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order of Court a praecipe. to the Prothonotary to submit the case to the Court for
final disposition. The master will then transfer the file with the proposed order of
Court and praecipe to the Prothonotary's office for docketing and transmittal by
the Prothonotary to the Court.
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Fonn available in the Prothonotary's office and the Master's office. iliOT the
pmecipe to trnnsmitthc record fonn a~ set out in P.R.C.P. I 920.73(b).
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THE MASTER: Today is Thursday, March II, 1999. This is thc datc sct for a
Mastcr's hearing in the above-captioned divorce proceedings.
Prcsent are the plaintiff, Kathleen S. Marsh, and hcr counsel, Robert L. O'Bricn
and the defendant, Robert 1. Marsh, and his counsel, Thomas J. Williams.
The partics were divorccd by dccrcc entcrcd on Octobcr 2, 1998 signcd by Judge
Hess. The decrcc retaincd jurisdiction ovcr alimony, division of property, lawycrs fccs and
expcnses as may be raiscd by the partics. The only cconomic claim raiscd in the action is
equitable distribution which was raised by the dcfendant.
PROCEDUAAIL IHlllS']fOiRY
The Master was appointed by order of Judge Hoffer on Decembcr 31,1997. After
a review of the filc, the Master detennined that no economic claims had bccn raised and the
Mastcr gave counscl an opportunity to raise claims before rcquesting that his appointmcnt be
vacated. 'The defendant filed a claim for cquitablc distribution on February 3, 1998; thcrcaftcr thc
Master dirccted the filing of prctrial statcmcnts. Husband filcd a prctrial statcmcnt on May 6,
1998; the plaintiff wifc did not file a prctrial statemcnt until the schcdulcd datc of the hearing on
March II, 1999.
Although a prehearing confcrcnce was schcduled with counsel, counsel requcsted
a confercncc with thc partics, which was ultimately held after a continuance requested by counsel,
on December I, 1998. Two weeks later the Master scheduled a hearing for March II, 1999.
Till: Master did not do his usual prehearing conferencc memorandum becausc
counsel were very optimistic the case would settle; however, whcn the parties and counselH
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appcared for thc hcaring on March II, 1999 and aftcr continuing ncgotiations. thc Master was
infonncd that a scttlcment was not going to bc possible. Thercforc, the hcaring wcnt forward and
after thc tcstimony of the parties, the rccord was c1oscd. Thcre was a rcqucst for thc opportunity
to submit an appraisal on the value of sevcn riflcs and also to identify the naturc of the owncrship
of those riflcs, and the Master indicatcd that the report could be providcd at a later date.
However, the Master is going to procced with his report and rccommendations on the issues
addressed in the testimony and will address the maller of the rifles in his statement of
recommendations which follows in the report.
STIPULATIONS
MR. WILLIAMS: The stipulations are that a Realtor, Steven Barrett, has prepared
some reports and his testimony would be stated in the rcport.
MR. O'BRIEN: The report of the rental value is what I understood.
MR. WILLIAMS: Right. I think he also prepared an appraisal.
MR. O'BRIEN: We havc two appraisals.
MR. WILLIAMS: I'll stipulate to both of them.
THE MASTER: So the stipulation as to the value of the real estate is $100,000
and $1 10,000. And what is the stipulation as to the value of the rental?
MR. O'BRIEN: $850.00 monthly.
MR. WILLIAMS: That's what it says.
THE MASTER: Any other stipulation?
MR. WILLIAMS: We have some stipulations as to the division of personal
property, but not a complete stipulation. There rcmains some items that are in dispute which I
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think gcncrally fall into thrcc categories: Onc of which is propcrty that is uscd by the childrcn that
is in thc posscssion of thc mother at this point. The second is a snakc that was owned by Bob
Marsh's brother. And upon his untimely decease, came into the possession of .. we're not sure
who. lbat's in dispute.- but is currently in the possession of the wife, and is at that marital
residence. And the third item of dispute pertains to some guns that the husband has and who
owns those guns.
I don't think any of them are titled, but as to whether they were gifted to the
marriage or to an individual or whethcr they were brought into thc marriage. And the only thing I
think may be a continuing problem after today is the fact that the guns were apparently
inadvertently omitted from the appraisal. So we don't know the value of the guns. And I think
we basically concluded that there's going to have to be a follow-up appraisal on the guns.
THE MASTER: Do you agree there needs to be a follow-up appraisal?
MR. O'BRIEN: Yes.
THE MASTER: Leaving aside you said the snake.
MR. WILLIAMS: Right. which really has no financial value. We have for the
husband $2,875.50 and to the wife $2,853.50. Those figures give wife all of the childrens'
property, that is the property used by the children. And also give husband all of the guns with a
total value of$700.
MR. O'BRIEN: There is one morc issue on the splitting up of the three-piece
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entcrtainment cabinet.
MR. WILLIAMS: And the exhibit that's marked G.I on page 2, there is a three-
piece cntcrtainmcnt cabinet that is valued at $115. The parties agree on the value of it. Husband
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wants one of the pieces for $38; wifc wants all thrce ofthcm.
FINDINGS OF FACT
1.
Thc parties werc marricd on Octobcr 4, 1986 and separatcd AprilS. 1997. They
are the natural parents of three childrcn, Daniclle N. Marsh and Alicia C. Marsh.
both born December 20, 1988. and Aaron R. Marsh. born October 21, 1991.
2.
No testimony was olTercd as to whether or not this marriagc is the first marriage
for both parties.
3.
Wife is 37 years of agc and residcs at II South Ridge Road, Boiling Springs,
Pennsylvania with the thrce minor children. She is the primary custodian of the
children.
4.
Wifc has a master's dcgree from Shippensburg Univcrsity and is currently working
for the Cumbcrland County Nursing Home as a full-time nurse manager. Hcr
income for 1997 on a W-2, based on wife's recollection, was $33,030.00. Since
receiving that W-2, wifc has had an incrcase of3 percent, which is a cost-of-
living raise provided by the County, and thcrefore the Mastcr will find that her
income is approximately $34,000.00 gross pcr year. Wife did indicate that she
rccalls that her currcnt salary provided a net incomc cvcry two wceks of around
$1,000.00. This would compute to approximately $26,000.00 net per year. Wifc
indicatcd that she is currently taking no cxcmptions which may mean that shc is
overwithholding on her Federal deduction. In any cvent, the Mastcr is satisfied
that her net income, as shc rccallcd. was around $1,000.00 biweekly. Wife did not
bring her current income information to the hearing.
5.
Wifc did not raise any health issucs and is providing medical insurancc coverage
for herself and the children through her employment.
6.
Husband is 37 years of age and resides at 360 Old State Road, Gardners.
Pennsylvania. He is living in a property which he purchased with a friend and
relative which also includes an adjoining property at 365 Old State Road, both of
which are subjcct to a mortgage dated September 30, 1998 in the amount of
$130,000.00. The mortgagors are Thomas E. and Molly S. Myers, husband and
wife, and husband herein, Robert 1. Marsh.
7.
Husband and his cousin, Thomas Myers, arc purchasing on a sales agreement a
property where they operatc a pizza business and a franchise known as Fox's
Pizza. Husband testified that he recently had to put in approximatcly $4,000.00 to
help meet opcrating expenses. He also testified that a recent tax return for the
corporation which he produced at the hcaring showed a loss to husband of
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approximately $9,000.00. (The 1998 retum . husband's Exhibit B.)
8. Husband had been working in addition to his Fox's Pizza employment with
Subway, but was terminated from that position on December 28, 1998.
Thereafter, he resumed full-time employment with Fox's Pizza and is currently
earning $28,000.00 per year. His income was higher in the previous year, being
approximately $36.000.00, and he had initially been taking $35,000.00 per year
from the pizza business during the year that the parties separatcd in 1997.
Husband's income from the date of separation to the prcsent has dccreased.
Husband testified that his nct check every two weeks is $817.61.
9. Husband has a health condition known as RSD (Reflcx Sympathetic Dystrophy)
for which he has had two surgeries and which hc now uses Advil to control pain.
However, in spite of husband's surgery on his right hand and the subsequent
surgery to sever a nerve to control pain, he is currently able to perform the duties
necessary to operate thc pizza shop.
10. Husband's medical insurance coverage is provided through his employment with
the pizza shop.
I I. Husband pays child support to wife for the three children the sum of$600.00 per
month.
12. The marital assets and the values assigned to those assets by the Master are as
follows:
(a) The marital residence located at II South Ridge Road,
Boiling Springs, Pennsylvania ($105,000 less the payoff
on the mortgage of $29,307)
$75,693.00
(b) Household tangible personal property in possession of wife
($2,853.50 + $38.00 . $368.00)
2,523.50
(c) Household tangible personal property in possession of husband
($2,875.50 - $38.00 . $700.00)
2,137.50
8,910.51
212.86
(d) Savings account at Cornerstone Fcderal Credit Union
(e) Checking account at Cornerstone Federal Credit Union
(I) Snake
No value
(g)
Seven riflcs
Value to be determined
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13. Husband has made a claim against wife for rcntal valuc based on an opinion by an
appraiscr that the rcntal value per month of the marital rcsidencc is $850.00.
14. Wifc has becn paying the mortgagc paymcnt which includcs taxes and insurancc in
the amount of$637.87 per month.
15. Wife brought $20,000.00 into the marriage and husband brought $5,000.00 into
thc marriagc. Included in thc $20,000.00 which wife brought into the marriagc,
was $14,000.00 which she contributed out of her account at thc time the partics
purchascd their home.
16. Husband attcnded Juniata Collcgc for two ycars and Shippcnsburg Univcrsity for
one and a half years but did not rcceivc a degree. Hc has becn in the food scrvice
business since lcaving college having prcviously worked for Your Place, most
recently having a part-time position with Subway and working in his own busincss
at Fox's Pizza.
17. No objection has bcen madc by either party in thcse procecdings to the mcthod and
adequacy of scrvice of any of the plcadings in thc divorce action, nor has either
party or counscl objected to the jurisdiction of this court to act in thcse
procecdings.
ANALYSIS OIF THE IF ACTORS
AS SET FORTH IN SECTION 3502 (a)
OIF THE DOMESTIC RELATIONS CODE
J.
The partics wcre marricd and living in a marital relationship for approximately ten
and one-half ycars. .
2.
No testimony was offcrcd as to whether or not there were any prior marriages.of . >' .'. ' .
either of the parties. ",';"';J~\(1s:,f;l~i
Wife is 37 years of age, in good health, and has a mastcr's degree in nursin~. ffer';;:?::i;cf(j~JJ;;~
primary source of income is through employment with the Cumberland County,;c,;~~;;~;j:~'~
Nursing Home as a nursc manager. Hcr income is around $34,000.00 gross~;:~,:;f.:i;;\~l
year and she has retircmcnt and hcalth bcncfits through hcr employment.:,....;:;~;~m;
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Husband is 37 ycars of age and has had a problem with Reflex Sympathetic '.:{;~:~
Dystrophy. He currently is working full-time at Fox's Pizza as an owner/manager;;jc;S::\r.
Although hc had ncarly four years of college, he did not obtain a degree and haS "i;,Il;".
bcen working in the food scrvice business since leaving college. He currently .', ,,:.;!~t.
makes gross from his pizza busincss $28,000.00 per year. .J',~~;j.:
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Wife's major liability is the mortgage on the home where she is residing with the
children; husband's liabilities include a balloon payment which is due in July 1999
of$289,OOO.00 to pay off the sales agreement for the pizza business and real estate
(he shares this obligation with his co-owner. Thomas Myers) and a mortgage
which he obligated himself to for the purchase OflWO properties at Old State
Road, Gardners, Pennsylvania with Thomas Myers and his wife in the amount of
$130,000.00.
4.
During the marriage, wife completed her master's degree and the parties paid
monthly $541.00 out of marital assets for two years to pay off the loan associated
with obtaining that degree. The parties paid off some college loans which husband
brought into the marriage as a result of his attendance at Juniata and Shippensburg.
5. Based on husband's operation and co-ownership of Fox's Pizza and his continuing
efforts to pay off the balance of the sales agreement in July of 1999 by borrowing
funds from CREDC and a local bank, and his investment in real estate as evidenced
by the mortgage of$130,OOO.00 (both investments being in conjunction with his
partner, Thomas Myers) husband's opportunity for the acquisition of capital assets
and increase in his income seems a reasonable expectation. Wife's opportunity for
acquisition of assets in the future is based on her ability to continue her
employment using her nursing education.
6. The SOurces ofincome of both parties is through their current employment and
benefits which they both receive through that employment.
7. Both parties brought funds into the marriage, wife bringing in $20,000.00 and
husband $5,000.00. Further, both parties contributed during the course of the
marriage to the acquisition and preservation of the marital property. Wife
also contributed her services to the home and family as a homemaker doing the
usual tasks of taking care of the children, the cleaning, cooking, shopping.
8. The property set aside to each party will be the distribution of the marital assets in
these proceedings. In addition, husband does have nonmarital property which he is
purchasing with his CO-partner.
9. The standard of living of the parties established during the marriage was middle
class.
10. The economic circumstances of wife at the time of distribution of the property is
based on her earnings and her ability to continue to provide a home for herself and
the children; husband's economic circumstances will depend on his success in the
operation of Fox's Pizza and the realization of any future benefits from the
purchase of the real estate on Old State Road, Gardners, Pennsylvania. The
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Master has not considered any tax ramifications with respect to the division of the
marital ;Jroperty.
II.
Wife is serving as the custodian of three dependant minor children.
DISCUSSION
IEQUlT ABLIE mSTRiBUTlON
Based on the stipulations of the parties and counsel, the facts found by the Master,
and the analysis of the factors under Section 3502 (a) in the Domestic Relations Code, the Master
believes that the distribution of the assets of the parties should be 55 percent to wife and 45
percent to husband.
In reviewing the factors, the Master believes that specifically comments should be
made about the factor relating to future acquisition of assets and the factor dealing with the
serving as a custodian of dependant minor children.
Husband continues to operate the pizza business, and he is hopeful he will be able
to obtain funds through refinancing with his partner to complete the terms of the sales agreement
in July 1999. Husband also apparently feels optimistic about his future ability to improve his
economic situation by going into a partnership with Thomas Myers and his wife in the purchase of
two properties on Old State Road, Gardners, and obligating himself with the Myers on a
$130,000.00 mortgage. Ifhusband is able to complete the refinancing of the business and
continue to operate the business, it is likely that this asset will prove to be a long-tenn, positive
investment which will appreciate in value. On the other hand, if husband is unable along with his
partner to obtain the financing to be able to continue to operate the pizza business, it would s.:em
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logical that he would look for employment in the food management field and be able to obtain a
indicate that he should be able to earn bctween $35,000.00 and $40,000.00 per year.
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job paying him more than he is currently earning at Fox's Pizza. His prior income record would
Consequently, the future seems positive for husband to realize an accretion of assets considering
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his current investment posture and the opportunity that he has to improve his income situation.
Wife. on the other hand, is limited in her ability to acquire assets in the future
based on the fact that she is employed in a position that provides her a set income, although the
Master does recognize that she has a retirement benefit with that position. Wife's resources most
likely will be used to continue to provide a home for the children so that her acquisition of assets
would be most likely the continued ownership of the home where she is currently living and her
retircment benefits.
The other factor which the Master feels compelled to comment upon is the factor
dealing with the wife serving as the custodian of the three dependant minor children. Husband
has taken the position that because he is paying child support in the amount of $600.00 per
month, that that should negate the importance of this factor as it may apply to wife's custody of
the children. The Master disagrees with husband's position on the application of this factor
inasmuch as the payment of money for the support of children is only one aspect of providing the
care that is required for children. Wife testified at length as to all of the tasks and services and
duties which she performs for the benefit of the children over and above the contribution of any
funds which are made by both parents. Wife's performance as a custodial mother requires her to
take care of the daily needs of the children like the cooking and laundry and helping with
homework and nurturing that is far and above the payment of money used to provide for the
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purchase of the childrens' necessities. Thc Mastcr docs not make Iightofthc financial
contribution of husband, but by the same tokcn cannot ignore thc cxtra ctlllrts which mothcr mllst
expend on a daily basis in order to provide for the ongoing nurturing and care of these three
children.
The Master also disagrces with husband's position on two other issues which were
raised, namely. husband's desire to include in the value ofthc marital assets the childrens'
bedroom furniture which amounts to a total of $368.00. and husband's claim for rcntal value fllr
the wife and childrens' occupancy of the marital heme since separation. With respect to the
furniture, the Master has consistently taken the position that where the household goods arc
specifically used for the benefit of the children, in this case the bedroom furnishings. that he will
not charge that value to the custodial parent. This is especially true in a case where the value of
that property is minimal. And the Master considers $368.00 to he a minimal value for the
furnishings for the bedrooms of three minor children. Further, with respect to the rental value,
although husband has produced an expert that says that the rental value of the home is $85ll.00
per month, wife has been making the mortgage payments which include taxes and insurance of
$637.87 per month. The Master is not compelled to do a precise mathematical computation with
respect to the rental value claim even though the payment by wife is less than the market rental
value. The Mastcr can consider in his overall view of the case, which the Master has done, that
wife has bcen paying lcss monthly than the rental value but the Master will also weigh in that
consideration the fact that the home that is bcing provided is being used for the parties' three
minor children. The Master's view of this situation may have been different If only wife had been
occupying the premises.
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Anothcr of the issucs which was placcd before the Mastcr was the qucstion of who
should have thc custody of a pct snake. Husband tcstificd that the snake has sentimental value
bccausc it was owncd by his recently dcceascd brothcr and givcn to the partics aftcr the brothcr's
death. Wifc tcstificd that shc handlcs thc animal frequently and the wife and children consider the
animal a pct and they have continued to providc exccptional carc for the snakc. The Mastcr is
conccmed that thc snake will not get the attention and carc from husband that it is currcntly
rcceiving with wifc and the children; thereforc, thc Mastcr bclicvcs that for the bcncfit of the
snake it should remain in its currcnt homc. The Mastcr's primary consideration in making this
decision was not the wishes of the parties, but what the Master felt was in thc best intcrcst ofthc
animal.
The partics failed to providc a list of thc riflcs that are at issue and to providc any
infonnation as to whcther or not all or any ofthc rifles are marital. Also, no values werc
providcd. The parties had more than adcquatc timc to obtain that infonnation prior to thc
hcaring. Consequcntly, thc Mastcr is procccding with his report and recommcndations and will
leave the issuc ofthc riflcs open to furthcr adjudication at request ofthc parties should they be
unable to arrive at a resolution of the distribution and value of these items. Handling the issue of
the rifles separately does not jeopardize or affect the disposition or resolution of the other issues
in this case that are pending before the Master.
With rcspcct to the value of the real estate, the Ma~tcr considered the fact that
therc were two appraisals, one by wife showing a value of$110,OOO.00 and another by husband
showing a value of $1 00,000.00. Husband took the middle road, which the Master is going to
accept and place a value on the real estate at $105,000.00. Even though the difference in the two
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The total marital cstatc subject to cquitablc distribution is $89,01'17.3'1. Wife is
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appraisals is more than a 5 pcrccnt deviation. nevertheless, the Mastcr bclieves that compromisinll
thc two values makcs morc sense than finding eithcr wife's value as the property value. which is
thc highcr value or husband's value as thc propcrty value, which is the lower value. This seems to
bc fair in vicw of the fact that wifc will bc retaining the real estate and charged with the equitable
valuc in that property. It is usually the case that the party retaining the real estute hus a lower
value than the party rclinquishing thc real cstate. In this case the opposite is true; lhercfilre. a
compromise secms justified.
cntitlcd to rcceive 55 perccnt of the marital cstate with a value 01'$49.212.55. And husbund is
cntitled to receive 45 pcrccnt of the marital estate with a value of $40,264.82.
RECOMMIENDA TIONS
EQUITABLE IIliHSTRIBUTION
MARITAL ASSETS AND VALVES ASSIGNlm TO wIn:
Rcal estate situate at II South Ridgc Road. Boiling
Springs, Pcnnsylvania
$'/5,693.00
Houschold tangiblc pcrsonal property in possession of wife
-1__523.50
Total
$78.216.50
MARITAL ASSETS AND VALVES ASSI(,NEI> TO HUSBAND
Cornerstone Fcdcral Credit Union savings account
$8,910.51
Comcrstonc Fcderal Credit Union checkinll account
212.86
Houschold tangible person property in husband's possession
2.137.50
Total
$11,260.87
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COMPUTATIONS
Value of marital assets wife entitled to receive
Value of marital assets assigned to wife
Excess on wife's distribution of marital assets
Value of marital assets husband entitled to receive
Value of marital assets assigned to husband
Shortfall on husband's distribution ofmarilal assets
$49.212.55
78,216.50
29,003.95
40,264.82
I 1,260.87
29,003.95
Husband shall transfer to wife all his right, title and interest by special warranty
deed the real estate situate at II South Ridge Road, Boiling Springs, Pennsylvania within 30 days
of the date ofa final order in these proceedings. Upon transfer of husband's interest in the real
estate to wife, wife shall pay to husband the sum of$29,003.95. The Master is providing only 30
days for the completion of this transaction inasmuch as wife has been preapproved for a mortgage
and will be able to refinance the property within a short period of time.
Wife shall be entitled to receive all the household tangible personal property
currently in her possession and as shown on Exhibit G-I and G.2 (G- I and G.2 exhibits with ink
notations) including the bedroom furnishings of the children and the three pieces of the
entertainment cabinet.
Husband shall receive the household tangible personal property as noted on the
same exhibits designated to husband with the exception of one of the three pieces of the
entertainment center.
Wife shall be entitled to retain the snake owned by the parties at the time of
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Wife shall be entitled to retain the snake owned by the parties at the time of
separation.
Although no value was placed on husband's interest in Fox's Pizza, the Master
awards the interest of husband in that business to husband free of any claims by wife, and husband
shall indemnify and save wife harmless on account of any obligations which wife may have
assumed on account of the purchase of the business and any claims which may be made against
wife by any creditors or owncrs of the busincss.
The parties will sign all titles and documents necessary to transfer of assets
assigned to each of the parties hcrcin as provided in the distribution of assets as set forth above.
With respect to the sevcn riflcs. should the parties be unable to agrce as to
ownership and value, they can ask the Master to schedule a separate hearing, the Master retaining
jurisdiction concerning this issue. Otherwise, all other mailers and issues in this case shall
procecd to a final order. (The value of the rifles was deducted from husband's distribution of
pcrsonal property.)
Respeetfully s\lbmilled,
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E. Robert Elicker, II
Divorce Master
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KATHLEEN S. MARSH.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
VB.
ROBERT J. MARSH,
Defendant
CIVIL ACTION - LAW
NO. 97 - 1862 CIVIL
19
: IN DIVORCE
STATUS SHEET
DATE:
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Tr.cl .10 Colyer
OWee Manager/Reporter
West Shore
697-0371 Ext. 6535
January 12, 199B
Thomas J. Williams, Esquire
HARTSON, DEARDORFF, WILLIAMS
& OTTO
10 East High Street
Carlisle, PA 17013
RE: Kathleen S. Marsh vs. Robert J. Marsh
No. 97 - 1862 civil
In Divorce
Robert L. o'Brien, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, PA 17013
Dear Mr. o'Brien and Mr. Williams:
By order of Court of President Judge George E. Hoffer
dated December 31, 1997, the full-time Master has been appointed
in the above captioned divorce proceedings.
A divorce complaint was filed on April 9, 1997, raising
grounds for divorce of irretrievable breakdown of the marriage.
No economic claims were raised in the complaint.
The motion for appointment of Master indicates that the
economic issue before the Master is distribution of property.
However, until that claim is raised in appropriate pleadings,
the matter is not before the Master and I will not issue a
directive for the filing of pre-trial statements. Upon receipt
of a petition or an amended complaint or counterclaim raising
any economic issues, I will then issue a directive.
I assume that grounds for divorce are not an issue and
that both parties will execute affidavits of consent allowing
the divorce to proceed under section 3301(c) of the Domestic
Relations Code. If my assumption is not correct, please advise
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Masler
Tracl Jo Colyer
Office Manager/Reporter
West Shore
697-0371 Ext. 6535
February 6, 1998
Robert L. O'Brien, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, PA 17013
Thomas J. Williams, Esquire
HARTSON, DEARDORFF, WILLIAMS
& OTTO
10 East High Street
Carlisle, PA 17013
RE: Kathleen S. Marsh vs. Robert J. Marsh
No. 97 - 1862 Civil
In Divorce
Dear Mr. O'Brien and Mr. Williams:
I have received a claim for equitable distribution filed
by the Defendant on February 3, 1998. Consequently I am
directing each counsel to file a pre-trial statement in
accordance with P.R.C.P. 1920.33(b) on or before Friday, March
6, 1998. Upon receipt of the pre-trial statements, I will
immediately schedule a pre-hearing conference with counsel
to discuss the issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE WITH A COPY SENT DIRECTLY TO OPPOSING
COUNSEL.
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KATHLEEN S. MARSH,
Plaintiff
:
.
.
NO. 97 - 1862 CIVIL
ROBERT J. MARSH,
Defendant
.
.
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Robert L. O'Brien
Counsel for plaintiff
Thomas J. Williams
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 22nd day of June, 1998, at 9:30 a.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 3/17/98
E. Robert Elicker, II
Divorce Master
Robert L. o'Brien, Attorney plaintiff, has not filed a pre-trial
statement as of the date of this notice.
Thomas J. williams, Attorney for Defendant, filed a pre-trial
statement on March 6, 1998.
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KATHLEEN S. MARSH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
NO. 97 - 1862 CIVIL
ROBERT J. MARSH,
Defendant
IN DIVORCE
CONFERENCE
WITH COUNSEL AND PARTIES
TO: Robert L. O'Brien
Kathleen S. Marsh
Counsel for Plaintiff
Plaintiff
Thomas J. Williams
Robert J. Marsh
, Counsel for Defendant
Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the
27th
day of July, 1998, at 1:30 p.m.,
with counsel and the parties to discuss the outstanding economic
issues to determine if there is a basis of settlement of claims.
If issues remain after the conference, a hearing will be
scheduled at another date.
Very truly yours,
Date of Notice: 6/22/98
E. Robert Elicker, II
Divorce Master
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KATHLEEN S. MARSH,
Plaintiff
NO. 97 - 1862 CIVIL
ROBERT J. MARSH,
Defendant
IN DIVORCE
CONFERENCE
WITH COUNSEL AND PARTIES
TO: Robert L. O'Brien
Kathleen S. Marsh
, Counsel for Plaintiff
, Plaintiff
Thomas J. Williams
Robert J. Marsh
, Counsel for Defendant
, Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover street, Carlisle,
Pennsylvania, on the
1st
day of September
at 1:30 p.m.,
with counsel and the parties to discuss the outstanding economic
issues to determine if there is a basis of settlement of claims.
If issues remain after the conference, a hearing will be
scheduled at another date.
Very truly yours,
Date of Notice:
7/27/96
E. Robert Elicker, II
Divorce Master
KATHLEEN S. MARSH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 1862
vs.
CIVIL ACTION - LAW
ROBERT J. MARSH,
Defendant
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Kathleen S. Marsh , Plaintiff
Robert L. O'Brien , Counsel for Plaintiff
Robert J. Marsh , Defendant
Thomas J. Williams , 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 11th day
of March , 1999, at 9:00 a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
President Judge
Date of Order and
Notice: q /14/9B
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
CAllL1SLE. PA 17013
TELEPHONE (717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
KATHLEEll MARSH
Plaintiff
vs.
ROBERT MARSH
NO. 97-1862
19
MOTION FOR APPOINTMENT OF MASTER
~) (Defendant),
following claims:
moves the court to appoint
Robert Marsh
a master with respect to the
( ) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
ex )
( )
( )
( )
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as t~ the claims(s) for which the
appointment of a master is requested.
(2) The defendant (has) (~) appeared in the action (~)
(by his sttorney, Thanas J. Williams, Esquire ,Esquire).
(3) The staturory ground(s) for divorce (is) ~
Irretrievable break down
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(c) The action is contested with respect to the following
claims : Distribution of Property
(5) The action ~ (does not involve) complex issues of lllw
or fact.
(6) The hearing is expected to take 2 (hours) ~.
(7) Additional information, if any. relevant to the motion:
elusive Possession of the marital resi ce was entered on 12/11:1/9/.
Date:
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Attorney for
. (Defendant)
rt ~, ~OINTING ~ .D- (' IJ .' ,& .
AND NOW ~- _,~9f.-1..:..' ~ ~ Esquirs,
is appointed ster with respect to the following claims:
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The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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THE COURT RETAINS JURISDICTION OVER ALIMONY, DIVISION OF PROPERTY, ~
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Plaintiff
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ROBERT J. MARSH,
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DIVORCE
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AND NOW, ....,..... .c?0.~... ,~~., 19 .~r:... it is ordered and
decreed that ....,..... !<.A,'I:I;I~.E.E;l'!. ~." .!:I(\R~fj,. , , . , . . . . .. .. , . . .. plaintiff,
ROBERT s. MARSH
and. . . . . .. .. , . . , .. . . . .. ..........",................,....." defendant,
are divorced from the bonds of matrimony.
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LAWYER'S FEES AND EXPENSES AS 14AY BE RAISED BY THE PARTIES.
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-
KATHLEEN S. MARSH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1862
v.
ROBERT(f MARSH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
MOTION FOR BIFURCATION
1. Movant is Robert L. O'Brien, Esquire, attorney for the Plaintiff.
2. Plaintiff and Defendant wish to proceed to dissolve the marriage and
allow the Court to retain jurisdicllon over attendant matters as set forth in the attached
Decree In Divorce.
3. The attendant matters are presently pending before the Divorce Master.
4. The proposed Decree In Divorce is adequate to protect the parties
interests and the parties are represented by counsel.
WHEREFORE, Movant respectfully requests that the Court issue a Decree In
Divorce.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
I
By~6~
Robert L. O'Brien, Esquire
1.0. # 28351
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
TH:::':.N::SENT TO THE BIFURC:::-~~/~~ ACTION
KATHLEEN S. MARSH ./ ROBERTa. MARSH
I
KATHLEEN S. MARSH,
Plaintifl.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
vs.
NO.97- /Pt. 'J......
CIVIL
ROBERT J. MARSH.
Dcfcndant
CIVIL ACT/ON-LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You havc becn sucd in court. If you wish to defend against the claims set forth in
the following pages. you must take prompt action. You are warncd that if you fail to do so, the
case may procced without you and a dccrce of divorcc or annulmcnt may be entered against you
by thc court. Ajudgmcnt may also be cntcred against you for any othcr claim or relief requested
in these papers by the Plaintiff You may lose moncy or propcrty or other rights important to
you. including custody or visitation of your children.
Whcn the ground for the divorcc is indignities or irrctricvable brcakdown of the
marriage, you may requcst marriagc counscling. A list of marriagc counselors is available in the
Office of the Prothonotary at the Cumberland County Court House. Carlisle, Pennsylvania.
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IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY.
COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS GRANTED. YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF
YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Court Administrator
Cumbcrland County Court House
Fourth Floor
Carlisle, I' A 17013
Tclephonc: (717) 240-6200
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KATHLEEN S. MARSH,
PlaintilT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO.97- IiI.:. ~
CIVIL
ROBERT J. MARSH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
COMPLAINT UNDER SECTIONS 330\(Cl
AND 330\(0) OF THE DIVORCE CODE
I. PlaintilT is Kathleen S. Marsh. an adult individual who currently resides at II
South Ridge Road. Boiling Springs. Cumberland County, PA 17007.
2. Defendant is Robert 1. Marsh, an adult individual who currently resides at II
South Ridge Road, Boiling Springs, Cumberland County. PA 17007.
3. PlaintilTand Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately previous to the filing of this Complaint.
4. The PlaintilTand Defendant were married on October 4, 1986, in Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The marriage is irretrievably broken.
7. The PlaintilThas been advised of the availability of counseling and that she may
have the right to request that the court require the parties to participate in Counseling.
8. PlaintilT requests the court to enter a decree of divorce.
.-1-
WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in
favor of the Plaintiff and against the Defendant.
I
Respectfully submitted,
. .
O'BRIEN, BARIC & SCHERER
r- ~~~v.v-
Robert L. O'Brien, Esq~ire
I.D.# 22853
17 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Plaintiff
VERIFICATION
I veritY that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the pcnaltics of 18 Pa. C.S. * 4904, rclating to
unsworn falsification to authorities.
~l---L,-.._. S fl--\..A./L~
Kathlecn S. Marsh
Date: 4-g-'l'l
f.\flLES\lJ"TAflLE\l.JENtxX.'9111nI).PRA 1r'ld1r
('I..1td OYllW711 21100 AM
.amMd OYQW7!1lO'-6AM
KATHLEEN S. MARSH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-1862 CIVIL
ROBERT J. MARSH,
Defendant
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Enter the appearance of MARTS ON, DEARDORFF, WILLIAMS & OTTO in behalf of
Defendant Robert J. Marsh in the above matter.
MARTSON, DEARDORFF, WILLIAMS & OTTO
By ~ ')/td4~
Thomas J. Williams, Esquire
Ten East High Street
Carlisle. PA 17013
(717) 243-3341
Attorneys for Defendant Robert J. Marsh
Dated: May 5, 1997
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KATHLEEN S. MARSH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1862 CIVIL TERM
v.
ROBERT J. MARSH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301 (C) of the Divorce Code was
filed on April 9, 1997
2. Defendant acknowledged receipt and accepted service of the Complaint
on
3. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce without notice.
5. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
6. I understand that I will not be divorced until a Divorce Decree is entered
by the Court and that a copy of the Decree will be sent to me immediately after it is filed
with the Prothonotary.
7. I have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsific:o,n t~ aU~~rities.~ ~
7/..:l/ qg /'Zc~ Z;::::-'
Date:' _
ROBERTJ.MARSH
1/1/78
i8'M
KATHLEEN S. MARSH,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1862 CIVIL TERM
ROBERT J. MARSH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
2. Defendant acknowledged receipt and accepted service of the Complaint
1. A complaint in divorce under Section 3301 (C) of the Divorce Code was
filed on April 9, 1997
on
3. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed from the date of the filing of the Complaint.
4.
I consent to the entry of a final decree in divorce without notice.
.-
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5. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
6. I understand that I will not be divorced until a Divorce Decree is entered
by the Court and that a copy of the Decree will be sent to me immediately after it is filed
with the Prothonotary.
7. I have been advised of the availability of marriage counseling and
understand that I may request that the court require counseling. I do not request that
the court require counseling.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: V. - ~~ - '2
e:r-,-'lY f4+',.
l<...n 0 "_'" ~
KATHLEEN S. MARSH
F:' fIUS'DA T "fltE O[NIXX'VT l11n.ct.A. I .hl.
