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HomeMy WebLinkAbout97-03059 + xs r SIN { h v i Jr ny iv F r 'Zi r err. THOMAS A. DEMPSEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 97 - 3059 CIVIL NOREEN P. DEMPSEY, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 6th day of , 2000, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on December 12, 2000, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, cc: Wayne F. Shade Attorney for Plaintiff Hubert X. Gilroy Attorney for Defendant J. a?? PCNNSYL./uNllA G THOMAS A. DEMPSEY, Plaintiff Vs. NOREEN P. DEMPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 3059 CIVIL IN DIVORCE THE MASTER: Today is Tuesday, December 12, 2000. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Thomas A. Dempsey, and his counsel Wayne F. Shade, and the Defendant, Noreen P. Dempsey, and her counsel Hubert X. Gilroy. The action was commenced by the filing of a complaint in divorce on June 9, 1997, raising grounds for divorce of irretrievable breakdown of the marriage. Husband filed an affidavit and wavier with the Prothonotary on September 19, 2000; wife filed an affidavit and waiver today, December 12, 2000. The divorce can, therefore, be concluded under Section 3301(c) of the Domestic Relations Code. The Defendant filed a petition raising economic claims on August 19, 1999. The claims raised were equitable distribution, alimony, and counsel fees and costs. The parties were married on July 5, 1980, and are the natural parents of three children. After an appearance here on September 7, 2000, the parties placed a partial agreement on the record with respect to the numerator on the coverture fraction and agreed the parties separated in September 1997. The Master has been advised that the parties have reached a comprehensive agreement on the remaining economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, when the parties leave the hearing room today, they will be bound by the terms of the agreement, whether or not they have subsequently signed the document affirming the terms of settlement, as placed on the record. The parties will return later today to review the draft of the agreement and make correction of typographical errors and then affix their signatures affirming the terms of settlement. Part of the agreement will involve a trust of insurance for the benefit of the parties' children. Mr. Shade has indicated he may have a draft of the trust document available this afternoon when the parties return, for review by Mr. Gilroy. If he does not, however, the trust document will be subsequently prepared and reviewed and will be addressed by Mr. Shade as to its terms generally in the agreement. The Master understands that if the parties ultimately cannot agree to the details of the trust, that they will leave it up to the Court to set the specific terms. After the Master has been provided a completed agreement, which includes the trust document, he will prepare an order vacating his appointment and counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Shade. MR. SHADE: 1. Husband will be awarded the oriental carpets in his possession, his ReliaStar life insurance policy, the IRA account in his name, and the Geo Metro automobile. 2. Wife will be awarded all other marital property with the exception of husband's United States Army pension. 3. The numerator of the coverture fraction with respect to husband's pension will be 17.17. 4. If wife elects the survivor benefit in connection with husband's pension, the cost of the survivor benefit will be deducted from the monthly benefit prior to the division of the pension. 5. Wife is awarded 608 of the coverture portion of husband's pension as reduced by the cost of any survivor benefit. 6. Husband will assume the obligation for payment of the balances of any marital debt which are reflected in Plaintiff's Exhibit No. 11, the original of which is attached hereto and incorporated herein by reference as fully set forth. 7. If wife elects to purchase a residence in Cumberland County, Pennsylvania, or any of the counties which border Cumberland County, before the daughter of the parties is graduated from high school, husband will pay into escrow with counsel for husband, upon presentation of a fully executed copy of an agreement of sale, the sum of $4,500.00 to be presented at closing on the purchase of the real estate as the funds of wife. 8. If wife moves from any dwelling that she purchases under the provisions of item seven above before the daughter of the parties is graduated from high school, she will refund to husband the sum of $4,500.00, so long as husband has not previously relocated outside the Commonwealth of Pennsylvania. 9. The existing spousal support award in the amount of $779.09 shall be converted to alimony payable through the Domestic Relations Office. Alimony is modifiable in the event of a substantial change in circumstances. Alimony is terminable in the event of the death, remarriage, or cohabitation of wife with an adult male who is not related to her within the degrees of consanquinity. 10. Husband will maintain the existing SGLI life insurance policy on his life in the face amount of $200,000.00 until Michael is graduated from high school. The beneficiary of that policy will be designated as a life insurance trust for the benefit of all three children of the parties until Michael is graduated from high school. 11. All other marital claims are waived. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SHADE: Colonel Dempsey, you have been present here today throughout the introductory provisions of this order by the Master and throughout my statement on the record of the agreement of the parties. Have you heard everything that has been stated in that respect? COLONEL DEMPSEY: Yes, I have. MR. SHADE: And are you in agreement with everything that has been stated? COLONEL DEMPSEY: Yes, I am. MR. SHADE: And do you acknowledge this agreement fully, freely, and voluntarily with the benefit of my advice? COLONEL DEMPSEY: Yes, I do. MR. GILROY: Noreen, you've been here while Mr. Shade read the details of the agreement; is that correct? MS. DEMPSEY: Yes. MR. GILROY: And you've had an opportunity to review that agreement with me in private conference prior to these proceedings? MS. DEMPSEY: Yes. MR. GILROY: And are you satisfied with the agreement and the information and advice you have received so far? MS. DEMPSEY: Yes, I am. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Wayne F. Shade Thomas A empsey Attorney for Plaintiff ,)GY (v « 0U L +,-, , 00empsey V Hubert X. G' roy Noreen P. D Attorney for Defendant MARITAL DEBT PNC Bank bill consolidation loan principal $11,000 PNC Bank bill consolidation loan interest 1,600 42 months Geo Metro loan at $212.48 per month 8,900 USAA Mastercard principal 4,000 USAA Mastercard interest 1,200 AAFES $44 TOTAL $27,500 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ,•_ Wig '.. THOMAS A. DEMPSEY. Plaintiff N O. 97-3059 CIVIL _ VERSUS NOREEN P. DEMPSEY, DECREE IN DIVORCE ? S? Z31 AND NOW, 2 IT IS ORDERED AND DECREED THAT THOMAS A. DEMPSEY , PLAINTIFF, AND _. NOREEN P. DEMPSEY ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; None ONOTARY 1 J 1 `? r ?ti is .?. ? c?r,-?- ?? ?u?? ?- ??'-?? THOMAS A. DEMPSEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NOREEN P. DEMPSEY, Defendant NO. 97-3059 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. The date and manner of service of the Complaint were June 11, 1997, by certified United States mail, return receipt requested. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree under §3301(c) of the Divorce Code by Plaintiff was September 7, 2000, and by Defendant was December 12, 2000. 4. Related claims pending: None. WAYNE F. SHADE Attorney at law 53 West Pomfret Street Carlisle, Penmylvania 17013 Date: December 15, 2000 Wayn . Shade Attorney for Plaintiff ¦ m C is C7 ...? THOMAS A. DEMPSEY, Plaintiff V. NOREEN P. DEMPSEY, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW NO. 97- JOS? CIVIL TERM IN DIVORCE Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 WAYNE F. SHADE Armory u lAw 53 wet Pomfmt Sorel Caulk. Pm ylvftdz 17013 Wayne/F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff THOMAS A. DEMPSEY, Plaintiff V. NOREEN P. DEMPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97- 20&9 CIVIL TERM IN DIVORCE COMPLAINT 1. Plaintiff in this Action in Divorce is THOMAS A. DEMPSEY, an adult individual who resides at 1886 Mary Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is NOREEN P. DEMPSEY, an adult individual and citizen of the United States of America who resides at 1886 Mary Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant has been a bona fide resident of County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. 4. Plaintiff and Defendant were lawfully joined in marriage on July 5, 1980, in Whittier, California. 5. The parties have been living separate and apart since April WAYNC F. SHADE Atmmcy u Vv S) Wcct Pwdmt ama CuOck. Pm ylv" 17013 1, 1996. 6. Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. Both parties to this Action in Divorce are legally capable of managing their own concerns. 9. Defendant herein is not a member of the armed forces of the United States of America. 10. There were three children born to the parties, namely, Patrick Joel Dempsey, born February 28, 1982, Siobhan Christine Dempsey, born January 17, 1987, and Michael Shane Dempsey, born July 9, 1992. 11. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WAYNE F. SHADE AUMM7 n Env 53 Wen Pmfrn Sues Culuk. PkmyNmk 17013 -2- WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHAD ARM" at tAW 55 Wet P mfrd Sued CuWk, PM"IVAnk 17017 -3- WAYNE F. SHADE Mormy M VM 57 WW Pamhct 3trtd C"USIC, P=gly" 17013 I verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: June 9, 1997 1 Thomas A. Dem i= Q ILA C L^, V T!. I 0 vJ THOMAS A. DEMPSEY, Plaintiff V. NOREEN P. DEMPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-3059 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) Code with Notice of Availability of Counseling was filed on June 9, 1997, and served on June 11, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a Final Decree of Divorce without notice. 4. I understand that I may lose rights concerning alimony, WAYNE F. SHADE Ammey n" 53 West Pm f t Sues CAT WIC, PemrylvuWia 17013 division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (Decree is entered by the Court and that a copy of the Decree will I understand that I will not be divorced until a Divorce The sent to me immediately after it is filed with the Prothonotary. 6. I have been advised of the availability of marriage (counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I lparticipate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. 9. I verify that the statements made in this Affidavit are true WAme F. SHADE Aumn u IA 57 Waa P mf_t sual CuliWk. 14?mrytj, 17013 and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: September 7, 2000 5. Thomas A. Dempsey vk [~ ... ?? i ? t : . 11f1 a : } ?.. .l ". ?. .. ? _ _` ? ? C ? ? J3 'f -? L. ???. ? ? ?" 4) V _1 2f ?f sue.,`. 1 Q J ?'S . ' Y } jr E?1, ? ? .. '? 1` a a: , + x??. ?,? S"?C tl? ?? ? a 4 ? ? .T. r rr01(c).rot THOMAS A. DEMPSEY, Plaintiff v NOREEN P. DEMPSEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 97 - 3059 CIVIL TERM : IN DIVORCE n f.' i_ n 0 ?l •C"7 N 67 c r. DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on June 9, 1997. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about June 12, 1997. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: lababO Noreen Dempsey/Defendant THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 97-3059 CIVIL TERM NOREEN P. DEMPSEY, Defendant IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counteraffidavit within twenty (20) days alter this Affidavit has been served on you or the statements will be admitted. ' IT S A PLAINTIFF FFIDAV SECTION 3301 (d) OF THE DIVORCE CODE The parties to this action separated on or about April 1, 1996, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. WAYNI-. F. SHADE AHOMey *t 1A W 53 West P mfmt Stseet cuhsle, Pwnsylnnia 17013 I verify that the statements made in this Affidavit arc true and correct. 1 WAYNE F. SHADE understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: April 6, 1999 Attorney a L" Sl Wat Pomfret Sttea Cwhile. Penmylw a 17013 11 1* L; C wS N J f c> :' to ?U m v THOMAS A. DEMPSEY, Plaintiff v NOREEN P. DEMPSEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-3059 CIVIL TERM IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE The parties to this action were not separated on April 1, 1996 as suggested in the Plaintiff s affidavit under §3301(d) of the Divorce Code. On the contrary, the parties started living separate lives as of July 20, 1997 or, in the alternative, as of June 9, 1997. Furthermore, the parties did not start to live separate and apart until February 1, 1998. 2 property 1 wish to claim economic relief which may include alimony, pdivisieon, lawyer's fees or expenses and other important rights. I understand that in addition to Paragraph 2 above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the notice of Intention to request a divorce decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18Pa.C.S. §4904 relating to unsworn falsification to authorities. Ll? i?ZVY-csNoreen P. Dempseyd F= cn _ sa a o m U i THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. NO. 97-3059 CIVIL TERM NOREEN P. DEMPSEY, Defendant IN DIVORCE AFFIDAVIT OF SERVICE WAYNE F. SHADE, ESQUIRE, certifies that he is counsel for Plaintiff in the above-captioned matter, that he did, on June 10, 1997, serve the Complaint in the above- captioned matter upon Defendant by certified United States mail, postage prepaid, return receipt requested, addressee only, and that the same was received by Defendant on June 11, 1997, as evidenced by the return receipt card attached hereto bearing Certified No. Z 321 765 684. It is understood that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: December 13, 2000 Wayne "P. Shade WAYNE F. SHADE Attorney at law SJ West Parallel Street Carlisle, Pnnst6anu 17013 Z 32L 765 684 Receipt for Certified Mail No Insurance Coverage Provided ,may Do not use for International Mail ISee Reverse) I O 00 IL IL SMI 10 Noreen P- npmpBg x- ':Ut"'Mary Lane P ir"Ie 'siPe". Car PA 17013 ftmay. $ .55 CwmwU F. 1. $pKrl D.Yypt•fw.? R.r DO 2.75 w caner. 1.10 1. R em •q 1011 r 1 .n ACOim OUr 1 Or P. ee ^ tm treat at ti a on 11 rl. . om 1\} J, t THOMAS A. DEMPSEY, Plaintiff v NOREEN P. DEMPSEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-3059 CIVIL TERM : IN DIVORCE PETITION TO RAISE ECONOMIC CLAIMS Defendant, Noreen P. Dempsey, hereby raises the following economic claims in connection with the divorce action above: 1 The parties possess various items of personal property which are considered marital property and which are subject to equitable distribution. Defendant Noreen P. Dempsey desires the court to consider equitably dividing the parties marital property in the above divorce action. 2 Defendant Noreen P. Dempsey has incurred legal fees in the defense of the above captioned divorce action. Defendant Noreen P. Dempsey requests the court to consider awarding her legal fees in the resolution of the divorce action above. 3 Defendant Noreen P. Dempsey is entitled to alimony after a divorce decree is entered, and Defendant requests the court to consider awarding her alimony in the above divorce action. 4 Defendant Noreen P. Dempsey may Incur costs in connection with appraisal expenses and other costs in connection with the divorce action, and Defendant requests the court to consider awarding these costs to her in the ultimate resolution of the divorce action. WHEREFORE, Defendant requests that the above issues be addressed by the court in the divorce action pending In this case. Respectfully submitted, he? Hu . Gilroy, Esq. Attorney for Defendant Brou)os & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 d uw? N U?) A: 04 L Li: CZ 0 ON rn 0 .L- , a Q a Oe TO c- U ?u ?vi c'? V ? oaG THOMAS A. DEMPSEY, Plaintiff V. NOREEN P. DEMPSEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 97-3059 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff THOMAS A. DEMPSEY moves the Court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees ( ) Alimony Pendente Lite (X) Costs and Expenses and in support of the Motion states: I. Discovery is complete as to the claim(s) for which the appointment of a Master is requested; 2. The Defendant has appeared in the action personally by her attorney, Hubert X. Gilroy, Esquire; 3. The statutory ground for divorce is irretrievable breakdown. 4. The action is contested with respect to divorce, alimony, distribution of property, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact; and WAYNE F. SMDr.. Ammwy at law 33 West Pum0e1 SUM CuLsle. Pe"ItA in 17013 6. The hearing is expected to take one day. Date: August 23, 1999 WayndF. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE E SHADE Anomey at Lw 33 Wal Pomfret SIMI Culisle, Pennsyhmia 17013 distribution of property, counsel fees, costs and expenses. ORDER APPOINTING MASTER AND NO!qd4 023 , 19999 E. Robert Elicker, II, Esquire, is appointed Master it r pect to the fol owing claims: Divorce, alimony, 41 By the Court, FLED-' `Ilt,' 99 AUh 2:, mill ' ? 9 CUtl ' PENrlS(LVNN A r wr? iv r r ? c nn . I C d U - _ THOMAS A. DEMPSEY, v NOREEN P. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA t CIVIL DIVISION - LAW NO. 97-3059 Defendant IN DIVORCE COURT ORDER AND NOW, this v? day of 1997, upon consideration of the attached Petition for award of attorney's fees, a hearing is scheduled in Courtroom No. 3 of the Cumberland County Courthouse on the 3,id day of 2/t4 , 1997 at V LJt1 ?:m. at which time testimony on this Petition shall be heard. cc: Hubert X. Gilroy, Esquire Attorney for Defendant Noreen P. Dempsey Wayne F. Shade, Esquire d 4,A21'" 'c ,0/30/97 C 1A. - .,d . 1F . b, BY THE COURT.. I THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW NOREEN P. DEMPSEY, NO. 97-3059 Defendant IN DIVORCE PETITION FOR ATTORNEY'S FEES Petitioner, Noreen P. Dempsey, by her attorneys, Broujos 6 Gilroy, P.C., sets forth the following: 1 Petitioner is Noreen P. Dempsey who is the Defendant in the above divorce action. Respondent is Thomas A. Dempsey who is the Plaintiff in the above divorce action. 2 Respondent filed a divorce complaint against Petitioner on June 9, 1997. 3 Petitioner is unemployed and without assets to pay her counsel fees. 4 Respondent is in possession of various items of marital property and has sufficient assets to retain his own counsel and, at the same time, to assist Petitioner in payment of her attorney's fees. WHEREFORE, Petitioner request that the court direct that the Respondent be ordered to pay Petitioner's attorney's fees in the divorce action. Respectfully submitted, Broujos & ilroy, P.C. 4 North H hover Street Carlisle, PA 17013 717-243-4574 11 1 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. Ate, / • 004X ? Noreen P. Dempsey to f; n+ ,. i ? "' f-- - ra - .`. , r c,_ i ? ?.: `; U ? '- , : • . < : -) . .-? i. ?? C._? . V r' L:` (..) B ROUJOS & CILROY r c t , .. -'ATTORNEYS AT., L ` ` ' . AW •. 4 NORTH HANOVER STRBET r cARLLSLE, PB N NSYW ANIA 17013 ?? ?e n CL 1690 ;.717'243.574 766 # to us a S 5 . 3 l THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLE&F Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 97-3059 CIVIL TERM NOREEN P. DEMPSEY, Defendant : IN DIVORCE PRE-HEARING STATEMENT OF DEFENDANT NOREEN P. DEMPSEY Defendant, Noreen P. Dempsey, by her attorneys, Brou)os 8r Gilroy, P.C., sets forth the following in accordance with Pennsylvania Rule Civil Procedure 1920.33: Noreen P. Dempsey (Noreen) is fifty-one years of age having been born on ]une 29, 1948. Noreen married Thomas A. Dempsey (Thomas) on ]uly 5, 1980. Thomas is forty-six years old having been born on ]une 30, 1953. 2 The parties are the parents of three children: Patrick ]oel Dempsey, age 17, born February 28, 1982; Siobhan Christine Dempsey, age 12, born ]anuary 17, 1987; and Michael Shane Dempsey, age 7, born July 9, 1992. The three children are in the custody of the Mother, Noreen Dempsey. The Father is currently paying support at a monthly figure of $2,488.49, allocated $1,594.60 for child support for three children, $277.39 for private school and $616.50 for spousal support. Patrick attends Trinity High School and the younger two children attend St. Patrick's. 3 Noreen has a Bachelor's degree in history and political science. Prior to marriage, she was a high school history teacher. After marriage, Noreen did not work outside of the home. Noreen asserts that date of separation took place on )uly 20, 1997. After that time, Noreen explored work opportunities and started working as a teacher at St. Patrick's school in Carlisle. She started as a substitute for the 1997/1998 school year. She has been full time since August of 1998. Her salary is approximately $21,700.00. 4 Noreen lives in a rented home with the three minor children. 5 Thomas is a Colonel in the U.S. Army. He is currently stationed at the Carlisle Barricks. Thomas's annual income is approximately $90,000.00. b Noreen's general health is fine except for night blindness. Thomas's general health is fine. 7 Defendant wife does not have all necessary information to provide information relating to marital assets (see letter of September 28, 1999 sent to Attorney Shade). This information should be provided shortly. The primary marital asset is the military pension. Thomas was in the military approximately five years prior to marriage so there must be some type of coverture fraction worked out in order to determine the marital property portion of the pension. Wife has not received updated detailed information concerning Husband's pension account. Husband has suggested in prior correspondence through his attorney that there may be some other issues on marital property relating to some miscellaneous items of personal property within the home at time of separation. There was some joint debt at separation which has been assumed. 8 Wife does not anticipate the need of any expert witnesses with respect to the testimony in this case. 9 On the marital misconduct issue, Wife asserts that Husband had numerous extra-marital affairs during the course of the marriage. Wife requests that Husband stipulate to that fact for purposes of the Master's hearing and it's relevancy with respect to the alimony issue. With such stipulation, there would be no further testimony on marital misconduct. 10 A copy of an expense statement for the Defendant wife is attached to this pre-trial statement. Wife seeks an award of counsel fees. Based upon Wife's current economic situation, she has not been able to fully pay her attorney. Attorneys fees incurred to date are $5,151.25. Fees are being billed at $125.00 an hour with additional fees to be incurred with preparation for the hearing and handling the Master's Hearing. An Itemization of Mrs. Dempsey's account will be presented at the hearing. 12 There is also a life insurance policy in Colonel Dempsey's name which Is owned by him which has an estimated cash value of $20,000.00. 