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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 -
CIVIL ACTION - IN DIVORCE
a
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or irE mm~:0;j(:rIIJiY
KRISTEN A. BROWN,
Plaint.iff
97AUG 15 A!'l 9: 03
CUlv:2.:t-,L'.;,:j C.CUNfY
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COMPLAINT
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MICHAEL D. BROWN.
Defendant
STONB, LAl"AvER .. STONK
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KRISTEN A. BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - .IIJI)~ Cud il~ow,.J
v.
MICHAEL D. BROWN,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO D.ISJ.I'JSl'lD AND m.A TV 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.
YQu are warned that if you fail to do so, the case may proceed without
y~: and a Decree of Divorce or annulment may be entered against you by
th\t 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 couneeling. A
I list of marriage counselors is available in the Office of the
i
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Prothonotary at the Cumberland County Courthouse, Carlisle, PA
17013.
II tOU DO RO'l' rILl A CLAIM POR ALIMOIIY, DIVIIIOII or PROPIllft,
LIUf'fIR'1 PUS 011 D'UIES BEPOa A DIVORCB OR AJIJIUUCD'l II
GRAIIHD, YOU MAt LOSE 'fBB RIOU 'to CLAIM Ut OP fJUDC.
YOU 880ULD 'fAD '1'BI8 PAPER 'to tOUR LIUftU A'f 0IIC8. IF YOU DO
.0': HAW A LA1f'fU 011 CAIIIIO'f An'ORD on, GO 'to 011 ULB.lon
'1'BIl OFFICII In POR'f1l BELOW 'to PID our NDU YOU c:u Oft
LIGAL HLP.
Court ada1nietrator
Fourth Floor
~:~~t:~Pio~;~1Jcourthoue.
Tele~hon.1 17171 ~40-~~QP
fl\div\k-brawn.caa\..9'
KRISTEN A. BROWN, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
. -
. 97 - '1'1:1 S &.~
v. . NO. I^~.-
.
.
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MICHAEL D. BROWN, I CIVIL ACTION LAW
Defendant . IN DIVORCE
.
COMPLAINT
1. The Plaintiff in this action is Kristen A. Brown, an adult
individual, who currently resides at 210 Ninth Street, 2nd Floor, New
Cumberland, Cumberland County, Pennsylvania 17070.
2. The Defendant in this action is Michael D. Brown, an adult
individual, who currently resides at 811 16th Street, New Cumberland,
Cumberland County, Pennsylvania 17070.
3. Both the Plaintiff and the Defendant have been bona fide
re.ident. of the Commonwealth of Pennsylvania for at least six (6)
month. immediately previous to the filing of this complaint.
4. The Plaintiff and Defendant were lawfully joined in marriage
on June 1, 1988, in Middletown, Penn.ylvania.
S. There have been no prior actions of divorce or for annul..nt
between the partie. hereto in this or any other jurisdiction.
6. The Plaintiff aver. a. the ground. upon which this action i.
ba.ed i. that the ..rriaqe between the partie. hereto i.
irretrievably broken.
-1-
Il\d1v\1..11_rv._fl
KRISTEN A. BROWN, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . NO. 97-4438 CIVIL TERM
.
.
.
MICHAEL D. BROWN, .
.
Defendant . CIVIL ACTION - IN DIVORCE
.
APPIDA vrr Oli' SERVICE
COMMONWEALTH OF PENNSYLVANIA)
) BB.
COUNTY OF CUMBERLAND )
I, GERALD J. SBEKLETSKI, of Stone LaFaver , Stone, attorneys for
the plaintiff hereby certify that I Berved the Complaint in Divorce in
the above captioned matter on the defendant, Michael D. Brown, at 811
16th Street, New Cumberland, PA 17070, by United States Certified
Hail, p08taqe prepaid, restricted delivery on AUqUBt 23, 1997, as
evidenced by the attached Certified Hail return receipts.
~P~e
SWORM TO AND SUBSCRIBBD
before .. this ~ day
of .l...-".,t-'#'1"wJ~4.t/ f 1997.
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REAGER & ADLER, PC
BY: DEBRA DENISON CANTOR, ESQUIRE
Attorney I.D, No. 66378
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Attorneys for Plaintiff
KRISTEN A. BROWN, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
NO, 97-4438
MICHAEL D, BROWN,
Defendant
DIVORCE I CUSTODY
NOTice TO DEFEND AND CLAIM RIGHT~
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, Room 101. Cumbertand County Courthouse. 1
Courthouse Square, Cartisle. Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR AUMONY, DMSION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE 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.
Cumbeftand County Bar Assotiation
2llberty Avenue
CaI1isIe, PA 11013
(800) 990-9108
4, The Plaintiff and Defendant were married on June 1, 1988 in Middletown,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6, Neither Plaintiff nor Defendant is in the military or naval service of the United
States or its allies within the provisions of the Soldiers & Sailors Civil Relief Act of the
Congress of 1940 and its amendments,
7. Plaintiff avers that there Is one (1) child of this marriage. namely Tyler J.
Brown. date of birth June 11. 1988.
8, The marriage is irretrievably broken,
9. Plaintiff has been advised that counseling Is available and that Defendant may
have the right to request that the court require the parties to participate in counseling.
Plaintiff dedlneS counseling,
10, After ninety (90) days hive ".ed from the data of the tiling of ...
CompIIIlnt. PIalntilf ~ltellds to .. an AIftdM c:onnntInQ to. cINOICe. PIIlntItf t.lllsVllthM
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KRISTEN A. BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 97 - 4438 CIVIL
MICHAEL D. BROWN,
Defendant
IN DIVORCE
MASTER'S REPORT
and
TRANSCRIPT OF PROCEEDINGS
Proceedings held before
E. Robert Elicker, II, Master
9 North Hanover Street, Carlisle, Pennsylvania
proceedings held on December 3. 2002, commencing at
9:42 a.m.
APPEARANCES:
""'
Debra Dens ion Cantor
Attorney for Plaintiff
Michael D. Brown
Pro Se (did not appear)
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Relations Code.
DISCUSSION
EQUITABLE DISTRIBUTION
The Master is going to find that all of the
assets except the house can be offset with each party
retaining the assets in his or her possession. The only
asset that the Master is going to distribute will be the
marital residence and the equity in the marital residence at
811 16th Street, New CUmberland, Pennsylvania.
The Master is satisfied that wife's opinion
of the value of the marital residence of $95.000.00 is
reasonable considering the purchase price in 1992 of
$83.500.00 and an annual percentage increase in value over the
past 10 years, Using a normal increase of l' to 2' annually
over the past 10 years would support wife's opinion of value
presently of $95.000.00.
Based on the factors as presented by the
Plaintiff through her testimony. the Master is satisfied that
an unequal distribution of assets is justified in favor of
wife, The Master has considered the length of the marriage,
the disparity in income between the parties, the opportunity
to acquire assets that the husband has with respect to his
superior earning capacity and his position with Foot Locker.
and the tact th~t w1fe is the custodian of the dependent minor
,...~
child.
RECOMMENDATIONS
EQUITABLE DISTRIBUTION
Husband shall pay to wife within thirty (30)
days of a final order in these proceedings the sum of
$16.000.00. If said payment is not made as directed within
the thirty (30) day period. wife shall have the right to enter
a lien against husband and the real estate in the amount of
$16.000.00 with interest to run from the expiration of the
thirty (30) day period at the legal rate of 6\ per annum. By
allowing wife to enter a judgment and lien against the house
wife can secure her interest in the house and proceed with an
execution on the judgment in her favor in order to obtain and
secure the funds that she is entitled to under the Court order
if payment to wife is not forthcoming within thirty (30) days
of a final order.
Husband is also directed to remove wife's
name from the mortgage obligation on the property with Wells
Fargo Financial. Said removal of wife's obligation on the
mortgage shall occur within thirty (30) days of the date of a
final order in these proceedings should husband refinance the
mortgage. If husband does not remove wife's name from the
obligation on the mortgage through refinancing, he is then
directed to sell the house and pay oft the mortgage so that
wife's name will be removed through that transaction. In any
event, the refinancing or sale of the house is separate from
husband's obligation to pay to wife within thirty (30) days
the sum of $16,000.00.
Upon wife's receipt of the sum of $16,000.00
and satisfactory evidence that her name has been removed from
the mortgage lien, wife shall provide to husband a special
warranty deed transferring all her right, title and interest
to husband in said property. If husband chooses to refinance
the property and needs a deed to secure a refinancing of the
pro~erty, wife shall sign a deed which will be held in escrow
by her attorney until the financing transaction is complete
and the payment received of $16,000.00.
Wife will cooperate with husband should he
choose to sell the property.
Each of the parties will retain all tangible
and intangible property presently in his or her possession
free of any claim by the other party.
In the event that husband fails to comply
with the Court order entered in conformity with these
recommendations. he is directed to reimburse wife for all fees
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1 Master has an affidavit filed under Section 3301(d) of the
2 Domestic Relations Code dated April 24, 2001, averring that
3 the parties separated on August 15, 1997. The Master,
4 therefore, is satisfied that the divorce can conclude under
5 the section of the code relating to a separation in excess
6 of two years. Mr. Brown did not file a counter-affidavit
7 contesting any of the allegation made in Plaintiff's
8 affidavit under Section 3301(d).
9 (Whereupon, Plaintiff's Exhibit Nos. 1 - 8
10 were marked for identification.)
11 MS. DENSION CANTOR: The assets of the case
12 include the following:
13 Referenced by Exhibit 3 is a Member's 1st
14 account with a balance of $867.00 in the savings account
15 and $1,055.00 in a CD. This account was jointly owned by
16 Mr. Brown and received by him.
17 A 401(k) balance of $1,053.00 referenced by
18 the statement of Plaintiff's Exhibit No.4.
19 The parties have a jointly held obligation
20 for a mortgage agalnst the home at Wells Fargo with a
21 current balance of $68,799.00 '. referenced in Plaintiff's
22 Exhibit No. S.
23 Mr. Brown has a defined benefit pension
24 plan. which ia referenced in Plaintiff's Exhibit No.7.
25 Mrs. Brown has a defined benefit penaion
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1 plan referenced in the statement of Plaintiff's Exhibit No,
2 8.
3 Mrs. Brown works at Highmark Incorporated
4 and current pay stubs are reflected in Plaintiff's Exhibit
5 No.1 reflecting a net pay of $886.00 biweekly.
6 As referenced in Plaintiff's Exhibit No.2,
7 Mrs. Brown earned in 2001 the amount of $31,599.00.
8 As referenced in Plaintiff's Exhibit No, 6
9 Mr. Brown's employer provided us with an employee record
10 earnings for the year 2000 which demonstrated a gross pay
11 of $88,791.00 and a net pay of $52,053.00 as outlined in
12 Plaintiff's Exhibit No.6.
13 THE MASTER: Let the record also reflect
14 that Mr. Brown was directed to provide current income
15 information to update the information provided in
16 Plaintiff's Exhibit No.6 and that he has failed to provide
17 that information although requested on at least two
18 occasions to give us that information. Consequently, the
19 best evidence we have of his income is Plaintiff's Exhibit
20 No.6.
21 MS. DENSION CANTOR: In terms of personalty,
22 while not placing a value on the personal property, Mr.
23 Brown retained the majority of the personal property,
24 including the major appliances that went with the house.
25 including the washer and the dryer IUI well as a
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1 considerable amount of his son's personal property which
2 has not been returned.
