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HomeMy WebLinkAbout97-02795 1',1 ,:'<f;~,>: :,.\~ ' ,,' ... ~ ~ , <::.J ~ '.. ~ ~ Q " " '-> =" .~ \:J 'tr) \')0 ~i C1' , . t" ~ .. -. '.._<,~ . .~ .:-~ - ":~ .~~~ l' ..~ ,',llI r:', ~, 4 , . .****ro~**ro*****~~****)~*.**~**~-~~ ~~-- ------- ~-----~----_....._.-...--......,..---~.---.......------.-------...........------.,..-..-..--- ~ :,~ ;if ',' ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY .', ~ ~ s ~l':t STATE OF ry ...}L " ' PENNA. -'''''~;IJJ-:.;:r ~ ',' $ .', ~ ~ LISABETH E, CAPOZZI 'I , $ i'\ 97-2795 i (),.. . ..........,.., ~ Plaintiff ~. Vl'r:,ll~ ~ LOUIS J, CAPOZZI, JR. ',' ~ Defendant s $ $ DECREE IN DIVORCE ~ $1 ~ ,', ~ ',' AND NOW, '" f'dOlJJ 2),1' ,/:'i"""" 19 ,',~'" it is ordered and decreed that"", ,~:~~,~: ,~~~~"""""""""""',. plaintiff, and, , , , , , , , , , , , , , , ~~~, ~:, ~,Z,Z,I.', ~:, , , " , , ' , , , , , " , , , , ", defendant. are divorced from the bonds of matrimony, w ~.~ w ~.' ~ $ w ',' 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; ~ \: ',' $ The, P.3!,thti~'JR5', ~i.t:.a\..,set,t~l,~t ,~9I:~'1t ,di!~~ ,F~~ ,:1.. ,1,~~~.. ,~!! ,!!~I?I?~l)I!l~ted before e tar Snall tb be , 1ncorporat ut not merg J.nt6 thJ.5 Divorce Decree, ........... ............ ,..............,...... .......... ,. ....... ... ... $ ~ ',' ~ ,,' II v The en'/: /J /)/1 d W ~ I/{,.;o r./t't.r r. AlIest" '. _ . . .I (A"&' "", ~ I!~~". 7 U '18!v'~'~ K- ~& 0JZ (/ , 'r 4rothonotary ~ ~# ~ ',' ~ ~ ~ ;..:: f! 7 _ _.. _ .. _ . ".. _ _" .. ' " ' :~~~~*************~.** ,'~ ~ W ',' *- .... * ~ ',' a '.~ ~ ',' ~ ',' ~ ',' ~ ',' ~ ',' a ',' a ',' ~ ~~ $ a ,> w ',' ~ ~.f .:' " ~ ~.' ,', ~ ~ ~ ~ ~ ',' !~ ~ I~ .. I~ l~ I~ (", I~ ,.. , ' J, , , i~ , ' ~~ ',~ , ' , I,', i~ , . . , - -., . ..~ . . .,. . ~ -:.:. .:.:. .:.:- .:~:. .:.:. .:+;. .:.;. .:.:. .:+:. .:t:.' J. .. such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each shall party be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the parties child at any time which might in any way influence the child adversely against the other party. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not and in the future, except as set forth in this Agreement, she will not contract or incur any debt or liability for which Husband or his estate might be . responsible and shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not and in the future, except as set forth in this Agreement, he will not contract or incur any DRAFT..Oecember 10. 1998 2 '. .. debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representati ves, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands known or unknown, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except for all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code of 1980 and the 1988 Amendments thereto including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. Should a divorce action be commenced by either of the parties, the moving party shall request the Court to incorporate, but not merge, this Agreement into any divorce decree. If this Agreement is incorporated into a divorce decree, the parties shall have the right to enforce this Agreement under the Divorce Code of 1980 and DRAFT..Deeember 10. 1998 3 '. " the 1988 Amendments thereto in addition to any remedies in law or equity and these enforcement rights are not waived or released by any of the provisions of this Agreement. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Divorce Code of 1980 and the 1988 Amendments thereto, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 6. DIVISION OF PERSONAL PROPERTY, The parties agree to divide their personal property in the manner set forth in the list of personal property which is attached hereto and marked as Exhibit "A". The parties agree to make arrangements within sixty (60) days of the signing of this Agreement to pick up any property to which they are entitled which is in the possession of the other. Both Husband and Wife waive any and all right, title and interest they may have to the property to be distributed to the other in accordance with Exhibit "A". 7. DIVISION OF REAL PROPERTY: A. Husband agrees to transfer all right, title and interest in and to the real estate situated at 333 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 now titled in the name of Husband and Wife as tenants by the entireties to the DRAFT.-Oecember 10, 1998 4 ( Wife and agrees to immediately execute now or in the future any and all deeds, documents, or papers necessary to effect such transfer of title upon request. Husband further acknowledges that he has no claim, right, interest, or title whatsoever in said property and further agrees never to assert any claim to said property in the future. Husband agrees to assist wife in satisfying the existing mortgage on the aforesaid property and obtaining a new mortgage in Wife's name alone in an amount up to $170,000 utilizing the aforesaid property as collateral. Wife agrees that she shall cooperate and take all steps necessary in order to effectuate the satisfaction of the existing loan. Wife further agrees that she shall cooperate and take all steps necessary in order to obtain a new mortgage in her name alone on the aforesaid property. Finally, Husband agrees that if Wife is unable to obtain a loan in her name alone on the aforesaid property, he will co-sign a mortgage on the aforesaid property in an amount not to exceed $170,000. Husband agrees to pay the closing costs, excluding points, associated with the refinancing of this mortgage. wife agrees to be solely responsible for the payment of any points associated with the refinancing of this mortgage. B. Wife agrees to transfer any and all right, title and interest in and to the 670 North 19th Street, Philadelphia, Pennsylvania property to Husband now titled in the name of Husband DRAFT..December 10. 1998 5 and Steven Hanford as tenants in common. Wife further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. 8. DISTRIBUTION OF FINANCIAL ASSETS: A. Husband agrees to transfer all of his right, title and interest, whatever it may be, to the following assets to Wife. (1) Wife's Smith Barney IRA with an approximate value of $6,968. (2) Wife's pension with AMP with an approximate value of $6,092. Husband acknowledges that he has no claim, right or interest whatsoever in said assets and further agrees never to assert any claim to said assets in the future. B. Wife agrees to transfer all of her right, title and interest, whatever it may be, to the following assets to Husband. (1) Husband's Smith Barney IRA account number 138-60016-12 with an approximate balance of $5,615. (2) Husband's Mass Mutual Life Insurance Policy Number 8-667- 034. Husband agrees to maintain Louis J. Capozzi, III, as the irrevocable beneficiary of said policy. (3) Husband's pre-marital life insurance policy with Mass Mutual, policy number 8-531-187. Husband agrees to DRAFT.-December 10, 1998 6 maintain Louis J. Capozzi, III, as the irrevocable beneficiary of said policy. (4) Husband's loan to David Morgan with an approximate balance of $57,000. (5) Husband's life insurance policy number 4376744 with Principal. (6) Husband's IRA with Fidelity account number T015616991. (7) Husband's tax deferred savings with the American Funds Group which Husband acquired after leaving a pre-marital employer using 401K rollover from that employer's retirement plan. Wife acknowledges that she has no claim, right or interest whatsoever in said assets and further agrees never to assert any claim to said assets in the future. C. The parties acknowledge that Husband has a SEP with Smith Barney. Husband agrees that he shall transfer $31,000 from his SEP account to Wife in the form of a tax free rollover into a tax deferred account in Wife's name alone. Husband acknowledges that he has no claim, right, interest or title whatsoever in said $31,000. Wife acknowledges that she has no claim, right or interest whatsoever in the remaining balance of said SEP. D. Within ninety (90) days of the signing of this Agreement, Husband agrees to provide Wife with $23,728. hem SAlitk BI11I.8;7]-('.;r-~ < E.c. ., il~~9URt .....'ml-.....r 110 117hl 11. DRAFT..December la, 1998 7 -IlL , 9. LUMP SUM PAYMENT TO WIFE: Husband agrees that within rJ- "tlo.>e""Y fo..,.. (..-.1 "'NO t..::r<~ sinl!y (68) aays of the signing of this Agreement, he shall transfer $15,000 to Wife. 10. DISTRIBUTION OF PROCEEDS FROM LATSHA AND CAPOZZI LITIGATION: The parties agree that the "net proceeds" from the settlement or litigation of the case of Louis J. Capozzi, Jr. v. Latsha & Capozzi, P.C., Kimber L. Latsha, Glenn R. Davis and Douglas C. Yohe filed in the Court of Common Pleas of Cumberland County at No. 97-5584 and Husband's counterclaim contained in the case of Latsha, Davis & Yohe, P.C., Kimber L. Latsha, Glenn R. Davis and Douglas C. Yohe v. Louis J. Capozzi, Jr. filed in the United States District Court, Middle District of Pennsylvania at No. 1:CV-97-1881 shall be split 60% to Husband and 40% to Wife. The parties agree that the net proceeds shall be defined as the ultimate recovery from either settlement or litigation less 20% attorney's fees, less costs (a iit&l ag~....'-.m...~_L 8e...~ing ~1"'IV't];a tae- I-fl~I.1~~t1Rgr iR lIhiwl.L ~5iGi aL~J.u~}" 6 r~... !d "''''l''''rR 2h~11 h.... ......'-..'-'i8Ei: :rr- L"J'" :ln~':- :.rtaai. .~ h.......-.....-. 21Jui m:aI'ltea ....... 1:'",,,,.;,,:,.:-:- ~11..}, less $13,000 representing the portion of the initial retainer paid by Husband alone.' Wife's share of the net proceeds shall not be reduced by any value assigned to Latsha, Davis & Yohe, P.C., Kimber L. Latsha, Glenn R. Davis and Douglas C. Yohe claims against Husband. Husband 'For example, if the cases are settled for $100,000 and legal costs are $5,000, Wife shall receive 40% of $62,000 ($100,000 minus $20,000 minus $5,000 minus $13,000) or $24,800. DRAFT.-December 10, 1998 8 /)~ l.-~~y agrees to indemnify and hold Wife harmless from any liability, including costs, for the claims raised by Latsha, Davis & Yohe, P.C., Kimber L. Latsha, Glenn R. Davis and Douglas C. Yohe. Husband agrees that he shall not settle the aforesaid claims without the approval of Wife's attorney, Barbara Sumple Sullivan. Wife agrees to provide Barbara Sumple Sullivan with Power of Attorney to execute all documents connected with the aforesaid claims on her behalf. 11. AUTOMOBILES: Husband agrees to transfer all of his right, title and interest, whatever it may be to a 1995 Volvo to wife. Wife agrees to transfer any and all right, title and interest, whatever it may be to a 1991 Lexus and a l~rl Chevy Blazer to Husband. :ttC- L-~.J ;" d\Jr"h." o..hd ".,,, lI)c(\; ~"Q.I.~(~ ,.h "'O"~ ~~cv.~t 12. ALIMONY: Husband agrees to pay^alimony to Wife in the amount of $600 per month for a period of three years commencing December 1, 1998 and terminating November 1, 2001. 1f Wife's right to receive alimony shall also be terminated by any of the following events should they occur prior to November 1, 2001: (1) Death of Wife. (2) Remarriage of Wife. (3) No Decree in Divorce having been entered within six months from the date of this Agreement or within any extension of said six month period which extension has DRAFT-.Cecember 10, 1998 9 ..,.~..\'" pc-"'\.i:~~ \...l<.",~C C>..\'\) d"".." ~... (\.'I"~r"r(l.~C: e,.. crce'''\- c.J O~ J'G."....,r) :!.\ l'lqq. been agreed to in writing by Husband and Wife or their respective counsel. 13. CHILD SUPPORT: Husband agrees to pay and Wife agrees to accept a sum of $983 per month as child support for the parties child, Louis J. Capozzi, III. The parties agree that this sum consists of a $740 per month child support obligation plus $243 per month for day care. Husband further agrees to pay 65% of all medical expenses incurred for said child which are unreimbursed by medical insurance. The parties agree to the entry of an Order in the aforesaid amount through the Cumberland County Domestic Relations Office. Wife agrees that she shall, through her attorney, Barbara Sumple Sullivan, notify the Cumberland County Domeptic Relations Office J".......,,~~)"1.\ 1'1'1'1. -ACe..- t.':]"c TfL-, that effective DS8emeer 1, 1338, any and all arrearages including any arrearages which may exist on Husband's child support and L LTC'T spousal support obligation on DR Number 530-S-97, PACSES Case ;/.lC n...;~"" ~"''o''\~ w;1\ \-:<:1<. " f"t'\l\<:-w Number 066000071 have been satisfied. 6~ ~ <.hil'" .\"rporl ~"S"'''' 1'<>.- ... \,<"iO,l of. 0"< yc<\.... 14. COUNSELING SESSIONS: Husband agrees to attend three counseling sessions with Wife utilizing the services of Dr. Stanley Schneider for the purpose of discussing their joint parenting of Louis. 15. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is ORArr..Oecember 10, 1998 10 proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 16. WAIVERS OF CLAiMS AGAINST ESTATES, Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 17. SUBSEOUENT DIVORCE, Both parties agree to execute Affidavits of Consent to Divorce and Waiver of Notice of Intention DRAFT..December 10. 199B 11 , . to Request Entry of a Divorce Decree pursuant to Section 3301(c) of the Divorce Code contemporaneous with the signing of this Agreement and shall direct their respective counsel to immediately file with the Court said documents. Wife agrees that she shall direct her counsel to immediately file with the Court a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. 18. BREACH I If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 19. ADDITIONAL INSTRUMENTS, Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 20. VOLUNTARY EXECUTION, The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of Barbara Sumple Sullivan as her attorney. The Husband has employed and had the benefit of counsel of J. Paul Helvy as his attorney. Each party acknowledges that he or she has DRAFT--December 10, 199B 12 received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the new Pennsylvania Divorce Reform Act, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court of Common Pleas of Cumberland County or any other Court of competent jurisdiction to make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente DRAFT..December 10. 1998 13 lite, equitable distribution of all marital property, counsel fees and costs of litigation. 21. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 22. MODIFICATION AND WAIVER, A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. MUTUAL ACCEPTANCE: The parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against each other for their support and maintenance, and also alimony, alimony pendente lite, counsel fees or for any other provision for their support and maintenance, and also alimony, alimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever pertaining to any divorce proceeding which may have been or may be instituted DRAFT--Oecember 10, 1998 14 by the parties in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may be instituted by either party in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs or expenses incurred or to be charged by any counsel arising in any manner whatsoever for breach of this Agreement. 25. DESIRE OF THE PARTIES, It is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to, or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's maintenance and/or for support, alimony, counsel fees and costs. 26. INDEPENDENT SEPARATE COVENANTS, It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 27. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 28. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. DRAFTa-December la, 1998 15 29. VOID CLAUSES, If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 30. DISCLOSURE, The respective parties do hereby warrant, represent, and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosure, fraud, duress, undue influence, or that there was any absence or lack of full, proper, and independent representation. DRAFT..December 10, 1998 16 Divisioa of Marital Propclty. Lisabeth Eamcs and Louis J.Cnpozzi, Jr. January, 1998 Lisabeth I'olsll'ans SIOO. Blue dishes S40. Serving I'lc~es S50. Ulenslls S25. Micro\Vi\vc S50, Hulch SIOO. d~sk chair &. 575. ~ Table &. chairs S350. VnclIlInt S75. Com pUler &. 52300. Printer &. Cllbin~l LOll Cnpuccino Mkr Posta Mnker &. Accessories $50. 550. White chinn sel $50. 1/2 of conee mugs Volleyball Nel Horseshoes $40, ~O<!. ",e~. Anlique mirror 575. 1/3 of CD's 5400. 2/3 of CD's 5800. 5175, Black 1I111iqu~ 5500. clo~k SIOO, Black kath~r 1560. chi\ir & ottom:lI1 I 530. CDpla)w F~~ 1I1;1Chil11: SII' do)' 1'01 I Louis's toys & fut1lilUre Sufa "" llIuck reclinel' I 5800. I 530, H~ad busl COnl~r TV cOlbincl, TV I vel( nm:7~.l...1~:i:.:.EIi3>,J>.....t;";J'l"f'~~.J; I I I I I I 5500. !W 1 "r. ~.J... I S5(1!1. I $,00. I $~UU, 15200, I ~~: ~\. I -...-.---- ._!_-~..- .- I I :. r~..:_lin~ls I Sl~igh coff.. lable I 2 elld lab!os 11","'" -.-....----...-...-----: ,i.: l.r~'.:;-.:rl~....,.:-j,7{<' ,/~. .-.....~ ... '-' Pre.Marital Egg pninling.LI3 '. " . ",t. ""1' i I -i I 1 I ------.----------.. Lou.his books, enc>'c\op~dia LI3.3 leak lubks &. bookcnse, pklun:s &. lamps, !looks I I I I I I I ! LOl!'Si:Ull::' . ~\Il!~':li~'\:l. l'~..'llllls ,\. , T:\j):i ! LB':~':'.l:'~h ~1.: l.lj'\,';> , ., . . . Jue;l Lnmp SSO. Brass bed &. S800. LB. Iron bed & 3edroom mollress 8:- mallress, Imnk, Sloss bedding vanity &. cltolr, cnd tllble, sewing machine . Grnndmn's quilt S17S. Square onlique S80. Lou. while. record. . , mln'or &. low cabinet .. 