CmlNOJiOS..711:2tlll6A.1.t
Rrollnl.02,O};"'UIS9:J'oI"M
112n,1
KATHLEEN S. MARSH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 97-1862 CIVIL
ROBERT J, MARSH,
Defendant
IN DIVORCE
DEFENDANT'S CLAIM FOR EOUlTABLE DISTRIBUTION
OF MARITAL PROPERTY
,
AND NOW, comes Defendant, Robert J, Marsh, by and through his attorneys, MARTSON,
DEARDORFF, WILLIAMS & OTTO, and makes his claim for equitable distribution as follows:
I. Plaintiff and Defendant are the joint owners as tenants by the entireties of certain real
estate which is subject to equitable distribution by this Court.
2. Plaintiff and Defendant are the owners of various items of persona I property, furniture
and household furnishings acquired during their marriage which are subject to equitable distribution
by this Court.
3. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts
acquired during their marriage which are subject to equitable distribution by this Court
WHEREFORE, Defendant, Robert J. Marsh, respectfully requests this Honorable Court to
enter his claim for equitable distribution of the marital property.
Respectfully submitted,
MARTSON, DEARDORFF, WILLIAMS & OTTO
By 1~.u 7 ~~
Thomas J. Wi1Ii~ms, Esquire
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Respondent Robert J. Marsh
Dated: February 3, 1998
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson, Deardorff, Williams & Otto, hereby
certify that a copy of the foregoing Defendant's Claim for Equitable Division of Marital Property
was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage
prepaid, addressed as follows as follows:
Robert L. O'Brien, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, P A 17013
MARTSON, DEARDORFF, WILLIAMS & OTTO
&~(J ~(~
Tncia D. Eckenroad
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: February 3, 1998
KATHLEEN S. MARSH,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-1862
ROBERT J. MARSH,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
PRE HEARING STATEMENT
1) Plaintiff Wife brought $20,000 to the marriage and Defendant Husband brought
$5,000. When the marital home was purchased Wife used $14,000 of her funds for the
down payment.
2) Both parties worked full time until children arrived. After the children arrived, the
Wife functioned as a homemaker caring for the children as well as managing all
aspects of the household. She also returned to school so to receive a nursing
certification for her eventual return to full time employment.
3) During the marriage the parties paid off Husband's college loans and paid for
Wife's tuition for the nursing degree.
4) Wife has primary custody of the children and Husband pays child support.
Other than child support, Husband does not contribute for the miscellaneous expenses
associated with the children such as clubs, camps, gifts to other children, school
supplies etc. Wife has been trying to set aside money for a college fund for the three
children.
5) Wife wants to maintain possession of the marital home. Husband has
purchased a home and rental property since the last conference with the Master.
ASSETS OF PARTIE&
(Plaintiff) (Defendant) marks on the list below those items applicable to
the case at bar and itemizes the assets on the following pages. If an item has been
appraised, a copy of the appraisal report is attached.
( )
( )
( )
( )
( )
( )
( )
( )
(X)
(X)
( )
(X)
(X)
( )
( )
(X)
(X)
( )
( )
( )
( )
( )
( )
( )
( )
( )
1. Real Property
2. Motor Vehicles
3. Stocks, bonds, securities and options
4. Certificates of Deposit
5. Checking Accounts, Cash
6. Savings Accounts, Money Market and Savings
Certificates
7. Contents of safe deposit boxes
8. Trusts
9. Life Insurance policies (indicate face value, cash
surrender value and current beneficiaries)
10. Annuities
11. Gifts
12. Inheritances
13. Patents, copyrights, inventions, royalties
14. Personal property outside the home
15. Business (list all owners, including percentage of
ownership, and officer/director positions held by a
party with company)
16. Employment termination benefits-severance pay,
workman's compensation claim/award
17. Profit sharing plans
18. Pension pians (indicate employee contribution and
date plan vests)
19. Retirement plans, Individual Retirement Accounts
20. Disability payments
21. Litigation claims (matured and unmatured)
22. MilitaryN.A. benefits
23. Education benefits
24. Debts due, including loans, mortgages held
25. Household furnishings and personalty (include as a
total category and attach itemized list if distri-
bution of such assets is in dispute)
26. Other (Mutual Funds)
NON-MARITAL PROPERTY
Plaintiff lists all property in which a spouse has a
legal or equitable interest which is claimed to be excluded from
marital property:
Item
Number
l.
2.
3.
4.
5.
6.
7.
8.
9.
10.
ll.
12.
13.
14.
15.
16.
17.
Item
Number
1.
2,
3.
4.
5.
6.
7.
8.
9.
Description
of Property
Fulton piano
Technic's stereo
Oak dry sink
singer sewing Machine
Rocking Chair
Rocking Chair - cane seat
smith Corona typewriter
35mm Camera - Zoom XL Canon
Marble top night stand
Cedar Chest
Tea cart - wooden
WO(Jden Desk
Crystal
Encylopedia Set (Funk &
Lamp (1)
Couch & Chair in basement
Leg table
Names of
All Owners
W
W
W
W
W
W
W
W
W
W
W
W
W
Wagners)W
W
W
W
Date of
AC<;ll1isition
1988
1988
1987
1992
1988
1986
1995
1989
1979
1985
1982
1986
Varies
1985
1988
1997
1986 Item
Cost or Value
as of Date
of Acquisition
Value as of
Date Action
Commenced
Amount of
Any I,ien
Item Description Names of Date of
Number of Property All Owners Acquisition
l. Tool box/cabinet H 1994
2. Gun cabinet H 1992
3. Exercise bike H 1994
4. Curtis Mathis TV H 1986
5. Homemade nightstand H 1980
6. Metal/Plastic computer stand H 1993
7. Universal H 1995
8. Table/desk in basement H 1986
9. 35mm Camera H 1983
.,--.--O';;';'...;.i./.;i.
..
Cost or Value Value as of
Item as of Date Date Action Amount of
Number of ACCVIisition Commenced Any Lien
1.
2.
3.
4.
5.
6.
7.
B.
9.
Number Basis for Exclusion from MaritalProperty
1. Gift or Brought into marriage by individual
2. Gift or Brought into marriage by individual
3. Gift or Brought into marriage by individual
4. Gift or Brought into marriage by individual
5. Gift or Brought into marriage by individual
6. Gift or Brought into marriage by individual
7. Gift or Brought into marriage by individual
B. Gift or Brought into marriage by individual
9. Gift or Brought into marriage by individual
10. Gift or Brought into marriage by individual
11. Gift or Brought into marriage by individual
12. Gift or Brought into marriage by individual
13. Gift or Brought into marriage by individual
14. Gift or Brought into marriage by individual
15. Gift or Brought into marriage by individual
16. Gift or Brought into marriage by individual
17. Gift or Brought into marriage by individual
PROPERTY TRANSFERRED
(Plaintiff) () lists all property in which either or
both spouses had a legal or equitable interest individually or
with any other person and which has been transferred within the
preceding three years:
Item
Number
Description
of Propertv
Names of
All Owners
Date of Date of
Acquisition Transfer
Item
Number
Cost or Value
as of Date
of ACq}liBition
Amount of Any
Value as of Lien at Date
Date of Transfer of Transfer
Item
Number
Nature of
Any Lien at
Date of Transfer
Effective
Date of Lien
Holder
of Lien
~
~ .
---~~"...,..-.--" --
LIABILITIES OF PARTIES
(Plaintiff) () marks on the list below those items
applicable to the case at bar and itemizes the liabilities on the
following pages.
SECURED
(X )
( )
( )
( )
UNSECURED
( )
( )
( )
( )
( )
1. Mortgages
2. Judgments
3. Liens
4. Other Secured Liabilities
I
,
!
,
r
5. Credit card balance
6. Purchases
7. Loan payments
8. Notes payable
9. Other Unsecured Liabilities
CONTINGENT OR DEFERRED
() 10.
() 11.
() 12.
() 13.
() 14.
() 15.
Contracts or Agreements
Promissory Notes
Lawsuits
Options
Taxes
Other contingent or deferred
liabilities
LIABILITIES
(Plaintiff)
spouses alone or with
commenced:
() lists all liabilities of either or both
any person as of the date this action was
Item
Number
1.
Date
Balance is Due
Periodic
Payment and Amount
$627.70/mo. (paid
by Kathleen since
April, 1997)
Item
Number
1.
Description
of Liability
Mortgage
Names of All
Creditors Debtors
GHAC Mort. corp. H&W
Item
Number
1.
2.
3.
4.
5.
Date Liability
was Incurred
July, 1986
Amount of Liability on Date
Incurred & Action was Commenced
$55,000 loan
$34,511 as of separati~n
.',:..: ~':" .~ "':"";,;:..' ~. ',:: Mo..rGi~GiE,.J'~\:OUNl'r.. e. 1:".' '.~.. ',".>:.~,. .;' 7',','C~: ':c.-,
"II \. ,:1
,or all the :omfolts of home. .
GMAC
~"ortgagc:
'Lldr~'n 11Ir Imllllric..:
Account"
Social Securlly "
Home Phone"
::16'9i855
:03.5:.1 ~:.a
17171258.3178
a:II;: J' n" "';"H~" .,1... ' ., I :... :.....
Pl,na ....nty your m'lhn~ 30drt" '0(1.11 \fcuflty number ana home phon. number, Mak,
n.cessary (orrlellon, on Ihl' DOI110n 01 tho ,IJlom,,,, dCt3Ch .1nd m.1lllo ladltSl lilted 111,1'1
, '.... ,'Ac:c:aU:N11l" IMFa..-.-rIlOM'" .
'.\ ." .' . . \ "II ~l '..
"\:: . .\1 ..\
1",111",111",11",1",11.1"1",111..""11,,,11,,,11,11,,1
ROBERT & KATHLEEN MARSH
11 RIDGE RD
BOILING SPRING, PA 17007-9701
.----------------------------------------------------------------------------------------------------------------------
.
Account Number
216197655
Principal and Interest
Subsldy/buydown
Escrow
Additional Products/Services
Amount Past Due
Outstanding Late Charges
Othe,
Total Amount Due
Account Due Date
Last Statement Date
December 31.1996
Current Statement Date
January 22. 1997
Current Principal Balance"
$34.706.61
CUllent Escrow Balance
$685.49
Inte,est Paid Year-to.Date
Total Paid
'.. ~
$294.69
Taxes Paid Yea,.to.Date
Check #
.J,..", c'
Sl,.'\..' h.ld hlr ;lUhlll1all~: P;I) II\l.'nl ,ign.u('I int"nnnalillll.
$0.00
..
$467.75
$0.00
$135.62
$0.00
$0.00
$0.00
$0.00
$623.37
March 1. 1997
~ I
Date .;;...> I. ", /
Prinripal
-.: .".- ..,' .TRA""~""C1;"la,.s: SrNCe t,AS"1l" S't:'....1:.e.e..1;: .:" .....,:.- ','
D.,criptilln
Due Dale
Dale Paid
Tlllal Pa) m,nt
Inleml
PAYMENT
ADDITIONAL PRIN
0201,97
01:22;97
01:22/97
S62337
550.00
S192.86
S5000
S294.89
$000
E~nJw
Wh..
S135.62
$0.00
SO.OO
SO.OO
Did you know you can obtain your loan balance. next payment due date and other general loan Information
Ihrough our Dllect Line automaled response system? Simply dlal1.80Q.766-4622 from a touch-tone telaphone
to access thiS Informaoon. 1996 year. end Inlormahon and much. much more! Plaase have your account number
available to enter dUllng Ihls call
.\ I I
~
"--,"." 'I.......
For 1111 the comforts of home:"
BO~ROWER INFORMATION CO.BORROWER INFORMATION GMAC I....
N....: ROBERT J. MARSH Nlme: KATlilEEN MARSH Mortgage
Soclll Securlty~: 203.&2.1224 Soclll Securlty~:
HomoPhonl~: (717)251-3171 Home Phone ": (717)251-3171
Work Phone ~: Work Phone ":
Accounl Number: 211197155
_... ""..... II. ItI.."..,.. ..\4...... ..\1,1,"" , "Uti 1_ 0l'C1
1,.,111,.,111",11",1",11,1"1",111."",11",11,,,11,11,,1
ROBeRT ". MARsH
KATHLUN MARSH
II RIDO! RD
1I0lLlNO SPRING ~A 17007-0701
i
il
i
i
!
~
co
Plea.. wrtty your mlmna addr.... IOClIlIKurity numbt,..nd home phone numbef1. Make nec....ry
COIToctlont on thI1 po<Ilon "'tho It.lomenI. dotach end m.11 10 Idd..lIll.lod ,..Inqulrl.. on th. rlV1lll' lid..
DETAILS OF AMOUNT DUE/PAID
. . ..
Principal and Interest
Subsldy'buydown
Escrow
Additional P,oductsfServlces
Amount Past Due
Outstanding Late Charges
Olher
Total Amount Due
Account Due Date
$487.75
$0.00
$139.95
$0.00
$0.00
$0.00
$0.00
$627.70
July 01,1996
CUl/,nt Stalemenl Oat~ June 01,1996
Maturity Data Juty 01, 2018
Interesl Rate 10.125
CUl/enl Principal Balance' 531,362.66
CUl/ent Escrow Batance $766.02
Interest Paid Year-to-Date $1,351.63
Taxes Paid Year.\o-Dale -$263.85
Total Paid
Cheek II
Date
See back for automal;c payment .Ign-up Informalion.
DtscrlpUon
Mo<tgage Plymenl
HlZItd Inlurlnce Plld
Du. Dat.
Dal. raid TrlMaotlon TQtal rrlnclpII
Int.rtSt
Escrow
Oth.r
06101/98 06101/98
05122198
5627.70
$235.00
$221.09
$266.66
$139.95
-$23500
'This Is your Prlnctpal Batance only, not the amount required 10 pay your loan In fulL
.r: ~2~~~~~9n~~
~ Itfmlb..rfounded- ServIt:./xucd.
P.O. BOX 1181
CARLISLE. PA 17013
717-24g.1681
SEe REVERSE 6IDE fOR IUPORTAHT
INFOfll.tATION REOARO<NO YOOn
AlONTS TO OlSPUTE Ill1.UNO EAAOIlS.
~
BEE RMRSE SlOE fOlIlUPORTAHT
IHFORt.IATlOH IN CASE Of ERAORSOR
CUESTIOHS AllOUT yOUR El1CTRONIC
TRANSFERS IOENTIFlEO VoITH lITTERS 'or
KATHLEEN S MARSH
ROBERT J MARSH
11 S RIDGE RD
BOILING SPRINGS PA 17007
SSN: 167 - 5 4 - 5549 FOR YOUR CONVENIENCE. A FORII FOF
BAlAHQNQ A INARI DRAFT ACCOUNT
IS PRINTED ON THE REVERI&.
IIElolBERNlAlBER ITATUlENT PlRlOD
1960 03 01 98 THRU 03 31 98
ONNERSHlP ~ SHARE. DEPO,., AND CERTIFiCATE ACCOUNTS SHOWN ON TtilS STATEt.lEHT IS NOT TRANSfERABlE EXCEPT ON THE BOOKS Of THE CRED4T UNION.
~AL''''I'\l ..
NlWlD_
TRAHlIACT10N
0E1lCR11'TlOH
TlIANSACTlOH
AIAOUNT
IALANCli
SHARE 01,.REGULAR SHARE ACCOUNT
03-01 PREVIOUS BALANCE 8697.37
> A DIVIDEND OF 69.70 WILL BE POSTED TO THIS ACCOUNT ON APR 01 <
03-31 NEW BALANCE
>> YEAR-TO-DATE DIVIDEND$ THIS ACCOUNT
.
- - - - - - - - - - - - - - - - - - - - - -
8697,37
70.67 <<
- - - - - - - - - - -
212.86
212,86
.00 <<
- - - - - - - - - - -
SHARE 07" SHARE DRAFT ACCOUNT
03-01 PREVIOUS BALANCE
03-31 NEW BALANCE
>> YEAR-TO-DATE DIVIDENDS THIS ACCOUNT
TOTAL DIVIDENDS EARNED THIS YEAR $
TOTAL FINANCE CHARGES PAID THIS YEAR $
70.67
,00
THE CREDIT UNION MEMBERSHIP ACCESS ACT (H,R,llSl) IS PRESENTLY UNDER
CONSIDERATION IN BOTH THE U,S, HOUSE AND SENATE, PASSAGE OF A CONSUMER/CREDIT
UNION FRIENDLY BILL IS NOT CERTAIN. ALL MEMBERS ARE URGED TO CONTACT THEIR
U,S, SENATORS AND REPRESENTATIVES AND ASK THEM TO PLEASE VOTE FOR H,R,llS1
AS APPROVED BY THE HOUSE BANKING COMMITTEE,
CALL THE CORNERSTONE FCU OFFICE (249-1661 OR 1-888-718-6786) FOR ASSISTANCE
IN IDENTIFYING YOUR GOVERNMENT REPRESENTATIVES OR TO ANSWER ANY QUESTIONS YOU
~1AY HAVE CONCERNING TIIIS VITAL LIlGISLATION,
THANK YOU FOR YOUR CONTINUED SUPPORTI
.
.
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
, .'."".,.
11-01
11-30
SHARE 07, ,SHARE DRAFT ACCOUNT
PREVIOUS BALANCE
NEW BALANCE ..
>> YEAR-TO-DATE DIVIDENDS THIS ACcouNT
212,86
212,86
SEND INQUIRIES TO: STATEMENT OF ACCOUNT
~ ~~~~~~~9~~
.... Mmlber 10l/ltdtd - Strvlce Mltd.
P.O. BOX llDI
CARLISLE. PI. 17013
717-240.1..,1
tiJ2I1kl1
SEE REVERSE IAOI 'OR UORT ANT
INFonMATtON REClAROtHQ YOUR
RKlttlS 10 DISPUtE 8lUJHa ERAOAS
tlIlID
SEE RfVERSE IIDE FOR IUPORrAHT
IHFORtiIA TtON IN CAlI OfIIRRORI OR
QUESnoUS AIOUT 'tOUR 11ICTAOUlC
TnANYEns 10("'''110 WItH unlnt"
SSN: 167-54-5549
FOR YOUR CONVINlINCI, A FORM F
BALANCING A INAIII DIlMT ACCOU
IS PAINTED ON THI RIVIAII.
KATHLEEN S MARSH
ROBERT J MARSH
11 S RIDGE RD
BOILING SPRINGS PA 17007
uruOEn NWOEn
8TAT[UE"" PERtOO
1960 11/01/97 THRU 11/30/97
r:NiNIRSHIPOF IWARE. O'P~T AND CEnTIFICATiACCOUN1S <JHOWHOtl 1HIS ITA,rUEUT 19 NOf tnANsrEnADLE eXCEPT ON 'HI:: BOQKSOf tHE cnEDlT UNIOH.
TFWlUCTlON
CAT.
lRAHIACTlON
OUCRlPT1OH
TRAN5AC rtOH "AI. . FINANCe
.wouHT NEW La_ CHARGI! IAlAHCE
8626,70
8626,70
ACCOUNT 310,38 <<
- - - r - - - - - - - - - - - - - - - - -
11-01
11-30
SHARB 01,.REGULAR SHARE ACCOUNT
PREVIOUS BALANCE
NEW BALANCE
>> YEAR-TO-DATE DIVIDENDS THIS
11.10 <<
TOTAL DIVIDENDS EARNED THIS YEAR $
TOTAL FINANCE CHARGES PAID THIS YEAR $
321. 48
.00
TO OUR VALUED CORNERSTONE MEMBERS
WE OFFER THANKS FOR YOUR CONTINUED CONFIDENCE IN OUR ABILITY TO SERVE YOU I I
HAVE A JOYOUS HOLIDAY SEASONI I
I
~(
:y:
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
,
.
BILL ROWE' AU 1538L
EN ' AIII092L
08 ' AU 2216L
R. D. 4, Box 353 . Carlisle, PA
249-2677 249-1978
Auction Is Action CaUIIROWE" For Satisfaction
August 24, 1998
TO:
Kathleen Marsh
11 South Ridge Street
Boiling Springs, pa
Robert Marsh
46 Old Towne Road
Gardners, Pa
CC:
Robert O'arien
Attorney
17 West South Street
Carlisle, Pa.
Thoma!! IHlliams
Attorney
10 East High Street
Carlisle, Pa.
FR: Benny Rowe
Auctioneer/Appraiser
2505 Ritner Highway
CarliSle, Pa.
REF: Personal Property Appraisal at the current Auction Market
Value,
KITCHEN
Microwave, Frigidaire
Cabinet, Microwave, Pine
Small electrical appliances
Pots, Pans, Baking Dishes
Misc Glassware
Misc China
Small Kitchen Accessories
Crafts & Decorators
$ 25.00
50.00
40.00
. 26,00
18.00
24.00
20.00
16,00
I.
PAG::: ),
OHaNG ROOt.j
7 Pc dinin~ aoom Suite, Lane (5 Chair~)
O'i:'y Sink, O,~k
China, Service 12
plant IhlOger
Mise Glass/China
Accessories & 0ecorators
S ~65.00
55.110
23,00
;;.110
32. lJil
25.00
ill\C!( ROON
~
Cage, Dog, uamaged
l~ord processor
2 Drw File Cabinet
'i'able, Dropleaf, f.laple
CClge, Pet
D~sk, LaJies, Oak, Plywood back
Radio, 800,,1 box
Mise Storage Items
5,00
25.00
18.110
15.00
30.00
115.00
5.00
40.0il
!
.
.
:
LIVING ROON
2 Cushiol1 Sofa
Sewing Machine, Electric
3 Pes Entertainment ~a~inet
Zenith Color '1' V
VCR
Stereo System
Recorus, Tapas, Cussctts
Doll Cradle
Rocker, Oak, Nlndsor Style
(2) Stand:;, Lamp, Ouk Idglass
(2) Table Lights
Chair, UJholotered, Gold
Piano, S?inet, Fulton
'l"fX <':omputer
Computer De3k
Books
Accessories, Decorators, Crafts
1<0 Value
10,00
115,00
110.00
35,00
45.00
15.00
5,00
15,00
20,00
16,00
10.00
350,00
190,00
(is.00
20.00
75.00
. .
PAGE 3
.BEDROOM !1l
Bunk Beds
800kcase
Chest Drawers, 5 Drw
(2) Desks, Formica
Chest Drawers 2 over 3
$ 55.00
15.00
20.00
40.00
25.00
BEDROON N2
Naple Ded
Box Mattress
Chest/Desk Combo, Oak
Dresser, Oak, Base Only
Vac, Hoover, Cannister
Desk, formica
Misc
10.00
No Value
65.00
75.00
15.00
20.00
28.00
BEDROOM 113
4 Pcs Bedroom Suite, Cherry, Jamestown
Box springs & Mattress
2 Shelf Stand, Mahogany
Stand, Marble top
525 . 00
No Value
12.00
10.00
Fan, 3 Speed
Chest, Cedar, Lane
T V, Curtis Mathis, Convertor Box
Table Lights
Crafts, Accessories, Decorators
4.00
65.00
15.00
12.00
36.00
KATHLEEN S. MARSH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 1662
vs.
: CIVIL ACTION - LAW
ROBERT J. MARSH,
Defendant IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Kathleen S. Marsh , Plaintiff
Robert L. O'Brien , Counsel for Plaintiff
Robert J. Marsh , Defendant
Thomas J. Williams , Counsel for Defendant
J
I
Date of Order and
Notice:
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
Hanover Street, Carlisle, Pennsylvania on the
of , 1996, at
a,m" at
North
day
which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case,
President Judge
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
C'_ CARLISLE, PA 17013
SN\lS':..~(~~~""'S.ti/,. TELEPI10NE (717) 249-3166
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Ittlncd: UlUoI9J 1I:5U4 AM
17101
KATHLEEN S. MARSH,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-1862 CIVIL
ROBERT J. MARSH,
Defendant/Respondent
IN DIVORCE
RESPONDENT'S ANSWER TO PETITIONER'S PETITION FOR
EXCLUSIVE POSSESSION
AND NOW, comes Respondent, Robert J. Marsh, by and through his attomeys, MARTSON,
DEARDORFF, WILLIAMS & OTTO, and avers as follows in response to Petitioner's Petition for
Exclusive Possession:
1-2. Admitted.
3. Denied as stated. Aller a couple of years of marital discord arising out of Petitioner's
infatuation with another man, the parties agreed to separate. Petitioner convinced Respondent that
it would be better for the children if he left since he had recently bought a half interest in a new
business, Fox's Pizza, and was spending a lot of time getting it off the ground. As part of the
separation, Petitioner and Respondent agreed that they would have a 50/50 division of the marital
assets and a quick divorce to be handled by Petitioner's lawyer. Respondent then moved in with his
parents, Robert and Glenda Marsh, 46 Old Towne Road, Gardners. When Respondent moved in
with his parents, he was 36 years of age, having been bom March 23, 1961. The balance of the
avennent is admitted.
,.
4. Denied as stated. On November 21,1997, Respondent moved back into hi.s home,
a home that is jointly owned with Petitioner. The balance of the avennent is admitted.
5. Denied. The children have not adjusted well to the seperation and, particularly
Respondent's absense which they don't really understand; moreover, the relationship between
Respondent and his children has suffered greatly as a result of the separation in general, and
particularly the fact that Respondent has been living with his parents where there was nothing for
the children.
6. Denied. On the contrary, Respondent believes it is much better for the children to
have him living at home. He sees them every day. He is able to put them on the school bus in the
i
.
morning after Petitioner leavcs for work, instead of delivering them to a babysitter as had been the
case. Moreover, there is a finished room in the basemcnt with a bathroom and shower that is
available for the use of Respondent as soon as the sump pump is fixed, so that he and Petitioner can
each have their private arca of the house in which to live.
7. Denied as slated. Respondcnt and Petitioner both make about the same income.
While it is admitted that Respondent could probably pay for an inexpensive apartment, it is denied
that it is fair and just for him to have to do so. Additionally, the houschold contents have not been
divided and Respondent wold be unable to fumish an apartment.
8. Denied as stated. Respondent is not suggesting that the children move from the
marital home.
9. Denied as stated. While it is admitted that there have been one or two arguments
between Petitioner and Respondent since he moved back home, it is denied that these were initiated
by Respondent. On the contrary, any argument between the parties was initiated by Petitioner.
Respondent has done his best to stay out of her way and particularly avoid any disagreement in front
of the children.
NEW MATTER
10. When Petitioner and Respondent separated in April of this year, there was an
agreement in principal that the marital property would be divided quickly and evenly; however, after
months of negotiations, it has been apparent to Respondent that was not going to be the case, and
it now appears that divorce litigation is likely to continue for many more months.
11. Following the parties' separation in April, Respondent consulted a realtor at ReMnx
to look for a place that he could buy and where he could set up housekeeping that would be
conducive to having the children over on a regular basis; however, this has proven to be impossible
pending a resolution of the divorce issues.
12. Respondent has felt uncomfortable living with his parents. He has felt like he is
imposing on them and it has been emotionally draining for him. It has also made the relationship
with the children difficult.
.. .--.--.--." .-....--
'.
13. Respondent could not maintain a close relationship with the children in whatever
apartment he could rent. Additionally, Respondent believes it would be an unnecessary expense to
maintain an apartment. He is willing to share the expenses of the marital home with Petitioner, and
has repeatedly offered to do so. Financially, Respondent has contributed generously to Petitioner
since their separation in April, and continues to do so.
14. Respondent believes that his relationship with his children has greatly improved since
he moved back to the marital home. He is a partner in a pizza shop and now has flexibility as to his
hours. He can be at home for the children in the morning, after Petitioner leaves for work, and get
them off to school. In the past, the children had to get up at 5:30 a.m. and were taken to a babysitter
to get them off to school. Respondent has also been able to usually be there for the children at night
as Petitioner frequently goes out at night.
15. When Respondent left the marital home in April, it was because he was convinced
it was the best thing for the children, given the parties' history of discord. In the interim, after
months of counseling, Respondent now believes that was a mistake, and it is better for the children
for him to be there, at home, with them.
16. Respondent does not want a divorce. It is Petitioner who has initiated these divorce
proceedings. Respondent believes it is unfair, unjust and unequitable for he and his children to
suffer the consequences of Petitioner's infatuation with another man, especially where he is ready
and willing to peacefully cohabit the same marital home during the pendency of the divorce
litigation, respecting Petitioner's right to privacy.
WHEREFORE, Respondent prays Your Honorable Court to deny Petitioner's Petition for
Exclusive Possession of the marital home, or, aItematively, to grant each party exclusive possession
of a portion of the marital home.
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Dated: December t', 1998
MARTSON, DEARDORFF, WILLIAMS & OTTO
By :f~Z?:.1!---
Ten East High Street
Carlisle, PA 17013
(717) 243-3311
Attorneys for Respondent Robert J. Marsh
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Respectfully submitted,
THUS CO?Y FF\OM RECORD
10 TIl:Jlimony \vl:I;r~"f. I :1f;i'C l:n!1l srn my hand
and tho s~ of ZiUU Co~31 Car~tilc, I'a..
This /& day 01 ~.... 19 ?J)
. ~k~ k. A~. 90;
Prothonotary
-."... ......
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VERIFrCA TION
The foregoing Respondent's Answer to Petitioner's Petition for Exclusive Possession is
based upon information which has been gathered by my counsel in the preparation of the lawsuit.
The language of the document is that of counsel and not my own. 1 have rend the document and 10
the extent that it is based upon information which I have given to my counsel, it is true and correct
to the best of my knowledge, information and belief. To the extent that the content of the document
is that of counsel, I have relied upon counsel in making this verification,
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if 1 make knowingly false
averments, r may be subject to criminal penalties.
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Martson, Deardorff, Williams & Otto, hereby
certify that a copy of the foregoing Respondent's Answer to Petitioner's Petition for Exclusive
Possession was served via facsimile this date as follows:
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Robert L. O'Brien, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, P A 17013
(facsimile 249-5755)
MARTSON, DEARDORFF, WILLIAMS & OTTO
e#ifJA. D. ~
Tricia D. Eckenroad
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: I z)/v/n
F.}llU'OATAflt.E.(jfNlXX;ll.J72(}.PIIM l'llk
CrtalN: 0''0':''111 ;lIU16 AM
. RnlK\J; O}.IM.~IIO,""'l AM
I1l01
KATHLEEN S. MARSH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY , PENNSYLVANIA
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NO. 97-1862 CIVIL
ROBERT J. MARSH,
Defendant
IN DIVORCE
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DEFENDANT'S PRE-HEARING MEMORANDUM
AND NOW COMES Defendant, Robert J. Marsh, by and through his attorneys,
MARTSON, DEARDORFF, WILLIAMS & OTTO and files his Pre-Trial Statement under
Pennsylvania Rules of Civil Procedure 1920.33(b), as follows:
I. The principal marital assets of the parties is the marital residence located at 11
South Ridge Road, Boiling Springs, Cumberland County, PA 17007, and the household contents
thereof.
2. Husband intends to call at trial an expert witness to testify as to the value of the
marital residence and the household content, the accountant for his pizza business, Susan Stott,
and his partner, Daniel F. Parsun, Jr.
3. Husband docs not anticipate that any fact witnesses other than the parties will be
necessary .
4. Husband intends to offer into evidence the following: the mortgage; the appmisal of
the marital residence, and an itemization and appraisal of personal property; financial data relating
to his pizza business and tax returns.
5. Husband is employed full-time at Fox's Pizza. He earned approximately $38,000.00
in 1997, but expects to earn less in 1998.
6. An expense statement is attached hereto.
7. Both parties have pensions from prior employment, and it is anticipated that the
pensions are approximately equal and should offset.
8. There is no claim for counsel fees.
9. The parties have not reached an agreement regarding the household contents.
There is also the issue of a 6 Ih foot boa constrictor that used to belong to Defendant's brother,
and that he wants for sentimental reasons. Plaintiff has apparently also fonned an emotional
attachment to the snake as a pet and also wants it.
10. Marital debt of the parties include the mortgage loan on the marital real property
at II South Ridge Road, Boiling Springs, Cumberland County, PA 17007. It is estimated that the
mortgage is approximately $35,000.00. Defendant has had the marital residence appraised for
approximately $100,000.00. A copy of said appraisal is attached hereto.
11. Defendant proposes that the marital residence be sold and divided equally between
the parties. The personal property should likewise be equally divided.
Respectfully submitted,
MARTSON, DEARDORFF, WILLIAMS & OTTO
Dated: 1ft Iqg--
By l~p,. 7_IJvJL"---L
Thomas J. Williams, Esquire
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Defendant Robert J. Marsh
CERTIFICATE OF SERVICE
I, Tricia D. Eckenroad, an authorized agent for Mnrtson, Deardorff, Williams & OliO, hereby
certify that a copy of the foregoing Defendant's Pre-Hearing Memorandum was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Robert L. O'Brien, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, PA 17013
MARTSON, DEARDORFF, WILLIAMS & OTTO
(j!;,:;{y {),~
n ia D. Eckenroad
en East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: March 6, 1998
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APPRAISAL REPORT
11 SOUTH RIDGE ROAD
BOILING SPRINGS, PENNSYLVANIA 17007
APPltAI5Al CERTIFICATE
I lIIll a lIC811llll1l Rill! Ealala Br!lkAr NIl. RB-0443B:;Z-A and a L1C811s:ad Br!lkAr/AppralAAr NIl-
BA-OOStS3-I, lleen5ed by thD Commonwealth of Penn~lvanle. I have ectlvely been engogod In
the reol estate busIness In the central Pennsylvania area for the pest eighteen years. I am
thoroughly femntar with reel rotato valuoo In thlo araa.
I hereby certify that I haVe no financIal Interest, present or contemplated, In this property, end
that neither the employment to make thIs opInion of value nor the compensation therefrom Is
COilttngent upon the value reported.
Sincerely:
~I!'LL
Barry A. LouOOn
Broker. Appraiser
I hereby cartlfy thot upon application for veluation by:
Robert J. Mersh
In compliance with your request, I have completed en Merket Data Opinion of Velue of:
ell thot eerleln treet of land with improvements thereon situete in the vl11lllJll of
Bollfng Sprlnos, South Mi!klleton Township, Cumberland County. Pennsylvanle
commonly referred to as tl South Rllt,Jc Road and being recorded in the
Cumberland County Tex Assessment Office as parcel #40-29-2482-084 end
recorded In the Cumberland County Recorrer of Deeds Offtce1n Book 32M, P&Jl
642.
The value shown below has been errlved at after stU<tt of the location, type of Improvements, thetr
present physlcol condition and their present use. Therefore, I bellave this to reflect e true
meesure of the present-day M8I'ket Value as of November 19th, 1997.
ONE HUNDRED THOUSAND DOLLARS
S I 00,000,00
A
PURPOSE OF THE APPRAISAL
The purpose of this appral9111Is to estimate the Fair Marlcet Value of the subject property lIS of
November 19th, 1997.
Market Value, lIS OOfined by the courts, Is the hIghest prIce estImated tn terms of money which a
property will brlno If exposed for sale In the open market, allowing a r88SOll8ble time finding a
purcheser who buys with knowJ$ of all the uses to which It Is edepted llnd for which It ts
cep8ble of being used.