13 The primary issues that need to be resolved by the Master are as follows: A. Distribution of military pension. B. Award of alimony. C. Award of counsel fees. D. Distribution of the miscellaneous property and insurance. Respectfully submitted, l p Hubert X. Gilroy sq. Attorney for Defendant Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 INCOME AND EXPENSE STATEMENT OF SSN 10.2 . Q - 65/6 DR# DATE 1111011q. THIS STATEMENT MUST BE FILLED OUT (If you are self-employed or it you are salaried by a business of which you are owner in whole or In part, you must also fill out the Supplemental Income Statement which appears on the last page of this Income and Expense Statement.) INCOME (a) Wages/Salary Employer & Address 2. P-drick School 7 Job TitlelDescriptlon 70-tubek- 061`12` Pay Period (weekly, bi-weekly, monthly) - '' Gross Pay per Pay Period ...Y..3k.31 .............................. I... Payroll Deductions: Federal Withholding ..................$ ??• ?? Social Security ...........................$", N? Local Wage Tax ..........................$ State Income-Tax .......................$ 3. f Retirement ..................................$ 'a i fir? Health Insurance Other (specify) ... ......................... $ ........................$ 01-01 Net Pay per Pay Period .......................(v `/r.. ................................................................................. $ (b) Other Income Unemployment Compensation Workmen's Compensation ...... Week InterestlDividends ......................$ Pension/Annuity .........................$ Social Security .... .......................$ Rents/Royalties ... .......................$ Expense Account .......................$ Gills ...................... .......................$ Total, Other Income Month Year S $ S $ $ S $ INCOME" AND EXPENSE STATEMENT OF AloAe9V /uOIAAI 1,?(2irr/ c/ 1 verily that the statements made In this Income and Expense State• ment are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn IalsflinqwOllon to suthorlllesn Date: N ?1n.. 'PIam1111 orA-/D9elelooa-ooel EXPENSES Home Mortgage/Rent ........................................ Maintenance ........................................... Utilities (telephone, healing electric, etc.) ........................................ Employment (transportation, lunches) ............................................... Taxes Real Estate .............................................. Personal Property ................................... Income ..................................................... Insurance Homeowners ...A3iNiC? ........................ Automobile .............................................. LifelAccidenllHealth .............................. Other ........................................................ Automobile (payments, fuel, repairs) ................................................. Medical Doctor, Dentist, Orthodontist ................ Hospital ................................................... Special (glasses, braces, etc.) ............... Education Private, Parochial School ....................... College ..................................................... Personal Clothing ................................................... Food ......................................................... Other (household supplies, barber, etc.) .......................................... Credit payments and loans .................... Miscellaneous Household helpichild care ..................... Entertainment (inc. papers, books, vacation, pay TV, etc.) ............ Gifts/Charitable contributions .............. Legal Fees ............................................... Other child supportlalimony payments ............................................. Other (specify)...itl(.llilC..c.!o?.h14?! ..... frilc ae' Total Expenses Household Child Household Child Week Week Month Month $ S $ 1?'5 $ S $$ ?'' jj- $ $ $ $ m AL SAL S S S S-_ S S S S S S S S S S I . '21 S $ $ t Qt'?u??.krh. ta7C S S $ $ - $ S $ la 121 $ j $ $ $ Ri.ts S_ - S $ $ $ S_ S -- S $ S S _ $ $ (+a' $ $ $ $ 50 <((? r?F ?{ $ $ $ < 5) Flu ) (rjlhS?Aj) $ .b3 am6 nA ;L- $ $ $ $ S S S S S _T S $ ?hU $ $ 975 $ $ $ -.??yy?? Qw+'htr S? S $ ?+1 S $ $ $ S ?ri+15 S S S $ $ $ $ $ [07. DU $ $ $ Ste- $ $ S S S S $ ' $ S S S $ $ lP" PROPERTY OWNED r Description Checking Accounts ........ ??ofk Fe,lw LI Savings Accounts ........... 010'71ci41W S /u n Credit Union .................... Stocks/Bonds ................. .................. m ??i I F Lie Real Estate ...................... ...................... Other ................................ ? ?ieAif±menl^ ?td:nb IItYt ............................... I KA - Total, Property INSURANCE Hospital ................ Tw. Company Medical " -rru Health/Accident .............. Disability Income ............ Other (dental, etc.) .......... + ('H -Husband, W- Wife, J -Joint, C -Child) Value $ S S S S 500 $ 13r.1v S S S od 6110,7 F4. g h Policy No. 5va-aycUit' Ownership' H W - -X Coverage' H W C ity -?(v7.?(cLi?,'02- - - SUPPLEMENTAL INCOME STATEMENT A. This form must be filled out by a person who (check one): - (1) operates a business or practices a profession; or - (2) Is a member of a partnership or joint venture; or (3) Is a shareholder in and Is salaried by a closed corporation or similar entity. 8. Attach to this statement a copy of the following documents relating to the business, profession, partnership, joint venture, corporation or similar entity. (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. C. Name and Address of business: Telephone Number D. Name and Address (if different than C) of accountant, controller or other person In charge of financial records: E. (1) Annual Income from business ............................................................................................. S- ---.. (2) How often Is income received? ............................................................................................ $ (3) Gross Income per pay period ............................................................................................... $ (4) Net Income per pay period ................................................................................................... $ (5) Specific deductions it any .................................................................................................... $ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION NOREEN N. DEMPSEY ) Dacket Number 97-3059 Plaintiff ) VS. ) PACSES Case Number 964100002 THOMAS A. DEMPSEY ) !I Defendant ) Other State ID Number -7 0/& CONSENT ORDER AND NOW, to wit on this 14TH DAY OF JANUARY, 1998 IT IS HEREBY ORDERED that the ? Complaint for Support or ? Petition to Modify or ® Other PETITION FOR APL filed on OCTOBER 23, 1997 in the above captioned matter is dismissed without prejudice due to: Defendant is paying spousal support. ? The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner, if filed within one year from date hereof. Consented: Date Plaintiff Signature O A Date DRO: R.J. Shadday cc: plaintiff and defendant cc: Hubert X. Gilroy, Esq. rno.S cc: Wayne F. Shade, Esq. per', Service Type M V Ajisl98 Defendant Signature BY THE COURT: ICD m L-ell Edgar B. B "y, JUDGE Form OE-505 worker ID 21201 0 i - t WAYNE F. SHADE ATTORNEY AT LAW 33 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013 (717) 243-0220 (900) 243-0220 FAX (717) 249-0017 January 25, 2000 Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 Re: Dempsey v. Dempsey Dear Hubert: Thank you very much for your letter of January 24, 2000, indicating your concurrence with our request for rescheduling of the pre-hearing conference in the above matter for May 26, 2000, at 9:30 A.M. In the meantime, we are working on gathering the information which you requested in your letter of January 12, 2000. Very truly yours, Wayne F. Shade WFS/cjt cc: E. Robert Elicker, II, Esquire Col. Thomas A. Dempsey BROUJOS & GILROY, P. c. ATTORNEYS AT LAW JOHN H. BROUJOS HUBERT X CILROY 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 2434574 FACSIMILE: (717)243.8227 INTERNET: b rgIIroypc®a ol.com May 18, 2000 E. Robert Elicker, Esquire Divorce Master Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Dempsey v Dempsey Dear Bob: NON-TOLL TOR HARRLSEURG AREA 717-766.1690 Thank you for agreeing to change the time of the pre-hearing conference in the above matter to 8:45 next Friday morning. Wayne Shade is aware of this change in time and I am copying him with this letter. I am not bringing Mrs. Dempsey to the pre-hearing conference. I have advised Wayne of my intentions. My hope is that we can have a pre-hearing conference to address a few issues and get the necessary hearings scheduled and move on at that point. Although Wayne's pre-hearing memorandum suggests there are a variety of miscellaneous personal property issues involved, I believe this case hinges on the following major issues: 1. Distribution of military pension. 2. Award of alimony. 3. Insurance coverage and survivor benefits. 4. Attorneys fees. )rys,C x ri? E. Robert Elicker, Esquire May 18, 2000 Page 2 The pre-hearing memorandums suggest two different dates of separation, Wayne is suggesting April of 1996 and we are suggesting July of 1997. If your procedures are still to schedule a separate hearing on that issue, we may need to discuss that item. Our position is that this is clearly an alimony case. We have some claims of marital misconduct. However, I would like imput from you at the pre-hearing conference with respect to your thoughts on what impact any marital misconduct testimony would have on the amount and duration of any alimony that may be awarded. Based upon your preliminary evaluation, Mrs. Dempsey may determine that it Is not worth the financial cost and emotional expense to proceed with a separate hearing on marital misconduct. I will see you next Friday. Sincerely yours, Hubert X. Gilroy dch cc: Wayne F. Shade, Esquire BROWS & GILROY, P.c. ATTORNEYS AT LAW JOHN H. BROWS 4 NORTH HANOVER STREET HUBSBT X. GILROY CARLISLE, PENNSYLVANIA 17013 November 12, 1999 E. Robert Elicker,11, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Dempsey v Dempsey Dear Bob: Enclosed is our Pre-Trial Statement in the above matter. Sincerely yours, Hubert X. Gilroy dch Enclosure TELEPHONE: (717) 243.4574 FAcsIMILE: (717) 243.8227 INrERNEr. b rgllroypc6lsol.com NON-TOLL FOR HARRISBURG AREA 717.766.1690 BROUJOS & GILROY, r. c. ATTORNEYS AT LAW JOHN H. BROUIOB 4 NORTH HANOVER STREET HUBERr X. GILROr. CARLISLE, PENNSYLVANIA 17013 (COPY Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Re: Dempsey Dear Wayne: November 3, 1999 TELENIONE: (717) 243-4574 FACSIMILE: (717) 243.8227 INTERNET:br81IfOYPC A01.C0m NON-TOLL FOR HARRISBURG AREA 717.766.1690 In addition to the information requested in my September 281' letter, please provide me with detailed documentation relating to the insurance policy titled in Mr. Dempsey's name. We would like present cash value, death benefit, named beneficiary and a copy of the policy. Sincerely yours, dch ?A? Hubert X. Gilroy cc: E. Robert Elicker, II, Esquire Noreen Dempsey WAYNE F. SHADE A7TORNIN AT I.AW 53 Misr POMFRET STRI43 CARLISLE. PENNSYLVANIA 17013 (717) 247-0220 (600) 247-0220 PAX (717) 249-0017 August 30, 1999 E. Robert Elicker, 11, Esquire 9 North Hanover Street Carlisle, Pennsylvania 17013 Re: Dempsey v. Dempsey No. 97-3059 Civil Dear Mr. Elicker: We are not aware of the need for any discovery in the above matter. Therefore, we enclose our certification that, from our perspective, discovery is complete. Very truly yours, J?? r Wayn F. Shade WFS/cjt Enclosure cc: Hubert X. Gilroy, Esquire BROUJOS 8 GILROY, P.c. ATTORNEYS AT LAW JOHN H. BROUJOS 4 NORTH IIANOVER STREET 717-243.4574 HUDERTX.GILROY CARLISLE, PENNSYLVANIA 17013 NON-TOLL FOR HARRISBURGAREA: 717.780-1000 FAX,243-8227 December 1, 1997 The Honorable George E. Hoffer Cumberland County Court House One Court House Square Carlisle, PA 17013 ATTN: Sandy Re: Dempsey r Dempsey Dear Sandy: Pursuant to an agreement we have reached with attorney Wayne Shade who is representing Mr. Dempsey in the above case, we no longer require the Attorney's Fees Hearing which is scheduled before Judge Hoffer at 10:00 a.m. on Wednesday, December 3. Yours Sincer , Hubert X. Gilroy wkh cc: Wayne F. Shade, Esquire Mrs. Noreen Dempsey BROUJOS & GILROY, P.c. ATWRNETS AT t.Aw )aw K mtoUPS 4 NORIx HANOVUt smear TELEPHONE: (717) 243.4.574 FACSIMILE: (717)243.8277 HumtTXGRYAY CARLISLE, PENNSYLVANIA 17013 INrmuacr:brgJIw"c®&oLcom NON-TOLL FOR HARRMURO AREA 717-766.1690 September 28, 1999 Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 RE: Dempsey Dear Wayne: I disagree that discovery is complete in this case. However, my view is that you and I should be able to resolve the discovery issues set forth below informally in such a manner that will not unreasonably delay the scheduling of a hearing by the Master. Please accept this letter as my request for discovery. If you want a more formal set of interrogatories or Request for Production of Documents or the issuance of subpoenas, I will be happy to comply. Our request for discovery is as follow: Copies of all pension plan information received by Col. Dempsey and in his control for his military/pension retirement plan. This request covers docurtentation received for 1999, 1998 and 1997. 2. Copies of all information received by Col. Dempsey or in Col. Dempsey's control relating to the nature of benefits he receives from the military currently and a listing of benefits he will receive upon his separation from the military. 3. A listing of all incomes received by Col. Dempsey, including any reimbursement for expenses or cash payments made to him, for the years 1997, 1998 and 1999. 4. A listing of all checking accounts, savings accounts, CD's, investment accounts or other financial accounts in the name of Col. Dempsey either in his tame alone or in joint names. This request is for accounts Col. Dempsey has owned in 1997, 1998 and 1999. For each account, we request copies of the monthly statements. BROUJOS & GILROY, P .C. ATTORNEYS AT LAW JOHN H. BRoulo6 4 NORTH HANOVER STREET WSW X. GILIOY CARLISLE, PENNSYLVANIA 17013 May 11, 2000 Robert Elicker, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Dempsey v Dempsey Dear Bob: TuEr11oNE: (717) 2434574 FACSIMILE: (717) 243.8227 INrERNtr:br811 roypc®a o1.com NON-TOLL FOR HARRISBURG AREA 717-766-1690 The pre-hearing conference in the above matter is scheduled for 9:30 a.m., Friday, May 26". 1 may be attending the law school graduation that morning. Could we move this conference earlier to may be 8:45 a.m.? Please let me know. Sincerely yours, Hubert X. Gilroy dch cc: Wayne F. Shade, Esquire Noreen Dempsey Waync F. Shade, Esquire September 28, 1999 Page 2 5. A listing of all assets, including automobiles, investments, real estate or other type of assets, that Col. Dempsey has acquired even in his own name or in joint names during 1997, 1998 and 1999. 6. For all of the above, it listing of any accounts or assets that were acquired in any other individuals names but where such asset is being held for the benefit of Col. Dempsey. 7. A listing of all gifts or transfers made to Col. Dempsey from a third person during 1997, 1998 and 1999. Again, my view is that the information requested above can. be provided without any undue burden and the provision of this information should not delay the scheduling of the filing of pre- hearing memorandums. 1 will look forward to hearing from you on these matters. Sincerely yours, Hubert X. Gilroy be ca E. Robert Elicker, II, Esquire 46 OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717)240.6535 E. Robert Elicker, II West Shore Divorce Master 697.0371 Ext. 6535 Traci Jo Colyer Office ManagerlReponer October 6, 1999 Wayne F. Shade, Esquire Hubert X. Gilroy, Esquire 53 West Pomfret Street BROUJOS & GILROY, P.C. Carlisle, PA 17013 4 North Hanover Street Carlisle, PA 17013 RE: Thomas A. Dempsey vs. Noreen P. Dempsey No. 97 - 3059 In Divorce Dear Mr. Shade and Mr. Gilroy: I am in receipt of Mr. Gilroy's letter of September 28, 1999, outlining data and information he needs to prepare the case for trial. To allow Mr. Shade an opportunity to provide the information requested, which can be included in the pretrial statements, I am going to direct that pretrial statements be issued in accordance with P.R.C.P. 1920.33(b) on or before Friday, November 12, 1999. Grounds for divorce are apparently not an issue inasmuch as the parties have been separated for a period in excess of two years according to Plaintiffs affidavit filed under Section 3301(d) on April 15, 1999. Although the complaint filed on June 9, 1997, did not raise any economic claims, the Defendant filed a petition raising claims on August 19, 1999. The claims raised by the petitioner, Noreen P. Dempsey, are equitable distribution, alimony, and counsel fees and expenses. Upon receipt of the pretrial statements, I will immediately schedule a prehearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, lI Divorce Master Mr. Shade and Mr. Gilroy, Attorneys at Law October G, 1999 bake 22 NOTE: Sanctions far failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. N WAYNE F. SHADE ATTORNEY AT LAW 53 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013 (717) 243-0220 (800) 243-0220 FAX (717) 249-0017 September 5, 2000 Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, Pennsylvania 17013 Re: Dempsey v. Dempsey Dear Hubert: The purpose of this letter is to provide you with the courtesy of the information that we have just received that the legal department at USAA will not permit the representative, who has outlined to us the level premium, level benefit term life insurance program, to testify even by telephone. As you may be aware, USAA is a company which does not have agents throughout the country. All of its business is conducted directly from San Antonio, Texas. 1. Obviously, this leaves us with the option of seeking a local agent for any other life insurance which offers the same type of coverage. However, we will not be able to-make those arrangements between now and Thursday morning. Even if we would be able to make those arrangements prior to the hearing, we also have a problem with testimony from the Army personnel office. We issued a Subpoena upon Ms. Derr for Thursday. We have just been informed today that she is being advised by the JAG office to ignore our Subpoena on the basis of various nebulous and facially inapplicable Army regulations. Following are documents which represent Ms. Derr's calculations of Tom's pension benefit and survivor benefit reduction. Presumably, you could confirm the accuracy of those calculations. Please let us know if you have any interest in stipulating to those numbers. Wayne F. Shade, Esquire, to Hubert X. Gilroy, Esquire September 5, 2000 Page 2 Even though these difficulties have just arisen with regard to the evidence involving the survivor benefit election, we would still want to present our evidence on Thursday concerning the date of separation. Very truly yours, 4ell?- Wayne F. Shade WFS/cjt Enclosures cc: Col. Thomas A. Dempsey E. Robert Elicker, II, Esquire THOMAS A. DEMPSEY, Plaintiff VS. NOREEN P. DEMPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97 - 3059CIVIL 19 IN DIVORCE STATUS SHEET DATE: ACTIVITIES: AUGUST 24, 199 SENT COUNSEL THE CERTIFICATION. r' - N K 12 i 'o ?? 'do •?b q: 1 I 7 Ci?I '7'1 0? J U? 0.rYl• 0 - n 61 S 0 rn 9-. f2j?:Z & etAA J 0 e 4 a..?,?,t.-.-?.? . I?..??7~• ? .e..?? ? L ?, tip. V*n . dA Z7? ,- , '1^^Z T-4 c4'.w;.t4 ,?w•• 41** me -- r .- 1 03 .Aim, ..?„r• 61e, zyy ?lG,. y(j el t?vwu,twc{ e^ THOMAS A. DEMPSEY, Plaintiff Vs. NOREEN P. DEMPSEY, Defendant TO: Wayne F. Shade Hubert X. Gilroy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 3059 CIVIL IN DIVORCE , Attorney for Plaintiff , Attorney for Defendant DATE: Wednesday, August 25, 1999 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE NOTE: PRETRIAL DIRECTIVES WILL PRETRIAL STATEMENTS UNTIL DISCOVERY IS COMPLETE, OR DISCRETION. COUNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOT BE ISSUED FOR THE FILING OF COUNSEL HAVE CERTIFIED THAT OTHERWISE AT THE MASTER'S AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. THOMAS A. DEMPSEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 97-3059 CIVIL TERM NOREEN P. DEMPSEY, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Friday, May 26, 2000 Present for the Plaintiff, Thomas A. Dempsey is attorney Wayne F. Shade, and present for the Defendant, Noreen P. Dempsey, is attorney Hubert X. Gilroy. This action was commenced by the filing of a divorce complaint on June 9, 1997, raising grounds for divorce of irretrievable breakdown of the marriage. Although an affidavit under 3301(d) was filed on April 15, 1999, counsel have indicated the parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so the divorce can be concluded under Section 3301(c). On August 19, 1999, the Defendant filed a counter-affidavit and a petition raising economic claims of equitable distribution, alimony, and counsel fees and costs. The parties were married on July 5, 1980, and, according to wife, separated July 20, 1997. Husband, on the other hand, avers the date of separation to be April 1, 1996. The parties are the natural parents of three children. The oldest child is going to graduate in a few days from high school and will be going to Penn State University. The other two children are minors and will remain in the custody of wife. Husband is 46 years of age and resides at 111-B Partridge Circle, Carlisle, Pennsylvania, where he lives alone. Husband has a Bachelor's Degree and a Master's Degree and is a colonel in the United States Army. He is stationed at the War College at the Carlisle Barracks and, according to the computation by the Domestic Relations office, has a net monthly income of $5,050.00. Husband is currently paying child support and spousal support. According to counsels' computations, upon the emancipation of the older child, husband's child support obligation will be $1,465.00 per month, and his spousal support obligation will be $779.00 per month. Husband has not raised any health issues. Wife is 51 years of age and resides at 1886 Mary Drive, Carlisle, Pennsylvania, where she lives with the three children. Wife has a Bachelor's Degree and has completed her course work for a Master's Degree but has not done a thesis. She is currently a teacher at the St. Patrick's School in Carlisle and has a monthly net income of $1,509.00 which was computed by the Domestic Relations Office. She has not raised any health issues. The pretrial statement of husband shows a list of various assets, including household contents, Oriental carpets, a Fidelity Destiny Plan, two vehicles, a life insurance policy cash surrender value, wife's jewelry, a Christmas club, and savings bonds. There is also an allegation that wife removed $1,750.00 from a joint checking account, which wife disputes. Wife also is charged with having an IRA at the Army National Bank of around $1,800.00. Having listed those items, the major issue before the Master is how to distribute the pension of husband with the military plan and also wife's claim for alimony. With respect to the pension, counsel are going to see if they can work out a coverture fraction which would accommodate the issue regarding the date of separation. The problem that needs to be addressed is the numerator on the coverture formula, and counsel need to determine how significant a change of one year on the numerator would make in the monthly benefit. Also, with regard to the pension and wife's claim for a survivor annuity, Mr. Shade has proposed that it is more reasonable financially for wife and husband to take the full benefit and then wife to purchase a twenty-year-term-level premium term life insurance policy on husband's life to provide her