0" . ", . loble Anllque rocking S100. choir Ulllilles Lisabelh Lou Pre.Morhnl .".:. Garnse WnsherlDryer S300. Iron wood stand SSO. Bn:e, gold clubs Refrigerolol' S200. ('1-;..' Toolvshelves, SIOO. ,/2- \00\.."5. garnge slufr Volvo, 1996 S22,000 Blazer, 1997 S10,000 Emcrald brncdcl 5300. ~\~P.eE.ll-\ ~ I)inm,,'ncl dinut:1' ring S600. Sapphire brneelcl SIOO. ^melhvst brocelel SIOO ~'_."'''~'''''''-'''''.,t, ~':"'.J'''''''':O-: I ,...~...' ., ',',' .",..... ,",""" . ......".... .. .,.'."....--..- .-.......-..... LI'Sf'o\7eTI-t Lov 5 .U"", ",. "",,1,1 ?i; IJ') ~~ .... .. ~- ~~ .3 Oz :1.: ()~ It~ 0- Cl~ ~8 ...,~... N ",...(/) :.1;' :::ie.>.. U.:;.j; u:~ ro UI:U 1.oJ ftj:.L.. r- l.o. -~ l'- Co" :.5 u (l'\ <..) . . , . . t';; ..:I' ;- ~ c f_:.: W!"""' e." ',). 0'" ~,d,' '..~ . ; 1.(' (t: I - , : , . qc: ~'~~'5 ai" r- l.l..l~ N it~: ; :- ,; '.-., I" ::= i, ):;~J " ~. ~Lt. II. - r- ....: 0 ::l l.1' U ~ ~ ... ~\:) ~ ~ ~ r'l .... ~ rlo ~ t; '-.) ~ '-I- ~ '" '" ... {; .. '" V<;, I'l'\ ;.. ~ ~ ~ ~. ~ dQ:i)~ H 105.15' REV.ssO CO"'MON~[AL Tft OF PCNNSYLVANIA DePARTMENT OF H[ALTH VITAL RECOROS '17. .l7tfS. e."/. COUNTY Cumberland DIVORCE IRJ RECORD OF OR ANNULMENT STAT I FlU NUMBER ICHECK ONE' o StATI FILii DATE HUSBAND 1. N4ME IFi"t} IM,ddf.1 L.llt Louis J. Capozzi, Jr. " RESIDENCE SI~.t or R.D. C.tl'. Boro. 0' Twp IInll' t.,~ 405 Herr Street Ivania 17102 5, NUMUER OF THIS 1 OTHEC:::jpeC,t'l'l MARRIAGE WIFE . MAIDEN NAME IFi"t} IMrddl,} IL,,'l EAMES Lisabeth E. Ca ozzi I., RESIDENcr srr,.tor R.D. Cltl'. Boro, or Twp. Collnty Stolt. 333 East Mcadow Drive Mechanicsbur Cumberland Penns 12, NUMUER 13, "A o LACK OTHER lS""c'f,1 WHITE OF THIS 1 UI 0 0 "'A"'HAG ;,. DATE. OF OIRTH 4. PLACE or BlATH J. USUAL OCCUPATION "' v N' 10/20/61 .t.o, Dr"[1" untrl' New York Attorne i. DATE OF BlnTH 11. PLACE OF 70M"T" U A ION Mo"th D.V VN' 07/23/60 IStIt. Dr Forrig" eDllntry} Mar land "" PLACE OF 'CoutHI'} OFTHIS MARRIAGE l7A. NUMBER OF CHIL. HP. DREN THIS MARRIAGE 1 I ,. NUMPER OF HUSBAND WIFE SPLIT CUSTODY CIULDRENTO D [jJ 0 CU~TOOV OF " DATE OF DECREE 'Month} 10.1'} ISIII.or Forri", eDllnlrl'} HR Mana er D4TE OF 'Month} 0.1' THIS MAARIAO. 07/28 90 VN' Penns Ivania 18. PLAINTiff HUSBAND o Wlrt !Xl OTHER ISDnil,1 o . HUSBAND o WIFE IXJ OTHER IS,"cllvl o 'YNr} 21 LEGAL GROUNDS FOR DIVORCE OR ANNULMENT 3301 of the Divorce Code 23. DATE REPORT SENT Month TO VITAL REconos o.v N' OTHER ISpetityl o 14. SIGNATURE OF TRANSCRIDING CLEnK ... >- b: ..:J t- ,.;.. .- ~; c.~ '..~~:: UJ;'-, <..,2 i.'~. ,. .,...;. If:i ..:.; u! "'~~i ~h in f' I -l~. ....J". ~ C.:1 "."'i.cJ -,-Ils r!: I.'.: ~')O. 1.1.- ...:--: lI_ cr. " ~ 0 0' U . . fi ('\I c:; ..:: '"" 9 ;~~ ~~:. u..p. '-'" 0:.... -'- 0r~' 14~: .._:; g- .:):::; l_' r.- - 1;[2 ~",. I li.:!'. C:l ....... I'. lI.1 ' ,'ii"t; -, Ll... ~. iiJ.. ". 17, ~. 0 -~) O'l U ~ C'I ~ (-- ..:J ., t; 9 ~j:-( U.I.. . . )~ . 0" \~~~ If t, ...... .l...:"1 ..~- ~('" ." t'i) " " " , a.l'-- I ~. ":? , fi:Y' CoO, ,'~iw ~'. l.': ~::~n_ u... " cr. ~) Q Cf\ 0 . . .... , , ~ LISABETH E. CAPOZZI, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. . . LOUIS J. CAPOZZI, JR., Defendants 97-2795 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of June, 1998, upon consideration of the Plaintiff's Petition for Emergency Relief and of Defendant's petition for modification of this Court's September 30, 1997 Court Order and following a hearing, it is ordered and directed as follows: 1. Plaintiff's Petition for Emergency Relief is DENIED. 2. Defendant's Petition for modification of this Court's September 30, 1998 Court Order is granted to the extent that the order is vacated effective this date, except as to the requirement that neither party dispose of, dissipate or sell (or otherwise diminish the value of) various specified assets. 3. Nothing in this order is intended to represent a ruling as to what assets are marital property, nor to represent a ruling as to equitable distribution. Nothing in this order is intended to preclude Plaintiff from arguing on the parties' appeals to this Court from a recommended support order that her reasonable expenses, including mortgage payments, are such as to warrant a support guideline deviation. By the Court, C\ rc,O;:F:::: C~ ' .., ,. ",",::1 (,:'1 I'" .." ... u .;";.' ~ . {I ,. ; .. ~ \ '. r .' !. , ciJ....,. '- F~;<t.;::..L-, -.: LISABETH C. CAPOZZI, PlaintilT v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW LOUIS J. CAPOZZI, JR., Defendant NO. 97-2795 CIVIL TERM AND NOW, this ORDER OF COURT '. '.: 'I L day of September, 1998, upon consideration of Plaintiffs Petition for Emergency Relief, a hearing is SCHEDULED for Friday, October 2, 1998, at II :00 a.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, John J. Connelly, Jr., Esq. P.O. Box 650 Hershey, PA 17033 Attorney for PlaintilT J. Paul Helvy, Esq. 218 Pine Street Harrisburg, PA 17101 Attorney for Defendant ~ I). :J:J.'lf ~ y' n 1..') ~ co. :::1 \') ~-'::. :.') ::1 C::', , " ;..., iiY"'l :"',.; ~'.:' 1', ,- i . '> --.;n - "1.'0 ,:1 '} " , " .",.-. .. ' -', ~_.'" ~::: ::~ . ; .. .,.a ',"') - . ;;1 LjI'n " . :CJ ::> ~~ -. c::> ~) -.; Lisabeth E. Capozzi 333 E. Meadow Drive Mechanicsburg, PA 17055 PlaintilT :rc .~~ .~ I i~ . to- wt~ .-f ~8~ 10.. St~ IaI ~w~ GO t;z C liu~ ~.~ =~~ ww~ .~. w _ . . . i > '<eo ._ ~ ~ ~ .., U .., ~ ~ '" ~ ~ :S lJ Z [E >< ~ o ::J ill ~ ~Qciz . . f ,. i ~ g / ffi la III ~ . ~!5e ~iU ~ i= . > I ~ w~ - .~ 5 ~w . . =.=8 5~~~~ z R~~ w~i~= ~w III.Z d! ~i = making the monthly mortgage payment. Until recently, the Respondent had been making mortgage payments from the Merrill Lynch account and under prior Order dated September 30, 1998. 6. Approximately one week ago, your Petitioner received a notice that the mortgage was delinquent. Said notice is attached hereto and marked Exhibit "B". Your Petitioner contacted the mortgage company and was advised the mortgage was delinquent in the amount of $3,775.44 for the months of August and September 1998. 7. The Respondent never notified the Petitioner that the he did not intend to make the mortgage payments and the Petitioner found out of the delinquency through the attached Exhibit "B". 8. The Respondent has control of a Smith Barney account with a substantial balance in excess of $70,000.00. The said account would permit Respondent to bring the mortgage current and continue to make payments pending the sale of the marital residence which has been listed for sale for the past six (6) months. 9. The Divorce Master will be in a position to address equitable distribution issues including any advances from the Smith Barney account to bring the mortgage current and continue timely mortgage payments pending the sale of the residence. 10. The Respondent has failed and refused to cooperate in preparing the marital residence for sale thereby causing a delay in the sale process. . . r . LISABETH E. CAPOZZI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. . . . . LOUIS J. CAPOZZI, JR., Defendants 97-2795 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of June, 1998, upon consideration of the Plaintiff's Petition for Emergency Relief and of Defendant's petition for modification of this Court's September 30, 1997 Court Order and following a hearing, it is ordered and directed as follows: 1. plaintiff's Petition for Emergency Relief is DENIED. 2. Defendant's Petition for modification of this Court's September 30, 1998 Court Order is granted to the extent that the order is vacated effective this date, except as to the requirement that neither party dispose of, dissipate or sell (or otherwise diminish the value of) various specified assets. 3. Nothing in this order is intended to rep~esent a ruling as to what assets are marital property, nor to represent a ruling as to equitable distribution. Nothing in this order is intended to preclude Plaintiff from arguing on the parties' appeals to this Court from a recommended support order that her reasonable expenses, including mortgage payments, are such as to warrant a support guideline deviation. By the court, ~ 0 ~ c Z 1,- ., :')<r w9. ~ 0-' t'f"" :\" u~ -c' ~.iS c... q~ ~c;' \D "~'(;l ,.- ~)Z LW(.1.. - ,....., -""'LLl 0.. :i1U1 [C. \.JJ .""t~ll1.. -~ ... </> ..?- ll" ,p ::> 0 '" U 5. "Bifurcation separates the termination of the marriage from the distribution of property so that the marriage and each party's personal life are not held hostage to economic demands." !S. at 317, 464 A.2d 1362. 6. "Each case must be reviewed on its own facts and only following the court's determination that the consequences of bifurcating the case will be of greater benefit than not bifurcating should it grant the petition." Mosier v. Mosier, 518 A.2d 843, 845 (Pa.Super. 1986). 7. A trial court has discretion to sever economic claims from divorce claims. Fenstermaker v. Fenstermaker, 348 Pa.Super. 237, 249, 502 A.2d 185, 191 (1985). 8. The parties have been separated since June of 1996. Although a Divorce Master has been appointed in the above-captioned action, the parties have been unable to obtain a date for the Master to hear the economic issues in this case until February 1, 1999. 9. The petitioner believes and therefore avers that litigation regarding the outstanding economic issues could continue into the next millennium. 10. This anticipated delay in the finalization of the above- captioned divorce is adversely effecting the Petitioner in that: (a) It is his sincere desire to remarry and have more children; 2 >- a, ...... ~ c E:: t-' tY: 5~ wQ (:.:)~ ~... -- \.):'"1' ..r.) .I..~I: u: -:i: n~ (").... ,.0;: fir 1.0 ::,'in (~:. -- N _JZ ~.Jl' , .- f.5(fi a:-" u ~- ,;) 0.. .,. Q '. .~ 11- u, :-J l.) '" l.) I ~w i .~ i~ , , i ~ft! , ~ I , i .t- 1 ~w! t:lz ~o_ co Uo I Wo~ c:: i U." a.. i .c , =wl C[ , :~ , ~ '~2 r.a .-- ~ ...l ~ ~ u .... old ~ ~ ~,~ ~ IE ii! >< > o ~ ~ ~ ~ Q. 0 12 j~.;~ :2 w fI) ~ ffI Ie ~ . e!ss ~iU ~ ~= e ~: ;: =k 5 'w . o. ~ ~g Irea~ . ~~8:~ ,,,~S! ~~n~~ ~ , . L ! , , i i ; , > i I i ! , i , adjunct professor teaching one course. 6. The parties are the parents of a minor child, Louis J. Capozzi, III, date of birth October 11, 1994, who is In the primary custody of your Petitioner. 7. The Respondent has failed and refused to provide Petitioner with any financial support since her refusal to accept the position in the City of Baltimore. 8. A support conference has been held and an Order has been entered from which both parties have appealed. 9. It Is the request of your Petitioner that funds be advanced from the Smith Barney account referenced in Exhibit "A" for the purposes of providing the Petitioner with an advance on equitable distribution In order to assist her with her expenses and provide her with financial assistance pending the finalization of the divorce action. 10. All of the cash assets of the parties are in the possession of the Respondent. 11 . The parties marital residence located at 333 East Meadow Drive, Mechanlcsburg, Pennsylvania, the home of the Petitioner, Is listed for sale. The proceeds from the sale of the marital residence will provide additional funds of marital property for distribution and. therefore, an advance from the existing stock account will not plejudice the Respondent. 12. The Petitioner is requesting that the Court advance $20.000.00 from the Smith Barney account to assist your Petitioner pending the resolution of the divorce action. A pre-trial conference is scheduled before the Divorce Master. E. Robert Elicker, on June 22, 1998. plans with Smith Barney, Fidelity Investments, The American Funds Group/Capital Guardian Trust Company, Mid.Penn Bank and Harris Savings Bank, Including an Interest In Respondent's businesses, the values and balances of said accounts are unknown. 6. Petitioner has reason to believe that Respondent has already or will be diverting or disposing of these marital funds, defeating Petitioner's claim to equitable distribution of the aforesaid marital property. 7. Petitioner believes that Respondent has opened his own law office and has or will use marital funds for this purpose. The need for his own office arose from the break up of his former law partnership, Latsha & Capozzi, P.C. 8. Petitioner does not have access to the marital funds and needs to Insure that they are preserved for equitable distribution purposes. 9. Immediate and irreparable harm may be caused If the Court does not Issue an Injunction. 10. Respondent has not provided a list of said assets or an accounting of the use of any of the marital assets, although requested by Petitioner's counsel, John J. Connelly, Jr., Esquire, In correspondsnce dated June 12, 1997 to Respondent's counsel, Bruce D. Desfor, Esquire. Said correspondence is attached hereto and marked Exhibit II A". WHEREFORE, your Petitioner respectfully requests that this Honorable Court grant the Petition for Special Relief and enter an Order directing that >- r-. '- c; c: In ~ ;~ '..~ UJ'. . ':1 1 - ~~~ . L.., V- A.~ :...: lL 01 ~ ~. , t ' l:~: c) Ull--. '1-.' :Jl.. . :::J "- . ~; ~ . 1 ~.... I:' -.. lL r- :s 0 C" 0 >. "- ! C. -~. r ~ ,.- " ~ -:; .. ._'. ~ III _1 ._~, ( ,. '. .~ [;'-1 0.-0 ::;.; - L. " , 0"" ~:.. > ('1- C:. .. ~J 1 ,. " .J U l" L.~ j i'. t. I ,) L..' u. r_ < 0 cr- '::3 .~ ~~. u.". >- If) ~ ~, cr; u; ~ I.~ ~. 1.11[;': . , Q -. ..... .: )...> ~.~~.:. F'" .... 9' c.c :.')~ '1 ( .n (..)1. ..' U.I~'.' C'~ ~ .. ~ [tLl ~ ,,- 1':~i~'J ... \, J :.')0:: t., v, II. ...: 0 r- :::> 4 €) en U ~ a: . m w 0 w 0 II. . E ~ en ~ ~ u W 0 ~ u C z ;: 8 . d " '" 0 w o a: . . ::l ~ en < a: ;; o m " W Go ,~ 0 )- z a: W 0 a: ::E :; 0( J: ~.' i.~.llE "'-.;$ " ~:I ~ 1997 LISABETH E. CAPOZZI, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2795 CIVIL TERM vs. LOUIS J. CAPOZZI, JR., Defendant . . CIVIL ACTION - LAW IN DIVORCE MOTION FOR THE ENTRY OF COURT ORDER 1. Movant is Louis J. Capozzi, Jr., Defendant in the above captioned action. 2. Plaintiff filed a Petition for Special Relief on July 1, 1997 which was scheduled to be heard by the Honorable Wesley J. Oler on July 3D, 1997. Said Petition for Special Relief requested that various assets of the parties be frozen pending a hearing on equitable distribution. 3. Prior to the hearing on Plaintiff's Petition for Special Relief, the parties and their counsel met for a four party conference to discuss the issues raised in Plaintiff's Peti tion. 4. At said four party conference, the parties and their counsel reached an agreement and determined that said agreement should be encompassed by an Order of Court. Said Order is attached hereto. 5. Movant respectfully requests that the attached Order become an Order of Court. I I \1 I' 6. Plaintiff hereby joins in with Movant's request, and agrees and requests that the attached Order become an Order of MEYERS. DESFOR 410 NORTH SECOND STREET . POBOX 1062 . HARRISBURG. PA 17108 17111236-9428 . FAX 1717) 236-2817 ~ LISABETH E. CAPOZZI, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. LOUIS J. CAPOZZI, JR., Defendant NO. 97-2795 CIVIL TERM AND NOW, ORDER OF COURT this 1'7~day of February, 1998, upon consideration of the attached letter from John J. Connelly, Jr., Esq., attorney for Plaintiff, the hearing previously scheduled in this matter for February 26, 1998, is CANCELLED. BY THE COURT, John J. Connelly, Jr., 108-112 Walnut Street P.O. Box 963 Harrisburg, PA 17108 Attorney for Plaintiff J. Paul Helvey, Esq. 218 Pine street Harrisburg, PA 17101 Attorney for Defendant Esq. >,~w C"fU<~ .;J. .711. 97 ....,...... :rc n on 0 ~:~, . c~) "'q ~~ ," , -., ~1 (/ r" .~ . !~J .';l:n ,- c ..n .' '.:J .':-; ; .'J ~6 1"-,. '..( . ~.~ ( ...:U :-'(' , ':"Cl -', - 'J1n .. ._~ ... ~. -- (J1 :i.l .... , \ accou~t 5:Dtcrnen~s for Smith Barney 3cc:~nt e13B-:1751-14-089 , ~'''di .... ! verif~c~~ion tha~ all monthly bills as ~isted alJ:"'~1 havA bee~ pa:..d. i I Pla:ntiff shall be provided with S!,OOO, in =as~, from said 1 acco~nt :? pay her attorney fees and ot~=r. expensss. Said 55,:001 shall be ~istributed to Plaintiff as a~ advance :~ equitable I distrib~tion. This advance shall not :re~udice ::aintiff in a~y I way fro~ seeking f~ture attorney fees ~~1er the ;ro~isicns of th~ I , I I Divorce :ode. r.:ic.:. -cionallj", the Defendant shall :s perrnit:ad ":0 Hi thd~s....; i $7, JOO f::om this a~count upon the exe-::'~-_ion of t:~is :Jrcer ':'.) !=ay i his currant counsel fees regarding the ~=eservat:~:l ~f his fcr~eJ I Any :u,,;'.:~e 'Nithc.~'~~':f:;.s from ,:::.is : I , , , business/'legal p=actice asset. ace cent :0 pay for these business rela:.~ legal faes shall only be upon the agreement of the parties. BY THE CC::RT: , II i' I' .I '1 :j !I !I 'I ii il I I IsI S-. fA) /JLl fl.J rr;e...., ~ . II " II ~ i ~~~..':' ro--'\v ~~l'-~ \ :;."':'-.....""'.':' ~ t._ _ .,......, J ..\.....<! ' ...t.,~..:J ~r) :..:L::-", :::-;"..~:. I ~ 11\: ;,:~. .., ......y h:md anJ Ihe !.';J! :d .::-:.. ....';ot 3t L~ri.~,~, :~~. This .....L-ft. C~'1 OfH6'Jd:.:, 11..9..1.. ....~._~....a...,...O?t.;.(I..t......... ~f1tt. Prothonotary MEYERS & DESFOR " .. , LISABETH E. CAPOZZI, Plaintiff , ti vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2795 CIVIL TEro1 LOUIS J. CAPOZZI, JR., Defendant 1. 2. I' " I, :1 5. , i I , , 6. !: " , , ,I , ;: CIVIL ACTION - LAW f'"'I UJ IN DIVORCE r:~ " ,,~ ;:g.~: ;:q .'J MOTION FOR THE ENTRY OF COURT ORDER~ ~, ''': . . ...., _ l;:; ~J. r;'\ -.'-~ Movant is Louis J. Capozzi, Jr., Defendant i'n,,:the. abov~ :- ", r;~:' _. captioned action. '. ...._ ...;'?'"i __:: ~ . ~tn ~-~ . " .:;i Relief'- orJJlJuly 1, Plaintiff filed a Petition for special 1997 which was scheduled to be heard by the Honorable Wesley Said Petition for Special Relief II requested that various assets of the parties be frozen , I J. Oler on July 30, 1997. pending a hearing on equitable distribution. 