Frequently, It Is referred to lIS the price at which a willing seller would 91111 and a willing buyer
would buy. neither being unOOr abnormal pressure.
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HI8HEST AND BEST USE
Highest 8Ild Best Use Is Olflned by the Appralsel Termlnolow and Handbook, published by the
Amerlcen Instttute of Reel Estate Appraisers, as "Ihe most prof\lable likely use 10 which a
property cen be put". The opinion of such use may be based on the highest and most proflteble
cootlnuou:s USll to which the property Is lIlapted end needed, or likely 10 be In ~lllld, tn the
reosonab Ie near future.
However, elements affecting value that oopend upon events or a combination of occurrences which,
while wllhln the realm of possIbility, are nol fatrly shown 10 be reasonably probable, should be
excluded from conslooratlon. Also, If the Intended use Is oopenoont on an uncertain act of another
person. the Intention cennot be conslOOred.
Based on the above OOflnlUon end after seeIng the slle, nelghborhlXXl, and area, It Is my opinion
thel the present use of the subject Is Its HIQhest end Best Use.
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IMPROVEMENTS
The subject properly WllS Improved In 1966 with a Rench style home sltuete on 0.38 lUes. The
exterior of the building Is brtcl:. The building contaIns a total gross livIng ll/'lllI of 1,144 square
feel The building Is constructed on a concrete blook foundation. The first Ooor Includes a kitchen
with wood cabinets, refrilJlratJr and ralVl. There is a dining area off of the kllchen. There Is
llvlng room. fcml1y room, three bedrooms end a bathroom. In the full pll/'tlal1y flnts~ basement
there Is a 3/4 bathroom, recreation room, laundry room end slorege ll/'ees. Celltngs In the first
floor ere Insulatoo. The gable style roof Is surfoced with asphalt shingle end exterIor OOors ere
meloland wood and there are storm sashes on all wlnmws. Interior walls and ceilings are of plaster
board, flooring Is wood, ceramic tile and Vinyl In the In the bathroom end kitchen. Interior trim ts
of wood. The gutters and dlwn spouts ore elum Inum.
Heelfng Is provIded by en 011 forcal hot elr system. Plumbing is copper Public ut1Iltles at the site
Include electricity end te1ephOll8. The hou~ Is servIced by a publlc water and sewer system.
I nsulatlon , workman ship end Interior IIxtures ere llYerllgll In Quel1ty. All other lmprovaments ere
In felr conditIon on the Interior end exterIor and all mechenice1 systems ere llSSumed 10 be ailquete
and In fair operellng condlllon.
'^LU^TION
In the vlllulltlon prooess, this IlPprlllser consfdered the llppllClltlon of the Market DetB Appr~.
THE MARKET DATA APPROACH
In llrrlvlng et this conclusion of the valua of the subject proparty I your appraiser mIDI a survey of
propertlas thllt hcve been sold wllhln the general llr811. As It was Impossible to find llI1 ldentlCllI
property to that of the subject, since no two bul1dfnos are ever ldentlClll, 11 was necessary to make
adjustments on each comparable sale as related to the subject properly. Conslderatlon was given
and adjustments were mIDI on each comparable sale as to time of sale, size, location, and utlllly, as
well as all other fectors that might llffect value. After making all of the necessary adjustments, as
explained, tt Is your appraiser's considered opinion that the Fair Market Value of the subject
properly by the Market Deta Appr~ Is:
AS OF NOVEMBER 19, 1997
ONE HUNDRED THOUSAND DOLLARS
$100,000,00
A resume of some of the sales considered by the appraiser Is as follows:
SUBJECT PROPERTY
Location: 11 S. Rllbl Rom, Bol11na Sprinas. Pa
Date of
Inspection: 11/ 19/97
COMPARABLES
Comp. #1:
Locelfon: 829 Forge Rom, Boiling Springs, Pa
Dale of Sale: 4/30/97
Sale Price: $100,000
Description: brick end aluminum ranch style dwelling, 1,452 square feet, on heat, Hvlng
room. kitchen. dlnlna room, 3 bedrooms, 2 bathrooms, rocreatlon room In basement, 1 car
attached garage, bunt In 1970
Comp. #2:
Locetlon: 570 Boxwood Lane, Bol11na Springs, Pa.
Date of Sahr. t 0/21/96
Sale Price; $96,000
DescrIption: brick end aluminum ranch style dwalllna. 1292 squara feet, electric heat, 11V1ng
room, kitchen, dining room, 3 bedrooms, 2 bathrooms, unffnlshed basement, 2 car atleched
garage, bulllln 1977
Comp. #3:
Location: 14 Cardinal Drive, B011lng Springs, Pe.
Dale of Sale: 7/31/97
SalePrlce; $105,000
Description: brick ranch style dwelling, 1161 square feet, electric heet, Hvlng room,
kitchen, dining room, 3 bedrooms, 1 bathroom. rocrealfon room In basement, 1 car carport,
bum In 1975
Comp. #4:
Locetlon: 305 Reyman Avenue. Bol11ng Springs, Pa
Dale of Sale: 10/28/96
Sale Price; $t 04,300
Descrlplfon: brick and e1umlnum ranch style dwe11lng, l,tt8 square feat, coal heet. Hvlng
room, kllchen, dining room, 3 bedrooms, 1 bathrooms, rocrealfon room In basement, 1 car
ettached gerage, bum In 1977
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CERTIFI~T10N AND STATEMENT OF L1MITINO CONDITIONS
CERTIFICATION
The appraIser certifies end agrees that:
I. The appraiser has no present or contemplated futura interest In tha property appraised; end
neither the employment to make the appraisal, nor the compensation for f1, Is contingent upon the
appraised valua of the property.
2. The Appraiser has no personal interest in or bias with respect 10 tha subject metier of the
appraisal report or the partiCipants to theIr sala. The "EsUmate of Market Value" In the appraisal
report is not based on whole or In part upon the race, color, or national origin If the prospective
owners or occupants of the property apprelsed, or upon the race, color or naUonal origin of the
present owners or occupants of the properUes In the vicInity of the property appralsOO.
3. The Appraiser hes not personally Inspected the property, both Inside end out, end has not mlOl
an exterior Inspection of all comparable sales listed In the report. To the best of the Appraiser's
knowledge and belief, ell stetements and InformeUon this report are true end correct, and the
appraiser has not knowingly wflhheld any slgnlflcentlnformaUon.
4. All conUn!Jlnt and IImfling conditions ere contelned herein imposed by the terms of the
assignment or by the undersIgned affecting the 8Illllysls, opinions, and conclusions contained In the
eppraisal report.
5. Thts appraIsal report has been mlOltn conformity wflh and is subject 10 the requirements of
the Code of Professional Ethics and Standards of Professional Conduct of the appraisal organlZ8tlcm
with which the Appraiser Is affiliated.
6. All conclusions and opinions concerning the real estate thai are set forth tn the appraisal report
were prepared by the Appraiser whose sIgnature appears on the reptrt, unless Indlarted es "Review
Appraiser." No chan!Jl of any f1em In the appraisal report shall ba mlOl by enyone other then the
Appraiser, and the AppraIser shall heve no responsIbility for any such uneuthorlZlld change.
APPRAiSAl QUALIFICATIONS
Approlser
BARRY A. LOUDON
licensed Reol Estale Ilroker No. RB-044382-A, COmmonweolth of Pennsylvania
licensed Ilroker/1.ppralser No. BA-005153-L, COmmonwealth of Pen"'Ylvanla.
Actively llfllIlllJl(l In the real estate business for t8 years and thoroughly familiar with rool estate
valllllS In 1/>8 Central Pennsylvania area.
Ilachelor of Science In lluslnessAdmlnlstration, Reol Estate major, Shlppensburg University.
Certlftoo by the Commonwealth of Pennsylvania with Full Approval as en ~oolted Real Estete
Instructor for, Real Estate Appral5111, Real Estate PrllCtlce, and Principles of Real Estate.
EmplC1y'lld by Harrisburg Aroo COmmunity COllege as a Lecturer, Instructing eccrooited courses tn
Real Estete1.ppraf511I, Reol Estate Henegement, end Principles of Real Estale.
EmplC1y'lld by The Inst1lute of Rool Estate Studies es e lecturer, Instructing eccredlted courses tn
Real Estele PrllCtlce end Principles of Reol Estete.
SUccessfully completed the So::lely of Real Estate Appreisers Course to I, required llS a cendldille
for the Senior ReslOOntfal Appraiser. (SRA). deslgnatfon.
SUccessfully completed Shlppensburg University's Real Estate Appralselllnd Investment AnlIlysl:s.
Retained as en expert witness In Cumberland COunty COurt of COmmon Pleas.
REFERENCES
Available on request
hU:lI~ mI ExpetUC Srall:mt:nt
PACSES Case Number
(Fill in APllmpriatc Column)
EXPENSES
(OOllnucd) WEEK MONTH YEAR
War:r S S S
SeWC'l'
Employment
Public TraJlS\lURaliun S $ $
luUl:h
TlW5
Ro:al Eswe S $ $675.00
Per.;unal Pmpeny
~ Occ. priv Ann nn
Insurance
HlImeuwnc:r.; $ $ $171; .on
AUUlRlllhile A7C; nn
We
ACl.il!CIll
Ht::Ildl
OM
Aldomoblle
Paymems $ $ $
Fuel c::n nn
Repair.! 100.00
Medical
OClI:lOf $ $ 1O.no $
DemisI
OnbodoRlisl
Page 3 uf6
Form 1N-008
Worker 10 21201
Service Type M
Ifll:UnlC and Expense Slalenu:m
PACSES Case Number
!
,
(Fill in Appmpriatc Culumn)
EXPENSES
(continued) WEEK MONTH YEAR
HI~~pilai
Mcdi~inc
. Spa:ial,1Cl:IIs (gllSSC:l.
hra~c:s, unbupcdi~
dcvi~c:s)
Education
Privale S~hIXII S S $
Parochial SdllX11
Cullege
Rcligiuus
pmonal
Clotbing $ $50.00 $
FIXxl .,en nn
Barl>er'Hairdrcsser .,n nn
Credit Payments:
Crctlit CanI
Olarge AC~llunt
Memberships
Loans
Credit Uniun $ $ $
BusinoQQ I.,.,,, nn
Miscellaneous .
HUu:;cllUhl Hdp $ $ S
Otitd Can:
Papcrs'BuukslMagazinc
Elllcnainmem
Pay TV . .
Vacation .. ..,.
,i'
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Page 4 Ill' 6
Form 1N-008
Worker ID i120i
Service Type M
IncllnlC aud ExpellSC: Sl.al~menr PACSES Case Number
OTHER (Fill in Appropriate Columo)
INCOME
WEEK MONTH YEAR
Inren:st $ $ $
Diyidends
Pensilln
Al1JIUiry
Social SCl:uriIY
RenlS
Royalties
Expt:ll'lC Accuunt
GiflS
U l1l:R1pluynlClIl
CORlpt:IL'Wioll
Workmen's
CURlpt:IL",tion
IRS Refund
Olller
Olher
TOTAL $ $ $
TOTAL INCOME $
(Fill in Appropriate Column)
EXPENSES WEEK
MONTH YEAR
Home
Mongage/Relll S $ 5 0 $
MaintelWx:e 70.00
Utilities
Elcclric 100.00
Gas
Oil
Telephone 25.00
PaRe 2 of 6 Funn IN.ooR
Incumc awl Expensc Statement
PACSES Case Number
EXPENSES
(continued)
(Fill in Appropriatc ColWIW)
MONTH
YEAR
WEEK
Gifts
Legal Fec:s
Charitahle ClIntrihutillllS
Other Child SUllllnn
Alillll1ny Payments
Other
$
$
$
TOTAL EXPENSES $ $ $
PROPERTY Ownership *
OWNED DESCRlPfION VALUE
H W J
Cht:Ckillg ACCllullts Financial Trust $142.03 X
Savings Accllunts Financial Trust
Gf~it"g Conerstone FCU 152.86 x
~ Conerstone FCU 8 672.37 x
Rt:al Estatc
Othc:r
TOTAL S
Conn&e *
tNSURANCE
COMPANY
POLICY'
H W C
HlI'l'ital
Bluc Cmss
Odler
Medical
Blue Shield
Odu,r
* H - Hushand W - Wife C - Cumhim:d J - Juinl
PageS IIf 6
Fonn IN-008
Worlccr 1D 21:lDl
Servicc Type M
I 1111'1111\'''1111 ("~[.lCI('H.I:II1\"I\o.lf
(.'f~tN ll,u1'H\I !I'lIWll\"
IIUlonl I1lh"'11 '1 HA't
.1':111
KA TIILEEN S. MARSII,
Plainlil1ll'clitioncr
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-IH62 CIVIL
ROBERT J. MARSII,
Dcfcndant/Rcspondcnt
IN DIVORCE
RESPONDENT'S ANS\Vlm TO I'ETITIONEIt'S I'ET('('ION n)J{
EXCI.USIVE I'OSSESSION
AND NOW, comcs Itcspondcnt, Rohcrt J. Marsh, hy and through his allol11cys, MARTSON,
DEARDORFF. WILLIAMS & GTIU. and avcrs as tilllows in rcsponsc toPctitioncr's PClilion Ihr
Exclusivc Posscssion:
1-2. Admittcd.
3. Dcnicd as statcd. Allcr a couplc ofycars of marital discord arising out of PClitioncr's
infatuation with anothcr man, thc partics agrccd to scparulc. Pctitioncr convinccd Rcspondcnt that
it would bc bcllcr Illr thc childrcn if hc Icn sincc hc had rcccnlly houghl a hall' intcrcst in a ncw
busincss, Fox's Pina, and was spcndiag a 10101' timc gctting it off thc ground. As part of the
scparation, PClitioncr and Rcspondcnt agrccd Ihatlhcy would have a SO/50 division of the marital
assels and a quick divorce to be handlcd by Pctitioacr's lawycr. Rcspundcnt thcn movcd in with his
parcnts, Robert and G1cnda Marsh, 46 Old Townc Rond. Oardncrs. Whcn Rcspondcnt movcd in
with his pnrents. he was 36 ycars of agc, having hcca horn March 2:\, 1lJ61. The balance of the
avenncnt is admittcd.
4. Dcnicd as statcd. On Novcmhcr 21. 1997. Rcspoadcntmovcd back into W home,
a homc that is jointly owncd with Pctitioncr. Thc halnncc ofthc avcrmcnt is admittcd.
5. Dcnicd. Thc childrcn havc not adjustcd wcll to thc scpcrution and, particularly
Rcspondcnt's abscnse which thcy don'l rcally undcrstand; morcovcr, the relationship between
Respondenl and his childrcn has suflercd grcatly as a rcsult of the separation in general, and
particularly thc filct that Rcspondcnt has hccnliving with his parcnls whcrc there was nothing for.
thc childrcn.
6. Dcnicd. On thc contrary, Rcspondcnt hclicl'cs it is much better for the children to
havc him living at homc. IIc sccs them cvcry day. Ilc is ahle to putlhcm on thc school bus in the
I
morning after Petitioner leaves for work, instead of delivering them to a babysitter as had been the
case. Moreover, there is a finished room in the basement with a bathroom and shower that is
available for the use of Respondent as soon as the sump pump is fixed, so that he and Petitioner can
each have their private area of the house in which to live.
7. Denied as stated. Respondcnt and Petitioner both make about the same income.
While it is admitted that Respondent could probably pay for an inexpcnsive apartment, it is denied
that it is fair and just for him to have to do so. Additionally, the household contents have not been
divided and Respondent wold bc unablc to furnish an apartment.
8. Denied as stated. Respondent is not suggesting that the children move from the
marital home.
9. Denied as stated. While it is admitted that thcrc have been one or two arguments
between Petitioncr and Respondent since he movcd back home, it is denied that these were initiated
by Respondent. On the contrary, any argument between the parties was initiated by Petitioner.
Respondent has done his best to stay out of her way and particularly avoid any disagreement in front
of the children.
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NEW MATTER
10. When Petitioner and Respondent separated in April of this year, there was an
agreement in principal that the marital property would be divided quickly and evenly; however, after
months of ncgotiations, it has been apparent to Respondent that was not going to be the case, and
it now appears that divorce litigation is likcly to continuc for many more months.
11. Following the parties' separation in April, Respondent consulted a realtor at ReMnx
to look for a place that he could buy and where he could set up housekeeping that would be
conducive to having thc children over on a regular basis; however, this has proven to be impossible
pending a resolution of the divorce issues.
12. Respondent has felt uncomfortable living with his parents. He has felt like he is
imposing on them and it has becn emotionally draining for him. It has also made the relationship
with the children difficult.
13. Rcspondcnt could not maintain a closc rclationship with thc childrcn in whatcvcr
apartmcnt he could rcnt. Additionally, Rcspondcnt hclicvcs it would hc anunncccssary cxpcnsc to
maintain an apartmcnt. He is willing to sharc thc cxpcnscs ofthc marital homc wilh Pctitioncr, and
has rcpeatcdly ofTcrcd to do so. Financially, Rcspondcnt has conlrihulcd gcncrously to Pctitioncr
since thcir separation in April, and continucs to do so.
14. Rcspondcnt belicvcs that his rclationship wilh his childrcn has grcatly improvcd sincc
he movcd back to the marital homc. Ilc is a partncr in a pizza sholl and now has I1cxihility as to his
hours. He can be at homc for thc childrcn in thc morning, ancr Pctitioncr Icavcs Ihr work, and get
them off to school. In the past, thc childrcn hllllto gctupat S:JlJ a.m. and wcrc takcn to a babysitter
to get them off to school. Rcspondcnt has also hccnahlc to usually hc thcrc Ihr thc childrcn at night
as Petitioner frequently gocs out at night.
15. When Rcspondcnt Icn thc marital homc in April, it was hccausc hc was convinced
it was the bcst thing for thc childrcn, givcn thc partics' history of discord. In thc interim, after
months of counseling, Rcspondcnt now hclicvcs that was amistakc, and it is hcttcr Ihr the children
for him to be thcre, at homc, with thcm.
16. Respondent docs not want a divorcc. It is PClitioncr who has initiatcd these divorce
proceedings. Respondent bclicvcs it is unlhir, unjust and uncquitahlc for hc and his children to
suffer the conscquenccs of Pctitioncr's inlhtuation with anothcr man, cspccially whcre hc is ready
and wi1ling to pcaccfully cohahit thc slllnc marital homc during thc pcndcncy of the divorce
litigation, respecting Pctitioncr's rillhtlo privacy.
WHEREFORE, Rcspondcnt prays Your Ilonorahlc Court to dcny Petitioner's Petition for
Exclusive Possession of the marital homc, or, altcnlativcly, tognmt cach party exclusive possession
of a portion of the marital homc.
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Itcspcctfully suhmittcd,
Datcd: Dcccmhcr ,', IlJlJK
MAIrI'SON, DEARDORFF, WILLIAMS & OTTO
IIYltm~tt1--
Tcn East High Street
Carlislc, PA 17013
(717) 243-3341
Attonlcys for Respondent Robert J. Marsh
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VERI FICA TION
The foregoing Respondent's Answer to Petitioncr's Petition for Exclusive Possession is
based upon infonnation which has been gathered by my counsel in the preparation of the lawsuit.
The language of the document is that of counsel and not my own. I have read the documcnt and to
the extent that it is based upon infonnation which 1 have given to my counsel, it is true and correct
to the best of my knowledge, infonnation and belief. To the extcnt that the content of the document
is that of counsel, 1 havc relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if 1 make knowingly false
avennents, 1 may be subject to criminal pcnalties.
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KATHLEEN S. MARSH, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
ROBERT J. MARSH, : NO. 97-1862 CIVIL ACTION
Defendant : IN DIVORCE
PETITION FOR
SPECIAL RELIEF
1) Petitioner, Kathleen S. Marsh, Plaintiff in the above-captioned action, is
an adult individual, currenlly residing at11 South Ridge Road, Boiling Springs,
Cumberland County, Pennsylvania, 17007.
2) Respondent, Robert J. Marsh, Defendant in the above-captioned action,
is an adult individual, currenlly residing at11 South Ridge Road, Boiling Springs,
Cumberland County, Pennsylvania, 17007.
3) On or about AprilS, 1997, Respondentleflthe parties' home.
Subsequent to that time, Petitioner and her three children remained in the residence.
The children's names are Danielle and Alicia, twins, age 8 years, born 12/20/88 and
Aaron, age 6 years, born 10/21/91.
4) On November 21, 1997, Respondent moved back into Petitioner's home.
Petitioner did not request that Respondent return and, in fact, does not want him to
remain in the home.
5) Petitioner believes that the children had adjusted well over the past
several months to the fact that the parties were separated and were going to be
divorced.
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Pt.AlNTIFPS
EXHIBIT
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"'.'i'i.HL:.r:o c.Olltln'I'~
'98 OCT 1 Pl'l Y 05
ISpatlAbo" Thl. Unl '0' R.COldlntCIII!
MORTGAGE
~JIIS MORTGAGE (':Se"i'h~~II~~m~nl~'r~ 8!VC~o'l'l/$:'~H~~~;~~ii..oancf '.nd' 'ilUe;"ANtl'Uob'ect"J'," Marilh' .
19 ...... . The morlg'80r IS ....... ...........Y.. .............. .........Y......... .......... ..................... ................. ..........
.......... ...... ............. ............... ("Uorrower". This Security Instrument is given to ... ............ .............................
. ....... .'the..Farn>era .Natlanal..Baok. of..Ne.".~llle/..PA"'''''''''''''''''''''o;;'''bi whJeh 1 org~nlled nnd existing under
the laws or . .......r.'Hln~1~.Y~.!~.~... 72' T .......... ....... I and whose address is .... .~.....~... .~~..~...~~~~~~... .... ........,.
... .tl~l!YA~.~~!..g~.ry~.~y,~y.ai~" ~.. J.. .~....... ...... "'J ."".... ......... .......... ("Lender". Dorrower owes Lender Ihe principal
lum of .. Rr!~. .~~n\l.\"~.<!. .'\'t>.. ,,;y,. ?-:~~~~~!l~. .~M. .~.~!.~~=.-::-:::-::::-::::-:::-:::-:::-:::-.-::-.:=.-::-.::-.-::::::-::::-:::::7..... 001101"
(U,S. S . .~~91R<?Q:RC? ). This debt is evidenced by BDrrDwer's nDle dated the SlIme dllle as this Security Inslrument ("Nule"), whidl
provides for monlhly p'yments, with Ihe full debl, if nol paid earlier, due and puy,ble on .... ..o.<;~QR~r..~, ..~R?;l........ ........ .
This Security Instrument secures (0 lender: (a) the repayment orlhe debt evidenced by the NDle, with interest, and 011 renewnls, extension~
and modificlltions orthe NOle; (b) the pllymcnt ur all olher sums, with interest, advanced under parllgraph 710 protect the security or Ihis
Security Inslrument;ond (c) the performance of Oorrower's covenants and agreements under this Security Inslrument and Ihe NOle. rur
this purpose, Dorrower docs hereby mortgllge, grant and convey 10 lender l::t fol~owias described property locAl cd in ................
................ ...... ......... ............... ... ............ .... ........ .... ..~!-! ...~.~. ~r:. .... ........... Counly, Pennsylvania:
See Attached Exhibit "A"
360 Old State Road, Gardnera
365 Old State Road/ Gardnera
which hos the nddrcss or ......~~~.R-1<.(9.t:9..~.~.q'..~F.qn~r.~............................... ,......................................
ISlteetl IClI,J
Pennsylvania.................} ?~~.~ ("ProperlY Addressj;
Il'pCod.1
.
TOGETHER WITII 011 the improvements now or herearlercrecled on the property, nnd 011 casements, appurtenances, und fixlures
now or hereafter a parl or the properlY. All replacements and additions shall also be covered by Ihis Securily Instrument. All of Ihe
foregoing is referred 10 in this Security InSlrumenl as Ihe "Property."
DORROWER COVENANTS Ihal Borrower isl,wfully seiled o'lhee,lale hereby conveyed and hoslhe righllo morlg'ge. granl and
convey the Property and thai the Property is unencumbered, except (or encumbrances o( record, Borrower warrunts and will defend
generally th~ title 10 Ihe Property againsl all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform convenants ror national use and non~uniform covenants wilh Iimiled
variations by juriSdiction 10 constitule II unirorm security instrument covering real propert)..
UNIFORM COVENANTS. Dorrower and Lender eoven,nl,nd agree os follows:
1. Paymenl or PrIncipII and Inlercslj Prellayment lnd Late Chareu. Borrower shull promptly pay when due the principal or and
inlereSl on the debt evidenced by the Note ond any prepayment and laic charges due under the Nole.
2, Jiul1ds forTlxcs andlnsurllnee. Subject to applicable law or to 0 written waiver by Lender, Dorrower shall pay 10 lender olllhe duy
monlhly poyments Dre due under the Note, untillhe NOle is paid in full, a sum ("funds" for: (u) yearly tuxes and assessments which may
altain priority over this Securily Instrument as b ;".1 on the PropertYi (b) yearly leasehold payments or ground rents on the Property, if
any; (c) yeorly hazard or property insurance premiums; (d) yearly nood insurance premiums, if onYi (e) yearly mOrlgnge insurance
premiums, ir any; and (I) uny sums payable by Dorrower to lender. in uccordance with the provisions or poragruph 8. in lieu of the
payment of mortgage insurance premiums. These items are called "Escrow Items. II Lender muy, at any lime, collecl and hold Funds in un
amount notlo exceed the maximum omnunl a lender for a federally related mortgage loan muy require for Uorrower's escrow nceoUIII
under the federal neal Estale Selllement Procedures Act or 1974 as amended (rom lime 10 time, 12 U.S.C. 0 2601 rl uq. ("llI!SPA ").
unless anolher JIIW thut applies to the Pundssets 0 lesser amounl.lf sO,lender may, 01 any lime, collect and hold Funds in un 1I1110unl nul
to exceed the lesser amount. lender mllY eSlimate the amount of Funds due on the basis of current dalu and reo sun able e~lill1ates uf
expenditures or fUlure Escrow Items ur olherwise in accordance with applicuble law.
The Funds shall be held in an instilUtioll whose deposits ore insured by a federul Dgcncy, inslrulI1cnlulily, orclIlily (inchuJillg 1.endcr.
if lender is such on instilUlion) or illllllY Fcderul Borne Loan !Jank. I.ender shall npply the Funds to PDY Ihe Escrow IlenlS. Lemler lIIay
nol charge norrower ror holding untl applying the Funds, anl1unlly analyzing the escrow accounl, or verifying Ihe Escrnw Itelll~. Ullli:ss
lender paysIJorrower inlercs! olllhc Funds Illld llpplicahle law permits I.ender to muke such lJ churge. lIuwcvcr. I.ender Illay rC1luirc
PENNSYLVANIA-Smile r.lmll,-hnnil UU/rlldd'l UIt UNIIORU INSTRUUENT rOfm 30)' 1"'01 111jJ,:,'/,~"J 1','~nJ
Bo~d48[j /AGE1053
Borrower In ray 1I olle-time char!:c rur an imJcpc:ndcnl real estale lax repolling service used tlY Lender in connection with this IUlIl1,unlclS
npplicnhlc law Ilrovidclothcrwisc. Unlelsan ISlcemcnl is made nrapplicable law rcqulrelInlcreal10 be "ald,l.cndcr.hall not he required
10 [lilY 1I0uo"'cI nil)' inlerest or clIrnings nn the Funds. norrower and Lender may neree in writing. however, that interest shllll he paid un
the Funds. Lcndcrihallgivc 10 lIarrower, without char&c, an annual8ccounting orlhe FumJs,showingcrccJils and debits lothe Funds and
the purpose rorwhich each debit lothe Funds was made, The Funds arc pledged asaddilionallccurity ror allsums secured by IhisScctlril)'
In'lllllncn!.
If Ihe Fund!! held hy I.clldcr cXl;ccd the Rmounts pcrmilled 10 be hcld hy "pplicllhlc IIIW, I.cndcr lIullI account to Borrower for the
excess Funds in nccordance with the requiremenll of applicable law. rr the amount of the Fundi held by I.ender lit any lime is not !urricient
10 1';1y the F~crow Itcms WhCll duc,l.cllIlC'r mny so IlUlify IInrrowcr ill writinG, nnd, ill!llch cn~c,lIl1rrowcrshllll puy to I.cndcr the IImnlll1t
Ilece~snry lCllllnke ulllhe deficiency. 1I0rrower shall make up the deficiency in no more Ihan twelve monthly paymenU,lIt Lender's sole
discrelion.
Upon paymenl in full of all SUntS secured by IhisSecurity Instrument, lender shall promplly refund 10 norrower IIny Funds held by
I.ender. If. under paragraph 21, lender shall acquire or selllhe Property, lender, prior to the acquisition or sale of the Prof1erly, shall
llPply any Funds held by Lender at Ihe time of acquisilion or sale as a credit against the sums secured by this Security Instrumenl.
J. Application of Pa)'ments. Unlellapplicable law provides otherwise, all payments received by Lender under paragraphl I and 2
shall be applied: fint, to any prepayment charges due under the Note; second, to amounU payable under paragraph 2; third,lo inleresl
due: fourlh, 10 principal due; and lasl, to lIny lale charges due under the NOle.
4. Ch.rctJj L1el1l. Dorrower shall poy alltDXes, cJlellmenll, charges. Cines and imposilions attributable to Ihe ProperlY which may
DUDin priority over Ihis Securily Instrumenl, and leasehold payments or ground rentl, if any. norrower shall pay thele obligalions in the
mnllner provided in paragraph 2, or Ifnot paid in thai manner, Dorrower Ihall pay them on time directly to the person owed payment.
norrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments
directly, narrower shall promplly furnish to Lender receipts evidencing the payments.
I1nrrower sllllll promptly discharge any lien which has priority over this Security Instrument unless Dorrower: (a) agrees in writing 10
the payment of the obligalion secured by the lien In a manner acceptable to Lender: (b) contests in good faith the lien by, or defends againsl
enforcemenl of the lien in, legal proceedings which in the lender's opinion operate to prevent the enforcement oflhe lien; or (c) secures
from Ihe holder of the lien an agreement salisfactory 10 Lender subordinating the lien to Ihis Security Instrument. If Lender determines
that any part of Ihe Property is subject to a lien which may auain priority over this Security Instrument. Lender may give Dorrower a
notice idenlifying the lien. Borrowcrshall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of
notice.
S,lIuard or Properly Insurancc. norrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire. halards included within the term "extended coveragenand any other hazards, includlngOoods or noDding, for which
I.ender requires insurance. This insurance shall be maintained In the amounts and for the periods thai Lender requires. The insurance
carrier providing Ihe insurance shall be chosen by norrower subject to Lender's approval which shall not be unreasonobly withheld. If
norrower fnils to mainlain coverage described above, lender may, at Lender's option, obtain coveroBe to protect lendcr's rights in the
I)rnpcrty in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to lender and shall include a uandard mortgaBe clause. lender shall have Ihe
right to hold the policies and renewals. If Lender requires, Dorrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. In the event of loss, Borrowershall give prompt notice to the insurance carrier and Lender. Lender may make proof oflolS
if nol made promptly by Borrower.
Unless Lender and Dorrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of Ihe Properly
damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoralion or repair is not
economically feasible or Lender's security would be lessened, the insurance proc:eds shall be applied to the sums secured by this Security
Instrumenl, whetheror nolthen due, with any excess paid to Borrower. UDorrower abandons the Property, or does not answer within 30
days a notice from Lender that the insurance carrier has oCfered 10 settle D claim, then lender may collect the insurance proceeds. lender
may use Ihe proceeds to repair or reslore the Property or to PDY sums secured by this Security Instrument, whether or not then due. The
.10-day period will hegin when the notice is given.
Unless lender and norrower otherwise agree in writing, any application oC proceeds to principal shall not extend or postpone t!ledue
dale of the monlhly payments referred to in paragraphs J and 2 or change the omount oCthe paymenll.lfunder paragraph 21the Properly
is acquired by Lender, Dorrower's right to any Insurance policies and proceeds resulting from damage 10 the Property prior to the
n':'lt,isilifln shall pass 10 lender (0 (he exlent of Ihe sums secured by dlis Security Instrument immediately prior to Ihe acquisition.
ti. Occupancy, Prrser"illltJn, r-hlntenance .nd Protection orlhe PropertYi Dorrower'. Loan Application; Leaseholds. Dorrowershall
occupy, establish. and use the Properly as Dorrower's principal residence within sixty days after the execution of this Security Instrument
and shall eonlinue to occupy the Property as Dorrower's principal residence for at least one year after the date of occupancy, unless lender
otherwise agrees in wriling, which consent shall not be unreasonably withheld. or unless extenuating circumstances ex in which arc beyond
Dorrower's conlrol. Dorrower shall not deslroy, damage or impair the Property. allow the Property to deteriorate, or commit waste on the
Property. norrower Ihall be in default if Bny forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith
judgmenl could result in forfeiture ohhe Property or otherwise materially impair the lien created by this Security Instrument or Lender's
security interest. narrower may cure such a default and reins talc, as provided In paragraph 18, by causing the action or proceeding to be
dismis~ed with a ruling thai, in Lender's good Caith determination, precludes forfeiture of the Borrower" interest in the Property or other
material impairment of the lien crealed by this Security Instrument or lender's security interest. Borrower shall also be in default if
norrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed (0
provide lender with any material informalion) in connection with lhe loan evidenced by the Note, including, but not limited to,
representalions concerning Dorrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,
norrower shall comply wilh alllhe provisions of the lease.lfnorrower acquires lee title to the Property. the leasehold and the Cee litle shall
not merge unless lender agrees to the merger In writing.
7. Prolectlon of Lender'. Rlelll.ln the Proper')'.lfOorrower fails to perform the covenant. and agreemenls contained in this Securily
Instrument, or Ihere is a legal proceedir.g that may signiCicantly affect Lender's rights in the Properly (Iuch as a proceeding in bankruptcy,
probale, for condemnation or forfeiture or 10 enforce laws or regulalions), then lender may do and pay Cor whatever is necessary 10
prolect the value of the Property and Lender's righls in the Property. Lender's actions may include paying any sums secured by 0 lien
which hns priority over thil Security Instrument, appearing in courl, paying reasonable attorneys' fees and entering on the Property to
make repairs. Although Lender may take Dction under Ihis paragraph 7, Lender docs not have to do 10.
Any nlllounts disbursed hy lCluler under this paragrnph 7 sh,nll .be~om~'adm'\onal debt of Borrower lecured by Ihis Security
Instrument. Unless Borrower and lender agree to other terms of paymcnll, thefe ~mJlfnls shin bear interest from Ihe date of disbursement
nt Ihe Nole rtlle and sholl be payable, with interest, upon notice rrom lender to Dorrower requesting paymenl.