a benefit which would be comparable or even better than the survivor benefit from husband's pension considering the cost to wife versus the cost of the survivor benefit. Mr. Gilroy is going to do an analysis of the material which Mr. Shade has provided him, which material Mr. Shade uses to support his position regarding the survivor benefit issue. With respect to the marital debt, which has been outlined on husband's pretrial statement, Mr. Shade has pointed out that his client has assumed $27,000.00 of marital debt and that wife would be charged with a portion of that debt, which would ultimately be treated as a credit for husband in the distribution of the assets. We have discussed the marital misconduct factor on wife's alimony claim, and presently counsel have indicated they do not intend to offer any testimony on that factor. With regard to the matters involving the date of separation issue and the survivor benefit issue, the Master is going to schedule a hearing for the purpose of taking testimony on those two matters and then schedule a hearing to take whatever additional testimony is needed on the equitable distribution claim and alimony claim. The Master notes that there is an attorney's fees claim, but after discussion with counsel the Master has indicated he is not likely to make any recommendation awarding counsel fees. Mr. Shade has pointed out that there may be another small IRA in one of the parties' names in a bank in the midwest. Neither one of the parties has provided any information on the existence of that IRA, and counsel are going to ask their clients about the account. Mr. Shade wanted to have that asset noted with the listing of the other assets which have been enumerated on the pretrial statement. A hearing is scheduled on the date of separation and the pension issues for Thursday, September 7, 2000, at 9:00 a.m. Notices will be sent to counsel and the parties. E. Robert Elicker, II Divorce Master cc: Wayne F. Shade Attorney for Plaintiff Hubert X. Gilroy Attorney for Defendant THOMAS A. DEMPSEY, Plaintiff Vs. NOREEN P. DEMPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 3059 CIVIL IN DIVORCE THE MASTER: Today is Thursday, September 7, 2000. This is the date we had set to take testimony on the issue of the date of separation of the parties and to also hear testimony involving the pension of husband. Counsel have come to an agreement today with respect to the numerator on the coverture fraction which is a compromise of the issue involving the date of separation. The parties were married on July 5, 1980, and are the natural parents of three children. The oldest child is a freshman at Penn State University; the other two children are minors and are in the custody of wife. The agreement that is going to be placed on the record will be considered binding on the parties with respect to the issues addressed. Counsel will also state on the record, following the recitation of the agreement, the issues that remain for the hearing be held on December 12, 2000. The Master also has been advised that the divorce will be concluded under Section 3301(c) of the Domestic Relations Code. Counsel are directed to file affidavits of consent and waivers of notice of intention to request entry of divorce decree within a month of today's date. Mr. Shade. MR. SHADE: Thank you, Mr. Elicker. The agreement is that -- first of all, the husband contends that the parties were separated as of April 1, 1996; wife contends that the parties were not separated until September of 1997. For the purposes of this case we are going to agree that the coverture fraction is 17 years and 2 months which effectively accepts the wife's position as of the date of separation of September of 1997. MR. GILROY: We agree with the 17 years and 2 months and I just want to make sure -- Mrs. Dempsey, you're here and you heard attorney Shade? MRS. DEMPSEY: Yes. MR. GILROY: And you've had a chance to talk with me on this? MRS. DEMPSEY: Yes. MR. GILROY: And you agree to that stipulation? MRS. DEMPSEY: Yes, I do. MR. SHADE: Colonel Dempsey, you've heard what I have just stated on the record? COLONEL DEMPSEY: Yes. MR. SHADE: And you and I have discussed this? COLONEL DEMPSEY: Yes. MR. SHADE: And you are in agreement with that? COLONEL DEMPSEY: Yes, I am. MR. SHADE: The second prong of our agreement is that in the event that wife elects the survivor benefit at the time of husband's retirement in connection with his military pension the cost for that survivor benefit will be deducted from the monthly pension benefit amount before applying the coverture fraction and the equitable distribution percentage. Also, along that same line, there will be no necessity then for valuing the survivor benefit for purposes of equitable distribution and, therefore, there will be no need for testimony concerning the cost of the survivor benefit election or any other issues in connection with the survivor benefit election such as cost of comparable life insurance coverages. MR. GILROY: That is essentially our second agreement with the further clarification that not only will there be no testimony, there will be no suggestion by the Plaintiff that there is any benefit that needs to be added on in distribution to Mrs. Dempsey's side of the equation as a result of her electing the survivor benefit. MR. SHADE: That's correct. MR. GILROY: Okay. With that clarification, I agree as counsel for Mrs. Dempsey. Mrs. Dempsey, you understand what we have discussed in the king's English after the surivivor benefit cost is substracted from the pension any percentage of the pension that you will receive will be paid after that. MRS. DEMPSEY: That's correct. MR. GILROY: And you are in agreement with that? MRS. DEMPSEY: Totally. MR. SHADE: Colonel Dempsey, have you just heard what I stated on the record? COLONEL DEMPSEY: Yes. MR. SHADE: Have we discussed it? COLONEL DEMPSEY: Yes, we have. MR. SHADE: And are you in agreement? COLONEL DEMPSEY: Yes, I am. MR. GILROY: Essentially, I think both counsel anticipate that the December hearing will address the factors of equitable distribution and the factors of alimony and any respective disagreements on values of the assets and that we will present testimony solely on those issues at that time. MR. SHADE: Yes. THE MASTER: Is it possible that we could identify for today's purposes what marital assets we are going to be discussing? MR. SHADE: I think I set them forth in my pretrial statement. THE MASTER: Now, here is what I have in my memo, household contents, Oriental carpets, a Fidelity Destiny Plan, two vehicles, a life insurance policy cash surrender value, wife's jewelry, a Christmas club, and savings bonds. And, of course, we know the pension is an asset. Does that outline the assets that we are going to be addressing? MR. SHADE: There were two other items listed in my pretrial statement. One was cash removed by wife from the joint checking account. THE MASTER: $1,750.00. MR. SHADE: Right. THE MASTER: And she is charged with having an IRA at the Army National Bank of $1,800.00. Has that been investigated or has that been discussed? MR. SHADE: We have requested documentation on that and have not received it. MR. GILROY: And we say we don't have it because we think it is in his name; is that right? MRS. DEMPSEY: It is in his name. COLONEL DEMPSEY: There should have been two. I will call the bank. THE MASTER: Counsel have indicated that with respect to the alimony claim there will no testimony offered on the factor of marital misconduct as that factor may affect wife's claim. Is that correct, Mr. Gilroy? MR. GILROY: Yes. THE MASTER: And Mr. Shade? MR. SHADE: Yes. (Whereupon, Court was adjourned at 11:03 a.m.) cc: Wayne F. Shade Attorney for Plaintiff Hubert X. Gilroy Attorney for Defendant THOMAS A. DEMPSEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 3059 VS. CIVIL ACTION - LAW NOREEN P. DEMPSEY, Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Thomas A. Dempsey Plaintiff Wayne F. Shade Counsel for Plaintiff Noreen P. Dempsey Defendant Hubert X. Gilroy Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 12th day of December 2000 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. Date of Order and Notice: 6/28/00 By t e Curt, G rge E. Hoffer, President Judge By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPIONE (717) 249-3166 THOMAS A. DEMPSEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 3059 VS. CIVIL ACTION - LAW NOREEN P. DEMPSEY, Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Thomas A. Dempsey Wayne F. Shade Noreen P. Dempsey Hubert X. Gilroy Plaintiff Counsel for Plaintiff Defendant Counsel for Defendant You are directed to appear for a hearing to take * testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 7th day of September , 2000 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By t e C rt, i rge E. Hoff r, President Judge Date of Order and Notice: 5/31/00 By: vorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA'T'ION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELE1111IONE. (71.') .'411-3166 * 7'ES•rIM0NY WILL BE LIMITED TO THE ISSUE OF DATE OF SEPARATION OF THE PAR'T'IES AND THE PENSION 1S911FS. THOMAS A. DEMPSEY Plaintiff VS. NOREEN P. DEMPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97 - 3059 Civil IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Wayne F. Shade , Counsel for. Plaintiff Hubert X. Gilroy , Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 5th day of May, 2000, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 11/18/99 E. Robert Elicker, II Divorce Master THOMAS A. DEMPSEY, Plaintiff VS. NOREEN P. DEMPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97 - 3059 Civil IN DIVORCE RESCHEDULED PRE-HEARING CONFERENCE TO: Wayne F. Shade , Counsel for Plaintiff Hubert X. Gilroy , Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 26th day of May, 2000, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 1/26/00 E. Robert Elicker, II Divorce Master THOMAS A. DEMPSEY, Plaintiff Vs. NOREEN P. DEMPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.97 - 3059 CIVIL ACTION - LAW IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Thomas A. Dempsey Plaintiff Wayne F. Shade Counsel for Plaintiff Noreen P. Dempsey Defendant Hubert X. Gilroy Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the day of at a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. r, President Judge Date of Order and Notice: By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 THOMAS A. DEMPSEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 97 - 3059 CIVIL NOREEN P. DEMPSEY, Defendant IN DIVORCE TO: Wayne F. Shade , Attorney for Plaintiff Hubert X. Gilroy , Attorney for Defendant DATE: Wednesday, August 25, 1999 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 3g DATE NOTE: PRETRIAL DIRECTIVES WILL PRETRIAL STATEMENTS UNTIL DISCOVERY IS COMPLETE, OR DISCRETION. rY/•r4c .(c COUNSEL FOR PLAINTIFF () COUNSEL FOR DEFENDANT ( ) NOT BE ISSUED FOR THE FILING OF COUNSEL HAVE CERTIFIED THAT OTHERWISE AT THE MASTER'S AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. DR N THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL DIVISION - LAW NOREEN P. DEMPSEY, NO. 97-3059 Defendant IN DIVORCE ORDER OF COURT And now, this day of , 1997, upon consideration of the attached petition for Alimony Pendente Lite, it is hereby directed that the parties and their respective counsel appear before on at for a conference, after which the conference officer may recommend that an order for Alimony Pendente Lite be entered. You are further ordered to bring to the conference: (1) A true copy of your most recent Federal Income Tax Return, including W-21s as filed (2) Your pay stubs for the preceding six (6) months (3) The Income and Expense Statement attached to this order, completed as required by Rule 1910.11(c) (4) Verification of child care expenses (5) Proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the court may issue a warrant for your arrest. BY THE COURT, Harold E. Sheely, P.J. Date of Order: Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, PA 17013 717-240-6200 cc: Hubert X. Gilroy, Esquire Wayne F. Shade, Esquire THOMAS A. DEMPSEY, v NOREEN P. DEMPSEY, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 97-3059 IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE Defendant, Noreen P. Dempsey, by her attorney, Broujos & Gilroy, P.C., sets forth the following: 1 Petitioner is Noreen P.Dempsey who is the Defendant in the above captioned divorce action. 2 Respondent is Thomas A. Dempsey who is the Plaintiff in the above captioned divorce action. 3 By this Petition, Petitioner seeks alimony pendente lite (APL). 4 Defendant is currently unemployed and is without sufficient assets to maintain herself and children during the pendency of the divorce action. 5 Attached to this Petition is the DRS attachment for APL proceedings with the appropriate information. WHEREFORE, Defendant requests your Honorable Court to set an Order to grant her alimony pendente lite. Respectfully submitted, RI Hunerr X. Gilroy, Esqu Broujos Gilroy, P.C. 4 Nor Hanover Street Carlisle, PA 17013 717-243-4574 DRS ATTACHMENT FOR APL PROCEEDINGS NOREEN P. DEMPSEY DOB: 6/29/48 SSN: 562-80-6516 1886 MARY LANE, CARLISLE, PA PHONE: 258-8903 ATTORNEY: Hubert x. Gilroy, Esq. PETITIONER'S EMPLOYMENT: unemployed HOW LONG: NET PAY: PER: JOB TITLE: OTHER INCOME (AMOUNT. SOURCE): THOMAS A. DEMPSEY RESPONDENT: 6/30/53 509-62-6235 ADDRESS: 4313 Birch Lake Court, Alexandria, VA 22309 PHONE: 703-360-3439 A Wayne Shade, Esq. I'I OItNt:Y: RESPONOENT'S EMPLOYMENT: US Military IIOW LONG: 22 years unkown at this time NE1' PAY: PER: JOB TITLE: Lt Col. OTI IER INCOME (AMOUNT. SOURCE): WIZEN MARRIED: 7/5/80 :WIII:Rf: WHITIER, CALIFORNIA DA'IESEPARATED: JUNE 9, 97 WIIIEREI.ASI'1.IVIEIITOGETIIL'R: 1886 Nary Lane, Carlisle, PA 17013 FOR DRS INFORMATION ONLY Pl TITIONLR: I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. Section 4904 relating to unsworn falsification to authorities. Noreen P. Dempsey D i ?._ ._ ?,,, , ,, _ ' ti= s c>; ,_, r.' ?_i.. r?. j L.':. ?-- . ? ? :. ? i:. ?. - ?, ? _ ? 1: ? ?J wz ?? < o w O ? .1 N a P F O u ?: 9z LL) ? " a < a 3 ouw M o o _ in wa?0 m <a > ?a_ O n ?UU Z ? Z ... , . i. , . i . . `f THOMAS A. DEMPSEY, Plaintiff V. NOREEN P. DEMPSEY, Defendant ,* 1Z Iq Tc, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 97-3059 CIVIL TERM IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT 1. MARITAL ASSETS Husband lists the following marital assets in addition to Husband's military pension which is not listed or valued because it will need to be divided in accordance with deferred distribution due to the obvious lack of other marital assets to offset it: A. Household contents other than the oriental carpets $ 7,000 B. Husband's oriental carpets 1,100 C. Wife's oriental carpets 4,500 D. Fidelity Destiny Plans 11 1,800 E. 1996 Dodge Caravan 7,225 F. 1996 Geo 5,725 G. US life insurance 18,200 H. Wife's gold jewelry 5,000 I. Christmas Club 600 J. Savings bonds 3,400 WAYNE F. SI IADI Attm y at IAw 33 Wnt Pumfrct Si mt Cuhsic, llcnnsyhmia 17013 K. Cash removed by Wife from the joint checking account 1,750 L. Wife's IRA at Army National Bank 1,800 TOTAL $58,100 II. HUSBAND'S NON-MARITAL ASSETS Husband has no non-marital assets of any significant net value beyond the encumbrances. III. WIFE'S NON-MARITAL ASSETS Husband is not aware that Wife has any non-marital assets of any significant value. IV. HUSBAND'S EXPERT WITNESSES A. Theresa A. Derr concerning military retirement benefits. B. Jeffrey DeReese or other representatives of USAA Life Insurance Company concerning life insurance coverage illustrations. V. NON-EXPERT WITNESSES A. Husband's non-expert testimony will be confined to his own testimony. B. Husband reserves the right to present the testimony of any non-expert or expert WAYW E SUAaI AIWm y.t liw SJ West 1'omrrcl Sim (1r69e, Nnrolhmu 17011 witness listed in the Pre-Trial Statement of the other party herein or in any other document produced in this matter. C. Husband reserves the right to present any impeaching or contradicting evidence which may be necessitated by testimony of the other party herein or witnesses of the other . =-_ party herein. I;'. -2- VI. EXHIBITS Husband reserves the right to introduce any of the following exhibits at trial. All exhibits which do not exceed three pages are attached, and any exhibits which are not attached are described: A. Letter of April 29, 1999, from ReliaStar United Services Life Insurance Company. B. NADA valuation of 1994 Dodge Caravan. C. NADA valuation of 1996 Geo Metro. D. Requested inventory of Wife's jewelry. E. Copies of marital U.S. savings bonds. F. Inventory of household contents. G. Fidelity Destiny Plan 11 statement of May 7, 1997. H. Letter of June 21, 1999, from PNC Bank. 1. Life insurance coverage illustrations to be disclosed upon receipt. J. Settlement statement for purchase of Husband's residence. K. Letter from ReliaStar United Services Life Insurance Company confirming the date of separation cash value of Policy #00207389-5. F L. Statement of the value of Wife's IRA at Army National Bank. WAYNE F. SHADE Altomey at IAw 53 W01 P=f1e1 S1RC1 Cadislc. Nnmyhmu 17013 -3- VII. INCOME A. Husband's gross income as a Colonel in the U.S. Army is $7,518.26 per month. His net income is $5,452.72 per month. B. Wife's gross income as a school teacher is $1,907.75, including an annual tuition credit for the children in the amount of $1,250. Her net income is $1,509.03 per month. VIII. EXPENSES The Expense Statement of Husband is attached hereto. IX. PENSION A. Husband will retire if he receives military orders that would require him to WAYNE F. $IIADE Attomey at law 53 Wat Pomrret Street Culinle, Prnmyhmis 1701] leave the children. Expectations are that the earliest that will be is 2001. Husband will retire in any event by 2004. The amount of Husband's pension benefit will be determined by statute at his date of retirement, depending exclusively upon the total active service and military pay grade at retirement. The military pension benefit will be the overwhelmingly largest marital asset in this case. It seems obvious that there will be insufficient other marital assets to offset Wife's share of the coverture portion of Husband's pension. Therefore, a deferred distribution will be necessary, and there would be no point in even attempting to calculate a date of separation lump sum value of that pension. Actual pension benefits are not determined until the service member actually retires. The Military Pay System then begins a long and drawn-out process of -4- determining the appropriate pension amount and initiating payment of the retirement benefits. Therefore, there arc no records or documentation of any type that currently exist regarding Husband's military pension, nor will any such documentation exist until some weeks after Husband has been given an official retirement date by the Army. In the meantime, we can only estimate the amount of Husband's pension. If Husband were to retire in 2001, his approximate monthly retirement benefit would be $4,500. The coverture fraction would be approximately 16 of 24 years of his service. If Wife were to receive 55% of the coverture portion of the pension, her monthly benefit would be at least $1,650 if she were to waive the survivor benefit. It would be more with a later retirement date. If Wife were to elect the survivor benefit, she would receive $2,500 per month on Husband's death based upon the 2001 numbers. When she would reach age 62 in only nine years from 2001, her survivor benefit would automatically reduce to $1,600 per month. We contend that the survivor benefit is nothing more than a very expensive life WAYM: F. SHAnl Att m yn tau 33 Wnl llomfml Simi 6111SIC, l4nnry1%1mA 1701) insurance annuity. It is very expensive because the plan must accept everyone, including thousands of people who do not have the excellent health of Husband. The election would result in a reduction of the total monthly benefit by at least $300 per month to $4,200 per month, based upon the projections of retirement in 2001. If Wife were to receive 55% of the coverture portion of the pension, her monthly benefit would be reduced to $1,540 if she were to elect the survivor benefit. If the survivor benefit were -5- not elected, Wile would receive her equitable share of the greater monthly benefit during Husband's life in the amount of $1,650 per month. This would increase her monthly benefit by $110 per month. That would be Husband's preference. Husband is a nonsmoker who is in excellent health. With the extra $110 per month that she would receive by waiving the survivor benefit, she could purchase a 20 year level term life insurance policy on Husband's life in the face amount of approximately $575,000. That means that the proceeds would be $575,000 if Husband were to die within 20 years of the purchase of the policy by age 68. Thereafter, the policy would continue in effect with decreasing proceeds until Husband would be 90 years of age. If Husband were to die in 2001 and Wife were to have elected the survivor benefit, she would only receive nine years of survivor benefits at $2,500 per month and $1,600 per month for the remainder of her life. The first nine years of benefits would be worth only $270,000. She would need to live to age 77 to collect the remaining $305,000 of the $575,000 that she would receive from the 20 year level term life insurance policy that she could purchase with the $110 per month reduction in her monthly pension benefit amount. Moreover, this analysis ignores the benefit that she could receive from investing the $575,000 lump sum. Wife would only need to receive a 5% annual return on the $575,000 to fund a monthly benefit of $2,500 for life as opposed to $2,500 for nine years with reduction to $1,600 thereafter. Furthermore, that would be without reduction of WAYNI: F. SHAN Ath,w) sI law SJ wal AmmBm strc l Cuhslc, Iknm)hsnu 17013 .t7. principal. Income tax would not be a factor in this analysis because she would have tax on the survivor benefit as well. Five percent would be a very conservative rate of return for a sum as large as $575,000. If Husband were to die later during the 20 year term of the policy, Wife would be even further ahead of the game by waiving the survivor benefit. Thirty years after 2001, when Wife would be 83 years of age, the proceeds of the 20 year level term policy would still be more than $77,000. That would represent four years of survivor benefit payments at $1,600 per month to Wife's age 87. Forty years after 2001, when Wife would be 93 years of age, the proceeds would still be more than $30,000. That would represent a year and a half of survivor benefit payments. The penalties that are inherent in the survivor benefit election are further emphasized by the fact that the foregoing analysis assumes that Husband would be, in effect, contributing $190 to Wife's survivor benefit if she were to elect it. That contribution would be in the form of the remainder of the $300 reduction in the total monthly benefit above the $110 reduction in Wife's share of the total benefit. If Wife were to purchase a 20 year level term life insurance policy on the life of Husband with a premium in the total amount of the $300 reduction of the monthly benefit that would otherwise result from the survivor benefit election, the proceeds would be more than $1,500,000 for twenty years. Even after thirty years from 2001, when Wife would be 83 years of age, the policy proceeds would be approximately $200,000. WAYNG F. s11ADr. AOomey at law yl Wal P mrmt smsl CuL,le. PMM51VMM 1701] -7- This analysis is particularly apt where Wife is live years older than Husband. Therefore, if Wife wants to elect a survivor benefit that is of no real benefit to her, it is our position that she should pay for the expense of that election. The full amount of the reduction in the monthly benefit as a result of the designation of Wife as the survivor beneficiary should be deducted from Wife's share of the pension in equitable distribution. This is what the court did in Palladino v. Palladino, 713 AM 676 (Pa. Super., 1998). The cost of the survivor annuity was deducted before awarding wife her share of the pension so that the husband received his share unreduced by the cost of the survivor annuity. As in Palladino, we do not believe that we should be required to pay for an option that is strictly for Wife's benefit, particularly where it is obvious that she would be far better off if she would elect her share of the benefit unreduced by a survivor benefit election for the remainder of Husband's life where Husband is in excellent health. To hold otherwise would be to, in effect, require Husband to contribute to the purchase of very uneconomical life insurance for Wife. Everyone would lose. If there were no survivor benefit in connection with this pension, we do not believe that there is anything in the equities of this case that would support a court order that Husband be required to purchase life insurance for Wife. In the event that Wife were to elect the survivor benefit and fail to survive Husband, he would be free to designate an alternative survivor beneficiary. B. Husband is not aware that Wife has any marital pension. WAYNE F. SHADE, Ammmey at Law 33 West Pomfret Stmt Carlisle. Pennrylsania 11017 -8- X. COUNSEL FEES With his total current obligation of $2,590 per month in child and spousal support, Husband is unable to afford to contribute to Wife's counsel fees. Husband contends that Wife should have been able to pay her own ongoing counsel fees from the tens of thousands of dollars that she has received from Husband since April of 1996. XI. TANGIBLE PERSONAL PROPERTY Division of all tangible personal property is disputed. XII. MARITAL DEBTS Since the date of separation, Husband has assumed the following marital debt: A. 51 months on the loan on the Geo Metro at $212.48 per month $10,800 B. PNC Bank bill consolidation loan 11,500 C. USAA MasterCard 3,800 D. AAFES loan im TOTAL $27,100 XIII. NON-MARITAL DEBTS Husband lists the following non-marital debts which have been necessitated by his leaving the marital residence and contents and motor vehicles to the family: A. Mortgage to PHH Mortgage Services Corporation $93,700 B. Automobile loans 15,000 WAYNr. F. SIIAmC Attorney at law SJ Was Ibmfmt Simi Carlisle, Pennsylsama li 17013 C. American Appliance 1,500 D. Value City Furniture 1,100 -9. E. MasterCard TOTAL XIV. PROPOSED RESOLUTION EQUITABLE DISTRIBUTION FACTORS 9.000 $120,300 The parties lived in marital cohabitation for approximately sixteen years, having been married on July 5, 1980, and separated by April 1, 1996. The date of separation in this case is determined by Wife's refusal to accompany Husband to his military orders upon his graduation from the U.S. Army War College. 