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Home My WebLink About97-05801 ~ ~ \, ~ ~ I ... ~ " \ . " d , i I \ , , ! , I " ,'; u " - .~ - ,. . . .J..:;' a' ~ ~ ~~61" d, q -G'~I~- J.>>.a' 7'~ ,1~te-~ Z. 4 ~, . LAW aPPIC. 0' HAROLD S. IRWIN, III 3IUST HIGH STR.n, SUIT. 201/202 CARLIIL., 'A 11013 (1111243-.0.0 '! LORETTA M. HURLEY, PlaintIff I IN THE COURT OF COMMON PLEAS 0' I CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL L. HURLEY, Defendant I CIVIL ACTION. LAW I NO. 97.11101 CIVIL TERM I IN DIVClRCE PRAI!CIPI! TO TRANSMIT RI!CORD Please transmit the record. together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about October 27, 1997, defendant was served by certified mall, restricted delivery, with a copy of the divorce complaint. See Affidavit of Service flied by plaintiff's counsel on October 28,1997, 3, Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: By the plaintiff: February 9, 2000 By the defendant: February 9, 2000 (b)(l) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: N/A; and (2) Date of fiting and service of the plaintiffs affidavit upon the defendant: N/A, 4. Related claims pending: None, 5. Complete either (a) or (b): (a) Date and manner of service of the notice of Intention to file praecipe to transmll recore, a copy of which Is attached: N/A, . (b) Date plelntiffs Waiver of Notice In Section 3301(c) Divorce wes flied with the Prothonotary: February 10, 2000 Date defendant's Waiver of Notice L, Section 3301(c) Dlvorc with the Prothonotary: February 10, 2000 March 22, 2000 .,/' J N J, BARANSKI, JR, nORNEY ID NO. 82585 AnORNEY FOR PLAINTIFF .- ~ e 0 n <;;) .t. ::!: ;11.,;, ~. (',0' :..1 ~( 1".,) ; ~.. ~ " , , ~_. .;l~1 , ' ~' t" .-1: ~() ::I; J ~- _I, ') ~U 'f! - . ' ~ C -' ;;.: '.n ...:~ ~ ..:, (J) ::< HAROLD S. IRWIN, Ill, ISQUIRI ATTORNIY ID NO. 28120 3D IAIT HIOH ITRIIT CARLlILI PA 17013 (7171243-1010 ATTORNIY 'OR PLAINTIPP LORI!TTA M. HURLI!Y. PI.lntl" I IN THI! COURT OF COMMON PLUS OF I CUMBI!RLAND COUNTY, PI!NNSYLVANIA I I CIVIL ACTION. LAW I NO. 91 . 11801 CIVIL TI!RM I I IN DIVORCI! v. MICHAI!L L. HURLI!Y, Defend.nt NOTICE 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 fall to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court, A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff, You may lose money or property or other rights Important to you, including custody or visitation of your children, When the ground for 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Admlnlst~ator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 717.249-6200 v. I IN THII COURT 0.. COMMON PLUS 0.. I CUM.IRLAND COUNTY, PINNSYLVANIA I I CIVIL ACTION. LAW I NO. 87 . 11801 CIVIL TIRM I I IN DIVORCII LORIITTA M. HURUY, PI.lntlff MICHAIIL L. HURLIIY, Defend.nt AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301 lID AND ~ OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this amended complaint in divorce against the defendant, representing as follows: 1, The plaintiff is Loretta M, Hurley, an adult individual residing at 131 Center Street, Carlisle, Cumberland County, Pennsylvania 17013. 2, The defendant Is Michael L. Hurley, an adult individual residing at 375 Churchtown Road, Gardners, Cumberland County, Pennsylvania 17324. 3, The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action In divorce, 4. The plaintiff and the defendant were married on November 8, 1975, in Gardners, Cumberland County, Pennsylvania. 5, On October 21, 1997, plaintiff filed a complaint in divorce which was served upon the defendant on October 25. 1997 by certified mail, restricted delivery. 2 6, Plaintiff now seeks to amend her complaint as stated below: COUNT I . DIVORCe PursuBnt to 23 PB.C.S.A. Sections 3301 ~ }Bnd 3301 'BlIS} 7. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action Is based that the marriage between the parties is Irretrievably broken, 8, Pursuant to the Divorce Code, Section 3301 (a)(6), the plnlntiff avers as the grounds upon which this action Is based that the plaintiff is the Injured spouse and that the defendant has offered such Indignities to plaintiff as to render her condition intolerable and life burdensome, 9. The plaintiff avers that she has been advised of the availability of counseling and that she has the right to request that the court require the parties to participate in counseling, WHEREFORE, the Defendant demands judgment dissolving the marriage between the two parties, COUNT II . EQUITABLE DISTRIBUTION 10. The averments of paragraphs one through nine above are incorporated herein by reference as though fully set forth below, , I " 3 11, During their marriage. the parties have acquired certain property. both real and personal. WHEREFORE, the plaintiff prays this Honorable Court to equitably divide the parties' property, COUNT III . ALIMONY PENDENTE LITE. ALIMONY, COUNSEL FEES AND COSTS 12. The averments of paragraphs one through eleven above are Incorporated herein by reference as though fully set forth below, \ 13, Plaintiff Is without resources sufficient to pay for her reasonable needs, her counsel fees and the costs of these proceedings, WHEREFORE, the plaintiff prays this Honorable Court to award to her alimony pendente lite and alimony in an amount sufficient to provide for her reasonable needs, as well as counsel fees and costs, I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa, C. S, Section 4904 relating to unswom falsification to authorities, ROLD S. IRWIN, II Attorney for Plalntl November 1J.1998 4 , llAIIOLD a. IRWIN, III, laQUllII ATTOIINIV ID NO. 11111 U UST HIGH aTIIIIT CAIILlaLI PA 17an (717) 2a..... ATTOIINIV '011 PUINTIP' LOIIITTA M. HUIILlY. PlaintIff I IN THI COURT 0' COIIMON 'LIAS 0' : CUM..RLAND COUNTY, 'INNaYLVANIA I I CIVIL ACTION. LAW I NO. 17 . .:iW CIVIL TlIIM I I IN DIVORCI Y. MICHAIL L. HUIILlY, Oalandant NOTICE 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 tl1at if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court, A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 717.249-6200 LORITTA M. HURLIY, "alntlft IIN THI COURT OF COMMON 'LIAI OF I CUM.IRLA,.D COUNTY, 'INNIVLVANIA I I CIVIL ACTION. LAW I NO. 17 . .:ii.J2L CIVIL TERM I : IN DIVORCI! v. MICHAIL L. HURLIY, Defendant COMPLAINT IN DIVORCe UNDe~ seCTION 3301~ OF THe DIVORCE COOl! NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1, The plaintiff is Loretta M. Hurley, an adult individual residing at 131 Center Street, Carlisle, Cumberland County, Pennsylvania 17013, 2, The defendant is Michael L. Hurley, an adult individual residing at 375 Churchtown Road, Gardners, Cumberland County, Pennsylvania 17324. 