8. MortCICt Insur.nce.lf Lender required mortgage insurance as acondition of making the lonn lecured hythis Security Inslrument,
norrower Ihall pay the premiums required to maintain the morlgage insurance in effect. 1ft for any reruon, Ihe morlgage insurance
covernge required hy lender lapses or ceDses 10 be in effect, norrower shall pay the premiums required 10 obtain coverage sululonlllllly
equivulent In the mortgage instJrnnce previously in effecI, at n costsuhstanlinlly equivnlenl to the cost 10 norrower of the mortgage
Doud486;ACd054' rormlOll 1110 ,""d"I'I"''''
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insurAnce pWriously ill errect, from nn alternate mortgage: insura u~pr'o~cd Ii)' lender. I( IU~ltantially cquivuh::nl murlA;u&c ill.loUCillll':C
cove raSe is not available, Borrower shall PIlY 10 Lcridcrcach month a lum equal to omHwclflh of the yearly morlgllge illluram;c Illcllliu:u
being paid by norrower when the insurance cevcrase lapsed arceased to be In crfect. Lender will accept, ule and relain ahut payments ll.lo OJ
Iou reserve in lieu armartg_ge insurance. Loss reserve payments may no longer be required, at the option arLender, if mortgage imurance:
cover.gc(ln the amount and (Dr the period Ihat Lender require.) provided by an inlurer approved by Lender again becomes available and
is obtained. Borrower shall pay the premiums required to mainuin mortgage insurance in effect, or to provide a 1011 reserve, unlillhe
requirement for morlgage insurance ends in accordance with any written agreement between Dorrower and lender or applicable luw.
9. InspceUon. lender or ils agent mllY make reasonable entries upon and Inspections of the Property. lender shull give Uorrower
nOlice at the lime of or prior to an inspection Ipecifying reBlonable cause for the inspection.
10. Condemn"llon. The proceeds of any award or claim for damages, direct or consequelltial, in connection with any cOlldCII111UliOIl
or other taking of any part of the PropertYt or for conveyance in lieu of condemnationt arc hereby lluigned and Ihall be paid 10 Lender.
In the event of a totallakins orthe Property,the proceedslhall be applied to the lums lecured by this Security Instrument, whelher or
not then due, with any excen pllid to Dorrower. In the event of a partial taking of the Property In which the fair murket vulue of the
Property immediately before the taking Is equal to or srealcrlhan lhe amount ohhe sumslecured by this Security Instrument immedialely
beCore lhe taking, unless Borrower and Lender otherwise agree in writing, lhe lumlsecured by this Security Instrument Ihall be reduced by
the amount of Ihe proceeds multiplied by Ihe followinc fraction: (8) Ihe lotal amount of Ihe lums lecured Immediately before Ihe lu~ill~,
divided by (b) the fair market value oCt he Property immedialely before the laking. Any balance shall be paid to Borrower. In theevent of u
partialtllking of lhe Property in which the fulr market value or Ihe Property immediately before the takins is lelllhan the amount of Ihe
sums lecured immedialely before the lakins, unless Uarrower and Lender otherwise agree In writing or unless applicable law otherwise
provides, the proceeds shall be applied to the lumslctured by Ihls Security Inltrument whether or not the lum. arc then due.
trthe Property is abandoned by Darrower, or if, aCler nOlice by Lcnderto Borrower lhat the condemnor offer. 10 make an award or
settle a claim for damases, Borrower rails to respond to lender within 30 daYI after-the date the notice II siven, Lender is authorized to
collect and apply the proceeds, at its option, either 10 resloration or repair of the Property or to the lurnssecured by thil Security
Instrumentt whether or not then due. . . . ' '. .'
Unless Lender and Dorrower otherwise agree in writing, any application of proceeds 10 princlpallhall nol extend or postpone the due
date of the monthly payments referred 10 in paragraphs I and 2 or change Ihe amount of luch paymenU.
11. Dorrower Not Relellcdj Forbearance Dr Lender Not. Waiver. Extenllon of the time for payment or modificatiJn or
amortization oflhe lums secured by this Security Instrument granted by Lender to any successor in Interest of Dorrower shall not operate
to release the lillbility orthe original Dorroweror Dorrower'slucceuorl in interest. Lender .hal1 not be required 10 commence proceedings
against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the lums secured by this
Security Inurument by realon oC any demand made by the original Dorrower or Dorrowerts lucctJlon In interest. Any forbearance by
Lender in exercising any risht or remedy shall not be a waiver of or preclude the exercise oC any right or remedy,
12. Successors and AlSlens Bound; Joint and Snelll LlabllllYi Co.Slenen. The covenllnts and agreements of this Security
Inurument shall bind and benefit Ihe luccessors and assigns of lender and Borrower, lubject 10 the provisions oC paragraph 17.
Dorrower's covenanls and agreements shall bejoint and leveral. Any Borrower who cO-lignllhls Security Instrument but docs nol execute
the Note: (a) is co.signing this Security Inllrument only 10 mortgage,8rant and convey that Dorrower's inlerest In the Properly under the
terms of this Security Instrument; (b) is not personally obligated to pay the suml secured by this Security Inltrument; and (c) agrees 1110\
Lender and any other Dorrower may agree 10 extend, modiCYt (orbear or make any accommodation. with regard 10 the lerms of this
Security Instrument or the Nole withoutlhat Dorrower's consent.
13. Lo.n Char&tI, If the loan secured by this Securily Instrument II subject to alllwwhich leIS maximum loan chargcs and that law is
finally interpreted so that the interest or other loan charges collected or 10 be collected In connection with the loan exceed the per milled
limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums
already collected from Dorrower which exceeded perm ill cd limits will be refunded 10 Borrower. Lender may choose to make this rerund by
reducing the principal owed under Ihe Note or by making 8 direcl payment to narrower. If a refund reduces principal,lhe reduction will be
treated (1S u purlial prepayment wilho\lt any prepayment charge under the Nole.
14. NotleCl. Any notice to Dorrower provided for in this Security Instrument shall be 8iven by delivering it or by mailing it by firsl
class mail unless applicable law requires use of another method. The nolice shall be directed to the Property Addleu or any olher address
Dorrower designates by nOlice to Lender. Any notice to Lender shall be given by first clan mail to Lender'l addreSlltatc:d herein or any
other address Lenderdesignates by notice to Dorrower. Any notice provided for in this Security Instrument shall be deemed to have beell
given 10 Dorrower or Lender when given as provided in Ihis pllrogroph.
15. Governlne Lawj Severability. This Security Instrument shall be governed by fede:rallaw 'and the law of the jurisdiction in which
the Property is located. In Ihe evenl thut any provision orclause oethls Security Instrumenl or the Note connicts with applicable law, such
connict Ihall nol afCect other provisions oCthis Security Instrument or lhe Note which can be given effect without the connicting provision.
To this end Ihe provisions of this Securily Inltrument and the NOle ore declared to be severable. .
16. Dorrower'. Copy. Borrower shull be given one conformed copy of lhe Note llnd orthis Security Instrument.
17. Transrer or the Properly or a Dcncflcl.1 Inlerellln Borro\yer. Ie all or any part of the Property or any interest in it is sold or
tran,;ferred (or if a beneficial interest in Dorrower is sold or transCerred and Borrower is not 0 natural pellon) without lender's prior
written consent, Lender maYt at its optiont require Immediate payment In full of all sums secured by this Security Instrumenl.llowever,
this option shall not be exercised by Lender if exercise is prohibited by federal law as of Ihe date of thill Security InUrumenl.
If Lenderexercises this option, Lender shall give Darrower notice of acceleration. The no lice Ihall provide 0 period of not less thun 30
days from Ihe dale Ihe notice is delivered or lTIailed within which Borrower mull pay all lums secured by Ihis Securily Inslrument. If
Dorrower fails to pay these sums prior to the: expiration of this period, lender may invoke any remedies permitted by this Seeurily
Inllrument without (urther nOlice or demand on Borrower.
18. Dorrower's Riehl to nelnstlle.lf 1J0rrower meets certain conditions, Borrower shall have the right to have enforcement of lhi~
Securily Inslrument discontinued at ony time prior to the earlier of; (a) S days (or .uch other period 81 applicable law may specify Cor
reinstatement) before IDle of the Property pursuant to any power of IDle contained in this Security Instrument; or(b) entry of njudgl1lenl
enrorcing this Securily Instrument. Those conditions are Ihat Borrower: (8) pays lender all lurns which then would be due under this
Security Instrument and the Note as if no accclerlltion had occurred; (b) cures any default of any othercovcnanu or asreements; (c) pays
011 expenscs incurred in enforcing this Security Instrument, including, but not limited lOt reasonable attorneys' fees; and (d) tokes luch
Ilclion as I.endermay reasonably require to assure lhot Ihe lien of this Security Instrument, Lender's rights in the I)ropertyand lJorrO'o\'er'31
obligalion 10 pay tile sums secured by Illis SecurilY Instrument Iholl continue unclmnged. Upon reinstatement by Uorrower, Ihi~ Scelll ily
Instrument and the obligDlions secured hereby shall remuin fully crfective os If no acceleration hull occurred. lIowcver, Ihi31 right In
rcinSlate shall not apply in the cnse o( acceleration under parograph 17.
19.5lIle orNotei Chance or lOin Su\'lccr, The Note or apanial interest in the NOle(togetherwith this Security I IIItrUl11elll) may be
sold one or more limes wilhout prior notice to Dorrower. ^ snle mDY result in I change in the entity (known ISlhe "Loun Servicer") Ihnt
collecls monthly paymenudue under lhe Notelnd this Security Instrument. There also may be one or more changes ufthe LO.IIIServicer
unrelated to a Inle oC lhe Note. If there is II chnnce of the l.01l1l Serviccr, 1I0rrower will be given written notice of the chllllge in IlCClutlilllce
with pari!graph 14 ubove and applicable law. The notice willltate Ihe name ond address oCthe new loan Servicerand the address 10 which
payments should be mllde. The nOlice will also contaIn uny olher information required by applicable law.
DO~d486fACd..055 r".lOll (1/901 11,",d'"'I"''''
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20. 1II11lrduIII Suhdll1t'U. nurrower shall nol cnuse or 'permit the presence, use, dis[1osnl, slarlIse, or releasc or IIn)' Ilnz:udnln
SUb~lllI1CU on or in lhe Property. lIorrower shall not do, nor nllow anyone else 10 do, anything nrfccling the ProperlY lh111 is in violation or
1111)' Envirnnmenllll Law. The preceding lwosenlences shllll not 01'(11)'10 the presence. use,or slorage on Ihe Prnpcrl)'oflmnllqunnlillcs or
Ill1limlfltls Suhstances Ihnl arc generally recognized 10 be npproprinlc to lIormal residential uses and In maintenance Dr the ProperlY.
Horrower sholl promplly give Lender written nOllce or any investigation, claim, demond, Inwsult or other nction by IIn)' governmental
nrrcgllllllory ngeney or private pari)' involving the Property and Iln)' lIazardous Substnnc(or Environmental Lawofwhich Horrower has
IIcllml knowledt;e.lf nor rower lenrlls, or I" notified hy any governmenlnl or regulntory Rulhnrity,that Iloy removnl or olher remedintion of
nny Iln7nrdOlll Subslanee nrrectlng the Property is neceuary,lJorrower 1111111 promptly take all necessary remedinl nctions in accordance
with Environmental Law.
As used in this parngrnph 20, "Huzardous Substances" ore those substances defined ps toxic or hnr.nrdous substances hy
Environmental Low nnd Ihe following suhSlnnccs: gosollne, kerosene, other nammnble or toxic petroleum products,loxic pesticidu ond
herhicides, volatile solvents, mnterlals contnining asbestos or formaldehyde. and radioactive materials. As used in this paragraph 20,
"Envlronmentnll.nw" mellns (edernllllws and lawl o( Ihe jurisdiction where the Property is located that relate 10 health, safety or
environmental protection.
NON.UNIFORM COVENANTS. I1nrrower IIl1d I.ender further covenant nnd agree os fullows:
11. Acceleullonj Ihmcdlcs.l.endcr sh.1I C1vc notIce to Durrower prior 10 aculerallon (oltowlnl Dorrower'l bruch orlny coun.nt
(If .crument In this Security InstruOlenl (but nol prior to .eceleullon undrr plrlcr.ph 17 unless appllc.ble law provldn olhrrwlse).
I.endu sh.1I notlry norrower or, amoflC olhu thlnCI: (I) Ihe deraultl (b) the Icllon required 10 cure Ihe default; (c) when Ihe ddault mUlt
be curedj Ind (d) Ihat rallure 10 cure the deflull.. IpeeJnrd m.y relullln leeelerlUon of Ihe lum. .ecured by thl. SecurUy Inllrumenl,
roreclosure by Judicial proceedlnc .nd 1.le of the Properl,. Lender .hlU rurthu Inrorm Borrower of Ihe rlchl to reins tile diu
acctltntlon and the rlcht to Isserlln the foreclo.urc procudlnc Ihe non.exhtence of I deflult or an)' other ddensr or narrower tn
Icceleratlon Ind roreclosure. Ulhe derlullls nol curtd I. Ipeclned, Lender at II. opllon ma, require Immedllte pa,lOenlln fult o(llIllIms
secured by Ihls Security Instrumenl wUhout furlher demlnd and m.y foreclose Ihls Security Inslrumenl by Judlclll proceed Inc. Lender
Ih.n be entitled 10 collecl In Clptnstl Incurred In pursulnc Ihe remedlel provided In thll PIUIUph 2l,lncludlnc. but lIot Ilmllrd to,
IlIorne)'s' reu and cosfs or tllle nldence 10 Ihe extenl perm III cd by applicable ra",.
21. Relust. Upon payment of nil sums secured by Ihls Security Instrument. this Security Inllrument IInd the estate conveyed shall
termlnnle and become void. After such occurrence, Lender shall discharge Bnd satisfy this Security Instrument without charge to
norrower. Dorrower shnll pay Dny recordalion costs.
13. Wllven. Dorrower.to the extent permittcd by applicable law, waivu and releases any trror or defects in proceedings 10 enforce
this Security Instrument. and hereby waives the benefit of any present or (uture laws providing (or stay of execution, extensIon of time,
exemption (rom attachment. levy and sale, and homestead exemption.
24. nelnslattmenl Period. Dorrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement
of bidding at 0 sherirrs sale or other sale pursuant to this Security Instrument.
25. Purchue Money MorICICe. Jr any or the debt secured by this Security Instrumenl is lent to narrower to ncquire litle 10 lhe
Property, this Security Instrument shall be a purchase money mortgage.
26. In Ie rest nate After Judement. Dorrower agrees Ihatthe interest rate payable arter 8 judgment is entered on the Note or in an
nction of marl gage foreclosure shall be Ihe rate payable (rom time 10 time under the Note.
17. Riders to this SecurUy Inslrumenl. I( one or more riders are executed by Dorrower and recorded together with this Security
Instrumenl.the covenants and agreements or each such rider shall be Incorporated into and shall amend and supplement the covenants
and ngrcements or this Security Instrument ns if the rider(s) were a pari o( this Security Instrument. [Check applicable hox(cs))
o AdjuSI.ble R.te Rider 0 Condominium Rider 0 1-4 Family Rider
D Gra~uated Payment Rider D Planncd Unit Development Rider D Biweekly Payment Rider
D nalloon Rider D Rate Improvement Rider 0 Second Home Rider
o Olher(.)[.peciry]
nv SIGNING UELOW, narrower nccepts Dnd agrees 10 the terms Bntl covenants contained in Ihis Security Instrument and in any
rider(s) execuled by norrower and recorded wilh it
Wi~nessc5:
3-~
.. ...................................................
.~~.?.~~................. (Sonl)
Thomas E. Myers -Horrower
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(Seal)
-Bor:rower
......................................................
...................... (Se.l)
-Borrower
(SpIeISelow'
COMMONWE^I.TII OF rENNSYLV^NI^. Currberland Count)'u:
On lhil.lh~ 30th da)' of September ,19 98 ,btrore me, Kelly S. Baker .
lh~ undmi.n~d ornctr. penonlll)' Ippearcd 'Ih::::nns E. ~t'5, M:lllv S. ~rs & R:i:ert J. ,'tNJiA 10 me ~rlllilratlotilY J'lroven) 10 be the penon(s)
whOle namt(l) are lubu:rlbtd 10 Iht wilhin Inllrumcnt Ind Itknowltdaed Ihlt hey
t.~,uted the ..mit~t Ih. J'lurpOltl hudn tonlllntd.
IN WITNt~S WIl}':.RF.OF. I hmunlo Itl m hind Ind of
M,~~(li,~.~"'i~fllr~'?~ . ~ NOlar1nlSeol ~ rj:.' f'l..
,:- '.":.,: .:: .'. ....'...I..::~ Kelly 9 Daker. Nollry Public f)) 'I I """1' j'1 \< I '" ~
, ,;, ..... .. .';;',.:. .;:l -:. tll'Hllat. Doro. cumbefland coun~ O.
" ~"., \ ~ ~ My 1101ll0\ItoCllon 'II,PUfll POD. 7, ao 0
,,:.... Or: .... r f'. ,11I111l1. r~nns~' '/:lnl3 S1aelU an 0 loIAII_, Title or om<<,
1 hmb~ (~rt.i(Y t,~~~)X~v:~t Iddrm or lhe wilhin Mottll.te (undrr) II
II \:~.': " $'
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LEGAl. DESClltPTION
Prell1i!ie~ itA"
ALL thai cerlain lrucl of land siluale in Dickinson Township. Cumberland Counly.
Pennsylvania, bounded and described pursuanllo a compass survey by Tom O. Bielsch, ItS.. in
August, 1970, as follows:
BEGINNING al a poinl in Ihe celller of Old Gettysburg Road; Ihence by land now or
fonnelly ofG. E. Murray, South 73 degrees 45 minules Enst, 150 feet 10 a Slake; thence by land now
or fonnerly of Eugene C. Jacoby, South 14 degrees 45 minules West, 100 feet to a Slake; thence by
land now or fonnerly orEarl G. Rank, Jr., NOr1h 73 degrees 45 minules West, 150 feet to a point in
the cenler of Old Gettysburg Road aforesaid; thence by the center of said Road, NOr1h 14 deg,ees
45 minules East, 100 feet 10 the Place of BE GINNING.
Premise-: tlFl"
ALL thaI certain Iract of land siluate in Dickinson Township, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a poilll inlhe center line of the Old Carlisle-Gettysburg Highway, which
point is n comer of other land nowor formerly of lite Ella N. Myers Estate; thence along other lands
now .'r fonnerly ofthe Ella N. Myers Estate, Nor1h 74 1/2 degrees West. a distance of 146.5 feel 10
a point (iron pin); thence still along olher lands now or formelly of the said Ella N. Myers Estale,
NOr1h 15 degrees 25 minutes East, a distance of97.2 feet to a point (iron pin); thence along TracI
No.7 on the hereinafter menlioned Plan of Lots, as adopted by the said Lena K. Kuntz, et aI., and
recorded in the Omce of the Recorder of Deeds in and for Cumberland County, at Callisle,
Pennsylvania, in Plan Book 10, Page 52, South 74 1/2 degrees East, a distance of 146.5 fr.etto a
point in the center line of the Old Carlisle-Gettysburg Highway; thence along the cenler line of said
Highway, South 15 1/2 degrees West, a dislance of97.2 feet to a point, the Place of BE GINNING.
Premises II~I'
ALL that cer1ain tract of land situate in South Middleton Township, Cumbelland County.
Pennsylvania, bounded and described as follows:
BEGINNING at n point in the center of the public road known as Oxford Road. said poinl
being the southweslern corner of land now or formelly of Richard E. McNew, el ux; thence by the
centerline of said Road, South 33 degrees West 203 feet, more or less, to a point: thence by land of
Lester Myers, NOr1h 49 degrees 15 minutes West 206.5 feet, more or less, to a Slake; thence by lar~d
now or fomlerly of John W. Marsh, Nor1h 31 degrees 30 minutes East 170 feet to a stake; thence by
other land now or fonnelly of Richard E. McNew, et ux; South 58 degrees 30 minutes East 207 feel,
more or less. to Ihe Place of BE GINNING.
BEING the same premises which Francis X. Bender, Jr. and Dorolhy K. Bender, his wife.
by Iheir Deed daled February 3, 1989 and recorded February 3, 1989 in the omce of the Rccorder
of Deeds of Cum bell and Counly in Deed Book "U". Volume 33, Page 399, granted and conveyed
IInlo Thomas Eugene Myers and Molly S. Myers.
F,"llSllJATArllNIUOS','-OI.ILllJ
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EXHIBIT
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PARCEL I.D. NO: Cfl-5~-.:l\15-Cbll1 0J\!l...
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MADE THE 3o^ day ofSeplember in the year one thousand nine hundred ninely,e.ighl~: ::i ::
(199R), u ,. ,.
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nr:TWr:r:N .JULIA M. MURRAY, willow, of Dickinson Township, Cumbrc!Jtnd.~' ::; ';;
County, Pennsylvaniu, hcrcinnncr called Grantor, 1'-c -:. '"
,;
THIS DEED,
"
AND TJlOMAS E. MYERS and MOLLY S. MYERS, his wife, Dnd ROBERT J.
MARSH, ofGardners, Cumberland County, Pennsylvania, hereinafter called Grantees:
WITNESSETH, that in consideration of Ihe sum of Fifty-Five Thousand and nnllOO
($55,000.00) Dollnrs, in' hand paid, Ihe receipt whereof is hereby acknowledged, Ihe said
Grnnlors do hereby grnnl nnd convey unto the snid Granlees, their heirs nnd assigns
TI{ACr NO.1:
ALL thnt certnin lroct of land with the improvements thereon erected, situntc in
Dickinson Township, Cumberland Counly, Pennsylvania, bounded and described as follows, to
wil:
BEGINNING at a point in the center of the old or abandoned road leading from Carlisle
10 Gellyshurg: Ihence along Ihe cenler of said road and lands nolV or formerly of Ella Myers,
Norlh 14 1/2 degrees Eosl 302.3 feet 10 0 point in the cenler of said ahnndoned Carlisle-
Gellysburg Rood; thence along lands now or formerly of Mrs. Ardell Graver, Soulh 81 degrees
I:ost 145.4 feel to 0 point in the center of the concrete road leading from Carlisle to Gellysburg
known ns Stale l1ighwoy Route #34; thence nlong the ceoter ofsoid Inst mentioned HighwllY nnd
olong Innds now or foonerly or Mrs. C. H. Musselman. South 6 3'4 degrees Eosl 337.\ feet 10 n
point in Ihe cenler of said State Highway Route #34; thence along lands now or fonnerly of Hoyl
Sowers. North 76 degrees West 266.5 feet to a point in the center of Ihe old or ohondoned
Cnrlisle Rond, Ihe Plnee of BI:GINNING. CONTAINING I oere, 79 perches and 101 squore
feet, as shown by the survey mnde by P. S. Orner, Registered Surveyor, on the 171h day of
}nmmry, 194r..
COOK 186 rACE 528
i
I.
BEING improved with n dwellinll house known os 360 Old Slnle !toad, Gurdncr..
BEING Ihe some properly which Glenn E. Murray nnd Julio M. Murrny, his wife, Ilranled
and conveyed to Glenn E. Murrny and Julin M. Murray, his wife, by decd dated January 22,1947
and recordcd in the Omee ufthe Recorder of Dccds for Cumberiand County in Decd Book "K",
Volome 13, Page 283.
TRACT NO.2:
ALL thai certain tract of land situ ole in Dickinson Township, Cumberland Cuunly,
Pennsylvania, bounded nnd described pursunnt to 0 compnss survey by Turn O. BiclScll, ItS., in
AuguSI, 1970, as follows:
BEGINNING 01 a poinl in Ihe cenler oflhe Old Gellysburll'Road; Ihcnce by lund nuw ur
fonnerly ofG. E. Murray, South 73 degrees 45 minules Ensl, 150 feel 10 0 slake; Ihence by land
now or formerly of Eugene C. Jacoby, South 14 degrees 45 minules West, 100 feet 10 a Slake;
Ihence by land now or lormerly of Earl G. Rank, Jr., North 73 desrees 45 minules Wesl, 150 I;'el
10 a poinl in Ihe center of Old Gellysburg Rood aforesaid; Ihence by the centcr of said !toad,
North 14 degrees 45 minules East, 100 feet to the Place of BEGINNING.
.-
\..
BEING Ihe sWlle property which 001'0 Adele Scully and Jonn Mycrs Herber, sronled nnd
conveyed unto Glenn E. Murray and Julio M. Murray, his wife, by deed doled Seplember 5,
1986 and recorded in Ihe omce of lhe Recorder of Deeds for Cumberland County in Deed Book
"E", Volume 32, Page 291.
The said Glenn E. Murray dicd on December 27, 1986, whereupon Title hecume veslcd in
fee simple in Julia M. Morrny, Grantor herein.
11 is Ihe intention of this Deed that Thomas E. Myers nnd Molly S. Myers, his wife, sholl
own on undivided onc-half inlerest therein, as tennnls by the entirclies wld thai Roberl J. Mnrsh,
sholl own the olher undivided one-half interest therein nnd Ihat the relalion belween the owners
orlhe respective undivided one-half interests shall be Ihat ofequallenonts in common.
BOOK 186 pm 529
2
.
AND the gmnlor hereby covenanls and agrees thai she will warrant specially the propel1y
hereby conveyed.
IN WITNESS WHEREOF, said gmntor has hereunlo sel her hnnd nnd senl the dny,
month nnd yenr firsl above wrlllen.
Sig"ed, Sea'ed a"d Delivered
i" 'lte preu"ce of
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9-'~'J"UL~ M-"(U'-;.RA7-
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nriOK 186 PACf 530
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AND the grantors hereby covenant and agree thai they will warrant specially the property
herehy conveyed.
IN WITNESS WIIEREOF, snid grantors have hereunto setlheir hands and seals the day,
monlh and year first above wriUen.
Siglled, Sea'ed ami Delivered
'"Iile pre.ltllCe of
D(j1{!3~'
~""A )" ;f,:...I.r. ~ (SEAL)
KAREN M, LUC' UGH
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KATHLEEN S. MARSH,
Plaintiff/petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
vs.
97-1862 CIVIL
ROBERT J. MARSH,
Defendant/Respondent
IN DIVORCE
PETITION FOR EXCLUSIVE POSSESSION
ORDER
Ii"
AND NOW, this
day of Dcccmber, 1997. after hearing and carcful
consideration of the testimony adduced, it appcaring that:
1. The parties have becn separatcd for a period approximating scven months;
2. The wife has assumed the expenses of thc marital residence;
3. The cohabitation ofthc parties is markcd by discord which has an adversc effect on
thcir children;
4. The defendant/respondent is rcadily capabh: of obtaining altcrnatc housing; and
5. The parties are ncgotiating towards thc scttlcmcnt of their divorcc casc;
It is ordercd and directed that, pending further order, cxclusive posscssion of the marital
residcnce at 11 South Ridgc Road, Boiling Springs, Cumberland County. Pcnnsylvania, is
awardcd to the plaintiff, Kathlccn S. Marsh. Thc dcfcndant. Robcrt J. Marsh, is directed to
vacatc said premiscs within forty-eight (48) hours. This order is entered without prcjudice to the
defendant to rcquest a review of this mattcr should thc circumstanccs changc.
BY THE COURT.
.$L
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Robert L. 0' Brien, Esquire
For the Plaintiff
c.-d><.,,,,,,')'I<<<d~~( 1~/l919'7.
..>6 . 'f.
Thomas J. Williams, Esquire
For the Defendant
:rlm
l.aw Of]1ce!
f)"IRIEN,IIARIC,' SCHERER
'7 1I'".1I SOIl/h SIIWI
( '01'11.,/". 1'"",u",','/lIIW '711'3
Steven J. Flshmall
O/Caulud
Rllh.,., L. O'81'wII
David..l. Bal'lc
.\lIe/llwl..l. Se/"',,,,,
E-mail
obs@eplx.II"
,7'7) J~9.6873
FAX (7'7) J~9.5755
July 23, 1998
VIA FACSIMILE (717) 243-1850
Thomas J. Williams, 111, Esquire
10 East High Street
Carlisle, Pennsylvania 17013
RE: Marsh v. Marsh
Dear Tom:
Thank you for your concurrence in rescheduling the conference with Mr.
Elicker on Monday, July 27th. My secretary contacted Mr. Elicker's office and had the
conference taken off of Monday's schedule and plans to call on Monday to speak with
Tracy about rescheduling same. We will contact you with the new date and time.
Very truly yours,
O'BRIEN, BARIC & SCHERER
~fl--
Robert L. O'Brien, Esquire
RLO/au
cc:
E. Robert Elicker, Master in Divorce ~
Kathleen Marsh
File
I
MDW&O
l~hlRM^IH1N -J\IJ\'!I:t. ^IWIX .-\1"'
Al1tJltNI\"\ & CtltlN\lllllIt\ AT (j,,\l'
WilliAM E MAH.T!'lON
JIIIlN II. FII\l'ltR III
DANII'I. K. DI'^lmURH
TIIOMA' J. Wn.u^A1\ .
1\" V. 01'11111I
SrU'lIl:N I.. UIOOM
GtOltt;t.: n. F^IURJU."
M'l'I'A>l.J.IIANn
"llm~IA.' G. COIJ INti
CAltl.C.R'\{:11
nr.NJ^MIN'I: W"'RNtK
TrN r~\I" HUill SOUr!
CARli"'''!, PfNN\\l\'^NIA 170)J
">lIl'Il11NI: (717) 243.3341
FAn!>"" (717) 243.1 H~lI
IN"URNt r www.mdwo.tull1
September 21, 1998
'lltIMII.tIM1111I1ICIVII.TkIAI SI1I:I.\lIH
E. Robert Elicker, II, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Kathleen S. Marsh v. Robert J. Marsh
No. 97-1862 - Cumberland County CCP
Our File No. 8720.1
Dear Mr. Elicker:
We received the Order scheduling a Master's Hearing in this case for March 11, 1999,
While I know there is a backlog, I was still surprised at having to wait six months on this very minor
case. Rob and I are essentially ready to try this case. 1 expect the only witnesses will be the parties
themselves.
I am writing to ask that you keep us in mind in the event there is a cancellation and some
time opens.
Vcrl truly your:;,
MARTSON DEARDORFF WILLIAMS & OTIO
--r~
Thomas J. Wi1Iiams
TJW/tde
cc: Robert L. O'Brien, Esquire
P.\1IU!S\DA TAFllE\OENLTIl9Nl20-Rn I
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M.l..4TA1'IlIGAI......yco.
Form 11205
1998 (>>dONo.I545.0130 IR5USlOn -Oonoh"'lttOf,lIp~inhl
~ Do not m. thl. fonn unl... the corporallon hn tlm.ly m.d Fonn 2553 to .I.ct to b. .n 5 corporallon.
.. Set IIparll.lnstructlons.
For cafflndar ear 1998. or tax ear be innm . 199B, endin
H.me
Otpar1mtnl of Ihe Tt"'U'Y Inl.r".1 R.V'tnue 5.MCt
U.S. Income Tax Return
for an S Corporation
..
,
A EtI'ct.....d.l.oI
EIII!(IIOn,.,n
5 CoIPCW.11Qn
Us.
IRS
lab.l.
Olher.
B NIW BusIness Codt No. will
(Jet Il'iSUuthons) plllSl
print or c.ty or TOM1
722300 typ.. GARDNER'S PA 17324 S 33 200.
F Check applicable boxes: (1) 1~I\lal relurn (2) Final relurn (3) Change in address (4) Amended relurn
G Enler number of shareholders in Ihe corporalion al end of Ihe lax year. .. . . . .. .. .. .. .. . .. .. . . . :.'.. . . .. . . . . .. . . .. .. .. .. .. . .. . .. .. ... ~ 2
19
C EmplOY" IdtntlftuUon HloInb.,
07/12196
DAN & TOM'S FOX'S PIZZA INC.
Numbfr, Str"I, and Room Of SUlI. No. (II . PO. bal, I" 1,,'11001011')
25-1794087
D O.I.ll'ICOl'por.ltd
399 OXFORD RD.
51111
ZIP Cod.
07/12196
E Tolll "'$Its (1ft nstfuchons)
,
Coullon: Inc/udo on/~ Irade or bUSlnes. incomo and e.nense. on Itne. 'a Ihrouoh 21. See Iho/n./,oel/on. lor more in'ormal;on.
10 Groll realpl. or ul.. J 291 798.1 b less relurns and allowances. ,I Ie B.I ~ Ie 291 798.
I 2 Cost of goods sold (Schedule A, line B) .............................................................. 2 96 953.
N 3 Gross profll. Subtractl,.e 2 from line Ie.............................................................. 3 194 845.
C
0 4 Nel gain (loss) from Form 4797. Pari II. line lB (attach Form 4797)..................................... 4
M 5 Olher Income (loss) (attach .chedulo) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 5
E
6 Tolal/ncome 1105.1. Combine lines 3 Ihrounh 5 . . .. . . .. . . . .. . . . .. .. . .. .. .. .. .. . . .. .. .. . .. .. ... . .. ... ~ 6 194 845.
7 Compensalion of olficers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 7 16 833.
8 Salaries and wages (less employmenl credils) ........................................................ 8 87 732.
9 Repairs and maintenance...............................,............................... ............ 9 1 025.
10 Bad debts ......................................................................................... 10
11 Renls ............................................................................................. 11 34 116.
0 12 Taxes and licenses.... ............................................................................. 12 28 1117.
E 13 Interest.................................................................f...:i..................... 13 689.
0
U 140 Depreciallon ~I requited. a/tach Form 4562) ............................... 140 5 760.
C b Depreclalion claimed on Schedule A and elsewhere on relurn.............. .1 14bl
T ,
I e Sublraclline 14b from line 14a ...................................................................... 14e 5 760.
0 15 Deplelion (Do not deduct 011 ond gas depleUon.) . . . . . . . . . . . . . . . . . . . . . .. .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 15
N
S 16 Advertising ........................................................................................ 16 4 058.
17 Pension, profil.sharinlJ. etc, plans ................................................................... 17
lB Employee benefit programs ......................................................................... lB
19 Olher deductions (al/ach schedule) .... .Sec.Ollw.Deducllons......................................... 19 33 954.
20 Tolol d.duellons. Add Ihe amounls .hown in lhe lar right column lor hnes 7 Ihrough 19 ................ ~ 20 212 354.
21 Ordlnarv Income f1oss\ from trade or bUSiness acllvlties. Subtraclline 20 from line 6..................... 21 -17 .509.
T ZZ TIX: auc... n.1 PIIllY1 ",cem.I>"11I schtduf.) ............................... T zzIT
A . I ~
X b Tax from Schedule D (Form 1120S) ........... .......... .......... ........ ZZb
e Add hn..ll. .nd lIb (II! "'I~uc\lon. for .dd,~on.II....) ...................................................... ZZe
A 23 P.ym.nls: 01998 ..~m.le<llu p.ym.nls.nd .mounl.pplie<l from 199/ ilium 230
N ...........