3 In addition, post-separation Mrs. Brown sold
4 two vehicles and obtained a value of $4,622.00. Based on
5 these numbers, it is Mrs. Brown's position that these
6 assets offset each other and should not be considered in
7 the final equitable distribution.
8 The parties have one remaining asset to be
9 considered and that is the home located at 811 16th Street,
10 New Cumberland, Pennsylvania 17070. Mr. Brown has resided
11 in the marital home since the parties' separation. It is
12 subject to a mortgage, which to our knowledge is current.
13 The parties purchased the home in 1992 for $83,500.00. It
14 is my client's belief that the value of the home currently,
15 almost 11 years later, is $95,000.00 based on the sales
16 values of other homes located in their neighborhood. That
17 accounts for an $11,500.00 increase in value over a period
18 of 10 years which is less than probably two or three
19 percent a year.
20 Whereupon. KRISTEN A. BROWN, having been
21 duly
22 sworn. testified as follows:
23 DIRECT ElW41NATtON
2-1 BY MS. OENSION CAN'TOR:
2"> 0 Can )-'Ou please state your name for the
s
1 record?
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A
Q
Kristen Ann Brown.
Are you the co-owner of a home located at
4 811 16th Street, New Cumberland, Pennsylvania?
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Q
Yes.
Do you recall -- do you own that home with
7 your husband Michael D. Brown?
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10 two of you?
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Q
Yes.
And is the title held jointly between the
A
Q
Yes.
And is the mortgage obligation held jointly
between the two of you?
A Yes.
Q When did you purchase that home?
A It was - - I believe it was August of 1992.
I am not sure of the exact date.
Q
A
Do you recall what you paid for the home?
I believe it was $83,500.00 and I think that
20 was after we paid the closing costs. I believe the costa
21 were $2.500.00. I am not real clear on that because Mike
22 pretty much took care of that.
23
;1 -I hOllll!t to be?
;s
o
What do you believe the current value of the
A
I'm just guessing that it would be
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1 approximately $95,000.00.
2 Q What do you base that estimate on?
3 A Prior search of homes in the area before we
4 had purchased this one and what the values were with less
5 property, smaller homes. and the general location of New
6 Cumberland. It's a very well picked area for people to
7 live in.
8 THE MASTER: Did you hear your attorney's
9 statement regarding the other assets in the case
10 specifically the pension. the cars, the savings account.
11 CD?
12 THE WITNESS: Yes.
13 THE MASTER: Was the information that she
14 related regarding those assets true and correct to the best
15 of your knowledge. information and belief?
16 THE WITNESS: Yes.
17 THE MASTER: And are you satisfied that those
18 assets can be considered offsetting and that we need not
19 consider those assets in the equitable distribution portion
20 of the case?
21 THE WITNESS: Yes.
22 THE MASTER: Now, Io't! are going to go on the
23 record and .sk you to testify about the factors und.r
24 Section )502(al.
25 8Y MS. PENSION CANTOR:
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Q
marriage?
A
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marriage?
A
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son resided?
A
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of your son?
A
r
Can you, please. tell me the date of your
June 1. 1988.
When did you and your husband separate?
August 15 of '97.
Had either of you been married prior to this
No.
Do you have any children?
Yes.
How many?
One.
What is your child's name?
Tyler Joseph Brown.
Since you separated in 1997 where has your
With me.
Do you serve as primary physical custodian
Yes.
21 0 How often does your husband have custodi.l
22 rights to your son?
23 A It was joint custody but he hasn't seen him
24 for three and a half years.
25 0 He has no contact with your son for three
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and a half years?
A None.
Q So you're solely responsible for financially
raising him at this point?
A
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receive?
A
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coverage?
A
0
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activities?
Yes.
Do you receive any support?
Yes.
What is the amount of the support that you
o
Does he ever pay for extra curricular
A
No.
Does he buy your son clothing?
No.
o
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o
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MY toys. g4ftS?
No,
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Any other financial contributions?
No.
Does he purchase any food for your son?
No.
Does ever take your son out for dinner?
No.
How old are you?
Thirty-six.
What is your date of birth?
7/11/66.
Can you describe your health?
Healthy.
Where do you work?
Highmark.
How long have you been employed there?
Fifteen years.
And what do you do at Highmark?
Computer work -- computer operator.
What do you currently earn?
Yearly.
That's fine?
$31,000.00.
What is your educational background?
Two year. of college?
00 ~~u have any degrees?
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No.
Have you had any other vocational training?
No.
How old is your husband?
He is 40.
Do you recall his date of birth?
June 1. 1961.
Q Do you know where your husband works?
A Foot Locker Incorporated.
Q Do you know what he does there?
A I thought he worked with quality control. I
have no idea now.
Do you know your husband's educational
High school graduate.
Does he have any college education?
No.
Any other vocational training?
No.
Do you know how long he has worked at Foot
22 A I'm guessing 22 years.
23 0 During the course of your marriage dld
24 either of you receive any education or training that was
25 paid for during }~ur marriage?
Q
background?
A
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Locker?
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No.
Do you have the potential for any
inheritance?
A No.
Q Or to come in possession of any other assets
outside of those in this marriage?
A No.
Q Do you have knowledge of your husband's
ability to inherit?
A No.
Q Do you have medical benefits at your
employment?
A Yes.
Q Who do you currently cover?
A Myself and Tyler.
o And do you recall how much the cost of your
medical insurance is?
A It subject to change for next year.
CUrrently now we have the health offered to us. Next year
I believe it will thirty six or thirty eight and my dental
is five something now biweekly but that will go up too.
Q Do }'Ou .. we have already admitted that you
have a defined benefit pension plan at your employment. Do
you hAve any other form of retirement?
A No.
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you?
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pay for that?
A
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Do you have any life insurance provided to
Through my employer.
Is it paid for by your employer or do you
The employer pays for that.
Do you have any other benefits that are
provided by your employer?
A Health. dental. and vision.
Q Okay. Of all of the assets that we have
described here. were all of those assets acquired during
the marriage?
A Yes.
o Did either of you bring any significant
assets into the marriage?
No.
Can you describe the standard of living you
lived with your husband and that which you
A
Q
had when you
have now?
A
Q
A
0
A
0
Comfortable and average.
When you lived with your husband?
Yes.
How are you doing financially now?
Struqgling.
Why hi that?
13
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1 A More or ICOD bCCdUOC oC court costs.
2 attorney fees.
3 Q And becauoe of your financial responsibility
4 to your son?
5
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A
More or> less.
THE MASTER: What io your address?
THE WITNESS: 623 Ridge Road, Lewisberry,
8 Pennsylvania 173)9.
9 THE MASTER: You estimated that in your
10 opinion the value of your house is $95,000.00 and the
11 mortgage payoff accordillg to your exhibit is how much?
12 MS. DEN510N CANTOR: $68,799.00.
13 THE MASTER: 50 the approximate equity in
14 your house is around $26.000.00?
15 THE WITNESS: Yes.
16 (A di8cutluion was held off the record.)
17 BY MS. DENSION CANTOR:
18 0 Mn. Bro..n, ..e had tiled a claim for
19 attorney fees and costa. 00 you recall that?
20 A Yea.
21 0 Is it our position at thia point that we
n ..ant to ..ithdr..... that cl...im tor fees and coats?
21 A Yea.
24 iWh.reupon. Plaintiff's Exhibit No.. 1 - 8
;;'l wone ;lclmiUed rnto evidence.)
14
KRISTEN A, BROWN
.
.
:
Plaintiff :
.
.
.
.
VB. :
.
MICIIAEL D. BROWN .
.
.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL ACTION - LAW
97 - 443H
NO. CIVIL 19
IN DIVORCE
STATUS SIlEET
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KRISTEN A. BROWN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 97 - 4438 CIVIL
MICHAEL D. BROWN,
Defendant IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Monday, July 15, 2002
Present for the Plaintiff, Kristen A. Brown,
is attorney Debra Denison Cantor. Also present is Michael D.
Brown, who is representing himself in these proceedings.
The parties were married on June 1, 1988, and
separated September 15. 1997. An affidavit under Section
3301(d) of the Domestic Relations Code was filed on April 24.
2001. averring a two-year separation. Consequently even if
the parties do not sign affidavits of consent. the divorce can
proceed under the 3301(d) section based on the separation of
the parties in excess of two years.
A complaint was filed on August 15, 1997,
raising grounds for divorce of irretrievable breakdown of the
marriage. There were no economic claims filed in the
complaint; however, on February 8, 2000. an amended complaint
was filed raising the economic claim of equitable
distribution. A petition was filed on March 2l, 2002, raising
a claim by wife for counsel fees and costs. To date no claim
has been raised by either party for alimony. Wife's counsel
has requested a seven-day periOd to make a decision whether or
not her client wishes to file a claim for alimony and she will
notify the Master of her decision.
The parties are the natural parents of a son,
Tyler. born June 1l, 1988. The child is in the custody of
wife.
J1'~'Il Wife is 36 years of age and resides at 623
Ridge Rea . Lewisberry, Pennsylvania. with the son and a male
friend. She is an employee of Highmark Blue Shield as a
clerical specialist and according to the income information
provided today has a biweekly net income of $840.96. She has
two years of coll~e. She has not raised any health issues.
Ilusband is U years of age and resides at au
16th Str~et. New Cumberland. Pennsylvania. where he lives
alone. HustXlnd is" 0\"" li ty Control Specia 1 i st wi th Foot
Locker Retail Inc. His quarterly gross income for the last
quarter of 2000 was $88.791.83. We have requested that Mr.
Brown provide current income information showing his income
for the year 2002 which would include income for the first and
second quarters and also update into the third quarter where
we are at the present time. Husband is a high school
graduate and has not raised any health issues.
The parties own real estate at 811 16th
Street, New Cumberland, Pennsylvania, where husband is
residing. The home is subject to a mortgage in favor of Wells
Fargo Financial Inc. According to attorney Cantor the
mortgage payoff in March 2002 was around $69,000.00. We have
discussed today the need to get appraisals of this property in
order to establish a market value. Both parties have been
apprised of this request and are going to proceed with the
appraisals if they think necessary. Attorney Cantor has
indicated that she may employ someone from the Connor group;
Mr. Brown may also employ his own appraiser and can notify
attorney Cantor and the Master as to whom he chooses to do his
appraisal. Mr. Brown has indicated that he will allow access
to the property upon notice to him in writing from wife's
attorney setting a date and time for the appraisal to occur.
Mr. Brown is currently paying mortgage payments in the amount
of $688.00 per month which sum includes the real estate taxes
and insurance.
There were two vehicles. a Ford Escort and a
Ford Windstar which were traded in by wife to purchase another
vehicle. She received $4,622.63 which sum is charged to wife
as part of the equitable distribution of the marital assets.
There is a Member's lst account which Mr.
Brown has had access to in his name which is marital and had a
value of $426.06 around separation. Attorney Cantor has
pointed out that there were two accounts shown on the Member's
1st statement; a second account had a balance of $195.09.
We have discussed the pension plans of the
parties. Mr. Brown has a 401(k) with his employer and we
believe a defined benefit plan. Wife has a defined benefit
plan with Highmark which would provide a date of separation
monthly benefit of $244.66. The 401(k) plan statement should
be provided to give us a date of separation value. The
defined benefit plans may have to be valued by using the
services of a pension consultant or actuary. It is the
anticipation of the Master that we will be able to off.et the
values of these pensions with other assets without having to
use a QORO for distribution.
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personality.