3. Prior to the hearing on Plaintiff's Petition for Special Relief, the parties and their counsel met for a four party conference to discuss the issues raised in Plaintiff's Petition. 4. At said four party conference, the parties and their counsel reached an agreement and determined that said agreement should be encompassed by an Order of Court. Said Order is attached hereto. Movant respectfully requests that the attached Order become an Order of Court. Plaintiff hereby joins in with Movant's request, and agrees and requests that the attached Order become an Order of MEYERS.DESFOR 410 NORTH SECOND STREET . POBOX 106' . HARRISBURG. PA 17108 17171236.9428 . FAX 17171236.2817 ... LISABETH C. CAPOZZI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION . LAW LOUIS J. CAPOZZI, JR., Defendant NO. 97-2795 CIVIL TERM ORDER OF COURT AND NOW, this ~f{,day of February, 1999, upon consideration of the attached letter from J. Paul Helvy, Esq., attorney for Defendant, the hearing previously scheduled in this matter for February 18, 1999, is CANCELLED. BY THE COURT, Barbara Sumple-Sullivan, Esq. 549 Bridge Street New Cumberland, P A 17070 Attorney for Plaintiff e~ /)y\.IL~( .;J. 'I, 'i ~ '1,-'. J. PauLHelvy, Esq. 218 Pine Street Harrisburg, PA 17101 Attorney for Defendant :rc -) ;, . or' ... ..... ~ .;:~ J ".:....';...;,; ,.. ,.. . "-'...>.-_,.:. '---:. ~,"J. ::i,.J~ ..-,' I ,.,. ._...._., :;......:J.'!V.;",,:.JiL.:: " such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understand and agree that neither shall do or say anything to the parties child at any time which might in any way influence the child adversely against the other party. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not and in the future, except as set forth in this Agreement, she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not and in the future, except as set forth in this Agreement, he will not contract or incur any DRAFTu~cember 10, 1998 2 , debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. MUTUAL RELEASE I Subj ect to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands known or unknown, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except for all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code of 1980 and the 1988 Amendments thereto including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. Should a divorce action be commenced by either of the parties, the moving party shall request the Court to incorporate, but not merge, this Agreement into any divorce decree. If this Agreement is incorporated into a divorce decree, the parties shall have the right to enforce this Agreement under the Divorce Code of 1980 and ORAFT..Deeember 10, 1998 3 , . the 1988 Amendments thereto in addition to any remedies in law or equity and these enforcement rights are not waived or released by any of the provisions of this Agreement. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Divorce Code of 1980 and the 1988 Amendments thereto, does not give either party the right to raise other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement. 6. DIVISION OF PERSONAL PROPERTY: The parties agree to divide their personal property in the manner set forth in the list of personal property which is attached hereto and marked as Exhibit "A". The parties agree to make arrangements within sixty (60) days of the signing of this Agreement to pick up any property to which they are entitled which is in the possession of the other. Both Husband and Wife waive any and all right, title and interest they may have to the property to be distributed to the other in accordance with Exhibit "A". 7. DIVISION OF REAL PROPERTY: A. Husband agrees to transfer all right, title and interest in and to the real estate situated at 333 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055 now titled in the name of Husband and Wife as tenants by the entireties to the DRAFf..December 10, 199B 4 Wife and agrees to immediately execute now or in the future any and all deeds, documents, or papers necessary to effect such transfer of title upon request. Husband further acknowledges that he has no claim, right, interest, or title whatsoever in said property and further agrees never to assert any claim to said property in the future. Husband agrees to assist Wife in satisfying the existing mortgage on the aforesaid property and obtaining a new mortgage in Wife's name alone in an amount up to $170,000 utilizing the aforesaid property as collateral. Wife agrees that she shall cooperate and take all steps necessary in order to effectuate the satisfaction of the existing loan. Wife further agrees that she shall cooperate and take all steps necessary in order to obtain a new mortgage in her name alone on the aforesaid property. Finally, Husband agrees that if Wife is unable to obtain a loan in her name alone on the aforesaid property, he will co-sign a mortgage on the aforesaid property in an amount not to exceed $170,000. Husband agrees to pay the closing costs, excluding points, associated with the refinancing of this mortgage. Wife agrees to be solely responsible for the payment of any points associated with the refinancing of this mortgage. B. Wife agrees to transfer any and all right, title and interest in and to the 670 North 19th Street, Philadelphia, Pennsylvania property to Husband now titled in the name of Husband ORAFT..December 10. 1998 5 and Steven Hanford as tenants in common. Wife further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. 8. DISTRIBUTION OF FINANCIAL ASSETS: A. Husband agrees to transfer all of his right, title and interest, whatever it may be, to the following assets to Wife. (1) Wife's Smith Barney IRA with an approximate value of $6,968. (2) Wife's pension with AMP with an approximate value of $6,092. Husband acknowledges that he has no claim, right or interest whatsoever in said assets and further agrees never to assert any claim to said assets in the future. B. Wife agrees to transfer all of her right, title and interest, whatever it may be, to the following assets to Husband. (1) Husband's Smith Barney IRA account number 138-60016-12 with an approximate balance of $5,615. (2) Husband's Mass Mutual Life Insurance Policy Number 8-667- 034. Husband agrees to maintain Louis J. Capozzi, III, as the irrevocable beneficiary of said policy. (3) Husband's pre-marital life insurance policy with Mass Mutual, policy number 8-531-187. Husband agrees to DRAFT-~December 10, 1998 6 , . ~~~ 9. ~P SUM PAYMENT TO WIFEI Husband agrees that within -j-( (J_, /dij .;;-cU L (21/ J /2(1}f l-L.- L St Tt- lfl:.II.l.y \OUI \{"yo of thp. signing of this Agreement-, he shall transfer $15,000 to Wife. 10. DISTRIBUTION OF PROCEEDS FROM LATSHA AND CAPOZZI LITIGATION I The parties agree that the "net proceeds" from the settlement or litigation of the case of Louis J. Capozzi, Jr. v. Latsha & Capozzi, P.C., Kimber L. Latsha, Glenn R. Davis and Douglas C. Yohe filed in the Court of Common Pleas of Cumberland County at No. 97-5584 and Husband's counterclaim contained in the case of Latsha, Davis & Yohe, P.C., Kimber L. Latsha, Glenn R. Davis and Douglas C. Yohe v. Louis J. Capozzi, Jr. filed in the United States District Court, Middle District of Pennsylvania at No. 1:CV-97-1881 shall be split 60% to Husband and 40% to Wife. The parties agree that the net proceeds shall be defined as the ultimate recovery from either settlement or litigation less 20% attorney's fees, less costs (a fee .agreement- ""tt-in~ f"",t-h t-qe- ~'Lt, ;'-(-:sL \.J IDallUC. ':'R whi~ eaiJ aLLv.l.ucJ~ fees-alul c~a~8 BRall bg ":'"71 11at,cd ahd ~ ..l.taoaed here:te _..d lll"rltec1 as c,d.lell. ,"13"), less $13,000 representing the portion of the initial retainer paid by Husband alone.' Wife's share of the net proceeds shall not be reduced by any value assigned to Latsha, Davis & Yohe, P.C., Kimber L. Latsha, Glenn R. Davis and Douglas C. Yohe claims against Husband. Husband 'For example, if the cases are settled for $100,000 and legal costs are $5,000, Wife shall receive 40% of $62,000 ($100,000 minus $20,000 minus $5,000 minus $13,000) or $24,800, DRAFT--December 10. 1998 8 , agrees to indemnify and hold Wife harmless from any liability, including costs, for the claims raised by Latsha, Davis & Yohe, P.C., Kimber L. Latsha, Glenn R. Davis and Douglas C. Yohe. Husband agrees that he shall not settle the aforesaid claims without the approval of Wife's attorney, Barbara Sumple Sullivan. Wife agrees to provide Barbara Sumple Sullivan with Power of Attorney to execute all documents connected with the aforesaid claims on her behalf. 11. AUTOMOBILES: Husband agrees to transfer all of his right, title and interest, whatever it may be to a 1995 Volvo to Wife. Wife agrees to transfer any and all right, title and interest, whatever it may be to a 1991 Lexus and a 1997 Chery -./ ~ f c... L-;r:=.r- I}(}l t77ctJyfo I!d '- OJ.UN Mi' au /(J( ~) ALIMONY: Husband agrees to pay~aliffieHY to Wife in the aq~JA,f Blazer to Husband. 12. amount of $600 per month for a period of three years commencing Decembc::r.1, 1998 and terminating Noveml::.er 1, 2001.X- wife's right to receive alimony shall also be terminated by any of the following events should they occur prior to November 1, :;:001: (1) Death of Wife. (2) Remarriage of Wife, (3) No Decree in Divorce having been entered within six months from the date of this Agreement or within any extension of said six month period which extension has DRAFT--Decemher 10, 1998 I..~\\~ I3c"!/)IJa}~(v. {(hilt /l.J// clCl/)) /11 a/('{~ 11(./( f!la//! ;?'J ! ,jJ//(/(/;Y 3. /PP,P, 9 /J been agreed to in writing by Husband and Wife or their respective counsel. 13. CHILD SUPPORT: Husband agrees to pay and Wife agrees to accept a sum of $983 per month as child support for the parties child, Louis J. Capozzi, III. The parties agree that this sum consists of a $740 per month child support obligation plus $243 per month for day care. Husband further agrees to pay 65% of all medical expenses incurred for said child which are unreimbursed by medical insurance. The parties agree to the entry of an Order in the aforesaid amount through the Cumberland County Domestic Relations Office. Wife agrees that she shall, through her attorney, Barbara Sumple Sullivan*~notify the Cumberland County Domestic Relations Office L 'J'C it'! t. an XlI{/ 1l/.3/ l'l? q that effective ~c:!:mbat 1: 195'y, any and all arrearages including any arrearages which may exist on Husband's child support and spousal support obligation on DR Number 530-S-97, PACSES Case -rJU 'f1;" ( NUmRe.r 0660~00,7,1. hf've been sati~fJ.~e. .I(U' 1f/ p({i/~ ~ttL'LAlI/, . O...Jte,/ttLt.' If f/ll... ly;l,4:'X --allLljJ(.: ( ,'1({J1/ lL 4'J n... ~ (I L rI OL( 1f/'<<1'( J-."- c. 14. C6UNSELING SESSION?':' ifuil'ld 'grees to attentl' thri~"" ~c -;/1- L counseling sessions with Wife utilizing the services of Dr. Stanley Schneider for the purpose of discussing their joint parenting of Louis. 15. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is CRAFf..December 10, 1998 10 proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 16. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 17. SUBSEOUENT DIVORCE: Both parties agree to execute Affidavits of Consent to Divorce and Waiver of Notice of Intention DRAFT~-December 10, 1998 11 to Request Entry of a Divorce Decree pursuant to Section 3301(c) of the Divorce Code contemporaneous with the signing of this Agreement and shall direct their respective counsel to immediately file with the Court said documents. Wife agrees that she shall direct her counsel to immediately file with the Court a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. 18. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 19. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 20. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of Barbara Sumple Sullivan as her attorney. The Husband has employed and had the benefit of counsel of J. Paul Helvy as his attorney. Each party acknowledges that he or she has ORAFT--Oec:ember 10. 1998 12 received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the new Pennsylvania Divorce Reform Act, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court of Common Pleas of Cumberland County or any other Court of competent jurisdiction to make any determination or order affecting the respective parties' right to a divorce, alimony, alimony pendente DRAFT..December 10, 1~98 13 lite, equitable distribution of all marital property, counsel fees and costs of litigation. 21. ENTIRE AGREEMENT I This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 22. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. MUTUAL ACCEPTANCE: The parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against each other for their support and maintenance, and also alimony, alimony pendente lite, counsel fees or for any other provision for their support and maintenance, and also alimony, alimony pendente lite, counsel fees, costs and expenses and any other charge of any nature whatsoever pertaining to any divorce proceeding which may have been or may be instituted CRAFT--December 10. 1998 14 by the parties in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may be instituted by either party in any court in the Commonwealth of Pennsylvania or any other jurisdiction or any other counsel fees, costs or expenses incurred or to be charged by any counsel arising in any manner whatsoever for breach of this Agreement. 25. DESIRE OF THE PARTIES: It is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to, or against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's maintenance and/or for support, alimony, counsel fees and costs. 26. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 27. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 28. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect. DRAFT..Deeember 10. 199. 15 29. VOID CLAUSES I If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 30. DISCLOSURE I The respective parties do hereby warrant, represent, and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosure, fraud, duress, undue influence, or that there was any absence or lack of full, proper, and independent representation. DRAFT..Deeember 10, I'" 16 IN WITNESS WHEREOF, the parties have hereunto set their hands and the day and year first above-written. / DRAFT..December 10. 1998 17 Divisioll of Marital Pl'opelty - Lisabeth Eames and LOllis J, Capozzi, JI', January, 1998 len Lisabeth Lou Pre-Marital I'olsll'ans S100. Cnpuccino Mkr $50, Egg painling,LB Blue dishes S40. I'nsla Maker &. S50, Accessories , ." .. , . '..',', Serving Pieces S50. While chinn sel $50. Uleusils S25. 1/2 orcon;,e ....... mugs Microwave S50, Volleyball Net $40. HOI'seshoes HUlCh SIOO. desk chair &. $75, ~f)c!' \'-><= 12- . ~ Table &. chairs S350. VnCUl11lt $75. ,I)' Compuler &. $2300. Anlique m;'Tor 575, Lou.his books, 'II Printer & cnc)'clapedia , Cllbinel LO.3 ICllk tllbles & i bookens!.:, pkllll'CS & I lamps, 1300ks I 1/30rCD's 5400. 213 of CD's S800, I I CD pla)'er 5175. Black lIn1iquc 5500, I i clock ! I SIOO. I S60. I F:I:\ lIl:u:hint.: Hinck Iealher chair & OItOI1HlI1 S\\' cia)' PUI I S30, I I I ll.aUiS'S (0)'. & .., I I fumitme Sorn &. Blnck 5800. I recliner Hcad busl 1530. I Corncr TV 5500. c:1binct, TV, VCR ~ . ":A;;Z:: . ....II!::.; I I ~ar~ S50D, ! LOll~St:\:llp , : I7vl!:~[i~':L IC':l'rd:i \\: i I I I I i , -...-.--------..- --.--.....--..- I I .: l'~din~l:i I Sleigh con;,. labl. I 2 end lables ----J b~lll-'j ~'. ,;.: ~ ,,", '7'~1 ~''':PI:-'''l~+7'(-.[! I ~~th). I S4UU. I I S200. I S:~\. ; f:1ji:i I i LI3.:~.:,gd.. ~;:---j l i l ....~. .......... ,"'-' 2 Lisabeth Lou Prc.Marital Antique la\\)'er's 5400, LB.records, tapcs, bookcasc slcreo,nrl sUl'I,lies Anlique 51000. Lou.tlesk &. chnir collectibles &. , .' . sports pOSICl'S &. . 'o.'t' . memorabilia Alllique brass 5250. cigal' lnble, necessaries, pot, chest Antique Pool 58000. Tnbie Large Screcn TV 5700. TV cnbinel 5400. Dcnell Press & 5150. wcights 2 nllliquc cnne 560. chairs Iktl, bedding, 5300. Pictures 5200, 11H'lIII'CS::;, whitt: Imnps, b~~lra~lln piclur~$. TV 1I11~'!\ $30, Will~ colh:ction, $3000. licl\lOr, glasswnrc, wine me!, I Anlique clocks $5UO, Iping.pong lable SIUO, Pool cues & rack I 540. I Tapeslr)' bench 560, &. rocker Lincolu &. cagle 5100. hookeods Gn1l1tlfillhcl' 52500, AUllquc Church 575. (It'd; (ral1lil~' Pl'il:t pi"c~) II:II~; & I'i:l:lts i:: Is:'."! I H.11I r"ble I S5'! I p\lt, ~iin":' --- ---~ II "lI;"S lJi'lh I .... I A,::ic,lI~ IlaU I "', , -. ,'\llll\lun~"'llII.'IH lab!e el- \..f',,"<\ I~ .... I S;~. ~)ancse I 5250. ...~..... . "... 1...... ".1" tf~\ \\'illercC\lor - ----- . 3 L1souelh Lou Red Bnll &. Clnw 5300. 2 tI)'slnl 5100, Lou. Sofo, chnll', Chnlr decnnlers plllo\\" lomps, coffee &. e",lloules, m3nlle cluck, 2 nnllque green .Ilolrs '. ", Pinuo &. uench 5250. Lnl'ge Lincoln 5350. Lou.Dcclnl'nllun Prinl Prinl Allllque Rose 575, Lennox 5300, uowl Presldenlinl Bowl Chlppendnle 51800, 2 smnll prinls 570, Mnhognn)' Seerelll1)' Chino Sel &. 51000, Allllqlle uonjo 5300. Gold llIensils &. c10ek to len of cl)'stnl Willer, seerelm)' some ch:ul1pngnc, 50l11e wine Anliquc banjo 5350. Anllque uonjo 5400. clock wid'! of clock 10 righl of sl.\f., sof" (\Voshinglon) Smalllnl:.id $60, COUriCl' & 1\11.:5 550, tah!..: PrilllS ,C.'.....:l.r' .....fl... $75. & rug "o:t1 gl;155 rlml $150. ulll~r t:l,lkclihh:s in ~\.'t:r-:IHry Vidcll Tl'Jl~ 5300, Recorder, sUll\d. Ci\ll1ern Al1liqtlc rO:iC $125, I. nitc:hcol' \'ll'l(' IllUfli:1 SIOOO, 2 IOl'ge onllque 5900, clocks lobk S1500. I G cr)'slnl \I ine I 5250, glO\55:3 I :'I:1I"'~al1: "!:O;I; I 510,;':' I (i crY5t;~1 I S~511 I I I Ch:U:lp~gt~.: ---1 1/\"';'1U" chill.1 I <". I ~ Cr)s::,1 ('I'd,;"" I ~ 0", ",":'\). - _I.... l.'