3, The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce, 4, The plaintiff and the defendant were married on November 8, 1975, in Gardners, Cumberland County, Pennsylvania, 2 I #0 '. ~ ~ .. r '. , Y. I IN TH' COUIIT O' COMMON .LlAS O' I CUM..IUAND COUNTY, .INNSYLVANIA I I CIVIL ACTION. LAW I NO. 17 .:il2.I- CIVIL TIIIM I I IN DIVOIICI LOIIITTA M. HUIILIY, PlaIntiff MICHAIL L. HURLlY, Defendant PLAINTIFFOS MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly &worn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling, 2, I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 1 B Pa, C,S, Section 4904 relating to unsworn falsification to authorities, October;W. 1997 tti- --t.~( ( RETTA M, HURLEY, Plaint 4 HAROLD a. IRWIN, III, laQUIRI AnORNay ID NO. allal U UIT HI.H aTRllT CARLIILI PA 17ln (717la.o..... AnORNay POR PLAINT'" LORETTA M. HURLEY, 'Ialntlff I IN THE COURT 0' COMMON 'LEAl 0' I CUU8ERLAND COUNTY, 'ENNSYLVANIA v. I CIVIL ACTION. LAW I NO. .7 . 11101 CIVIL TERM MICHAEL L. HURLEY, Defandant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 00illill NOW, Harold S. Irwin, III, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on October 25, 1997, by certified mail "restricted delivery", addressed to him at 375 Churchtown Road, Gardners, PA 17324, with certified mail return receipt No. Z 126 560 973. 3. hereto. That the sender's receipt and signed receipt for certified mail is attached I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsifica 'on to authorities. October 27,1997 -.--- HAROLD S. IRWIN, III Attorney for plaintiff . i .~':"1_1"'___---J .~_I,"''''4la. I .... .."............ an........ "WlIDnn 10 '*.. GIn NIum" _11- ............. II... IIonI 01 IN,...,.... or on '" blc*lf..... noI , .e::--.......,....~ . ....on........bIGw"'MIde~. _n. ~ ..... MlIhow to wt'IDm hi ... ... dIIIhtMIlnd!hl detI 1- 10: (Y\tcnaeJ L Hu.r' e'f .375 <!.hurch+ow()7(d. (',afd.net~ '"PA n.3;J '-I 111oo wWllo........ lie IoIowtng _ :"'11I -IN): l. 0 Adchn....Addr_ ~ 2.~ DtIlwfy j CcntuIt paolmMllt... 1M, J 4.. NumOet Z- J -5lDO-'l7'3 J 411. lleMce ypo o RogIotll8d .d- O ExpIMt MeI f o flolum Rtcoipllof ~ ~ J I J U i) ~ (, ~ . .... ~. ~ ~ ~ .. ! ~ ~ , 15:iu~ ...... <0 ~ i I ... 0- , al i j ~ ~ .' ~ ~ ~ I C " .:3 1 I .JI 'irl: ~ - . ~ i , , t: < g cr ,-... I.Il ",,- t L~ il ~~ I .JI CC(J ~~~ ~ ~; -" -'. f1J ~UJ ~ ~~ ~~ t ~~ i" . . .... '" , . ;Jot, . . . ~~ '" , H " . :'i N \ ,! i j~ .. o- r ce,;: -. tee I ~"'tn '00., 1!H9~ Sd I I \ 'I I, r- ." ~':. """:.'i: 'TI ' ~~~ I : (: ' rl(: ':,.' "" ~.("" ..... (:.~) -- ~~~; :~J " ". -~ (::.1 ., forr ':J -'.... v. ; IN THE COURT Of COMMON PLEAS Of : CUMBERLAND COUNTY, PENNSYLVANiA ; CIVIL ACTION . LAW LORETTA M. HURLEY, Plaintiff MICHAEL L. HURLEY, Defendant : NO, 97.5801 CIVIL TERM : IN DIVORCE ~YER ON lSOTICE OF INT~NTION TO REQUEST THE ENTRY OF A DIVORCE DECREE llNDER ~330Hc) OF Tn!; DIVORCE CODE I, I consent to the entry of a finai decree in divorce without notice, 2, I understand that i may lose rights concerning alimony, division of propeny, iawyer's fees or expenses if I do not claim them before a divorce is granled, 3, I understand that I will not be divorce unlil a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is files with the Prothonotary. I VERIfY THAT THE STATEMENTS MADE iN THE fOREGOiNG AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND THAT fALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES Of 18 Pa,C,S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, DATE: d /(00 .,. LORElTA M. HURLEY, Plainti ff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CiVIL ACTION . LAW MICHAEL L. HURLEY, Defendant : 1'\0, 97.5801 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under ~3301 (c) of the Divorce Code was tiled on October 21,1997, 2, The marriage of Plaintiff and Defendant is irretrievabiy broken and ninety (90) days have eiapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree, I VERITY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT, I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF i8 Pa,C,S. ~4904 RELATING TO UNSWORN FALSIFICA nON TO AUTHORITIES, !, t DATE: ';;"); ~) I I "", <, c-j r'~! ': <.:....:' 2ft: ''1 '.1 , -,- . i l '- -~ -, <.:J r~ " , , .. -' ,- . ! .. ~-: ,'.) ..:: I", :.,"1 ." " I i [ , r ~ -; t' r ! 1/ <,.' L) , <..) "0; , ." Cpi ',-'" ~J , , ~~~ , .;;. , : , . ~ I' - Cj , " :-; :'0 , -, (..:. i.J , t r i I I I t ~ l .. '~.. LO~ETTA M. HURLEY. Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW vs. MICHAEL L. HURLEY. Defendant NO. 97 - 5801 CIVIL 19 : IN DIVORCE STATUS SHEET DATE: ACTIVITIES: No directive for pre-trial statements until counsel decide whether we need an indignities hearing. 12/8/98 a ,tIi'1. J~ . ~(J'~~~ (! ' fj a ,(h . (} . ,~ 9ft. j2~ qq ~" 8() a,r11. t\1f\~ _;;t'~)ci-_ f(p. q ~ . ~ jIb A it: JlJ O. M- /.., 1L'" .!",' 1"-<...,1:'1""11,,.,1("" ~., <AIA<-'/ ,~<.,,-lv.-'r'l(#II"""/ 41'<-.11." .,,,I,r./JtLI.1 ':- r {., ~p',11 1,,_, ',uf' ""1 1...._.,1 ~-I'-tt{~__ eJ. -~, "', '1"'" .... 7 ~~ ?'/1t'" (1/~:...t-l.:L.~ '-rJ.-~ Jo_'.lf , .A..J./J!Lno.f.ut-, (~J___"I:.... ..A~l!_L& (.LL) -'1[\<.. -~ljt} t l~,... ,...'1"..- -~fi /-~ ~ '* OFFICE OF DIVORCE MASTER CUMBERLAND COUN fV COURT OF COMMON PLEAS 9 North Hanover Slreet Carlisle, PA 17013 (717) 240'6535 E. Rollert EUck.r, .. Divorce Masler Tracl .10 Colyer Oflice Manager/R.porl.r w... ShoN 697,0371 exl, 6535 December 9, 1998 Ann M. Shepard Attorney at Law GRIFFIE , ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 REI Loretta M. Hurley vs. Michael L. Hurley No. 97 - 5801 civil In Divorce Harold S. Irwin, III, Esquire 35 East High Street Carlisle, PA 17013 Dear Mr. Irwin and Ms. Shepard: By order of Court of President Judge George E. Hotter dated December 3, 199B, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on October 21, 1997, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On December 1, 199B, an amended complaint was tiled raising grounds for divorce of indignities and the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and costs. A request for a Bill of Particulars was filed OIl December 4, 199B. I am not going to direct pre-trial statements. It counsel wish me to schedule an indignities hearing tollowing the filing of a Bill of Particulars, please contact my office. If we do not need to go forward with an indignities hearing, please contact me immediately and I will direct the filing of pre-trial statements. I also note that there was an order requiring counseling. There has been no report filed by the counselor nor is there any statement or affidavit in the file indicating that counseling ~ Mr. Irwin and Ms. Shepard, Attorneys at Law 9 December 1998 Paae 2 .e.sion. have been complet~d. Very truly yours, E. Robert Elicker, II Divorce Master Mr. Irwin and Mr. Grittie, Attorneys at Law 6 July 1999 Paae 2 with counsel to discuss the issues and, it necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: sanctions tor tailu~e to tile the pretrial statements are set torth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. * FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. ,'1 . _-4.