There is no issue with respect to household
There is money that was in husband's name in
an account for the parties' son. Mr. Brown has indicated that
he has the funds, having removed them from Member's 1st. We
have requested that he provide some documentation to show that
the monies are still available for the use and benefit of the
child. Mr. Brown can set up another account with himself as
custodian or provide us some sort of documentation or
agreement showing that the monies will be available to the son
at the time of the son's 18th birthday.
There is no marital debt other than the
mortgage.
The Master has discussed with Mr. Brown and
wife's counsel the date for a hearing and we have determined
that December 2002 will be an appropriate time based on Ms.
Cantor's physical situation regarding her pregnancy. In order
to allow her to remain in the case we ~ill set a hearing in
December which will not be any detriment to either of the
parties at this time since Mr. Brown continues to resides in
the home and Mrs. Brown will not lose any interest in her
assets if we have to wait until December.
Counsel and Mr. Brown will also have an
opportunity to obtain the information on values that we need
to obtain regarding the house, pensions. and income of
husband.
We have also discussed the possibility of
having a settlement conference some time in November in order
to come in and to see where the numbers lead us with respect
to trying to resolve the equitable distribution claim.
Consequently, a conference with counsel and the parties i.
scheduled for Monday, November 4. 2002, at 1:30 p.m.
A hearing is scheduled, if we need to have
testimony, for Tuesday. December 3, 2002. at 9:00 a.m.
Notices will be sent to counsel and the parties.
E. Robert Elicker. II
Divorce Master
C. Father shall be responsible to ensure that the child is
picked up from school and will drop the child off at Mother's
residence.
4. During the summer months, the parties shall have the child
on an alternating week basis with Father guaranteed at least six weeks
over the summer months. This alternating week basis shall commence
with the first full week after the child's release from school with
Father having that first week. These periods of time shall be from
Sunday to Sunday, at 8:00 p.m. The party who is ending their
custodial week shall be responsible to drop the child off at the other
party's residence. In addition over these summer months. each party
shall be entitled to two uninterrupted weeks of custodial time with the
child. Father shall provids Mother with notice by April 1st of each
year as to which weeks he intends to exercise these two weeks of
uninterrupted custody and Mother shall notify Father by April 15th of
each year as to which weeks she intends to exercise these two weeks
of uninterrupted custody. In the summer of 1998, Mother shall have
the first two weeks in August.
5. The Parties shall alternate the followmg hoIfdays:
Thanksgiving. easter, Memorial Day, and Labor Day such that the
party having Thanltsgiving each year shalt 11.0 have Memorial 0.'1.
and the party having Easter shall also have Labor Day. This alternating
schedule shall commence with Father having Thanksgiving Day in
1997 and Memorial Day in 1998. These periods of partial custody
shall encompass the entire weekend including the holiday. These
holiday periods shall commence when the child is either released from
school the day before the holiday or on Friday and shall end at 8:00
p.m. on either Sunday or that holiday itself.
6. The Christmas holiday shall be broken into the following
segments: Segment A shall be from the child's release from school
until Christmas Eve at 9:00 p.m., and then again from December 29th
at 8:00 p.m. until January 1 st at 8:00 p.m. Segment B shall be
Christmas Eve at 9:00 p.m. until December 29th at 8:00 p.m.
Mother shall have Segment B in 1997 and all odd-numbered years and
Segment A in 1998 and all even-numbered years thereafter. Father
shall have Segment A in 1997 and all odd-numbered years thereafter
and Segment B in 1998 and all even. numbered years thereafter.
7. Mother shaU have the child on Mother's Day and Father shall
have the child on Father's Day. These periods of partial custody shall
be from 9:00 a.m. until 8:00 p.m.
8. The parties shall alternate the child's birthday .ach y....; this
period of partial custody shall be from 9;00 a.m. until 8:00 p.m.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97-
CIVIL ACTION - IN DIVORCE
FiLEO-OmCE
OF Tr'E ?PD'WSH~)T;'RY
97 t.UG 15 r.l; 9: 01
KRISTEN A. BROWN,
Plaintiff/Petitioner
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v.
MICHAEL D. BROWN,
Defendant/Respondent
COMPLAINT FOR CUSTODY
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KRISTEN A. BROWN, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff/Petitioner . CUMBERLAND COUNTY, PENNSYLVANIA
.
. 97 - -'I"IJP C~(t 'K'-Z.J1
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v. . NO.
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MICHAEL D. BROWN, . CIVIL ACTION DIVORCE/CUSTODY
.
Defendant/Respondent .
.
ORDBR or COURT
AIID HOW, this :}':-; day of !, ..l).) ':;, \- , 1997, upon
consideration of the attached complaint, it is hereby directed that
the parties and their respective counsel appear before l'J\\(IYI{> \ L.
\300L)'''' Eo.lv,,'"C. ,the Conciliator, at \\~ ), \g\-....... \-\-. ,(r"'~
~ on the g day of C:X \e;\:'e (" , 1997,
at ~. CO, P.M., for a Pre-Hearing Custody Conference. At such
conference, an effort will be made to resolve the issues in dispute;
or if this cannot be accomplished, to define and narrow the issues to
be heard by the court, and to enter into a temporary order. All
children age five or older may also be present at the conference.
Fail~re to appear at the conference may provide grounds for entry of a
t8lllpOrary or permanent order.
FOR THB COURT,
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1ft rauB IItJW 'fO '111D out WUU ~ CUI an uq.n ULP.
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Court Adainistrator
Cuabtrland COllnt, Courthous., 4th rloor
Carlisle, fA 11013
Tel.phonea (717) 240-6200
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KRISTEN A. BROWN, I IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner . CUMBERLAND COUNTY, PENNSYLVANIA
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MICHAEL D. BROWN, . CIVIL ACTION - DIVORCE/CUSTODY
.
Defendant/Respondent I
COMPLAINT rOR CUSTODY
1. The plaintiff/petitioner is Kristen A. Brown, an adult
individual, residing at 210 Ninth Street, 2nd Floor, New Cumberland,
Cumberland County, Pennsylvania.
2. The defendant/respondent is Michael D. Brown, an adult
individual, residing at 811 16th Street, New Cumberland, Cumberland
County, Pennsylvania.
3. Plaintiff/petitioner seeks custody of TYLER J. BRONN who
resides at 210 Ninth Street, 2nd Floor, New Cumberland, Cumberland
County, Pennsylvania, is nine (9) years of age having been born on
June 11, 1988.
The child was not born out of wedlock.
The child i. pre.ently in the custody of the plaintiff/
I petitioner, Xri.t.n A. Brown, vh, r..ide. at 210 Ninth Stre.t, 2nd
Ploor, New Cuaberland, Cu.berland County, Pennsylvania.
During the pa.t five y..r., the child baa r..ided with the
following penon. .nd .t th. following .ddre.....
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lWm ADDRESS OATES
Kristen A. Brown 210 9th St., 2nd Floor Aug. 14, 1997
New Cumberland, PA to date
Kristen A. Brown 811 16th Street June 1993 to
Michael D. Brown New Cumberland, PA Aug. 14, 1997
Kristen A. Brown 611 Mallard Road June 1988 to
Michael A. Brown Camp Hill, PA June 1993
The mother of the child is Kristen A. Brown currently residing at
210 Ninth Street, 2nd Floor, New Cumberland, Cumberland County,
Pennsylvania.
She is married.
The father of the child is Michael D. Brown currently residing at
811 16th Street, New Cumberland, Cumberland County, PA 17070.
Be is married.
4. The relationship of plaintiff/petitioner to the child is that
of mother. The plaintiff/petitioner currently resides with the
following personsl
6AHI
RELATIONSHIP
Tyler J. Brown
Son
5. The relationship of defendant/respondent to the child i. that
of father. The defendant/respondent currently reside. with the
following personsl
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RELATIONSHIP
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6. Plaintlff/petitioner has not participated as a party or
witness, or in another capacity, in other litigation concerning the
custody of the child in this or another court.
Plaintiff/petitioner has no information of a custody proceeding
concerning the child pending in a Court of this Commonwealth.
Plaintiff/petitioner does not know of a person not a party
to the proceedings who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
7. The best interest and permanent welfare of the child will be
served by granting the relief requested because the mother is able to
provide a stable home and family type environment for the child
allowing the child opportunity to spend time with the child's father
consistent with a visitation schedule to be determined.
8. Each parent whose parental rights to the child have not been
terminated and the person who has physical custody of the child have
been named as parties to this action.
KB&RIFOIB, plaintiff/petitioner requests the court to grant her
primary phyaical custody of the child and joint legal custody of the
child with the child's father.
~~
GERALD J' ltI, BSQUIU
Supr... Court 1.0. .40486
Attorney for Plaintiff/Petitioner
414 Bridge Street, P.O. Box I
Rev Cuaberland, PA 17070
Telephone, (717) 77&-7435
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 -
CIVIL ACTION - IN DIVORCE
AlED-OFFlCE
OF T'r!f p?'1)T>JO:-''OTAAY
q7 AllG 15 m 9: 06
KRISTEN A. BROWN,
Plaintiff
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MICHAEL D. BROWN,
Defendant
PETITION FOR SPECIAL RELIEF
AND 'mU'ORARY INJUliCTION
8TOn. LAPAVlla. 8tOMI(
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KRISTEN A. BROWN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
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. NO. 97 - .l/J./:U
v. .
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MICHAEL D. BROWN, . CIVIL ACTION - IN DIVORCE
.
Defendant .
.
ORDER 0,. COURT
fn
AXD .ow, this~ day of , 1997, upon review
of Petitioner'a Petiton for Sp lief and Temporary Injunction,
custody of TYLER J. BROWN is hereby awarded to Petitioner Kristen A.
Brown until further order of court.
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KRISTEN A. BROWN, . IN THE COURT OF COMMON PLEAS OF
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Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
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. NO. 97 - LI 'f':l1 Ct.....j -rt..-
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MICHAEL D. BROWN, . CIVIL ACTION LAW
.
Defendant : IN DIVORCE
PETITION FOR SPECIAL RELIEF AHD TEMPORARY INJUHCTION
AND NOW comes the plaintiff, by and through her attorneys, Stone
LaFaver , Stone, and files the following petition for special relief
averring as follows:
l. The plaintiff in this action is Kristen A. Brown, an adult
individual, who currently resides at 210 Ninth Street, 2nd Floor, New
Cumberland, Cumberland County, Pennsylvania, 17070.
2. The defendant in this action is Michael D. Brown, an adult
individual, who currently reaides at 811 16th Street, New Cumberland,
Pennsylvania, 17070.
3. The pl.intiff and defendant were married June 1, 1988, and
are the parenta of a minor child, Tyler J. Brown, born June 11, 1988.
4. The child is currently residing with plaintiff at 210 Ninth
Street, 2nd Floor, N_ CWlberland, Cumberland County, Pennsylvania.
5. The plaintiff and defendant are currently involved in a
divorce action filed by plaintiff t~.diately prior bereto to tbe
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6. The plaintiff has also filed a complaint for custody of the
minor child, requesting that a custody conciliation conference be
scheduled forthwith.
7. The plaintiff fears that the defendant may flee the
Cumberland County, Pennsylvania area with the minor child prior to the
entry of a custody order by this Court.
8. The plaintiff fears the defendant may attempt to take the
child from the plaintiff's custody against the will of the child.
9. The plaintiff seeks an order granting temporary custody of
the child, Tyler J. Brown, to the plaintiff until such time as this
matter is resolved by agreement or further order of court.