2. Any prior marriage of either paM. This is the first marriage for both parties. 3. The age- health, station, amount and sources of income, vocational skills. Husband was born on June 30, 1953. He is in excellent health. He cams approximately $90,000 per year as a U.S. Army officer. He has an undergraduate degree in American history and a Master's degree in African area studies. Wife was born on June 29, 1948. She is in excellent health. She earns WAYNH F. SHADE w Allomey 4114 SJ West Pomtrcl SIM Carlisle. Penmyhani? 1701) approximately $23,000 per year as a school teacher. She has an undergraduate degree in Middle East history and has completed all of her course work for a Master's degree in Middle East history. She is also certified to teach secondary education. -10- 4. The contribution by one pare to the education. training or increased earning Husband paid for Wife's educational expenses in the approximate total amount of $7,000 for her teacher certification and subsequent graduate course work to maintain that certification. 5. The opportune of each party for future acquisitions of capital assets and With Husband's substantial income tax and support obligations, neither of the parties have significant opportunity for future acquisitions of capital assets and income. 6. The sources of income of both parties, including but not limited to medical. The sources of income of both parties are limited to their employment incomes. 7. The contribution or dissipation of each pally in the acquisition. preservation. Prior to the separation, Husband paid the bills, and Wife managed the home. 8. The value of the proper set apart to each party. Neither of the parties has non-marital property of sufficient value to constitute a significant factor in equitable distribution. 9. The standard of living of the parties established during the marriage. WAYM: F. SHADE Aponte) at IAw S) West Pomfn1 Street Carlisle, Per,m)hunu 17013 The standard of living of the parties established during marital cohabitation was strictly middle class. 10. The economic circumstances of each paM at the time the division of pr_opertv In spite of Husband's substantial income, the parties have been unable to accumulate any significant assets during the marriage. Their motor vehicles were always purchased with borrowed money, and they have not owned a home in the last more than 15 years. child. The first child of the parties will be an adult in three months, and Husband will be seeking expanded custody of the two younger children. ALIMONY FACTORS Husband earns $90,000, and Wife cams $23,000. 2. The ages and the physical, mental and emotional conditions of the parties. Husband was bom on June 30, 1953. lie is in excellent health. He earns approximately $90,000 per year as a U.S. Army officer. lie has an undergraduate degree in American history and a Master's degree in African area studies. Wife was born on June 29, 1948. She is in excellent health. She earns WAYW E SIIAUI Anomry at IJw 53 wen Pwnrm strew Culule, l'enns7hmla 17017 approximately $23,000 per year as a school teacher. She has an undergraduate degree in -12- Middle East history and has completed all of her course work for a Master's degree in Middle East history. She is also certified to teach secondary education. 3. The sources of income of both parties. including, but not limited to, medical. The sources of income of both parties are limited to their employment incomes. 4. The expectancies and inheritances of the parties. Neither of the parties has any expectation of significant inheritance. 5. The duration of the marciaee. The parties lived in marital cohabitation for approximately sixteen years, having been married on July 5, 1980, and separated by April 1, 1996. 6. The contribution by one paM to the education. training or increased earning Husband paid for Wife's educational expenses in the approximate total amount of $7,000 for her teacher certification and subsequent graduate course work to maintain that certification. 7. The extent to which the earning power, expenses or financial obligations of a Wife's earning capacity is not significantly impacted by her custodial WAYNE F. SHADE Allomey At IAW 33 Wn, POWMI sued Culule, tnnslhow 17013 responsibilities where all of the children are in school, and her expenses are offset by the substantial child support which she receives from Husband. 8. The standard of living of the parties established during the marriage. -13- The standard of living of the parties established during the marriage was strictly middle class. In spite of I lusband's substantial income, the parties have been unable to accumulate any significant assets during the marriage. 'their motor vehicles were always purchased with borrowed money, and they have not owned a home in the last more than 15 years. 9. The relative cducntion of the parties and the time necessary to acquire sufficient 'fhc relative educations of the parties are nearly identical, and there is no need for either of the parties to acquire additional educational training to maintain their current employment. 10. The relative assets and liabilities of the parties, 'rhe relative assets of the parties are comparably modest. Husband has assumed essentially all of the liabilities of the parties. Neither of the parties brought any property of significant value to the marriage. 12. The contribution of it spouse as homemaker. Prior to the separation. I lusband paid the bills, and Wille managed the home. 1% 'ANN1' F, SI IAD1 Alwn n I ax 9 N'ai Nmdtrl Sim 1'aiLJo, l4nn•?hann I7q? 13. The rclativc needs of the panic Where I lusband is paying approximately $1,900 in after lax child support in ji addition to spousal support. the relative needs of the parties are comparable. -14- 14. The marital misconduct of either of the parties during the marriage. The In spite of Wife's refusal to accompany Husband to his military orders upon his graduation from the U.S. Army War College, Husband will consider agreeing to have alimony determined without regard to marital misconduct. 15. The federal, state and local tax ramifications of the alimony award. The federal income tax benefits to Husband of any alimony award will be more than offset by the substantial nondeductible child support obligation. The federal income tax obligations of Wife with respect to the alimony award will be minimal at her income level and in view of her receipt of substantial nontaxable child support. There are no state and local tax ramifications of alimony. 16. Whether the any seeking alimony lacks sufficient rope . including. but not for the party's reasonable needs. Where Wife will be receiving more than $1,200 in nontaxable child support even after the first child of the parties reaches adulthood, she will have in excess of $2,700 per month or $32,400 per year after taxes for the support of herself and two children. This will enable her to sustain the standard of living that the parties experienced prior to the separation without alimony. WAYNE F. SHADE Anomcyat law SJ Wnt Pomfwt Stred Cdllele. PMlyh-anhr 17017 -15- 17. Whether the party seeking • king alimony is incapable of self-support through Wife's capacity for employment is illustrated by her current employment. Husband states the following proposed resolution of the economic issues: We would propose that we retain the life insurance cash value, our oriental carpets and the GEO and that Wife retain all other marital property and receive 55% of the coverture portion of Husband's military pension when Husband retires. Wife would assume her credit card balances, and Husband would be responsible for all other marital debt. The debt that Husband will be assuming in the amount of $27,100 exceeds the value of the marital property that he will be receiving. Therefore, the net distribution of marital property to him will be zero. Wife will have tens of thousands of dollars of net property distributed to her after payment of the minimal amount of debt that she will be assuming. In effect, she will be receiving slightly more than 100% of the net marital property, exclusive of Husband's pension, under this proposal in view of Husband's assumption of marital debt of a greater value than the property distributed to him. Therefore, we contend that she should not receive more than 55% of the coverture portion of Husband's pension. From his net income of $5,452.72 per month, Husband pays approximately $1,900 in child support and $600 in spousal support. This leaves him with approximately $2,950 WAYW E Stout: Anorney at law SJ Wen P mfmt Street Carlisle. Pennsylvania 17011 -16- per month. With her net income of $1,509.03 per month and child and spousal support, Wife receives approximately $4,000 per month. XV. REQUESTED STIPULATIONS Introduction of coverage illustrations from USAA life insurance company without calling the company representatives from San Antonio, Texas, to testify or, alternatively, receiving the testimony of the company representatives by telephone in the hearing or by telephone deposition. XVI. TIME NECESSARY This case should not require more than a day. XVII. STATUS OF SETTLEMENT NEGOTIATIONS Husband has made good faith proposals for comprehensive resolution of all of the economic issues, but we have received no counterproposals. Date: November 12, 1999 Respectfully submitted, & Wayn Shade, Esquire Supreme Court I.D. # 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNc F. SIIAOI AIIOmC) At law 37 Wal Pumfim Seat ca6ik. Prnm)h"la 17017 -17- main.asp at www.nada.com If you need help with Before using the car Year. Make: Series: Body Style: SECTION=T1994 OPTIONS OPTIONS 718 Pausnper Seating (Base Caravan) AN Wheat Drive Leather Seats Rear Air Condkloninp 4 Cylinder Engine W/out Air Condieonlnp Acceptable 60000-65000 Mileage: Low Retail Average Retail http://www.nada.com/uscdcarguidc/main.asp 7225 5925 `s VALUE HI h Retell 9050 Page 1 of 1 $200 $1,400 $125 $350 41530 -5128 NADJ1.OIIiWt Used Car Guide Consumer Edltbn, Spring 1999 CopyrgM 1999, All Rlphb Reserved 4/19/99 main.asp,at www.nada com If you need help with searching, click here. Before using the car price guide, please read this disclaimer. Year 1996 Make: GEO(Japanese) Series: METR=0 Spd. Body Style: Hatchback 2DISi SECTION=I1996 OPTIONS AluminundAlloy Wheels AntFThatRecovery System Automatic Transmission (Metro) Compact Disc Player Cruise Control OPTIONS Leather Seats Power Sunroof Power windows W/out Alr Conditioning W/out Automatic Transmission (Ex. Metro) W/out Power Steering (Ex. Metro Hatchbacks) Acceptable Mileage: 40000-45000 Low Retail Average Retall 4675 5725 rgatr "? J1MkYWby VALUE High Retail 7150 Page 1 of 1 $150 $200 5400 $150 $100 $200 $375 $100 45U 4400 4150 NADA Official Used Car Guide Consumer Edition, Spring 1999 Copyright 1999, A9 Rights Reserved http://www.nada.com/usedcarguide/main.asp 4/19/99 91?17,'LiNijllED .9-EK310offQ 1 t", Gnmal, mlmma)UT 7,312TCT?gm SERIES EE- INTEREST CEASES EO Vg.,, IYOY 1EEY[ DATE X01 ` 1992 FEDERAL'-.. RESERVE-BANK :. O1'-Tq'"4Z••• ....;:.KANSAS CITYvMO: .::, •IO-2999'•• 1:000090007 1. . 203 284 7 203 2ul 405-39-2482 f TnSIOBHAN C DEMPSEY 321 SKYLINE PARK,DR, HOPKINSVILLE9 KY 42240 ? DC.1'm1 OR THOMAS 'A?DEMPSEY1 M '10=1729; 01-14 12-001-011 2.8412032EE' ,1v }';:..: :5;`.!T ...y •t All- a vu I 9 BLOM? M. -99L mift SERIES EE •;' ; +1:f% i;:':. ..?Sii?' ??'TIT• `nnn77T1 T)QTGT ` INTEREST E[ASIS SD TEAES '.,.iII• , • ...: .......... _ .. IIIDY IUY[ OAT[ 407-43-9126 112 1992 Tn MICHAEL S DEMPSEY' ' ''• ?.?. MAIL TO: ' fir. 4 A P DE.MPS Y FEDERAL'• ., . RESERVE BANK z:" •.1191 E 26TH AVE 12-09392" ,y> ,'•..4,:•;MANHATTAN9 KS .66502 KANSAS CITYvMO 02999' DR'. _THOMAS 1A DEMPSEY T ' s s, oo=oooa 12-08_ 2 oai 24 '.: ? C384881350EE 1:0000900071:04 T 00384E8135011' SERIES EE n1..11. •. y..M N,•. 1:: V S?iWrBQ( TtT stA _lrs _ 570 77 3660 ; 12 1988 YYa •, .. 7:. Patrick J. Demos: Manhattan, Kansar 66502 ;4 '..::.. -z . -. inor.ns Damisa WE. 1L. AX-11 GUT W*OkP L391041625EE 1:0000900071:r1i 039 104 16 2Sul 1:0000900071:04 ----------- `• •I :i ;: •• •1'-i i ? i\ -_ J l.Ai1L?17ikn1}?SQS• i' Or;Thomas'A..,Dempsey; 5 . • a ,' PAN 3499Sb24EE ti.l•. • 4lr??[«r?r?i???(Xa?1??? 1 N.•ryYy yNY•Y N. (,T?'1'rT7 ,'?JT?Iir 7i 1 cT \•T,t{Sj 509.62 .6235 ' ' .. 7'. Siobhen Dempsey 321 Skyline Park Drive Hopkinsville, 1(y. To SIOBHAN DEMPSEY AAPLDETO: MPSEY RESERVERBANK 1191 E 26TH AVE. 12-07s940'• HANHATTAN• KS 66502- KANSAS CITYvMq ?. .;. .__.-.... •...,:__ s:10-?Z5P919 °' 'OR THOMAS `A `DEMPSEY :; r"''`" J. S 10=1729 001=007' 1 11'? ^>taFn. 8023497562411' SERIES EE 405-39-2482 12 1990 1:0000900071:04 0026637349911' TLW .zL3M9%F04V39Q??at_ 1 ? -g- 0 :'.0' MRTH-DJUMUT0085 509-62-6235 7:• Siobhan Dempsey Ft. Campbell, KY or Thomas Dempsey SERIES -01 1990 C1T11E43 D%OK G T,% .T C'!. u•.qe ••?.T • •?AR-41 G•Tyi . SERIES LL 12 1989 CfTIZENS BANK G 5R[JST CO. . DEC2.0•.1989 . nu.. JMET nw , c..l. C222495bbHE 1:0000900771:01, T 2u22249566711• ,.-t.'Sex,?DdYB.41.0...,tre,.Y2W:.1„a.:.uY,xti.•W. ..yN.ttflrl. swomeffik* ., -I .•M.w qy Y.L... SERIES EE 570777-3660 12 1990 ' 7- PATRICK J DEMPSEY A MAIL TO: F'EDERAL'. A P DEMPSEY RESERVE BANK 1191 E 26TH AVE.:. ' 12-0'9+90" :".MANHATTAN, .!KS 66502'1 1. .KANSAS CITYtMd ;• - -? .102999' ''OR THOMAS -°ArDEMPSEY'kr"'1-' S. 10=1729 00,1=006'`, a .? t e a t aa+ 266394819EE 1:000090007004' 0026637481911' ?fflt'kffffl) 0 A 1 ' IL4 SERIES EE ST CEASES 30 YEARS %.7l• [ l ?i T)j>3 T?1 '? INTC IRON ISSUE DATE 405-39-2482 :12 1991 Tn SIOBHAN C DEMPSEY;] MAIL TO: - FEDERAL'•. AP DEMPSEY - RESERVE BANK 1191.E 26TH AVE 12-!6-911" • MANHATTAN, KS 66502 • r KANSAS CITYOQO ' OR THOMAS =ADEM PSEY; ? 10-'2999 S s'10=1729 12-17=9T' 001-016':`` .1 ; ..::C328366653EE F.?IiW F...n u' -303 71:04 28366653u' 1:00009000 cop)l - . tiMM .•-1¢NMMVp!I.U!MMlnIM.!. C?•3'1`'•'+1Yf^1i, ,.Y..??"Yw.,nn\!•M.i!^rA..E1tl?lni 1 r ? jO Mini,?;iftXP?1P•.,?9tMaji1s(iPA],t1;i1 405-39-2492 X, S1p3HA`! C nFMPS?-Y i MAIL TO: A P DEMPSEY c `::•';."? 1191 E 26TH AVE 1 LA MANHAT'4t1r KS 66502 : +. ` ". SERIES EE INTEREST CEASES 30 YEARS FROM ISSUE OSTC ^ 12 1992 FEDERAL RESERVE .BANK 12-09L92 KANSAS CITY00 l 0-.?Z999' OR THOMAS A DEHOSEY - "" S 00-0000 1?-on-Q:, 001.-923.,.., C38488134SEE 1:0000900071:04 (ow 038488134511' ..'...SOE.?<Y1.SIk?eIGS.We.l,JY:. R-.RUL .....d4.nPfs"fR•a11lN..ur'L.l>uYfF.tls1:Y.:]4'ASYY.UlRG1d . Ul 91i?? fGlii'{?13iiJJF:r4J i(J?•'??11 • d f j 0-MOM ED-CR)7- nAMID 570-77-3660 Te PATRICK J DEMPSEY. MAIL TO: AP DEMPSEY 1191 E 26TH AVE i. '. MANHATTAN, KS.66502` _ i.•.i.L ?.. OR_ THOMAS"A-'DEMPSEY??uw? s- ' 10-1729 12-17-91 ' 001=015 `j!1& 1:00009000 71:04 :,SERIES EE lNT[NCCT CC.C[C CO TC.NC FROM lellut OAT, 1991 la7 C: T-c F'EDERAL'. RESERVE BANK L2-Te'?9t^ .!KANSAS CITY„MCJ 10.02'999' a 003 28 3681 2411' 12-8368124EE m-Alm M-5wo42 SERIES LE ura..rn.n rar.N. r., 1 5 i L hrs.:.. 1 ,'Ti ii •FT1i T)GYRT \ _-.-- ._.__'_? ?12, _1989_ 570-77-3660 - ?J C1712ENSSANK I y Tn _ & TRUST Ca. % ? Patrick Dempsey . ; . Ft. Campbell, KY Q 2 0 1989 ri or Thomas .Dempsey' 9 -,r la-L,C22'2495bbbEE 1:00009000 71:04 .K i0 2 2 249 566611' j SERIES LE; •>?iti+.•a.: (')•.`,1.'d-•PiT7Tt. ??T.f?Tln7G 1?,Z?.'j 570 77 3660 02 1990 e Patrick J Dempsey C1T:Z_y-"E•AyK Hopkinsville, Ky co: or ,.....?[.. ; Thomas A Dempsey F = ,.,.. J r. ";''tea r s JS'' C2H 18U44EE w..._. 1:0000900071:04 7023578974411' N l ' ="?-• i - o _ _ YlMtN?,?rj?>1g?? tall?{r? SERIES EE ?• 4'.'y?`;?,:'1111? ILlWA.rtyumrbB ri lxm IIITUtnCEASES a0ri.AS .. ... _........._._.. .. '. J.: PRO-uwCO.VC .62.62351 t,:I{ ?._ I..i .di4s"......A, 02 1994 j c'S' z rn DEMP5.0962'6235 '- ,THOMAS ARTHU p MPSEY 321 SKYLINE PARK--.OR''. US ,S VG BONG, HOPKINSVILLE K ' t X. ' . l?42240-4925 %3?Q 994 1 '•'?? ?t.n..:' is .. f .003802OS49 i 451 QOg3giN?F?EN ]N(DENPSEY? 56 •180165'1'6 ` - ° G_D,380205 0900071:06 ' ..? ?crr'rrrn,-?I `•r`ra Ia?rcr•?a J 509 62 6235' ( { 321MSKYLINEUPARKPOR- ;.HOPKINSVILLE KYr42240-4925 1547 r OR??n NOREEN N;DEMPSE_Y,i 562 8076 ` . l:0000900071:06 %' SERIES EE ' . WTCRpT CEASES OG YG.RC p PROM ICCUC O.TC 09 .1993 OEMP509626235 US.SVG BOND °0037966733 L6'D.31986133EE 100 3 7986 7 3 DR, IRLIrF ?(11i?71P.1?jg RA91P.S?Qr1Aar:1+i1 21? 0_1r •TIN&'f)UBEDjItOi.-%%T1B ckine Cv SERIES EE IMTCRgT CEASES 30 YEARS FROM Hwc a." 12 1992, FEDERAL RESERVE BANK 12-0992" KANSAS CITY,M0 10-%2 999" ?o1-A2n C384883142EE 50 38488 3 74 211' 1.NNCJIr?•••_-••? .?""-'-??-•^W'n.Wl•-4.M+tl1'?IC.Y 570-77-3660 PATRICK ' A firrrr?r?I?n?rlTc?? 699 509. 62.6235 ±1! Ta THOOMASSARTHU!DEMPSEY 533 CRAIG RD ,a CARLISLE, P? •IOR NOREEN',. ' :? ...' .: N DEMPSEI?1 -,562806516 %p80170.4n0. 1:00009000 41:06 ?- - 5004795669gill '01 30 97'•, ; nlw+uatrr. • • supra RATE ' 1,4-5689•• 63447 509626'235 'D41956699EF' TIM, .SERIES EE !! tl: +•'?.. ??•.; _,.''= l:J'7,_,rT?\ .,,'1_•t)?T1,;,1•/1?iT:.•l J •._'NTINC.T CCA.n,o YEAR. .. _ r -• ••-•' - _. .- FROM ISSUE DATE i' 509 62 6235' .1992 lot- DEMPS 9626235 ??'• ?n . THOMAS ARTHU DEMPSEY c ' ii 321 SKYLINE PARK 'DR US.S?6 BOND HOPKINSVILLE KY 42240-4925 e4368e 11-30-.1992; IflR1J1 NOREENlN IDEMPSEYj 562 `2016516^! : 0 03 4552 554 _nA•. -._ - ;--,.. ,w .34SSISS4EE ' •:1:0000900071:06 •%.'?003455i5541?' ppraz?:W A .Me!reuuwuaweaa•...ww...+?W-.-`_1657O6'e?Ef1i '?b2lrerw.eAn w••i SERIES EE l.T(112 TTTt,TT) IylbI TGT:•\6 INTEREST CtA113 30 TEARS - FROM ISSUE DATE 509 62 6235 04 1993 t %. THOMAS RTHU DEMP509o26235 321 SKYLINE PARKPORY W .S VG BOND HOPKINSVILLE KY 42240-4925 4136E,T• Ok'-30-1993 625 'OR NOREEN N.DEMPSEY 562.80 6516 0037965697 D31965691EE 1:0000900071:06 17'` 6003796S69711' SERIES EE INTE.t ST CCATES 30 Vg... rllow u.ut DATE 1.1. ..1996. 5570 DFAS=•IN 17013.510y HOUSEHOLD CONTENTS ITEM ESTIMATED VALUE LIVING ROOM Sofa (non-sleeper) $ 300 Love seat 150 Oak coffee table with matching end tables 250 Oak roll-top double pedestal desk 450 13" color TV 105 Upholstered chair 200 Rocking chair 75 DINING ROOM Oak china cabinet 600 Large oak dining room table with 4 regular and 2 captain chairs 600 KITCHEN Microwave 100 Refrigerator 500 Small dining room table with 2 chairs 100 SIOBHAN'S BEDROOM Two bunk beds, wood 150 Computer desk 75 4 book cases 100 PATRICK'S BEDROOM Queen-size bed 300 Coffee table 50 27" color TV 175 VCR 300 Stereo sound system 100 Cherry chest-of-drawers 300 MICHAEL'S BEDROOM Metal bunk beds 75 Wooden chest-of-drawers 25 MASTER BEDROOM King-size bed 400 End table 25 Dresser 300 Cherry chest-of-drawers 400 15" color TV 125 GARAGE AND UTILITY ROOM Lawn mower, gas/push 150 Electric leaf blower 75 Electric hedge clippers 25 Electric weed eater 50 Extra large capacity washer 175 Extra large capacity dryer M TOTAL $6,980 WIFE'S ORIENTAL CARPETS CARPET ESTIMATED VALUE Small Pakistani $ 250 Small Persian 700 Small Persian 700 Large Yemeni 150 Large Khirghiz (China) 2300 TOTAL $4,500 HUSBAND'S ORIENTAL CARPETS CARPET ESTIMATED VALUE Small Afghan $ 600 Small Pakistani 250 Small Pakistani 2SQ TOTAL $1,100 or wirlnVIAIIVIVvr InNn10AL,IIVIVO 1997 YEAR To DATE Fidelity Destiny Plans 1 THOMAS A DEMPSEY 0 UNITED SVCS PLANNING ASSOC INC N V NOREEN N DEMPSEY JT WROS A 4100 S HULEN ST STATEMWTDAIE T 1886 MARY LN CARLISLE PA 17013-1040 L U FORT NORTH TX 76109 05/07/1997 (600) 443 O R -2104 R w6Nr.cRecmamNO. 509-62-6235 PIP Rep 1204 WINTERS AcOwktPO.7049120991-6 Aim DENPSNOREN EST. DATE 9/09/96 IN Re DENCE PIEASB ReRER TO TNH ABOVE NT NUMB DATE - TRANILACTI(N ?T CRDN CRM71DN0 ~'r'+ NITAMOUR yr N17efe0 1/02 ALLOT. PAYNTS 2/03 ALLOT. PAYNTS 3/03 ALLOT. PAYNTS 4/01 ALLOT. PAYMTS 5/01 ALLOT. PAYNTS 5/ 5 6/ 6 7/ 7 e/ s .1i , QUESTIONS-CONTACT YOUR INI\• :1\\ ri •..N. ?} 110NT0r1 PWAAKXAL DATA NRVNxN, INO 5111m NO AONIR r011 erAn erRW WIRANOTIWR001APAW Pm 8= a6o varmat,mAp umm PR= PVR 9KARN TNN 6NARE TRAN4CTrON 36,051 99.25 11.56 8.586 99.25 12.21 8,129 99.25 12.39 8.010 - 99,25 11.59 8.490 99.25 12.21 8.129 PLANS REPRESENTATIVE OR CAM 1-Rnn-77R-R77n TOYAL pwgN OWNNO n06RAL m?rt.NO OHaga 77.395 tmarnArr rAp AaDUar Nn0 om 3 YEAR SYSTEMATIC INVESTMENT 36000.00 800.0 101200.00106/01 Fidelity Destiny Plans n 1 N THOMAS A DEMPSEY E NOREEN N DEMPSEY 3T WROS e 1885 NARY LM r CARLISLE PA 17013-1040 0 R TO MAKI A 0"114111; N Ik w\. Mbex4ibh b hp, a or miss". y P? fm a pNl in IM iom.r Inla,n•IM Caw,Ar.Ra\ to Im .Rawl hgYV.ib. ,.AY ,.q,Am hunhor MIW.laly DC V009 INVES COPY SPONSOR g FIDEAQmIA1j E CORP. cuffoom u0n STATE STREET BAN1r • TRW 00. Q a oNSNw trRN6T tl 80WMK AA ONIN BOSTON, MA Kw..OR900.