- _ " A ~ ~ '" .- "'-. .. A ~ VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97 - 5801 CIVIL IN DIVORCE LORETTA M. HURLEY, Plaintiff MICHAEL L. HURLEY, Defendant NOTICE OF PRE-HEARING CONFERENCE TO: Harold S. Irwin, III Bradley L. Griffie , Counsel for Plaintiff , Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover street, Carlisle, pennpylvania, on the 7th day of December, 1999, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 9/1/99 E. Robert Elicker, II Divorce Master LORETTA M. HURLEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA I : NO. 97 - 5801 I I CIVIL ACTION - LAW I .. vs. - . MICHAEL L. HURLEY, Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Loretta M. Hurley , Plaintiff Harold S. Irwin, III Counsel for Plaintiff , Michael L. Hurley Defendant , Bradley L. Griffie Counsel for Defendant , You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street. Carlisle. pennsylvania on the day of 1999. at a.m.. at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. Pres iden t Judge Date of Order and Notice: By: \, f Divorce Master IF YOU DO NOT llAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPllONE TilE OFFICE SET FORTll BELOW TO FIND OUT WllERE YOU CAN GET LEGAL HELP. t I CUMIlEIlI.ANIJ COIINTY BAR ASSOCIATION l LIIIERTY AVENlJ~~ CAHLI~;LI':, I'A nOLI TELI':I'lIflNI': ("/1") /4"~ 111.1, LORETTA M. HURLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 97 - 5801 Civil MICHAEL L. HURLEY, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: John J. Baranski Loretta M. Hurley , Counsel for Plaintiff , Plaintiff Bradley L. Griffie Michael L. Hurley , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 9th day of February, 2000, at 9:30 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference a hearing will be scheduled at another date. Very truly yours, Date of Notice: January 4, 2000 E. Robert Elicker, II Divorce Master 'I LORETTA M. HURLEY, Plaintiff IN THE COURT OE' COMMON PLEAS OE' CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97 - 5801 CIVIL MICHAEL L. HURLEY, Defendant IN DIVORCE RE: Prehearing Conference Memorandum DATE: Tuesday, December 7, 1999 THE MASTER: Present for the Plaintiff, Loretta M. Hurley, is attorney John J. Baranski, and present for the Defendant, Michael L. Hurley, is attorney Bradley L. Griffie. We have had discussion today involving the assets of the parties and information that has been provided in the pretrial statements. The discussion also dealt with matters that need yet to be accomplished in order to have a sufficient idea of what the total marital estate is worth. Consequently, counsel are going to put on the record what they need to accomplish in order to complete discovery in the case and then we are going to schedule a four party conference in an effort to try to resolve the economic issues short of a hearing. The development of the values that need to be yet determined will be a considerable aid to us in trying to resolve the outstanding economic claims. The parties were married on November 8, 1975, and separated April 17, 1997. They are the natural parents of two children, one emancipated child and one child who is a senior in high school. Both parties are high school graduates and are 47 years of age. Wife lives at 176 Virginia Avenue, Carlisle, Pennsylvania, with the son, and husband lives at 375 Georgetown Road, Gardners, Pennsylvania. Husband lives alone. Wife is working for Book-of-the-Month Club and is currently taking home $549.54 every two weeks. She had previously been employed by Rite Aid Corporation but was terminated from that position. Wife is receiving, as child support, $286.95 per month. Husband is worki~g for the Department of Defense as a warehouseman and his net biweekly income is $812.91. . Neither party has reported any health issues. However, it should be notee that wife will not be able to be covered under husband's medical insurance plan upon the entry of a divorce decree and counsel for wife should advise at the conference how wife plans to resolve her medical insurance coverage and what costs, if any, there would if she decided to take the COBRA benefit available to her through husband's employer. Counsel are going to state on the record what they need to accomplish before the conference. Counsel will prepare a spreadsheet before the conference which they will share with each other so we can work from those numbers at the time that we meet with the parties to see where we have issues and where we have agreement on values. Mr. Griffie has indicated that the house has been appraised but he does not yet have the opinion of the appraiser. He also needs to ask the appraiser to give us a rental value. Mr. Griffie, would you like to state on the record what you believe needs to be accomplished to work toward a settlement and prepare a spreadsheet? MR. GRIFFIE: First and foremost, I'll be filing a praecipe clarifying the fact that my client ultimately chose not to pursue marriage counseling for which there was an order by Judge Bayley. Beyond providing copies of the appraisal from Mr. Barrett on the real estate when I receive that and his statement of rental value, we will be compiling essentially an expense sheet of taxes, insurance, and maintenance on the property that my client has maintained since he paid off the mortgage in 1998. In addition, I'll be securing an appraisal or a valuation of my client's civil service retirement systems pension though a Mr. Schlicter in Chambersburg. We will be Sharing that. I also will be securing copies of the loan documentation relative to my client's purchase of a Trans Am postseparation. I will also be securing the signature card opening the trustee account that is held by my client for the parties' son so we have clarification of how that is held and I will be discussing with my client the means through which those funds can be provided to the child or in the alternative, whether they should simply be included as . marital property. I will also be trying to confirm with my client that his F-150 pickup and Mrs. Hurley's Grand Prix, with the loan on that, will simply be considered a wash. I think that is all I'll need to put together. MR. BARANSKI: I, on behalf on my client, will obtain the cash surrender value on her Met Life insurance policy. I will also obtain statements from Members 1st Federal Credit Union and Rite Aid Federal Credit Union the date of separation values of those two accounts. I will confirm with my client that the F-150 pickup truck and the Pontiac Grand Prix with the loan on it are in fact a wash. I will confirm with my client that she is still agreeable to pay one half of the appraisal value of the real estate. It is my wish that opposing counsel will talk with his client and find out if he would be agreeable to have the household personalty that remains in the marital residence appraised. It is my client's wish that she receives credit for those items that were left behind. I will confirm with my client and with Rite Aid what my client received from Rite Aid as a "union settlement"; that also includes finding out if there was anything in addition to that union settlement for overtime. Counsel for the Defendant will provide me with a date of separation value on Defendant's York Federal Savings and Loan money market account. THE MASTER: A four party conference is scheduled for Thursday, December 23, 1999, at 6:30 a.m. Notices will be sent to counsel and the parties. cc: John J. Baranski Counsel for Plaintiff Bradley L. Griffie Counsel for Defendant . . Offlc. of Divorce M....' 9 North Hanover Slreet Carlisle, Pennsylvania 17013 .', 't LORETTA M, HURLEY 176 VIRGINIA AVENUE CARLISLE, PA 17013 ."u,.._._,~,. ""i\:U :'I'j . ,~~..