KBERlFORl, plaintiff prays this Honorable Court to issue an order
granting temporary custody of the child, Tyler J. Brown, to the
plaintiff until such time as this matter is resolved by agreement or
further order of this Court.
Respectfully submitted,
8'fOIIZ LaFAVBR 5 8TOQ
~~
1.0. 140486
414 Bridge Street, P.O. Box B
New Cumberland, PA 17070
Telephone: (717) 774-7435
Attorneys for Plaintiff
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KRISTEN A. BROWN, states that she is the Plaintiff named in the
foregoing instrument and that she is acquainted with the facts set
forth in the foregoing instrument~ that the same are true and correct
to the beat of her knowledge, information and belief; and that this
statement i. made subject to the penalties of 18 Pa. C.S.A. 54904
relating to unsworn falsification to authorities.
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KRIS'l'EH A. BROWN
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REAGER .. AOlER. P.C.
"TTORNEYS "T LAW
2331 MARKET STREET
CAMP Hill. filA 1701,....642
(7n) 783-1383
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 974438
KRISTEN A. BROWN,
Plaintiff
MICHAEL D. BROWN,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
INCOME AND EXPENSE STATEMENT OF
KRISTEN A. BROWN
INCOME
Employer: Highmark Blue Shield
Address: 1800 Center Street, Camp Hill. PA 17011
Type of Work: Insurance
Pay Period (weekly, biweekly, etc.): bi.weekly
Gross Pay per Period: S 1,119.68
Itemized Payroll Deductions
Federal Withholding S 134.19
Social Security S 68.72
Local Wage Tax S 11.20
Stale Income Tax S 31.03
Retin:ment
Savinp Bonds
Credit Union
Life Insurance $ 0.34
Health Insunn" $ 17.17
Othn (s~ilY) (disability) $ 16.07
Net Pay ptr hOOd: I HL2A
Other Income:
WEEK MONTH YEAR
Interest
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment
Compo
Worker's Compo
Child Support $ 331.92
Total 1 Jll.2l
TOTAL INCOME 1 lJ1lJa
EXPENSES WEEK MONTH YEAR
Home
Mortgaat/rmt
Maintenan~
Utilities
El<<tric S 130.00
Oas S 200.00
Oil S 300.00
T~ S l5.oo
Wacu
Snru
Tmh S 120.00
:t
EXPENSES WEEK MONTH YEAR
Employment
Public
Transportation
Lunch
Taxes
Real Estate
Personal S 225.00
Property
Income S 3,837.58
Insurance
Homeowners
Automobile S 165.00
Life S 127.00
Accident
Health S 310.00
Other
Automobile
Payments $ 537.74
Fuel $ 100.00
Repairs $ 300.00
Medical
Doctor $30.00
Dentist
Orthodontist
Hospital
Medicine S 100.00
Special NffiIs
(glasses, braces. $ 250.00
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Education
Privalt' School
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EXPENSES. WEEK MONTH YEAR
Parochial
School
College
Religious
Personal
Clothing $ 500.00
Food $ 350.00
Oarber/hairdresser $ 100.00
Credit Payments
Credit card $ 2,100.00
Charge Account
Memberships
Loans $ 6.452.88
Credit Union
Miscellaneous
Household help
Child care
Papers/books/ S 200.00
magazines
Entertainment S 500.00
Pay TV S 31.00
Vacation S 400.00
Gifts S 4,000.00
Legal fees S 2,000.00
CharilaNr rontributions S 85.00
Other child support
Alimony paymtnts
Otbtr
Totll Expmsn I WIl S lJD.li S ~
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INSURANCE
Type of Insurance Company Group No. Coverage
H W C
Hospital Capital Blue Cross 190.62-7351 X X
Medical PBS/Keystone 190627351 X X
Health! Accident
Disability Income
Dental United Concordia X X
Life Insurance Murdock Erie X
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REAGER .. ADLER. P,C.
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ATTORNEYS AT LAW
2331 MARkET STREET
CAMP .ULL. PA 17011"4642
.'171783-1383
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ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and itemize the
assets on the following pages.
II I. Real property
II 2. Motor vehicles
II 3. Stocks, bonds. securities and options
o 4. Certificates of deposit
o 5. Checking accounts. cash
II 6. Savings accounts. money market and savings certificates
o 7. Contents of safe deposit box
o 8. Trusts
o 9. Life insurance policies (indicate face value, cash surrender value and current
beneficiaries
o 10. Annuities
o II. Gifts
o 12. Inheritances
o 13. Patents. copyrights. inventions. royalties
o 14. Personal property outside the home
o IS. Business (list all owners. including percentage of ownership. and officerl director
positions held by a party with company)
o 16. Employment termination benefits. severance pay. workers' compensation
c1aim/award
o 17. Profitsharing
o 18. Pension plans (indicate employee contribution and date plan vests)
II 19. Retirement plans. Individual Retirement Accounts
o 20. Disability payments
o 21. Litigation claims (matured and unmatures)
o 22. Military/VAbenefits
o 23. Education benefits
o 24. Debts due, including loans. mortgages held
o 25. Household furnishings and personalty (include a total category and attaeh
itemization list if distribution of such assets is in dispute)
o 26. Other
MARITAL PROPERTY
Plaintill'lists all marital property in which either both spouses have a legal or equitable
interest individually or with any other person as of the date this action was commenced:
Item No. Description of Property Names of all Owners
Real property located at Joint
811 16'. Street, New Cumberland
2 Ford Escort Wile
3 Ford Windstar Wife
4 40lK Venator Husband
5 Defined Benefit Plan. Highmark Wife
6 Child's custodial accounts. PNC and Husband and Child
Members First
NON.MARITAL PROPERTY
Plaintiff lists all propeny in which a spouse has a legal or equitable interest which is
claimed to be excluded from marital propeny:
None.
PROPERTY TRANSFERRED
Item No. Dacription of Pro~rty Date of Person to ConsideratIon
Transfer Whom
Transferred
I V chicles 8i97 trade-in S4.622J13
, Child's custodi." unknown ra"rived by unknown: rec'd
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account Husband by Husband
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MAGER. ADlER. PC_
ATTORNnS AT LAW
.2331 MARKEl StRlET
CAMP Htll, PA 110114642
f1t7. 163 1383
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REACER " ADlER, P.C.
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AnORNlYS AT LAW
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ATTORNEYS AT LAW
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CAMP HilL. PA 170114842
(71717631383
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May 3. 2002
III. ASSETS:
A. Real Prnpenv
I. TIle panics ure the joint owners of a hOllle located at 811 16dl Street, New Cumlx:rland,
PA. Husoond has o~'Cupicd the propeny since separation. Wile has Ix:en unable to gain
access to tilt: home liJr appraisal purposes. However, the Cumlx:rland County Tax
Assessment values tilt: honJt; at $69,900.00. It is Ix:lieved that this value is low as the
panics purchased tIlt: home lilr $90.000.00 in 1992. It is Wile's position that tilt: IKlIIlt:
Ix: sold and the proceeds divided. If Husband desires to keep the IKlIIlC, lit: must
cooperate in obtaining an appmisaJ and (llUvide proof of tilt: ability to refinance.
B. Retirement
Plaintilf:
I. Defined Benelit Plan with Higlullark. Inc. Monthly Ix:nelit amount $244.66.
Defendant:
\. 401(k) Vcnator. It is unknown if Husband is also cntitlW to a dc:fmed Ix:nelit
plan. Venator has failW to pnlVide documentation requested by subpocna.
C. Vehicles.
I. TIlt: parties were the owners of a FUN Escon and FUN Windstar. Both vehides wcre
trJded ill and $4,622.63 wa.~ m:ei\'\'\l.
D TIle patties' dtikl had custodiallll.'\.\IWlts at Mcmlx:r's FlfSt with balat"-'l:5 of $ 866.77 wid
S1055_27 fC!\pL'\.'tively. Husbatld witWtl'w tllese futlds in (Xtnlx:r 1997 and retained the run.ts
E nlt' paI1ics Iw a'lillllll.'\.\\lUtl "'lIh Mtitn-o.lfi witlUlQ/lm 1-WaPI.l: llf$t9S_09 llIlLI s.t2606
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MAC X9'JOl 0\8
MinneollN>hs.MN 55408
II
CUSTOMER ACCOUNT ACTIVITY STATEMENT
DATE 06/06/02
PAGE 1
REQ BY MCH
MICHAEL 0 BROWN
KRISTEN A BROWN
811 W SIXTEENTH STREET
NEW CUMBERLAND PA 17070
LOAN NUMBER: 1784675
*******************.***********************************************************
__________________________ CURRENT ACCOUNT INFORMATION ------------------------
DATE TOTAL PRINCIPAL LOAN CURRENT
PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW
DUE AMOUNT PAYMENT RATE BALANCE BALANCE
07-01-02 688.14 562.87 7.50000 68,798.88 917.06
*******************************************************************************
PROCESS
DATE
DUE
DATE
ACTIVITY FOR PERIOD
TRANSACTION
CODE
01/01/01 - 06/05/02
TRANSACTION
DESCRIPTION
EFFECTIVE DATE
OF TRANSACTION
-------------------------------------------------------------------------------
TRANSACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER-------------
AMOUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION
-------------------------------------------------------------------------------
06-05-02 07-02 175 PRINCIPAL PAYMENT
11.86 11.86 0.00
68,798.88
06-05-02 06-02 173 PAYMENT
688.14 131.98 430.89
68,810.74
06-04-02 08-02 310 MORTGAGE
29.15- 0.00
0.00
NEW PRINCIPAL/ESCROW BALANCES
125.27
917.06 NEW PRINCIPAL/ESCROW BALANCES
INSURANCE DISBURSEMENT
0.00 29.15-
791.79
NEW PRINCIPAL/ESCROW BALANCES
05-07-02 05-02 172 PAYMENT
700.00 131.16 431.'11 125.27 11.86 1 LATE FEE
68,942.72 820.94 NEW PRINCIPAL/ESCROW BALANCES
05-03-02 08,02 310 MORTGAGE INSURANCE DISBURSEMENT
29.15- 0.00 0.00 29.15-
695.67
175 PRINCIPAL PAYMENT
11.86 0.00
69,073.88
04-10-02 04-02 173 PAYMENT
688.14 130.27 432.60 125.27
69.085.74 724.82 NEW PRINCIPAL/ESCROW ~ES
04-04-02 08-02 )10 MORTGAGE INSURANCE DISBURSEMENT
29.1S- 0.00 0.00 29.15-
599.55
NEW PRINCIPAL/ESCROW BALANCES
04-10-02 05-02
11. 86
0.00
NEW PRINCIPAL/ESCROW BALANCES
NEW PRINCIPAL/ESCROW BALANCES
I
REAGER . ADLER, P.C.
ATTORNEVS AT lAW
233' MAJlKET STREET
CAMP HILL PI. 11Q1 14642
C717) 713.1383
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nEAGER ,. ADLER. PC.
ATTORNEYS AT lAW
2331 MARkET STREET
CAMP HILL PA 11011 4642
11111 7631383
KRISTEN A, BROWN,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
Plainliff
\"
: NO, 97..1438
MICHAEL D, BROWN.
: CIVIL ACTION.LAW
: IN DIVORCE / CUSTODY
Defendant
PRAECIP.: FOR WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance as counsel ofrcconI on behalf of Plaintiff. Kristen A, Brown.
in this action,
Respectfully Submitted.
Date: 1/t~/c.).