.lbith.'( \'~Si!S I Tcok salod sel I $40, I 1 c.' ."..... 1 ~,.. I ........ _.' ~I.' ~\ : '.".: . -----.---.--.---.- , _.~----_._-------,---------". --_.~._~ 4 Lisabelh I.on Prcomnritnl l'rlnl5 on walls S200. LB'lome or china cabil1~1 COI\tCllts Conlenls or chinn cnhinet S300, .. '0 .: ro' .'" \ . ~,' "'ut S50. Set of 6 eolleclible Philadelphia Prlms - fINK S700, f! Antiqne sewing machine table sm. Gone with lhe Winrll.mnn SI50, Stay \I;th Lisabeth &. I.onis Killgsiz,= Milhog:lI\~' CUllOP)' l3~f.I. m:1ur":!\:i. u.:lIding. S1200. Victoriml Antique bureau 5600. Lou. Pine \:I1Il..,)'. jc:m:1 bux Ph: wblc 560, Gone \\'ilh Ihe SSO. LIl. Ami,!nc WinrlLmllp 1\1nhognl1)' \'illlil)" elld l~hh:, knid.knncks. ill\tiqU': 1\'~~l.'r sm. Rm,~ burc.lU 1575. fllltiC)\Ic clod. l.mnps Pictures & curl.lins I made \ 5250 SIOOO. Walches, 3 luxedo stud sels $375. Diillllllncl eng.. ring. gold brncclct, gold n~cklncc, dimnond pcndmll l1~ckli\cc, gold c.'V.. pearl braeelel , J AI1,li'lll< (L>!l I $50, I L: \ ~:~I~h I. 1"':1 ~.il~m"l7711' ._~~..'Z\.-................~"':l.!!':."~'3too.........:#.~rn:--~r;r.;.~'1."~-'~za . ~ ~~~~r.~~.'~ ;,I~t~: \t\llliQ1.l'" \'a:ljty \ S175, \ R~ll:n~ u:' . I S30. \ :......~!.!.::II'n.:lh\ .-\lk~ \ \Ihn\ol\! & COllt~1\i5 fishe~11\~a pllllt ; ;'.!;:l:Hlg I PiCIUl'e,J $120, L .1 ~_.__.- J EI'Wi".:!I~"'" "1M -'"11- - -.-~-... ------ .. . .. .' 3UC$l Lnlllp SSO, Brnss bed &. S800. LB. Iron bed &. 3edroom mnllress &. mMtress, Il1ll1k, gln~s bedding vnnhy &. chnir, end IItble, sewing mnchlne Grnndmn's quilt S17S. Squnre nnliquo S80. Lou. \\'hi/eNcord. '" . . .',' mirror &. low cnblncl . .. lnble Antique I'ocking S200, chair Ulilities Lisnbelh LDU Pre.Mnrhnl &. Gnrnge WnsherlDlj'er S300. Iron wood slnnd S50, Bike. gold clubs Refrigerntor S200. ('!?.... Toolvsheh'es. SIOO, ,/2.. Tool-'5. gArnge sluff Volvo. 1996 S22,OOO I nlnzer, 1997 S20,000 EllIerald brncelcl S300. \..1,sP,{'lE,r\ 0< Di:\Inond dil1n~r ring 5600. SApphire brncelel SIOO, ~nl~lh.)'sl br~cc!cl SIOO ~---""'''''''''- ..... .. - .. . - .... .' t. ...'.-~"-__ -...-...-..... L\'5P.~ETI-\- Lov 5 .' _""'.J. .O:;-':'fo..,........~_... ""'..I ,I Ol" .... \... t... .. ... " " is going to be placed on the record, the date of scparation is not going to be an issue, However. it is noted that in the event there is any difficulty later on with the valuations, both counsel wanted to have their respective partie~as the possible date of separation '<:I'M-. L~~ noted for the record, l"] ... J1<'.. An agreement is going to be placed on the record which will supplement an agreement entered into by the parties this date which was prepared by counsel and which will remain part of the record. The supplcmental agreement will be stated on the record by counsel in the presence of the parties. The supplemental agreement as stated on the record will be considered a final agreement entered into bctween the parties and will not be subject to any changes or modifieations, except for corrections of typographical errors which may be made during the transcription. Counsel and the parties are going to return later today to review the supplemental agreement for typographical errors, make any corrections of typographical errors as required, and then affix their signatures to the supplemental agreement by way of affinnation to the tenns of the agreement which are going to be placed on the record at this time, Following the signing of the agreement, the Master will prepare an i ~"J'r J7P Uc..- order vacating his appointment and will ineludtthe documents being transmitted to the L T<"" :r" Lee..- Court the original propcrty settlement agreement and the supplcmeny.greement. The Master will prepare an Order vacating his appointment and upon receipt of that Order, counsel will be in a position to file a praecipe transmitting the record to the Court, requesting that the Court enter a final dccree in divorce, MR. HELVY: The purpose of this addendum to the property settlement agreement is to supplement the existing property settlement agreement, specifically paragraph 7 entitled Division of Real Property, subsection (a), The parties have agreed to the following: I. Wire will continue to make her best efforts to obtain financing with the Windsor Financial Mortgage Company. 2. Irwire doesn't have a eommitmentlelter rromthe Windsor Financial Mortgage Company evidencing its intent to provide her with refinancing within 30 days ortoday's date, she will seck financing with Fulton Bank as more rully described below. 3. Irwire docsn't close with Windsor Financial Mortgage Company within 60 days, she will seck financing with Fulton Bank as more rully described below. 4. Irat any point in time wire is inronned by the Windsor Financial Mortgage Company that they will not provide her with refinancing, she will seck financing with Fulton Bank as described below. 5. With regard to financing with Fulton Bank, irwire becomes commilled to seck financing with Fulton under the tenns orthis agreement, wire shall: (a) pay the application ree and complete a loan application within 48 hours; and, (b) will make arrangements to have an appraisal perronned within ten days. 6. In the event that wire becomes commilled to seck financing through Fulton, irwire has not closed on the refinancing with Fulton within 120 days ortoday then: (a) the marital residence located at 333 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, shall be listed ror sale with a reputable real estate agent to be selected in the first instance by husband and approved by wire; (b) afier the listing orthe marital residence and pending its sale, husband agrees to pay at least 25 percent orthe monthly mortgage obligation on the marital residence. However, wire agrees to provide husband with a dollar- ror-dollar credit ror all payments husband makes towards the monthly mortgage as herein described; (c) upon sale orthe marital residence, husband agrees to guarantee that wire will receive $112,000 less any credit advanced as a result or payments he made ( J;... towards the monthly mortgage pursuant to paragraph J..E.{ie "). For example, irthe house sells ror S250,ooo and Co there is a $ I 30,000 mortgage and there is an additional $20,000 in costs, the parties will net $100,000, Irby the time the house is sold husband has paid $5,000 towards the mortgage, husband will owe wire a total or$7,OOO at selllement in order to insure that she will receive $112,000, ASSETS OF THE PARTIES (X) PLAINTIFF ( ) DEFENDANT MARKS ON THE LIST BELON 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) 1. Real Property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates (X) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life insurance pOlicies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties (X) 14. Personal property outside the home (X) 15. Businesses (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 (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MEYERS. D1!IFOR 410 NORTH SECOND STREET . POBOX 1062 . HARRISBURG, PA 17108 111112JB-942B . FAX 171112JB-2B17 PRE-MARITAL PROPERTY (X) PLAINTIFF ( ) DEFENDANT LISTS ALL MARITAL PROPERTY IN WHICH A SPOUSE HAS A LEGAL OR EQUITABLE INTEREST WHICH IS CLAIMED TO BE EXCLUDED FROM MARITAL PROPERTY: DESCRIPTION 670 N. 19th St. IRA's Rollover IRA OF PROPERTY Phila., PA for Fox Rothschild 40l(k) NAMES OF Louis Capozzi Louis Louis ALL OWNERS Steven Hanford Capozzi Capozzi DATE OF 4/88 4/87, 4/88 1989-1990 ACQUISITION 4/89 COST OR VALUE $82,000 $6,000 $7,000-8,000 est. AS OF DATE OF ACQUISITION VALUE AS OF DATE OF $14,200 $11,000 SEPARATION PRESENT VALUE $15,000 $12,400 AMOUNT OF $63,000 N/A N/A ANY LIEN NATURE OF Mortgage N/A N/A ANY LIEN EFFECTIVE 4/88 N/A N/A DATE OF LIEN HOLDER OF Core states N/A N/A LIEN Ii ,I II " MEYERS. D!SfOII 410NORTHSECONDSTREET . PO BOX 1062 . HARRISBURG, PA.l7l06 11111236-9428 . FAX 11111236-2811 PRE-MARITAL PROPERTY (X) PLAINTIFF ( ) DEFENDANT LISTS ALL MARITAL PROPERTY IN WHICH A SPOUSE HAS A LEGAL OR EQUITABLE INTEREST WHICH IS CLAIMED TO BE EXCLUDED FROM MARITAL PROPERTY: DESCRIPTION Stamp Collection Whole Life OF PROPERTY Ins. Policies NAMES OF Louis Capozzi Louis Capozzi ALL OWNERS DATE OF Various 4/21/90 ACQUISITION COST OR VALUE N/A AS OF DATE OF ACQUISITION VALUE AS OF cash value DATE OF $10,000 approx. SEPARATION PRESENT VALUE approx. $20,000 AMOUNT OF N/A ANY LIEN NATURE OF N/A N/A ANY LIEN EFFECTIVE N/A N/A DATE OF LIEN HOLDER OF N/A N/A LIEN MEYERS. DUFOll '10NORTHSECONDSTREET . PO BOX 1062 . HARRISBURG, PA 11108 11171236-~28 . FAX 17111236-2817 '>, -' L"?: r,: v; " " (': f) fl: , .~. .. ..., '. , C-, Cl , L I .' j [~! ,.. !! . -. , ; l ~_!.. , 1:. r- .;) Ll ,;~ ;~) a: . m ~ w u 0 . E . ~ en . ~ u W 0 0( u C z 9 .. i: 0 " '" u . d 0 w 0 . . a: ~ en % ::l < a: ;; o m " W . lJl )- 0 it z w 0 a: ::E :; < :t .. MARITAL PROPERTY (X) PLAINTIFF ( ) DEFENDANT LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAVE A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AS OF THE DATE THIS ACTION WAS COMMENCED. Marital Residence DESCRIPTION 333 East Stock OF PROPERTY Meadow Drive NAMES OF Louis & Lisabeth Louis ALL OWNERS Capozzi Capozzi DATE OF 6/91 12/94 & 6/96 ACQUISITION COST OR VALUE $205,000 AS OF DATE OF ACQUISITION VALUE AS OF DATE OF SEPARATION PRESENT VALUE AMOUNT OF $145,000 ANY LIEN NATURE OF Mortgage ANY LIEN EFFECTIVE 6/91 DATE OF LIEN HOLDER OF National city LIEN Mortgage MEYlIlS. DfIFOll 410NORTHSECONDSTREET . PO BOX 1062 . HARRISBURG, PA 17IOB 17111236-942B . FAX 17111236-2812 MARITAL PROPERTY (X) PLAINTIFF ( ) DEFENDANT LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAVE A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AS OF THE DATE THIS ACTION WAS COMMENCED. DESCRIPTION SEP IRA OF PROPERTY Account Shearson Lehman NAMES OF Louis Capozzi Louis Capozzi ALL OWNERS DATE OF 3/95 & 3/96 3/92 & 3/93 ACQUISITION COST OR VALUE $24,000 est. $4,000 AS OF DATE OF ACQUISITION VALUE AS OF $28,800 $6,282 DATE OF SEPARATION PRESENT VALUE $32,100 $5,669 AMOUNT OF N/A N/A ANY LIEN NATURE OF N/A N/A ANY LIEN EFFEC'l'IVE N/A N/A DATE OF LIEN HOLDER OF N/A N/A LIEN I! Ii II MMIII. DUFOlI 410 NORTH SECOND STREET . PO BOX 1062 . HARRISBURG, PA 17108 11111236-942B . FAX 11111236-2Bl1 MARITAL PROPERTY (X) PLAINTIFF ( ) DEFENDANT LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAVE A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AS OF THE DATE THIS ACTION WAS COMMENCED. DESCRIPTION Lexus OF PROPERTY 1991 NAMES OF Louis Capozzi ALL OWNERS DATE OF 1/91 ACQUISITION COST OR VALUE $27,000 AS OF DATE OF ACQUISITION VALUE AS OF DATE OF SEPARATION PRESENT VALUE AMOUNT OF N/A ANY LIEN NATURE OF N/A ANY LIEN EFFECTIVE N/A DATE OF LIEN HOLDER OF N/A LIEN MEYERS. DEaFOR "0 NORTH SECOND STREET . P.O BOX 1062 . HARRISBURG, PA. 17108 1T11I136-9428 . FAX 17111236-2817 MARITAL PROPERTY (X) PLAINTIFF ( ) DEFENDANT LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAVE A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AS OF THE DATE THIS ACTION WAS COMMENCED. DESCRIPTION 1995 Volvo Latsha & Retirement Plan OF PROPERTY 850 (wife's car) Capozzi, PIC. Latsha & Capozzi, P.C. NAMES OF Louis Capozzi Kimber Latsha (371%) Louis ALL OWNERS Lou Capozzi (371%) Capozzi Douglas Yohe (15%) Glenn Davis (10%) DATE OF 3/95 5/94 12/94 on a ACQUISITION weekly basis COST OR VALUE $32,800 -0- -0- AS OF DATE OF ACQUISITION VALUE AS OF ? $40,OOO(?) DATE OF SEPARATION PRESENT VALUE ? $55,000(1) AMOUNT OF N/A N/A ANY LIEN NATURE OF N/A N/A N/A ANY LIEN EFFECTIVE N/A N/A N/A DATE OF LIEN HOLDER OF N/A N/A N/A LIEN MEYI!RI. DESFOR 410 NORTH SECOND STREET . POBOX 1062 . HARRISBURG, PA 11108 (1171236-9<28 . FAX (1171 236-2B17 MARITAL PROPERTY (X) PLAINTIFF ( ) DEFENDANT LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAVE A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AS OF THE DATE THIS ACTION WAS COMMENCED. DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS Personal (Clocks, Antiques, Property pool table, etc. wine collection) Louis & Lisabeth Capozzi DATE OF Various ACQUISITION COST OR VALUE AS OF DATE OF ACQUISITION VALUE AS OF DATE OF SEPARATION PRESENT VALUE AMOUNT OF N/A ANY LIEN NATURE OF N/A ANY LIEN EFFECTIVE N/A DATE OF LIEN HOLDER OF N/A LIEN il 'I II MMIIS. DEBFOll .,ONORTHSECONDSTREET . P.O BOX 1062 . HARRISBURG. PA 11108 171112J~9<2B . FAX 111112J~2811 NON-MARITAL PROPERTY (X) PLAINTIFF ( ) DEFENDANT LISTS ALL MARITAL PROPERTY IN WHICH A SPOUSE HAS A LEGAL OR EQUITABLE INTEREST WHICH IS CLAIMED TO BE EXCLUDED FROM MARITAL PROPERTY: DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS DATE OF ACQUISITION COST OR VALUE AS OF DATE OF ACQUISITION VALUE AS OF DATE OF SEPARATION stock 1005 Shares (ML Banccorp sold in 5/97) 2000 Mariner Health 1500 Genesis Health Ventures Louis Capozzi 1/97 4/8/97 $74,000 N/A PRESENT VALUE AMOUNT OF N/A ANY LIEN NATURE OF N/A ANY LIEN EFFECTIVE N/A DATE OF LIEN HOLDER OF N/A LIEN MEYERS. DElFOI\ 410NORTHSECONOSTREET . PO BOX 1062 . HARRISBURG, PA moo 17171136-942B . FAX (7171236-2817 NON-MARITAL PROPERTY PROPERTY WHICH IS (X) PLAINTIFF ( ) DEFENDANT LISTS ALL MARITAL IN WHICH A SPOUSE HAS A LEGAL OR EQUITABLE INTEREST CLAIMED TO BE EXCLUDED FROM MARITAL PROPERTY: DESCRIPTION Checking & Chevy Blazer OF PROPERTY Savings Acct. 1997 Mid-Penn Bank NAMES OF Louis Capozzi Louis Capozzi ALL OWNERS DATE OF 3/97 3/97 ACQUISITION COST OR VALUE $32,000 AS OF DATE OF ACQUISITION VALUE AS OF N/A DATE OF SEPARATION PRESENT VALUE $28,000 est. AMOUNT OF N/A ANY LIEN NATURE OF N/A ANY LIEN EFFECTIVE N/A DATE OF LIEN HOLDER OF N/A LIEN I II I! ,: I MEn"'. Dl!IFOII "ONORTH SECONO STREET . POBOX 1062 . HARRISBURG, PA 1110B 17111 136-9'2B . FAX 17171 236-2B17 PROPERTY TRANSFERRED ( ) PLAINTIFF ( ) DEFENDANT LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAVE A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AS OF THE DATE THIS ACTION WAS COMMENCED. DESCRIPTION OF PROPERTY Stock NAMES OF ALL OWNERS DATE OF ACQUISITION COST OR VALUE AS OF DATE OF ACQUISITION VALUE AS OF DATE OF SEPARATION Louis Capozzi PRESENT VALUE Sold 750 Shares received $14,000 AMOUNT OF ANY LIEN NATURE OF ANY LIEN EFFECTIVE DATE OF LIEN HOLDER OF LIEN MEYEIII. DlI_ <10 NORTH SECOND STREET . POBOX 1062 . HARRISBURG, PA 17106 17I7I231>9'2B . FAX 17171231>2811 , , , . , VERIFICATION I verify that the statements made In this Pleading are true and correct. 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: 6-5"-97 -rtl -idltg ~ . q~beth E. Capozzi, ~f H 105.15' REV..ao COUNTY Cumberland COI,lMONWEALTIl Of PENNSYLVANIA DEPMtTMENl 0' tlEALTII VITAL RECORDS RECORD OF DIVORCE OR ANNULMENT IKl .. NAME lFi"" IM,ddJ,J Louis J. ,. RESIDENCE Sir.., 0' R,D. e,ly. BOlD. 01 Twp. 405 Herr Street .. NUMOER OF THIS 1 MARRIAGE .. MAlOtt' NAME IFI",I (Middlt/ EAMES Lisabeth E. 10. RESIDENCE Su,.rorR.D. C,ty. DOlO, or Twp. n. 333 East Meadow Drive Mechanicsbur 13. f ^ WIlITE GO DLACI(. o 17A. NUMBER OF THIS "'A"rHAG PLACE OF OFTtUS MARRIAGE NUMBER OF CHll. oREN THIS MAnnlAGE 1 NUMOER OF HUSBAND WIFE CllllontNTO 0 fJ1 CUSTODY OF l!...J DATE OF DECREE SPLIT CUSTODY o 1 ... (County} ,. n (MOf/tM " SIGNATURE OF TRANSCRI81NG CLERK OTHER1Sr4cllyl o ID,y} ,rUt} (CHECK ONE) o HUSBAND ...n Capozzi, Jr. unIt I"r ,. OTHE[jpfCllYI WIFE fL.,tl Ca ozzi Counly Sl~I. OTHER (Splcilyl 0 tSr~t,.o' Fo",'", Counf'yl WIrE lX1 OTHER ISpullyl o 2. DATE OF DIRTH .. PLACE OF BIRTH USUAL OCCUPATION A ttorne SI. DATE OF BIRTH 11. PLACE OF 705liATH UPA I N STATf:. FILE NUMBER STATE fiLE OAT! OM .y N' 10/20/61 'lfo, g,.,gn untry New York Monfh D., r." 07/23 60 IS",. 0' Fo,.ign Counf'Y} .. ... Mar land HR Mana er DATE OF (Motlfhl THIS MAnRIA.CE . HUSBAND o 21. LEDAL GROUNOS fOR DIVORCE OR ANNULMENT 3301 of the Divorce Code 23, DATE REPORT SENT Month TO VITAL REconos D., YN' 07/28 90 WIFE IKI OTHER ISPlel'yl o Do, ." I. Wifc will continuc 10 makc hcr bcst cfforts to obtain financing with thc Windsor Financial Mortgagc COlllpany. 2. Ifwifc docsn't havc a commitmcnt Icllcr from thc Windsor Financial Mortgagc Company cvidcncing its intcnt to providc hcr with rcfinancing within 30 days oftoday's datc, shc will scck financing with Fulton Bank as morc fully dcscribed bclow. 3. lfwifc docsn't c10sc with Windsor Financial Mortgagc Company within 60 days, shc will scck financing with Fulton Bank as morc fully described bclow. 4. If at any point in timc wifc is infomlcd by thc Windsor Financial Mortgage Company that they will not provide her with refinancing, she will seck financing with Fulton Bank as described bclow. 5. With regard to financing with Fulton Bank, if wife becomes eommittcd to seck financing with Fulton under the tenns ofthis agreement, wife shall: (a) pay the application fee and complete a loan application within 48 hours; and, (b) will make arrangements to have an appraisal perfonned within tcn days. 6. In the event that wife becomes committed to seck financing through Fulton, if wife has not closed on the refinancing with Fulton within 120 days ofloday then: (a) the marital residence located at 333 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055, shall be listed for sale with a rcputable real estate agent to be selected in the first instance by husband and approved by wife; (b) afier the listing of the marital residence and pending its sale, husband agrees to pay at least 25 percent ofthe monthly mortgage obligation on the marital residence. However, wife agrees to provide husband with a dollar- for-dollar credit for all payments husband makes towards the monthly mortgage as herein described; (c) upon sale ofthe marital residence, husband agrees to guarantee that wife will receive $112,000 less any ercdit advanced as a result of payments he made towards the monthly mortgage pursuant to paragraph (b). For example, if the house sells for $250,000 and there is a $130,000 mortgage and there is an additional $20,000 in costs. the parties will net $100,000. I f by the timc the house is sold husband has paid $5,000 towards the mortgage, husband will owe wife a total of$7,OOO at sclllcll1ent in ordcr to insure that she will reccive $112,000. (- Jr LE.c..