~pt'1m 1fij.~" m~'Y!' . n ,: . I ! ) . ! I ."':'4h - , , " " r . " I .). , ~ ~- i " \ \ I \ . . '. !' , . . .--- - ~.- ~ - -. '"c_; Office 01 Divorce Ma.ter 9 North Hanover Street Carlisle, Pennsylvania 17013 MICHAEL L. HURLEY 375 GEORGETOWN ROAD GARDNERS, PA 17324 I. \ .t i; :1 I" li~F J. Ii " 1 f \ ': . ...~ . .' oM' . I i I I I '}..I i\ I, ~ i " \ . "oJ '-'. - ','.-'-:; ~ -- ~ , , ,~- ......,--. Irll,Oj LORETTA M. HURLEY, PiaintilT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, MICHAEL L. HURLEY, Defendant, : CIVIL ACTION - LAW NO. 97-5801 CIVIL TERM : IN DIVORCE ANSWER OF DEFENDANT TO AMENDED COMPLAINT IN DIVORCE AND COUNTERCLAIM I. Admiued, 2. Admiued, 3, Admiued, 4, Admiued. I ~, 5. Admiued, 6. Admiued. COUNT 1- DIVORCE 7, Admiued, 8, Denied, It is denied that the PlaintilT is the innocent and injured spouse in this case, It is denied that Ihe Defendant has ever olTered any indignities to the Plaintiff. It is denied thai Ihe Defendanl has ever done anything 10 render the Piaintitr s condition intolerable or life burdensome. 9, AdmiUed, WHEREFORE, Defendant requests your Honorable Court to enter a Decree in Divorce in this maUer, COUNT II. EOlJlTADLE D1STRI8UTION 10. Defendant's answers 10 paragraphs I through 9 above are incorporated herein by reference as if set forth in their full text. II. Admitted. WHEREFORE, Defendant requesls your Honorable Court to equitabiy divide the parties' marital property and equitably apportion the parties' maritai debt. COUNT III. ALIMONY PENDENTE LITE. ALIMONY. COUNSEL FEES AND COSTS 12, Defendant's answers to paragraphs I through II above are incorporated herein by reference as if sel forth in Iheir fulllext. 13, Denied, It is denied that the PlaintitT is without reasonable resources sufficient to pay for her reasonable needs, for counsel fees and the costs of these proceedings. WHEREFORE, Defendant requests your Honorable Court to dismiss Piaintitrs request for alimony pendente lite, alimony, counsei fees and costs. COUNTERCLAIM COUNSEL FEES AND COSTS 14, Defendants answers to Plaintitrs paragraphs I through 13 above are incorporated herein by reference as if set forth in their full text. 15, Defendant is withoul sufficient resources and income to pay for his reasonable attorney's fees and costs associated with defending the inslant divorce aClion which has been initiated by the PlaintitT, 16, Plaintiff has failed and refused 10 provide required information relalive to maritai assets and has even raiied and refused to answer Interrogatories that have been propounded upon her. 17. Piaintiff has failed and refuged to respond to multiple lellers from counsel fur the Defendant 10 counsei for Plaintiff: which has necessitated further unnecessary allorney's fees and costs for the Defendant. 18. Allorney's fees should appropriately be awarded from the Piaintiff to the Defendant for the Plaintiff's inappropriate, vexatious. obdurate and diiatory conduct. WHEREFORE. Defendant requesls your Honorable Court to enter an Order requiring Plaintiff to compensate him for allorney's fees in this maller, Respectfully submilled. r rime. Esquir Allorney for Defendant 200 North Hanover Street Carlisle, P A 170 \3 (717) 243-5551 (800) 347-5552 " -1!i'- . ' - - -..".... '-- --. %. .- . . ,- , .," I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, Seclion 4904, relaling to unsworn falsification to authorities. DATE: .~.i.I!,j/ .;<1 /<199 / . u, '--';?~L.'lfaL / MICHAEL L. HU it /",1.. t. .' n ,;"':' , ~."; ..., , ~i - .. I r;'1 '1 !-:~ ..... r-" 1.. , !.. '.;.J ~-_: i :,-) .. i . ol' '. , , " . . ~ .. ,! :_i :..' -: (., ...; GRIFFIE & ASSOCIATES Attorneys and Counselors At Law Bradloy 1.. Grim. Krll':n (;addard Danlon 100 Nortb lIaoo,"tr Sir". ('.rlbte. PA "01l (717) 143-555; 1(100) .l4H551 fAX 717.).43-5116] December 20, i999 .lI Nortb MaJD Sired Cum_.ra. PA mOl (717) 161.mo Rubin J. (;o.bl,lrn 1.f,11 "ul.laot E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover St. Carlisle, PA l70i3 Rtply 10: Carlltl. RE: Huriey v. Hurley No, 97-5801 Dear Mr, Eiicker: My client has been attempting to secure information reiative to his Civil Service Retirement (CSRS) Pension but is having difficulty securing accurate figures at this point. As I understand it, the Personnel Office at his depot have been moved out of State and, therefore, he can oniy deal over the phone. In addition, the depot is in the process of considering additional downsizing which have caused many empioyees there to call the Personnei Office seeking information regarding early retirement and Ihal sort of procedure. Because of this, the Personnel Office has suggested that it is not likely that he will even receive his information on his retirement before the 23'd, Therefore, there is no way we are going to have that information to the actuary and have it valued for our Pre-Trial Conference, In addition, particularly with the holidays coming upon us, it appears that we are not going to be abie to have the personal property appraisal completed either, Although I do not want to speak for opposing counsel, I suspect he may be encountering some difficulty in securing the information he needs from Rite Aid relative to his client's termination benefits, At this point, it really appears that, although we were being optimistic as to when we wouid have this infonnation and could conduct a settlement conference, Ihat optimism was not realistic, With all this in mind, I ask that you reschedule the settlement conference to the early to middle part of January when your caiendar would allow. My legai assistant, Robin, wouid be happy to assist Tracy in contacting Mr, Baranski's office to schedule this mailer at a convenient time to all concerned, , Your all~ntion and courtesy in this mall~r ar~ appr~ciat~d, Very truly yours, ~./0/~j,(/ft;t'1g) Bradley L. Griffie BLG/kig cc; John J. Baranski, Jr" Esquirc (via facsimile) Michaci L. Huriey \\ \ \ \, vs, : IN TilE COURT OF COMMON PL.EAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIViL ACTION - LA W : NO, 97-5801 CIVIL TERM LORETTA M, HURLEY, Plninti ff MICHAEL L. HURLEY, Defendant : IN DiVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw the request for marital counseling filed by the Defendant, Michael L, Hurley, in the above captioned action, which resulted in the entry of an Order requiring the parties to participate in counseling, Respectfully submitted, " DATE: -tb/.