,
By:
GERAL EKLETSKI. ESQ,
414 Bridge Strec:l
New Cumberland. P A 17070
717-774-7435
PRAECIPf; TO.EliU:R APPEA~E
TO THE PROTHONOTARY:
Please enter my ;appearance as counsel of reconI on behalf of the Plaintiff. Kristen A. Brown.
in the abovc-cartioned action.
Rcsp<<tfully submitted.
REAGER & ADLER. PC
Dale: July Ib., 200J
.-~-
'* UBSIPaineWebber
UBS PalneWebber Inc.
LeQal
1200 HarbOr Boulevard
We~nawken. NJ 07087-6791
201352 3000
~~tOf'l
Debra Denison cantor
Reager &. Adler, PC
2331 Market Street
camp Hill, PA 17011
Re: Brown vs. Brown
Dear Ms. cantor:
I am writing on behalf of UBS PaineWebber Ioe. ("the firmj In response
to your subpoena concemlng the referenced matter. The firm's records do not
reflect an account for Micahel D. Brown (SSN 299-50-7069) based on a search
using the InformatiOn provided. Please note that the firm's records may not
reflect certain accounts that have been purged from the account database. In
order to locate any such accounts, the firm would need to be provided with an
account number.
My telephone number Is 201-352-6612 If you have any questions.
(' S1ncereiY;,C'-cL
"( ~1.et~~
- Darrell oass
Paralegal
FOOT LOCKER
August 12. 2002
Debra Denison Cultor, Esquire
Reager & Adler, PC
Attorneys and Counselors at Law
2331 Market Street
Camp HilI, PA 17011-4642
RE: Michael D. Brown
SSN 200-50-7069
Debra Denison Cultor:
This is in response to the subpoena that you sent to our Retirement Plan Service Center on July 18,
2002 which orders us to produce statements as of June I, 1988, August 1997 and the most recent
statement with respect to Michael D. Brown.
With respect to retirement plan statements, the most recent statement that has been distributed to
participants contains information as of January I, 2001. Attached is a photocopy of a blank
~tatement. FoUowing is the specific information pertaining to Michael D. Brown for each statement
Item:
Retirement Plan Statement as of January 1,2001
Item 1) Account &lance as of January 1,2000 - 55,276.83
Item 2) 2000 Interest Credit (6%) -5316,61
Item 3) 2000 Compensation Credit - 5850,41
Item 4) Total Account BaI.mce as of December 31,2000. $6,443.85
Years of Service for determining the 2000 Compensation Credit . 17
Years of Service for vesting purposes as of December 31, 2000.21
Retirement benefits are accumuI.ned annuaI1y based on service and compensation each year. Mid-
year statements are not applicable for the retirement plan. Therefore a statement for Auplst 1997 or
June I, 1988 is not applicable. Endosed is a photocopy of a blank retirement plan statement as of
January I, 1997 and as of January I, 1988. Following is the specific infol1Nlion pertaining to
Mich.1r1 D. Brown for each statement item:
Retirement Plan Statement as of January 1, 1997
Item 1) Account &I.mce.lS of January I, 1996.51,933.23
Item 2) 1996lnteml Credit -5115.99
Item 3) 1996 Compensation Credit . 5603.89
Ittm 4) Total Account &I.mce as of ~'et1lbn- 31, t 996 . 52,653.1\
Y tan of Service for determining the t 996 C'..ompensation Credit .13
n
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r"ul.a.:kn'.l"". II! "...... H'" Slm1 .~. Y..n..l'oo'Y 10110
'.
August 12. 2002
Drbr. Denison C.llltor
r.gd 0122
Years of Service for vesting purposes as of December 31, 1996 - 17
Retirement Plan Statement as of January I, 1988
Item 1) Annual Accrued Benefit upto December 31,1987.51,167.05
Item 2) Annual Accrued Benefit as of January 1, 1988 . 51,303.35
W2 Compensation for
1985.518,181.05
1986.519,129.79
1987 . 520,303,60
January 1988 . 51,472.34
Years and Months of Benefit Accrual Service as of 01/01/1988 - 5 years, 7 months
Item 3) Years of Service for vesting purposes as of January I, 1988.8
I am also enclosing, for your reference a copy of the Summary Plan Description that contains the
provisions of the retirement plan in effect as of January I, 1996 through the curmtt time and a copy
of the Summary Plan Description that contains the provisions of the retirement plan in effective as
of January 1,1988.
With respect to the 401(k) P1m, enclosed is a copy of an Investment Summ.uy for the Period of
April 1, 2002 through June 30, 2002 for Mich.ld Brown. This SlII1lIll.uy reflect the infonnaUon that
was contained on the most recent 40 1 (k) Plan statement. Also enclosed is a document that
highlights the provisions of the 401(k) Plan. Although our 401(k) Plan was established on January I,
1996, we changed our 401(k) Plan service providers effective January I, 2002. We do not have
access to information that was contained on historical statements issued by the prior service
provider.
As required, also enclosed is the completed Certificate of Compliance.
Verytndyyours, /1
'p1. Ii J
/llt[;tbv .....'1)). W'Jf'v
Marion 0erIwn
Assistant ~
Pension/Stock Administration
IX: Michael Brown (with m.dosum)
Rctiremmt Plan Service Center
l'oot Illdtr. 1M.
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AS a participant in The Woolworth Retirement Plan you are entitled to certain rights and
,protections under the Employee Retirement Income Security Act of 1974 (ERISA).
ERISA provides that all Plan participants shall be entitled to:
Examine. without charge. at the Plan Administrator's office and at certain 01 our
larger locations. all Plan documents. Including Insurance contrac1s. collective
bargaining agreements and copies 01 all documents filed by the Plan with the
U,S, Department of Labor. such as detailed annual reports and Plan descriptions,
Obtain copies of all Plan documents and other Plan information upon written
request to the Plan Administrator, The Administrator may make a reasonable
charge fO( the copies.
Receive a summary of the P1an's annual financial report, The Plan Administrator is
required by law to lumish each participant with a copy 01 this summary annual
report,
Obtain a statement telling you whether you have a right to receive a pension at
normal retirement age (age 65) and il 50. what your benefits would be at normal
retirement age if you stop working under the Plan now, " you do not have a right
to a pension, the statement will tell you how many more years you have to work to
get a right to a pension. This statement must be requested in writing and is not
required to be given more than once a year. The Plan must provide the statement
free 01 charge.
In addition to creating rights fO( Plan participants. ERISA imposes duties upon the
people who are responsible fO( the operation of the employee benelit plan. The
people who operate your Plan, called "fiduciaries' 01 the Plan. have a duty to do
50 prudenIIy and in the interest 01 you and other Plan participants and
beneficiaries. No one, including your employer. your union, or any other person.
may fire you or otherwise discriminate against you in any way to prevent you from
obtaining a pension benefit or exercising your rights under ERISA. " your claim
for a pension benefit is denied in whole or In part you must receive a written
.xplanation of the reason for the denial. You have the right to have the Plan
review and reconsider your claim Under ERISA. there are steps you can take to
enforce the above rights. For instance. if you request matenals from the Plan and
do not rectllVe them within 30 days. you may file suit in a lederal court. In such a
case, the court may require the Plan Administrator to provide the materials and
par you up to $100 a day untij you receive the materials, unless the malerials
were nol sent because of reasons beyond the control of the Admilllstralof. " you
have a claim for benelits whIch .s dented ;)r ignored, III whole or in part, you may
liIe SUit in a stat. 0( federal cout1 If It should happen that Plan liduciaries misuse
the Plan', money, or ., you are dlscnminaled against lor asserting your rights. you
l1lI)' leek USiStance from the U S. ~I of Labor, 0( you may liIe IUlt in a
Iedetal court The court WID decide who should PiY court costs and legal lees "
you .. sua:esslulthe court may order the per$OI'\ you have sued to pay these
COllI and lees It you lose. the COUl1 may order you to pay these costs and lees.
for .xample. " " ~ YOUf claim 1$ tnvolous II you ha~ any questions about your
PIIn, you should contact lhe PIIn ~ator It you have any queslIOnS Ibout
tIIi$ ~ 01' Ibout your nghts under ERtSA. you shcuid COnliICt the I'lHIftl
AIM Otla 01 The U S l.w ~t ~~, 0epIrtrnent
01 labor
10
.
Plan Type And Identification Numbers
The Woolworth Retirement Plan is a 'defined benefit plan" which means that benefits are paid
according to a specified formula,
The Plan is identified by the following numbers in accordance with Internal Revenue Service
rules:
Employer Identification Number:
Plan Number:
13.5493340
001
Agent For Service Of Leg.1 Procesl
The agent for service of legal process is the Plan Administrator:
F.W. Woolworth Co,
233 Broadway
New York. NY 10279
legal process may also be served upon the Truslee of the P1an's trust fund:
Irving Trust Company
One WaI Street
New York. NY 10015
Where You Can .. The PIe" Documentl
Copies 01 the Plan documen1s including any trust agreements. annual repol1S lInd IUIllll1ary plan
~ are available for your examination at F,W, WooIwor1h Co,. Benefits Oepanment. 233
Broadway. New York, NY 10279 and at certain of our larger locations,
In additiuol. copies 01 Plan documents and other Plan inlormalion are available upon written
request, The Company may make . reasonable charge for providing copies of these documents,
How AM fIeconI. Are Kept
Plan rec:o..:ls IlnlIlept on . calendar year basis, The last day of the Plan year oc:curt on o.c..,lb.,
31.
How To AIl,..1 " RetIrement IeMml Are DtNecI
Ordinarfy. rour 'If ~Iti a.. for Ntlllll... kI bell1fb will be ptOQISMd ..... 10 days .,. it Is
rKll.ed, but may.. up to teo days if specieI c:irtumstencet requq lII.x\lll1llo.1 oIllme. 111I
.....1Iion of lime Is ~. you will be I10tiIied in writing prior to ltIe start 01 .. ......
periocllf rour ~ +liY. for '*-"*11 benefils is denied. or it you donl NUil/e" _~ to
which you ltlink you Ire ".'-4. you may request . IIVIIW of ltIe cleniII or obtIin . rewiew 01 rour
...-. by WIiting to.
s.tI ~\Id',
F1elii..I.... AdIllilllii4t....~
FW.~t1.CO
m eo lvt. .~.
HlIw VOlt. NY t0219
. e.
Normal Forms 01 Payment (Continued)
II you are not married when you retire. the normal lorm 01 payment Is the Single Lile Annuity, The
,Single Life Annuity provides payments only during your lifetime,
Optional Forms Of Payment
Instead 01 the normallorm 01 payment. you may choose one 01 the optionallorms
01 payment listed below.