~ previously been court ordered to make the monthly mortgage payment, however, this obligation terminated as of June 29, 1998 when the court specifically vacated its September 3D, 1998 Order. 6. After reasonable investigation the Respondent is without sufficient information to admit or deny the allegations contained in this averment. 7. Denied as stated. It is specifically denied that the Petitioner "found out of the delinquency through the attached Exhibit 'B'." To the contrary, the Petitioner was well aware of the fact that this Court's Order of June 29, 1998 obviated any obligation that the Respondent had to continue to pay the mortgage on the residence in which the petitioner solely resides. In addition, Petitioner was advised that Respondent did not intend to make any further mortgage payments. It is disingenuous for the Petitioner to now imply that she had no idea that the Respondent was not making the mortgage payments. 8. Denied as stated. It is specifically denied that the Respondent has control of any marital asset with a substantial balance which could be used to make the mortgage payments. While it is admitted that the Respondent has control of a Smith Barney account, it is specifically denied that it would be appropriate for this Court to require the Respondent to make payments out of a non- marital asset to make the mortgage payments on a house in which the Petitioner resides. The Petitioner is currently gainfully employed ORAFT--O'f24f" (t I\home\jlr\jph\capozzi\answer. 9241 - 2 - and is alao receiving support payments from the Reapondent which has not been reduced in spite of the fact that Respondent has recently obtained employment and is earning in excess of $60,000 per year. Her efforts to now seek "emergency relief" are an effort to obtain a windfall at the Respondent's expense. 9. Denied. It is specifically denied that the Divorce Master will be in a position to address the issue of any advances from the Smith Barney account in the equitable distribution process given the fact that the Smith Barney account is not a marital account. Furthermore, given the current status of the market, the Respondent would be forced to "lock in" the significant loss his Smith Barney account has sustained if he were ordered to withdraw funds from this non-marital account. 10. Denied. It is specifically denied that the Respondent has failed and refused to cooperate in preparing the marital residence for sale thereby causing delay in the sale process. To the contrary, it is the Petitioner who has refused to keep the premises in a condition which would be conducive to its sale. The Petitioner has refused to make even simple repairs such as changing light bulbs in order to facilitate the sale of the marital residence. 11. Denied as stated. The listing price was lowered on the marital residence approximately 3 weeks ago. To the extent that this averment implies that the Respondent has failed to cooperate DRAFT.-09n4/9I Itl\home\jlr\jph\capozzl\a~wer.92.) - 3 - >- 0' .... a; 1.1~ [:; ~ .". c.:: :7'..... ~Q (") ~;:.. ~c - (,) ;: f 'J -- L....1" c.. .-::::--~ ~[.: r,. -. :~.; :~~.~ n. N ::::.~ -21" C- ....1 ~I U:., LL' j':-,~.1.. F' C/) "t. l\. OJ ::i 0 C11 (J >- ,... IT; G.~ ~ N UJC,I N ~h h'" ., , .... t~: C.:jil .- 1 (, ~.! :'.1 Dr: -. :'i::" u.:' -' ] ,. eel -' I~. :..-' IC' e;. ~U!.\j '" ~..J.. 1-1- _. -, (.) rc :~) cr u - ...... ~., \ . . ",'" ' ~i " ~ PI Q d z .- ~ ~ 3 ~ :Jti~ ::J l(I:! ~ !! ~ In ~ It 0. w Z o :l: 8 ffi ~ :J ii: II. oJ Ill'" c ~!~ ~ ffi II: m < :l: Dl G ~ z , , LOUIS J. CAPOZZI MONEY SPENT IN 1997 ON: SUPPORT FOR WIFE. MAINTENANCE OF MARITAL ASSE~S AND PAYMENT OF MARITAL DEBT DATE AMOUNT CHECK # DESCRIPTION 01/97 $ 2,200.00 Payment to Lisabeth/January 01/20/97 24.21 101 Cable 01/20/97 4,595.47 102 First Visa-Lisabeth's 01/20/97 2,200.00 110 Payment to Lisabeth/February 01/20/97 184.48 112 Utilities-333 E. Meadow 01/20/97 2,021. 00 114 Extra Mortgage Payment 01/22/97 75.00 104 Sewer-333 E. Meadow 01/23/97 711.75 105 Harris Savings Visa 01/23/97 32.32 108 Suburban Cable 02/03/97 90.25 122 Bell Atlantic 02/11/97 36.12 125 Waste Management 02/24/97 10.82 Auto De Utilities 02/07/97 184.48 Auto De Utilities 02/25/97 2,200.00 130 Payment to Lisabeth/March 02/18/97 2,035.55 Auto De Mortgage/February 03/02/97 22.32 131 Suburban Cable 03/19/97 60.15 Auto De Bell of PA 03/24/97 172.16 Auto De Utilities 03/13/97 54.26 135 Water 03/13/97 9.80 136 Taxes-LB personal 03/20/97 20.00 141 Car Insurance 03/21/97 2,200.00 144 Payment to Lisabeth/April 1 I PLAINTIFF'S EXHIBIT I b ". 03/17/97 2,035.55 Auto De Mortgage/March 04/02/97 22.32 149 Suburban Cable 04/07/98 100.00 155 Upper Allen Twsp. Taxes 04/15/97 2,035.55 Auto De Mortgage/April 04/15/97 1,921.40 157 Mass Mutual Annual Premium - 10 pay 04/17/97 121. 46 Auto De Bell of PA 04/17/97 2,200.00 160 Payment to Lisabeth/May 04/24/97 165.36 Auto De Utilities 04/25/97 22.32 168 Cable 04/25/97 28,724.00 165 IRS-1996 Taxes 04/25/97 197.00 166 PA Dept. of Revenue 05/04/97 700.00 172 Lidner & Simpson Law Firm 05/04/97 700.00 173 Lidner & Simpson Law Firm 05/12/97 1,400.00 189 Lidner & Simpson Law Firm 05/15/97 2,035.55 Auto De Mortgage/May OS/20/97 9.59 175 Mass Mutual-Interest OS/23/97 22.32 183 Cable OS/23/97 275.00 185 Padden & Assoc-1996 Taxes OS/23/97 1,522.50 186 Mass Mutual-Premium OS/23/97 1,575.00 187 Mass Mutual-Premium OS/27/97 101.66 Auto De Utilities OS/27/97 1,200.00 190 Payment to Lisabeth/June 06/04/97 76.69 Auto De Bell of PA 06/09/97 120.00 194 Car Insurance 06/09/97 91.06 Auto De Utilities 06/16/97 2,035.55 Auto De Mortgage/June 2 " 06/30/97 22.32 203 Cable 07/13/97 36.12 20B Waste Management 07/13/97 100.00 209 Upper Allen Township 07/13/97 1,526.96 211 Life Insurance/Disability Principal Mutual$500K 07/13/97 2,000.00 212 Payment to Lisabeth/July-August 07/17/97 365.96 Auto De Bell Atlantic-Lisabeth's Phone set-up 07/15/97 2,035.55 Auto De Mortgage/July 07/25/97 22.32 215 Cable 07/25/97 117.96 Auto De Utilities OB/15/97 2,035.55 Auto De Mortgage/August OB/1B/97 BB.B3 Auto De Bell Atlantic OB/20/97 1,500.00 225 Payment to Lisabeth/September OB/26/97 22.21 22B Cable OB/26/97 36.12 231 Waste Management OB/26/97 127.B6 Auto De Utilities 09/15/97 5B.35 Auto De Bell Atlantic 09/15/97 2,035.55 Auto De Mortgage/September 09/17/97 1,500.00 237 Payment to Lisabeth/September 09/22/97 65.30 23B Water 09/22/97 10.00 239 Marlin A. Yohn-Lisabeth Personal Taxes 09/22/97 24.21 240 Cable 09/24/97 103.22 Auto De Utilities 10/01/97 1,529.00 247 Car Insurance 10/0B/97 10,000.00 Reed Smith (Litigation law firm) 10/11/97 100.00 257 Upper Allen Twsp. Sewer 3 . 10/11/97 109.59 251 Principal-Life Insurance 10/11/97 179.81 252 Principal-Life Insurance 10/11/97 1,237.56 253 Principal-Disability 10/15/97 1,500.00 248 Payment to Lisabeth/October 10/15/97 2,045.55 Auto De Mortgage/October 10/16/97 55.32 Auto De Bell Atlantic 10/23/97 93.81 Auto De Utilities 11/10/97 1,000.00 Richard Lidner Legal Fees 11/15/97 2,038.21 Auto De Mortgage/November 11/06/97 36.12 Trash 11/07/97 108.79 Auto De Bell Atlantic 11/15/97 1,500.00 Payment to Lisabeth/November 11/24/97 99.32 Auto De Utilities 12/06/97 1,500.00 Payment to Lisabeth/December 12/15/97 2,038.21 Mortgage/December 12/26/97 144.27 Utilities 12/21/97 57.94 Water 12/16/97 58.07 Auto De Bell Atlantic TOTAL $107,815.98 4 To: .John Connelly, Esq. From: Lisllbeth Enmes CnJlozzi Snhject: .JOnS APPLIED FOR DURING SEPARATION (October 1996 - AJlrill997 comJlleting Mnster's Degree, grndunted Mny IHlh, 1997) (Alcohol Intervention for Lou JlreJlnred Mnrch - Mny, 1997, held on 5-2.97, Lou entered Cnron Foundntion Rehnb on 5-5-97 throu II 5-20-97; supposed to be 6-6.97 I DATE Jt COMPANY POSITION I ACTION 5-5-97 LUTRDN.THROUGH DIRECTOR OF HR TURNED DOWN 2 WKS LATER. ATHAN CRIST.RECRUITER 5-6-97 MESSIAH COLLEGE DIRECTOR OF HR TURNED DOWN IN JULY 5-B-97 DRAKE BEAM MORIN.HR 00 CONSULTANT NO OPENINGS CONSULTING FIRM. HBG. 5-9-9B INGERSOLL RAND HR MANAGER TO (TURNED DOWNI 5.16-97 MIL TON HERSHEY EMPLOYEE RELATIONS INTERVIEW; TO SCHOOL MANAGER 5.2B-97 AMP INCORPORATED CONSULTING INSUFFICIENT $ IN BUDGET 5.30-97 MERGER MANAGEMENT MY CONSULTING BUSINESS MET WITH GRAPHIC ARTIST TO CONSULTANTS DESIGN LETTERHEAD & LOGO 6-10-97 DRAKE BEAM. PHILA. CONSULTANT NO OPENINGS OFFICE 6-1B-97 BARNETT BANK HR DIRECTOR TO PHH MORTGAGE. NJ HR MANAGER TO 6-19-97 PENN NATIONAL INS. HR MANAGER TO FOX-MORRIS RECRUITERS HR MANAGER OR DIRECTOR NO RESPONSE (SENT 3 xSI 7-97 PENN NATIONAL VARIOUS RECONTACTED ALL MIL TON HERSHEY MESSIAH INSGERSOLL RAND 7-13-97 KAMAN INDUSTRIAL HR MANAGER TO TECHNOLOGIES 7-16-97 HBG HILTON & TOWERS DIRECTOR OF HR TO 7-31-97 NATIONAL ORGANIZATIONAL TO SEMICONDUCTOR DEVELOPMENT MANAGER 7-31-97 GYMBOREE CORP. MANAGER. HR. EAST COAST TO 7-31-97 GYMBOREE CORP. DIRECTOR. STAFFING & TO RECRUITMENT B-7-97 AMERICAN CENTURY HR DIRECTOR TO INVESTORS B-B-97 PHILA.CHAMBER OF 6-MONTH CONSULTING TO COMMERCE CONTRACT B-B-97 CALIBER ASSOCIATES HR CONSULTANT TO PLAINTIFF'S B-10-97 WOOD-MODE INC. PERSONNEL DIRECTOR TO I EXHIBIT 2- ,,/'l<l(~Sl ... "..... , 8.13.97 JEVIC TRANSPORTATION EMPLOYEE RELATIONS TO MANAGER 8.13.97 MERGER MANAGMENT MY aUSINESS MET WITH GRAPHIC ARTIST CONSULTANTS AGAIN 8.17.97 MERCK & CO. ORGANIZATIONAL TO PERFORMANCE MANAGER 8.1a.97 US OFFICE PRODUCTS VP OF HR TO 8.27.97 MERCK & CO. SR TRAINING PROFESSIONAL TO a.21.97 ROaERT HALF HR CONSULTING TO 8.21.97 JERSEY SHORE HOSPITAL DIRECTOR OF HR TO 8.27.97 LIZ CLAI80RNE IS RECRUITMENT MANAGER TO 8.27.97 HOLY SPIRIT HOSPITAL HUMAN RESOURCES TO MANAGER 9.3.97 CLEMENT HR DIRECTOR INTERVIEW. NO OFFER COMMUNICATIONS 9.4.97 HERSHEY FOODS CALLED RE ANY NO RESPONSE 9.5.97 PENN NATIONAL HR MANAGER RECONTACTED 9.10.97 HERSHEY FOODS CALLED AGAIN NO OPENINGS 9.16.97 MANAGEMENT SENT RESUME OPEN RECRUITERS 9.16.97 CELLULAR ONE CALL AND RESUME OPEN 9.17.97 STAPLES HR MANAGER TO 9.17.97 HOLY SPIRIT HOSPITAL VP OF HUMAN RESOURCES TO 9.17.97 BLUE CROSS OF NE PA HR MANAGER TO 9.17-97 RITE AIDE CORPORATION CALL AND RESUME NO FIT RIGHT NOW 9-19-97 DSM ENGINEERING DIRECTOR OF HR TO 9.21.97 CHAMBERS BURG HUMAN RESOURCES TO HOSPITAL MANAGER 9-21-97 THE YORK WOOD MANUFACTURING TO MANUFACTURING CO. ORGANIZATION DEVELOPMENT LEADER 10-6.97 AMP INCORPORATED ORGANIZATIONAL NO OPENING RIGHT NOW DEVELOPMENT 10-9.97 GRAHAM PACKAGING ANY OPEN SYSTEMS 10-19-97 TRESSLER LUTHERAN DIRECTOR OF TRAINING & TO SERVICES DEVELOPMENT 10-24-97 HERSHEY FOODS ORGANIZATION OPEN DEVELOPMENT '0.27.97 BLIND AD . HR MANAGER UNKNOWN MANUFACTURING , 0.2.97 HERSHEY CHOCOLATE EMPLOYEE RELATIONS TO BUT LED TO LATER CALL RE WORLD MANAGER PLANT 00 MANAGER OPENING ".2.97 BLIND AD THROUGH WORKFORCE DEVELOPMENT TO BYRNES GROUP SPECIALIST ".2.97 HARRIS SAVINGS BANK HR OPERATIONS MANAGER TO ".2.97 CAREER TRANSITION CONTRACT OUTPLACEMENT TO CENTER. YORK CONSULTANT ".3.97 HARRIS SAVINGS BANK HR MANAGER WAS CALLED. NO FIT ".3.97 BLIND AD IN HR NEWS REGIONAL HR MANAGER. UNKOWN FINANCIAL SERVICES CO. ".3.97 LYNN REES. RECRUITER ANY- RESUME SENT OPEN ".'3.97 LANCASTER ANY NO OPENINGS LABORATORIES "-24-97 UNIVERSITY OF MD DIRECTOR OF WORKFORCE OFFER MADE. TURNED DOWN MEDICAL SYSTEM STAFFING & RECRUITMENT DUE TO DISTANCE & TRYING TO KEEP SON & FATHER CLOSE "-24.97 CENTRAL PA HOSPITAL HR VICE PRESIDENT NO RESPONSE IBLlND ADI "-25.97 KELLOGG'S MUMAN RESOURCE MANAGER TO "-25.97 TRESSLER LUTHERAN HR EXECUTIVE INTERVIEW "-25-97 DAY & ZIMMERMAN.INC. SR HR CONSULTANT TO "-25.97 BLIND AD IN PATRIOT CONTACT OUTPLACEMENT OPEN NEWS CONSULTANT "-25.97 PHILA. COCA-COLA MANAGER OF HUMAN TO BOTTLING COMPANY RESOURCES ".25.97 ABINGTON MEMORIAL EMPLOYMENT MANAGER TO HOSPITAL "-25.B7 CENTEON SR MANAGER. HR TO ".25.87 COMCAST AREA HR MANAGER TO '2-2.97 TRESSLER LUTHERAN HR DIRECTOR INTERVIEW. TO SERVICES '2.3.97 MERGER MANAGEMENT MY BUSINESS OBTAINED PO BOX & BUSINESS CONSULTANTS PHONE NUMBER: MET WITH GRAPHICS ARTIST '.'9.98 PRESBYTERIAN HOMES. DIRECTOR OF HR TO INC. H 9.98 AMP INC. MEET TO DISCUSS CONTRACT INSUFFICIENT FUNDING TO TEACH HR CLASS TO AMP AVAILABLE TO AMP HR HR EMPLOYEES 1-19-98 MESSIAH VILLAGE DIRECTOR OF HUMAN TD RESOURCES 1-29.98 HERSHEY CHOCOLATE PLANT ORGANIZATIONAL INTERVIEWED - TD PLANT DEVELOPMENT MANAGER 2.7-98 BLIND AD - HR MANAGER UNKNOWN MANUFACTURING CO. 3-4-98 CHILD CARE PART.TIME EMPLOYER POSITION FILLED - TD CONSULTANTS. INC. SERVICES SPECIALIST 3.11-98 THE BRETHREN HOME HUMAN RESOURCES TD COMMUNITY DIRECTOR 3-12.98 PENN NATIONAL INS. PERFORMANCE CONSULTANT TD 3-20.98 ABBOTT SMITH RESUME TO HR RECRUITER OPEN ASSOCIATES 3-20-98 JP SEARCH FIRM FAXED RESUME OPEN 3-20.98 PEOPLE PROFESSIONALS. FAXED RESUME TO SEARCH OPEN INC. FIRM 3-20-98 HR CONNECTIONS FAXED RESUME TO SEARCH OPEN FIRM 3-20-98 SOLOMON-PAGE GROUP FAXED RESUME TO OPEN RECRUITER 3-20.98 WINSTON PERSONNEL FAXED RESUME TO SEARCH OPEN FIRM 3-20.98 ROI FAXED RESUME TO SEARCH OPEN FIRM 3-20-98 DDI. ALTERNATIVE WORKFORCE FILLED. TD STAFFING MANAGER 3-30.98 FINANCIAL SERVICES CO. CONTRACT RECRUITER TD THROUGH ASCHER GROUP 3.30-98 aRISTOL.MYERS SQUIBB ASSOC. DIRECTOR OF HR. TD NEW BRUNSWICK. NJ 3-30-98 BRISTOL.MYERS SQUIBB DIRECTOR OF HR. PRINCETON. INTERNAL CANDIDATE SELECTED NJ 3-30-98 BRISTOL.MYERS SQUIBB ASSOCIATE DIRECTOR OF TD STAFFING. PLAINSBORO. NJ 3-30.98 JERRY GOLDBERG & EMPLOYEE RELATIONS TD ASSOC.S. RECRUITERS MANAGER 4-6-98 JERRY GOLDBERG & HR MANAGER TD ASSOC.S. RECRUITERS 4-6.98 THE WOOD COMPANY HR MANAGER TD 4.6-98 ASTD DIRECTOR OF HR TD 4-6-9B APRIA HEALTHCARE DIVISION HR MANAGER TD 4.7.98 YORK CO - aLIND AD DIRECTOR OF EMPLOYEE NO RESPONSE RELATIONS 4.14.98 PHILHAVEN DIRECTOR OF HR INTERVIEWS - TO 4.14.98 HARSCO HR MANAGER INTERVIEW.NO OFFER 4.15.98 ISI, PHILADELPHIA MANAGER. EMPLOYMENT Be NO RESPONSE EMPLOYEE RELATIONS 4.21.98 DONNA DAVIS ASSOC.S. VP. HR FOR INVESTMENT CO. TO RECRUITERS 4.21.98 HUMAN SYSTEMS RESUME SENT TO SEARCH OPEN FIRM 4.27-98 ACCUWEATHER HR DIRECTOR TO 5-3-98 ST. JOSEPH HOSPITAL REGIONAL HR DIRECTOR INTERVIEW SCHEDULED 7.2.98 5-3.98 PFAL TZGRAFF TRAINING Be EMPLOYEE TO DEVELOPMENT MANAGER 6.7-98 KEYSTONE SERVICE CEO. CHILD Be FAMILY OPEN SYSTEMS SERVICES 6-7-98 BLIND AD DIRECTOR OF EMPLOYEE OPEN RELATIONS 6.10-98 BLIND AD - YORK DIRECTOR OF EMPLOYEE OPEN NEWSPAPER CO. RELATIONS 6-11.98 BANK OF HANOVER DIRECTOR OF HR INTERVIEW SCHEDULED 7/2/9B 6-23-98 BRISTOL-MYERS SQUIBB HUMAN RESOURCES OPEN MANAGER, SKILLMAN. NJ 6-23-98 BRISTOL-MYERS SQUIBB MANAGER OF HR, OPEN LAWRENCEVILLE. NJ 6.23-9B BRISTOL-MYERS SQUIBB ASSOCIATE DIRECTOR OF HR. OPEN HOPEWELL. NJ uo;,+- lS not- a {( . ;AcfllS;...e, l'Y\a'\~ 0 nv.--I WL.V~ ~ Sud- Ol.-U- ~ CoY\:\-a.~ CaI(J.~ w~c.h :r d.>-J (\Or \-tLO\e\. \\\1AA. ',^c1u.k: ~ llUU - UU--L Rok S.Wltth Pot<<,tc-Ytl Ie... ~\^ ~$it ~,-,.JZ. ~K c.u>l::u.'t "1.8 J..1 d. ILLl rt\O.nv 0 'IN. A: " . ~ {0I0..1 ':" I ()1 To: John Connelly, Esq. From: Lisabeth Eames Capozzi Subject: Emergency Relief lllings I have given up to adjust to loss of income due to separation: . Gymboree classes for my son, Louis Bi-weekly trips to visit my grandparents in Bucks County Quarterly trips to visit my parents and sister in Virginia Membership in the Junior League, a philanthropic organization Charity volunteer work (because I cannot afford a baby sitter) Vacations (used to be 2 or 3 per year) All newspapers except Sunday's All magazine subscriptions Annual attendance at the Society for Human Resource Management's National Conference Maid service for our home Lawn service Landscape maintenance Unable to get car body work done Had phone disconnected when Lou abruptly had all house utilities turned ofT. Had to pay reconnection fees for several utilities. Had to contact all creditors in mid-June to let them know I would be late in payment due to Lou missing two support payments. Have credit card dept of approximately $25,000. which has accrued over the almost two years of separation. No debt prior to separation. Incomc Chnnl!cs Duc to Scparation: Prior to separation was approx. $300,000. in 1995, $400,000. in 1996, the equivalent of $28,800/year from Oct 1996 through June of 1997, and the equivalent of $18,000/year from June of 1997 - April 1998. Have not received most of the medical reimbursement due to me because our medical changed four times during this two-year period. Medical expenses arc approximately $600 per month, or $14,400 for the 2-year period. . . . . . . . . . . . . . . . . . . . . . . PLAINTIFF'S EXHIBIT tf LISABETH E. CAPOZZI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. I I I I I I CIVIL ACTION - LAW IN DIVORCE NO. 97-2795 LOUIS J. CAPOZZI, JR., Defendant . . INVENTORY AND APPRAISEMENT OF LOUIS J. CAPOZZI. JR. 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) l. (X) 2. (X) 3. ( ) 4. (X) 5. (X) 6. (X) 7. ( ) 8. (X) 9. ( ) 10. ( ) 11. ( ) 12. ( ) 13. (X) 14. (X) 15. ( ) 16. ( ) 17. (X) 18. (X) 19. ( ) 20. ( ) 2l. ( ) 22. ( ) 23. ( ) 24. ( ) 25. 26. Real Property Motor Vehicles Stocks, bonds, securities and options Certificates of deposit, IRA Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts , Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits, severance pay, workman's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/V.