~119 " ;: (,., ''';' ') ,,' ( '~. '...;.) , I -, ~:-:, ~';} ( " ,:j -'J , " 'r'. .' " t'J "'1 -, '~ '.. ", - ""n ;-j , .. 'j ''-. : ::.) CJ " : " .. ,,' r.- '" ~J .< c., "< o I , LORETTA M. HURLEY, Plaintiff : IN TIlE COURT OF COMMON PLEAS OF C'.,..d J 11 : CUMBERLAND COUNTY, PENNSYLVANiA'--.::;;i..~ I : CiViL ACTION - LA W \.Jc. : NO, 97-5801 CiVIL TERM : IN DIVORCE vs, MICHAEL L. HURLEY, Defendant INCOME AND EXPENSE STATEMENT OF MICHAEL L. HURLEY I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of i8 Pa,C.S. Section 4904 relating to unsworn falsification to authorities. Date: At. 3"'0 /~hJ9 '---/"V{'~i . Michael L. Hurley, INCOME: Employer: Department of Defense Address: i545 2nd Street West, Suite C, Code P, Charleston, SC 29408.1968 Type of Work: Warehouseman Payroll Number: Pay Period (weekiy): bi-weekly Gross Pay per Pay Period: $1.115,20 Itemized Payroll Deductions: Federai Withholding Social Security Local Wage Tax State Income Tax Retirement Savingo Bonds Credit Union Life Insurance Health Insurance Other (specify) MEDICARE $135,07 11.15 31.23 80,85 27,82 16,17 Net Pay per Pay Period: $ 812,91 TOTAL INCOME $ Income and Expcnse Statcment PACSES Case Number OTIIER (Fill in Appropriale Column) INCOME WEEK MONTI! YEAR Interest $ $ $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp, Workmen's Comp. iRS Refund Other Other TOTAL $ $ $ TOTAL INCOME $ EXPENSES (Fill in Appropriate Coiumn) WEEK MONTH YEAR Home $ $ $ Mortgage/Rent Maintenance 60,00 Utilities 38,00 Electric 45,00 Gas Oil 83,00 Telephone 40,00 Service Type M Pagc 2 of6 Fonn IN-008 Worker ID income and Expense Statement PACSES Case Number EXPENSES (Fill in Appropriate Column) (conllnued) WEEK MONTH YEAR Water $ $ $ Sewer Employment Public Transportation $ $ $ Lunch iOO,OO Taxes Real Estate $ $100.00 $ Personal Property 24,50 Income 45.00 Insurance Homeowners $ $23,75 $ Automobile 94,i6 Life 65.00 Accident Heaith 50,31 Other Aulomobile Payments $ $2 I B.OO $ Fuei 120,00 Repairs 60,00 Medical Doctor $ $30.00 $ Dentist 7,50 Orthodonlist Service Type M Page 3 of6 Fonn IN-OOB Worker ID ncomc anI I~xnense Slatement PACSES Case um er EXPENSES (Fill in Approprillte Column) (conllnued) WEEK MONTH YEAlt Hospital Medicine 25,00 Special needs (glasses, counseling 35.00 braces, orthopedic devices) 20,83 Educallon Private School S S S Parochial School College Religious Personal Clothing S $70.00 S Food 325,00 Barber/Hairdresser 10,00 Credit Payments: Credit Card 45,00 Charlze Account Memberships Loans S S S Credit Union Personai Loan i25,OO Miscellaneous Household Help S S S Child Care PaperslBookslMagazine 6.00 Entertainment 25,00 Pay TV 40.00 Vacation 50.00 I' N b Scrvicc Type M Fonn IN-008 Page 4 of6 Worker ID Income and Expcnsc Statcmcnt t:XI'ENSES (continued) PACSES Casc Numbcr (Fill in Appropriate Column) MONTH YEAR WEEK Gifls Legal Fecs Charitable Contributions Other Child Support Alimony Payments 150,00 40,00 '. " Other horse (2) maintenancel care Pet care $ $ $ 315,00 25,00 $ Ownership * VALUE II W J $ TOTAL EXPENSES $ $ PROPERTY OWNED DESCRIPTION Checking Accounts Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL $ Coverage * INSURANCE Hospilai Blue Cross Other COMPANY POLICY # w C H Blue Cross/Blue Shield x Medicai Blue Shield Olher Blue Cross/Blue Shield X · H - Husband W - Wife C - Combined J - Joint Service Type M Page 5 of6 Form IN-ODS Worker ID Income and Expense Statement PACSES Case Number Coverage * INSURANCE COMPANY POLICY # II w C Health! Accident Disability Income Dental Other · H - Husband W - Wife C - Combined J - Joint -' !I Service Type M Page 6 of6 Form IN-008 Worker ID f"", .t) . ~) m i. .. ...~ ,.\ I '11 , ," ..' ;\) ._1 :,l^) I , "'0 I: '\ ..-'" i , ,I .. t.~) , I .. 1.'_' .' I .... ~n In ". ".... ........_-....~....., HAIlOLD I. IRWIN, III, .IQUIRI AnORNIV ID NO. 211120 sa lAS' HIOH ITKin CAIlLIILI PA 17013 (7171 :z.u.t0ll0 AnORNIV POR DlnNDAN' LORETTA M. HURLIlY, PlalntlH IIN THE COURT 0' COMMON PLIAS 0' I CUMBERLAND COUHTY' PIINNSYLVANIA I I CIVIL ACTION. LAW I NO. 97 . 5801 CIVIL TeRM I I IN DIVORCIl v. MICHAEL L. HURLIlY, Defendant MOTION FOR APPOINTMENT OF MASTER LORETTA M. HURLEY, plaintiff, moves the court to appoint a master with respect to the Iollowlng claims: ( X ) Distribution of Property () Support ( X ) Counsel Fees ( X ) Costs and Expenses ( X ) Divorce () Annulment (X ) Alimony (X) Alimony Pendente Ute and in support of the motion states: (1) Discovery is not complete as to the claim(s) lor which the appointment of the master is requested. (2) Anne M. Shephard, Esquire Is the attorney of record lor defenant in this divorce actJon. (3) The statutory grounds for divorce as stated by plaintiff are Section 3301 (c) and (d). (4) Delete the inapplicable paragraph(s): (a) The action is contested. (b) An agreement has not been reached with respect to the above claims, (c) The action is not contested with respect to the following c1aim(s): None (5) The acllon doe~ Ilotlnvolve complex issues of law or fact. (6) The hearing is expected to take one-half (112) day, (7) AddiUonallnfonnation, if any. relevant to the motion: None November)', 1998 ~ ) ORDER APPOINTING MASTER NOW, .....6"Rt ~ 1998, E. ROBERT ELICKER, ESQUIRE, Is appoinled masler with respect to the following claims: By the Court, J. ("} .D n C' .-.1 " I :::1 ! "\" " , q '1 t }. .., '. " I ICJ ~ -~ (I) 1':_ .., .-~ ~~~! : ~ " ., '-:.