Slnole Lila Annuity Ootlon
This option provides retirement payments during your liletime only,
JoInt and Survivor Annuity Ootlon
This option provides reduced retirement payments during your liletime. with
50%. 75% or 100%. whichever you choose..olthe amount 01 your reduced
retirement payments continuing to your beneficiary alter your death. The amount
your beneficiary receives is based upon the percentage you select and may be
affected by the age 01 your beneficiary,
Certain Pavmant Ootlon
ThIs option provides reduced retirement payments during your Iiletime. which are
guaranteed lor 60 or 120 months. whichever you choose. II you die belore the
guaranteed number 01 p;;yments is made. your beneficiary win conlinue to
receive your reduced retirement payments until the end ollhe chosen period. II
your benefic:iary dies before you die. or if both you and your benefic:iary die. the
commuted value 01 the remaining payments. if any. would be paid to your estate.
n you live past the end 01 the guaranteed period. you win rec:eive payments lor
Iila. but no payments will be made alter your death,
LaveIIIfta 0DtI0n
The purpose 01 this option is 10 give you a steady. or lave! income which is
ICljusted lor estimated Social Security Benefits, You will receive increased
retirement payments from your Earty Retirement Date until you reach age 62. the
age at which you .,. initialty eIiglbIe to receive your Social Security Benefits. You
wlU receiva lower retirement payments lrom the Plan at age 62. altar SoclaI
Security Benefits begin. Together. the Social Security Benefits and your
rediad retirIment pa)'lTl8nts will be lPPfO-imatety the same total amount as the
incnIIsId retiremen1 payments you were receiving before your Social Security
Beotfi1s began. In addition. the LaveIIing Option is available in combination with
a Qualified 50% Joint and SuMvor Annuity,
lJndiIr canain cin:umstances. the Levelting Option may result in retirement
Plyments stoppiIlQ complataty at age 62, For this rauon. it is strollOly
Itc:O/lllllll'lded that you request an ISlimatlI 01 the I.amtnt Pltments you mar
PIlId to ID'J1I under this oplIon
Preretirement Survivor Annuity
YtM ICl = 1M .. IIC*/. a CluaIIfled ~~WlI'" SuMvot AIwVkr If you die tlelln ....1IllIIll
and you .. I/tlSted ..__ baI~ III the bm oIa 50% Joint and SurvNor ArnItt wi be pIIId
to your IPOUIIIlom the IIW 01.... dIle 01 your CIHtn or 1M lir$t 01 1M monlI'I /lNI8It .. dIIe Oft
..ndI rov-..ld.... rMChed age 55 The auaw..d Pr..ttwemIfC SurvNor AIrttuIr II jlf4~*d
at no cost to you and" pro\!I!d your IClOUM . you eN at Iffy llIM pnor to 'tlW8/MI1l .)IOU"
~ you .. WIled. or If you .,. ~ W not marIlIid. no "'...emern SuM\'or ~ II
..... tit \l'Cft\ the ""-"
6
,
Eligibility ,~.":'" q
,Examples
II you are employed on May 2. 1985. and
You reach age 21 by May 2. 1986. and
Work at least 1.000 hours by May 2.1986.
Your participation dale Is May 1. 1986.
II you are employed on September 14. 1985. and
. You reach age 21 on October 16. 1987. and
, Work at least 1.000 hours by September 14. 1986. and
Work atleast 501 hours between January 1. 1986 and December 31. 1986. and
Work atleast 501 hours between January 1. 1987 and October 31. 1987.
Your participation date Is November 1. 1987.
II you are employed on November 7. 1985. and
You reach age 21 b}l November 7.1986. and
Work less than 1.000 hours by November 7. 1986. and
Work at least 1.000 hours be\W88n January 1. 1986 and December 31. 1986.
Your participation date Is January 1. 1987,
Associates employed on Of alter their 60th birthday are not eligible to participate in the Plan,
Vested Rights And Breaks In Service
II you don' have a "break in service' as explained below. you will become "vested," thlit is.
entitled to retirement benelits under the Plan. alter you have completed 10 Years of Service' or
attain age 65. whichever comes first. II you leave the Company alter you have become vested.
you will still be entitled to receive retirement benefits when you reach retirement age, If you
terminate service belore you are vested. no benefits win be payable, As a participant in the Plan.
you will receive credit for vesting and lor accrual 01 benefits for each calendar year during which
you work 1.000 hours,
If you are charged with a break in service. you may have to re-qualily lor entry into the Plan and an
01 your previous service will be disregarded. A break in service occurs when the number 01
consecutive Years 01 Service in which a participant works less than 501 hours equals or exceeds
the ;reatM 01 live years or the number 01 Years 01 Service prior to the break. Years in which a
par1lcipant works between 50 1 and 1.000 hours will not be considered a break in service. and
they will not count lor credit lor vesting and accrual of benefits. No Plan participant will be chaIged
with . break in service as a result 01 an absence of one year or less which is due to pregnancy or
~iOn or care 01 a child immediately tonowing childbirttl or adoptoOl'l and which has been
approved by the Company'S Retirement AdminlstratiOn Committee. Once you are vested. future
brDks in service will not a"eel retirement benefits you have already HmId,
. s.. NCficIn ..lIifIItd "The Atnoln 01 Your Retilen1IIIlt BenfMs' g an .~ 01 YNrI 01
$eM:e.
, l.
.~
. '
.
1 ABLE OF CONTENTS
f.IlII
Eligibility
1
1
To Our Associates In The WciOlwoIth Family 01 Companies
Vested Rights And Breaks In Service
The Amount 01 Your Retirement Benefits
2
3
When Retirement Benefits Can Begin
How Benefits Are Paid
4
PIt/dement Survivor Annuity
How To AWY Fat Retiotf,l8I1t Benefits
Other Information AbDul The Plan
Who Sponsors And Administers The Plan
Plan TrP' And Identification NumbIfI
Agent Fat Service Of Legal Process
Where You Can Set The Plan Ooc:uments
How Plan RICOIds Ale Kapl
How To AIlPeIIIf Relil emenI Bentlits Ate 0InIId
What Happens To Your s.r.....ts" The Plan Ends
A Word About SodII Security Iltnefits
Stll111ellt Of ERISA Rights
au.. ... And LI1IItlltiOnS Of The Ptnslon 8ItIefit
0uIranly Co.l)<lI.-on
5
6
7
7
8
8
8
8
8
t
.
10
11
ADMINISTRATION OF THE PLAN
- -- -~--- .. .,,__.. .._ _.n.'_____.__
- ..---. -------.-------...----..--- .._~_.._-_.
WHAT HAPPENSTO\'OUR BENEFITS IFTHE PLAN ENDS
Although it is intended that the Plan will bt! permanent. the company reserves the right to change.
suspend or terminate the Plan at any time, Modifications may be made retroactively if necessary to
qualify or maintain the Plan so that the requirements of applicable law may be mel. No such
modification can reduce the benefits you have earned up to the time the modification is made. except
if the law permits otherwise. In the event the Plan is terminated. the rights of all affected participants
to their accrued retirement benefits will become vested. to the extent funded. as of the date of the
Plans termination, The Plans benefits. up to certain limits. are insured by the Pension Benefit Guaranty
Corporation (PBGC). which was set up by the Federal Government. If the Plan is terminated. its assets
will be applied. as prescribed by law. for the benefit of retired participants, vested participants and their
respective beneficiaries and to expenses of the Plan. No funds will be returned to the company until
all such legal obligations are satisfied,
SOCIAL SECURITY BENEFITS
The benefits provided by the Plan are in addition to any Social Security benefits to which you may be
entitled, You and the company share equally in the cost of your Social Security benefits. The amount
of your Social Security benefit is based on your actual covered earnings for past years, Your earnings
are adjusted to take into account average wages in the United States for each year since the later of
1951 or age 22, These adjusted earnings are averaged together and a formula is applied to the average
to obtain your Social Security benefit.
Full Social Security benefits may begin at Social Security Normal Retirement Age, If you were born
before 1938. Social Security Normal Retirement Age is 65, If you were born in 1938 or after. Social
Security Normal Retirement Age slowly increases to 67 as illustrated below:
Social Security Social Security
Normal Normal
Vear of Birth Retirement Vea, of Birth Retirement
Before 1938 65 1955 66 & 2 months
1938 65 & 2 months 1956 66 & 4 months
1939 65 & 4 months 1957 66 & 6 months
1940 65 & 6 months 1958 66 & 8 months
1941 65 & 8 months 1959 66 & 10 months
1942 65 & 10 months 1960 & after 67
1943-1954 66
Reduced Social Security benehts may begin as early as age 62 The amount ollhe reduction dependa
upon your &98 at 1M lime that Social Secunly benefits actually begin. ~ stlOU$e and UlVnIl'l'Ied
depe!lCIent ctli/dl'ltn may also be ...,1iIIed 10 Social Security bet ..fits.
To obtalO ITlOflt II'ItlrmatlOn abOut benefits payable upon retirement, death or cMabiIily. (It to apply far
Social Secl.ll1ly benefits. COl'Qct your local Social Secunty Office
20
. ., ,
.
.
HOW YOUR RETIREMENT BENEFIT IS DETERMINED
THE AMOUNT OF YOUR RETIREMENT BENEFIT
The ,following chart shows how this participants acccount balance will accumulate:
ACCOUNT YEARS
BALANCE OF SERVICE COMPENSATION ACCOUNT
ON INTEREST ASOF CREDITS DURING BALANCE ON
YEAR JANUARY 1 ST CREDITS JANUARY 1ST THE YEAR DECEMBER 31ST
1996 $7.000 $420 10 $330 $7.750
1997 $7.750 $465 11 $460 $8.675
1998 $8.675 $521 12 $480 $9.676
In the previous example. interest credits and compensation credits were determined as follows:
1996
Interest Credits:
Compensation Credits:
$ 7,000 x 6,0% equals
$22.000 x 1.5% equals
Total Additions:
1997
Interest Credits:
Compensation Credits:
$7,750 x 6,0% equals
$22.660 x 2,0% equals
Plus
$22.660 - $22.000 equals $660 x 1,00/0 equals
L2
$ 453
Total Compensation Credits:
Total Additions:
1998
Interest Credits:
Compensation Credits:
$8.675 x 6.0% equals
$23.340 x 2.0% equals
Plus
523.340, 522.000 equals $1,340 x 1,00/0 equals
Total Compensation Credits:
Total Additions:
$ 13
$ 467
$ 420
$ 330
$ 750
$ 465
$ 460
$ 925
$ 521
$ 480
S 1,001.
Interest credits and compensation credits would continue to be determined as indicated above lor each
year of service. In years when compensation credits are based on less than a run year. the 522.000 is
prorated, The lump sum payable to you is the grealer or your account balance or the amount
determined under lederallaw and IRS regulations.
The purpose of the previous example is lot illustration only. It $haws how benefits are determined under
the PI.an S Iormula and does not IeIate to any spedfic partrciparlt Individual eircumstances will vary
Amounts in the pre~ious Pan1H hlMt been rounded lot.... of iItustration.
14
HOW YOUR RETIREMENT BENEFIT IS DETERMINED
When your employment terminates. you are en tilled to receive payments on a monthly basis (an
annuity) or in a lump sum. The annuity payable to you is determined in the following manner. Your
account balance is increased by mterest credits (as described below) to normal retlfement date. The
resulting amount is converted to an annuity using factors required by federal law and IRS regulations.
The lump sum payable to you is the greater of your account balance or the amount determined by
multiplying the annuity payable to you by lactors required by federal law and IRS regulations,
INITIAL ACCOUNT BALANCE
If you were a particIpant in the Plan on December 31.1995. you have an im/ial account balance That
balance is equal to the actuarial equivalent lump sum value of your accrued benefit under the Plan as
of December 31. 1995,
Account balances for participants who were age 50 or older with at least 15 years of service for
vesting purposes as 01 December 31.1995 were enhanced by a one-time formula, The initial account
balance lor partIcipants who met these requirements was increased by a lactor, The lactor was
determined as lollows:
1 minus i\ alone percent for each month !rom the later of your age on December 31. 1995
or the first day of the month nearest age 55 to normal retlfement date.