0 b Tax deposlled with Form 7004............................................ 23b
P e Credlllor federal lax paid on luels (al/ach Form 4/36) ..................... 23e
A d Add hnes 23a Ihrough 23c........................................................................... 23d
y 24 Eslimaled lax penalty. Check If Form 2220 is allached ......................................... ~ 0 24
M
E 25 Tax dU'.1f the lolll 011",.. l1c & 24 illlloer INn lin. 13<1. .nler .mount owerl. See inl~.lor d.po.itory m.1hod 01 p')'ll1.nl ... ~ 25
N 26 Overpayment. If line 23d is larget than lhe lolal 01 lines 22c and 24. enler amount overpaid. . . . .. . . . . .. ~ 26
T
S 27 Enler amounl 01 hne 26 you wanl: Credlled to 1999 esllm.led tax.. .. Refunded ~ 27
Under penalt", 01 ptllU"Y.1 declar. tNII N'l'e 'Iam'nfli !ni, ,.Iurn. mcl.,jlt'lO ICComPI~ sch&d~I.nd ,tal.ments. and 10 V. besl of my knc)wrdIdgt.nd
Please bel..'. .1 IS bLII. COf"C\' and compl,t,. D.cl'",hon 01 p',parer (OUltl INn lup'ytl) IS b.a on .Illnrorm.lion of 'IIhch pt'p&I'If hal'ny knOwledQ..
Sign ~ I ~
Here SlQnalur' 01 Offoerr Oat, TIlle
Pllpalrr', ~~ -;; I~al' . IXlI ~"P'''f'' Sotial StQ.IifyM.mOt,
SognalUf. -.; - 02/28/99 ~~J'~'. ~ X 180-48-1135
Paid STOTT & STOTT [lH "23-2932378
Pre parer's rllm'sflam,
Use Only (Of you'l JI ~ 157 S. HANOVER ST.
sell,employtd) DEFENDANT'S l-
and Addrrn CARLI SLE ZIP Cod< ~ 17013
8AA For Paperwork Reduction Act Notice, see separate InstrucUons. I:)(HIBIT Form 1120S (I99B)
SPSAOll1 ---B-
All.fTATI LIGAlIW'P\.Yco.
Form 1120S (1998) DAN & TOM'S FOX'S PIZZA, INC.
Cost of Goods Sold (,ee In,trucllo",)
1 Inventory al beglMl1lQ of year.. . . .. .. .. . .. .. .. .. .. . .. ... .. ... . .. . .. .. . .. .. .. . .. .. . .. . .. .. .. .. .... .. .. .. . 1 6 671.
2 Purcha.e.......................................................... .................................. 2 94,ZSO.
3 Co,t of labor ................................................... . .. ... . ............................ 3
4 Addillonal Secllon 263A co,l. (a/lach schedule) .. . .. .... . .. .. .. . .. .... .. .. . . . .. . .. .. .. .. .. .. ... .. .. .... 4
5 Olherco.t. (altach schedul.) ....... .. .. .. .. . .. .. .. .. .. .. .. .. . . .. . .. .. . . .. .. .. .. .. .. .. . .. .. .. .. .. .. . 5
6 Totll. Add IIno. lUvoUQh 5.................................... . ... ...... ............................ 6 100 9Z 1 .
7 InventolY at end ofye.r ......................................... ...................................... 7 3 968.
8 Call 01 goodllold. Subtr.clllno 7 from line 6. Enter hero and on pago I. Ilno 2. . . . . . .. . . .. .. .. . .. .. . . . .. .. 8 96. 9 S 3 .
9a Check all me!hod. used fa, valuillQ clo5l1lQ Inventory: .
(I) ~ Co.ta. described In Regulallon, Secllon 1.471.3
~~ Lowor of co,t 0' market a. descllbed in Regulahon' Secho/1 1.47t.4
~I~ Olher (.pecily method u>ed and aUach e'planallon) ..
b Check if there wa. a writedown of '.ubnormal' good' a. dcscnbed ;;, ii;g~I~,;n~ Se~I:;';; 1~471-:2(C):-:~.~.~.~.~.~.~.~.:-::-::-:~.~.~. ~; B p
c Check lithe LIFO InventolY melhod was adopted Ihis ta, year lor any good' (II chec~ed. a/lach Form 970) ......................... ..
2S-1794087
Page 2
:J:i~il.(!l!lt;W.'
d 1:,.,u;.lo~~~~~I~:l ~~~1(t~F"Ct~ ~.'''.~ ~~~ .I~~~ ~~~.~~~~'. ~~.I~~ .p~rcenlag~ (or. am~~~I~). ~~ .C.'~~~~~. . . . . . . . . . . . . ~ j.
. Do \he rule. of Secllo/1 263A tlo, properly produced or acqUired lor resale) apply to tho corporalion7 ......... ~
I ~~e~~'t:~ ~~~~~I~~~t...r~i.~i~~. q~~.~t~t:~~: ~.051: ~r. ~a~~ahO/1S belween ope",,,g ..~d .C.I~~~~ .i~~..~t~.~:.......... 0 Yes rx1 No
Other Information
r~~H.:.tllill.iJl:J
1 C/lecll method ollCCOunting: (I) 0 Ca,h tb) 00 Accrual (c) [I Olher (,peClly) .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
2 Refer to the li,tln the in,trucllon, and stale lhe corporahon's pnnClpal:
(I) 8u>int1'ICtivlIy" .!If!.AJ1_ _ __ _ _ _ _ _ _ _ _ _ _. tb)Produclor '''','' . .. .fQQ.O_ __ _ _ ___ ___ _____
3 Did the corporalion .tthe end of Ihe la. year own. direclly or mdllecUy. 50~. or more ollhe vollllQ stock of a dome.lic
corporallon7 (For rules of aUrlbution. 'ee Seclion 267(c).) II 'Ye,: aUach a schedule shoWing: (I) name, address.
and employer Idonlificat,on number and (b) percentage owned. . .. . . . .. . . . . . . . . . . . . .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. ..
4 Was lhe corpora lion a membe, of a controlled group ,ubiecllo Ihe prOVlS,on, of Sechon 15617 ...........................
,..
,.
..
X
X
5 At any lime durlllQ calendalyear 1998. did Iho corpora lion have an '/1lere't 'n or a 5Ignaluro or other authority over
a financial accounlln a fore,gn countlY (.uch as a bank account. secunllOs account. or olher financial account)7
(See the In.uucllon. for e..eptions and f,lIng requIlemenl, for Form 10 F 90.22.1.) ......................................
II 'Ye.; anter \he namo of lhe foreign countlY .. _ _ _ _ _ _ _ _ _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
6 During the lax year. did lhe corpora lion receive a dislribulion from, or was lithe fJranlor of, or transferol to, a
loreign Iru,t7 I 'Yes: the c~rporatron may have to lrIe Form 3520. See Instrucllons ......................................
7 Check Ihl. bo. ilthe corporation has ',Ied or is required to 1,Ie Form 8264. Appllcatron for Registration
8 ~~c:a~~~~;f'l~ ~~'r~;~;i;~ ;~~~~~. ~~~;'~'I~ '~I;~;;~ .~~~; ;~;;r~~~~I;' ~:;h O;;~i~';"i;~~~ ~;~~~:.;,;. :: : : : : : : ::: ::: :: : B
II so. the corporalion may have to 1,Ie Fom 8281.lnformatron Relurn lor Publicly Ollered Original Issue
Discountln,uuments.
9 II lhe corporation: (I) Iiled It. election to be an S corporation aller 1986. (b) was a C corporation belore II elected to
be an S corporation or the corporatron acquired an assel w,lh a baSiS delermlned by reference to ils basi. (or the
ba,i. of any olhe, ptoperty) In the hand. of a C corporatron. and tc) has nel unrealized buill.ln gain (defined In
Section 1374(d)(l)) In e..ess of the net ,"cognized built.ln ga'n 110m pilar yealS. enler the net unrealized buill.ln
gain reduced by net recognized buill. in gain from pflor years (see lnslruchons) ,............... ~ S _ _ _ _ _ _ _ _ _
10 Check Ihl. bo. ilthe cor rallon had accumulated earn,n sand rolols .tlhe close of lhe ta. ear see In.tructlons ....
.
5PSAOl12 11/2$1')8
,
Forml12~ DAN & TOM'S FOX'S PIZZA INC. 25-1794087 Paoa 3
Shareholders' Shares 01 Income Credits Deductions etc
(I) Pro rala .haro ,Iem, (b) Tolal amolllt
Income 1 Ordinary incoma (loss) from Irada or bu.iness acllv,'ie. (pago I, lino 21) ...................... 1 -17 509.
(Loss) 2 Nel incoma (loss) from 'enlal real e.lalo acllVllie. (a/lach Form B82f) . . ~i . . . . . . . . . . . . . . . . . .. . . 2
31 Gross Income from other rental activities. .. .. . . . ... . .. . .. . . . .. . .. 3.
b Expen.e. from olher 'enlal acl'v,lie. (a/lach schedule) . . . . . . . . . . . .1 3bl
c Net incoma tloss) from olher 'enlal acl'v,lie,. Sublractl,"e 3b from lino 3a . . . . . . . . . . . .. . . . .... . 3c
4 PorUolio incoma (loss):
.Interes' income ...................................... ..................................... 4. 85.
b Ordinary dividend. .................................... .................................... 4b
c Royally incomo ........................................................................... 4c
d Nol .her\oterm capllal ga'n (loss) (a/lach Schedule 0 (Form /1205)) .......................... 4d
o Nellong.lerm capilal ga," (loss) (a/lach Schedule 0 (Form 1/205)): .'
(1) 28r. rala gain (loss) .................. ~ (2)Tolalfor year...... .. 40ml
-----------
I Olher porUolio income (loss) (a/lach schedule) .....................................,........ 41
5 Nel .eclion 1231 gain (loss) (olher lhan due 10 ca.ually or Ihell) (a/lach Fo,m 4797) ... .. . .... .. 5
6 Olher income (loss) (a/lach schedule) . . . .. .. . . . .. .. . . . . . . . . . . . .. . . . .. .. .. .. .. .. . .... .. .. .. . . 6
Oedue, 7 Challlable conlllbul,on. (a/lach schedule) ..... ......................................... ..... 7
Uon. 8 See lion 179 expen.e deducl,on (a/lach Form 4562) .......................................... 8
9 Deduclion. ,elaled 10 porlloho income (loss) (,lemlZe) ........................................ 9
10 Olher deduclion. (./lach schedulel ......................................................... 10
Invest. 11 a Inlerest expense on investment debts..... to.... .................................. ..... ..... 110
ment b (1) Inveslmenl income Included on lines 4a. 4b. 4c. and 41 above. . . . . ... . . . . . .. . . . . ... . . . ... . llb'1 85.
Interesl t1\ Investment exoenses included on line 9 above ................. . . . .. . . . . . .. . .. ... . . . . .. . . llb 121
Credits 12. Cred,tlor alcohol u.ed a. a fuel (a/l.ch Form 6478).......................................... 12.
b Low.lncome housint;j credit:
(1) From plllnm"'p, 10 which lechon .2(IX5) .pph.. for property placed 'n seMce belore 1m ................. 12b 1
(2) Olher lhan on line 12btl) for properly placed in .ervlCe bolore 1990 ....................... 12b :21
(3) From p.rtn",hlp. 10 wh,ch .echon .2(IX5) .pplle~ lor property praced in service .ner 1989 .................. 12b 'l'
(4) Olher lhan on line 12b(3) lor property placed in .ervlCe aller 1989......................... 12b
c Ouahlied rehab,hlalion expend,lure. relaled 10 renlal real eslale aclivilie. (a/lach Form 3468) ... 12c
d Credll. (olher lhan cred,l. .hown on line. 12b and 12c) relaled 10 renlal real 12d
estate actIVIties ...........................................................................
o Cred,l. relaled 10 olher renlal acllVllies . .. .. ... . .. .. . . . . . .. . . . .. ... . .. .. .. .. ... .. . ... .. .. .. .. 12e
13 Olher cred,l. . . .. .. ... . . . . . .. . . . . .. .. . .. . .. . . . . .. .. . . . . .. . . . .. .. . . . .. .. . .. .. . . . . .. ... .. .. .. 13
Adju.t- 14. Deprecialion adjuslmenl on properly placed In .ervlCe aller 1986.............................. 14. 2 560.
ments b Adlu.ted gain or loss................................ ...................... ...... ....... .... 14b
ind Tax
Prefer. c Deplel'on (other lhan 0,1 and ga.) . .... . . .. .. .. . . .. .. . .. .. .. . . .. .. . . .. .... .. .. .. . .. .... .. .. .. 14c
ence d (l)Oross incom.'rom 011. ga.. or geothermal properlio. .. .. . . ... .. . .... .. .. .... .. .... .. . .... 14d n
Items
(2)Deduclion. allocable 10 011. ga.. or geolhermal proper lies ................................. 14d 12\1
e Other adiustments and 131 grtltffnce Ilems (Itt.chsthtduftJ............................................. 140
Foreign 15. TrPf of "'ClIme.... ~ ------------------------------------
Taxes b Name of loreign counlry or U.S. posseSSion..
-----------------------
c Tolal gross income from .ources oulSlde lhe UOIled Slale. (a/tach schedule) . . .. . . . . .. . .. . . . . . . 15c
d Tolal applicable deduclion. and losses (a/lach schedule) ..................................... 15d
o Tolal foreign laxe. (check one): ~ OPaid o Accrued ............................. 15a
I Reduclion in laxe. available for credll (a/lach schedule) . .. .. . . . .... . . .. .. . ...... .. ..... .. .... 151
o Olher loreion la. inlormalion (a/lach schedulel .............................................. 15.
Olher 16 Secl,on 59(e)(2) expend,lures: . Typo ~ ___ _ __ _ __ _ _________ b Amounl ~ 16b
17 Tax.exempt inlerest income................................................................ 17
18 Other tax.exempt income...............................,....................... ........... 18
19 Nondeducllble expense!i ................................................................... 19
20 Tolal properly di.lllbulion. (including ca.h) olher lhan dividend. reported on line 22 below. . .... 20
21 Other items and amounts required 10 be Teporled separately to shareholders
(a/loch schedule) . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . ... . . . .....................................
22 Total diVidend distributions paId from accumulated earnings and profits. . . . . . . . .. . . . . .. . . . . . . .. 22
23 Income Qoss). (Required only ,f Schedule M.1 mu.1 be compleled.) Combine line. 1 Ihrough
6 in column Cbl: From Ihe re.ull. .ublracllhe .um of line. 7 Ihrouah 11a. 15a. and 16b ......... 23 -17 424.
BM
SPSAOIJ4 12/01/98
DAN & TOM'S FOX'S
Balance Sheets er Books
As..ls
1 Cash ......................................
2a Trad. not.s and accounts r.c.ivabl. ........
b l.ss allowanc. for bad d.bls ...............
3 Inv.nlorl.s ................................
4 U.S. gov.rnm.nt obligalions ................
, To.....mpt s.corllles ......................
6 Olhtr curr.nlm.1s (,tfJdI sdltdul.). . . . . . . . . . . . . . .
7 loans to shareholders......................
8 Morlgag. and r..1 .slal. loans. . . . . . . . . . . . . .
9 Olhtr 1"".bMnls (,lfIch sdltdul.) ................
lOa Buildings and othe, depr.clabl. assets.......
bless accumulaled deplecialion . . . . . . . . . . . . . .
1,. Deplelable ass.ts ..........................
bless accumulaled deplelion.................
12 land (nel of any amortization) ..............
13alnlangibl. assels (amortizable only) .........
bless accumulaled amorlizalion . . . . . . . . . . . . . .
14 Other assels (aNach schedule) . . . . . . . . . . . . . .
15 Tolal assets ...............................
U,bIllU.. and Shl",holders' Eqully
16 Accounls payabla ..........................
17 Mortoaoe', notes, bond. p.y.bl. In 11I.lhIn I ym ....
18 OlhtlCurrenlll.bilili" (,n,eh JCh) .... Ln ..18.. S.t
19 loans from sharehold.rs ...................
20 Mortoall!S. note., bond. ply.bl. in I year or moll .....
21 Dlhtr li.bilili.. (,lfIeh sdltdu/.) ..................
22 Capital stock ..............................
Z3 Additional pald.ln capilal ...................
24 R.tain.d earnings..........................
25 Adjuslm.nls 1Il1Iw,holdtf.' eqUity "ltJch IChtdul.) ...
26 less cost of treasury stock.. ... .. .. .. .. .. .. .
Z1 Tolatllabllili.s and shar.holders' e uit ...... 49 020. 33 200.
cH e Reconciliation 01 Income (Loss) per Books with Income (Loss) per Return (You ar. not r.quired to
compl.t. Ihis schedul. if Ihe total assels on line 15. coiumn (d). 01 Schedule l are less than $25.000.)
1 Nel incom. (loss) per books ................ -17 424. 5 Incom""orded on book. !hi I year nollncluded
2 Incom. Included on Sch K. lin.s 1 Ihro"9h on Sch.dul. K.lm" 1 Uuough 6 (1I,miltr.
6. nol record.d on books thiS year (1Iemlze): a T......mpl ml.resl. $_ _ _ _ _ _ _ _ _ __
----------------------
----------------------
3 up,ns.. rOCOfdld on books !hi. r'" not included on
Schedul. K, lines I Uuough 11a, 50,'00 16b (,I.mu.r.
a Depreclalion ....... $
bTrml.OO.nlert.sinm,nt ..~ S:::: :::::
INC.
Beginning 01 lax year
(I) tb)
9
Pa .4
3
4 563.
18 957.
100.
38 611.
-31 528.
6 OeducllonSlndudld on Schedul. K. line. I Uuough
11.. 150.'00 16b. not choroid loalnsl book Incom.
thlsyur(llemlll):
a Depreciation.... S_ _ _ _ _ _ _ _ _ __
__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 7 Add lines 5 and 6 ...... ......... .......
4 Add lines 1 Ihro h3....................... -17.424.8 Incom. lOll Schedul. In2J In.I...ln7... -17 424.
Analysis 01 Accumulated Adjustments Account, Other AdJustments Account, and
Shareholders' Undistributed Taxable Income Previousl 1'axed (s.e Instructions)
(a) Accumulaled (b) Other ~~e!loIder.: uOOIS'
adluslmenls account adjustmenls accooot ~~~,:m.
1 Balance at beginning 01 tax year .................................
2 Ordinary incom. from page 1. line 21 ............................
3 Olher additions. . .. . . . . . . .See. Schedule M.2. Olher.AddJlions . . . .
4 loss from page 1. tine 21 .. .. .. . .. .. .. . .. .. .. . .. : .. .. .. .. . .. .. .. .
5 Olher reductions ..................... ............. ...............
6 Combine lines 1 Ihrough 5 .. .. .. . .. .. . . .. .. . . . .. . .. . .. .. .. . .. .. .
7 Distributions olhe, lhan dividend dlSlribulions ..................
8 Balance at end of ta. ear. Sublractline 7 from line 6 ............
SPSAOl)4 12/Ql/l)8
.
-14 104.
85.
17 509.
-31 528. O. O.
-31 528. O. O.
.'
Schedule K.'
(Fonn 1120S)
Shareholder's Share of Income, Credits, Deductions, ete
. Sit IIplrltl In.lrucllonl.
For c.l.nd.. Yllr 1998 or ton year
1998. Ind Indln 19
Cor orallon'lld.nllf In numb.... 25 -1794087
COIpoI.\Ion', ",me, Metr..., and ZlP Codt
or.u No. 15-\'-0110
1998
OtP.rtmtnt 01.... r"'Ilrf'
Inltlnal R.....nue s.~
bl Innln
184-52-2756
Sh.rehold'~lld.nll In number"
Sh&I.hold.,.. Namt. AOjr".. .nd ZIP Code
THOMAS E & MOLLY SMYERS
399 OXFORD RD
GARDNERS, PA 17324
DAN & TOM'S FOX'S PIZZA, INC.
399 OXFORD RD.
GARDNER'S, PA 17324
A Shareholder', percenlaoe 0' ,lock ownersh,p for la. year (,ee ,n,lrucllon' lor Schedul. K.l) ...................... . _ _ ~Q.._O.QQ.O_O. 'lO
B Inlelnll RMnu. S'MClCenter wt'OltellrlXln~On lilld lis rolurn .. ........... .. .!'h1.1jlg~1.P.!!1.a..J_ ~A_ _ !9}2~:'0.9!! _ _ __ _ __ _ _ _ _.
eTa. ,heller reOi,tralion number (,e. in,trucllon, for Schedul. K.l) . . .. . . . .. .. . . . .. .. .. ...... ....... .. .. .
.
Check aoolicabl. boles: 111 n Final K.l 12l n Amended K.l .' --------------
D
(I) PIa rala ,hare ,tem, (b) Amount (c) form 1010 f,t",.nler
lha lmountln column (b) on:
1 Ordmary income (loss) from trade or business actIVIties....... ...... 1 -8 754. s.. Shareholder',
2 Nellncom. tlo55) tram renlal real estale acllv,ties . . . . . . . .... ....., Z _!n'truction' for
Schedule K.I
3 Nellncom. (1055) from olher renlal ac"v'"es . ... . . . . . . . . . . . . . . . . . . . 3 (Form l120S).
4 Palilalia incomo (1055):
. Interest ......................................................... 4. 42. Schedul. 8, Plrt I, lin. I
b Ordinary diVIdend, . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . 4b Schedule 8, Plrt II, tine 5
c Royallies........................................................ 4c Schedul. E, Port I, line 4
Income d Net ,horHerm capital oa'n (1055) . .. . .. .. .. .... .. . .. .. .. . . . .. . . . . .. 4d Schedul. 0, line ~ elll (Q
(Loss) I Nellono.lerm cap,lal Oaln tI055)
(1) 281', ral. oa,n (1015) .......................................... .11\ Schedul. O,line 12, co! (0)
(2) Tolal for year ................................................ .m Schedul. 0, I,n. Il. coI (Q
I Olher porlfoho income tI055) (alf.eh sehldu/l) . . . . . . . . . . ........... 41 (Enler on .ppliClbl. hne of relurn.)
S" Sha,,"'ld"',lns~uc.
5 Nel Sechon 1231 oarn (1055) (olher lhan due 10 casually tion.lor Schedul. K.l
or Ihelt) .............................................. .. ......... 5 tfllfm 112OS~
6 Other incom. Iloss\ (alf.eh sehldu/l) ..... ~. . . . . . . . . .. ......... 6 rEnler on 'DOliabl. hne 01 return. \
7 Charrlabl. conlrrbuhon, (.If.eh seh.dull) . . .. . . . . . . . . . . . . .. ........ 7 Schedul. A, line 15 Otl6
Deduc. 8 Sechon 179 expense deducllon ................................... B S" Sha,,"'ldll'llnl~uc,
lions 9 Deduclion, relaled 10 porlfoho income (1055) (allaeh schldu/l) 9 - tions fOl Schedule K.l
10 Oilier deduclions (allDeh sehldull) .. . .. .. . .. .. . .. . . .. . . . . . . . .. .. . . 10 (form 112OS~
Invest. 11. Inleresl tu:penS8 on inveslment debts ............................. 1,. Form 4952. IIn. 1
ment b(l) Investment income Included on lines 4a, 4b, 4c, and 41 above. . . bill 42. };' Shatol'old.~.lns~uc.
~ons ffl~UI' K.l
Interesl 12l Inveslmenl ex""nses included on line 9 above. . . . . . .'. . . . b'2l fOlml1 .
.......
121 Cred,l for alcohol used a, fuel ............................. . . . . . . . 121 Form 6478, lin. 10
b Low.income housinO credit:
tl) ~~~~c;'i,~;~~. 4?9~~5). ~~.r~~~~~~'.~~ ~~~ ~r~~~r.I~.~I.~c.ed'n . ....... bill
(2) Olher Ihan on hno 12b(l) for propelly placed in ,ervice bm
belore 1990.......................................... ........ I-Fo,m 8586.1100 5
(3) ~~~~c;~~:~ornl~~~)(~). ~.a:~~~~~~i~~ ~~~ ~r~!':.r.I~.~I.a:~d .'~......... bC3l
Credll, (4) Olher lhan on I,n. 12b(3) for properly placed in 'erv"e b(4)
aller 1989 ...................................................
c Qualified rehabililation expenditures relaled to rental real
estate achvllies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12c
d Cred,l, (olher Ihan cred,l, ,hown on hnes 12b and 12c) relaled S.. Shareholder',
to renlalreal estate achvlties ............................... ...... 12d _!nstrucUons lor
I C,edlts retaled to other rental actIVities .................... ........ 12. Schedul. K.l
13 Olher cred,l, 13 (Fo,m 11205).
........................................ ..... .......
.-
\.
'p
1
,~
BAA For Plperwork Reduclfon Act Nollce, ,..lhlln,lruclfon, for Form 1120S.
Schedul. K.l (Form 11205) 1998
5P5A04ll 1lI01198
Schodule K.1
,
Adjust.
menls
.nd Tax
Profe..
InCI
Uems
(e) Pro rele share lIems
14. Dep/ecl.lIon adjuslmenl on ptoperly placed In service aller 1986 ....
b Adjusted oaln Of loss.............................................
c Deplellon (o\he, than 011 and 015) .................................
d (1) Gloss Income from all, oas, 0' ooo\hermal properties ............
(2) Deducllons allocabla 10 all, Oas, or oeolhormal ptoperlies ..
e Olho, ad uslmenls and lax e'arenca lIems allach schedule
15. Type 01 Income .. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
blUlIlI of fOl~~COUIlIry OIU.S.llOlsell~n" __________ _ _ _ __
c I~h~lJ,r~~~r.;~ !~~~ ~~.~~~.s. ~~~~i.~~ ~~. ~~~~~~ .~I.a.t~~. . . . . . . . . . .
d Tolal appllcabla deducllons and losses (a/lach schedule) . . . . . . . . . . . .
e Tolal fo,alon laxes (chock one):" 0 Paid 0 Accrued .......
I Raducllon In laxes available for credit (a/lach schedule) . . . . . . . . . . . . .
O\her foral n lax Informalion a/lach scheclule .....................
16 Won 59('X2) I1pendilutes: . Type" _ _ _ _ _ _ __ _ _ _ _ _ _ __
bAmounl .............. ......................... ..................
17 Tax.exempllnleresllncome ................................ .....
18 O\he, lax.exemptlncome ................................ .. .. .....
19 Nondeductibte expenses..........................................
20 Prope'lX dls~ibulions (includino cash) other lhan dividend
dls~lbuUons 'eported to you on Form l099.DIV ...............
21 Amount of loan repaymenls for 'loans from Shareholders' . . . . .
22 Rocaplure of low. Income houslno credit:
. F,om Secllon 420)(5) partnerships.........................
bO\her than on line 22a ........ ...........................
Fore'on
Tax..
Other
184-52-2756 Pa e2
(c) Form 1040 mill Intll the
smount In ,.hIM (b) on:
14a
14b
14c
d 1
d
14e
(b) Amounl
1 280.
See Shareholder's
Ins~ucllons la,
Schedule K.I
(form 11205) end
fns~ucllons la,
Form 6251
Form 1116, Ctodl bom
15c
15d
15e
151
15
Form 1116, ParI I
Form 1116, ParI II
Form 1116, Part III
SIt InsltucliDrllIOl Form 1116
SIt ShanhoId.(,ln,lIuc.
bDrllIOl S<hedul. K.l
tForm 1120S~
Form 1040, line 8b
1Gb
17
18
19
See Shareholder's
Ins~ucllons fa,
Schedule K.l
(Form 1120S).
20
21
818.
22a
22b
Form 8611. line 8
23 Supplemenlallnformation required \0 be reported separalely 10 each shareholder (a/lach additlona' schedules /I more space
Is need.d): .
Supple-
mental
Inlo..
mlUon
.
SPSA0412
12/01198
,
Schedule K.1
(Form 11205)
Shareholder's Share of Income, Credits, Deductions, etc
.. 5.. IIplrllllnllrucllonl.
For tollndlr yelr 1998 or'ox y..r
1998, Ind endln 19
Cor orlllon'lldlnll In numbor" 25 -1794087
COlpol.t..)'.... HamI, Addrm. Ind ZIP CoOe
CMI No. I~.QUO
1998
o.plfttnlnt of hi T."suy
Internal R....nuI s,t\'Q
be Innln
203-52-1224
Shl..holdl~lld.nll In number"
Shaf,hoIdtf', Name, Mdt.... tnd ZIP Code
R08ERT J. MARSH
11 S. RIDGE ST.
BOILING SPRINGS. PA 17007
DAN & TOM'S FOX'S PIZZA, INC.
399 OXFORD RD.
GARDNER'S, PA 17324
A Shareholder's percenlago 01 slock ownersh,p lor lax year (see ,nslrucllons for Schedule K.1) .... ... .. .. .. .. .. .. ... .. _ _ ~Q. .jlQQ.O_O. '.I'.
B Inl"..1 RMf1ut SIM",C.nt"w!lIr.corporl~on filed ,lIlIt..n ............. .. .!'bi.ta!!~l.P!!!.iL_ e./l_!!!.222:'0.9!! __ _ _ _ _ _ _ _ _ _.
C Tax sheller regislrallon number (see ins~ucllons for Schedule K.I) ........................................
.
Check annlicable boxes: m n final K.l lZl n Amended 1<.1 .' --------------
0
(I) Pro r.la share ,Iems (h) Amounl (c) rOlm 1010 lilerl Inter
\he lmounlln column (b) on:
1 OrdInary income (loss) from trade 01 business activities. . . . . . . , . . . . . 1 -8 755. See Shareholder's
2 Nel incomo (loss) from ,enlal,eal eslale aclivilies . . . . . . . . . . . . . . . . . . 2 I-Inslrucllons for
Schedule K.l
3 Nel income (loss) Irom olhe, renlal aclivilies ....... . . . . . . . . . . . . . . . . 3 (Form 1120S).
4 Porllolio income (loss):
Ilnleresl ......................................................... 41 43. Schedull e, Part I. I,... I
bOrdinary dividends............................................... 4b Sched14. e. Part II, Ii... 5
c Royallies.................................. ...................... 4c Sched14. E, Plrt I, Ii... 4
Income d Nel shorl.lerm cap,Ial ga,n (loss) . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 4d Schedul. 0, II... ~ coI (I)
(Loss) . Nellong.lerm capllal gain (loss)
(1) 28% rale gain (loss) ................................... ....... en' Schedul. 0, Ii... 12, col (g)
(2) Tolallor year..................................... ........... el2\ Sched14.0, Ii... 12, coI tl)
1 Other portfolio ,ncome (loss) (attach schedule) ....... . . . . . . . . . . . . . . 41 (Enl!t Olllppli",bl. Ii... ollllurn.)
SH S11IIo/'cIdll'l Insl1ut.
5 Nel Seclion 1231 ga'n (loss) (olher than due 10 c.sually bOllS fOl Schedull K.\
or thell). ............. ....................... .................... 5 (rOlmll!OS).
6 Olher income 1I0ss' ratt.ch schedule) .....:....................... 6 Enter on Innli"b1. II... 01 Illurn.1
7 Challl.ble con~ibut'ons (attach schedule) . . . . . . .. . . . . . . . . . . . . . . . . . . 7 Sched14. A, lil1l15 0116
Oeduc. 8 Seclion 179 ..pense deduction ................................... 8 See Shlrol1oldl(1 Insbuc.
tJons 9 Deduclions ,elaled 10 porllolio income (loss) (attach schedule) 9 I-Iion. fOl Schedul. K.I
10 Olher deductions rattach schedule) .. .. .. .. .. . . .. . .. . . . .. .. . . .. . . .. 10 trOlm 1I!OS).
Invest. 11 a Inlerest expense on investment debts ............................. 111 form 4952, line I
ment b(1) Investment income included on lines 4a, 4b. 4c, and 41 above... b'lI 43. 1- r Shlrlholdtr'lln.buc.
'~IOllSfOll~u1'K'\
Interest (2\ Investment eXnflnses included on line 9 above. . . . . . . " , . , , , . . . . . b'" Form II .
12. Cred,l lor alcohol used as luel .................................... 121 form 6478, line 10
b Low.incomo housh\g cred,I: ,
(1) ~~':v~;t~f~~e 4fJit' ~~.'~~~~~~I~~ ~~~ .~~!'.".r.~.~I...~ed'n........ b'l\
t2l Olher lhan on line 12b(l) lor properly placed in servrce bl2\
belore \990................... ...................... ......... -Form 8586, line 5
(3) ~~':v":c;~~:~rnl~~~)~). ~~.'~~~~~~I~~ ~~~ .~r~~~r.t~.~I...~~d .in......... btnl
Cr.dlls (4) Other lhan on tine 12b(3) lor properly placed in serv,ce b''''
aller 1989 ........................................... ........
c Qualified rehabilitation expendItures related to renlal real
estate activities. . . . . . . . . . . . . . . . . . . . . . " . . . . .. .. . . . . . . . . . . , ....... 12c
d Cred,ls (other lhan cred,ts shown on lines 12b .nd 12c, relaled See Shareholder's
to rental real estate actlvllIcs .........................".,. ....... 12d _Instruc:lions fOl
e Credits relaled (0 other renlal achvities ................ .... ........ 12. Schedule K.l
13 Olher cred,ls ............................................. 13 (Form 11205).
.......
BAA for Plperwo,k Reducllon Acl Nollce, ..elhelnslrucllons fo, fo"" 1120S.
Schedule K.l (Form 11205) 1998
SP5A()412 12.01198
Schedule K.l (Fo,m '120S) (1998) THOMAS E & MOll Y S MYERS 184-52-2756 Paee 2
(I) P,O ,ala shale lIems (b) Amounl (c) fOlm 1040 filerl ,nler tho
lII10unlln column (b) on:
141 Oepleeiallon ad,uslmenl on p,operly placed In seIVlCO aller 1986 .... 141 1 280.
Adjust. b Adlusled Qaln 0' loss. . . . . . .. . .. .. .. . .. . . .. .. . . . .. .. . . . 14b See Shareholde,'s
men 15 ..,.. "'" Insl,uellons fo,
Ind TI' e Oeplelion (olhe, lhan 011 and Qas) ........ .. . .. . .... . . . . . . ..... 14e Schedulo K.I
Pr.ler. d (1) G,oss income 110m 011. Qas. 01 geolhe,mal p,ope,lIes ... d(l) - (Fo,m 1120S) and
ence .. ...... Inslluellons 10'
lIem. (2) Oeduclion. allocable 10 011. ga.. 01 Qeolhelmal prope,lles .... d(2) Fo,m 6251
· Olhe, adlustmenl. and la. OIele,enco ,lemsJa"ach schedule> ...... 14.