} ,~ . " ...., . :0 :,: .0 -, " GRIFFIE & ASSOCIATES Attorneys and Counselors At Law 100 North Illao~1t Sired Carll,lt, PA 1101l (717110.5551 1(1001347."51 FAX 7IH4J.506J Bradley 1., Grime Krlslen Goddard Donsen Robia J. (,aabor. Lqaa A..b~aal JI Non.. Mala SlrH' O.mbtnb.... PA 17101 (711)167-1350 September I, 1999 Rlpl,..: C.rllsl. E, Robert Elicker, II, Esquire 9 North Hanover Streel Cariisle. PA 17013 RE: Hurley v, Huriey No, 97-5801 Dear Mr. Elicker: Enclosed please find the Ple- Triai Statement, Inventory and Appraisment, and Income and Expense Statement we are filing on behaif of Michaei Hurley in the above captioned matter, I apoiogize for the delay, but now we should be abie to move forward with the Pre- Triai Conference, Your attention to these matters is appreciated, BLGlkjl .' Eneiosures cc: Harold S. Irwin, III, Esquire (w/enclosures) Michaei L. Hurley (w/enclosures) , , . ... ~.)111 : IN THE COURT OF COMMON PLEAS OF (/! : CUMBERLAND COUNTY, PENNSYLVANIA /(!. LORETTA M, HURLEY, Piaintiff vs, : CIVIL ACTION - LAW MICHAEL L, HURLEY, Defendant : NO, 97-SflOi CIVIL TERM : IN DiVORCE INITIAL INVENTORY AND APPRAISEMENT OF DEFENDANT. MICHAEL L. HURLEY Michaei L. Hurley, Defendant, files this inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years, Michaei L. Hurley, Defendant, verifies that the statements made in this inventory are true and correct. Defendant further understands that false statements herein arc made subject to the penalties of IS Pa,C,S, Section 4904 relating to unsworn falsification to authorities, '-~c1.d Michaei L. Hurley, ASSETS OF PARTIES Michaei L. Huriey, Defendant, marks on the iist below those items applicabie to the case at bar and itemizes the assets on the following pages, (X) 1. (X) 2. ( ) 3. (X) 4, (X) S. (X) 6. ( ) 7, ( ) S, (X) 9, ( ) 10, ( ) il. ( ) 12, ( ) i3, (X) i4, ( ) IS, (X) 16, Reai property Motor vehicles Stocks, bond, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face vaiue, cash surrender vaiue and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, invention, royalties Personai property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits-severance pay, worker's compensation claim/award () 17, (X) t8. (X) 19, () 20, (X) 21. () 22. () 23. () 24, (X) 25, () 26, Profit sharing plans Pension pians (indicate employee contribution and date plan vests) Retirement pians, Individual Retirement Accounts Disability payments Litigation claims (matured and unmalured) MilitaryN,A, benefits Education benefits Debts due, including loans, mortgage held Househoid fumishings and personalty (include as a total category and attach itemized list of distribution of such assets is in dispute) Other I.IABILlTIES OF PARTIES Michaei L. Hurley, Defendant, marks on the list below those items applicabie to the case at bar and itemizes the liabilities on the following pages. SECURED (X) I. () 2, () 3, () 4. UNSECURED (X) 5. () 6, (X) 7. () 8, (X) 9, Mortgages Judgments Liens Other Secured Liabilities Credit Card Balances Purchases Loan Payments Notes Payable Other Unsecured Liabilities CONTINGENT OR DEFERRED () 10. () II. () 12. () 13, () i4, () 15. Contract or Agreements Promissory Notes Lawsuits Options Taxes Other Contingent or Deferred Liabilities ,. MARI'fAI. PIHlPER'fY Michael L. Hurley, Defendant, lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other persons as of the date this action was commenced: lLem Descrtptlon Name of n.m Cosl/Acqulslllon & of Property All Owners Acquired Y.alII.c I. Real estate Joint i979 $37,000,00 375 Georgetown Rd, 2a, 1997 Pontiac Wife 1997 $24,000,00 Grand Am 2b, 1994 F I SO Pickup Husband 4/1994 $24,000,00 4. Certificate of Wife 1967 $ t 2,000.00 Deposit (YFS&L) CD # 100-169533 5a, York Federal Wife unknown unknown Savings & Loan (YFS & L) 5b, PNC Husband & 1997 various Ace\. # 513-0317631 Husband's Mother (Charlolle Hurley) 5e, Members i" Federal Wife unknown unknown Credit Union 5d, Rite Aid Federal Wife unknown unknown Credit Union 5e. Cash or uncashed Wife various various UC checks 5f. Checking Account Husband various various (YFS&L) Ace\. # 090-124744 5g, Trustee Ace\. Husband & various various (YFS&L) Son Ace!. # 010100185871 l1w De!crtptlon Name of Da1l: Q/!I1 Acqul!ltloD rill.. lIUroperlY All Owner! Acquired YalG 6, Money Market Account Husband various various (YFS&L) Acct. 1/ i 09 006040 9a, Met Life Husband iO/1989 9b, Met Life Wife unknown unknown 14, Personai Property Wife various see allached removed by Wife listing i6, Severllnce pay Wife various unknown from Rite Aid i8, Civil Service Husband various unknown Retirement Plan 19. Rite Aid Retirement Wife various various Plan 21a, Rite Aid Selliement Wife 1995 various 21b. Rite Aid Overtime Wife 1995 various Selllement 25a, Household Joint various various furnishings 25b. Lawn tractor Joint 1988 $7,000.00 Kabota 25c. Snow-blower Joint 1995 $1,000.00 1Wu Valuallon Nature of Non-marllal Number YalII.c Jla1l: LW1 Porllon I. 585,000,00 Presenl None None 2a, 515,000.00 Present YFS & L None 2b, 59,000.00 Presenl None None 4, 512,175.38 Present None None plus interest Sa. 5 I ,455.12 Date of Separation(DOS) None None 5b, 5264,00 DOS None 100% 5c, 55,56 DOS None None 5d, 51,014,00 DOS None None 5e, 52,200.00 DOS None None Sf. 5372.49 DOS None None 5g. 58,458,07 DOS None 100% (in trust for minor child) 6, 5467,31 DOS None None 9a, 56,796.07 DOS None None 9b, 52,487,99 DOS None None 16, 512,681.46 DOS None None 18, unknown DOS None Posl-separation portion 19, 57,817,00 or more DOS None None 21a. 55,500,00 DOS None None 21b, 52,200,00 DOS None None or more 25a, various Presenl None None 25b. 52,700,00 Present None None 25c, 5500.00 Presenl None None LIABILITIES OF PARTIES lWn Number Description Name of Creditor WlS Balance Present Balance I. Mortgage YFS & L $5,287,83 o 5a, Credit Card Advanta $i,421.70 (Wife's liability alone. Husband had no information) o 5b. Credit Card Mastercard unknown unknown (Wife's liability aione. Husband had no information) 7a, Personal Loan YFS & L $i,5 i2,OO 0 7b, Personal Loan Members I" C, U, $3,722,36 0 (Wife's liability alone. Husband had no informal ion) 7e, Automobile Loan DDB & T $4,842,72 0 7d, Automobile Loan DDB&T $9,288,00 $4,645.00 9, 1996 Federal IRS $812,00 0 Income Tax due PROPERTY TAK[N BY WIFE ON 4/16/97 ITEM ESTIMATED V AWE 2 Oak & glass end tables 5500,00 2 hand painted lamps 5225.00 2 beds 5200,00 5500,00 570,00 5150.00 2 wing back chairs 2 ceramic lamps Stereo CD player/changer 5150,00 Patio tabie and 5 chairs 5650,00 595.00 550.00 5175.00 5150.00 5100,00 $400,00 Oak phone stand portabie phone T-Fal cookware Dishes (set for 8) Microwave Appliances (mixer, toaster, electric knife) Jewelry: 2 sets of diamond earrings i diamond pendant i diamond tennis bracelet 4 or 5 gold chains a number of gemstone rings & earrings $350..5500 unknown unknown 5250-$500 unknown ITEMS WIFE PIJRCnASIW ON OR AROUND 4112/97 EITnER WITH MARITAl. FUNDS OR ON CRliDlT CI.AIMED AS MARIT At DEBT ITEM ESTIMATED VALUE Refrigerator $499,00 Washer $370,00 Dryer $32S.00 27" Teievision $460,00 ..; DiMing Room Suite $SOO.OO $300,00 $75.00 \'\ ), 3 drawer dresser Microwave cart Living room suite, End tables Lights, Dining room suite $3,SOO.00 ~;'\'-.:' '.il~,'-.~E'd f"',' 1 .. -.-"r"", ,,~: i. '; -: ~.~, i...J t!i:c U~I ,,~ fiZ ,U,'j Lb }'" '1 ' , ICf ....,. ...,..,... . ::;:','d::J. C);"J . :0 LORETTAM. HURLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO, 97-5801 CIVIL TERM ~ , MICHAEL L. HURLEY, Defendant PETITION REOUESTING MARRIAGE COUNSEI.ING Defendant, Michael L. Hurley, by and through his attorney, Anne M. Shepard, selS fonh the following: \. A Complaint in Divorce in the above-referenced mailer was filed with the Coun on October 21, 1997, 2. Defendant was served with a copy of said Compiaint in Divorce, ), Plaintiff in her Complaint acknowledged that she is aware of the right and availability of counseling. 