Following is an eX'Imple 01 how an account balance is increased by the one.bme enhancement
faclor :
Age as 01 December 3t. 1995:
Years of service as 01 December 3 t. 1995:
Accrued benelit as 01 December 3t. 1995:
Account balance (belore enhancement) as 01 January 1. 1996:
Enhancement lactor: 1 minus (~% x 120 months) equals
Initial account balance (alter enhancement): $2.170 .;- ,600 equals
50
15
$ 1.000
$ 2,170
,600
S 3.617
Your accrued benefit at the time your employment terminates is the greater of the amount determined
under the Plan as amended on January 1. 1996 or your accrued benelit as of December 31. 1995,
INTEREST CREDITS
Interest credits will help your account balance grow. On the last day 01 each Plan year. account
ba'ances. as of the lirst day 01 that Plan year will be credited with interest at the rate of 6% (11'2% per
month). In the first year and final year that you are a Plan partiCipant. interest will be credited lor the
actual number 01 months that you are an active Plan partiCIpant. Interest is credited to vested account
balances that remain in the Plan alter the six-month periOd following the date your employment
terminates,
t~
WHEN YOUR BENEFIT CAN BEGIN
AT OR AFTER NORMAL RETIREMENT DATE
Once you reach age 70:~ the Plan is required by law to begin to pay you a benefit. This benefit (called
a mandatory distribution) is payable beginning on the Apnllst following the year in which you attain
age 70~. even if you are still actively employed,
IN THE EVENT OF YOUR DEATH BEFORE YOUR BENEFITS BEGIN
In the event of your death before your benefits begin a benefit is payable to your spouse if you were
vested at the time of your death. Benefits may begin during the six-month period following the date of
your death or when you would have reached your early ret"ement dale. but in no event later than your
normal retirement dale, Only your spouse will be entitled to this benefit.
FORMS OF BENEFIT PAYMENT
The various forms of benefit payment available under the Plan are described below. The form of benefit
payment that you select may not be changed aher your payment begins. However. if the benefit payable
has an actuarial equivalent present value of $3.500 or less. a lump sum payment will be made as soon
as administratively possible. and no other form of payment may be elected, In this case no further
benefits will be payable from the Plan. The HROC will send you a package consisting of the documents
you will need to file for your benefit. The appropriate forms must be completed and returned before a
payment is made,
NORMAL FORMS OF PAYMENT
The normal form of payment is the form in which you may expect to receive your benefit payments
unless you elect an optional form of payment. Your normal form depends upon whether or not you are
married,
If you are married when you receive payment of your benefit. the normal form of payment is a Qualified
50% Joint and Survivor Annuity. This form of payment provides reduced benefit payments during your
lifetime with 50% of your reduced benefit payments continuing to your spouse after your death, If you
do not want this lorm of payment. your spouse must consent in writing, witnessed by a notary public.
on a form provided by the company If you choose an optional form of payment and elect a person
other than your spouse as your benefICiary. your spouse must also consent to your designation of
beneficiary,
If you are not married when you receive payment of your benefit. the normal form of payment is the
Single Ufe Annuity, The Single Life Annuity provides payments during your lifetime only,
OPTIONAL FORMS OF PAYMENT
Instead of the normal form of payment. you may choose one 01 the following optional forms of payment:
. Lump Sum Payment Option - This form of payment provides you with a lump sum which
represents the actuarial equivalent value 01 your accrued benefit. If you elect this form of payment.
no further benefits will become payable Irom the Plan II you terminate employment with the
employer prior 10 your early retirement date. a lump sum payment is the only optionaJ form of
payment that you may elect dunng the SIX.month panod following your termination of employment.
(Note: 'rtlu may choose your normallorm of payment Instead of a lump sum payment)
. Single U" Annuity OptIon - The Single Lde Annuity 1$ only avaiIallIe as an optionaJ form of
payment lor married Nn",p..1Ns on Of altef ear)' re-!;~t ddte. This option pI'O\rides ~t
payments dunng your lltetlme only Please 1\01$. .. you are not mamed wtlen you receMt ~
of your benefit. the l'IOrmal form of payment 1$ the SIf1gfe lde AnnuIty.
to
ELIGIBILITY
If you were a participant in the Plan on January 1.1996 . you will be eligible to continue to participate
in tM Plan. If you were not a Plan participant on January '. 1996. you are automatically enrolled in the
Plan and begin accumulating or accruing benefits on the first day of the month nearest both your
attainment of age 21 and your completion 011.000 hours of service during the 12 consecutive-month
period beginning with your employment dete, II you do not work 1.000 hours during the initial 12
months 01 your employment. you will be eligible to participate on the January 1 st after you have
completed 1.000 hours in the prior calendar year.
Examples
alf you were employed on May 2. 1995. and
a You were age 21 by May 2. 1996. and
a Worked at least 1.000 hours by May 2. 1996.
a Your participation begins on May 1. 1996.
alf you were employed on November 7. 1995. and
a You were age 21 by November 7. 1996. and
a Worked less than 1.000 hours by November 7. 1996. and
a Worked at least 1.000 hours between January 1. 1996 and December 31. 1996.
a Your participation begins on January 1. 1997.
The Plan is not available to associates who are considered leased employees under the Code.
members of collec1ive bargaining groups that have not adopted this Plan. or nonresident aliens with no
U,S, source income, Retirement benefits of participants in the Kinney Shoe Corporation Pension Plan
for Manufac1uring Employees (the"Manufacturing Plan') will be determined under the provisions of the
Manufacturing Plan,
VESTED RIGHTS AND BREAKS IN SERVICE
VESTED RIGHTS
A year of service for vesting purposes is. generally. a calendar year in which you work at least 1.000
hours, Years of service lor vesting purposes begin to be credited on your dale of empfoyment. II you
do not have a disqualifying break in service. as explained below. you will become vested. that is.
entitled 10 a benefit under the Plan. after you have completed flVU years of service or after having
attained age 65 and completed one year of Plan participation while in active employment If you leave
the employer after you have become vested, you will be entitled to receive a benefit. If you terminate
service befol'e you are ~'8sted, no benefits wiD be payable,
BREAKS IN SERVICE
If you are not vested, a disquatifying break in service occurs when the number of consecutive calendar
years in wflich a par/lcipant worU less than 501 houfS equaI$ or exceeds IiYe years, If you have a
disqualifying break in service. you will have 10 requalify lor entry into the PIdn and all of your previous
yNfS of MMcewill be clsfegafded Y8ar$ in wflich a par/ICit;Jantworks between 501 and 1.000 houfS
will not count towanis a disqualifying break In MMce and they will not count lor Cl'edt lor vesting and
llCCl'U8l 01 ~, Once you are ~'8stro, futIn seMCe breaks will not an.c:t your lJCCrl.Ied benefit
If you are .flled lIIhen your ~ terminates, or not ~-estt'd and do not ~ a dsqutafitylng
tM'Mk in S*W:e. and a,. sub$tqUently tmpIo'f'ed by an emoIo)~ you will b<<Ol... a ~ipMltin the
PIdn a, 01 your date of ~. ~ you again NtI$fy the PIdn 5 efigibility I1lqlJittKnelIts.
t\
DEFINITION OF TERMS
EARLY RETIREMENT DATE
The first day of the month nearest your 55th birthday and the completion of five years of service for
vesting purposes,
EMPLOYER
The company and any other entity that is or becomes a participating employer in the Plan.
ERISA
The Employee Retirement Income Security Act of 1974. as amended. is a federal law that governs the
Plan.
FIRST DAY OF THE MONTH NEAREST
For dates from the 1st day of a certain month through and including the 15th day of that month. the
first day of the month nearest is the first day of that month, For dates from the 16th day of a certain
month through and including the last day of that month. the first day of the month nearest is the first
day of the next month,
HIGHLY COMPENSATED EMPLOYEE
Generally. an associate who earns at least $66.000 per year (in 1996). as adjusted for cost of living
increases in accordance with the Code.
HOURS OF SERVICE
Generally. subject to the terms of the Plan. each hour of work for which an associate directly or
indirectly receives compensatIon for actual working time including overtime and for certain nonworking
time such as vacation. sick days. and holidays,
INmAL ACCOUNT BALANCE
If you were a participant in the Plan on December 31. 1995 and on January 1. 1996. you have an initial
account balance, Thai balance is equal 10 Ihe actuarial equivalent lump sum value of your accrued
benefit (as determined under the terms of the Plan in eRect on December 31. 1995) as of December
31. 1995, This value is determined actuarially based upon a 9% rate of interest and the mortality labIe
set forth in IRS rulings,
IRA
Individual Retirement Account
IRS
Internal Revenue Service
NORMALREnREMENTAGE
The later 01 attainment 01 age 65 or one year following the date an associate becomes a partdpant in
the Plan.
NORMAL REnREMENT DATE
The fIrst day of the f'I'lOntf'l nearest your normal ret'rement age
PARllCIPANT
An etiglbIe aS$OCiale of any empJo~'er who has ~ the f'i.an~ ~ ~
PlAH
The Wootworlh Aettrement Plan.
6
. ..
TABLE OF CONTENTS
----------------....----..- --
PAGE
HIGHLIGHTS, , , . , , , . , , . , . , , . . , . , . . " 3
DEFINITION OF TERMS. .. .. , .. , .. . , " 5
ELIGIBILITY , , , . , , . . , , . , , . . . , . . . , , ., 8
VESTED RIGHTS
AND BREAKS IN SERVICE, . , , , . , . . . , " 8
. Vested Rights
. Breaks in Service
REEMPLOYMENT AFTER TERMINATION
OR RETIREMENT, , , . , . , . , , . , . . , , , . " 9
WHEN YOUR BENEFIT CAN BEGIN, , . . " 9
. Prior to Early Retirement Date
. At or After Early Retirement Date
. At or After Normal Retirement Date
. In The Event of Your Death Before Your
Benefits Begin
FORMS OF BENEFIT
PAYMENT. . . , , . , , , , , , . , , , , , , , , , . , , , 10
. Normal Forms of Payment
. Optional Forms of Payment
. Preretirement Survivor Benefit
HOW YOUR RETIREMENT
BENEFIT IS DETERMINED,.""""." 11
. Initial Account Balance
. Interest Credits
. Compensation Credits
. The Amount of '1\)ur Retirement Benefit
HOW TO APPLY FOR
RETIREMENT BENEFITS. , , , , , , . , . , , , . 15
PAGE
ROLLOVERS, .. .. .. , . .. .. . , .. . . .. . . . 15
TAXES ON PLAN PAyMENTS,......... 16
OTHER INFORMATION
ABOUT THE PLAN ,..',..,........" 17
. Assignment of Plan Interest
. Qualified Domestic Relations Orders
. Top Heavy Provisions
. Employment Rights Not Guaranteed
. Combined Plan Limits
ADMINISTRATION
OF THE PLAN, .. , .. . . . , , . , . . . . .. , .. . 18
. Plan Sponsor and Administrator
. Plan Type and Identification Numbers
. Agent tor Service of Legal Process
. Where you can see the Plan Documents
. How Plan Records Are Kept
. How to Appeal if Benefits Are Denied
. What Happens to Your Benefits if The Plan
Ends
SOCIAL SECURITY
BENEFITS, . , , , , , ,. , , , , , . .. , . ., , . , , .20
STATEMENT OF ERISA RIGHTS ........ 21
GUARANTEES AND LIMITATIONS
OF THE PENSION BENEFIT
GUARANTY CORPORATION ." . . . . . , . , 22
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GENERALINFORMAnON
GENERAl
This stalement was prepared using your personal dala In our files.