151 Type o!income _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ fo,m 1116, Chec.\ bol!l
b".me 0' lor"iI'1 ,ounlryo, U.S. pone, lion _ _ _ _ __ _ __ _ _ _ _ _ __
Foreign e Jg,\~~~'~~~~~~7.j~ .'~~~ ~~.~'~:.'. ~~.I~i.~~ .I~:. ~~.'I~d .~~~Ies . . . 15e I-Fo,m 1116. Pa,11
.......
Taxes d Tolal applicable deductions and losses (a"ach schedule) 15d
.....,
. Tolal 'o,eign ta.es (check one): _ o Paid o Acc,ued ....... 15. Fo,m 1116. Pa,t II
' Reducllon in ta.es available lor Cledlt (a"ach schedule) . . . . . . . . . . . . . 151 Form 1116, Pa,t III
o Olhe, fo,ooen la. info,mallon (a"ach schedule) . . . . . . . . . . . . . . . . . . . . . 150 See Inltruelienl '0' f.,m 1116
16 S"b.n 59('X2) "p,neMu"s: . Type- S.. ShI"hold''',lnshuc.
---------------- b.nl '.r Sd'odul. K.I
bAmounl ............ ............. ............... ....... .... "...,. 16b (fOlm 1120S~
Olher 17 Tax.exempt inlerest income ................................."... 17 Form 1040. line 8b
18 Olher ta..e.empl income............................ .. . . . . . . . . . . . 18
19 Nondeducllble e.penses . . .. . . .. .. . . . .. .. . . .... . .. .. . . . .. . . . . . .. . . 19 See Sha,eholde,'s
20 P,operly dlslllbullons (includrnQ cash) olher than dividend _Instructions for
Schedule K.I
dlslllbullons ,epo,led 10 you on Form 1099.0IV ........ ... .", .... 2D (Fo,m 1120S).
21 Amount 0' loan repaymenls '01 'Loans Itom Shareholders' . ...."... 21 818.
22 Recaplure at low.jncome hoUStnO credll:
. F,om See lion 42~)(5) pa,lne,sh,ps ................... . .... ...... 22. }Fo,m8611,line8
b Olhe, Ihan on line 22a ............................... '"'' ...... 22b
23 Supplemenlal in'o,mallon ,equlled 10 be ,epo,led separalely 10 each shareholder (af/ach add/llonal schedul.s i'mor. space
is ne~ded):
,
Supple.
mental
Infor-
mation
SPSA0412
12101198
Schedule K.'
(Foml 11205)
Shareholder's Share of Income, Credits, Deductions, etc
~ S.. separate Instrucllons.
For calendar year 1998 or lax year
,1998. and endln 19
Cor orallon',ldenlll In number~ 25-1794087
COIrwuhon, fl.mt, Addl.... .nd ZIP CoM
,
I
OMII No. 1$450130
1998
Otparlmenl 01 III TfI.1U'y
Inl.,,* Rtvenue s.MCt
be Innln
203-52-1224
5ha"holde(sldenll In number ~
ShIIIhokMr'1 Name. ~"I. and ZIP Cod.
ROBERT J. MARSH
11 S. RIDGE ST.
8DILING SPRINGS, PA 17007
DAN & TOM'S FOX'S PIZZA, INC.
399 OXFORD RD.
GARDNER'S, PA 17324
A Shareholder's percenlage 01 slock ownership lor lax yea, tsee mshutllons for Schedule K.l) ...................... ~ _ _ ~Q.._OQQ.O_D. ox.
B Inlern.1 RIYtflUl Service Cenlerwhe"corpo"~on hied III IIlurn ............. ~ 1'~ !.ta.Q~l.Pb La.J_ ~~ _1!!.2~2:.0.91l_ _ _ _ _ _ _ _ _ _ _.
C Tax sheller regisltation number (see inslructions for Schedule K.l) . . . . . . .. . .. . . .. . . .. .. .. . .. .. . ~
.
Check acolicable boxes: m n Final K.I I2l n Amended 1\.1 . --------------
D
(a) Pro rala share Items (b) Amounl (c) Form 11)40 filers enler
tho .mounlln column (b) on:
1 Ordinary income (loss) from hade or bUSiness achvlllOs .. 1 -8 755. See Shareholder's
2 Nellncome (loss) ham renlal real eslale aClivilies . . . ., Z _Inslruclions fer
Schedule K.I
3 Nellncome (10") from olher renlal acllvilies . . . . . . . . . . ... 3 tForm 1120S).
4 Porllolio Income (loss):
Ilnleresl ................ ........ ..................... ... .. 4a 43. Sd1edul. 8. P.rt I. hn. I
b Ordinary dividends.................................. .. ..... 4b Sd1edul. 8, p,rt II, Ion. 5
c Royallies ............................................ .. .. 4c Sd1edul. E. P.rt f. Ion. 4
Income d Nol shorHerm capital gain (loss) . .. . . . .. .. .. .. .. . . . . . . . . 4d Schedul. 0, line 5, col (Q
(Loss) I Nellong.term capilal gain (loss)
(1) 28% rale gain (loss) ......... .... . .. .. .. .. .. .. . .. . .... .... em Sd1edule O. lone 12. col (9)
(2) Tolal for year ..................................... el21 Sd1edul. 0.110.12. col (Q
I Other porllolio income (10") (a/lach schedule) ...... . .. .. 4f tEnlel on 'P~IClbl.lln. of II!urn)
Not Section 1231 gain (loss) (olher than due to casually S" SlIIfeholder'lln.l/uc,
S bons for Schedule K.\
0' thell) ...... ......................................' .... .... S (Form I120S).
6 Olher income /lossl (./lach schedule) .....:........, 6 Enter on aDDhcable line elf return.)
7 Charitable conlribulions (aftach schedule) . . . . . . . . . . . . . . ..... 7 Sd1edul. A, lin. 15 or 16
Deduc- 8 Section 179 expense deduclion ......................, .... ... 8 Set SlIIferolder'. In.l/ut.
lions 9 Deducllons related 10 porllolio income (loss) (a/loch schedule) 9 - bonl for Schedul. K.I
... tro<m 1120S).
10 Other deductions (atlDCh schedul.l . . . . . .. .. .. .. . .. . . .. ". . .. .. 10
Invesl- 1111nleresl expense on inveslmenl debls .................. .... .. lie Form 4952. line 1
ment b (1) Inveslmenl income included on lines 4a. 4b. 4c. and 41 above bm 43. 1-:" ShI"rolder'. In.l/ut.
... ~Iom fo< ~ul' K.I
Interest (21 Inveslmenl e'oenses included on line 9 above. . . . b(21 rorm 1120S .
121 Credil for alcohol used as fuel ......................, 12a Form 6478. hne 10
b low. Income housl~O credit:
(1) ~~~c;~~I~~e4fJ1165>. ~~.r~~~~~~i~~ ~~~ ~.r~.~~r.t~.~I.ac.edln bm
(2) Olher than on line 12b(l) lor property placed in selVlce b(2)
before 1990......................................., ...... f-Fo,m 8586, line 5
(3) ~~~c;~~\~rn,~~~)~>.. ~~:~~~~~~i~~ ~~~ .~r~~.~r.I~.~I.a.red'" ..... bt3l
Credits (4) Olher than on tine 12b(3) for properly placed in servICe b'41
aller 1989......................................... .....
c Qualified rehabilitation e'pendllures related to renlal real
estate activities...................................... .. ... 12c
d Credlls (olher lhan credlls shown on lines 12b and 12c) relaled See Shareholder's
to rental real estate activities .................,..... ...... 12d _ !nsltuctions fa,
. Credils relaled 10 olher renlal aclivllies ..... . . . . . . , . . . ..... 12e Schedule K.l
13 Other credits .............................,....... 13 tFOIm 11205).
.. ..
BAA For Pap.rwork Reduction Act Nollce, snlh.lnstructlons lor Form 1120S.
Schedule K'1 tFOIm 1120S) 1998
SPSA041Z 11.011')8
,
Schedule K.l'Fo,m 1120S\ 119981 ROBERT 1. MARSH 203-52-1224 Paoe 2
(I) p,o ,ala sha,e ilems (b) Amounl (e) ro,m 1040 ',1111 enlll the
lmounlln column (b) on:
141 Dep,eclOI,on adJuslmenl on p,ope,ly placed in service aller 1986 .... 141 1 280.
Adjust. b Adjusted aOln or loss. .. . .. . . .. . .. .. .. . . .. .. .. .. .. . . . . 14b See Shareholder's
menls .. ....... Inslrucllons for
Ind Tox e Deplelion (olher lhan 011 and aos) ....................... . . . . .. . . . . 14e _ ~chedule K.l
Preler. d (1) Gross income Cram 0'1. aas. or aeolhermol p,operl,es dill (Fo,m 1120S) and
ene. ..... ..... Inslruclions lor
lIems (2) Deduclions allocable to 011. aos. or aeolhermal p,ope,I,es . . . . . . . . dm Form 6251
. Olher ad'uslmenls and lax nrelerence Ilems 'a/l.ch schedule) ...... 14.
151 Type 01 income .. ----------------------- rorm 1116, Chedl bollS
b Harne 01 IOltlQl1 country or U.S. posseSSIon ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Foreign e J~i,~lc~'~~~~~~7:;~ ~'.~~ ~~~r~~.s. ~~~~'.d.~ ~~. ~~~~~~ .~I.~les . . . ISe -Form 1116, Pa,11
.......
Taxes d Tolal applicable deducllons and losses (a/l.ch schedule) . . . . ISd
........
. Tolallo,elon taxes (check one): .. OPa'd o Accrued ."... 15. Form 1116, Pa,IU
I Reduclion in taxes av..lable for credll (./I.ch schedule) . . . . . .,..... 151 Form 1116, Pa,llII
n Olher fo,.,nn lax informalion (./I.ch schedule I ............. ........ 150 See Instruclions 'or r..m 1116
16 Secllon 59(eX2) e.pendllu"" I~pe.___------------- SH Shareholder'slnslluc.
bons f.. Sehtdule K.l
bAmounl ..... ......................................... .... ...... 16b (rorm ll/OS).
Olher 17 Tax.exempt inleresl income .........,................ ........... 17 Form 1040. lina 8b
18 Other tal' exempt income............................ . "......... 18
19 Nondeductible expenses. . . . . . . . . . . . . . .. . . . . . . .. . . . . . ..... ....... 19 See Sha,eholder's
20 Prope,ly dlSlllbul,ons (includono cash) 01 her lhon dividend _Inslruclions for
Schedule K.l
dlSlllbuhons reported 10 you on Form 1099.DIV ....... . ... .. ....... 20 (Fo,m 1120S).
21 Amounl 01 loan repayments fa, 'Loans from Shateholders' . . ....... 21
2Z Recapture of low.income hOUSing credit: !l-Fo,m 8611. line 8
I F,om Secllon 420)(5) parlnersh,ps .................... ........... 2Za
b Olher Ihan on hne 22a ................................ ... ....... 2Zb
23 Supplemental on'ormahon requ"ed 10 be reporled sepo,alely to each sha,eholder (allach addition.1 schedules if more sp.ce
15 needed):
More than 2% Shareholderl Employee Ilealth Insurance Paid 1,438.
Supple.
mental
Inlor-
matlon
.
SPSA0412
12101198
DAN & TOM'S FOX'S PIZZA, INC. 25.17940B7
Fo,m 11205, Page 1, Line 19
Other Deducllons
AMORTIZATION
Professional Fees
Utilities
Insurance
Supplies
Telephone
Franchise Fees
Trash Removal
Pest Control
Snow Removal
922.
2,416.
t2, 713.
8.565.
3,056.
2.034.
2.620.
1 ,320.
268.
.'
40.
Total
33.954.
Other Current Liabililies:
11205, Schedute L, Line 1B
Other Current liabilities:
Beginning of
tax year
End of
tax year
PAYROll TAXES PAYABLE
SALES TAX PAYABLE
3.727.
1 . 341.
5,068.
3.268.
1.295.
4.563.
Total
Form 11205, Page 4, Schedule M.2, Line 3'
Schedule M.2, Other Additions
INTEREST INCOME
85.
Total
B5.
RCT.l01(9-N)1N
..
PA OEP""'MENT OF REVE1oU:
IURlAU or COR,ORAnoH TUU
OCPr:8Ool21
tW1nlSOI..JlO, PA 11111! 0421
StepA 1
Ta. Period .
StepB
Label
Affix
Label
Here
-
Step C .
~~3\~:r,f~I~~:~o~~Od(')
Step 0
TIX Sumrr.lry
~ c[
A H
, <
L C
[ K
Y H
o [
U "
" [
StepE
'fIX Payment
Application
StepF
Overpayment
StepG
Signature
Sign Here X
Step H .
Tax Sign
Prep.rer's Here X
Mailing
Address
PA Corporate Tax Report 1998
RCT-101
Oapartmanl
Us. Only
D'_"Kllwt4
.
Tax per od eg nnlng MM 00 YY DO Y
1/1 98 12131/98
2 . peel 011 PA CoIpoulO IIII.bel 110m lhe eMf ollhe IlIln.III.<llOn Boot OIheooll pflnt Clltype.
3 Check if addre.. chango (Comp'elo nod hie FOIm REV.8S4).
4 Check " Wing period change (Complele "nd 1,10 Form REV.854).
5 Check heft If 1.11 It is t red Tu Pmlllloner ard u Onl I uill. name and address I.bel.
otpOfl 11M AC(OYrlt ID
DAN & TOM'S FOX'S PIZZA INC. 78Z5-807
~..-d lIt.t EnMrlO ([IN)
399 OXFORD RD. 25-1794087
DLN
.
DR6 DR7
5 A
Tax DLH
,., Of o-n SUI.
GARDNER'S PA
6 X PA 5 71 fin' R.p~rt 8 U Lul Report 9
12 hmil rum 13 FIrst Cll" Cor oralion 14
16 Compute lu h.btlllylor Clpltal SlotkJFOftl FranchIse, lO:1n1 and Cof III Net Income TillS on
A Tax LI.blllly B Estlmsted
from TIlC Paymenls and
Report Credlls on Doposll
for the Current Period
Capll.1 Slack
Foreign
Franchise Tal( , . . . .
300.
300.
Loans Tax ........
Corporate Het
Income Tax...... .
O.
.
Tolal ............. 300.
17 II column C total is I'Jrealer than zero. complete Step E.
18 If column C total is less than zero. an overpayment exists. Skip to Step F.
19 11 column C lOla' is zero. no a menl is due. Ski to Ste G.
20 Apply column C lolalhom Sle 0 b tax. The a ment amount ror each tax must be zero or
Departmenl Use Only
I P
realer.
300.
Payment
Caplll. Slack
Foreign
Franchise Tax ..
.
.
Enter
Whol.
00111..
Only
.
Loans Tax,.....
Corporal. Hot
Income Tax ...,
Totil PI~ment musl equJllhe column C TotJllrom Step O. Total I
1rt~l, c/lt(_ (Of 'his ,mount plylbl, to: 'PA Depl 01 Revenue' Payment ,......
Pleue check thiS block onl If the lotJI ent amount shown 10 the fl hi has been or WIll be id
21 Check only one box to select a ,efund or trimsler method.
A 8 Aulcmallul1, Itlnsler OYt1p,))menl(s) 10 cumnllal period underpaid lues 100 lhe rema1nino portion 10 lhe neIl lu period.
B A~om.I".IIJ I"..'er S 0'11-0 currenl tll period O'Iefp3ymenl(s) 10 lhe next tll period d" p3~"'l.",
currenl tn peflod uooerpald tues 1M relund the rem;unulQ ~tion olllle current tax period overpayment(s).
C Refund Ihe ovel a men' from the cUtrcnltax crlad after a in II current tax criod under aid taxes.
I h."by II""" und.. p''',l1In prtKribed by II. 1t\11 thl, "port (1ntludinl;l'ny Iccomplnylnl;l.ctl.duln Ind slat.menU) tin b"n nlmlMd by ~ Md
to!tl. Mlt of my 'nowl.d,1 Ind b,U.II, . IN., comet .nd umpl,l. "porlU prtp,"d by I p.rson other tfI", tho laIP'y.', N, d.dltldon II b.Nd on
1.lnlo,"nllon 01 Mtlth h, hn lit)' 'newt.ltg..
SIl;lnltutloIOflkuofCompl"Y'
.
I.
ElectronIC runds Trlnsfer EfT
r,l1.
Oal.
Ttltpru. NI6rbe,
u 7t7) 240-7245
2.3 IX I Dwtk tw" 10",.01 nlll.mt'" ,..,hn And I.Qunl, lor adHOONIlt\lOImahon to pltpall". Mtdtns. Pre lrefs Ilddrns must be Jlrrnltd 01 below.
'tintInrSNIcfv"'",,,uOl'r1,,"'IN,m. lndN!dvllot '5 an,
24 STOTT & STOTT
Imr.oodu.l Of films Sh..l Addr."
J,'"
Telephone 'futi:lIr
157 5. HANOVER ST.
"If
t!
243-8077
Prep..,,., [IU 01 SSU
SIAl. 11l'Co.J.
Oat.
CARLISLE rA 17013 02/28/99
Department Use Only tcheck Atllh.1 apply)
8 Special Wllhdraw.1 8 Oul of Exlslence Allldlvll Flied
Special Dissolution Special Merger
PAClOIOI 01/11199
23-2932378
8 Clearance
Bulk Sale
8 B.nkruplcy
Sh,,1If S.le
1 Currenllax period book income (loss) ................. ~W 01/01/98 12131/98
2 Tolll book incomt (.um 01 incom.lor .111.. p,"ods ..Ihn. up 10, bul nol "". \ y'lIIloIJI) . . . . . . . . . . . 2
3 Divisor (in years and pari years rounded 10 IIvee decimal places). Sce II..1rucllOns ......... 3
4 ~ivide line 2 by line 3 .. .. .. .. .. .. .. .. .. .. .. .. . .. . .. .. .. .. .. .... .. .. .. .. .. .. . 4
5 Averlge Book Income - E::nler line 4 or II line 4 .. less Ihan zero cnler '0' . . . . . . . . . . . . 5
60ivideline5by.095.......................................... ............6
7 Sum 01 capital stock. pald.in QPllaland retained earnings Ins lIenury slock at lhe end olll1e cUllent period. . . . . 7
8 Sum 01 capilal slock. paid.in caprlal and relained ea,mngs less Ireasury slock allhe
beginning of Ihe currenl period .. .. .. .. .. .. .. .... . .. .. .. .. .. .. .. .. . ..... .. .. .. .. .. . 8
9 II line 7 is more than twice " o"al or 1m lh.1n hall" much" line 8. add I"" 7 and 8 and d",d. by I.
01l'<r01l..nlll line 7 ... .................. ........................ ......... 9
10 Ne' Worth - Enler line 9 or illlne 9 is less Ihan zero enler '0' .......... 10
11 Muiliply linol0 by 0.75 .............. ........................ ........... 11
12 Add lines 6 and 11 ............................................. ...........12
13 OividelinoI2by2............................................ ............. 13
14 $125.000 valuation deduction ...................................... .................. 14
15 Capilli Slecl< Value - Une Illm line 14 but nollm than '11. II lOOr, Uubl.. onl" I". IS on line 17 ....... 15
16 Proportion 01 Imbl.."'1l OIapportionmenl proportIOn. (from Sthodul. A.I. line 5 b.lo. ) . . . . . . . . . . . . . . . . .. 16
17 Taxeble Vllue - Mulllply tino 15 by line lG. II less Ihan zero. cnlcr '0' . . . . . . . . .. . .. .. . .. 17
18 Clplll1510cklForelgn Franchlsl Tax - Muillply line 17 by .01199, and clllcr lI11s
amount minimum tax is 5300 .... ......... ..... ............ .. .. - 18
Schedule A.l: Apportionment Schedule for Capital Slock/Foreign Franchise Tax
[nIH tht numttllot{.) and d.nomInttOf{')C11 I,.ctlon, uud lor 'rportlonln, thl Clpllal'locll..alul. [nl., th. lilY'" o~v lortht .pportJorYTI.nt m.lhod (Thre. Ftctor Of Slngl.
F&ctor)ulfd In th.w computlUon. AI 10 .nl., th. .pportlonm.n proportion (tlc~.lld 10 ".. dtc:lmll pllcn in Inl 5 bllow.
Three Flclor - From insert sheel (RCT.IOG) page 2 or Manufaclulln Exem lIOn Schedule (RCT.l05)
,. Properly factor - Pennsylvania ........... ,. .
b Properly faclor - Tolal ........... .. .. .. .. b . 1 C
21 Payroll faclor - Pennsylvania. . . . . ... . . . . . 21 .
b Payroll faclor - Tolal .................... b . 2c
31 Sales factor - Pennsylvania.............. 31 .
b Sales faclor - Tolal...................... b . 3c
Sin II Flclor - From Insert sheel (RCT.l0G) paoc I or Manulaclulln E.cmphon Schcdule (RCT.l02)
4. Slnglo factor - Numerator................ 41 .
b Single faclor - Oenominalor .. .. .. .. .. .. .. b .
5 A rtionmenl 0 rlion - Also enter on line 16 in Section A above 5 .
Sectl B .,' .'~'l
I Taxlblelndebledne.. (complete Schedule B.l on page 4 ollhe RCT .101.) . . . . . . . . .. .. . I .
2 Multiply line 1 by.OO4 ...................................... . . .. .. .. .. .. .. 2
3 Treasurer's commission (see instruction book.) ................. . . . . . . . . . , . . . . . . 3
4 LOins Tax - Line 2 minus line 3 ........................ . . .. .. ... - 4 .
Form RCT.l01 IN
PA Corporate Tax Report 1998
Corporatien
DAN & TOM'S FOX'S PIZZA. INC.
AccounllO 782 S - 807
00, ~: ~li!'ii;.iS'(; ;~.i!II'~1J' ~ ~i:,j !il~;; "it!\ ;;i~ t,i '1~li ji;l~ ,~i~;i;.~.; S~:f:lJI
_<,. . . .tlt.G
Tmble Period
Endlno
MMODYY
12/31/96
12/31/97
huble Period
BrQlOninQ
Hlllo 01 Elmln I M MOO Y Y
OldeslPeriod - SlarlHero .......... ....... ....... ................. ~ 07/12/96
01/01/97
Addlbonal period. UII u-.s. 'PICIS (skip lin.. " not requlled) . . . . . . . . . . . . . . . . . . . . .
M
Tax Period Ending I
MOO
Pago 2
Y Y
I
12/31/98
TuplY" UII
(Whol. 0011.11 Only)
Book Income
- 3 170.
.10 934.
Otpartm.nl
UII Only
-17 424. .
-31 528.
2.474
-12 744. .
O.
O.
7 183. .
24 607. .
15 895.
15 895. .
11 921.
11 921.
5 961.
(S125 000)
O. .
O.
300. .
-':~..: '..~~:..: .~~:.':'l ': :.. :.. , :'::~.:J~,:'
.
Taxpayer - Check olf All thai are enclosed wllh IhlS lax rcporl
X federal form 1110 or 11105 (required) RCT.I03
Federal Form 1065 LC'S RCT.l0G
RCT.t02
RCT.I05
I REV.238 0 Separalc Company Balance Sheel
! "I Consolidated Balance Sheet rc uired ror arent cor rahons)
PACZOI02 l2i,g,1J8
Form RCT.l01'N
Paoe 4
MMOOYY
PA Corporale Tax Report 1998
Corporation OAN & TOM'S FOX' S PIZZA, INC. AccounllO 7825.807
Tax Pened Ending I
12/31/98
1i~~l{f:I~i!;;JI'lj:,li;;i;~:lil~j'i~l~~I;.j,i;tli~,i': .~. '~7~[!;\
.. . t;-.~ :-:.~~:..-:.< ..~'---~,:+"l'~: ~::-';- ~_' ::.~!"l.=~
. ,Ii'. - . . .". ". ".
1. . "-. : '.' - , . _.r ~ ,-, :' -, '" .; ~ .~. -'J
1 localloncl tl)I'pof.lJon'lltcOfdl.
1900 SPRING RD. CARLISLE PA 17013
3 MtIltlod 01 KCCOOUng, If dln'lfnl Nn IOf fldel'l.
i1tt. .
:: ~ ;(1:
2 COfpofl\lon'. ffeordlln Wt 01:
Robert J. Marsh
SAME
4 loc.allOf1 01 pllnC1p.1 offICI.
1900 SPRING RD. CARLISLE. PA 17013
5 Hn Itdt'I' oove'nmtnl cNno.d Uubl. InCome "0IIQtNl'1"po11tii IOf .ny pliO' p'''od IOf ....nlth "potl. 01 chanot hi.... not bet" Mtd In Plmsyfvan..,' (iNto )'Illlll
NO
6 N.fT'It and AcCOIIIIIO 01 any (.OIpoI'.hon hOldlOQ ,II or . ""PIt)' oIlhe stot. of ttus cOfpofallllfl.
7 O\htl COIPo.,IIOM 01 VrItlld1lhr, COlpoJ.hon owrrrts ,II Of . m'1OI1 01 !hi ,toell. iConlohdaled bollanu lheel musl be submItted.
N.me
AccounllO
Entily 10 (EIN)
Ftleln PA
8 Dale ollncorporalion 07/12 192i 9 Incorporaled undcr laws 01 slate 01 PENNSYLVANIA
10 Pcnnsylvama sales lax license number 80201350
11 B".fdllC"pbanolcorporal..cb~Iy,"Ponnsyl"",J: RETAIL SALES OF FOOD AND BEVERAGE
OutsIde PeMsylv30lJ:
LISI olher slales In which la,payer has aclivlly:
No
If IOcorporaled outside Peons lvanta. does the cor ration sohclt sales In Penns Ivania? Please check
If yes, does the corporalton use:
Please check 0 Employee n An exclusIve sales ,eplcsenlallve 0 An independent sales representative?
12 We!! any Pennsrlval\lllsselJ or actIVItIes of the torporallon sold or ltanslemd to another entlty during the tax yeat71f yes,list the name and address of the new owner.
NO
13 Schedule of real ro rt used in Penns Ivama bwldm s and land
Owned!
Renled
Slreel Address
Clly
Counly
RENTEO 1900 SPRING RD.
CUMBERLAND
CARLISLE
.~.~. . i~1;il.f,;~;j1f,r,;;jifuii:\ - ,jl ji' ',i)~{H!l il!r.iir.'ri.l
'!;. 1!J..IJitJ.lll~@~m~I.'I!f.Ji~J.': "1!P'.'oIl":lMJ1mrif.'?JH
(ForellJn corporations only) Did your corporal Ion have a treasurer or other fiscal officer resident in
Pennsylvania c:oo payino mterest on indebtedness 01 the corporatlon? If answer is No, remaining
questions on thiS schedule do not have to be answered .......... ........,............................."..
2 Old your corporation have indebtedness outstandmg 10 indIvidual reSidents 01 Pennsylvania and/or to
partnerships reSIdent In Pennsylvania? ............................. .,.,..................................
3 Old your corporation have indebledness outslandifUJ held by a trustee, agent or guardian lor a resident
IndlVlduallaxable m its own rlQht or by an executor or admlOlslJator of an estate wherein the decedent
was a reSident 01 Pennsylvania? ...........................,... ....,.....................................
11 the .nswers to uullon 21ndlor 3 were 'Yu', continue below.
4 Amount 01 interest actually paid on 5 Rale of in Ie rest appllc.::able 10 the
the Indebledness In quesllon 2 or 3 mdel)ledness In qucshon 2 or 3.
durmQ the tax period reported.
10
20
Ves
o No
IRl No
Yes
30
Yes
6 Nominal value of laxable indebledness
(divide 5 into 4) enlar lotll of Ihls column
In SecUon B on pago 2.
Total
P~CZO'04 1;o1~8t98
,
,
n:
IRl No
PA.20S.
A Ccwpclf.l. NMnt(I)
Pennsylvania S Corporation
Information Return
For cII.nd.. year 191J!. or lax p.riod beginning ,19
endln .19
Corporalelnlormlllon - (Plea.. print or typ.)
C AccOIIillO
1998
~lHOFPfIM'lI.VNM
DEPARTMENT OF RfVfMJE
~ou 11'9 musl me In
CT.l0l (PA Corpora Ie
IX Repoi1)
DAN & TOM'S FOX'S PIZZA INC.
a Sir,,' Mdr.u
399 OXFORD RD.
....
GARDNER'S
11111
782S-807
o Enllft ID (EIN)
llPCI1Jt
P 17324
Part I Pass ve Investmenllncome Tesl s..lnstrucllons V. rIm.nt Us. Onl
1 Gtossr.ceipls ................................................... .... ........... S 291.883.
2a RoyalUes .................................................... S
2bRenls ,...... ................................................ S
2c Dividends.... ................................................ S
2dAnnuiUes .... ................................................ S
2.lnl.resl......... ........................... .................. S 85.
21 Gain on sal. or exchange 01 slock or securlUes ................. S
3 Tolal passlv. Inv.slm.nllncome (add lines 2a IlvoU<,jh 2Q .......... . . . . . .. . . . .. S 85 .
4 ~ivide Iin. 3 by lin. 1 .......................................... ............... SO. 0291 %
II line 4 Is equal 10 or smaller than 25%. the corporalion has passed Ihe pasSlv. Inveslmenllncom. l.sl.
Compl.le lhe remainder of the PA.20S r.lurn. Illin. 4 Is orealer Ihan 25~.. lhe corporatron may nol reporllls
Income as a Pennsylvania S corporallon. See 'Effect of ExceedIng Passive Investment Income Limitation'
in Ihe CT. 1 PeMsylvania corporation la. bookie!.
Part II Delermlnlng Total Net Profits from Business, Profession or Farm Activities
(SI.lnslrucUons)
1 I Tolal nel profils from business profession or larm activities.
(From REV.l680. Schedul. c.I' R.conciliation. Pari B.llne 7) ................... 1 I -17 509.
1 b ~:t~~':c'r,.~~r~l~:.~ ~~ ~.e.~~I~~~~: .(~.~~ .i~~~r.~I~~~~.'.o.r. ~~.'~ .I~..trne.lb.~....... 1 b
1 c Total adjuslcd n.l profils from busin.ss. profession or farm (subtracll,ne Ib
fromlin.la ...................................................... . ... Ie -17 509.
Part III Delermlnlng Net Business Income/Loss Allocable 10 Pennsylvania
(lImlled '0 certlln corporlllons. S.e Plrt IIIlnslrucUons)
2. Enler Ihe amounl from REV.1681. Schcdule H.line 7 .................. ........ 21
2b Apporlloned partnership Incom.. (See inslruclions. Part III, line 2b) ............... 2b
2c Previousl}' disallowed eNl deductions allribulablelo Pennsylvania source
Income. (Se. Inslruclions for .pari 111. line 2c) .. . .... .. .. .. .. .... . . .. .. . 2 c
2d Total adjusled and apporlioned business. prolession or farm Income
add lines 2a and 2b and sublraclline 2c .... ............ .................. 2d
Part IV Olher Personal Income seelnslructlons
3 Inler.sl...................................................................... 3 85.
4 Dividends........................... ......................................... 4
5 Net gains or Income, less net losses. from the sale, exchange or dlspcsl110n
01 property (attach federal Schedule 0 and/or federal Form 4797) ................ 5
6 Net gains or income derived from rents, royalties. palents and copyrlghls.
(FromREV.l680. Schedul.E. line 5) ........................... ...... 6
7 H't O'i" 01 incom. derived Itv1>UOh nUl.. or Irulb. (from RlV.168O, Sthodull J) ............... 7
8 Tolal olher rsonallncom. add lines 3 Ilvo h .. . .. .. .. .. .. .. .. .. 8 85.
Part V Allocable Other Personal Income L1mU.d 10 certlln cor or.lions. See Plrt V Inslructlons
9 Net gains or Income, less net losses. from the sale, exchange or dlSposlhon 01
properly InPeMsylvanla............. ....... ........ .......................... 9
10 HII oalna 01 income derived 110m "nb, rovalb". pllenb and coll)'flOhb In Penns,lvan" 1 D
. 11 Nel Penns Ivania source Income derlv.d Ilvo h .slales or Irusls . . "
Part VI Total Co orate Income/Loss ...Instiuctlons
12 Corporal. book Incomenoss (se. inslruclions lor line 12) ......... . ........ 12 -17 424.
13 ToUI "porUblICOIporal. incom./IolS. (Add I".. Ie Ind 8 - Enler here and on Pari X. Ii", I) .. 13 -17 424.
14 Non.re rtable cor rale incomello5s see inslructions for line 14 14 O.
PA5AOII2 1212Bt95
Form PA.20S 19.9B' IN DAN 8. TOM'S FOX'S PIZZA. INC. 25-1794087 Paoe Z
Part VII Oeterminir1ilPass-Throuah Credl1Slseelnstructlonsl- Oeolrtmenl USIOnly
151 Residenl shareholder tax credlls (lrom REV.l6BO. Schodule G) .."........... 151
15bl Em~'oJ,menllnCenlrv. Paymenl (EIP) Credll
(SC e ule W inslrucllons) ...... . .. . .. . . .. .. .. .. . . I
II Jobs Crealion Tal Credll . . .. . .. . . . . . .. . .. .. .. .. .. II
III Wasle Tire Recyclin<;l Acl .. .. . . . . . . . . . . . . . . .. .. . .. III
1111 Pennl~Vln" RlIllrch Ind OMlopment Tla Crldll .......,.. 1111 15b
15c PennsvlviJOIa S cornnratlon taJt wllhholdmn for nonresident Sh.lfCholdcfS ...... 15c
Part VIII Shareholders' Olreclorv tseelnslrucllonsl
(A) (B) (C) (0) (E) SharlS
No. SSN or EtN Nlme Ind Address Type No. %
1 Lultl'me '.s'flame M...kUelnlhll
See Shareholders' Dlrectorv Statement .'
TtltptOlf Numbl. Strul c,~ Slit' ZIP Cod.
Z LIIIH.."" 'uIN.."" MllkJlelMI.1
Tc It phone Uumbtt SIlII' c,~ Sutl ZIP Cod.
3 La"".mt h,INoIlM M.ddl, IMI..I
1.ltphont N~f 511111 c,~ SUII ZIPCodl
4 Latl Name '.,INMN MIlklI,ln'h..1
Ttltptlont"'umbtl SIIttl C,~ Stll. ZIP Code
5 lutU.me '..,lrbmt Mlddlelmll.1
TtlcphOn. H~be' Sll'" c,~ . Sui. Z!PCode
Part IX Coroorate Olstribulionslsee Inslructlons
'A' Amoun' Olle {BlTvoe (C) Pro-R"'" OlslrlbuUond
1
Z
3
J.otal NRC (NonllXlble Relum 01 CI~I,I.I) Olstrlbullons Total
enter here and In ParI X. line 4 below .. .. .. .. .. .. .. .. .... $ Olvldends $
Part X Corporat)~.n's Pen'nsylvanla Accumulaled Adjustmenl Oeplrlmentll Use Only
Account seelnslructlonsl
1 Balance al beginning 01 year................ -15.675.
Z Tolal reporlable corporale incomelloss
(lrom Part VI. line 13) ...................... -17 424.