4. A request for marri3ge counseling has been made by ietter from Defendant's counsel to PlaintiIr s counsel. Defendant's counsel has been notified that Piaintiff refuses counseling. Therefore, Defendant believes that Coun ordered counseling will be necessary . 5. The Defendant is able to share the cosls of such counseling, 6. The Defendant is willing to undergo counseling wilh the Plaintiff by selecting anyone of the marriage counseiors Ihal Ihe Coun has listed al the Domestic Relations Office, 13 Nonh Hanover Street. Carlisle, Pennsylvania or by selecting any other counseior suitable to both panies, C/ \D P r. ~I " .' ~ :.J ~fTi ~ -;fa 5:/ i .:: '-'ITJ {, .. , '::1;> )6 ~- -; " .' " i:..J 0"; .'" " - ~ { ;r) .' ~ :~r'T .... ~ -~ .~~ .- r:- ::..., "j c::> -.; .... .' , /", HAROLD a. IRWlH, III, liQUID ATTORNIY ID NO. all21 U EAaT HigH ITRUT CARLIILI PA 17111 (71T) a.u....1 ATTORNIY 'OR DlflHDANY LORETTA M. HURLEY, '1.lnt'" IIN THE COURT 0' COli I CUM..IlUND COUNT' : CIVIL ACTION. LAW -p ~'- f.......J. ;tc- ~........C>... )-r7aJ;".., o.l-~ cLn ;.;l;,...~ -rk_A.~. v. . . MICHAEL L. HURLEY, Defendant I NO. .7 . 1101 CIVIL TERM : IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and presents this pre-trial statement, representing as follows: 1, ASSETS: Plaintiff believes and therefor avers that the assets of the parties are as attached on Exhibit "A', the contents of which are incorporated herein by reference. 2, EXPERT WITNESS: Plaintiff anticipates that the parties will be able to stipulate as to the value of assets and amount of debts as represented in various appraisals and bank statements attached hereto. 3. OTHER WITNESSES: The plaintiff does not anticipate other witnesses at this time, 4, EXHIBITS: The appraisals, bank statements and other documentation attached hereto will be offered as evidence by the plaintiff (Grand Prix Appraisal by Gary Freysinger; York Federal receipt for closing checking account; Members First checking account statement; Members First savings account statement; Rite Aid .. , ../ .' retirement fund statement, York Federal receipt for certificate of deposit, Members First loan statement, Advanta credit card statement, check stub for severance pay), Plaintiff notes that defendant has not provided any appraisals for the personal property retained in the marital home (except the snow thrower and Kubota Tractor) in his possession. 5, GROSS INCOME: Plaintiff is currently unem~loyed with weekly benefit's checks totaling $337,00, Plaintiff has insufficient information regarding the nature and amount of defendant's current income. 6. EXPENSES; Plaintiff will provide the Master and the defendant with testimony regarding her monthly expenses if required, Plaintiff will also request that all expenses for any appraisals be paid by defendant and that each side pay their own attorney's fees, 7, PENSION: Defendant has pension or retirement benefits through his employment. Plaintiff has not received any information on this, Plaintiff has a retirement plan through her former employee, Rite Aid, Information on this plan has been provided to defendant and is attached hereto and incorporated herein, 8, COUNSEL FEESl Plaintiff has requested, among other things, an award of counsel fees and alimony pendente lite, Defendant has counter-claimed for same, Defendant alleges that plaintiff has acted in a dilatory and an inappropriate manner and has undertaken steps to delay this action and cause defendant to incur additional expenses, Plaintiff responds by reminding defendant that in the beginning of this action, if was defendant who acted inappropriate and dilatory by not responding to plaintiffs request for information, thereby delaying the action and causing plaintiff to incur unnecessary legal fees, ..... /'" . . , 9. DISPUTED PERSONAL PROPERTY: Plaintiff disputes the value of the cash or checks contained in the safe in the marital home. Plaintiff believes that there was around $14, 000 in the safe at the time plaintiff vacated the marital residence and points to defendant's purchase of the 199_ Trans Am, using cash, as proof. Plaintiff disputes the value of the marital home as listed in the defendant's response to plaintiffs first set of interrogatories, Plaintiff believes that the residence is worth $120,000.00 and requests an appraisal to be done if one has not already been done. Plaintiff offers Exhibit "A" as her estimate of the value of the personal property in the marital home and hopes the parties can agree on these values eliminating the need and costs associated with an appraisal on those items, Plaintiff notes that there are still several assets without agreed upon values in addition to those enumerated above, however, she anticipates that the parties will agree upon those values after further discovey, 10. MARITAL DEBTS: The parties' marital debts are as attached as Exhibit "B", the contents of which are incorporated herein by reference, Attached are statements verifying the debts of which plaintiff has knowledge, 11, PROPOSED RESOLUTION; A. Assets - Plaintiff is unable to propose a resolution at this time without knowing the value of all the martial assets and the amount of marital debt. August 2, 1999 M>.~~./1f! HAROLD S. IRWIN, III Attorney for defendant jJI3 ..... ~.. , .' I.tJJt6!:nORY OF MARITAL PROPERTY NO. DESCRIPTION OWNERS VALUE 1 MaritElI Home loceted at 375 Joint (occupied by 120,000 (estimated) Georgetown Road, Gardners defendant) PA 2 1997 Pontiac Grand Prix - Net Joint (in possession 10,355,00 value after debt (Exhibit C) of plaintiff) 3 1994 Ford F-150 Truck - Net Husband 9,450.00 value after debt 4 199_ Trans Am (purchased Joint (in possession $12,500,00 with cash in safe which was of defendant) (estimated) martial property) 5 York Federal CD #100-169533 Joint (cashed by 12,029,79 plaintiff) 6 York Federal Monev Market Joint unknown 7 York Federal CD Husband and son 10,000,00 010100185871 (formerly hHusbsnd) (estimated) 8 PCN #513-0317631 Husband and unknown Husband's mother (deposits made durino marriaoel 9 York Federal Checking Wife 487,84 Account 10 Kubota Tractor Joint (in possession 2,700,00 of defendant) 11 Tools and Equip (Exhibit E) Joint (in possession 250 (estimated) of defendant) 12 snow thrower (Exhibit D) Joint (in possession 500,00 of defendant) 13 lV'sNCR Joint (in possession 200.00 (estimated) of defendant) 14 Washer/Dryer Joint (in possession 200.00 (estimated) of defendant) 15 Dining Room Suite Joint (in possession 500.00 (estimated) of defendant) 16 Refrigerator Joint (in possession 100.00 (estimated) of defendant) 17 Other Fumiture & Sm, Appl. Joint (in possession 500,00 (estimated) of defendant) .",. '"0 , /"',' NO. DESCRIPTION OWNERS VALUE 18 CSRS Retirement Fund Husband unknown 19 Metlife life insurance #1 Husband unknown 20 Metlife life insurance #2 Wife unknown 21 Personal property in Joint 250.00 (estimated) possession of wife TOTAL M~.IT~ Do,. .. ., /" , DESCRIPTION DATE CREDITOR PURPOSE DEBTOR BALANCE BALAN .t .. Mort a a 1979 York Fader.1 urchslB marital home Joint 5287,83 000 Loan 1993 York Feder.1 renovations Joint 151200 0,00 Loan Members First Mise, Joint 3722,36 0,00 Loan 1994 Oau hin Oe Ollt 1994 F.150 Truck Husband 464272 000 Loan 1996 York Federal 1997 Grand Prix Joint 9 288 00 4845, Credit C.rd unk, Advanta Vis. Mise, Wlta 1 421.70 0 Credit Cerd unk, Mastercard Mise, Wlte unknown unkno f " "",. , '< .... .