= NO. 309-62-6235 PIP 200 AMUNT" 7049120991-6ALNA DEMPSNOREN 0EMAR MOMPKATION 57780 BR 000 REPPASMATNE NUMIMNA I 1204 WINTERS 015 PLEASE MAKE(WICK PAYABLE TO, and exam with fats nub ter ON" PINANDIAI DATA I MM INC. P.O. NDR as NONTON, MA UISN•1100 AMOUNT TO BE INVESTED $ +O RWVtUMNrWJ$rA66WALTOOKANaitoOPYouR HLY PAN AaOLWT PLUM 00" BOX N YOUR PAMAWrn A RNDIPM ? OF PREVmaLY WRMORAWN PuNDa o no nnooiooe 1'0491209976 oneoufo. Y i C 1 r S i s 13:17 PNC Barak, NA Pittsburgh, PA 15222 June 21, 1999 Thomas A Dempsey 140 B W Locust Ave. Carlisle, PA 17013 Re: Loan #3001008006225667 To Whom it May Concern, 412 768 5596 P.02/02 PNCBA.Ii K This letter is to advise that the above referenced loan was opened by Mr. Dempsey on August 1. 1996. PNC does not have any record of the original amount of this loam W. Dempsey laid off this loan on May 14,1997 by refinancing. The amount of the loan used to refinance the original loan was $11,500.00. Should you have any questions or need additional assistance, please do not hesitate to contact the at 1-800-233-4171. Sincerely, Steve Romitz Financial Services Officer TOTAL. P.02 HUD SETTLEMENT STATEMENT Page 1 This lam la rurnbhed to gh a you a statement of actual settlement Costs. Amounts paid i :settlement agent are showm Hems marked (POC) were paid outside dosing and are not totals. 'NAME OF BUYER: Thomas A. Dempsey LENbER: PHH Mortgage Services Corporation .PROFERTY LOCATION: 111.8 Partridge Ckde North Middleton Tovmshlp WAYNE F. SHADE, ESQUIRE 63 WEST POMFRET STREET ;101 Contract sales price H02 Personal property 103 Settlement charges to buyer (from line 1400) 104 Change orders BY SELLER IN ADVANCE: -108 County/local taxes 15-Jul-99 to 314Dec-99 107 School taxes 15-Jul-99 to 30-Jun-00 108 Assessments 109 110 91,900.00 401 Contract sales prig 402 Personal property 403 Change orders 5,740.57 404 1,225.00 ADJUSTMENTS FOR !BY SELLER IN ADVAI 405 Countyllocat taxes 115Jul-99 to 1406 School taxes 8.4515-Jul-99 to 1407 Assessments 28.591408 31-Dec-99 3D-Jun-00 0.00 1,225.00 8.45 28.59 AMOUNTS PAID BY OR FOR BUYER: 1502 Payoff of second mortgage ! 201 deposit or earnest money 500.00 0 0 3 Settlement charges to 50 202 Principal amount of loans 3,700.00 93.700: 00 1 seller (from line 1400) .203 Existing loans assumed Existing loans assumed 604 204 Points paid up front by Col. Dempsey 919.001 605 205 506 CREDITS TO BUYER FOR CREDITS TO BUYER FOR ITEMS UNPAID BY SELLER: ITEMS UNPAID BY SELLER: 206 Countyllocaltaxes 1 507 Countyltocal taxes 1-Jan-99 to 15Ju1.99 0.00 1-Jan-99 to 15Jut-99 j 207 School taxes 1 1 508 School taxes I .1-Jul-99 to 115Jul-99 0.00 1-Jul-99 to 15Ju1.99 208 Assessments 509 Assessments I 209 1 510 210 1 511 220 TOTAL AMOUNTS PAID ;520 TOTAL REDUCTIONS BY OR FOR BUYER 95119.00 IN AMOUNT DUE SELLER.. 300 CASH REQUIRED FROM OR PAYABLE 600 CASH TO SELLER TO BUYER AT SETTLEMENT: FROM SETTLEMENT: 301 Gross amount due from buyer .601 Gross amount due seller (from line 120) 98,902.61, (from line 420) 302 Less amounts paid by or for buyer i602 Less total reductions In amount (from line 220) _ _a __ 95,119.00 due seller (from line 520) . _ 1._ 303 CASH FROM (TO) BUYER: 3,783.61:603 CASH TO (FROM SELLER;. TAX PRO-RATION '15-Jul-99 1999 COUNTY/LOCAL TAXES 11999.00 SCHOOL TAXES BILL DUE: BILL DUE: BILL PAID: 16.25 (BILL PAID: 29.73 in the oeuen: Development Corporation, Inc. VA/FIxed 6,149.04 0.00 0.00 _81411.04 93,162.04 8,149.04 _ Y 67,013.U0. 8.45 DUE SELLER 28.59 DUE SELLER 0.00 DUE BUYER 0.00 DUE BUYER SETTLEMENT CHARGES PAID BY PAID BY RUYFR CcllcD 700 TOTAL REALTORS COMMISSION Division of oommission as follows: 5.00% I 4 O0 101 Listing agent: Jr ck Gatrphen Reator - ? 702 Selling agent: Jack Ga hen Realtor BOO ITEMS PAYABLE IN CONNECTION WITH LOAN: 801 Loan odgination fee 802 VA funding lee 1.00% 2.00% 937.00 1838.00 803 Points paid to PHH Mortgage Services $919 POC 804 f ppraisal fee to PHH Mortgage Services 278,00 -- -_-- 805 Credit report fee to PHH Mortgage Services 806 Flood cedidication to PHH Mortgage Servloes Bd7 Mortgage insura_noe fee to 60,00 18,50 ; - 806 Assumption/refina_ fee to 300 ITEMS LENDER REQUIRES BE PAID IN ADVANCE: 301 Interest for - 17.00 day s 17.97 305.49 802 Mortgage insuranee premium 303 Hazard Insuraneq_premium 304 1000 RESERVES DEPOSITED WITH LENDER: 1001 Hazard insurance 2.00 mos..@_ 12.39 per 148.70 per year mo. 24.78 1002 Mortgageinsuren. mos. (? 0.00 per per year mo. i 0.00 6.00 mos. @-? :1004 School taxes mos. @ 1005 Aggregate escrow adjus 1100 TITLE CHARGES: -- • --- 1101 Closing fee to 1102 Title search to T161 Document preparation to 7104 Notary fees to 1105 Attorney fees to Ralph Hommc. ?1 06 Title insurance to C_ T107 Lender's coverage 1 tw Ownees coverage- 11109 Endorsement 100 1110 Endorsement 300 _ •r1111 Endorsement 820 1112 Endorsement 8.1 1113 '1200 GOVERNMENT RE_CORI 1201 Deed 251 T202 Release _ 1203 Stipulation against liens 1204 Local transfer tax (1 %)- 1205 Pennsylvania transfer tax 1206 _1300 ADDITIONAL SETTLME 1301 1999.00 school real eistat 1902 Pest inspection 7303 Waler test to 1304 Water and sewer to Cadis -1305 Middleton Estates Comml 1306 Department of Revenue, 1307 Transaction fee to Jack G 1400 TOTAL SETTLEMENT Cl 503) ---- - - a monu,y eeL$5t)0 -.250.00- - - --- ---- - 2.00 - -- -- -75.00, -- - - I 6,149.04, zZ04eo s Remington Develo enl Corporation, Inc. 4 RELIASTAR ReliaStar United Services Life Insurance Company 4601 N. Fairfax Drive CO. Box 3700 Arlington, Virginia 22203 April 29, 1999 703.875.3400 MAJ Thomas A Dempsey 1408 W Locust Ave Carlisle PA 17013-2310 Re: Policy Number 00207389-5 Dear MAJ Dempsey: We are writing in regard to your recent request. The net cash surrender value of the above stated policy as of April 1, 1996 was $18,172.19. If you have any questions, please feel free to contact our office at 1-800-368-5680. Sincerely, suall, &" Susan Henderson Policyholder Service Department In'the Court of Common Pleas of Cumberland County, Pennsylvania DOMESTIC RELATIONS SECTION P.O. BOX 320, CARLISLE, PA 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 Date: November 12, 1999 Plaintiff Name: Noreen N. Dempsey Defendant Name: Thomas A. Dempsey Docket Number: 869 S 97 PACSES Case Number: 401100005 Other State ID Number: Plmeme Note: All aormeryonAanee mat imlu" the PACRD Came Umber THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears on the last page of this income and expense statement.) INCOME STATEMENT OF THOMAS A. DEMPSEY I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the criminal penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. November 12, 199 Date INCOME Employer: U.S. Army Thomas A. Dempsey Address: USDAO Monrovia, Dept. of State, Washington, D.C. 20521-8800 Type of Work: Army Officer Payroll No. 509626235 Grass Pay per Pay Period $7,518.26 Pay Period (wkly., bi-wkly., etc.) Monthly Itemized Pavroll DpHtirtinnc- Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other Deductions (specify) Medicare Net Pay per Pay Period $5,452.72 Form IN-008 Service Type M Worker ID 21202 Income and Expense Statement PACSES Case No. 401100005 OTHER INCOME (Pill in Appropriato Col umnl WEEK MONTH YEAR Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation IRS Refund Other Other TOTAL TOTAL INCOME (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home: Mortgage/Rent 738.00 Association fee 50.00 Utilities Electric 50.00 Gas 50.00 Oil Telephone 50.00 Page 2 of 6 Form IN-008 Service Type M Worker ID 21202 Income and Expense Statement PACSES Case No. 401100005 (rill in Approprlatn Column) EXPENSES (continued) WEEK MONTH YEAR Water 20.00 Sewer 20.00 Employment: Public Transportation Lunch Taxes: Real Estate Personal Property Income Insurance: Homeowners Automobile 184.00 Life Accident Health Other Automobile: Payments Geo 212.68 Escort 85.34 Fuel Repairs Rental Medical: Doctor Dentist Orthodontist Page 3 of 6 Form IN-008 Service Type M Worker ID 21202 Income and Expense Statement PACSES Case No. 401100005 (F111 In Appropriate Column) EXPENSES (continued) WEEK MONTH YEAR Hospital Medicine Special needs (glasses, braces, orthopedic devices) contact lenses 30.00 Education: Private School Parochial School Personal: Clothing 80.00 Food 1,400.00 Barber/Beautician 20.00 Credit Payments: Joint MC Personal MC Charge Acct AAFES American Appliance Value City Furniture 100.00 200.00 22.00 50.00 50.00 Memberships Dry Cleaning 125.00 Loans: Credit Union Debt Consol. Loan 300.37 Miscellaneous: Child Care Papers/Books/ Magazines 20.00 Entertainment 120.00 Pay TV Vacation Page 4 of 6 Form IN-008 Service Type M Worker ID 21202 Income and Expense Statement PACSES Case No. 401100005 (Fill In Approprlato Column) EXPENSES (continued) WEEK MONTH YEAR Gifts 40.00 Legal Fees 420.00 Partial custody 250.00 Other Child Support 1,867.37 Alimony Payments 616.50 YMCA family membership 50.55 Other: TOTAL EXPENSES $7,221.81 PROPERTY OWNED DESCRIPTION VALUE H H] J Checking Accounts Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL INSURANCE COMPANY POLICY N H W C Hospital Blue Cross Other Medical Blue Shield Other H - Husband W - Wife C - Combined J - Joint Page 5 of 6 Form IN-008 Service Type M Worker ID 21202 Income and Expense Statement . , PACSES Case No. 401100005 INSURANCE COMPANY POLICY 0 f( W C Health/Accident Disability Income Dental Other •• T:FRuuwu„u n - V C 1. - 1.V11Wllle'u u - Joint SUPP1-MMTAL• INCOME STATEHM a. This form is to be filled out by a person (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax return, and (2) The most recent Profit and Loss Statement C. Name of business: Address and telephone number: d. Nature of business (check one) (1) partnership (2) joint venture (3) profession (4) closed corporation (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: Page 6 of 6 Form IN-008 Service Type M Worker ID 21202 2000 14:42 7172490017 WAYNE SHADE PAGE 06 MARITAL ASSETS WIFE'S POSITION 1. Household contents other than the oriental carpets $ 7,000 2. Husband's oriental carpets 1,100 3. Wife's oriental carpets 4,500 4. Fidelity Destiny Plans If 164.831 shares at $15.32 per sham 2,500 2,500.00 5. 1994 Dodge Caravan 7,225 7,225.00 6. 1996 Goo 5,725 5,725.00 7. Reliastar life insurance cash value as of 911/97 17,000 19, 600.00 8. Reliastar life insurance dividends & Interest since 9/1/97 2.600 9. Wife's gold jewelry 1,266 1,266.00 10. Christmas Club 600 11. Savings bonds 3,000 2,349.20 12. Cash removed by Wife from the joint checking account 1,750 13. Husband's IRA at Armed Forces Bank 2,100 2,100.00 14. Wife's IRA at Pioneer 3,400 3,400.00 TOTAL $59,766 44,105.20 3301(c).ml THOMAS A. DEMPSEY, Plaintiff v NOREEN P. DEMPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 97 - 3059 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on June 9, 1997. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about June 12, 1997. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: 0 Noreen Dempsey/Defendant LLI ??. cj CD o J 0 THOMAS A. DEMPSEY, Plaintiff v NOREEN P. DEMPSEY, Defendant : IN THE. COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 3059 CIVIL TERM IN DIVORCE A COURT ORDER AND NOW, this day of January, 2002, upon consideration of the attached 'AL Stipulation, is it hereby ordered and directed that the agreement of the parties entered in the above matter at the Master's conference on December 12, 2000 shall be modified for clarification purposes only as follows: 1. The marital portion of the Husband's pension shall be calculated under a coverture fraction with the numerator being 17.17 years and the denominator being the total years of service for the Member at the date when he retires. 2. In all other respects, the agreement between the parties as placed on the record at the Master's Hearing on December 12, 2000 shall remain in effect. BY THE COURT, J. cc: Hubert X. Gilroy, Esquire Wayne F. Shade, Esquire CIIJUld CUMBERUPUKI CUMr (, UNiY : PE\PJ:iYLtili?y!A Dempsey 12.27.0 Uameq Disk I THOMAS A. DEMPSEY, Plaintiff v NOREEN P. DEMPSEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97 - 3059 CIVIL TERM IN DIVORCE STIPULATION Counsel for the parties in the above reference matter hereby agree that the Court may enter an order as attached for purposes of clarifying the agreement between the parties places on the record on December 12, 2000. This clarification is necessary in light of questions raised by Defense Finance & Accounting Service as relating to the application of Noreen P. Dempsey for payment of a portion of the retired pay of Thomas A. Dempsey. Date: //03/02 Date: i e 3 0 0')6-v0'- ICIAU Hubert X. Gilroy, Esqui Attorney for Noreen P;empsey -! dll1L! ?? Wayneof. Shade, Esquire Attorney for Thomas A. Dempsey BROUJOS & GILROY, P .c. ATTORNEYS AT LAW JOHN H. BROVIOS 4 NORTH HANOVER STREET TBLEIRIoNa: (717) 243.4574 Husma X. GILROY FACSIMILE: (717) 243.8227 CARLISLE, PENNSYLVANIA 17013 INtEmrr.brg11roypce&o1.com NoN•TOLL POR HARRISEURO AREA 717.766.1690 January 4, 2002 The Honorable George E. Hoffer Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Dempsey v Dempsey No. 97 - 3059 Dear Judge Hoffer: You entered a divorce decree in the above referenced matter on December 19, 2000. The divorce order incorporated an agreement reached by the parties at a December 12, 2000 Master Conference. We need a court order modifying the agreement reached at the December 12, 2000 conference. I enclose a stipulation and proposed court order to that effect. Legal counsel for both parties has signed the Stipulation. I ask that you sign the court order so we can proceed with implementing the QDRO. If you have any questions, I will be happy to meet with you on this matter and arrange for Attorney Shade to be present at that meeting. Sincerely yours, ubert X. Gilroy dca Enclosure cc: Wayne F. Shade, Esquire Noreen P. Dempsey ... ,.t..?:; ? ....?.? .. ? ,. THOMAS A. DEMPSEY, Plaintiff NOREEN P. DEMPSEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 97 - 3059 CIVILACTION-LAW IN DIVORCE AMENDED DECREE IN DIVORCE. k AND NOW this day of April, 2002, pursuant to the attached Stipulation of counsel for the parties, it is ordered and decreed that the Decree in Divorce issued in the above matter dated December 19, 2000 is hereby ratified and affirmed in all respects including incorporation of the terms of the Settlement Agreement between the parties as placed on the Record before the Master on December 12, 2000. BY THE COURT, J. cc: Wayne F. Shade, Esquire Hubert X. Gilroy, Esquire ,, flu, 9,- OF ),AAY 021 I 1 Ati 8: 28 THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO.91-3osl CIVIL ACTION - LAW NOREEN P. DEMPSEY, Defendant : IN DIVORCE STIPULATION Legal counsel for the parties hereby agree and stipulate that the Court may sign the attached Amended Decree in Divorce. Date: 2_ 3 d o O;L ?46u( Zao Wayn F. Shade, Esquire Attorney for Plaintiff Thomas A. Dempsey Date: ?{ Q a ??) Hubert X. Gilroy, Es ire Attorney for Defen nt Noreen P. Dempsey 0 I H Illy -?•?. ?'1? ryi C a L;; 14. v o U THOMAS A. DEMPSEY, Plaintiff v NOREEN P. DEMPSEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.97-3059 CIVIL IN DIVORCE, SECOND AMENDED DECREE IN DIVORCE AND NOW, this A day of , 2003, pursuant to the attached Stipulation of Counsel for the parties, it is or 0rcd and directed as follows: 1. The Decree in Divorce issued in the above referenced matter dated December 19, 2000 and amended by Order of April 10, 2002 is hereby ratified and affirmed in all respects including incorporation of the terms of the Settlement Agreement between the parties as placed on the Record before the Master on December 12, 2000, subject to modification of the Settlement Agreement by Order of January 10, 2002, and further subject to the modification of the Settlement Agreement as set forth below. 2. The service member is Thomas Arthur Dempsey with a Social Security Number of 509-62-6235. The beneficiary of SBP is Noreen P. Dempsey. The retired pay office DFAS-CL/FRB is authorized to implement Noreen P. Dempsey's election of survivors benefits in connection with the pension of Thomas Arthur Dempsey in accordance with this order. 3. Paragraph 4 of the Settlement Agreement placed on the record on December 12, 2000 is modified to read as follows: 4. Wife elects the survivor benefits in connection with Husband's pension. Husband agrees that Wife will be the beneficiary of said survivors benefits, the cost of the survivor benefit will be deducted from the monthly benefit prior to the division of the pension. BY THE COURT, cc: Hubert X. Gilroy, Esquire Wayne F. Shade, Esquire BY J. VVNI THOMAS A. DEMPSF.Y, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO.97-3059 CIVIL NOREEN 1'. DEMPSEY, Defendant : IN DIVORCE STIPULATION Counsel for the parties in the above referenced matter hereby agree that the court may enter an order as attached for purposes of clarifying the agreement between the parties placed on the Record on December 12, 2002. This clarification is necessary in light of the questions raised by Defense Finance and Accounting Service as relating to the application of Noreen P. Dempsey for payment of a portion of the retired pay of Thomas A. Dempsey. Date: d Date: KA9 flue b/ert X. Gilroy, Esquir Attorney for Noreen P.10empsey WaynelF. Shade, Esquire Attorney for Thomas A. Dempsey Cu, t 7i'u.?' _? uuL u- cn U v U THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NOREEN P. DEMPSEY, DEFENDANT : 97-3059 CIVIL TERM ORDER OF COURT AND NOW, this Ph day of July, 2006, upon consideration of the within Petition and upon Motion of Wayne F. Shade, Esquire, Attorney for Plaintiff, a Rule is issued upon Defendant to show cause why the agreed alimony in favor of Defendant herein should not be terminated. Rule is returnable within 7 days of service hereof, with a hearing to be held on Wednesday, July 26, 2006 at 10:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that each party in this case shall file with the Court a pre-hearing memorandum containing the following: 1. A list of all fact witnesses and a brief synopsis of their testimony; 2. A list of all exhibits to be introduced by the party; 3. A legal brief in support of the party's position regarding the issue. These items will be filed with this Court on or before July 19, 2006 at noon. By the Court, ???4 l ^ M. L. Ebert, Jr., O?. 0 '? - _?_ ?•- .IL ?_ ?i Wayne F. Shade, Esquire Attorney for Plaintiff Hubert X. Gilroy, Esquire Attorney for Defendant bas a - z0 z o < > a o ? ? w a .. F A y O Op ' O °d W } y z O u - 0 vi -a F- oFCOZ- U , O C Rwv ?'. in U O? ?V ° 0 < am n: E6 u r ? 0 4u1 tail QC. > Zip >?O? O O z - z n THOMAS A. DEMPSLY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 97-3059 CIVIL TERM NOREEN P. DEMPSEY, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of 2006,upon consideration of the within Petition and upon Motion of Wayne F. Shade, Esquire, attorney for Plaintiff, a Rule is issued upon Defendant to show cause why the agreed alimony in favor of Deli;ndant herein should not be terminated. Rule returnable within days of date of service hereof, with a hearing to be held on , 2006, in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, WAYN1'. F. SHADE Auamn or lax t) wem P"Mrra Sltt<I Cadmic. 1%mny1%znu 17013 Wayne F. Shade, Esqui,c Attorney for Plaintiff Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. Attorneys for Defendant THOMAS A. DEMPSEY, Plaintiff V. NOREEN P. DEMPSEY Defendant : IN THE COURT of., COMMON PLEAS OF : CUM13ERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 97-3059 CIVIL TERM : IN DIVORCE PLAINTIFF'S PETITION FOR TERMINATION OF ALIMONY TO THE HONORABLE, THE JUDGES OF SAID COURT': The Petition of Plaintiff THOMAS A. DEMPSEY, by his attorney, Wayne F. Shade, Esquire, respectfully represents, as follows: Petitioner THOMAS A. DEMPSEY is an adult individual and the Plaintiff herein who resides at 1 I 1-I3 Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent NOREEN P. DEMPSEY is an adult individual and the Defendant WAYNI. r. SHADE Anwmh l 33 wot im., Cadak, P.nnmhanta 171113 herein who is represent-M of record herein by I lubert X. Gilroy, Esquire, with offices at Broujos & Gilroy, P.C.. 4 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. On December I Sit 2000, a Decree in Divorce was entered in the above-captioned matter. The parties are referenced hereinafter for convenience, respectively, as Husband and Wife. 4. Prior to issuance of the Decree, the parties entered into a written agreement dated December 12, 2000, a copy of which is attached hereto. 5. The agreement provided, inter alia, in $9, as follows: 9. The existing spousal support award in the amount of $779.09 shall be converted to alimony payable through the Domestic Relations Office. Alimony is modifiable in the event of a substantial change in circumstances. Alimony is terminable in the event of the death, remarriage, or cohabitation of wife with an adult male who is not related to her within the degrees of consanguinity. 6. The agreement further provided, in $$3 through 5 inclusive, as follows: 3. The numerator of the coverture fraction with respect to husband's pension will be 17.17. 4. If wife elects the survivor benefit in connection with husband's pension, the cost of the survivor benefit will be deducted from the monthiv benefit prior to the division of the pension. WAYNL E $IIADE Allwwv at IIN S) wol Ibmfrd SIrM Cackle, I-cm "nia 17013 5. Wife i; awarded 60% of the coverturc portion of husband's pension as reduced by the cost of any survivor benefit. -2- 7. Husband will be retiring from the United States Army on July 31, 2006. 8. Effective Augus. I, 2006, Wife's share of Husband's military pension will be in excess of $2,000 per month. 9. Husband believes and therefore avers that Wifc's receipt of more than $2,000 of Husband's military pension represents a change in circumstances that is sufficiently substantial to justify termination of the alimony award in the amount of $779.09 per month. 10. Husband has asked that Wife agree to termination of the alimony order eftbctive July 31, 2006, but Wifc is unwilling to agree to termination of alimony. Husband will be leaving on July 31, 2006, for the country of Liberia where he will be for at least a year as a civilian liaison for the Ministry of Defcnsc of Liberia. WA\'NI: F. SIIAUI Allmms at law 33 wn1 IN"I' 9 Stmt Cadide, Panm,hania 171113 -3- 12. Husband requests the issuance of a Rule to Show Cause why the agreed alimony should not be terminated upon the basis of a substantial change in circumstances as provided in the aforesaid agreement between the parties. WHEREFORE, Plaintiff respectfully requests that your Honorable Court issue a Rule upon Defendant to show cause why the agreed alimony should not be terminated on the basis of a substantial change in circumstances. ??? Wayn Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE R SIIAaI Ailtwo) a11a" 53 W" NiMM15uw1 Cadulc, Itmm,l?aou 17011 -4- The statements i i the loregoing Petition lbr Termination of Alimony are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. 1 have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification tc authorities. Date: June 27, 2006 Thomas A. Der se WAYNE R SI IAaI An«ne5 a1 law 53 N'n114nnfrcl SIm1 Cad We. Iknm%Hania 171113 > ?'