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) Other MARITAL PROPERTY DEFENDANT LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAVE A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AS OF THE DATE OF THE SEPARATION OF THE PARTIES. ITEM NO. 1 ITEM NO. 2 DESCRIPTION OF PROPERTY Marital Residence1 333 East Meadow Drive Harrisburg, PA Stock Fund Smith Barney #13B-11751-14 NAMES OF ALL OWNERS Louis & Lisabeth Capozzi Louis Capozzi DATE OF ACQUISITION COST OR VALUE AS OF DATE OF ACQUISITION 6/91 February 9, 1994 $205,000 COST OR VALUE AS OF DATE OF SEPARATION (June 1996) PRESENT VALUE $B1,625.00 June 30, 1996 Exhibit B AMOUNT OF ANY LIEN Currently listed for sale with Jack Gaughen Realty at $285,000 $138,287.48 Balance as of 12/97 Exhibit A $66,930.64 January 31, 1998 Exhibit C NATURE OF ANY LIEN Mortgage EFFECTIVE DATE OF LIEN HOLDER OF LIEN 6/91 Citifed Mortgage Co. 1 Pursuant to the terms of an interim property settlement agreement attached hereto as Exhibit H, Mr. Capozzi, upon sale of the residence, is entitled to re-payment of 1/2 of all mortgage payments made solely by him beginning March 1, 199B. 2 MARITAL PROPERTY DEFENDANT LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAVE A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AS OF THE DATE OF THE SEPARATION OF THE PARTIES. ITEM NO. 9 ITEM NO. 10 DESCRIPTION OF Whole Life Ins. Term Life Ins. PROPERTY Mass Mutual Principle Pol# 8667034 Pol. #4376744 NAMES OF ALL Louis Capozzi Louis Capozzi OWNERS DATE OF April 21, 1991 June 15, 1995 ACQUISITION COST OR VALUE AS OF DATE OF ACQUISITION COST OR VALUE $6,698.81 AS OF DATE OF April 1996 SEPARATION Exhibit I (June 1996) PRESENT VALUE AMOUNT OF N/A N/A ANY LIEN NATURE OF N/A N/A ANY LIEN EFFECTIVE N/A N/A DATE OF LIEN HOLDER OF LIEN N/A N/A 6 MARITAL PROPERTY DEFENDANT LISTS ALL MARITAL PROPERTY IN WHICH EITHER OR BOTH SPOUSES HAVE A LEGAL OR EQUITABLE INTEREST INDIVIDUALLY OR WITH ANY OTHER PERSON AS OF THE DATE OF THE SEPARATION OF THE PARTIES. ITEM NO. 11 ITEM NO. 12 ITEM NO. 13 DESCRIPTION IRA's AMP Pension Plan Checking/Savings OF PROPERTY Shearson Lehman Accounts NAMES OF ALL Lisabeth Capozzi Lisabeth Capozzi Lisabeth Capozzi OWNERS DATE OF ACQUISITION COST OR VALUE NOTE: Defendant has requested statements covering AS OF DATE OF these assets but no information has been provided. ACQUISITION COST OR VALUE AS OF DATE OF SEPARATION PRESENT VALUE AMOUNT OF N/A N/A ANY LIEN NATURE OF N/A N/A ANY LIEN EFFECTIVE N/A N/A DATE OF LIEN HOLDER OF LIEN N/A N/A 7 NON-MARITAL PROPERTY DEFENDANT LISTS ALL PROPERTY IN WHICH A SPOUSE HAS A LEGAL OR EQUITABLE INTEREST WHICH IS CLAIMED TO BE EXCLUDED FROM MARITAL PROPERTY: ITEM NO. 14 ITEM NO. 15 ITEM NO. 16 DESCRIPTION OF PROPERTY Personal Property' Whole Life Ins. Mass Mutual Pol.# 8531187 Real Property 670 N. 19th Phila., PA NAMES OF ALL OWNERS Louis Capozzi Lisabeth Capozzi Louis Capozzi Louis Capozzi Steven Hanford DATE OF ACQUISITION COST OR VALUE AS OF DATE OF ACQUISITION COST OR VALUE AS OF DATE OF SEPARATION 4/21/90 4/88 $85,000 PRESENT VALUE $10,113.93 $82,0007 Cash Value 4/21/97 (Exhibit J) N/A $63,000 N/A Mortgage N/A 4/88 N/A Corestates 1 1 AMOUNT OF LIEN N/A NATURE OF LIEN N/A EFFECTIVE N/A DATE OF LIEN HOLDER OF LIEN N/A BASIS FOR EXCLUSION 1 FROM MARITAL PROPERTY Exclusion Codes: 1. Pre-marital property. 2. Acquired after separation. 3. Inheritance. 4. Gift. 5. Property excluded by agreement of the parties. 6. Property disposed of in good faith for value prior to divorce. · This asset is subject to an Interim Property Settlement Agreement (attached as Exhibit H) 7 Mr. Capozzi receives no income from this property. 8 NON-MARITAL PROPERTY DEFENDANT LISTS ALL PROPERTY IN WHICH A SPOUSE HAS A LEGAL OR EQUITABLE INTEREST WHICH IS CLAIMED TO BE EXCLUDED FROM MARITAL PROPERTY: ITEM NO. 19 ITEM NO. 20 DESCRIPTION OF PROPERTY Checking/Savings Accts. Mid-Penn Bank 1997 Chevy Blazer10 NAMES OF ALL OWNERS Louis Capozzi Louis Capozzi DATE OF ACQUISITION COST OR VALUE AS OF DATE OF ACQUISITION COST OR VALUE AS OF DATE OF SEPARATION 1/97 3/97 Savings: $114,331.64 Checking: $351.80 $32,000 N!A N/A PRESENT VALUE Savings 1-14-98: $3,312.56 Checking #9007907 1-28-98: $4,057.63 Exhibit M LIEN AMOUNT N/A NATURE OF LIEN N/A DATE OF LIEN N/A HOLDER OF LIEN N/A BASIS FOR EXCLUSION 2 2 FROM MARITAL PROPERTY Exclusion Codes: 1. Pre-marital property. 2. Acquired after separation. 3. Inheritance. 4. Gift. 5. 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'" -:'.a.a .... ~ci:~ii: ~ III c >- DO c c ... ...- a: u 8 Ci ~ :::I ra Ii II .5 n .. ....:!;"'oq; a ~ ~ ; . u c . 00 :!l ;; ~ Q Q "i"i ~ ~: CI)~:Z: - :::I<t::iz u. :::I 0 .... '" s ~ \\G \\ ~ INTERIM PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this jjj;l day Of~' 1998, by and between LISABETH E. CAPOZZI, hereinafter referred to as "Wilen, and LOUIS J. CAPOZZI, JR., hereinafter referred to as "Husband". WITNESSETH: WHEREAS, the parties are in the process of continuing negotiations to finalize a Property Settlement Agreement; and WHEREAS, it Is Wife's intent to accept a position In Baltimore, Maryland securing an Income of approximately $70,000.00 per year and to move from the present marital residence; and WHEREAS, it is the intent of the parties to provide Wife with an advance on equitable distribution in order to purchase a residence closer to her Baltimore employment. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. Wife shall receive from the Smith Barney account no. 138- 11751-14 the sum of $60,000.00 distributed as follows: a. $58.200.00 as an advance on equitable distribution of marital property, b. $600.00 to be applied to repairs to the marital residence to place it in a saleable condition. '\\ \-\ \' c. $1.200.00 as a deposit on their son, Louis', day care. 2. The advance on equitable distribution ($58,200,00) shall be credited In any Agreement entered between the parties or, In the event the matter is litigated, shall be credited by the Court toward any final eqUitable distribution awarded tD Wife. 3. Pending the sale of the marital residence located at 333 East Meadow Drive, Mechanlcsburg, Cumberland County, Pennsylvania, Husband shall be solely responsible for the mortgage payment on the said residence in the amount of approximately $1,800.00 per month. Husband shall receive from the proceeds of the sale of the marital residence, an amount equal to one-half (1/2) of all mortgage payments made solely by Husband beginning March 1, 1998. The said amount shall be distributed to Husband from the proceeds of the sale prior to establishing net proceeds for the purposes of equitable distributiDn. 4. Husband agrees that he will execute any documents necessary to waive any spousal interest he may have in a new residence Wife is intending to purchase. This will include any documents submitted by the mortgage company for that purpose (Spousal Waiver). 5. The monies set for above ($60,000.00) shall be paid to Wife within fourteen (141 days of this Agreement. 6. The parties have attached to this Agreement, a list of personal property they have agreed to distribute. thereby eliminating any further valuation or distribution of personal property. Wife waives any and all claim to those items which are designated as "Lou's", Husband waives any and all claim to those items designated . . Division of Marilal PI'OPCI1Y', Lisnbcth Enmcs and Louis J. Cnpozzi, Jr. Janunry, 1998 !Ichcn Lisnbcth LOll Pre-Maritnl I I POlslPans S100. Cnpllccino Mkr S50. Egg painling'LO I DllIc dishes S40. Pnsta Mnker &. S50. Acccssories '. . .. , . . .', Serving Pieces S50. While china sel S50. I Utensils 525. 1/2 of conce ....... mugs i Microwave S50. Volleyb~1I Net S40. I , Horseshoes HlIlch SIOO. desk ch~ir &. S75. ~Dc.\'-.e~. =lm:. Tnble &. chairs S350. VnCllum $75, i\Inilr Com pliler &. 52300. Antiqlle milIor S75. lOll' his books, ~UUI1l Printcr&. cnc)'Clopedia Cllbinet lO.3 ICilk lables &. bookcase, pklUl'CS Lf.:. lamps, Oooks 1/30rCD's 5400. 2/3 of CD's 5800, I CDplal'cr 5175, llIack 1tI1liquc 5500, I . c1ud..: F:lX 1ll~IL'hiI1C I SIOO, IlIlack kather I S60, I ch;lir & oltum;m I COl'ller TV S500, c;lbin~t. rv I VC!{ _ ;i:.:ro.::i:."'lrl'."'1~~&:i"~~~~'~~.- : '.: ,I ! I 'Ol~ , " : I I S\\' d"l' pllt !1.0UiS'5 IU~'S & rUl1lilur~ I Solb &. llIack n:clill~" I S30. \--- I S800, I S30, I'lead busl ....- .. -- ! 5500. ! : , I I I , --- I I no.ft........... LO~!.SI)::l~ \\'I!:~l:_'::. :~\"'\.'Id~ l'~ : :;i~~:a I I I ..1- ._____m_ I I : I~,.:llU::b I Sleigh coftoe lable I 2 cnd lab!.s I Lunp; -I I I I ~.~OJ, I $4UU. I S200. I $:0, !..n.:~...x~!; .'.;, t.t:'':.- i.'l1"" '!"'J :.;"ri''''''.i.7'{,:n ,tJ ......,... ." ' " 2 ~111C'1lI Lisab~lh Lou rr~.Marilal AUlique la\\)'e~s S400. L!l.records. lalles, bookcase SI~reO,nn supplies AUlique SIOOO. Lou.desk &. chair colleclibles &. sllons poslers &. , . .. , . ", memorabilia AlIlique brass S250. I ciganable, nccessorics, pal, chesl I Anlique 1'001 S8000. Tnble Lnrge Screcn TV $700. TV cabinet $400. I !leneh Prcss &. $150. weighls 2 ilmiq\1c Cill1C $60, I c\mirs Il':ll. b~dding. $300. PiCI\ll"~S $2110, m~lIr~ss. whil.: Im11IlS, LJ':lll'llUlll pictun:s TV lnty~ S30, Will~ colh:Cliul1. S31100, Iiquur, g.lnsswnrc. will~ rac1.: .. I I I ^nliqu\.' t:Ind:s I S50n, I I I Ping.'IlCllIg'ilblc I SIOO, I , I I Pool cues & rack I S40, I I I I Tallestr)' bench 1560, I & rocker I I Lincoln & c:lgk I SIOO, I hookend.. . I . I,I!I\\ ;l~ <Inllldfnthcr S25CQ Anliqu, CI,,"ch $75, 1 (1,'01; (1""11\11)' I'dllt pi~c~i , .,- 1'1'"" :'''''''''''1 , :-~ \... ..... . !lll(;, I ,'. I"' 1111~1l"-'l U~lth 1\llIh)lll'~I.'llh.'lll i I u.. I I 57;. .--.- - I 1\",\.,.,.::,,11 I' -, i'-:" 1...." 'r~?:!'"J_ .:.a\iiG."~.~"'-'-'- I ' II' ; .'\I1:L~:'.:': :1:1 Ilabl~ to\- \..F\M ~lalles~ I ~~:.IH~rr{'l'(1I' . I \.1 ,'I ~I'..l., . I ..:. ........ I.'-lil'll:; .-. ~ 5'} ------ , ~.I: :" I $~50. ~l:["-~---"'- - ...-...~~ !~ :llCii lD !~ !! ... :ll"'" i!i ~.... cn oM ....ID MID ~ -.... Ul....1D I "l "'. ... Ul.,1D ~M iii ~ ~~~ E ~ l; .!: .. .... en g66 II en 00 ' ~ coc:oc:og N ~ I~ N'" 0 J~ ~ c,CJl "l 1: i:- ll..... ~:g '" !!l !l ' i= II IS 0 ~'-I mID ~ ,e~ J 0" C'; - . Co .c ., ~ Ql If .. - ~ ~ .. ~- : .. ... a: ID .IIC 3.S .. en u"~JC: c en ~ -!!O 0 Ql .. 1:0. .. U ~ .. E ~xc(." :J cnen ~ cnen ~ ...CJ-C .~ lDlD .. ..8 G S ;.I ~ III ~ ~ Ql E E.. E_ :8:g > " oS;;!ClI ~ ~ > III:J=~ 00 C 0 "'0" ...... - z u..a:~ .. ~ C ~ w ca .. 0 ~ E " D U > 3 E u 0 <(= ~ ~ a: 0 :I _a: .!! en :.. , , -"'''' ~ '" .t:l c c c Ql !! Ql D '" '" ~ E u E!:!: 0 :J 0. 0 ;; D .. .. '" - .lI .g '" :9 u ca ~ > ~::ii~ ~ C - ~ - ~ oocou. ~ - =- C1~.-:'1: "'NM81 ~ .. N~'" D ca N.. . co 0.. ~ .. ., III E ~ ~ Ql .. ... 6 '" E :I - ID ca S ~ :J Ul > .n en 11\ Ul 0 0 ow ~ .... 0 - .. a:~ ,- 0 .. DN oS a:ciE - ~ > '" ~ .,;:Cl - 0 0 ~.a - 0 Z C NOa: ... a cat ~C:l ~ Do .. ..- c.ililll .. c .. s: <~u 0 ow ~ .. :: It 0...- D. III 'ii :: ~ D ,~ .,~~ Ql > -.- oil Ul :r: .. III ,~5 '; 1: 5::\() :J C ';l o w ca c.. "'1' ) ..JM~ - 0 .5"D C \\ \~\\ ! .c en....'!! > U dl.3<3w l&; ( l/l ~ o 'J ~ g: :5 ,. gj Mutual Fund IRA Summary Statement and Form 5498 0703808 0616 LOUIS J CAPPOZI JR 333 E MEADOW DR MECHANICSBURG PA 17055-5168 Fidelity Trust Compony ria Fidelity Investments Southwest Compony P.O, Box 0003&1 Dallas. TX 75205.0364 Fidelity Service Compan)', lnc, I As A~ent of FISW I Tax to, #04.6019726 Your Sociol Security Number: 075-58-8198 I Fund Name ~ FIDELITY TREND FUND : CONTRAFUND I RETIREMENT GROWTH FUND I SPTN MARKET INDEX Account NumDer I 0294334701 , 0357758895 ! 0294334701 : 0585858834 I PIle. M.....l V~ut Sllates Account 1)1>0 REGULAR ROLLOVER REGULAR REGULAR 4B.799 9B.574 384.555 58.178 54.10 48.e3 18.85 68.50 2,840.03 4,598.51 6,142.75 3,9B5.08 - <1 >- "' c:: o z .. z o ~ It o u. c:: "' 0.. .... .. "' > o :; ~ FAIR MARKET VALUE OF YOUR IRA PORTFOLIO ON 12/31/97 FAIR MARKET VALUE OF YOUR IRA PORTFOLID ON 12/31/98 Fund Name Account NUl1'ber \ Account 1)1>0 ConlnIlUt~I)1>O COntnbutJon Amount .. I RecoJIIIRActl'ltIt\.UJIlSmact \ 211\1. SEP.. SIUPlE \'r"LIl..v.Itt~_ S 1l&I'" 6. SIP......... I "991l1<l19911 1at1997 """"COl'lI'WlOll IRA SIP SIII'lI REGULAR IRA O.OD 0.00 12,767.84 0000 0.00 \,I\l9IllJIRA_1lIIIlI \ 2.IRA.SIP.SIMPlE \' r..M.I"v",~_ SOld'" \ 6. SIP_ o 199701Cl 199111at 1997 ,-- IRA SEP SIIIPlE ROLLOVER IRA 0.00 0.00 4,596.51 0000 0.00 l'ReaIf;IrlRA~~ 1211\1.SEP . SIMPlE \,r.'''''''''V.lttd_ SOld'" \6.SlP_ l!\19l71/'l4199!lOfll197 : rtlIMltortrtli.ltlQtl\ IRA SIP SIII'lI I 000 OMB >>0,1515.0747 FOlm 5498 ISlmportlnttll Inlolmlllon Ind Is beln91urnlshed to the IRS, Plme see instnrctions to participant on the bIlk ollhlslolm, OF t997FORM 549B PAGE 1 '\ L\\ Wr'r.,Your .vrip,hburI 01 MID 'PE.~l'tBANK 349 UNION STREET. MILLERS BURG, PA 17061 717069202133 LOUIS J CA~ul~. J~ 40S hEilR Hil:: i rlARRISJ~RG PA 171J~ 4~ 1 1 c. Vir ~ n ~ : I: : ~. :i ;C'ji.J~~r: ~J,jn: 1UlSU7 i'l~l. :;1 net? J(JC:J,~E:li CO:J'jT: 1 i'f.~: ============:================================================================== ViP C~EC'iN3 ACCuUhi 9~07~D7 ======~======================================================================== .... ' DAta. ..I:;../,;i~,B"L..\NCE :, ,..: :~'';;.~,-;.\.Lw,:'':''..!'.':'i..'";~'I~~';:' :.' DLSCR1I'TIJN DEaITS CR~IlITS :;i\LANCE in1':; ST"r.:..i:::aT ... .... ....... .......... ....... ... 01n.~/'I:; 4,OS7.0: TOTAL CiU,DiTS TOTAL DEdITS ( 3) (23) 13,4)3.2;1 13,016.30 AVG .'IW 03Al,~:jC;: 2,619.46 :lINH1U:1 aALAflCE . ,,_ 2,340.03 A v:; A VAlueL;: aALANCE. ',~'.:I;::t:)_4, ~S1. 28 AVERAGE 6ALAI~CE ":"'J,"i,~...i;.5,263.68 =============================================================================== YOuR C~EC(5 SEQUENCE~ == == ====== = ==== == = == = = == == ==== ===== == === ========== == ====== === = ==~-;;~'~= ===== === = = DATE...CHaCK ;......A~OU~T ~ATE...CHECK J......AMOUNT DATE...CHECK~~;~.~~.AMour -,.'0' "'._, ... "~:.:.t;JO'~V:~:-1';'~:.._.'.: 1 U26 251 o1.,jJ lJ1/vc 2:17 1,31j S.12 fj1/23 12/2 t 202 :'7.7.. 01/12 235 127.2 J 01122 ,H/OS 283 42.7J ,,1/ (,'} 289 342.2S 01/27 lU2l} 284 24.9J j 1/1 :) .!'}J 5,00u.00 01/27 12/26 C:SS 141.J6 C1/15 291 1 ,JOJ .00 12/2 ,} 2t1o 52.0:) C1/23 29~ 222 .73 293 lua.: 214 1SIJ.L 295 1, 500.~ 296 160. ; ,', , . .)" .1 ~,'" . ~ . ... . :.. " .f I C. .. _ 5 i AVER~GC LE~uci\ tIAI..A:jCE: AVE~AG;O AVA:LA&L" "ALA..,CS: ~~TE~EST ?AiC Trl.S PE~iO~: ::,TErteS'r p~rD 1 'i70: ..tiTEREST PA:~ 1Jn: TAX .OENTI F.C,H1JI. :-'UNJ;;~: ~,2(d.oe 4,931.2:) 7.5; 7.5; ':i7.17 .;7:;-56-:;190 INTER:ST EAR"i': DAYS .f. PEP.iOJ: A~NJAL ~5~Ci~iA3E YiEL' =A~~rD: 7.S~ 3~ 1.6: CIAc.c. k~ o~ ",~,;;.,'{.,,,.~:.!", - ~',:.\U b,;1.r;. ...~, ~:'~~~. IlOna: ______1 ............ \ \ '\ t'\ . " . INCOME AND EXPENSE STATEMENT OF LOUIS J. CAPOZZI, JR. SSN ., DRN 26.589 DATE 3/5/98 THIS STATEMENT MUST BE FILLED OUT (II you are sell.employed or If you are salaried by a business of which you are owner in whole or In pari, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME (a) Wages/Salary Employer & Address Capozzi & Associates Job Tille/Descripllon Attorney Pay Period (weekly, bl.weekly, monthly) twice a month Gross Pay per Pay Period .................................................................................................................... $ 2,500 * Payroll Deduclions: Federal Withholding ..................$ 218.00 Social Security ...........................$ llJ 1 . :1 Ii Local Wage Tax ..........................$ 25.00 Stale Income Tax .......................$ 70.00 Retirement ..................................$ Health Insurance ........................$ Other (specify) ............................$ .........................$ .........................$ 1, 995 . 75 Net Pay per Pay Period ........................................................................................................................ $ * Pay stub attached as Attachment "A" Total, Other Income .......................$ Month Year $ $ $ $ $ $ S $ $ $ $ $ $ $ S $ S $ (b) Other Income (none) Week Interesl/Dividends ......................$ Pension/Annuity .........................$ Social Security ...........................$ Rents/Royalties ..........................$ Expense Account .......................$ Gifts ,............................................$ Unemployment Compensation.$ Workmc'''s Compensation ........$_ INCOME AND EXPENSE STATEMENT OF I veflfy Ihalthe statements made In thiS Income and Expense Slate. ment are Hue and correcl.l understand thai false stalemenlS herein are made sublecl 10 the penallles of 18 Pa,C S. 4904 relallng to unsworn lalslhcallon to authoulies, Dale: Plaintiff or Oefendlnt . " . Household Week EXPENSES Home Mortgaga/Rent ........................................ $ Maintenance ........................................... $ Utilities (telephone, heating electric, etc.)........................................ $ Employment (transportation, lunches) ............................................... S Taxes Real Estate .............................................. $ Personal Property................................... S Income ..................................................... $ Insurance Homeowners ........................................... $ Automobile .............................................. S Llle/Accldent/Health .............................. $ Other .........,.(D.~~a.b.iU.t~.)................ S Automobile (payments, luel, repairs) ................................................. $ Medical Doctor, Dentist, Orthodontist ................ $ HDspllal ................................................... $ Special (glasses, braces, etc.) ............... $ Education Private, Parochial SChDOI ....................... S College ..................................................... $ Personal Clothing ................................................... S Food ......................................................... $ Other (household supplies. barber, etc.) .......................................... $ Credit payments and loans .................... S Miscellaneous Household help/child care ..................... $ Entertainment (inc. papers, books. vacation, pay TV, etc,) ............ $ Gllls/Challtable contributions .............. $ Legal Fees ............................................... $ Other child support/alimony payments ............................................. $ Other (specify) ............................................... $ To'al Expenses ............................................. $ Child Waek Household Month Child Month $ $ $ $ $ 250.00 $ $ $3-400.00 $ $ $ $ $ $ S $ $4-500/vr. $ S S $ S $ $ $ $1, 200~vr. $ S $1,000 yr. $_ S $3.GOO/vr. $ $ $ 250.00 S $ S2 . 000 OO/yr$ $ $ $ S $ $ $ $ $ $ $ $ S $ 50.00 $ $ $ 40n nn S $ $ 20.00 $ $ S $ $ $ 150.08 $ 200.0 childcare $ S 200.00 $ $ $ 30.00 $ $ $5-600.00 $ $__ $ $__ $ $ $ $ $ $ EMPLOYEE NAME Louis J capo..; Jr. ,,^RNINGS . SALARY ,.,' ," . ~"''':"v''U'..y ........ se/S:\'l . d . . . . RATE SOC. SEC. NO. 075-56,8198 12 CURRENT 2500.00 Y YEAR TO DAT! " '7500.00 . . ,II.. ;~. ;.. ' . ", :; ." . ~..';~ . ,,' ~. .,' .' ',.. .." . . '.' ~.' . . OrxCl PAYROL~ PERIOD 2/01-. 2/15/98 CK. NUMBER CK. DATE 8115 2/13/98 " 7 OEOUCTlONS CURRENT Y,,^R TO DATE flO 111ft 216.56 1108.33 FICA TAX .. ' 191.25 :' 573.75 511ft 70.00 210.00 LOCA~ A " 25.00" 75.00 "flU PAT" 1997.19' 5532.92 ,', , . ,......................,....'........,.,.......... "n._, Z6se~Z 01 L\'lll' LLZ .!.ll.311:HJOSstl (IN\;j IZZOd\:lJ ~.:l 61:131 86. 90 /AAoI .. ~ LISABETH E. CAPOZlI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97 - 2795 LOUIS J. CAPOZZI, JR., Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT Datc of Marriagc: Date of Separation: Divorce Complaint filing date: July 28, 1990 October 24, 1996 May 27, 1997 1. ASSETS A. Marital Property Mtg./Loan Bal. Present Valuc. 1. Marital Residence $138,287.48 $285,000.00 2. 1991 Lexus (Collector's Item) (H) $10,000.00 3. 1997 Blazer (H) approx. $20,000.00 4. 1996 Volvo (W) approx. $22,000.00 5. Latsha & Capozzi, P. C. Partnership Interest (H) To be determined 6. Latsha & Capozzi, P.C. Retirement Plan (H) To be determined 7. Mass Mutual Life Insurance Policy No. 8667034 (H) To be determined 8. Smith Barney SEP Account No. 138-67201-12 (H) To be determined 9. Smith Barney IRA Account No. 138-60016-12 (H) To be determined 10. Smith Barney Stock Fund To be determined Account No. 138-11751-14 (H) 11. Principal Term Life Insurance To be determined Policy No. 4376744 (H) ~. Mlg./Lonn Bnl. Prescnt Vnlue. 12. American Funds (H) To be determined 13. Personalty (See list attached to Plaintifrs Inventory) To be determined 14. Fidelity IRA PortfDlio (H) $17,364.35 (value as of December 31, 1997) 15. She.1rSon Lehman/Smith Barney IRA (W) $6,986.26 (value as of November 30, 1997) 16. AMP Pension Plan (W) $6,092.18 (value as of September 30, 1997) (~1( 17. Checking/Savings Accounts (1) Unknown 18. M L Banccorp stock To be determined 19. Mariner Health stock To be determined 20. Genesis Health Ventures stock To be determined B. Non-lIllll'ilnl PI'opcl1y 1. Mass Mutual Life Insurance Policy No. 8531187 (H) $10,113.93 (value as of April 21, 1997) 2. Mid Penn Checking Account (Business) (W) $1,100.00 (funds were gift from grandmother) (approximately) 3. Mid Penn Bank Certificate of Deposit (W) $1,000.00 (Son's - funds were gift from grandmother) 4. Mid Penn & Harris Savings Banks Checking/Savings $400,00 Accounts (Some savings accounts are son's) (W) (approximately) 5. Stamp Collection (H) Unknown . ., ASSETS OF PARTIES Plaintiff 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) 1. Real property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options (X) 4. Certificates of Deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market ( ) 7. Contents of safe deposit boxes ( ) 8. Tru::;ts (X) 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 (X) 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with a company) ( ) 16. Employment termination benefits - severance pay, workman's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Milltary/V.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) (X) 26. Other c. $1,200.00 as a deposit on their son, Louis', day care. 2. The advance on equitable distribution ($58,200.00) shall be credited In any Agreement entered between the parties or, In the event the matter is litigated, shall be credited by the Court toward any final equitable distribution awarded to Wife. 3. Pending the sale of the marital residence located at 333 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania, Husband shall be solely responsible for the mortgage payment on the said residence in the amount of approximately $1,800.00 per month. Husband shall receive from the proceeds of the sale of the marital residence, an amount equal to one-half (1/2) of all mortgage payments made solely by Husband beginning March 1, 1998. The said amount shall be distributed to Husband from the proceeds of the sale prior to establishing net proceeds for the purpo'ses of equitable distribution. 4. Husband agrees that he will execute any documents necessary to waive any spousal interest he may have in a new residence Wife is intending to purchase. This will inciude any documents submitted by the mortgage company for that purpose (Spousal Waiver). 5. The monies set for above ($60,000.00) shall be paid to Wife within fourteen (14) days of this Agreement. 6. The parties have attached to this Agreement. il list of personal property they have agreed to distribute. thereby eliminating any further valuation or distribution of personal property. Wife waives any and all claim to those i:ems which are designated as "Lou's", Husband waives any and all claim to those items designated as "Lisabeth's" with the exception of the Lexus (which Is granted to Husband subject to Wife's claim to one-half (1/2) the proceeds In the event of its sale). The parties, in distributing the personal property attached hereto and marked Exhibit "A", did not use any of the values listed thereon. In the event the parties cannot agree upon the distribution of any Items not covered by the attached list, the matter can be submitted to the Court for distribution at a later date. Only the property set forth on Exhibit" A" has been divided between the parties and will no longer be considered in equitable distribution. 7. The $1,200.00 as set forth in Paragraph 1 c (day care expense), shall be credited one-half (1/2i to Wife's responsibility and one-half (1/21 to Husband's responsibility. The parties acknowledge that $600.00 of the $1.200.00 is being placed as a deposit on 'the day care and, in the event the said sum is refunded, each party is entitled to one-half (1/2) of that refund. Husband has prepaid his one-half (1/2) share of the first four (4) weeks of day care by advancing these funds, IN WITNESS WHEREOF, the parties hereto, intending to De legally bound hereby, have hereunto set their hands and seals the day and year first above written. ~dtd1-~ or ~ _' Lis eJh E. Capozzi {/' .I .... Lo'ui Divisioll of Mai'ital Prbpel1y - Lisabeth Eames and Louis J. Cspozzi, Jr. Jalluary, 1998 Lisabeth Potsll'aas SIOO. Blue dishes S40. Serving Pieces SSO. Utellsils 525. Microwave SSO. Hutch SIOO. desk chail' &. S7S. ~ Table &. chail's 5350. VnCtlllln S7S. milr Camplller &. $2300. 'UIII Prilller&. Cubillel Loti Capuccino Mkr Pasta Maker &. Accessories SSO. SSO. While china set SSO. 1/2 of conee mugs Volleyball Net Horseshoes S40. 0.DC!. v-.c:?- . AlIliqllemiITor 575. 1/3orCD's $400. SI75. 2/3 of CD's \llIac1; IIl1li'lIlC cllle'- \ iliacI. \calher chnil &. Olllll1l;lll 5800. 5500. CD player \ I'a\ III;lChiIlC I SI\' d.,~ I"" \ l.ulIis's tuys & rllll1i,ur~ \ Sofa & iliaci; n:c1il\~1 \ SIOO. I S,O. \ .-- \ I \ ~_..-....--...-~ I 55(10. ! 1 , , S60. S800. I Corn<r TV $500. \ cabia:<:. TV. "Clt ;~:.."i1l.:i::zt70t.'1C-~;J::~"''ftlf.n...~S;Mo''''a ['" I \ 1'01'0 i I I , : i I \_._...' I I I 1 : I<dll\~" \ I Skigh cofl<< ,able I I 2 end tabk, \ ~1"I1\~J lIcad b"SI I S30. i S..lIJ. \ $400. 1$200. ! $50. ".; .-.,.... ..... Pre.Marital Egg painling.LIl ..... " t . ,', Lou.his books, cnc)'~lu(1~"li:\ LO.3 Ica'- lables & bcokc;1Sl.:. IJh:tun:s oS:. lamps, Uook~ \ I I I I .~_ _ n.lI:'1'JV:!_ ~O~:'StJ;:l~' .;~~::.:t:."::. :~"'\"IJS ,.;, .:;':i _.~ I i I i I ----.. :...!1.: ~..'.':\i:; l'~ tOl:''::o -\ \ I -.----. L1sabclh \le,I, bedding. 1lI~t1I'~SS. \\'hil~ Imups, u':l.lrOOll1 piCIUI"'~$ 5300. TV tna~ ~ SjO. $25(l(l. Gmntlfi\thtr CI<'d;(bllil)' picl....:i II~U..!5 ,:,; !'i:::l'~. I. I (:", , . i .-.. 11l1l.. i 'II utli;', lliilh i .... i 1\1IIhHlI1O:\.'lth:nl I {CR';'j". : :,,11 I $;;'. 1......1 "-"'ltPieor!o:\ .-:Jliiiil4o'-"""'-- - .------.- llf Lon AllIique In\\)'er's bookcase S400. Antique colleetibles &. sports pastcrs &. memorabilia SIOOO. Anlique brass cigar table, necessaries, pot, chest S2S0. Antique 1'001 Table S8000. Lnrge Screea TV S700. S400. SISO. TV cabinet Dench Press &. weighls 2: nmiq\lc cnne chairs SGO. Piclur.:S S200. Win.: colkctiulI. SjOOO. li'lUOl, glilsswilre. Will": nlcl~ I ^llIiqll~ docks I S50~ I Ping'Jl{lng talJli: 151[10. I Paol cues &:. rock I 540. I TnlleW)' bcnch I 560. "'- rocker I Lincoln "'- cagle I SIOO. hnnl;end, Anli'lu: Clnnch S7:i, Paint ! II 1}1 T"l,l~ ::'), I .., ... ! \liIlC: , \'I':",'lhl \ ~I 2: I' ....,.. ... Tobk t~ \.N" ~)nnc'c I <'.0 ...-) . \\",llerrCl!or -0- -- --.p~-~~-'.--:II- . .. 2 Pre.Marllal I Ln.records, lapes, Slereo,an supplies Lou.desk &. chiliI' '. " , .', , ---.----. , i I i I ... -~.-......--IV"~-~ 3 Ll!abelh Lou Red llnll &. Clnw 5300. 2 cryslnl SIOO. Lou. sora. chair, Choir decanters pillO\l1,Ialllps, coriee <<. elllllnbles, llli1nth: c1I1C~.:1 allliquc green chairs I Lou.Dcclarnlinn .' , Pinna & bench 5250. Lnrgc Lincoln 5350. Prim Print Alllique Rase 575. Lcnno~ 5300. bowl Presidenlial Dowl Chippendale S1800. 2 sl1lnll prims S70. Mahogan)' Secretlll)' China Set & 51000. Amiqne bnnjo 5300. Gold 1I1cnsils & clock 10 len of CI")'5I:11 \\1\lcr, secretnl)' some ch:uup:lg.nc, som.:\\'inc: Anlique hnnjo S350. Amlqlle bnnjo 5400. clock to left or c1nck 10 righl or 5\\fa sofa (Washinglan) \ Smallinl"i,1 S60. I Caurier &. I,es I S50. 1;llIk Plinls I C.,.,..""......",. I $75. I I & rug RI.:t1 ~1;lSS :mtl S15: 'lll!,,'r \.'lllh:I.'tihk" ill ~l.'~ll.'l:Iry \'itlCllTilll~ 5300. R.:w.:Olll.:l'. sl:lI1d. CUI1lClil I Anlique on$C $12$. I. I nildll'!,\'jl,>" \UlIn;'1 I SIOO').' \2 largc unlique \ S900. 1 doel" Ilnbk I 515". I G CI ySlnl wine I 5250. I , 1;1"5~~' 3 ! , I ~I'., I , I :-'I.\!hl-;:!~l~ 1.:. ::~:: =' I G ~1\,!-t:,;l I ~:!~'.' ! "'h:~:'I1P;!~l1': , I ______00 ...---. I :\nli'lU~ li"n., S...... \2 e,yml,', eI:,,,:> I 52U~I. l."hin....1 \'iB~5 I Teak s:1lad set I S40 I \.. . .1......1. I ~.,. I ........ ...l.. .\ n!~~ , --~--~ L\sp.~en.\- Lamp sso. Grandmo's quill S17S. liSAbeth WasherlDr)'e,' 5300. Reli-igemtor S200. ('11.... Toolvshel\'es, $100. garage stuff Vol\'o, 1996 522,000 T~I Jdl ~~ L~.X\l5 - \-0 u 1~III..:rnlcllmlc.::lct \..\";P.~E:rl-\ Diamond dinne....ing S:lpphil'C bl'ilc~I~1 1\1II~lhySll>r"ccl.:t .' .",' .....,.....'..I.\,. . lov 5 Brass bed &. mattress &. bedding SSOO. LB. ilon bed &. mAllress, Inlllk, sla.. vAnit)' &. chair, end lable, se\\;ng IIlnehille Squore nmique mirror &. low table SSO. Lou. white record, . . . - "1 eabinel ., Antique rocking ehail' S200. Lou Ple.Marllal Iron wood stnnd S50. I Bike, gold elubs I ,/'2- Tool-S. B1nzer, 1997 S20,OOO S 1 0,000. - ::r OJ. -r H Eo .E" E' ('J\ \..E~U::' \'5 So.t.D ,\\E. ~()I:IOe:\:)'S 1IJ11.1.. \?E l),,:,tlB\) ~ UpLL\ ETv..lEI?"J T\"l E IE 5300. 5600. I SIOO. SIOO .......,--- MONTHLY YEARLY (Fill in appropriate column) Charge Accounts Memberships Loans Credit Union Miscellaneous Household Help Child Care Papers/Books/Magazines Entertainment Pay TV Vacation Gifts Legal Fees Charitable Contribution other Child Support Alimony Payments OTHER: Veteranarian $29.17 $300.00 $10.00 $200.00 $22.00 $125.00 $83.33 $600.00 $50.00 $16.67 TOTAL EXPENSES $5,699.17 PROPERTY OWNED: Ownershio* Descriotion Value H Ii i! Checking Accounts $200.00 X Savings Accounts Credit Union Stocks/Bonds Son's CD $500.00 X Real Estate Other Business Account $1,200.00 X TOTAL $1,900.00 (E) Name of accountant, controller or other person in charge of financial records: none yet (F) Annual income from business: (1) How often is income received? No income yet. (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: "if 2. m8 CONNELLY. REID AND SPADE Client LedQeri "ATTERi 97010b ALL DAlES PAGE 1 DATE --.-----------------------------------------------------------------------------------------------------.--------------------------- RECEIVED FRDK 1 PAID TO EXPLANATION CHE I :.....----- G ENE R A L ..........: BLD :......... T R U S T .-........: INV I RECEIPTS DlS8S FEES INV RECEIPTS DlSBS BALANCE CLIENT: 790- CAPOIII, LISABETH KATTER: 97010b RE: DOlestic Apr 08 97 LANYER: I 0,20 Hrs X 200,00 Telephone confereace ~Ith clleat, Apr 28 97 LANVER: I 0,50 Hrs X 200,00 Preparatloa of ladelnlflcltion A~reelent, Apr 28 97 LANYER: I 0,50 Hrs X 200,00 Preparltioa of Divorce COlplalnt, Apr 28 97 LANYER: I 0,30 Hrs X 200,00 Telephoae confereace ~Ith client, Hay 05 97 LANYER: 1 0.40 Hrs X 200,00 Telephone coafereace ~Ith clieat, Preparation of Po.er of Attorney. Hay 07 97 c~ I 350 Deposit "oaey iato Escro> Account Hay 07 97 CUlberland County Prothonotary bb58 Filiag fee Divorce COlplalat Kay 09 97 LAWYER: 1 0.10 Hrs I 200.00 Telephone conference ~ith client, Hay 15 97 BILLING ON INVDICE 19771 FEES 400.00 Hav 20 97 LAWYER: I 0,20 Hrs I 200,00 Teleohone confereace .ith clieat, Hay 20 97 LAWYER: I 0,10 Hrs X 200,00 Telephone conference .ith client, Hay 21 97 LAWVER: 1 1,50 Hrs X 200,00 . Preoaratioa of Custody COlolaiat aad Petition for Elergeacy Relief, Hay 22 97 c~ I 373 Deposit Hoaey ialo Escro. Accouat Hay 22 97 CUlberland Coualy Prothonolary bb.9 Filiag fee Custody COlollint Hay 22 97 LAWYER: 1 0,20 Hrs X 200,00 Teleohoae coalerence ~ith client, Hay 23 97 LAWYER: I 0,20 Hrs X 200,00 Letter to Hr, Capolli:' Hay 23 97 LANYER: 1 0,20 Hrs X 200.00 Telephone confereace .ith client, Hay 27 97 Petty Cash 15197 Mileage Hay 27 97 Petty Cash 15197 Filiag fee Hay 28 97 Hay 28 97 Hay 29 97 LAWYER: 10 0,.0 Hrs X bO,OO Research venue issue, Hav 30 97 LAWYER: 10 0,80 Hrs X bO,OO Research veaue Issue aad lelorandul to John Conaelly rei Venue, Jun 02 97 LAWYER: I 0,30 Hrs X 200,00 Revie> of correspondence aad Divorce COlplaiat. RESP, LANYER: 0.00 12,50 5,00 5,50 5,50 1 - John J. ConnellY 40.00 19771 100,00 19771 100.00 19771 bO.OO 19771 80.00 19771 19771 19771 20.00 19771 19771 40,00 19985 20,00 19985 300.00 19985 19985 m85 40.00 19985 40.00 m85 40,00 19985 19985 19985 19985 19985 3..00 19985 48,00 19985 bO,OO 19985 225.50 Ac 1 -225.50 Ac I 45,50 Ac 1 -45,50 Ac I 225,50 O,OD 45,50 0,00 "Ir 23 1998 CONNELLY, ~EID AND. SPADE Clieat Led;er: "ATTER: 970106 ALL DATES PAGE 3 DATE RECEIVED FRO" 1 PAlO TO EXPLANATION CHE I :-......_-- G ENE R A L ......._--: tiLO :......... T R U ST..........: INV I RECEIPTS DISBS FEES INV RECEIPTS DISBS BALANCE ._a_._._____.____________._________._____________._.____________________________.__________________________________________.________ Jul 02 97 LAWYER: 12 0,20 Hrs X 45.00 Telephone tonfereate Mith DOles tit Relations, Jul 08 97 LAWYER: 12 0,20 Hrl X 45,00 Telephoae tonferente Mlth DOlestit Relatloal, Jul 09 91 Fetty Cash 15359 nlIea;e Jul 09 91 Peth Cash 15359 ,. Kilea;e Juf 09 91 LAWYER: 1 0,20 Hrs X 200,00 Telephoae tonferente Mlth tlleat, Jul 15 91 BILLING ON INVOICE 20250 FEES 525,50 DISBS 25,53 Jul 16 91 LAWYER: 12 0.20 Hrs X 45.00 Telephoae tonfereate Mlth tllent. Jul 11 91 LAWYER: 1 1.00 Hrs X 200,OD Office toalultatloa Mlth tllent. Jul 21 91 LAWYER: 12 0.20 Hrs X 45.00 Telephone tonfereate Mlth tlient, Jul 24 91 LAWYER: 1 1,00 Hrs X 200,00 TMo telephoae tonfereaces Mith clleat, Travel tile aad attendante at CUltody Contillation tonfereate, Telephoae tonferente Mith Atl orael Saltlqiver, Jul 24 91 LAWYER: 10 3,20 Hrl X 60,00 Re~iew file and toafereate preparation: toaferente with tlieat; aad rei earth re;ardla; laterro;atories, Jul 24 91 LAWYER: 10 1,30 Hrs X 60.00 . Preoaration of Interroqatorlel relative to aHoraeys, Jul 25 97 LANYER: 10 0,40 Hrs X 60.00 Review peal ion oalohlet aad sUllarile. Jul 28 91 LANYER: 1 2,50 Hrs X 200,00 Preoaratioa and attendaate at four party conferEnte, Jul 29 97 LANYER: 12 0,20 Hrs X 45,00 Telephpne toaferente Mlth Judge Oler'l thalbers, Jul 30 91 LAWYER: 1 0,20 Hrs X 200,00 Telephone toaferente Mlth "I, Saltlgiver, Auq 01 91 LANYER: 1 0,20 Hrs X 200,OD Re~iew of torrespondente, Letter to tlient. Auq 06 91 LANYER: 10 2,BO Hrs X 60,00 Fiaalile draft of Interrogatories 11,51; and, oreparation of dotulentl laltlal draft of Request for Produttion of OOtUIEnts (1,3). Au; DB 91 LAWYER: 1 0,30 Hrs X 200,00 Review of torrelpoadene, Custody Contlliatioa Report and Order, Auq 15 97 BILLING ON INVOICE 20360 FEES 1529,00 Auq 21 91 LAWYER: I 0.30 Hrs X 200,00 Telephoae tonferente Mith tlient, Sep 04 97 LAWYER: I 0,20 Hrs X 200,00 Telephoae toafereate Mith tlient, 9,00 20250 9,00 20250 12,50 20250 12,50 20250 0,00 40.00 20250 20250 9.00 20360 200,00 20360 9.00 20360 200,00 20360 192.00 20160 79,00 2036(' 24,00 20360 500,00 20360 9,00 20360 40,00 20360 40.00 20360 16B,OO 20360 60.00 20360 0,00 20360 60.00 20m 40,00 20m Nar 23 1998 CONNELLY, ~EID AND SPADE Clleat Ledgerl NAllERl 97010b ~LL OATES PAGE 4 --------------------------------------------------------------.