Benefits may be subject to conditions and qualifications not discussed In
this statement due 10 space limitations, See your Summary Plan
Description booklet for details, You should consult your Benefits
Representative if you have any quertions about your benefits or before
you make a decision conceming retirement or lermination, Every effort
has been made to present accurate information on this statement. In case
of any inconsistency between this statement and the ptan document. the
terms of the official Plan document will always govern, The plan
documents are available for copying or inspection,
';'/~~.::~:.~~.~:.'~:~...~.~;-~.-~.~~.~;.....~~~.~~t~" :'~ ;::. :-...
PERSONALINFORMAnoN
The information p(esented on this statement Is based on the following
personal data in our fdes as of January 1. 200 1, Please contac1 your
Benefits Representative if any of this information is incorrect,
Social Security Number .......,.......
Date of Birth ....,.............................
Date of Hire..,................................
-r~, ..2~'.;~.:i:'.""'::~, ~,' ~~~/. :r!;.. ", ~_: -. ,: . ~.
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l<rislen Brown
Highmark Inc
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Kristen A Brown Employee 10: 004880 TAX DATA: Federal PA State
623 Ridge Road Department: 0125 Marital Status: Single SINGLE
Lewisberry PA 17339 Location: 2A Allowsnces: 1
Pay Begin Date: 0111912002 Addl. Percent:
Job Title: OPL Contract Specialisl Addl. Amount:
Pay End Date: 0210112002
SSN: 190-62-7351 Check Date: 0210812002
Total Earnings Total Tax.. Total Deductions Net Pay
Current 1,16427 260.29 17.49 886.49
earnings
Description HOUI'S
Regular 5600
Fie. Time 7.50
Per Pd Tim 7.50
Vacation 4 00
Rate
15.523590
15.523590
15.523590
15523590
Amount
86932
116.43
11643
62.09
Total:
1,164027
Taxes
Desc:rlption
Fed 'MtI1."IoIdng
Fed MEOIEE
Fed OASOIlEE
PI. WIll41U1d>tg
PA FAlRVW T WtIlhoIdng
Amount
128S2
16.67
7t211
32.18
1164
currwnt
Taublll GtollS
1149.74
114974
1149 74
1149211
1164 27
Total:
2SUt
..,..T.. OMkInl_
o..crIpBon ~
~ 364
...... T.. 0.. tIll IS
o..crIpBon MO'\lllt
\.II'IlI..tw., 250
tnlpla ~ tr PIIlt .11.1'"
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Pay '.l1quiry
Page I 01'2
View Paycheck
Kristen Brown
Highmark Inc
For a prior pay period, click Paycheck Selection
1) HELP
Return To Payroll Main Page
Kristen A Brown Employee 10: 004880 TAX DATA: Federal PA State
623 Ridge Road Department: 0125 Marital Status: Single SINGLE
Lewisberry PA 17339 Location: 2A Allowances:
Pay Begin Date: 0210212002 Addl. Percent:
Job Title: OPL Contract Specialist Addl, Amount:
Pay End Date: 0211512002
SSN: 190-62.7351 Check Date: 0212212002
Total Earnings Total Tues Total Deductions Net Pay
Current 1,16427 260 30 1749 886.48
Earnings
Description HoutS
Regular 74 75
Vacation 0.25
Rate
15 523590
15523590
Amount
1.16039
388
Total:
1,164,27
TSI"
Descriplion
Fed V'<\\tlholdng
Fed MEOIEE
Fed OASOtiEE
PA 'MtNtoldng
PA F AIRVW T 'Mlhhoklng
Amount
12852
1667
7129
3218
1164
Current
Tauble Gross
114974
114974
114974
114928
116427
Total:
m,30
e.fan.Tu o.ductl_
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SMT...ClIS 1135
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2701 WellsF~rgoWiJY
MAC X9901-058
Minneapolis. MN 55408
CUSTOMER ACCOUNT ACTIVITY STATEMENT
DATE 06/06/02
PAGE 1
EQ BY MCH
ICHAEL 0 BROWN
RISTEN A BROWN
11 W SIXTEENTH STREET
EW CUMBERLAND PA 17070
OAN NUMBER: 1784675
******************************.*******.*********...***.**....***.**.....**..**
------------------------- CURRENT ACCOUNT INFORMATION ------------------------
DATE TOTAL PRINCIPAL LOAN CURRENT
PAYMENT PAYMENT & INTEREST INTEREST PRINCIPAL ESCROW
DUE AMOUNT PAYMENT RATE BALANCE BALANCE
7-01-02 688.14 562.87 7.50000 68,798.88 917.06
***.....*...*....**.**.....**.**.****....****...**.......*.*..*...*......*****
ROCESS
DATE
DUE
DATE
ACTIVITY FOR PERIOD
TRANSACTION
CODE
01/01/01 - 06/05/02
TRANSACTION
DESCRIPTION
EFFECTIVE DATE
OF TRANSACTION
------------------------------------------------------------.----------.---.--
T~~SACTION PRIN. PAID/ ESCROW PAID/ ------------OTHER---------.._.
~~OUNT BALANCE INTEREST BALANCE AMOUNT CODE/DESCRIPTION
6-05-02 07-02 175 PRINCIPAL PAYMENT
11.86 11.86 0.00
68,798.88
6-05-02 06-02 173 PAYMENT
688.14 131.98 430.89
68,810.74
6-04-02 08-02 310 MORTGAGE
29.15- 0.00
0.00
NEW PRINCIPAL/ESCROW BALANCES
125.27
917.06 NEW PRINCIPAL/ESCROW BALANCES
INSURANCE DISBURSEMENT
0.00 29.15-
791.79
NEW PRINCIPAL/ESCROW BALANCES
5-07-02 05-02 172 PAYMENT
700.00 131.16 431.71 125.27 1:.86 1 LATE FEE
68,942.72 820.94 NEW PRINCIPAL/ESCROW BALANCES
5-03-02 08-02 310 MORTGAGE INSURANCE DISBURSEMENT
29.15- 0.00 0.00 :a,IS-
695.67 NEW PRINCIPAL/ESCROW BAt~CES
4-10-02 05-02 175 PRINCIPAL PAYMENT
11.86 11.86 0.00 0.00
69,073.88 NEW PRtNctPAt'/iSCIWW BALANCES
4-10-02 04-02 113 PAYMENT
688.14 130.27 432,60 125.27
69.085.74 124.82 N!W PRINCIPAL/ESCROW ~LAN~~s
4 -C4 - 02 08 -02 :nO MORTGAGE INSI!RA.>,lClS. mSatIRSEMtNT
29.15- 0.00 0.00 29.15'
su.r;.. NEW l'IHNCIVALliiSCROW Mt.o\N('lW
,
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If no exceptions are filed, counsel shall prepare an
order of Court consistent with the recommendations
and provide a proposed order of Court to the Master.
counsel shall also prepare and provide with the
proposed order of Court a praecipe. to the
prothonotary directing the prothonotary to submit the
case to the Court for final disposition. The Master
will then transfer the file with the proposed order
of Court and praecipe to the prothonotary's Office
for docketing and transmittal by the Prothonotary to
the Court.
. FOrM available in the 'rothOnOta~'s office and the
M&ater'. office. IHQI the praecipe to tran.-it the
record form as set out in P.R.C.P. 1920,71tb).)
located at 811 16th Street, New Cumberland, P A 17070,
8, Husband was directed to pay Wife the sum of$16,000 within 30 days of the final
Order in the proceedings,
9, Failure to pay said amount within a 30-day period required that interest accrue at a
legal rate of 6% per annum.
10, Respondent was also directed to remove Wife's name from the mortgage
obligation on the property, This removal was to occur within 30 days of the date of the final
Order.
II. In the event thai Wife's name was nol removed Ihrough the refinancing of the
property, the Master ordered the residence sold and the mortgage paid.
12. Upon the sale of the property, Wife was to receive the first $16,000 and Husband
would retain the remaining proceeds,
13, It was specifically ordered thai ifHusband failed to comply with the Court Order
entered in confonnily with the recommendations, he was to reimburse Wife for al\ fees and costs
incurred while enforcing her righls under the Order.
14. This Master's opinion was entered as a final Order on February 4, 2003.
IS. Pursuant to Ihe tenus of the Order, Mr. Brown was to have paid Petitioner
S 16,000 by March 6, 2003.
16. On June 16, 2003, counsel for Petitioner drafted correspondence to Mr. Bro.'Il
granting him an additional ten days in which 10 refinance the property or list it for sale.
Thereafter, the k:tter indicated that Petitioner would be seekins the sale oftlle: marital home.
Said corrapondern:e is attached heretu as Exhihit ~B,~
17, Throughout the divOlce proceedings, Respondent was uncooperative and
Petitioner incurred signilicantlegal expenses and costs in attempting to gather the asset and debt
infomlation necessary to effect equitable distribution.
18. It is clear by Respondent's continuing lack of responsiveness both to the Order
and to Petitioner's correspondence that Respondent has no intention of complying with the terms
oCthis Order.
19, Therefore. Petitioner is requesting that the Court order that the home be sold and
further order that she be granted authority to list the marital residence for sale and execute all
documentation necessary to effectuate such sale. including. but not limited to. a sales agreement.
a contmct for the sale oCthe home. and a deed,
20, In the event that Respondent docs not coopemte regarding the sale oCthe home,
Petitioner requests this Honorable Court to evict him from the home and gmnt her sole and
exclusive possession in order to effectuate the sale.
21. Petitioner funher requests this Honomble Coun to grant her fees and costs
incurred in pursuing this matter,
WHEREFORE. Petitioner requests this Honorable Court to enter the following Order;
A, Michael Brown is hereby found in Contempt,
B, The home located at 811 16'" Street, New Cumberland. P A 17070 shall be placed
for immediate sale.
e. Petitioner Kristl'll A, Brown is hereby gmnted all authority necessary to efTcduale
the tmns of the sale, including the excwtion of a listing agreement. sales contract. and deed,
D, If Respondent fails to cooperate with the listing of the sale. Petitioner abaIl be
~A
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AEAGER &. ADLER, P,C.
ATTORNEYS AT LAW
2331 MARKET STREET
CAMP HILL. PA 17011.4542
e7171 753.1383
JUl 1 n003)
KRISTEN A. BROWN.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
v.
: NO. 97-4438
MICHAEL D. BROWN,
Defendant
: CIVIL ACTION - LAW
:IN
ORDF.R
AND NOW, this IS!; day of 9"1 .2003, upon consideration of the
IJ, . .::tZ j;/t...
Petition itis hereby ORDERED as f "t"'s: ;t:t...J:o.. f[.u.U.. M/ .HA'" J - '
. :;t,. ~ C'tt'" ~.:d.... ~ ~ ~ 0./ j..Uf,'
~ Michael Brown is hereby found in cottempt of Court;
B. The home located at 811 16th Street, New Cwnberland, PA 17070 shall be placed
for immediate sale;
C. Petitioner Kristen A. BtoV\ll is granted all authority necessary to effectuate the
tenns of the sale, including the execution of a listing agreement, sales contract, and deed;
D. If Respondent fails to cooperate with the listing of the marital home for sale,
Petitioner is hereby granted exclusive possession of the marital home, and Respondent is given
15 days in which to remove himself from the home.
. .' 'J).f'.;~ 2 Petitioner is awarded attorneys fees and costs in the amount oCSSOO.,
ILt.... }lJ'" u(.t. IO~ /c- ,4&.....,_:..
BY THE COURT
~~g~
~ J.
TRUE COPY FROM RECORD
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