? y n- - - i ? . L+.?' ' `;. - `" i :i n:. l L l? _J _ y F`• ? U v CJ THOMAS A. DEMPSEY, Plaintiff Vs. NOREEN P. DEMPSEY, Defendant THE MASTER: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 3059 CIVIL IN DIVORCE Today is Tuesday, December 12, 2000. This is the date set for a Masters hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Thomas A. Dempsey, and his counsel Wayne F. Shade, and the Defendant, Noreen P. Dempsey, and her counsel Hubert X. Gilroy. The action was commenced by the filing of a complaint in divorce on June 9, 1997, raising grounds for divorce of irretrievable breakdown of the marriage. Husband filed an affidavit and wavier with the Prothonotary on September 19, 2000; wife filed an affidavit and waiver today, December 12, 2000. The divorce can, therefore, be concluded under Section 3301(c) of the Domestic Relations Code. The Defendant filed a petition raising economic claims on August 19, 1999. The claims raised were equitable distribution, alimony, and counsel fees and costs. The parties were married on July 5, 1980, and are the natural parents of three children. After an appearance here on September 7, 2000, the parties placed a partial agreement on the record with respect to the numerator on the coverture fraction and agreed the parties separated in September 1997. The Master has been advised that the parties have reached a comprehensive agreement on the remaining economic issues. The agreement is going to be placed on the record in the presence of the parties. . Th.e agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, when the parties leave the hearing room today, they will be bound by the terms of the agreement, whether or not they have subsequently signed the document affirming the terms of settlement, as placed on the record. The parties will return later today to review the draft of the agreement and make correction of typographical errors and then affix their signatures affirming the terms of settlement. Part of the agreement will involve a trust of insurance for the benefit of the parties' children. Mr. Shade has indicated he may have a draft of the trust document available this afternoon when the parties return, for review by Mr. Gilroy. If he does not, however, the trust document will be subsequently prepared and reviewed and will be addressed by Mr. Shade as to its terms generally in the agreement. The Master understands that if the parties ultimately cannot agree to the details of the trust, that they will leave it up to the Court to set the specific terms. After the Master has been provided a completed agreement, which includes the trust document, he will prepare an order vacating his appointment and counsel will.then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Shade. MR. SHADE: 1. Husband will be awarded the oriental carpets in his possession, his ReliaStar life insurance policy, the IRA account in his name, and the Geo Metro automobile. 2. Wife will be awarded all other marital property with the exception of husband's United States Army pension. 3. The numerator of the coverture fraction with respect to husband's pension will be 17.17. 4. If wife elects the survivor benefit in connection with husband's pension, the cost of the survivor benefit will be deducted from the monthly benefit prior to the division of the pension. 5. Wife is awarded 608 of the coverture portion of husband's pension as reduced by the cost of any survivor benefit. 6. Husband will assume the obligation for payment of the balances of any marital debt which are reflected in Plaintiff's Exhibit No. 11, the original of which is attached hereto and incorporated herein by reference as fully set € forth. 7. If wife elects to purchase a residence in Cumberland County, Pennsylvania, or any of the counties which border Cumberland County, before the daughter of the parties is graduated from high school, husband will pay into escrow with counsel for husband, upon presentation of a fully executed copy of an agreement of sale, the sum of $4,500.00 to be presented at closing on the purchase of the real estate as the funds of wife. - B. If wife moves from any dwelling that she purchases under the provisions of item seven above before the daughter of the parties is graduated from high school, she will refund to husband the sum of $4,500.00, so long as husband has not previously relocated outside the Commonwealth of Pennsylvania. 9. The existing spousal support award in the amount of $779.09 shall be converted to alimony payable through the Domestic Relations Office. Alimony is modifiable in the event of a substantial change in circumstances. Alimony is terminable in the event of the death, remarriage, or cohabitation of wife with an adult male who is not related to her within the degrees of consanquinity. 10. Husband will maintain the existin policy on his life in the face amount of Michael is graduated from high school. that policy will be designated as a life the benefit of all three children of the is graduated from high school. I SGLI life insurance $200,000.00 until The beneficiary of insurance trust for parties until Michael 11. All other marital claims are waived. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SHADE: Colonel Dempsey, you have been present here today throughout the introductory provisions of this order by the Master and throughout my statement on the record of the agreement of the parties. Have you heard everything that has been stated in that respect? COLONEL DEMPSEY: Yes, I have. MR. SHADE: And are you in agreement with everything that has been stated? COLONEL DEMPSEY: Yes, I am. MR. SHADE: And do you acknowledge this agreement fully, freely, and voluntarily with the benefit of my advice?. COLONEL DEMPSEY: Yes, I do. MR. GILROY: Noreen, you've been here while Mr. Shade read the details of the agreement; is that correct? MS. DEMPSEY: Yes. MR. GILROY: And you've had an opportunity to review that agreement with me in private conference prior to these proceedings? MS. DEMPSEY: Yes. MR. GILROY: And are you satisfied with the agreement and the information and advice you have received so far? MS. DEMPSEY: Yes, i am. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: s 1 t 1 00 Wa a F.-Shade Thomas A ps Attorney for Plaintiff (a.110100 t" a P Hubert X. Gily Noreen P. Dempsey Attorney forefendant MARITAL DEBT PNC Bank bill consolidation loan principal PNC Bank bill consolidation loan interest 42 months Geo Metro loan at $212.48 per month USAA Mastercard principal USAA Mastercard interest AAFES TOTAL $11,000 1,600 8,900 4,000 1,200 so $27,500 PLAINTIFF'S EXHIBIT ?; ?- E tir r I .!ij 'J 6 `In y THOMAS A. DEMPSCY, : IN TI IL'• COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 97-3059 CIVIL TERM NOREEN 1'. DEMPSEY, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of 2006, upon consideration of the within Petition and upon Motion of Wayne F. Shade, Esquire, attorney for Plaintiff, a Rule is issued upon Defendant to show cause why the agreed alimony in favor of Defendant herein should not be terminated. Rule returnable within held on days of date of service hereof, with a hearing to be 2006, in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, J. WAYNE F. SHADE Att n I?w 53 We Pumfm Slroet Cadssle, Iknnsyleanu 17U13 Wayne F. Shade, Esquire Attorney for Plaintiff Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. Attorneys for Defendant AND NOW, this day of THOMAS A. DEMPSE:Y, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. NO. 97-3059 CIVIL. TERM NOREEN P. DEMPSEY, Defendant : IN DIVORCE ORDER OF COURT ...'..[,V, .J Yl '10' G b 2006,upon consideration of the within Petition and upon Motion of Wayne F. Shade, Esquire, attorney for Plaintiff, a Rule is issued upon Defendant to show cause why the agreed alimony in favor of Defendant herein should not be terminated. Rule returnable within held on days of date of service hereof, with a hearing to be 2006, in Courtroom No. of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, J. WAYNE F. SHADE Allornty al law 33 West Purrxiel street Carlisle. Pennsylvania 17013 Wayne F. Shade, Esquire Attorney for Plaintiff Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. Attorneys for Defendant JoHN H. BRmgos Hussar X. Qum BROUJOS & GILROY, P: c. ATTORNEYS AT LAW 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 July 11, 2006 The Honorable M. L. Ebert, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Dear Judge Ebert: Dempsey v. Dempsey -7/1? ?"q 5 Tmmom: (717) 2434574 FAcsiMiLB: (717) 243-8227 jbroujos®broujosgaroycom hgaroyObroujosgilroycom NoN-Tou. POR Hmmpuaa AREA 717-766.1690 On July 6, 2006, Attorney Wayne Shade filed a Petition for Termination of Alimony in the above referenced case. On July 7, 2006, you scheduled a hearing in this case on July 26, 2006 at 10:30 a.m. 1 am requesting a conference in chambers with you and Attorney Shade to address the possible rescheduling of the hearing for the following reasons: The primary basis for the Petition is a suggestion that Colonel Dempsey will retire effective July 31, 2006 after which the parties will each begin to receive a portion of his military retirement. From Mrs. Dempsey's perspective, this retirement is a marital asset distributed pursuant to the Divorce Settlement/Decree and is not an appropriate basis for modifying alimony. Regardless, our information is that we will not know the amount of the pension for at least three or four months and Mrs. Dempsey will not be receiving any of the pension monies until that time. Without that information available on July 261h, I suggest that hearing will be unnecessary and should be delayed until the pension information is available. 2. Upon Colonel Dempsey's retirement, our understanding is that he will be taking a new job that will more than double his current income. This should result in a modification of the existing Support Order through DRO for the one child currently in Mrs. Dempsey's custody and for which Colonel Dempsey is paying support. My view is that we need to know the details of the support modification in order for the Court to understand the accurate financial circumstances of the parties in order to evaluate a request to modify alimony. Mrs. Dempsey cannot rile a child support increase request until Colonel Dempsey's income actually does increase effective July 31, 2006. The Honorable M. L. Ebert, Jr. July 11, 2006 Page Two 3. Based upon the dramatic increase in income for Colonel Dempsey with his new job, I believe Mrs. Dempsey will be entitled to seek an increase in alimony. We may need to explore certain discovery to address the alimony issue, and we should not be expected to address a termination of alimony request on a three-week turn around. As can be seen from the Settlement Agreement/Order attached to the Petition, the parties were married approximately 20 years and the primary financial assets coming from the marriage were the husband's pension and the husband's earning capacity. We need to explore these Issues before the Court entertains a modification on the alimony. I would be happy to make myself available to meet with Wayne and you in chambers, and I would be happy to facilitate that meeting. Hubert X. Gilroy Pn Cc: Wayne Shade, Esquire (via facsimile) This is being hand delivered. THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NOREEN P. DEMPSEY, DEFENDANT 97-3059 CIVIL TERM ORDER OF COURT AND NOW, this 181' day of July, 2006, after conference with counsel in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that the hearing previously scheduled for July 26, 2006 is cancelled. Counsel are excused from filing the legal memorandum due by July 19, 2006. IT IS FURTHER ORDERED AND DIRECTED that this matter is generally continued to the call of the parties for hearing during November, 2006 at which time the financial situation of both parties should be clarified in regard to new employment, pension benefit payments and child support requirements. w1 ayne F. Shade, Esquire Attorney for Plaintiff A ubert X. Gilroy, Esquire Attorney for Defendant bas i ?n \ By the Court, 4 1 qq - 3o5q Demp-a"D y vs bei,,p5ey All Filings before ? J'? `o Have not been scanned! THOMAS A. DEMPSEY, Plaintiff V. NOREEN P. DEMPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-3059 CIVIL TERM IN DIVORCE PLAINTIFF'S PETITION FOR TERMINATION OF ALIMONY TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Plaintiff THOMAS A. DEMPSEY, by his attorney, Wayne F. Shade, Esquire, respectfully represents, as follows: 1. Petitioner THOMAS A. DEMPSEY is an adult individual and the Plaintiff herein who resides at 111-B Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent NOREEN P. DEMPSEY is an adult individual and the Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 herein who is represented of record herein by Hubert X. Gilroy, Esquire, with offices at Broujos & Gilroy, P.C., 4 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. On December 19, 2000, a Decree in Divorce was entered in the above-captioned matter. The parties are referenced hereinafter for convenience, respectively, as Husband and Wife. 4. Prior to issuance of the Decree, the parties entered into a written agreement dated December 12, 2000, a copy of which is attached hereto. 5. The agreement provided, inter alia, in ¶9, as follows: 9. The existing spousal support award in the amount of $779.09 shall be converted to alimony payable through the Domestic Relations Office. Alimony is modifiable in the event of a substantial change in circumstances. Alimony is terminable in the event of the death, remarriag,: , or cohabitation of wife with an adult male who is not related to her within the degrees of consanguinity. 6. The agreement further provided, in ¶¶3 through 5 inclusive, as follows: 3. The numerator of the coverture fraction with respect to husband's pension will be 17.17. 4. If wife elects the survivor benefit in connection with husband's pension, the cost of the survivor benefit will be deducted from the month1v benefit prior to the division of the pension. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 5. Wife i i awarded 60% of the coverture portion of husband's pension as reduced by the cost of any survivor benefit. -2- 7. Husband will be retiring from the United States Army on July 31, 2006. 8. Effective Augus-L 1, 2006, Wife's share of Husband's military pension will be in excess of $2,000 per month. 9. Husband believes and therefore avers that Wife's receipt of more than $2,000 of Husband's military pension represents a change in circumstances that is sufficiently substantial to justify termination of the alimony award in the amount of $779.09 per month. 10. Husband has asked that Wife agree to termination of the alimony order effective July 31, 2006, but Wife is unwilling to agree to termination of alimony. 11. Husband will be leaving on July 31, 2006, for the country of Liberia where he will be for at least a year as a civilian liaison for the Ministry of Defense of Liberia. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- 12. Husband requests the issuance of a Rule to Show Cause why the agreed alimony should not be terminated upon the basis of a substantial change in circumstances as provided in the aforesaid agreement between the parties. WHEREFORE, Plaintiff respectfully requests that your Honorable Court issue a Rule upon Defendant to show cause why the agreed alimony should not be terminated on the basis of a substantial change in circumstances. A6ei? /Z;4 Wayne/F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 1'7013 -4- The statements in the foregoing Petition for Termination of Alimony are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: June 27, 2006 Thomas A. De se WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 _ ?,.) ( l \ { - _`? ? "? ,,. ?, .. + I i?? ?- Y? t ? i ... ?, ..-- ?...w .?..? ? 1 ! i,l ,. e, ' \ THOMAS A. DEMPSEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NOREEN P. DEMPSEY, DEFENDANT 97-3059 CIVIL TERM ORDER OF COURT AND NOW, this 7`h day of July, 2006, upon consideration of the within Petition and upon Motion of Wayne F. Shade, Esquire, Attorney for Plaintiff, a Rule is issued upon Defendant to show cause why the agreed alimony in favor of Defendant herein should not be terminated. Rule is returnable within 7 days of service hereof, with a hearing to be held on Wednesday, July 26, 2006 at 10:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that each party in this case shall file with the Court a pre-hearing memorandum containing the following: 1. A list of all fact witnesses and a brief synopsis of their testimony; 2. A list of all exhibits to be introduced by the parry; 3. A legal brief in support of the party's position regarding the issue. These items will be filed with this Court on or before July 19, 2006 at noon. By the Court, 1 n M. L. Ebert, Jr., O tM n '17 r%I Wayne F. Shade, Esquire Attorney for Plaintiff Hubert X. Gilroy, Esquire Attorney for Defendant bas THOMAS A. DEMPSEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NOREEN P. DEMPSEY, DEFENDANT 97-3059 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of July, 2006, after conference with counsel in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that the hearing previously scheduled for July 26, 2006 is cancelled. Counsel are excused from filing the legal memorandum due by July 19, 2006. IT IS FURTHER ORDERED AND DIRECTED that this matter is generally continued to the call of the parties for hearing during November, 2006 at which time the financial situation of both parties should be clarified in regard to new employment, pension benefit payments and child support requirements. A'ayne F. Shade, Esquire Attorney for Plaintiff ,,1iutobert X. Gilroy, Esquire , Attorney for Defendant bas L. Ebert, Jr., By the Court, t ? ,.?h ??'.?: 9 t?;3 ? ? t `' ,,_,,L N. ??; i -il?? -' ???'? THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. : NO. 97-3059 CIVIL TERM NOREEN P. DEMPSEY, Defendant : IN DIVORCE PLAINTIFF'S MOTION FOR HEARING TO THE HONORABLE, THE JUDGES OF SAID COURT: The Motion of Plaintiff THOMAS A. DEMPSEY, by his attorney, Wayne F. Shade, Esquire, respectfully represents, as follows: THOMAS A. DEMPSEY is an adult individual and the Plaintiff herein who resides at 111-B Partridge Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. NOREEN P. DEMPSEY is an adult individual and the Defendant herein who is represented of record herein by Hubert X. Gilroy. Esquire, with offices at Martson, Deardorff, Williams, Otto, Gilroy & Faller, 10 East High Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. On July 18, 2006, your Honorable Court, in the person of the Honorable M.L. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Ebert, Jr., J., continued, generally, a hearing scheduled for July 26, 2006, upon Plaintiff s Petition for Termination of Alimony. A copy of the Order of July 18, 2006, is attached hereto and incorporated herein by reference as though fully set forth. 4. Col. Dempsey will be returning to Carlisle, Pennsylvania, on or about April 2, 2007. WHEREFORE, Plaintiff respectfully requests the rescheduling of the previously scheduled hearing herein as soon thereafter as the schedule of your Honorable Court will permit. Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- THOMAS A. DEMPSEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NOREEN P. DEMPSEY, DEFENDANT 97-3059 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of July, 2006, after conference with counsel in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that the hearing previously scheduled for July 26, 2006 is cancelled. Counsel are excused from filing the legal memorandum due by July 19, 2006. IT IS FURTHER ORDERED AND DIRECTED that this matter is generally continued to the call of the parties for hearing during November, 2006 at which time the financial situation of both parties should be clarified in regard to new employment, pension benefit payments and child support requirements. By the Court, _k' ?_AA \ / N M. L. Ebert, Jr., J. Wayne F. Shade, Esquire Attorney for Plaintiff Hubert X. Gilroy, Esquire Attorney for Defendant bas TRUE COPY r'r'F.. v' t cf'M la 'Iesfsv;;ony vvh, st ,e ??.i r, y hand and a sJ as of said Cou at ar" ie, i'a. f! 4 ! ..7.... day . 64 C'? N ? 4 ..? m? -c? rSyr; ? ? ?# ?'t; :' N ?r ,? ? -t =. c:;,? -c3 ?- ?; t ? ? ?? ? ? drn ?~ ? ?• ?' W --a _, _1% THOMAS A. DEMPSEY, PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-3059 CIVIL TERM ORDER OF COURT AND NOW, this 28'" day of March, 2007, upon consideration of the NOREEN P. DEMPSEY, DEFENDANT Plaintiff's Motion for a Hearing regarding the Termination of Alimony, a hearing shall be held on Wednesday, July 25, 2007 at 9:30 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that each party in this case shall file with the Court a pre-hearing memorandum containing the following: 1. A list of all fact witnesses and a brief synopsis of their testimony; 2. A list of all exhibits to be introduced by the party; 3. A legal brief in support of the party's position regarding the issue. These items will be filed with this Court on or before July 23, 2007 at noon. By the Court, M. L. Ebert, Jr., /ne F. Shade, Esquire Attorney for Plaintiff ubert X. Gilroy, Esquire Attorney for Defendant bas 4? J. J?.l a r .c um 6z ?,,m LOOZ THOMAS A. DEMPSEY, Plaintiff V. NOREEN P. DEMPSEY Defendant IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA NO. 97-3059 CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this?idday of April, 2007, it is ordered and directed that the Hearing regarding the Termination of Alimony scheduled for July 25, 2007 in Court Room No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania be rescheduled to the 3 day of ?, 2007 at q: 3 p A m. By the Court, cc: Alubert X. Gilroy, Esquire Attorney for Defendant ?ne F. Shade, Esquire Attorney for Plaintiff srb F: \FILES\DATAFILE\Genaal\Current\ 12503\ 12503 ORDER lv? M. L. Ebert, Jr. J. VINVA?AS 1Nd 1iNn #;. ; P .- --39mno L Z: I I WV ? Z M LOOZ A8VIONG-HiOdd 3HI 30 THOMAS A. DEMPSEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NOREEN P. DEMPSEY, DEFENDANT 97-3059 CIVIL TERM ORDER OF COURT AND NOW, this 29th day of June, 2007, due to a conflict with the Court's schedule, the hearing currently scheduled for August 3, 2007 at 9:30 is hereby continued until Friday, September 7, 2007 at 10:00 a.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. IT IS FURTHER ORDERED AND DIRECTED that each party in this case shall file with the Court a pre-hearing memorandum containing the following: 1. A list of all fact witnesses and a brief synopsis of their testimony; 2. A list of all exhibits to be introduced by the party; 3. A legal brief in support of the party's position regarding the issue. These items will be filed with this Court on or before August 27, 2007 at noon. By the Court, X ?DOayne F. Shade, Esquire ??Attorney for Plaintiff J . Gilroy, Esquire ert X XA11 orney for Defendant bas vo, -?, ?AAI M. L. Ebert, Jr., J. ?Z :Z Wd R fib' LOOZ THOMAS DEMPSEY, Plaintiff V NOREEN DEMPSEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97-3059 CIVIL TERM CIVIL ACTION - LAW IN RE: PETITION TO TERMINATE ALIMONY ORDER OF COURT AND NOW, this 7th day of September, 2007, after hearing in the above-captioned matter, IT IS HEREBY ORDERED AND DIRECTED that counsel shall supply legal memorandums on the issues presented in this case on or before the close of business on September 14, 2007. ayne F. Shade, Esquire For the Plaintiff /or ert X. Gilroy, Esquil For the Defendant :mtf J By the Court, KLN nfi A?Wt 90 -.01 WV I I d3S LI Z MWjHlQdd 341 :0 30i110-(nlU THOMAS A. DEMPSEY, Plaintiff IN THE COURT OF COMMON PLEAS OF V. CUMBERLAND COUNTY, PENNSYLVANIA NOREEN P. DEMPSEY NO. 97-3059 CIVIL TERM , Defendant CIVIL ACTION -LAW ORDER OF COURT AND NOW, this 27th day of November, 2007, after Terminate Alimony, hearing on the petition to IT IS HEREBY ORDERED AND DIRECTED that the Petition is DENIED. By the Court, Rayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 Attorney for Plaintiff Xbert X. Gilroy, Esquire Jennifer L. Spears, Esquire Martson Deardorff Williams Otto Gilroy?Faller 10 East High Street Carlisle, PA 17013 Attorneys for Defendant J M• Lb Jr. no ZZ LZ LIEN SATISFACTION Name: Thomas Dempsey Member Number: M#8610100016 Judgment Lien Satisfied as of: 4/28/08 Amount Paid: $ 2094.12 Signed: GiL'M- t5/ ,cep (Lien Coordinator) Pacses# 964100002 No. 97-3059 CV DR# MAY 2 3 2008 (Date) CC722 C? N (73 o ?