----------------------------------...-----------------.-------------- DATE RECEIVED FRON 1 PAID TO EXPLANATION CHE I :..--...... G ENE R A L ..........: BLO :......... T R U S T ......-...: INV I RECEIPTS OISBS FEES INV RECEIPTS DISBS BALANCE -------.------------------------------.-.--------.---------------------------------------------------------.--------....------------ Sep 05 97 LAWYERl 12 0,20 Hrs X 45.00 lelephoae confereace Nlth clleat, Sep 15 97 LAWYER, 12 0.20 Hrs X 45.00 Telephoae coaference Nlth Attoraey Slltlglver. SeD 15 97 BILLING ON INVOICE 20669 FEES 11B,OO Sep 1b 97 LAWYER, I 0,30 Hrs X 200.00 Telephone confereace Nlth clleat, Teleohoae confereace Nlth Attoraey Slltlgiver. Sep 29 97 LAWYERl 12 0.20 Hrs X 45,00 Telephone confereace Nith clieat, Oct 01 97 LAWYER: 1 0,10 Hrs X 200,00 Telephone conference with clieat, Oct 02 97 LAWYER, I 0,20 Hrs X 200.00 Review of correspoadeace. Oct 03 97 Photocopies Oct 15 97 LAWYER: 1 0,20 Hrs X 200,00 Telephoae confereace Nlth client, Telephoae coafereace Nlth Attorney Saltlglver, Oct 15 97 LAWYER: 1 0.20 Hrs X 200,00 . Telephone confereace with client, Oct 15 97 BILLINS ON INVOICE 20835 FEES 209,00 0lS8S 4,95 Oct 1b 97 LAWYERl 12 0,20 Hrs X 45,00 Two telephone conferences Nlth Attoraey Oesfor's office, Oct 17 97 LAWYER: 12 0,20 Hrs X 45,00 Telephoae confereace with client, Nov 05 97 LAWYER, 12 0,20 Hrs X 45,00 Telephoae confereace with Attorney Slltlglver, Nov 07 97 LAWYER: 12 0,20 Hrs X 45,00 Telephoae conference Nith Attoraey Oesfor's office, Nov 10 97 LAWYER: 12 0.20 Hrs X 45,00 Telephone coafereace Nlth clleat, Nov 11 97 LAWYER: 12 0.20 Hrs X 45,00 Telephoae confereace Nlth client, Nov 11 17 LAWYER: 1 0,20 Hrs X 200,00 Telephone conference Nlth client. Oec 01 97 LAWYER, 12 1,20 Hrs X bO,OO Review file lnd drift Coatelpt Petition, Oec 01 97 LAWYER: t 0,50 Hrs X 200,00 Revision lnd flail drift of Contelpt Petition, Oec 03 97 LAWYER, 10 0,70 Hrs X bO,OO Letter to Attoraey Slltlglver: letter to Cueberland County Prothonotlry; revise Petition for Contelpt; telephone call to clleat's res Idence reglrdlag executlpn of Verification. Oec 04 97 LAWYER: 10 0,50 Hrs X bO,OO Telephoae conference Nith clleatl lelorlndul to Attorney Coanelly, .,00 206b9 9,00 20bb9 0,00 20bb9 bO.OO 20B35 9,00 20B35 20,00 20835 40.00 20835 4,95 20B35 40.00 20B35 40,00 20835 0,00 20835 9,00 21117 9,00 21117 9,00 21117 9,00 21117 9.00 21117 9,00 21117 40,00 21t17 72,00 21244 100,00 21244 42,00 21244 30,00 21244 hr 23 me CONNELLY, REID AN~ SP~DE Client Ledgerl "ATTERl 970106 ~LL O~TES P~GE 5 ----------------------------------------------------------.-------------.------.------------------------.--------------------------- DATE RECEIVED FRO" 1 PAID TO E1PL~NATlDN CHE I :.-------.. G ENE R A L .....----.: BLD :......... T R U S T .....-..--: INV I RECEIPTS DISBS FEES INV RECEIPTS DISBS BALANCE -----------------------------------------.-----------------------------------------------------------------------------------------. Dee 05 97 lAWYER: 10 0,20 Hrs I 60,00 12.00 21244 Letter to client. Dee 08 97 81LLING DN INVOICE 2il17 0,00 21117 FEES 94,00 Dee 11 97 12,75 21244 Photocopies Dee 15 97 BILLING ON INVOICE 21244 0.00 21244 FEES 256,00 DIS8S 12,75 Dee 16 97 LAWYER I 12 0.50 Hrs I 45.00 22.l0 21420 Three telephoae confereaces with Attoraey Saltzgiver. Two telephoae confereaces with DOlestic Relatioas, Dee 16 97 l~WYER: 12 0.20 Hrs I 45,00 9.00 21420 Telephoae conference with Attorney Saltzgiver's office, Jaa 02 9B LAWYER: 12 0,20 Hrs I 60.00 12.00 21420 Telephoae coaference with client, Jan 12 99 L~WYER: 1 2,00 Hrs X 200,00 400.00 21420 Dffice consultation with client, Jan 14 98 L~WYERl 1 0,80 Hrs X 200.00 160,00 21420 "eeting with Atty, Helvy Jaa 15 98 c, I 290 21420 5000,00 5000,00 Deposit "oaey into Escrow Accouat ~c 1 Jan 15 98 CoaneI1!, Reid & Spade 6930 21420 -4227,23 772,77 EScrON Traasfer Ac I Jan 15 98 c, I 6930, CR&S -4227.2l Clleat Paying 8ill Jan 15 99 BillING ON INVDICE 21420 0,00 21420 FEES 603,50 Jan 15 98 l~WYERl 12 0,20 Hrs X 60,00 12,00 21526 Telephoae conference .ith Court Reporter, Jaa 19 98 Connelly, Reid & Spade 6931 2m6 -60l,50 169,27 Escro. Transfer ~c 1 Jan 19 98 c, I 6931. CR&S -60l,50 Client Payiag 8ill Jaa 20 98 lANYER: 1 0.20 Hrs X 200,00 40,00 21526 Telephpne confereace .ith client Jan 26 98 LAWYER I 1 1.50 Hrs X 200.00 300,00 21526 Office consultatioa .ith clieat, Jaa 28 98 Dauphin Couaty Prothoaotary 6943 21526 -15,00 154,27 Filiag fee Ac 1 Jaa 28 98 Void 6943 21526 15,00 169,27 VOID ~c I Jaa 29 98 L~WYERl 1 2,80 Hrs X 200,00 560,00 21526 Preparatioa and attendaace at Deposition. "eetlag .ith client, Jan 31 98 BilliNG ON INVOICE 21526 0,00 21526 FEES 912.00 Feb 10 98 Connelly, Reid & Spade 6964 -169,27 0,00 Escrow Traasfer Ac 1 MAR. -16' 981MONI 14:27 . Mar 16/1998 WIES, SMITH" lllJRKIN cOent l"dger JAMES, SMITH, DURKIN a cONNEll V up to Doc 31/2199 --H' CheN cplN . Rcpts Client: 7029 - CaponI. Lisabeth Maller: 98.6025 Dom"stlc relations Fob 3/199Bluwyer: 5 0.20 Hr. X 200.00 3+1427 TIC wllh Ally. Helv"y, Feb 4/199BLawyer: 5 0,30 Hra X 200.00 344426 Letter to cllant. Review correspondance. Fob 4/1998lawyer: 28 0.10 Hrs X 75.00 344923 latter to Ally. Helvey. Fob B/1998lawyer: 5 0.20 Hrs X 200.00 344437 Telephone conference with client. Feb 6/199BLuwyer: 26 0.20 Hrs X 75.00 344947 Telephona conference wilh Domestic Relations, Feb 6/1998Expense Recovery 346960 Postage' Fob 9/199Blawyer: 5 0.20 Hrs X 200,00 344439 Telephone conference with Atty. Helvey. Feb 9/199Blawyer: 5 0,30 Hrs X 200,00 344440 Telophone conferenco with clleat. Fob 10/1991Lawyer: 28 0.10 Hr:s X 75,00 345892 TIC wllh Domestic Relations Feb 11/199fLuwyer; 28 0.20 Hrs X 75.00 344927 Telephone conference wilh Judge Ole~s chambers, Feb 12/1991Lawyer: 5 0,30 Hrs X 200.00 344765 Telephone conference with client. Telephone conference wllh Atty. Helvey. Feb 12/1991Expense Recovery 00031 347323 photocopy charges Feb 13/1BBILawyer: 5 1.20 Hrs x. 200.00 344475 Meeling with client, Mr. Capozzi and counsel, redraft of Agreement Feb 13/19BILewyer: 5 0.40 Hrs X 200.00 344478 Draft of Agreement. Feb 13/1991Lawyer: 5 2,00 Hrs X 200.00 344479 Preparation and atlendance et four-party conference. Feb 13/199lExpense Recovery 347357 pho10copy charges Feb 13/199lExpense Recovery 347359 photocopy charges Feb 13/1991Expense Recovery 347362 photocopy charges Fob 13/1991Expen:se Recovory 347363 phOlocopy charges Feb 13/19BIExpense Recovery 347364 photocopy charges Fob 16/109lExpense Recovery 347024 CLIENT POSTAGE Fell lB/199lExpense Recovery 347382 photocopy charges Fob 16/1991Expen6B Recovery 3476B3 Postage Date Rooolved From I Peld To Entry' Explanation 00005 00032 00032 00032 00032 00032 00013 00033 00047 TEL:?I? 533 2i95 P. 11112 . Pag"'l General .~- '{i_u .--. - Bid Trust ~~~ Invll Ace' ~cPIS DJ~Bal;';; ..-.- Dlsbs 40.00 60.00 7.50 40.00 15,00 0.32 40,00 60.00 7,50 15.00 60.00 0.30 240.00 80.00 400.00 0.30 2.25 1.50 1.80 6.00 1.79 16.20 0.96 fr. \/) - 1..'", ~.. .1. ./.. ,- ~ Z)~'; u}~ t.,..... -' ' ',"", ~.l.l -- ....... ~,i. ~~r: eo.. ~.') ~:j ....... C ,.(1 ,;-,,,; @"- '" .... ',. ,.. L\tJ , C". u:~: ....: ;".,\;;:'" ~ :;-~ 11- CO ::> 0 r;J\ t) TH!: LAW FIRM OF KILLIAN BcGEPHART ORIGINAL. ,'c"_"" ... ..~~,..': ,.",;C_" '.:'rq .-. .' -. -.' .,.~,.-".,'.i , . -. 1""0 :', '- -, ,_. !-i;;}' <: :', ~" - CERTIFIED copY i :'i":,'~t;;:/0: · .-. ,";_I',':.-;':'i.4';;":\::<:~:;\~-;'; . :". '~'~':/:~>:?1t>~:'.~iz:',;c~_: ,.:: ,',';. :~,_e.~ -' ',,:-';')('~~:~J/):'E':,; i':;~:'f.~;i.-?:;o:~~~::r' "', . ala PlNI: IT"IIT ... Q.. 80K 1111 HARRISBURG, PENNSYLVANIA 1710B.0888 vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-2795 LISABETH E. CAPOZZI, Plaintiff LOUIS J. CAPOZZI, JR., Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of Defendant in the above-captioned action. Dated tf14 q f Laurie A. Saltzgiver, MEYERS &: DESFOR 410 North Second Street P.O. Box 1062 Harrisburg, PA 17101 Please enter my appearance on behalf of Defendant in the above-captioned action. J. aul Helvy, Esqu' LLIAN &: GEPHART 218 pine Street P.O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Atty. I.D. #53148 --1/,SI,r Dated ",:-,., ...... -,';;';" ':::.'''' ',' 0 I.!) 0 c OJ '1'1 - . ;;:I ""Ori~ - r~) t! ?:'':: .~'I ::!J .- 'Iii . . :i"l6 &~, C" t"') .. . ':":1 ..- ~~~ ...., -:u :Ij.' ~~t~ --f.l !t} ,-:311 ;.: '" -=i :-~ ~1 (.:I .... ,-.-,....- fr. ~ ,.,: .~ ,-. .. , - 1110- - ~j~:;: (..V r1:~1 ~ :.:):J 1I~ ,I 9( "- 0'"": N ~~ ;r~ Ll.{l! I 2 ;':. ff:Vi _J ;"l(,j -'-. ::::> ; -10,. ,- -, -.;. ". OJ. r- :::> 0 en 0 ~ any obligation to withdraw funds from the Smith Barney account which is a post-marital account held in his name alone. 6 , Admi t ted. By way of further answer, Respondent has partial custody on Wednesday evenings, every other Friday evening, every Saturday, and most of the day on Sunday. 7. Admitted in part and denied in part. It is denied that the Respondent has failed to provide the Petitioner with financial support since she refused to accept the aforesaid position. To the contrary, Respondent continues to pay the mortgage on the marital residence (where the Petitioner resides), has paid the Petitioner's February phone, her utilities and trash removal and has also provided her with $1,000 on March 20, 1998 (a true and correct copy of said $1,000 check is attached hereto and marked as Exhibit "A"). It is admitted that the Respondent refused to succumb to the Petitioner's efforts to blackmail him and that he did not provide the Petitioner with a lump sum payment after she threatened to move to Virginia with their child. It is specifically denied that the Respondent has any support obligation to the Petitioner whatsoever, given the fact that she has a documented earning capacity of $70,000 per year. 8. Admitted. 9. Denied. It is specifically denied that the Petitioner should be provided with funds from the Smith Barney account. It is further denied that providing the Petitioner with such funds would - 2 - constitute an "advance on equitable distribution" since said funds are not marital property. Respondent believes and therefore avers that providing the Petitioner with funds at this point in time would only encourage her to continue to turn down other well paying jobs. 10. Denied. It is specifically denied that all of the cash assets of the parties are in the possession of the Respondent. To the contrary, the Respondent has paid the Petitioner in excess of $60,000 in 1997 alone. 11. Admitted in part and denied in part. It is admitted that the parties marital residence located at 333 East Meadow Street, Mechanicsburg, Pennsylvania, is listed for sale. It is specifically denied that in advance from the Respondent's post- marital stock account is appropriate. It is further denied that an advance from the Respondent's post-marital stock account would not prejudice the Respondent. By way of further answer the petitioner lives in the 333 East Meadow Drive residence. The Respondent has been informed by the realtor that the premises are not being kept in a condition which is conducive to its sale. The Respondent believes that providing petitioner with more funds will only continue to encourage her to "block" the sale of the marital residence and refrain from obtaining gainful employment. 12. Admitted in part and denied in part. It is denied that the Petitioner is entitled to an advance from the Smith Barney - 3 - F~B_FHIL~~RC~C-G~OUP 0310- 000<.\ - .:' 0102063<.\3 03-Z5-96 031000037 ""J ..,~!1~;~ . ....., ..... "1')10'-) ....~".../11....'") .\.1,.,,,,- ...... eB/JS."9St.....J 6...... I, .. .'j"..' ..'. .... ~ ~ .;.~ .:.....: :~ ~ i .-'.::lI-! i .:::.:-: .:.~:-. ,,:...... ~ ..'.-. ., en ::> 11\ .-l \ c I. M , B 0 0 0 ::: 0 ~ - ::: ~- ~.. ., . t_ ~ .- ~ c;:) ~.n " ~ 1'1 ~ ~ \Il ~ ~ ;>a . - .- \ ." --'- l"l' c-.. - ,n" .~ - ~, ...:.----" ..".. :nQlqx:;r ,I';' .~~-:.:.. '.::.... .. :.-. ...~. _~ :..~~.r~~,,"~.~.~?:. ~"'.:'" Ao;-'..~-:..~""~;~';'r"'':'.'''.'~:" .. ....;..........-:. . .. ~ " ,.. ~ ~{ .=.. ~ ci ....-.:.":::::.~:.. . ... :..... " ~ -' ~ ~ C": ..:.. CD ::lo:' UJ~? i:~ ~.; (..,(:,-, .- ff-' :2 ," I." f.... -:'j CJ~~-: e' M - or:;. Iff. I .1..... ;.:7- -ILl.: n: ~~iuj CC:L p. !.l'~ t\... t- -<: ...~: U- ee ~ 0 CJ' U . . -. 0:: . lD " 0 " 0 II. . !S . ~ 13 ~ ~ " 0 ~ V C z ;: 0 " '" V . oj 0 " 0 a: ~ . ~ en z :> < 0:: it 0 .. ~ III . III 0 it >- z III 0 a: ::;: :; < :t . . .. ~' Regarding the Smith Barney Portfolio account #138-11751-14- 089 the Plaintiff, Louis J. Capozzi, Jr. shall b~ permitted to withdraw the sum of $5,500 per month from this account. These monthly funds withdrawn from the account shall be used as follows: 1. Defendant shall make the monthly mortgage payment on the marital residence located at 333 East Meadow Drive, Mechanicsburg, Pennsylvania in the amount of $2,032. 2. Defendant shall pay the telephone bill for the marital residence. 3. Defendant shall pay the gas and electric bill for the marital residence. 4. Defendant shall pay the water bill for the marital residence. 5. Defendant shall pay the sewer bill for the marital residence. 6. Defendant shall pay the trash bill for said residence. 7. Defendant shall pay the car insurance for both parties in the approximate amount of $150 per month. Defendant shall transfer to Plaintiff $1,500 cash per month. After paying and/or transferring the above liabilities and payments, the Defendant shall use the remainder of the $5,500 per month withdrawal to pay his own personal expenses. Defendant shall provide Plaintiff with copies of monthly MEYERS. DUfOll ..0 NORTH SECONO STREET . POBOX '062 . HARRISBURG. PA 17108 11111236-90128 . FAX 1717123&.2817 Regarding the Smith Barney Portfolio account #138-11751-14- 089 the Plaintiff, Louis J. Capozzi, Jr. shall be permitted to withdraw the sum of $5,500 per month from this account. These monthly funds withdrawn from the account shall be used as follows: 1. Defendant shall make the monthly mortgage payment on the marital residence located at 333 East Meadow Drive, Mechanicsburg, Pennsylvania in the amount of $2,032. 2. Defendant shall pay the telephone bill for the marital residence. 3. Defendant shall pay the gas and electric bill for the marital residence. 4. Defendant shall pay the water bill for the marital residence. 5. Defendant shall pay the sewer bill for the marital residence. 6. Defendant shall pay the trash bill for said residence. 7. Defendant shall pay the car insurance for both parties in the approximate amount of $150 per month. Defendant shall transfer to Plaintiff $1,500 cash per month. After paying and/or transferring the above liabilities and payments, the Defendant shall use the remainder of the $5,500 per month withdrawal to pay his own personal expenses. I II " I: II Defendant shall provide Plaintiff with copies of monthly MEYERS. OESFOA 410 NORTtt SECOND STREET . POBOX 1062 . HARRISBURG. PA 11103 1111123&9428 . FAX 17111236.2811 -" Regarding the Smith Barney Portfolio account #138-11751-14- 089 the Plaintiff, Louis J. capozzi, Jr, shall be permitted to withdraw the sum of $5,500 per month from this account. These monthly funds withdrawn from the account shall be used as follows: 1. Defendant shall make the monthly mortgage payment on the marital residence located at 333 East Meadow Drive, Mechanicsburg, Pennsylvania in the amount of $2,032. 2. Defendant shall pay the telephone bill for the marital residence. 3. Defendant shall pay the gas and electric bill for the marital residence. 4. Defendant shall pay the water bill for the marital residence. 5. Defendant shall pay the sewer bill for the marital residence. 6. Defendant shall pay the trash bill for said residence. 7. Defendant shall pay the car insurance for both parties in the approximate amount of $150 per month. Defendant shall transfer to Plaintiff $1,500 cash per month. After paying and/or transferring the above liabilities and payments, the Defendant shall use the remainder of the $5,500 per month withdrawal to pay his own personal expenses. Defendant shall provide Plaintiff with copies of monthly I , II " " I, II I' MEYERS" DESFOR 410 NORTH SECO~~O STREET . P' 0 OOX 1061 . HARRISBURG. PA 17108 11111136-9428 . FA,)( 1717123&2811 Regarding the Smith Barney Portfolio account #138-11751-14- 089 the Plaintiff, Louis J. Capozzi, Jr. shall be permitted to withdraw the sum of $5,500 per month from this account. These monthly funds withdrawn from the account shall be used as follows: 1. Defendant shall make the monthly mortgage payment on the marital residence located at 333 East Meadow Drive, Mechanicsburg, Pennsylvania in the amount of $2,032. 2. Defendant shall pay the telephone bill for the marital residence. 3. Defendant shall pay the gas and electric bill for the marital residence. 4. Defendant shall pay the water bill for the marital residence. 5. Defendant shall pay the sewer bill for the marital residence. 6. Defendant shall pay the trash bill for said residence. I' ,I Ii Ii I' , I: 7. Defendant shall pay the car insurance for both parties in the approximate amount of $150 per month. Defendant shall transfer to Plaintiff $1,500 cash per month. After paying and/or transferring the above liabilities and payments, the Defendant shall use the remainder of the $5,500 per month withdrawal to pay his own personal expenses. Defendant shall provide Plaintiff with copies of monthly MEYERS" DESFOR 410 NORTH SECOND STAEET . PO BOX 1062 . UARRISBUAG. 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