3 Add lines 'andZ .......................... -33 099.
4 DlSlflbuhons other lhan diVidends (lrom lolal
NRC dlSlflbulions. Pari IX above) . . . . . . . . . . . .
5 Balance a{,year's end (subtract line 4
from hne 3 ................................ -33.099.
i
,
i
Part XI Signature and Verification (seelnslrucllons)
Under penalltes or perjury, I declare that I have examined this return. Int:luchng accompanyino schedules and statements, and to the best
01 my knowledoe and behellllS Irue. correcl and complete. This ronm Musl be Signed by. Corporale omcer.
PI.,..t COI'POI&t. OH"'..'''&nIt SlIJo.Jl",e of pt. ""lion oftlllhich preparlf ha tnt knowtedge.
Corpoute Olnul", Slonatute
Strttl AddIUS
Tille 157 S. HANOVER ST.
Cdy ..... ZIP Code
O&le CARLISLE PA 17013
T.ltpllOnt Uumber 0...
(717) 243-8077 02128/99 ..'
PASAQI12 I 212M!
Telephone Numbt'
(717) 240- 724S
WCh1dITl~'WK. 1/PA-20S
Pennsylvania Residents
.
~~01POMYlYNU.
OEPAATNEHT r:I REVEMJf
Resident Shareholder's
Share of Income,
Loss and Credits
1998
be Innln
For calendar yearl9~ or I.. Yllr
19 endln ,19
Part I
GenorallnfonnatJon (Iealnllructione)
184-52-2756
7825-807
THOMAS E & MOLLY SMYERS
399 OXFORD RD
DAN & TOM'S FOX'S PIZZA, INC.
. ,
399 OXFORD RD, '
GARDNERS
PA 17324
Part II OlslributJve Share (sealnllructionl)
GARONER'S
PA
17324
I OlllrlbutivI sharlUems b Column c comls from
. Pro.'llllhare or
PA.20S Plrt Number:
1 Net prolils from business, prolesSlon
orfarm .............................. Pari II line 1 c
2 Inleresl .............................. Pari IV, line 3
3 Dividends........................... . ParI IV, line 4
4 Nel gains or Income, less nellosses,
from Ihe sale, exchange or dispoSllion
of 0 r .................... ....... Pari IV, line S
S Nel ~ains or Income derived from rents, .
r alies lenlsandco ri hIs ....... Pari IV, line 6
6 Nel ~ains or Income derived IlvoU<,jh
esla es or trusts..... ........... ...... Pari IV. line 7
c Amount
d PA-40 Ind PA-41 m....nl..
the Imounlln column c from:
Net prolrls 01 (loss) from !hi o,,"bon 01
. business ISslon or farm
(See PA-40 and
PA-41 Instructiom
CSee PA-40 and
PA-41 instructions
Nel gain or Qoss) from Ihe
sale, exchange or dispoSllion
01 0 r
Nellncome or Qoss) from renls,
ro allies lenls or co ri his
-8 7S4,
42.
Eslale or trusllncome
Part III
Credits (sealnslructlons)
7 Residenl Shareholder Tax Credits. . . . . .
81 Employmenllncentive Paymenl
Credil.l.............................
II Jobs Creallon Tax Credil ..............
111 Wasle Tire Recycling Act. . . .. . . . . . . . . .
1111 Pennsylvania Research and
Oevelo enl Tax Credll ...............
CSle PA-40 end
PA-41lnstructlons
Pari VII, lSa
Pari VII. line lSb.
Part VII, line 15bll
Pari VII, line ISbill
Schedule W - line 19
Part VII, line 15bllu
Part IV
OlslributJons (sealnslructlons)
9 Nonlaxable relurn of capilal
distribution '2.........................
Pari IX, NRC lolal
10 Dividend distribulions '3 ...............
CSee PA-40 and
PA-41 Instructions
Pall IX, dividend lolal
Part V
Nonlaxable Corporate Income/Loss (see Instructions)
" Nontaxable cor rale Income/loss '4 '" ParI VI, line 14 O.
'1 The shlrehotd.. should Include this Imounllnd Iny olher IlIowlble EIP credll on Schedule W, line 19 Ind compleltlllntlZO. 25 01
Schedule W.
. '2 Those dlslrlbullonl Ire nol'oxlble os dlvldlnd., The dlstrlbullen, however. will reduce your blsllln the slock 01 the d1ll11ll111lng
PA S Corporation. If the dll'rlbutlonsexceed yourblSllln the stock 01 Ihe PA 5 Corporation,thay Irt taxable
as gllnl on the nle or exchlnge 01 property,
'3 The.. dlllrlbutionl Ira Ilxlble IS dividend..
'4 Thts Income Is nollubJeclle Pennsylvlnll Pe..onlllncome T", however, Ihls Imounl w1l1lncrt.,,'hl basle of sIeck In the
PA 5 Corporation,
PAIZIIOI 01/10198
"
.,
'gc/'~~JI~'WK.l/PA.20S
Pennsylvania Res1denls
*
C~TH CI P[,*"VlVANIA
OEPAnTJ.EHT C# ntVEM1E
be Innln
Part I
Gensrallnformatlon (uelnstyucllon.)
203-52-1224
ROBERT ], HAR5H
11 S, RIDGE ST.
BOI LING SPRINGS
PA 17007
Part II Olslrlbutlve Share (soelnslrucllons)
I Olslrlbullve share lIem.
Net prchls from business, profession
or farm ..............................
2
Interest.,................. .
3
4
DIvidends .................. .....,...
Net Qams or Income. less net losses.
hom the 'iale. el(cha~e or disposItion
or fa r ...........................
Nel Qams or income denved from renls.
lOyalties, palents and copyrights .......
Nel gains or income derived UvoUOh
eslales or trusts .....,......".,......
5
6
Part III
Credils (seelnslrucllons)
7 ReSldenl Shareholder Tax Cred,ls ......
81 Employment Incenllve paymenl
Cred,l"l ................... ..........
II Jobs Creation Tax Credll ..............
III Wasle Tire RecyclinQ Acl ..............
lIiI Pennsylvania Research and
Oevelo men! Tax Credit. . . . . . . . . . . . .. .
Part IV
Oislributlons (seelnslrucllons)
9 Nontaxable return of capital
dlSlubullon ~ . . . . . . . . . . . . , . . . . . . . . .
10 Dividend dlslllbutlons -3 ..... ... .... ...
Part V
Resident Shareholder's
Share of Income,
Loss and Credits
1998
For calendar year 192.!!.or lax yur
119 endln
19
7825-807
DAN & TOM'S FOX'S. PIZZA, INC.
399 OXFORD RD.' .'
GARDNER'S
PA
17324
b Column c comes from
I Pro.rlt. shire or
PA.20S Plrt Numbe"
c Amount
d PA-40 Ind PA-41 filers enter
th. Imeuntln column c 'rom:
Part II, line Ie
-8 7SS.
43.
NIl profrls or (loss) Irom II'< cpellbcn 01
a btniness rofesslon or farm
(See PA-40 and
PA.41 Instruclions
(See PA-40 and
PA.41 instruclions
Nel gain or (loss) from 100
sale, exchange or disposition
Dr ro r
Nel income or (loss) Irom renls,
ro allies lents or CD ri his
Part IV, line 3
Pari IV, line 4
Pa,tlV. line S
Part N, tine 6
Pari IV, line 7
Estale or lrO$I income
Pa,l VII. lsa
(See PA-40 end
PA-41 instructions
ParI VII, line Isbl .
Pari VII, line ISbll
ParI VII, line ISbill
Schedule W - line 19
Pari VII, line 15bllll
Pari IX, NRC lolal
Nonlaxable Corporals Income/loss (seelnstruclions)
Part IX, dividend 101.11
(See PA.40 and
PA-41 instructions
" Nonla,able cor rale .ncomel1oss"4 ... Pari VI, line 14 0,
"1 The shareholder should Includelhlslmounllnd Iny other IlIowable EIP credit on Schedule W,lIne 19 Ind complelellnes 20.25 of
Schedule W.
"2 These dlslrlbullons Ire nolla..ble as dividends. The dlstrlbullon, however, will reduce your basis In the slock of Ih. dls'rlbullng
PA 5 Corpollllon.II Ihe dlslrlbullons exceed your basis In Ihe slock ollhe PA S Corporallon, lh.y Ire 'oxlbl.
IS gains on Ihe slle or exchange of property.
'3 These dlslrlbullons are 'oxlble as dividends.
'4 This Income 15 nolsubjecllo Pennsylvlnll Personlllncome Tax: howcver,lhls Imounl will IncruseIhe basis of slock In Ih.
PA 5 Corporallon,
PAIIIlOl OJI10198
DAN & TOM'S FOX'S PIZZA. INC, 25.1794087
PA.20S. Page 2. Part VIII
Shareholders' Directory
B C D E
SSN or EIN Name and Type Shares
Telephone Address No. %
Number
184-52-2756 THOMAS E & MOLLY SMYERS .!li- 50.00 50.00000
399 OXFORD RD
GARDNERS PA 17324
203-52-1224 ROBERT ], MARSH .!li- 50.00 50.00000
11 S, RIDGE 5T.
BOILING SPRINGS PA 17007
.
.
,
IC';!?Finandalli"ust ~~
l ~., '^_CDm_"&~
1415 lITKEK HIOHWAY
.. CAlLISLK PA 17013
rEDKlAL ID 10, 23-0466120
,. :"THisSTATEMENiIS IN LIEU OF A lo99'iNTFoRM!
. (IRS OMB NO: 1545-0112) AND/OR, :I098.JPRM
.(IRS OMB NO: 1545.0901) FOR CALENDAR YE~R,
.' . ~ ~ . .',. I .:r,. !'.'.~~ ".~;.~}/:.'
. ,
'JI ~', ' ,.' .
1998
"
PHONEI 717-240-4522
SEE BACK FOR PERTINENT TAX INFORMATION
SOCIAL SECURITY I EMPLOYER 10 NUMBER
,
25-1794087
111.11I11.11I......111111....11.1111.1.1..1.1.1111.11..1111111
DAN & TOM FOXS PIZZA
1900 SPRING RD
CARLISLE PA 17013-1155
REPOST ANY ERROR WITHIN TEN DAYS
........ FORM 1099 INTEREST .........
TYPE OF ACCOUNT ACCOUNT STATUS BOX 11 EARNINGS BOX 21 BOX 41
NUMBER FROM BANK DEPOSITS EARLY FEDERAL
BEARER CERTIFICATES WITHDRAWAL INCOME TAX
OF DEPOSITS. ETC. PENALTY WITHHELD
CHECKING 6319677 OPEN 85.26 .00 .00
TOTALS I
85.26
.00
.00
.
May 7,1997
Mr, and Mrs, Roberl Mar6h
11 Soulh Ridge Road
Boiling Springs, PA 17007
RE:
Properly -
11 South Ridge Road
BCllllng Spring, PA 17007
MARSH, RoberllKalhleen
97-0262
Borrower.
File No.-
Dear Sir or Madam:
In accordance wllh your requesl, I have per60nally Inspecled and prepared an appraisal
reporl of the real property located at:
11 South Ridge Road, Boiling Spring, PA
The purpose 01 this appraisal is 10 estimate the market value ollhe property described
In the body 01 this appraisal report.
Enclosed, please find the appraisal report which describes cerlain data gathered during
the Investigation of the properlY. The methods of approach and reasoning In the
valuation of the various physical and economic lactors of the subject property are
con<<ained in Ihls report.
An inspection of the property and a study of pertinenl factors, Including valuation
trends and an analysis 01 neighborhood data, leads the appraiser to the conclusion Ihal
the market value, as 01 May 5, 1997, is :
$110,000
The opinion of value expressed In this report is contingent upon the Limiting
Conditions attached 10 this report.
It has been a pleasure to assist you; if I may be 01 furlher service 10 you in the fUlure,
please let me know.
Respectfully submitted,
Steven W. Barrett Real Eslale
/L..~ .-1
JJ. " _
/" I
.
DEFENDANT'8
EXHIBIT
~L
AU...,Afll.IIott ..."..rCG.
DIANE GILL
PA Certification IIRL-001579-L
t
I
I
;
APPIlAISAL IlEPOIlT
or
RANCH STYLE RESIDENCE AND 0.36 ACRES
LOCATED AT
II SOU I H RIDGE ROAD
BOILING SPRINGS, PENNSYLVANIA 17007
PHI:PAHI:IJ 1-0H
ROBERT J. MARSH c/o
maMAS J. WILLIAMS, Esa
AS OF
NOVEMBER 19th, 1997
BY
BARRY A. LOUDON, BROKER/APPRAISER
COMMERCIAL INVESTMENT REAL ESTATE
25 WEST POMFRET STREET
CARLISLE, PENNSYLVANIA 17013
?
APPHAISAl CERTIFICATE
I am a Ilcanlllld RlIlll Edala BrQkar NQ. llB-044382-A and a Ltcanw BrQkAr/Allllrat~r NQ.
BA-005153-I, Itcensed by the Commonwealth of Pennsylvania. I hllVe ecllvely been engoged tn
the real estate business In tho Central Pennsylvania area for the past eighteen years. I am
thoroughly faml11er with real ~tatc veluc~ in thi~ area.
I horeby cerllfy that I have no financial Interest, present or contemploted, In this property, and
that nolther the employment to mako this opinion of value nor tho compensallon therefrom Is
conlln~nt upon tho value reported.
Sincerely:
~/J~L
Berry A. louoon
Broker, Appraiser
,
I hereby certify thot upon appllcction for valuation by:
Rober I J. Marsh
In compliance with your requesl. I have compleled an Merket Dolo Opinion of Veluo of:
alllhet certain trool of land with Improvements thereon s1tuala In tho vt11age of
Boiling Sprlnas. South MlckJleton Township. Cumberland County, Ponnsylvenla
commonly referred to lIS 11 Soulh RltiJe Ro/Xl and being recorded in the
Cumberland County Tex Assessmant Office es parcel #40-29-2482-084 and
recorded In the Cumberland County Recoroor of Deeds Office In Book 32M, Page
642.
The valua shown below has been arrived at aller study of the location, type of Improvements, their
present physlcel condition and their present use. Therefore, I beHave this to refloot B true
measure of the present-day Market Value as of November 19th, 1997.
ONE HUNDRED THOUSAND DOLLARS
S 1 00 ,000.00
HIGHEST AND BEST USE
I
!
;
,
I
!
Htghestand Best Use Is ooflned by the Appralsel Terminola;w and Handbook, published by the
American Inslttute of Real Estate Appraisers, es "the most profitable likely use to which a
property can be put". The opinion of such use may be based on the highest and most profitable
continuous use to which the property is cmpled and neeOOd, or likely to be In oomand, in the
reasonable near future.
However, elements affecting valuo that depend upon events or a comblnallon of occurrences which,
while within Ihe realm of possibility, are not felrly shown to be reasonably probable, should be
excluded from conslooratlon. Also, if Ihe Intended use is dependent on an uncerlaln !let of another
person, the Intention cannot be considered.
Based on the ebove definition end after seeing the site, nelghborhcxxl, and area, it is my opinion
that tho present use of the subject Is Its Highest and Best Use.
IMPROVEMENTS
Tho subject property W8S improved in I Q66 with a Ranch style homo sltuato on 0.36 llCras. Tho
oxterlor of the buHding Is brick. The building contains a total gross living erea of 1,144 squaro
feet. The building is constructed on a concrete block roundal1on. Tho f1rsl floor IncluOOs a kitchen
with woOO cablnots, refrlgJrator and rangJ. There Is a dining area off of the kitchen, There Is
living room, femlly room, three bedrooms end e bethroom. In tha full pertlelly finished bll5ement
there Is e 3/4 bathroom, recreal10n room, leundry room and slor~ erees. Ceilings in the first
floor ere Insulated. The gable style roof is 5urfoced with asphalt shinglo and exterior lblrs ere
metelllOd woOO end there ere slorm seshes on ell wln00w5. Inlerior wells end call1ngs ere of plester
boord, flooring is woOO, ceramic tHe and v1nylln tho In the bathroom and kitchen. Interior trim Is
of wood. The gulters endOOwn spouls ere elumlnum.
Heating Is provided by en 011 forced hot air system. Plumbing is copper Public utHI\1es at the site
IncludB electricity end telephone. The house is serviced by e public weIer end sewer system.
Insulation, workman ship and interior IIxtures ere 6Var~ In Quallly. All other Improvemenl5 are
In fair condition 0'1 the interior and exterior end all mechanical systems are essumed to be lOlQuate
end In felr opereiing condition.
; r
VALUATION
'.1.
! .
In tho veluel10n process, this epprelser consloored tho eppl1cel1on of the Merkot Dete Approoch.
THE MARKET DATA APPROACH
In errlvlng et this conclusion of the veluo of the subject property, your epprolser mOOe a survlly of
properl1es thet hllVe been sold wllhln the general aree. As 1I was impossible to find an l00ntice!
proporty to thet of the subject, since no two buildings era ever ioonl1cel, It wes necessery to meko
lKljustments on eoch compareble sale as related to the subject property. Consioorel1on wes given
end lKljustments wero mOOe on eoch compareble sale as to limo of sale, size, locel1on, end ullllly, as
well as ell other fectors thet mfghteffect velue. After making ell of the necessery lKljustmonts, es
explained, 1I Is your appraiser's conslOOred opinion that the Fair Market Value of the subject
property by the Market Data Approoch Is:
AS OF NOVEMBER 19. 1997
ONE HUNDRED THOUSAND DOLLARS
$100,000.00
A resume of some ofthe salas conslOOred by tho epprelser is as follows:
CONTlNDENT AND lIMITIND CONDITIONS:
The cerllflcatlon of Ihe epprolser eppearlng In Ihe epprelsal reporlls subJocl the 1M following
conditions end 10 such other spoclflc and limiting conditions as sel forth by Ihe Appraiser In the
report.
1. The Apprelser assumes no responsibility for mellers of e legal nelure affocting Iha property
eppralsed or tha title lherelo, assumed 10 be ~ end markelable. The property Is appraised as
lhough under responsible ownership.
2. Any sketch In the report may show approximate dimensions and Is Included to assist the rmr
In visualizing the property. The epprelser has mlrll no survay of the property.
3. The Appraiser Is not required to give testimony or appear In court because of having mlrll tho
appralsel with reference 10 the properly In Question, unlass errangements have been previously
mlrll therefore.
4. Any distribution of the valuation in the report between land and Improvements applies only
under the exlsllng program of utilization. The separele valuations valuations for land and building
must not be used In conjunction with any other epproisel end ere Invelid If so used.
5. The Appraiser assumes thet there are no hlctlln or unepparent condit Ions of the property,
subsoil, or subslruclures, which would render It more or less velueblo. The Apprelser assumes no
responsibility for such conditions, or for engineering which might be required to discover such
foctor.
6. Information, estlmales, and opinions furnished to Ihe Appraiser, and conlalned In the report,
were oblained from sources considered relleble end believed 10 be true end correct. However, no
responstbll ity for accurcq of such items furnished Ihe Appraiser can be llSSumed by tha Appraiser.
7, Disclosure of the contents of the appralsel report Is lP'Ierned by the Bylaws end Regulations of
Ihe professlonolappralsel organizations with which the Appraiser Is affiliated.
'-":;
f.~'
APPRAISAL QUALIFICATIONS
Appraiser
BARRY A. LOUDON
Licensed Real Eslale Broker No. RB-O'l'l362-A, Commonwealth of Pennsylvania.
~
LIcensed Broker/Appraiser No. BA-005153-L, Commonwealth of Pennsylvania.
Actively engaged In the real eslate business for 18 years and thoroughly familiar with real estate
values In tha Cenlral Pennsylvania area.
Bochelor of Science in Business Administration, Real Estate maJor, Shlppen5burg University,
Certiffoo by tho Commonwealth of Pennsylvania with Full Approval es an occrooltoo Real Estate
Instructor for, Real Estale Appraisel, Real Estale PrCX:llce, and Principles of Real Estata.
,-
r
Employoo by Herrlsburg Area Community CollBCJl es e Lecturer, instructing occrooltoo courses In
Real Eslate Appralsel, Real Eslate Manlll}!ment, and Principles of Real Eslale.
Employoo by The Institule of Real Eslele Sludies as a Leclurer, Inslrucllng occredited courses In
Real Estate Proctice and Principles of Real Estale.
Successfully compleled Ihe Sooiety of Real Estate Appraisers Course 10 I, required as 0 ClIlldloota
for the Senior Resloonlfal Appraiser, (SRA), 00510nallon.
Successfully completed Shlppensburg University's Real Eslate Appralseland Investment Anol~f5.
Retained es an expert witness In Cumberland County Court of Common Pleas.
REFERENCES
Available on request.
<
SIt/GlE FAMll Y COMPARABLE RElIT SCllEOUlE
97-02B2
TI'I~ 1.11111 Is illw'o.!<id ~l 1"lv..~JoJ UI<J 1lI-'l,f,Il:>l.Il'oIU, 41 1.11I"'''11 hl!~,1 l<Ill,.I~I"llo IIlt1 IIWI~IIIIUfI' {,I III.' "~1vcl l~jJl""I.,. At~l/~tl1"'~lb .1~1I""1
lltl ""1(101 Ot~1 101' ilOllt5 (" !;'l1~ho::'i'" IWvlltl1o:" IllJl....''''"l thu r'.I~~u,ltAI,' ,llIi' lho ald1ucl 111'111111
ITEr.. 5lJUIECr
",Will 11 SouLh Ridge Rd
Bop In~ 9pdn9'~
1'!l,w,,,r/lr,SoIl>,f,1
IWI "Ultl_~,nl
1141.hlu(~I""1
1lI11~H.~ lI,nlJ,1
.,u unl,n
1~lnlt~1I
"41,,\1'4
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ll.ltJoSl.I.'If
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tnJ,ur,~IJOnllily
'J,,~.l fll~l
II/A
ilIA
n L~lI"'lt~
IWIld I
ilIA
ill/A
, ilIA
Inapel:t.1on
ll~~~,,~r~
Averag_
Nd8 J dunL h 1
Panch
utA
31 Yu. mil
AvoralJ~ ,
L._ I 1IJ'1.'_8'1'1
7 I J I 1
1,312 SQ II
Fuii Da~tl
.rn/<?r!'In~dth
1 Car Garag.
~~o~plr~ .
COI.II'AnA!ll 1:"0 I
Slis Durn-Lhouu, Roal.l
Carlhl.
5 m! lu~ mIl
199'/
1~!.H1
$ I, 100
ilIA
S UIA
5 1.100
Tenant
11,1((11.1,,,,,
.IISAJI
COMPM1AUl t IlO 2
282 ra!~yl~w R).~
Carlhle
2 mllua mil
1997
1990
, sso
H/A
'H/A
· B50
Managar
llllt"~IIO"
H/A
H!A
Averago
Residonth I
2 Story
l!/A I
12 Years mIll
Ayoragu I
I~:" . ll.l", . lI.~, .
-25
-75
6 I J II,S
1,568 hll
Full Damtl
Unfinished I
1 Car GaragQI
Porch/CA I
1'1, j"x I.
COl.1PAnAOl t tlO :I
531 Llme.ton. D..
C.rlhle
2 mllua mil
119B
1999
· B50
iliA
I N/A
I B50
Hanagur
"I SAJI
tJ'U'I~I<Gtl
H/A
~/A
Avorage
Rollidential
Panch
f.J!a 1
20 Youa mIll
Av,!raglt I
1".Ill.l"'II."I'
'11$AJI
iliA
H/A
Averaya
Rull!dulltial 1
2 Story
iliA
5 Yuara
AVQr~CJt.l
I.,' 111.:"1111..'" I
5 I 3 I 2.51
1,612 511 11 I
cOull n~mt., I
Family room I
2 Car Ciolraql:d
Pr/Ok/f'P/CA I
J k.I~J:
-25
125
975
-10 6 I 3 I 1.51
-75 ~, 2~8 s~ 'II
Full ,
115 FR/~drm I
1 Car GAraget
CA ,
70 Ck .!~t I
7BO
-10
10
B40
r.t.mm,nll DII nlltUI dJIJ. tIl,!..J"'i1 H.. '.1";, 1l1!f"1~ lilt ,,".1, '.I"'I:llll"~1I1.., .I" Ul,m.ll, tl WUJ"'l' 'll' 51nWI.IU:llly 11r.1.1l-1l0j:,ll'U. I~. genfU' It,nd 01 ""lllnJ VJ:J~~,/. JnJ
'IIPt-<ltl '~III" 10011 Ut."I!hl,'b (Il~nl Cnn~'IIJOO"t(l~IJ r.. IJI~llcJ lull,. ~14,k.l. IIlJI III l"f '~~lftll-i'u:>C!l/l All ranta la ~ro from the ~ame
mar~~~_ a~~~:. v~~,,:~cy !'..te.!~ ~~5' and markot is atable: rental range is $?~O to $97~. Rantal
rates ~~v~ rOll\alnu~J ;staLla OVQr tho paot two yuars.
rlnJl Rmr.(,j.JI~m~II.lJ!~.HII"1. With ~1l1ju!lt~nta all renta~ .comp,,:ra~~e~ aro accop~abl8 .lor thh ~nalyah,
ThIs rontal value r~ngo rellecta ~rket rent.lvaluG tram 1997. to 1999. No movemGnt la
rna~~ot' ~O~~!1oto~ for t~e p~~~ ,t:~~ year~ ~ It ther~ ia ._.~y ~ncru~,,~, . !.~ is l!~~gh!=-. I loal
~8~9.!~ ~c:c;!'lph~~I!.~~r+.t;IIl~ p~at. two ya~n.
I(WE) EsnMAtE TIlE I.lOUTltLY "'AAKET nEur OF tilE SUBJECT AS OF February
A~IHlll.th~. -;-:::> Aelll" Apptl'lfll" .p~lul.ltl
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SENO INQUIRIES TO: STATEMENT OF ACCOUNT
~
SEE REVERSE SIDE FOR IMPORTANT
INFOAMATlON REGAROIHO YOUR
RIGHTS TO DISPUTE B1LUNQ ERRORS.
~ ~2~~c~~9n~o~
.... M""bIr founded - SmIk. bas<<I.
P.O. BOX 1 leI
CARUSLE, PA 17013
717-240.11181
~
SEE REVERSE IIOE FOR IWPORTAHT
LNFOAMAT1ON IN CASE OF ERRORS OR
ouesT1ONSAEIOUT YOUR ELECTRONIC
TRANSFERS IDENTIFIED WITH LEmRS "EFT
SSN: 167-54-5549 FORYOURCONVENlENCE.AFORMFO
BAlANCING A eHARE DRAFT ACCOUN
IS PRINTEO ON THE REVERee.
1960 12/01/1998 - 12/31/1998
OWNERSHIP OF SHARE. ::)EPO~T AND CERTIFICATE ACCOUNTS SHONN ON THIS STATEUEHTIS NOT T~SfERA8LE EXCEPT ON THE BOOKS OF THE CREDIT UNIQit.
~l:' '.' ,.....~ "I<'m~ "I"1iw=-r"I'~'i~:;::~/.":'~IloIlAHCE/
KATHLEEN S MARSH
ROBERT J MARSH
11 S RIDGE RD
BOILING SPRINGS PA 17007
MOlIERHUUBDt \~. --=\';:;':'( '~i8TA~~RkX)..
..,
***IMPORTANT TAX FILING INFORMATION MAY BE ENCLOSED (IRS FORM #1099 INTEREST
EARNED AND/OR FORM #1098 - MORTGAGE INTEREST PAID). RETAIN THESE COPIES FOR
TAX FILING PURPOSES.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
12-01
12-31
SHARE 01. . REGULAR SHARE ACCOUNT
PREVIOUS BALANCE
> A DIVIDEND OF 71.16 WILL BE POSTED TO THIS ACCOUNT ON JAN 01 <
NEW BALANCE. " . ~ .::: :~.';:~,-..'
>> YEAR-TO-DATE DIVIDENDS THIS' ACc;oQNT',. >. .' rY 283.81<<
- - - - - - - - - ;.".;- .- -, -.:.- .~ ..-:" :~>i"'~':\ ::.:.~:;~-.. ~ .'- - - - - - - - - - -
SHARE 07..SHARE DRAFT ACCOUNT. ..,.,...."..".:,;.
, ..' '.:- \.' "" ," ,'.' .
PREVIOUS BALANCE " :' , . '.' .:. ,::.::' ,/':' i\.' ,
NEW BALANCE '1. ." . ". < ~. ~::;.:::~T,~'~:.'~' .
>> YEAR-TO-DATE DIVIDENDS THIS ACCOUNT .00 <<
8910.5'.
12-01
1.2-31
8910.51
212.86
212.86
- - - - - - - -
$ 283.81
$ .00
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DEfENDANT'S
EXHIBIT
'E-'2.
ALWTAII LIGM....... y CQ.
. I
I
I
. ~
· ~ lfi()~~ /..!,.J,J/ Y)J< ;.
)' ;;1/ - ] J:o.....
:,. VIZ~
Bob Marsh 1900 Spring Road i
Tom Myers Carlisle. PA 17013 t.
(71~) 258-1900 ..
f
I
,
. .
D~DANT'S'"
EXHIBIT -,.>,;
I' ...,
; ,<. ' Fr~:~;':_~:~!J'",;,
" -, 0> ....,...._ ..,_L
).':.~;'_'~
.......".....UitriXi,!'~
i
I
f 'f1U.S Il^TMII_I:'(jt~IK)(''I'l.7~(j''''''"11W IJr
rlr.lrJ lIJ'~\l'l'llIlZ(j 111'''1
MrUln! U.\.'II,'I"tlllI ZJAM
fERSO.lSAI. PROPERTY APPRAISED BY ROWE
KITCHEN
fm~ H ushand Will:
Microwavc, Frigidairc $25.00 $25,00
Microwavc cabinct 550,00
Small elcctrical applianccs 540,00
Pots, pans, baking dishcs 526.00
Mise, glasswarc 518.00
Misc. china $24.00
Small kilchcn acccssorics 520,00
Crafts & dccorators - kitchcn S8.illl S8.illl
TOTAL $58.00 $161.00
Yalw:
$50,00
540.00
526.00
$18.00
$24.00
$20.00
$1600
$219.00
DINING ROOM
Property Hushand Will: Yalw:
7 pc dining room suitc, Lanc (5 chairs) 5265,00 $265,00
Dry sink, oak 555.00 $55.00
China, scrvicc 12 $28,00 $28,00
Plant hangcr $2,00 $2,00
Misc, glass/china $32,00 $32,00
Accessorics & Decorators - dining rm $1250 $1250 $25 00
TOTAL $277.50 $129.50 $407.00
BACK ROOM
Property
Dog cagc, damagcd
Word processor
2 drawcr filc cabincl
Tablc, droplcaf, maplc
Hushand
.will:
$5.00
$18,00
$15,00
Yalw:
$5.00
$25.00
$18.00
$15,00
525,00
DEFENDANT'S
EXHIBIT
G-I
AU.cTAtlUGA&.........,CO'
Property Husband Will: YallIl:
Cage, pel S30.00 S30,OO
Desk, ladies, oak, plywood back S115.00 S115,OO
Radio, boom box S5,OO S5,OO
Misc. storage items 520.00 520.00 540 00
TOTAL $50.00 $203.00 $253.00
,;:L......
LIVING ROOM
Property Hushand Will: YallIl:
2 cushion sofa SO,OO no value
Sewing machine, electric S10,OO $10,00
3 pieces entertainment cabinet S38.00 $77.00 $115,00
Zenilh color tv SIIO,OO $110.00
VCR $35,00 $35,00
Stereo system $45.00 $45.00
Records, tapes, cassettes $7,50 $7.50 $15.00
Doll cradle $5,00 $5,00
Rocker, oak, Windsor style $15,00 $15.00
2 slands, lamp, oak w/glass S10.00 $10,00 $20,00
2 table lights $8,00 $8,00 $16,00
Chair, upholstered, gold $10,00 $10,00
Piano, Spinet, Fulton $350,00 $350,00
TTX computer $190,00 $190.00
Computer desk $65,00 $65,00
Books S10.00 $10.00 $20,00
Accessories, decorators, crans 537.50 $37.50 $75.00
TOTAL $221.00 $875.00 51,096.00
~.!:
BEDROOM #1
&op.crl~ Husband .M.fi: Yalue
Bunk beds S55.00 $55,00
Bookcase S15.00 $15,00
Chesl drawers, 5 drw. $20,00 $20,00
Chest drawers, 2 over 3 $25,00 $25.00
2 Desks, Formica $40 00 $40 00
TOTAL $0.00 $155.00 $155.00
BEDROOM # 2
Property H IIshand .M.fi: Yalue
Maple bed $10.00 $10.00
Box mattress SO.OO no value
Chest/desk combo, oak S65.00 $65.00
Dresser, oak, base only S75,OO $75.00
Vac" Hoover, canister $15,00 $15.00
Desk, Fonnica $20.00 $20,00
Mise, $28 00 $28.00
TOTAL $0.00 $213.00 $213.00
BEDROOM #3
Property Husband Wife Yalue
4 pieces Bedroom suite, cherry $525,00 $525,00
Box spring and mattress SO,OO no value
2 shel f stand, mahogany SI2,OO $12,00
Stand, marble top $10.00 $10,00
Fan, 3 speed $4.00 $4.00
Chest, cedar, Lane $85.00 $85.00
TV, Curtis Malhis, convertor box S15.00 $15.00
Table lights $12.00 $12.00
Crafts, accessories, decorators SI800 $1800 $36 00
TOTAL $570.00 $129.00 $699.00
~
ii.
"
)'
BASEMENT ,
, '
i
Property H ushand .will: YaI.u.c
2 PCs. living room suite S45,OO $45,00
Coffee lable 8,00 $8,00
Chair w/hassock, upholstered $0.00 no value
Stand, step end S4,OO $4,00
DP exercise bike $55.00 $55.00
Master Trainer S185.00 $185.00
Poollable, 6' S115,OO S115,OO
Bench, maple $20.00 $20,00
2 table, library, 1930's S60.00 S60.00 $120,00
Bar stools $17.50 $17.50 $35,00
Dehumidifier $18,00 $18.00
4 chairs, Duncan Phyfe S60.00 $60.00
Gateleg table S35,OO $35.00
Dresser base $15,00 $15.00
2 wicker rockers (damaged) $10,00 $10,00
Oak rocker $12,00 $12.00
3 air conditioners (old) $15.00 $30,00 $45,00
Dryer, GE $25.00 $25,00
Deep freeze, upright, GE $85,00 $85,00
Cart, tea, maple $20.00 $20,00
2 carts, S/S w/wheels $16.00 $16,00
S/S pot $10.00 $10,00
Misc. slorage $21.00 $21.00 $42,00
Accessories, decorators, crans SIR 00 $IR 00 $36 00
TOTAL $514.50 $501.50 51,016.00 '.