- r r Q Y? THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 97-3059 CIVIL TERM NOREEN P. DEMPSEY, Defendant : IN DIVORCE PLAINTIFF'S PETITION FOR TERMINATION OR REDUCTION OF ALIMONY TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Plaintiff THOMAS A. DEMPSEY, by his attorney, Wayne F. Shade, Esquire, respectfully represents, as follows: 1. Petitioner THOMAS A. DEMPSEY is an adult individual and the Plaintiff herein who resides at 11 Woodview Drive, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Respondent NOREEN P. DEMPSEY is an adult individual and the Defendant herein who is represented of record herein by Hubert X. Gilroy, Esquire, with offices at Martson Law Offices, 10 East High Street, Carlisle, Cumberland County, Pennsylvania 17013. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 3. On December 19, 2000, a Decree in Divorce was entered in the above-captioned matter. The parties are referenced hereinafter for convenience, respectively, as Husband and Wife. 4. Prior to issuance of the Decree, the parties entered into a written agreement dated December 12, 2000, a copy of which is attached hereto. 5. The agreement provided, inter alia, in T 9, as follows: 9. The existing spousal support award in the amount of $779.09 shall be converted to alimony payable through the Domestic Relations Office. Alimony is modifiable in the event of a substantial change in circumstances. Alimony is terminable in the event of the death, remarriage, or cohabitation of wife with an adult male who is not related to her within the degrees of consanguinity. 6. Husband is currently employed as a civilian professor at the United States Army War College. 7. Husband's employment will end at the end of September of 2009 due to funding cuts. WAYNE F. SHADE Attorney at law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- 8. Husband is making diligent efforts to obtain alternative employment, but he is not finding success under current economic conditions. 9. Husband has asked that Wife agree to termination or reduction of the alimony order effective with the termination of his current employment, but Wife is unwilling to agree to termination or reduction of alimony. 10. Husband requests the issuance of a Rule to Show Cause why the agreed alimony should not be terminated or reduced upon the basis of a substantial change in circumstances as provided in the aforesaid agreement between the parties. WHEREFORE, Plaintiff respectfully requests that your Honorable Court issue a Rule upon Defendant to show cause why the agreed alimony should not be terminated or reduced on the basis of a substantial change in circumstances. Gam/ Wayne F .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff -3- Wayne F. Shade, Esquire, states that he is the attorney for the Petitioner herein; that he makes this verification based upon facts which are within his personal knowledge, information or belief and that any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: August 31, 2009 Wayne F. hade Attorney for Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 THCM:AS A. DEMPSEY, Plaintiff Vs. NCREEN P. DEMPSEY, Defendant , THE MASTER: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 3059 CIVIL IN DIVORCE Today is Tuesday, December 12, 2000. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Thomas A. Dempsey, and his counsel Wayne F. Shade, and the Defendant, Noreen P. Dempsey, and her counsel Hubert X. Gilroy. The action was commenced by the filing of a complaint in divorce on June 9, 1997, raising grounds for divorce of irretrievable breakdown of the marriage. Husband filed an affidavit and wavier with the Prothonotary on September 14, 2000; wife filed an affidavit and waiver today, December 12, 2000. The divorce can, therefore, be concluded under Section 3301(c) of the Domestic Relations Code. The Defendant filed a petition raising economic claims on August 19, 1999. The claims raised were equitable distribution, alimony, and counsel fees and costs. The parties were married on July 5, 1950, and are the natural parents of three children. After an appearance here on September 7, 2000, the parties placed a partial agreement on the record with respect to the numerator on the coverture fraction and agreed the parties separated in September 1997. The Master has been advised that the parties have reached a comprehensive agreement on the remaining economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, when the parties leave the hearing room today, they will be bound by the terms of the agreement, whether or not they have subsequently signed the document affirming the terms of settlement, as placed on the record. The parties will return later today to review the draft of the agreement and make correction of typographical errors and then affix their signatures affirming the terms of settlement, Part of the agreement will involve a trust of insurance for the benefit of the parties' children. Mr. Shade has indicated he may have a draft of the trust document available this afternoon when the parties return, for review by Mr. Gilroy. If he does not, however, the trust document will be subsequently prepared and reviewed and will be addressed by Mr. Shade as to its terms generally in the agreement. The Master understands that if the parties ultimately cannot agree to the details of the trust, that they will leave it up to the Court to set the specific terms. After the Master has been provided a completed agreement, which includes the trust document, he will prepare an order vacating his appointment and counsel will then be in a position to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Shade. MR. SHADE: 1. Husband will be awarded the oriental carpets in his possession, his ReliaStar life insurance policy, the IRA account in his name, and the Geo Metro automobile. 2. Wife will be awarded all other marital property with the exception of husband's United States Army pension. 3?. The numerator of the coverture fra tic 'on with respect to husband's pension will be 17.17. 4. If wife elects the survivor benefit in connection with husband's pension, the cost of the survivor benefit will be deducted from the monthly benefit prior to the division of the pension. 5. Wife is awarded 60% of the coverture portion of husband's pension as reduced by the cost of any survivor benefit. 6. Husband will assume the obligation for payment of the balances of any marital debt which are reflected in Plaintiff's Exhibit No. 11, the original of which is attached hereto and incorporated herein by reference as fully set forth. 7. If wife elects to purchase a residence in Cumberland County, Pennsylvania, or any of the counties which border Cumberland County, before the daughter of the parties is graduated from high school, husband will pay into escrow with counsel for husband, upon presentation of a fully executed copy of an agreement of sale, the sum of $4,500.00 to be presented at closing on the purchase of the real estate as the funds of wife. 8. If wife moves from any dwelling that she purchases under the provisions of item seven above before the daughter of the parties is graduated from high school, she will refund to husband the sum of $4,500.00, so long as husband has not previously relocated outside the Commonwealth of Pennsylvania. 9. The existing spousal support award in the amount of $779.09 shall be converted to alimony payable through the Domestic Relations Office. Alimony is modifiable in the event of a substantial change in circumstances. Alimony is terminable in the event of the death, remarriage, or cohabitation of wife with an adult male who is not related to her within the degrees of consanquinity. 10. Husband will maintain the existing SGLI life insurance policy on his life in the face amount of $200,000.00 until Michael is graduated from high school. The beneficiary of that policy will be designated as a life insurance trust for the benefit of all three children of the parties until Michael is graduated from high school. 11. All other marital claims are waived. 12. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SHADE: Colonel Dempsey, you have been present here today throughout the introductory provisions of this order by the Master and throughout my statement on the record of the agreement of the parties. Have you heard everything that has been stated in that respect? COLONEL DEMPSEY: Yes, I have. MR. SHADE: And are you in agreement with everything that has been stated? COLONEL DEMPSEY: Yes, I am. MR. SHADE: And do you acknowledge this agreement fully, freely, and voluntarily with the benefit of my advice? COLONEL DEMPSEY: Yes, I do. MR. GILROY: Noreen, you've been here while Mr. Shade read the details of the agreement; is that correct? MS. DEMPSEY: Yes. MR. GILROY: And you've had an opportunity to review that agreement with me in private conference prior to these proceedings? MS. DEMPSEY: Yes. MR. GILROY: And are you satisfied with the agreement and the information and advice you have received so far? MS. DEMPSEY: Yes, I am. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: Way4 F. Shade Attorney for Plaintiff DATE: Z-/ F v o V L- Thomas A. D se y Hubert Gilroy Noreen P. Demps y Attorn y for Defendant FLELI, OF THE 6J9 r.•..v . f f i L :.i V GL` t?i' _ , ' ? SEP 012009 t, S THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 97-3059 CIVIL TERM NOREEN P. DEMPSEY, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of A?to? , 2009, upon consideration of the within Petition and upon Motion of Wayne F. Shade, Esquire, attorney for Plaintiff, a Rule is issued upon Defendant to show cause why the alimony award in favor of Defendant herein should not be terminated or reduced on the basis of a substantial change in circumstances. Rule returnable within days of date of service hereof, with a hearing to be held on c2 , 2009, in Courtroom No. 5 of 0. q,'3V -Atv\ the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, ?k -t, ?AA M.L. Ebert, Jr., J. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Wayne F. Shade, Esquire Attorney for Plaintiff Hubert X. Gilroy, Esquire Martson Law Offices Attorneys for Defendant I ir-g rnattc? "-?i n-? THE "20 SEA' -2 PN 3: 1 r THOMAS DEMPSEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V NOREEN DEMPSEY, 97-3059 CIVIL Defendant IN RE: ALIMONY ORDER OF COURT AND NOW, this 20th day of October, 2009, after hearing in the above-captioned matter IT IS HEREBY ORDERED AND DIRECTED that the parties shall file briefs in this matter. Plaintiff shall file his brief on or before the close of business on November 3, 2009, and Defendant shall file a response brief on or before the close of business on November 17, 2009. By the Court, .. '?? _?' ?" V M. L. Ebert, Jr., . Wayne F. Shade, Esquire For the Plaintiff ? nubert X. Gilroy, Esquire For the Defendant .mtf Io??2l( LD,r) QFPIC" OF THE PROTHONOTARY YM9 OCT 27 AM 10: 55 CUMB ;Lta-4u t; WNTY PEKE fvSYLVANIA j THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V n Q =ri . NO. 97-3059 CIVIL TERM NOREEN P. DEMPSEY, Defendant : IN DIVORCE IN RE: ALIMONY `- --i ORDER OF COURT AND NOW, this 20th day of January, 2010, Husband's Request of Termination of Alimony is DENIED. By the Court, k M. L. Ebert, Jr., J. ?Wae F. Shade, Esquire Attorney for Plaintiff Hubert X. Gilroy, Esquire Attorney for Defendant lof 1ex en C-L t THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 97-3059 CIVIL TERM NOREEN P. DEMPSEY, Defendant : IN DIVORCE IN RE: ALIMONY OPINION AND ORDER OF COURT Ebert, Jr., J., January 21, 2010 - Husband requests that this Court grant his request for Termination of Alimony. After hearing and consideration of the briefs filed by the parties, this Court denies that request. Accordingly, Husband is required to continue payment of alimony. 1. STATEMENT OF FACTS Thomas A. Dempsey (hereinafter "Husband") and Noreen P. Dempsey (hereinafter "Wife") were married on July 5, 1980, and together had three children.' A divorce complaint was filed on June 9, 1997, and the parties reached an agreement on December 12, 2000.2 In part, the agreement provided for Wife to receive a portion of Husband's pension and alimony in the monthly amount of $779.09.3 The agreement provided that the alimony would be "modifiable in the event of a substantial change in circumstances. Alimony is terminable in the event of death, remarriage, or cohabitation of wife...."4 ' Dempsey v. Dempsey, September 1, 2009, Plaintiff's Exhibit 1. 2 Id. 3 Id. 4 Id. 2 II. PROCEDURAL HISTORY Husband previously filed for reduction or termination of alimony based upon substantial changes.5 In that case (hereinafter "Dempsey T'), decided on November 27, 2007, Husband claimed that because Wife was now receiving a portion of his pension and had obtained an increase in employment income, his obligation of alimony should cease.6 This Court found that there was no substantial change, as Wife's income only increased moderately and the pension payments were contemplated in and mandated by the agreement. III. DISCUSSION Husband has requested a termination of alimony due to a substantial change in circumstances. Husband cites Cost of Living Adjustments to Wife's portion of his military pension, Wife's increase in salary, and Husband's current unemployment. Husband also attempts to bolster his argument by stating that there is one less child in Wife's household. A. Cost of Living Adjustment to Pension Similar to Dempsey I, where the receipt of Husband's pension did not constitute a substantial change, the Cost of Living Adjustments increasing the pension is not a substantial change. At the time of the agreement, both parties knew Wife would receive a portion of the pensions and even laid out the percentage of that pension in their agreement. It is reasonable to suggest then that both parties were aware that the pension came with Cost of Living Adjustments. According to the Office of the Secretary of Defense, "Retirement ... Cost of 5 Defendant's Brief, November 17, 2009, page 1. 6 Defendant's Brief, November 17, 2009, pages 1, 9. 7 Defendant's Brief, November 17, 2009, page 9. 8 It is also very possible that Wife would not have agreed to the settlement of monthly alimony of $779.09 had it not been for the future pension income. Removing the pension, or the pension cost of living adjustments, changes the entire scenario. 3 Living Adjustments (COLAs) are given annually based on ... inflation."9 If the parties did not want Wife to receive a COLA with her portion of the pension, those intentions should have been declared in the agreement and not years later. B. Wife's Salary Increase "An increase in [Wife's] salary does not ipso facto require the Court to reduce the amount of the award, and [Husband's] current status as unemployed, though unfortunate, does not diminish his capacity to earn." Wing v. Wing, 338 Pa. Super 516, 521 (Pa. 1985). Any reasonable person would expect (or at least hope for) an increase in his or her earnings throughout a ten-year period. Wife should not be penalized simply because she has advanced somewhat in the workplace. While this Court acknowledges Wife's modest salary increase, it is insufficient to merit a termination or reduction of alimony. When cost of living increases, using the December 2009 Consumer Price Index,10 are taken into consideration, Wife's salary increase is only 13.5% or $359.38 a month.11 As in Dempsey I, this is a moderate increase and insufficient to reduce or terminate alimony. C. Husband's Current Unemployment Additionally, in regards to Husband's decrease in earnings, "[t]he Court has the power and the duty to look beyond the actual earnings of the parties and may consider `his earning power... and the nature and extent of his property and other financial resources."' Shuster v. Shuster, 226 Pa. Super. 542, 547 (Pa.) (citing Commonwealth ex rel. Gitman v. Gitman, 428 Pa. 9 Cost of Living Adjustment, Military Compensation, available at http://militarypay.defense-gov/retirement/cola/index.html. 10 Applicable Consumer Price Index for December 2009 is 231.462. Available at http://www.bls.gov/cpi/#tables. 11 Cost of Living Increase: (231.462 - 181.3)/181.3 x 100= 27.67% Original Salary with Cost of Living Adjustment: $1803.57 x 1.2767= $2302.62 Percent Salary Increase: 1 - $2302.62 / $2662 = 13.5% Dollar Salary Increase: $2662 - $2302.62 = $359.38 4 387 (1967); Commonwealth ex rel. McNulty v. McNulty, 226 Pa. Super. 247 (1973)). Husband's earned income in 2009 may be approximately half that of his 2007 and 2008 earned income; however, this is not taking into account the considerable amount of interest he is earning on accounts,12 nor his earning capability. When taking all factors into consideration, similar to Wife, Husband's "change in circumstances" has actually improved from the time of the agreement. Also, it should be noted that while Husband, as of the filing of briefs, was not employed, his skills will likely be in higher demand in the future. To adjust alimony due to Husband's brief unemployment,13 by the same logic, will require another modification upon Husband becoming gainfully employed. D. Reduction of Children In Household Several times in Husband's brief, although noting that alimony is only for the expenses of Wife, Husband references that there is now only one child in the household and suggests a change in alimony accordingly. While minor children is one of seventeen factors considered in determining the amount of alimony, that factor is based not upon the number of minor children, but rather "[t]he extent to which the earning power, expenses, or financial obligations of a party will be affected by reason of serving as the custodian of a minor child." 23 Pa.C.S. §3701. No mention is made of a requirement of multiple minor children, nor does it consider the number of minor children; only one minor child is necessary for the consideration of the factor. See id. Alimony does not increase or decrease as children mature. That is what child support is for. Child support and alimony are different legal concepts and should be treated as such. To reduce 12 These accounts are merely mentioned to note that Husband is not destitute, as he is still receiving a sufficient pension and a handsome account interest. 13 It should also be noted that Husbands non-employment compensation supports him sufficiently and he has not sought unemployment compensation. 5 alimony solely because one child has reached the age of majority defeats the purpose of child support and as a lone factor is not a valid argument in decreasing alimony. CONCLUSION Given the above analysis, there is no substantial change in circumstances. Husband's reliance in Dalrymple is misplaced. The increase in Wife's salary and the COLA adjustments to the pension are not increases in alimony at all, and they certainly were not awarded ... "simply because Husband would still have ... discretionary income." Dalrymple v. Kilishek, 920 A.2d 1275, 1279 (Pa. Super., 2007). The only potential unpredicted change 14 in the amount Wife is receiving would be her salary increase of 13.5% (considering cost of living increases), which is insufficient to render alimony terminated or reduced. Husband is not entitled to reduce or terminate alimony. Accordingly, the following Order of Court is entered: ORDER OF COURT AND NOW, this 20th day of January, 2010, Husband's Request of Termination of Alimony is DENIED. By the Court, k ?, 0 M. L. Ebert, Jr., J. Wayne F. Shade, Esquire Attorney for Plaintiff Hubert X. Gilroy, Esquire Attorney for Defendant 14 The Court notes that the unpredictability of salary increases is debatable. To deem Wife's salary increase unpredictable awards Husband the benefit of the doubt. THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW n V. T'j NO. 97-3059 CIVIL TERM ; T NOREEN P. DEMPSEY, Defendant : IN DIVORCE N j NOTICE OF APPEAL Notice is hereby given that THOMAS A. DEMPSEY, Plaintiff above-named, hereby appeals to the Superior Court of Pennsylvania from the Order entered in this matter on January 20, 2010. This Order has been entered in the docket as evidenced by the attached copy of the docket entries. The official Court Reporter is hereby ordered to produce, certify, and file the transcripts of the hearings on September 6, 2007, and October 20, 2009, in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. Date: January 26, 2010 WaynOF. Shade, Esquire Supreme Court I.D. # 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff a3 4?3? FaYS511 Cumberlangl County Prothonotary's Office Page 1 Civil Case Print 1997-03059 DEMPSEY THOMAS A (vs) DEMPSEY NOREEN P Reference No... Filed......... 6/09/1997 Case Tyyppe..... . COMPLAINT - DIVORCE d Time. ... 3.16 Ju gmenb...... .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: GRANTED ------------ C C t Disposed Date. i 12/19/2000 ase ommen s ------------- H gher Crt 1.: Higher Crt 2.: ******************************************************************** ************ General Index Attorney Info DEMPSEY THOMAS A PLAINTIFF SHADE WAYNE F 1886 MARY LANE CARLISLE PA 17013 DEMPSEY NOREEN P DEFENDANT GILROY HUBERT X 1886 MARY LANE CARLISLE PA 17013 ******************************************************************************** * Date Entries ******************************************************************************** - - FIRST ENTRY - - - - - - - - - - - - - - 6/09/1997 COMPLAINT - DIVORCE ------------------------------------------------------------------- 10/23/1997 PETITION FOR ATTORNEY'S FEES ------------------------------------------------------------------- 10/23/1997 PETITION FOR ALIMONY PENDENTE LITE ------------------------------------------------------------------- 10/29/1997 COURT ORDER - DATED 10/27/97 - IN RE PETITON FOR ATTORNEY'S FEES - HEARING 12/2/97 10 AM CR 3 - BY GEORGE E HOFFER J - COPIES MAILED 10/30/97 ------------------------------------------------------------------- 3/25/1998 CONSENT ORDER - DATED 1/14/98 - IN RE PETITION FOR APL - BY EDGAR B BAYLEY J - COPIES MAILED 3/18/98 ------------------------------------------------------------------- 4/15/1999 PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(D) ------------------------------------------------------------------- 8/19/1999 PETITION TO RAISE ECONOMIC CLAIMS ADDITIONAL COUNT - EQUITABLE DISTRIBUTION ------------------------------------------------------------------- 8/19/1999 COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE ------------------------------------------------------------------- 8/23/1999 MOTION FOR APPOINTMENT OF MASTER BY WAYNE SHADE ESQ ------------------------------------------------------------------- 8/24/1999 ORDER OF COURT APPOINTING E ROBERT ELICKER II ESQ AS MASTER ------------------------------------------------------------------- 9/14/2000 AFFIDAVIT OF CONSENT - PLAINTIFF ------------------------------------------------------------------- 9/14/2000 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-PLFF ------------------------------------------------------------------- 12/12/2000 AFFIDAVIT OF CONSENT - DEFENDANT ------------------------------------------------------------------- 12/12/2000 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-DEFT ------------------------------------------------------------------- 12/13/2000 ORDER OF COURT - DATED 12-13-00 - APPOINTMENT OF MASTERS IS VACATED - BY THE COURT GEORGE E HOFFER - COPIES MAILED 12-13-00 ------------------------------------------------------------------- 12/15/2000 AFFIDAVIT OF SERVICE (COMPL ON DEFT) ------------------------------------------------------------------- 12/15/2000 PRAECIPE TO TRANSMIT RECORD ------------------------------------------------------------------- 12/19/2000 DIVORCE DECREE ENTERED BY GEORGE E HOFFER P J NOTICE MAILED ------------------------------------------------------------------- 1/10/2002 COURT ORDER - DATED 1/10/02 - IN RE STIPULATION - IT IS HEREBY ORDERED AND DIRECTED THAT THE AGREEMENT OF THE PARTIES ENTERED IN THE ABOVE MATTER AT MASTERS CONFERENCE 12/12/00 SHALL BE MODIFIED FOR CLARIFICATION PURPOSES - BY THE COURT GEORGE E HOFFER PJ COPIES MAILED 1/11/02 ------------------------------------------------------------------- 4/08/2002 STIPULATION - BY WAYNE F SHADE F SHADE ESQ FOR PLFF ------------------------------------------------------------------- PYS511 Cumberland County Prothonotary's Office Page • Civil Case Print 1997-03059 DEMPSEY THOMAS A (vs) DEMPSEY NOREEN P Reference No... Filed......... 