GARAGE
Property Hushand .will: Yaluc."
Mower, Rotary, Lawn boy $65,00
Grill, Gas SIO.OO
Property Husband Will: ~
Rotary Mower $10,00 $10,00
Wheelbarrow $18,00 $18,00
Slack tool box w/lools SI85,OO S185.00
Nuts, bolts, hardware S35,OO $35,00
Extension cords S8,OO S8,OO
Small carpenler tools S12.00 $12,00
Long handle lawn and garden tools S40.00 S40,OO $80.00
Vise S5.00 $5.00
Melal shelving S6.00 $6,00 $12,00
Mans bike S35.00 $35,00
Ladies bike $35,00 $35.00
Misc. garage S22.50 $22,50 $45,00
Sewing set $85,00 $85,00
Picnic lable (warped) $.S.llil $.S.llil
TOTAL $386.50 $258.50 $645.00
GRAND TOTAL
$2,067.50
$2,635.50
$4,703.00
.
f ":" 'IIUS.IlATAH1.L";(jjJ\I>O(VI'I7:II-[XIl ~,l.k
r'UlcJ nli:o.'N01:01IPM
Ilnl.rJ UJ.II'V<lO'I'IIf.JAM
OTIIER MARITAL PROPERTY TO BE DIVIDED
(Not Appraised)
fmj1Cl1)! HlIshand Will: Ya1w:
243 Rifle 5250,00 $250,00
Phone. bcdroom 55,00 $5,00
Tie rack 51.00 $1.00
Gun ease under bcd $5,00 $5.00
Contcnts of Iincn closet 55.00 55.00 $10.00
Contcnls of bathroom c10sct $5,00 55,00 $10.00
3006 Rifle 5250,00 $250.00
Racketball racquel $5,00 $5.00
Rifle cleaning cquipment 55.00 $5.00
Shclls 55.00 $5,00
Hunting clothes 510.00 510.00
Fire exlinguishcr $5.00 $5,00 $10.00
Knivcs 55.00 $5,00 $10.00
Encyclopcdias in bascmcnt 55.00 $5.00
2 bascmcnt lamps 55,00 $5.00
TV in basemcnt $5.00 $5.00
Trash cans in bascmcnl $5.00 $5.00
Blcnders in bascmcnt $5.00 $5,00 $10,00
Poollable Ihings $5.00 $5.00
Prinlcr stand 55.00 $5.00
Potato table 510.00 $10.00
CO2 tank $5.00 $5.00
Slainlcss table $10.00 $10,00
Cooking pots 510.00 $10,00
Cloek radio 55.00 $5.00
Money Jug 51.00 51.00
DEFENDANT'S
EXHIBIT
G-'Z..
",""AlIlICW.lN'P\' co.
." ,.....".......-......-..-
. ~
Ero~ llushand .will: ~
Moncy in Jug S5.00 S5,OO S 10,00
Rcfrigcrator in bascmcnt 520,00 S20.00
Bar stuff S5,OO S5,OO SIO.OO
Kalhy's skalcs 510.00 SIO,OO
3 aquariums S5,OO 510,00 S15,OO
Canncr 510.00 S 10.00
2 whilc lubs SIO.OO SIO.OO
Kids' bikcs 545,00 S45.00
2 smallladdcrs 530.00 S30,OO
Folding lablc S5.00 S5.00
Gardcn spraycr 55.00 S5.00
3 gardcn hoscs S5.00 SIO.OO S15.00
Conlcnls of garagc attic S5.00 55.00 SIO,OO
Contcnts ofhousc attic S5.00 S5.00 510,00
Swing scl 55.00 S5,OO
Portablc phonc S10.00 SIO.OO
Typcwritcr S10.00 510.00
Cutting boards S5,OO S5,OO
1 whilc trash can S5.00 S5,OO
Garagc radio S5.00 S5,OO
Black cabinct S5,OO S5.00
Mctalladdcr 520.00 S20.00
Largcr woodcn laddcr SIO,OO $10,00
Workbcnch S5.00 S5.00
Snakc S 1.00 $1.00
All olhcr guns in c10scl S200.00 $200.00
Hockcy skatcs 520.00 $20.00
Kids' picturcs, ctc. SllJlll Sll..lll1 SllJlll
TOTAL S943.00 $220.00 $1,163.00
f \fllI:SIDA T Afllti'GENDOC9?I.I1Zo..A" ROw!\Jc
CIC.tJ OII2lW9 0110 lIP'"
kcYutJ 01/11I990111 HAM
.
PERSONAl, PROPERTY APPRAISED BY ROWE
KITCHEN
Property Husband Will: ~
Microwave, Frigidaire $25.00 $25,00
Microwave cabinet $50,00 $50,00
Small eleclrical appIianccs $40.00 $40.00
Pots, pans, baking dishes $26.00 $26.00
Mise, glassware $18,00 $18,00
Mise, china $24.00 $24,00
Small kilehen accessories $20,00 $20.00
Crafts & decoralors - kitchen $.8.llQ $B.illl $1600
TOTAL $58.00 $161.00 $219.00
DINING ROOM
Emper1)! Husband Will: ~
7 pc dining room suite, Lane (5 chairs) $265.00 $265,00
Dry sink, oak $55.00 $55,00
China, service 12 $28,00 $28,00
Plant hanger $2.00 $2.00
Misc. glass/china $32,00 $32.00
Accessories & Decorators - dining rm $12.50 $1250 $25 00
TOTAL $277.50 $129.50 $407.00
BACK ROOM
$18.00
$15.00
~
$5,00
$25.00
$18,00
$15,00
Property
Dog cage, damaged
Word proccssor
2 drawer file cabinet
Table, drop leaf, maple
Husband
Will:
$5.00
$25.00
DEFENDANT'S
EXHIBIT
c;....1
Property Husband Wifu Ya1uc
Cage, pet 530,00 $30,00
Desk, ladies. oak, plywood back $115,00 $115,00
Radio, boom box 55.00 $5,00
Misc, storage itcms S20 00 S20 00 S40.00
TOTAL 550.00 5203.00 S253.00
LIVING ROOM
Property Husband Wife Ya1uc
2 cushion sofa 50.00 no valuc
Sewing machinc, electric 510,00 $10.00
3 picces entertainment cabinet $38.00 577.00 $115.00
Zenith color tv $116.66 ,Ill'OO 5110.00
VCR $35.00 $35.00
Sterco syslem $45.00 $45,00
Records, tapes, cassellcs $7,50 57.50 515,00
Doll cradle ~ ~
Rocker, oak, Windsor style 515.00 $15,00
2 stands, lamp, oak w/glass $10,00 $10.00 $20.00
2 table lights ~ $8':00 IpO $16,00
Chair, upholstercd, gold 5~ $t9:00
Piano, Spinel, Fulton 5350.00 $350,00
TTX computer $190.00 $190,00
Computer dcsk $65.00 $65.00
Books $10.00 510,00 $20.00
Accessories, dccorators, crafts $3750 D1..'ill li7S.00
TOTAL $221.00 5875.00 SI,096.00
.
BEDROOM #1
Property Hushand Wifi: Yalw:
Bunk beds $55,00 $55,00
Bookcase $15,00 $15,00
Chest drawers, 5 drw, $20,00 $20,00
Chest drawcrs, 2 over 3 $25,00 $25.00
1-~ 2 Desks, Fonnica ....- $40 00 $40 00
I)~ TOTAL SO.OO S155.00 S155.00
.\,
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C
BEDROOM # 2
Property Hushand Wifi: Yalw:
Maple bed 510,00 $10.00
Box mattress $0.00 no value
Chest/desk combo, oak $65.00 565.00
Dresser, oak, base only 575.00 $75.00
Vac., Hoover, canister $15.00 $15,00
Desk, Fonniea - $20.00 $20.00
Misc. $28.00 $28 00
TOTAL $0.00 $213.00 S213.00
BEDROOM #3
Property Hushand Wifi: Yalw:
4 pieces Bedroom suite, cherry 5525.00 $525.00
Box spring and mattress 50.00 no value
2 shelfsland, mahogany ~m.~~ $17 ea
Stand, marble lop $te;OO $HIOO
Fan, 3 specd 54.00 $4.00
Chest, cedar, Lane $~ $ll7.6e
TV, Curtis Mathis, convertor box $~O $~
Table lights $12,00 $12,00
Crans, accessories, decorators $1800 $1800 $36 00
TOTAL 5570.00 $129.00 S/l99.00
Property Husband .will: Ya.lw: ,I
I,
Rotary Mowcr $10.00 $10,00
Wheclbarrow $18.00 $18,00
Slack 1001 box w/lools $185,00 $185.00 :1
Nuls, bolts, hardwarc $35.00 $35.00
Extcnsion cords $8.00 $8,00
Small carpcntcr lools $12.00 $12.00
Long handlc Jawn and gardcn tools $40.00 $40,00 $80.00
Visc $5.00 $5.00
Mctal shclving $6,00 $6.00 $12.00
Mans bike $35,00 $35,00
Ladies bikc $35.00 $35.00
.
Misc. garage ,
$22.50 $22,50 $45.00 !
Sewing scl $85.00 $85,00
Picnic lablc (warpcd) $5.QQ $5.QQ
TOTAL $386.50 $258.50 $645.00
GRAND TOTAL $2,067.50 :b'Z,03:l.Sft $4,703.00
\Cl">z.. )'D J,r,~~ .( ~
9~>' '2.2..~ .
~
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J- '67 ,:>. I
F\lILUIIJATA'IU"\OI:NlJtKW'J10 I:XIIlIlJf
r,~a10Inlll9"olloll',",
IImcd OlJlIlY9ollwl'AM
OIllER..MAlUl'AL.l!llOl'ERU'.TOJJEj)lYlDED
(Not Apprlllml)
fmpa1)! llu:;baml Wife Yaluc
243 Riflc $250.00 $250,00
Phone - bcdroom S5,OO $5,00
Tic rack $1.00 SI.OO
Gun case undcr bcd $5,00 S5,OO
Conlcnts of Iincn closet S5,OO $5,00 $10,00
Contents ofbalhroom closcl S5.00 S5,OO SIO,OO
3006 Riflc $250,00 $250,00
Rackclball racqucl S5,OO S5,OO
Rifle clcaning cquipmcnt $5,00 S5,OO
Shclls S5.00 $5.00
Hunting clolhcs SIO.OO S10.00
Fire eXlinguishcr S5.00 S5,OO SIO,OO
Knivcs S5.00 S5,OO S10.00
Encyclopcdias in bllscmcnt S5.00 S5.00
2 bllscmcnllllmps $5,00 $5,00
TV in bllscmcnl S5,OO $5.00
Trash cans in bascmcnt S5,(J(J S5.00
Blcndcrs in bllscmcnl $5,(JO S5,OO S10.00
Pooltllblc things S5,OO S5.00
Printcr stand S5,OO S5.00
Potato tablc SIO,OO $10,00
COl tank S5,OO S5.00
Stainlcss tablc SIO.O(J $10.00
Cooking pots SIIl.()(J $10.00
Clock rndio S5.(JO $5.00
MOlley Jug SI.lJO $1.00
DEFENDANT'S
EXHIBIT
G-'2..
,\
Property Hushand Wife ~
Money in Jug $5,00 $5,00 $10,00
Refrigcrator in bascmcnt $20,00 $20.00
Bar stuff $5,00 $5,00 $10,00
Kathy's skalcs $tO:ftO $ t-O;OO..
3 aquari urns $5.00 $10.00 $15.00
Canner $10.00 $10.00
:d 2 whitc tubs $10.00 $10.00
~idS' bikes $45,00 $45.00
~
2 smallladdcrs $30.00 $30.00
Folding tablc $5,00 $5.00
Gardcn spraycr $5.00 $5,00
3 gardcn hoscs $5,00 $10,00 $15.00
Contcnls of garagc attic $5.00 $5,00 $10.00
Contcnts of house attic $5.00 $5.00 $10.00
Swing sct $:5:00 $5;00
Portablc phonc $10.00 $10,00
Typewriter $10,00 $10,00
Cutting boards $5.00 $5.00
I white trash can $5.00 $5.00
Garage radio $5,00 $5,00
Black cabinel $5.00 $5.00
Metal ladder $20.00 $20.00
Largcr wooden laddcr $10.00 $10,00
Workbcnch $5.00 $5.00
~V l1nakc $1.00 $1.00
~
All other guns in closet $200.00 $200.00
Hocke~ skatcs $20.00 '2.000 $20.00
~/-l e:~C'.\c\ ~f)
ids' picturcs, clc. $ll.llil $ll.llil
TOTAL $943.00 $220.00 $1,163.00
~ 10
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MR. O'BRIEN: We are ready to proceed, Your
Honor.
THE COURT: Okay. Go ahead. I have read the
petition and the answer, and I am familiar with the issues.
Whereupon,
KATHLEEN S. MARSH
having been duly sworn. testified as follows:
DIRECT EXAMINATION
BY MR. O'BRIEN:
Q State your name, please?
A Kathleen Marsh.
Q Kathleen, where do you live?
A 11 South Ridge Road, Boiling Springs,
Pennsylvania.
Q And how long have you lived at that address?
A Approximately eleven years.
Q Do you have children?
A Yes, I do.
Q Could you tell the court the names and the
ages of the children?
A I have twin daughters, Alicia and Danielle.
And they will be nine on Saturday. And I have one son,
Aaron. who is six.
Q Are the children in school?
A Yes, they are.
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Q What grades are they in?
A The twins are in third grade, and Aaron is in
kindergarten.
Q I take it that those children were born
during the time that you were residing in the house that you
are in presently?
A Correct.
Q The gentleman that you are married to, could
you tell us his name?
A Robert Marsh.
Q Now, when did you and Mr. Marsh separate from
one another?
A
5th, 1997,
He actually moved out of the house on April
Q In regard to him moving out of the house,
could you just briefly outline the discussions that you had
with your husband about him moving and you remaining in the
home with the children?
A We discussed about me remaining in the home
with the children. I had been mostly involved with the
children, doing the things with them and taking them places
and being there for them. I had been home with them until I
went back to work full-time just prior to that.
Q Okay. When did you return to work full-time?
A I returned to work full-time at the very end
3
1 of like March 31st, the beginning of April.
2 Q Of 1997?
3 A Correct.
4 Q And he moved out you said April...
5 A April 5th.
6 Q Prior to returning to work full-time, did you
7 work part-time?
8 A I worked what's called PRN, which is as
9 needed, I worked two to three nights a week during 11:00 to
10 7:00 when the children didn't really know that I was gone.
11 They knew I worked. Before that I had full-time for six
12 months 11:00 to 7:00,
13 Q Is your husband employed?
14 A Yes, he is.
15 Q And where does he work?
16 A He currently is manager and co-owner of Fox's
17 Pizza, Carlisle Springs.
18 Q What hours do you work and where do you work?
19 A I work at the Claremont Nursing and
20 Rehabilitation Center. I work 7:00 to 3:00. I am a
21 nurse/manager on a wing.
22 Q Now, where did your husband move to when he
23 moved from the home that the two of you had lived in with
24 the children?
25 A He moved back to his parents' residence on 46
4
Q Did you file a divorce action against your
!
f
1
Old Town Road in Gardners.
2
3
husband?
4
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7
A
Yes, I did.
I
!
I
Q
And when did you file that divorce action?
I
A
April 9th, 1997.
Q
Since the filing of that divorce action. have
8
you at any point indicated to your husband that you had a
,
9 desire to reconcile with him?
10
11
12
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14
,.
A
No. I have not.
Q
Has he talked with you about reconciliation?
Yes, he has.
A
Q
And what has your response been?
That it is too late, that I am at the point
A
15 where that's not going to happen.
16
He accuses you in the answer he filed to this
Q
17 petition that you had an infatuation prior to the two of you
18 separating?
19
A
That's not true. I did admit to him that
20 there was some feelings after I had asked him for the
21 divorce. Another friend who is in the same type of
22 situation. not happy in his marriage. and that I had
23 admitted to feelings, that I didn't -- that I was trying to
24 deal with. But there was absolutely nothing before asking
25 him that I wanted a divorce. And he will admit to that at
5
:.,.,:;;\i~i!";J<~t.
1 times, that he knows that I couldn't have had anything or he
2 wouldn't want me back.
3 Q Now, when he moved from the home, and was
4 living with his parents, did he have regular contact with
5 the children?
6 A Yes, he did.
7 Q And what is your understanding of the
8 relationship that he has with the children since the
9 separation?
10 A I think his relationship with the children is
11 much better. That was a fair amount of our problems in the
12 home was that he -- I would say that he either did not want
13 to be there or couldn't be there for us. That's what we
14 fought about a lot, that he just wasn't there for me and the
15 kids, And now they love to be with him. And he has a
16 better relationship. They have also even said to me at one
17 point that for the first couple of months they couldn't even
18 call him dad. He admitted that to me. They always called
19 him mom, because it was me that was with him. And now he
20 has a much better relationship. He plays with them and is
21 with them.
22 Q And do the children enjoy going to his
23 parents' home where he was living?
24 A Yes. They love it. There is family there.
25 And there is a cousin. And they just love being with
6
!
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1
Grammy. I have taken them there just about weekly since
they have been little to keep in touch with his family also,
And they do love going up there.
I
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3
4
Q
Now, your husband also alleges that he has a
I
S problem with furnishing a home or apartment because the
6 household contents have not been divided. Could you tell
7
the court about the efforts that you have made with your
~
8 husband to talk about the matter of the household contents?
~
9
A
since the spring and through the summer I
10 have tried to talk to him on numerous occasions. He has
11 admitted that he always comes with his own agenda. He wants
12
to talk about reconciliation or what I have done wrong,
where my morals have gone wrong. And he will not talk about
~
,
,.
13
14 separating. We had sat down and listed out some things that
lS we didn't have finalized then. But I could not get him to
16 do that. And since he has moved back into the house, when I
17 have asked him anything, he says the courts can handle it
18 now and I am not discussing it.
19
Q
In regard to support that he has paid to you
20 since the separation in April, could you indicate how that
21 came about?
22
A
I never asked him for any support. I had
23 told him at one point, that when we discussed it, that
24 support was somewhere around $600.00 is what they figured
2S for kids, And his lawyer apparently has the same
7
1 information. And Bob told me that his lawyer recommended
2 that he pay me that amount, which I never asked for. I have
3 taken the checks. And they are in an account. I have not
4 spent any of them until we see what's going on. I want to
5 be able to make it with the kids, make sure I can do thQt.
6 Q So during the period of time that you were
7 separated from your husband, from April, you have been using
8 your income to support yourself and the three children?
9 A Yes. And even the payments as they come in,
10 he might say, you know, I am a little short this month and
11 pay me when he can or three hundred at a time versus six
12 hundred, I have not received a check since November 9th at
13 this point. And that was $300,00. And now he is back in
14 the house.
15 Q When did he move back into the house?
16 A He moved back in November 21st, 1997.
17 Q Had you and I worked up a written proposal to
18 him in regard to the divorce and the division of the
19 property?
20 A Yes, we have.
21 Q And when was that presented to him in
22 relation to when he moved back into the home?
23 A I would have to look at the date. I believe
24 that's within like a week before. It was real shortly after
25 he got the agreement.
8
~
1 Q Now, prior to him moving into the house, how
2 much advance notice or discussions did he have with you
3 about that?
4 A The night that he moved back in he called me
5 about say 4:30 at night, and he wanted to make arrangements
6 for the next week for the kids, as far as what nights he got
7 them. We made those arrangements. And they are on the
8 calendar at home. Shortly after 5:00 he came into the
9 house. I was making supper. And he started telling me,
10 while the kids were there, that changes were going to
11 happen, things need to be done.
12 The kids asked him why he was there. He told
13 them he was just there to play with them. We sat down to
14 supper. And he sat there at the table with us. And then I
15 was done eating. And Oanielle was done eating. But the
16 other two were still eating. And he said can I have a word
17 with you, so we went back to the bedroom. He told me then
18 that he would be moving back in. And I asked him not to do
19 that. I asked him not to do it at all. I didn't think it
20 was good for the children.
21 He said that he was moving back in. And I
22 said, if you must do this, please, do not do it on a school
23 night. Please do not do it on a night that Danielle and
24 Alicia have Back to School, which we have to leave -- Back
25 to School night where they show us their things. We had
9
1 already planned to meet there so that both parents could see
2 their things. And I said, please, don't do it when they are
3 going to Back to School night. And he still insisted he was
4 doing it.
5 So then he pulled Alicia and Aaron away from
6 the table and got the kids in the hallway and told them
7 daddy is moving back in. I can't stand to live up at
8 Grammy's anymore. I am going to be moving back in with you.
9 And then he left. And I had half an hour before we had to
10 leave to Back to School night. He met us there. He left
11 from there. And the kids wanted to stay to see some
12 program. So when we came home he was in the basement. And
13 he had clothes there hanging on things and on the pool
14 table.
15 Q Now, speaking for yourself, and not for the
16 children, how does his presence in the house -- how are you
17 relating with that since he has moved in?
18 A I am not relating well. A lot of times I
19 will actually go out because I don/t want to be there with
20 him. One night I was watching T.V., something he doesn't
21 even like, ice skating. And he sat there and stared at me.
22 For about the first -- I would say three or four nights, he
23 stayed in the basement and watched T.V. down there. We have
24 a T.V. down there, The rest of the nights usually he is
25 there sitting in a chair watching T.V.
10
1 Some nights I stay out in the dining room and
2 do my work, you know, work-related or whatever, or stay out
3 in the playroom and do ironing or something. But a lot of
4 nights I just ask him if he is going to be there, and I
5 either go walk the dog or go shopping or something, because
6 I am not relating well. He follows me around the house at
7 times, out to where I am taking the dog out. He will kneel
8 down beside me when I am playing with the dog, still tell me
9 what I am doing wrong. He has said things in front of the
10 children about not being a good mother. I don't relate well
11 when he is always on me. This happened like a year ago when
12 he was always following me around, And I lost weight. And
13 I don't deal with it well when he is always after me.
14 Q Okay. This was a year ago before you
15 separated?
16 A Yes. Before we separated.
17 Q You were having marital problems?
18 A Yes.
19 Q Now, you indicated that you suffered a weight
20 loss. Can you tell the court approximately how much weight
21 that you lost?
22 A I lost about six pounds, which in my opinion
23 I can't I don't want to lose. It is not a real good
24 loss. And at that point his counselor had said his behavior
25 was abuse.
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Q In regard to, you know, dining, do you all
sit down as a family and dine together?
A No. I don't believe that's good for the
children. And I have told the children that. I make supper
for us. If he is there, he will have -- he sometimes will
bring a sub or whatever and sit. Lots of times he is
working anyways. But he will sit down maybe with his stuff.
But I have told the children that I don't want it to seem as
one big happy family, because -- and that -- I want him to
be part of their life, but I don't want him to be part of
mine in that sense. And I don't want it to be that
appearance. And so, no.
o Getting to the point, since you have clearly
indicated that there is no reconciliation and you are moving
ahead, could you tell the court your perceptions and the
comments that the children are making to you since he has
moved back in?
A Well, I think
MR. WILLIAMS: I am going to object to the
comments of the children, Your Honor, as hearsay.
THE COURT: The objection is overruled. Go
ahead.
THE WITNESS: Before he moved back in, Aaron
sometimes had been tearful, and I miss daddy. And Bob's
mother also told me that he has done the same thing at their
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house. I miss my mommy. I think his tearfulness and crying
has increased. The one night at bed he was crying when I
went back with him, because he couldn't decide '~ho would lay
down with him that night until he fell asleep. He told me
that he wanted both of us. And I told him that that would
not happen. But that if he wanted daddy, that didn't hurt
me. That was okay. But he did cry that he couldn't decide.
Q When you say lay down, one parent would go in
and just stay with him in his bedroom?
A Until he fell asleep. And usually it wasn't
very long that he would fall asleep. The girls don't say a
whole lot. And I have I mean, I have made it clear to
them how I feel trying to just say what I need to say. I
did ask them how they felt and to please express it to me.
And they just, you know, kind of shrugged it off. But I
think Aaron more so with some of his comments and
tearfulness.
Q And he is a six year old?
A He is the six year old.
Q Now, have there been arguments or harsh words
between you and your husband in front of the children?
A Yes, there have. Do you want me to
describe
Q Yes.
A Okay. One night -- since he moved back in, I
13
...-:....
1 made it apparent that I have been paying all of the bills
2 since he moved out, the house payment and all of them,
3 telephone, electric, whatever, water, sewer, trash, And I
4 had told him that I did not think that he should be back
5 using all of those services, using the telephone. He has
6 his work people calling him at the house, They called one
7 night, and I told them that that was not acceptable, that
8 they shouldn't be calling him there. And he got angry with
9 me. That was not in front of the children.
10 Well, then another night we were eating
11 supper at the table, in the dining room, and someone called
12 and I walked out to the kitchen, across the kitchen, and I
13 just said, you know, I don't feel this is appropriate. I
14 really don't want you calling Bob here. And he came across
15 the dining room and yelled at me that that's he would
16 take the calls, and they would be calling there. And do I
17 want my kids to see this. And then even stood right by
18 the -- it is like a countertop between the dining room
19 kitchen and said add that to your list of mother of the
20 year, which I don't put him down in front of the kids.
21 And that was definitely in front of the kids.
22 After that went on he went downstairs to get a shower. And
23 Alicia said, mommy, why don't you want daddy getting
24 phone -- no, I am sorry. It was Danielle, said, mommy, why
25 don't you want daddy getting phone calls. And I said, as
.'
"
';;,c.
14
1
you heard, I pay the bills. I don't feel that he should use
2 the phone. And Bob came back up the steps and yelled at me
3 again, you know, what are you showing our children, Do you
4 want them to see this,
5 Just recently he was kind of having his time
6 with the kids, this was another incident. And I asked him,
7 I said, well, then I am going out shopping. When do you
8 need me to be back, because he had said earlier about he
9 wanted to see the kids in the afternoon, but he had to go
10 back in to work later. He worked like a split shift.
11
So I said when do you need me to be back so
12 you can go to work. And with Aaron on his lap and Danielle
13 standing in front of him he said I don't care when you come
14 back. I don't care if you ever come back. And I said, Bob,
15 please give me a time, and he said again in front of the two
16 children, I don't care if you ever come back. And he makes
17 comments overtop of their heads. When we are sitting at the
18 table he will whisper something at me.
19 I just recently had a party for the two girls
20 for their birthday. It was a sleep-over, last Friday night.
21 And he was in and out. He came home, in and out, making
22 comments to me in the kitchen. And I said, please, don't do
23 this with all these kids here. And he said, yes, I think I
24 will. And I wrote those down for you and sent them to you.
25 There were at least four or five times when he followed me
15
,
,
1 different places and said things.
2 Q Now, do you have a home or a place that you
3 can move yourself and the children to if he insists on
4 staying there and the court doesn't ask him or order him to
5 leave?
6 A I don't have a place ready available to move
7 with them, And I really do not want to move the children
8 because it has been their home. All the time they tell me
9 how much they love our home, My girls really like little
10 things. It is a rancher. And they will say, oh, we don't
11 want that big place. We love our little home with all their
12 stuff. So, no, I don't want to see them moved out.
13 Q Is there any way that your husband could live
14 in the basement and not impinge on your life and make you
15 uncomfortable?
16 A I really don't see that happening. I don't
17 think it is good, I don't think it is good, first of all,
18 for kids to have to -- if they explain to anybody that mommy
19 is upstairs, daddy is in the basement. They have already
20 been to a birthday party with that situation. And, of
21 course, I heard about it first thing when they came home.
22 I think that Bob would still be up there with
23 the comments. When I am sitting down playing with the kids,
24 he jumps in and finishes sentences or, you know, adds to the
25 conversation. If he is in the home, then I have to, you
16
1
know, say, you know, I want to go out here or when are you
I
..
.
I
I
I
I
I
2
going to be home so that I know where to cover the kids.
3
Whereas, if he has his time with the kids and I know what
4
times, then that can be dealt with that way. I don't have
, ,
5 to go down and, you know, be like we used to be, when are
6 you going to be home,
7
Q
You didn't interfere or try and limit his
~
8
contacts with the children during the period you were
separated, did you?
~
t
9
10
No, I haven't. And actually on nights -- he
A
11 got them a lot of times Sunday nights. Now, I did ask him
12
to please not take them on school nights, because I don't
h
I
13 think -- that's my personal -- I don't think that's right to
14 have them backpacking and taking them on a school night to
15 see them that little bit of time.
16 He insists that he wants to see them, and he
17 has been. Usually he would take them like Sunday,
18 Wednesday, and Friday nights, just overnight. But when he
19 can't do it on a Sunday night for some reason, I have never
20 said, no, you can't take them on a Monday night. I have
21 been flexible with him that way.
22 And when there are days off school or half
23 days, I will tell him and make him aware, Bob, they have a
24 half day, they are getting off at 1:00 on such and such
25 date. Would you not schedule yourself for work that day so
17
that you can be with them and see them. And r have made him
aware of those. .I\nd even on those nights he will bring them
home - - he will take them for that time and then bring them
home and say, well, r brought them home for you to do
homework and give them super. And r will get them after
choir and take them back again at night.
Q Now, your husband alleges that you have to
1
2
3
4
5
6
7
8 get the children up at 5:30 to bring them to a baby-sitter,
9 is that correct?
10 A I have never done that. My baby-sitter in
11 the morning is the neighbor who has lived beside us for
12 eleven years.
13 Q What is that person's name?
14 A Her name is Marty Fickner. She comes over.
15 When I leave the house at 6:30 she is there. Before Bob
16 moved back in, when she was there, the kids -- sometimes
17 they were up. Usually it was just Aaron. At least, I would
18 say, maybe half the time they were not even awake yet. They
19 are not moved out of the home they are not taken to her
20 house. She comes into the home, at 11 South Ridge, and is
21 there for them, gets them breakfast. She had commented to
22 me about them wanting to hug her before they got on the bus,
23 because I always did that, hug and kiss them before they got
24 on the bus. She does that with them.
25 Q What time does the bus come?
18
1 A The bus comes at 8: 20. And llhe told me
2 usually about 7:20 she starts to get awake so that they will
3 have time to eat breakfast and get their stuff ready. And
4 when she is there, I always have everything ready at night,
5 so that the clothes are out and the bags are packed. And,
6 you know, so that everything is together, so that she can
7 just, you know, get them off easily in the morning.
8 Q Since your husband has moved back in, have
9 you left the home and he has not been up to be with the
10 children?
11 A Three mornings last week when I left the
12 house he was not up yet. Now, I can't say when he got up,
13 but he was not up when I left. Sometimes the kids will run
14 in and wake him on other days.
15 MR. 0' BRIEN: I have no further questions.
16 Thank you.
17 CROSS-EXAMINATION
18 BY MR. WILLIAMS:
19 Q Ma'am, just to follow-up on that. You
20 haven't needed a baby-sitter then since Bob has been living
21 back at the house?
22 A I told my baby-sitter that I would not have
23 her come over because that would be a very uncomfortable
24 situation. And she is ready, whenever I need to call her
25 back, she is ready to come back in.
19
1 Q And Bob has been the one that has gotten the
2 children up and on the bus in the mornings?
3 A Yes, he has. But I have always -- every
4 morning I leave him notes and make sure he knows what
5 library day is and who needs their lunches and who needs
6 and, you know, make sure that they have lunch money. And
7 that stuff is always provided.
8 Q And you were asked about finding a place for
9 you and the children. Ma'am, there is no custody order in
10 effect here, is there?
11 A There is not yet. But Bob has agreed that I
12 should have primary custody.
13 Q All right. The house in question, for the
14 record, is in joint names?
15 A Yes, it is.
16 Q When you and Bob separated in April, was that
17 by mutual agreement?
18 A It was mutual agreement that we would
19 separate. But he made the decision that day, as we were
20 back in the garden, he made the decision to go around and
21 tell the kids right then that he was moving out.
22 Q Now, you wanted him to move out, didn't you?
23 A I wanted the divorce. And he was making it
24 very uncomfortable and following me around and saying
25 things. I was much more comfortable when he was out of the
20
1
house, yes.
2
Q
When he left did you and he have a discussion
3 as to the division of property?
4
As I told my lawyer, we tried to talk on
A
5 numerous occasions, and Bob usually had the different
6 agenda, that he wanted to talk about reconciliation or what
7 I had done wrong and my part in it.
8
Q
My question was did you and your husband come
9 to an agreement on the division of your marital property
10 when you separated?
11
A
Not an actual agreement, We talked like --
12 the thing that we said, we weren't out to get each other as
13 far as what we were getting, But we didn't have an
14 agreement.
15
Was there an agreement in principle that the
Q
16 property would be divided fifty-fifty?
17
What do you mean by an agreement in
A
18 principle?
19
Did you and your husband agree that you would
Q
20 generally divide the property equally and you would decide
21 what you would get --
22
We discussed about things being kind of half
A
23
and half as far as not wanting to
I told him that I
24 wasn't out to get him on anything.
25
Was it your understanding when your husband
Q
21
I
.
,
.~
I
1 left that your lawyer was going to prepare the proposal that
2 would be submitted to him?
3 A Yes, My lawyer was the one to submit the --
4 would be the one to submit the proposal.
5 Q Was it a surprise to you that it took until
6 November to do that?
7 A No, Because my lawyer told me that it
8 takes -- that you cannot get the divorce until up to three
9 months, that you can't get that, that it must be that
10 minimum. One time we were trying to contact, he was on
11 vacation. And then I took the kids and went on vacation.
12 Things didn't happen partly because I was scared to approach
13 Bob because of the ways that he has acted in the past. And
14 it is a very difficult thing. And so at times it did maybe
15 take longer, but it is being done.
16 Q So in summary, it is your testimony that it
17 is fine if Bob lives with his parents for however long it
18 takes to have this divorce and the relationship with the
19 children would be okay in your view?
20 A No. That's not my opinion that that's fine.
21 He is the one that decided to go back up with his parents
22 even though he has a poor relationship with his parents. He
23 is the one that decided to move back into their home. I was
24 doing what I could, I think within my limits. And I think
25 his relationship is much better with his children at this
22
1 point. He plays with them. And they call him dad. And
2 they want to see him, where he did not have the relationship
3 with them before.
4 Q The money that he has been giving you you
5 said was kept in a separate account. Did you tell him that
6 you were doing that, that you weren't using it to meet the
7 expenses of yourself and your children but were in effect
8 saving it?
9 A I believe I have told him on occasion that I
10 wasn't spending it. I did not tell him that I had it in any
11 account. I don't believe that I have to make him aware of
12 an account.
13 MR. WILLIAMS: That's all the questions I
14 have.
15 MR. O'BRIEN: I have no other questions, Your
16 Honor.
17 THE COURT: Thank you. You can step down.
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