6/09/1997 Case Type.....: COMPLAINT - DIVORCE Time.........: 3:16 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 12/19/2000 ------------ Case Comments ------------- Higher Crt 1.: 4/08/2002 AMENDED DECREE IN DIVORCE - DATED 4/10/02H- INrRErSTIPULATION LEGAL COUNSEL FOR THE PARTIES HEREBY AGREE AND STIPULATE THAT THE COURT MAY SIGN THE ATTACHED AMENDED DECREE IN DIVORCE - IT S ORDERED AND DECREED THAT THE DECREE IN DIVORCE ISSUED ON 12/19/00 IS HEREBY RATFIED AND AFFIRMED IN ALL RESPECTS INCLUDING INCORPORATION OF THE TERMS OF THE SETTLEMENT AGREEMENT BETWEEN THE REC COURTEGEORGE ECHOFFERED ON COPIIES MAILED4/R11/0212 12/00 - BY THE ------------------------------------------------------------------- 7/09/2003 STIPULATION - BY HUBERT X GILROY ESQ AND WAYNE F SHADE ESQ ------------------------------------------------------------------- 7/14/2003 SECOND AMENDED DECREE IN DIVORCE - DATED 7/14/03 - BY THE COURT - GEORGE E HOFFER PJ COPIES MAILED ------------------------------------------------------------------- 7/06/2006 PLAINTIFF'S PETITION FOR TERMINATION OF ALIMONY BY WAYNE F SHADE ESQ ------------------------------------------------------------------- 7/07/2006 ORDER OF COURT DATED 7/7/_06 - RULE IS ISSUED UPON DEFT TO SHOW CAUSE WHY THE AGREED ALIMONY IN FAVOR OF DEFT SHOULD NOT BE TRMINATED - RULE RETURNABLE WITHIN 7 DAYS OF SERVICE WITH A HEARING TO BE HELD ON WEDNESDAY 7/26/06 AT 10:30 AM IN COURTROOM 5 - IT IS FURTHER ORDERED AND DIRECTED THAT EACH PARTY SHALL FILE WITH TE COURT A PRE-HEARING MEMORANDUM CONTAINING THE FOLLOWING: 1. A LIST OF ALL FACT WITNESSES AND A BRIEF SYNOPSIS OF THEIR TESTIMONY 2. A LIST OF ALL EXHIBITS TO BE INTRODUCED BY THE PARTY 3. A LEGAL BRIEF IN SUPPORT OF HBE PARTY'S POSITION REGARDING THE ISSUE - THESE ITEMS WILL BE FILED WITH THIS COURT ON OR BEFORE 7/19/06 AT NOON - BY THE COURT - M L EBERT JR J COPIES MAILED ------------------------------------------------------------------- 7/18/2006 ORDER OF COURT - 07-18-06 - IN RE:CHILD SUPPORT HEARING 07-26-06 IS CANCELLED - BY M L EBERT JR J - COPIES MAILED 07-19-06 ------------------------------------------------------------------- 3/20/2007 PLAINTIFF'S MOTION FOR A HEARING - BY ATTY WAYNE SHADE ------------------------------------------------------------------- 3/29/2007 ORDER OF COURT - 03-28-07 - IN RE: HEARING 07-25-07 AT 9:30 AM IN CR 5 CUMB CO COURTHOUSE FURTHER ORDERED: 1-A LIST OF ALL FACT WITNESSES AND A BRIEF SYNOPSIS OF THEIR TESTIMONY 2-A LIST OF ALL EXHIBITS TO BE INTRODUCED BY THE PARTY 3-A LEGAL BRIEF IN SUPPORT OF THE APRTY'S POSITION REGARDING THE ISSUE - THESE ITEMS TO BE FILED ON OR BEFORE 07-23-07 AT NOON BY M L EBERT JR JR - COPIES MAILED 03-30-07 ------------------------------------------------------------------- 4/24/2007 ORDER OF COURT - 04-23-07 - IN RE: HERAING REGARDING TERMINATION OF ALIMONY SCHEDULED 07-25-07 IS RESCHEDULED TO 08-03-07 AT 9:30 AM IN CR 5 CUMB CO COURTHOUSE - BY M L EBERT JR J - COPIES MAILED 04-24-07 ------------------------------------------------------------------- 6/29/2007 ORDER OF COURT - 06-29-07 - IN RE: HEARING FOR 08-03-07 AT 9:30 CONTINUED UNTIL 09-07-07 AT 10 AM IN CR 5 CUMB CO COURTHOUSE - OREDERED THAT EACH PARTY SHALL FILE WITH THE COURT A PRE-HEARING MEMEORANDUM CONTAINING: 1-A LIST OF ALL FACT WITNESSES AND A BRIEF SYSNOPSIS OF THEIR TESTIMONY 2-A LIST OF ALL EXHIBITS TO BE INTRODUCED BY THE PARTY 3-A LEGAL BRIEF IN SUPPORT OF THE PARTY'S POSITION REGARDING THE ISSUE THESE ITEMS WILL BE FILE WITH THIS COURT ON OR BEFORE 08-27-07 AT NOON - BY M L EBERT JR J - COPIES MAILED 06-29-07 ------------------------------------------------------------------- 9/14/2007 ORDER OF COURT - DATED 9/7/07 - IN RE PETITION TO TERMINATE ALIMONY OPRESENTED ON A OR UU BEFORE SHALL CLOSE SUPPLY OF E BUSINESS OND9/ THE ISSUES 14/07 - BY M L EBERT JR J - COPIES MAILED 9/14/07 ------------------------------------------------------------------- 11/27/2007 ORDER OF COURT - DATED 11-27-07 - IN RE: PETITION TO TERMINATE ALIMONY - PETITION IS DENIED - BY M LEBERT JR J - COPIES MAILED 11-27-07 2 PYS511 Cumberland County Prothonotary's Office Page 3 Civil Case Print 1997-03059 DEMPSEY THOMAS A (vs) DEMPSEY NOREEN P Reference No... Filed......... 6/09/1997 Case Type.....: COMPLAINT - DIVORCE Time........ 3:16 Judgment......: .00 Execution Date 0/00/0000 Judge Assigned: EBERT M L JR Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 12/19/2000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ------------------------------------------------------------------- 5/27/2008 LIEN SATISFACTION - BY JULE M BIER LIEN COORDINATOR ------------------------------------------------------------------- 8/31/2009 PLAINTIFF'S PETITION FOR TERMINATION OR REDUCTION OF ALIMONY - BY WAYNE F SHADE ATTY FOR PLFF ------------------------------------------------------------------- 9/02/2009 ORDER OF COURT - 9/2/09 IN RE: PLFFS PETITION FOR TERMNATION OR REDUCTION OF ALIMONY - A RULE IS ISSUED UPON DEFT OT SHOW CAUSE WHY THE ALIMONY AWARD IN FAVOR OF DEFT HEREIN SHOULD NOT BE TERMINATED OR REDUCED ON-THE BASIS OF A SUBSTANTIAL CHANGE IN CIRCUMSTANCES - RULE RETURNABLE WITHIN 20 DAYS OF SERVICE HEREOF WITH A HEARING TO BE HELD 10120109 AT 9:30 AM IN CR5 CUMBERLAND COUNTY COURTHOUSE - BY M L EBERT JR J - COPIES MAILED 9/2/09 ------------------------------------------------------------------- 10/27/2009 ORDER OF COURT10/20/09/09 IN RE: ALIMONY - BY M L EBERT JR J - COPIES MAILED / ------------------------------------------------------------------- 1/22/2010 ORDER OF COURTI/22/10/10 IN RE: ALIMONY - BY M L EBERT JR J - COPIES MAILED - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Bed*Bal***Pmts/Adl End Bal ******************************** **** ****** ******************************* DIVORCE 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 MASTER'S FEE 125.00 125.00 .00 DIV PA SURCHG 10.00 10.00 .00 JCP FEE 5.00 5.00 .00 ADD'L COUNTS 10.00 10.00 .00 JCP FEE 5.00 5.00 .00 ADD'L COUNTS 10.00 10.00 .00 JCP FEE 5.00 5.00 .00 ADD'L COUNTS 10.00 10.00 .00 JCP FEE 5.00 5.00 .00 -------------- 225.50 ---------- --- 225.50 --------- .00 ******************************************************************************** * End of Case Information ******************************************************************************** TRUE COPY PROF.- RECORD In Testimony whereof, I h°-re n3o set my hod and the seal of said court-at Carlisle, Pe, I 0 ?..... This ....Q??.... _ of..??. ..... day n „- THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 97-3059 CIVIL TERM NOREEN P. DEMPSEY, Defendant : IN DIVORCE PROOF OF SERVICE I hereby certify that I am this day serving the foregoing documents upon the persons and in the manner indicated below which service satisfies the requirements of Pa.R.A.P. 121: Service by first-class mail addressed. as follows: WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Hon. M.L. Ebert, Jr., J. Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6292 Ms. Marie T. Farley Court Reporter Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6204 Date: January 26, 2010 Ms. Melissa H. Calvanelli Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6200 Hubert X. Gilroy, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 Telephone: (717) 243-3341 Attorneys for Defendant Wayne°F. Shade, Esquire Supreme Court I.D. #15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -2- THOMAS A. DEMPSEY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NOREEN P. DEMPSEY, DEFENDANT 97-3059 CIVIL ORDER OF COURT AND NOW, this 27th day of January, 2010, the Court being in receipt of a notice of appeal in the above captioned matter, IT IS HEREBY ORDERED AND DIRECTED that: 1. Plaintiff shall file a concise statement of the errors complained of on appeal on or before February27, 2010 2. The Statement shall be filed of record; 3. The Statement shall be served on this Court pursuant to Pa.R.A.P., Rule 1925(b) (1); IT IS FURTHER ORDERED AND DIRECTED that any issue not properly included in the Statement shall be deemed waived. V 'Wayne F. Shade, Esquire Attorney for Plaintiff ? Hubert X. Gilroy, Esquire Attorney for Defendant bas 1QS ryj.dl By the Court, M. L. Ebert, Jr., J. Q m r' C.J 7J Karen Reid Bramblett, Esq. Middle District Prothonotary Milan K. Mrkobrad, Esq. Deputy Prothonotary January 29, 2010 RE: Thomas A. Dempsey Appellant V. Noreen P. Dempsey 148 MDA 2010 Trial Court Docket No: 1997-03059 Dear Attorney Shade Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 www. superior. court. state. Pa. us Enclosed please find a copy of the docket for the above appeal that was recently filed in the Superior Court. Kindly review the information on this docket and notify this office in writing if you believe any corrections are required. Appellant's counsel is also being sent a Docketing Statement, pursuant to Pa.R.A.P. 3517, for completion and filing. Please note that Superior Court Dockets are available on the Internet at the Web site address printed at the top of this page. Thank you. Respectfully yours, Milan K. Mrkobrad, Esq. Deputy Prothonotary /vsl Enclosure cc: Buell, David D., Prothonotary Court Reporter The Honorable Merle L. Ebert, Jr., Judge G Hubert Xavier Gilroy, Esq. c o r; _.Ji'i 9:14 A.M. Appeal Docket Sheet Docket Number: 148 MDA 2010 Page 1 of 2 January 29, 2010 Thomas A. Dempsey Appellant v. Noreen P. Dempsey Initiating Document: Case Status: Case Processing Status: Journal Number: Case Category: Notice of Appeal Active January 26, 2010 Civil CONSOLIDATED CASES Next Event Type: Receive Docketing Statement Next Event Type: Original Record Received Superior Court of Pennsylvania Secure CAPTION CASE INFORMATION Awaiting Original Record Case Type(s): SCHEDULED EVENT COUNSEL INFORMATION Appellant Dei Pro Se: No IFP Status: No Attorney: Bar No: Address: inpsey, Thomas A. Appoint Counsel Status: Represented Shade, Wayne Fulton 015712 53 W Pomfret St Carlisle, PA 17013 Divorce Spousal Support RELATED CASES Next Event Due Date: February 12, 2010 Next Event Due Date: March 29, 2010 Phone No: (717) 243-0220 Fax No: (717) 249-0017 Receive Mail: Yes Receive EMail: No Appellee Dempsey, Noreen P. Pro Se: No Appoint Counsel Status: Represented IFP Status: Attorney: Gilroy, Hubert Xavier Bar No: 029943 Law Firm: Martson Deardorff Williams Otto Gilroy & Faller Address: 10 E High St Carlisle, PA 17013 Phone No: (717) 243-3341 Fax No: (717) 243-1850 Receive Mail: Yes Receive EMail: No 9:14 A.M. Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 148 MDA 2010 Page 2 of 2 January 29, 2010 Secure FEE INFORMATION Fee Dt Fee Name Fee Amt Receipt Dt Receipt No Receipt Amt 01/26/2010 Notice of Appeal 73.50 0.00 AGENCY/TRIAL COURT INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Cumberland County Civil Division Order Appealed From: January 20, 2010 Judicial District: 09 Documents Received: January 28, 2010 Notice of Appeal Filed: January 26, 2010 Order Type: Order Entered OTN(s): Lower Ct Docket No(s):1997-03059 Lower Ct Judge(s): Ebert, Merle L., Jr. Judge ORIGINAL RECORD CONTENT Original Record Item Filed Date Content Description Date of Remand of Record: BRIEFING SCHEDULE None None DOCKET ENTRY Filed Date Docket Entry / Representing Participant Type Filed By January 26, 2010 Notice of Appeal Docketed Appellant Dempsey, Thomas A. January 29, 2010 Docketing Statement Exited (Domestic Relations) Middle District Filing Office _!1 ~r'a !^^s?~1r '~= ~' t ~ ~ - :i.~V iQlO F~3 2~ F' ~ 2~ 52 THOMAS A. DEMPSEY, : IN THE . URT QF COMMON PLEAS OF r~~ . Plaintiff CUMBE~~,II~~~CG1"~~~, PENNSYLVANIA CIVIL ACTION -LAW v. NO.97-3059 CIVIL TERM NOREEN P. DEMPSEY, Defendant : IN DIVORCE PLAINTIFF'S RULE 1925 (b) STATEMENT OF MATTERS COMPLAINED OF ON APPEAL AND NOW, comes Plaintiff THOMAS A. DEMPSEY and files the following Statement of Matters Complained of on Appeal of the Order issued in this matter on January 20, 2010, and docketed on January 22, 2010: 1. Alimony is a specie of support that is awarded in divorce cases. Musko v. Musko, 548 Pa. 378, 380, 697 A2d 255, 256 (1997); Dalrymple v. Kilishek, 920 A2d 1275 (Pa. Super. 2007). The contractual alimony in this case is expressly modifiable on the basis of a substantial change in circumstances. A case that was decided, since the filing of our brief herein, holds that the law of the case doctrine does not control support agreements that are modifiable on the basis of a substantial change in circumstances. Mackay v. Mackay, 984 A2d 529, 538, n. 3 (Pa. Super. 2009). The denial of the request for termination of alimony in the amount of $779 per month is a misapplication of the law where Wife's income since the date of the contract for alimony in the year 2000 including the $2,296 per month that she receives from Husband's military pension has nearly tripled WAYNE F. SHADE AttomeyatLaw from $1,804 to $4,958. 53 West Pomfret Street Carlisle, Pennsylvania 17013 2. Where the increase in Wife's income, in the total amount of $3,154 per month, is more than four times the amount of the contractual alimony, it is error to deny that Husband is entitled to modification of alimony and that the change in circumstances is so substantial that the only reasonable modification is termination. 3. Statutory and case law which are in force at the time and place of the making of WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 17013 a contract enter into the contract with the same effect as if expressly incorporated in its terms. Fischer & Porter Company v. Porter, 364 Pa. 495, 501, 72 A2d 98, 102 (1950). The provisions of 23 Pa.C.S. § 4302 were last amended in 1998, two years prior to the December 19, 2000, date of the agreement of the parties. The definition of income in 23 Pa.C.S. § 4302 was incorporated into Pa. R. Civ. P. 1910.16-2 for support purposes at the date of the agreement of the parties. The definition is extremely broad and embraces every conceivable type of financial resource, including pensions and all forms of retirement. Mencer v. Ruch, 928 A2d 294, 298 (Pa. Super. 2007). The decision in McFadden v. McFadden, 386 Pa. Super. 506, 563 A2d 1.80 (1989), was also the law of Pennsylvania at the time and place of the making of the contract in this case and it is indistinguishable upon its facts. That case reversed the trial court and established that receipt of retirement benefits after entry into an agreement for alimony constituted a substantial change in circumstances even though the future receipt of those retirement benefits was a foreseeable and expected change that would have been contemplated at the -2- time that the parties entered into the agreement. On the basis of that decision, both parties had reason to expect that Wife's future receipt of a portion of Husband's military retirement would constitute a material and substantial change in circumstances. It is a misapplication of the law to exclude Wife's receipt of the $2,296 per month that she receives from Husband's military pension in assessing whether or not a substantial change in circumstances has occurred where the holding in the McFadden case is considered to be part of the contract between the parties. 4. Even if the decision in Dempsey I were held to be the law of the case on the issue of Wife's receipt of more than $2,000 per month from Husband's military pension in spite of the decision in Mackay, the denial of Husband's request for termination of alimony as a result of the increase in the pension and the increase in Wife's earnings, which were not presented in Dempsey I, is a misapplication of the law in McFadden if the opinion does not somehow distinguish the decision in McFadden on its facts. 5. The statement in footnote 8 on page 3 of the opinion of January 20, 2010, that WAYNE F. SxAD~ Attorney at Law 53 West Pomfret Stree Cazlisle, Pennsylvaniz 17013 Wife may not have agreed to accept $779 per month in alimony if she were not going to receive a portion of Husband's military pension income five and one-half years later is erroneous in at least two respects. Initially, the statement is contrary to the evidence of record which is that, by agreeing to alimony in the amount of $779 per month with the benefit of counsel, Wife was agreeing that her legal need for alimony would be met with -3- alimony in the amount of $779.09 per month, when her income was more than $3,000 per month less than it is today. That is the same as saying that she was satisfied that she could not prove a greater financial need at that time. Secondly, if it had not been for the clear legal authority in 23 Pa.C.S. § 4302 and McFadden, that the law regards as being incorporated into the agreement, Husband could have just as readily insisted upon an express statement in the agreement that Wife's future receipt of a portion of his military pension would constitute a substantial change in circumstances. With the benefit of the correct application of those authorities, he had no need to jeopardize the negotiations with that demand. 6. Where the law at the time and place of entry into the agreement was that receipt of additional future income after entry into the agreement for alimony constituted a substantial change in circumstances even though the future receipt of the additional income was a foreseeable and expected change that would have been contemplated at the time that the parties entered into the agreement (McFadden), the statement on pages 3 and 4 of the opinion that the agreement should have specified that future cost of living increases would constitute substantial changes in circumstances if they were to be considered as such stands the law on its head. In light of the decision in McFadden, the onus was upon the counseled Wife to insist upon language that the principles of WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 17013 -4- McFadden would not apply to constitute future increases in the pension substantial factors for modification of alimony. 7. It is a misapplication of the law to ignore that the child support guidelines are based upon the concept that both parents have a duty to contribute to the support of the dependent children of the parties and that the reduction in the obligation of the custodial parent from two children to one is a substantial reduction in the financial need of a custodial parent who is receiving alimony. This is not a statutory factor, but rather a substantial reduction in Wife's financial obligations. 8. Where the increase in Wife's earnings and pension income since the contract for alimony exceeds the amount of the agreed alimony by more than the increase in inflation and where Wife's legal obligation to contribute to child support decreased from two children to one, denial of the request for termination of alimony could only be on the basis of the statutory factors of need and ability to pay as opposed to the intentions of the parties that alimony would be modified on the basis of a substantial change in circumstances as provided in the agreement of the parties. 9. Where the standard to which the parties agreed as a matter of contract was a substantial change in circumstances, the analysis on pages 4 and 5 of the opinion of January 20, 2010, is a misapplication of the law in denying Husband's contractual right to WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- modification of alimony on the basis of the statutory standard of the relative incomes or assets of the parties. 10. Even if the standard for modification were the statutory provisions of need and ability to pay, it is a misapplication of the law to deny Husband's request for termination of alimony where Wife did not introduce any evidence that her expenses, in accordance with the standard of living of the parties at the date of separation, exceed her income. Where she has failed to prove that she would be unable to support herself, in accordance with the standard of living of the parties at the date of separation, without the alimony, she has failed to prove a legal need for alimony. As such, it violates the principles of Dalrymple v. Kilishek, 920 A2d 1275 (Pa. Super. 2007), that an award of alimony is based upon the reasonable needs of the recipient in accordance with the standard of living of the parties during the marriage and not upon an equalization of income or the ability to pay. As long as Wife's reasonable needs in accordance with the standard of living of the parties during the marriage are being met, Husband's present or future earnings and assets that he has inherited since the divorce are legally irrelevant. 11. Reference to the statutory factors for alimony on page 5 of the opinion of WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 January 20, 2010, is another reflection of the misapplication of the law that underlies the denial of Husband's request for termination of alimony in the context of contractual alimony. The statutory factors for alimony have nothing to do with modification of -6- contractual alimony. The request for modification is based upon the agreed substantial change in circumstances. Knipp v. Knipp, 578 Pa. 82, 90-91, 93, 849 A2d 1159, 1163, 1165 (2004); Polito v. Polito, supra, 440 Pa. Super. 328, 332, 655 A2d 587, 589 (1995). Date: February 24, 2010 Respectfully submitted, ~_~~~'~ Wayne .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243 -0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 17013 -7- THOMAS A. DEMPSEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. 97-3059 CIVIL TERM NOREEN P. DEMPSEY, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Wayne F. Shade, Esquire, do hereby certify that I have this date served a copy of Plaintiff s Statement of Matters Complained of on Appeal in the above-captioned matter by first-class mail, as follows: Hon. M.L. Ebert, Jr., J. Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 Telephone: (717) 240-6292 Hubert X. Gilroy, Esquire Martson Law Offices 10 East High Street Carlisle, Pennsylvania 17013 Telephone: (717) 243-3341 Attorney for Defendant Date: February 24, 2010 r- ssl~ Wayne .Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013