-.--...... .._.~.-...,.. ..' -..' ..".-p......... . .-' ...- ...--..... --.--.-.- -..-. --.. ,..~ Demand Deposit ..~~Authorization/Debit Date: 0/ rj Branch Contra' ~ . 24S2oo I coo"m'" N~' ~ '=00' N.m"'" Oq O. """,,6~ \ I hereby authorize York Federal Savings and loan Association to close my checkinglmoney manager t :c::::t~o outstanding MACNisa transactions d;awn on this account and I understa~%!1'at I am I responsible for ~epayme~any are received, rACNisa card recoveredl Yes 0 f'JF RI Customer Signature . t J,AI.m ~'} _ Amou ~eceived S I Teller' and I~ilials a?r5 nL Approved BY' 229) 102/94) While. Teller WOlk C,an,ary . Cu,lomer Copy L.. --- -...---- ... ....... -~. -..' .---. .~~-_.-'- ._.~.... -.-......-..----.- -- ... _.. . ". RITE .~ID CORPORA nON P,O. BOX 3165 HARRISBURG, PA 11105 -.. -..... r -- ,_~~?/_1_999 -.. - ~~~ r LORETTA M HURLEY 176 VIRGINIA AVENUE 3/13/1999 """"........ ..- .... ..., __,__~0~~0~9.a9 '- - _3J.l1it~393 - Cftot. -.. ........,. U)C.&t1ON ~. - 'INIoJO.OAn ~ - ......"""" REGULAR OVERTIME HOLIDAY PERSONAL HULIDAY VACATION BIRTHDAY SEVERANCE 12681,46 4828.95 FEDERAL TAX 166.52 FICA-SOC SEC TAX 104.48 FICA-MEDICARE TX 104,48 STATE TAX 313,44 LOr.AL TAX 208,96 OPT TAX 12681,46 DIRECT DEPOSIT DENTAL AFLAC PST UNION DUES CREDIT UNION 4588 38 786,25 183,88 355,08 126,81 5377.95 1139.95 266.60 514,83 184,08 10,00 3539,37 22.00 131.45 81. 00 ' 500.00 -'OTAI. IA~ TOTAL DlIlUCT1OH8 PAY ., I Participant'l Name Loretta Hurley Social Security. 196-48-40158 Current Payment OptlODI (Available only until June 30, 1999) .. .,. . You may choose to receive a current distribution of your benefits. Before making this decision, you should: (1) consider the effect?n your deferred vested benefit; (2) review "Your Retirement Plan Payment Option Righta;" and (3) read the "Tax Information" provided in this package, You may choose ONE of the methods of payment outlined below, subject to the consent of your spouse, 1. Lump Sum Payment - A iump sum payment 0($ 7.817,00 as of .Tune 1. 1999. You may elect (a) a direct tax-free transfer (rollover) of your benefit to an Individual Retirement Account (IRA) or to another qualified employer plan; (b) the payment of your benefit directly to you; or (c) a combination of rollover and direct payment, provided that the rollover amount is at least $200, Any payment made directly to you is subject to 20% federal income tax withholding. OR 2, Lifetime Pension - A monthly pension of $ 41,86 payable to you as long as you live, with payments ceasing on your death, OR 3, Joint and 50% Survivor Pension - A monthly pension of $ 40,50 payable to you as long as you live, with monthly psyments of $ 20,25 continuing after your death to your present spouse during hislher lifetime (50% of the initial amount), The figures for the joint and survivor options are based upon a birthdate of 10-31-52 for your spouse. After you have chosen your payment option, please complete Part B of the Application for Benefits, If you have any questions, contact the Plan Administrator, (ii) R466047JDV RrnI AID CORPORATION PllNBION PLAN (Ra) Loretta HurIIY ~ Federal Income Tax Information for Monthly Pension: Pension payments are taxable as ordinary income. Alter Tax Employee Contributions. $ 0.00 Federal Income Tax Information for Lump Sum Payment: .JIAo . Total Distribution Taxable Portion Ordinary Income Portion Capit.al Gain Portion After Tax Empioyee Contributions $ 7,817.00 7,817,00 7,817,00 0.00 0.00 Participation Began 03.01.1986 Ended 03-31.1999 Reason for Payment: Termination Copies of Completed Application to: (1) Payor (Trustee, ete,) (2) Plan Administrator (3) Conrad M. Siegel, Inc. 3 R4eI041JDV REGULAR 39,50 515,87 920,7] FEDERAL TAX 76,22 180,78 OVERTIHE 1.50 29.59 166,52 FICA-SOC SEC TAX 33,68 73,64 HOLIDAV 104.48 FICA-HEDICARE TX 7,88 11,22 STATE TAX 15.21 33,26 LOCAL TAX 5.45 11,91 DENUL 2.00 4,00 AFLAC 11.95 23.90 UNION DUES 21,00 CREDIT UNION 50.00 100,00 DIRECT DEPOSIT 542.87 720,02 TOTAL IARHINOS 41.00 I 545,26 I , I 1191. 731' TOUI. DEDUCTIONS NET PAY 545,26 342,87 1191.13 RITE~ID CORPORA nON PO BOX jlh] HARRISBURG. PA 1110] PI., "'nod h9"Oa., 1/10/1999 1lI1, ".r'Od EI'Id041l1 LORETTA H HURLEV 131 CENTER STREET CARLISLE, PA 17013-1703 t ...:.;(. " 1/16/1999 'U-'" 0'11 36030 1/21/1999 EmOlO,.. "- 833192 =.....323,62. . . , .""''''''' """'" CUM'"' yUoJlt.rc)'OAfl OUCMnQIoI ~"jII"'Ht 'lM.ro-o"" REGULAR 39.50 515.87 1436.60 FEDERAL TAX 69.44 250,22 OVERTIHE 166.52 FICA-SOC SEC TAX 31. e6 105,50 HOLIDAV 104.48 FICA-HEDICARE TX 7.45 24.67 STATE TAX 14.39 47,65 LOCAL TAX 5.16 17 .07 DENTAL 2.00 6,00 AFlAC 11.95 35,85 UNION DUES 27.00 CREDIT UNION 50.00 150,00 DIRECT DEPOSIT 323.62 1043,64 TOUL UANIIjO& 39.50 515.87 1707 ,60 TOUI. DEDUCTIONS NeT PAY 515,87 323.62 1707.60 RITE AID CORPORATION PO BOX 316] HARRISBl;RG. PA 11I0S -.. " , r P.y Penc.J Bt9w'lO." 1/1111999 ::r. 13.0600 p.y Peood End 0111 1/23/1999 '''.... 0.11 ." LORETTA H HURLEV 131 CENTER STREET CARLISLE. PA 17013-1703 196-48-4058 ""'<I No 54472 112e/1999 833192 :::'~1.....279. 82- EGULAR VERTIHE OLIDAV 37.75 493.02 . , . '!.A.A.rQ-OATI OJI!!oCA1"'<)H 'v"PI~' 'I...,..ro-Col,!! 1929.62 FEDERAL TAX 66.01 316,23 166.52 FICA-SOC SEC TAX 30.44 135,94 104,48 FICA-HEDICARE TX 7.12 31. 79 STATE TAX 13.75 61. 40 LOCAL TAX 4.93 22.00 DENTAL 2.00 8,00 AFLAC 11. 95 47.80 UNION DUES 27.00 54.00 CREDIT UNION 50.00 200,00 DIRECT DEPOSIT 279.e2 1323.46 DlKIl#TlOH LOCAtOt """'" CUAl'Il'iT , TOrAL !A~HI~& ,. 37.75 493.02 2200.62 TOTAL DEDucnOHS NET PAY 493.02 279. e2 2200,62 .., . , rrl.~ FREYSINOER PONT1lC. 'INC. 121I1 CARLISLE PIKEIMECHANICSeuRO. PA l70ea . TIL, 711.~ j:/7-77 1:" tL-k,. i./ ~7 O,n{ ~ tP(,Utp//I~~~fY~~tu~ t2I- ~ hn..t... c4 1:1 /(ro . ~I'- f7 a~ /~ {Jrsd.- . J:~. h--'~ Gc:..rr1 ~ ""'7" .....'(S"'..... .,. , . ,.. -' .-.._ .h_ . . ,_ ,. _ _.__ .. ....-- -'--. }h'~ Demand Deposit "~cf!.. Authorization/Debit Date: ~'7 Branch Contra' , Customer's Name: wrrp if a- ~ t J . ~'" --. ~ -245200 OGO. ~~5~ Account Number: , hereby aUlhorize York Federal Savings and I.oan Association to close my checking/money manager account. , have no outstanding MACJVisa transactions drawn on this account and I understa?1.\hat I am "''''''bI, f~."""M:.:;o"". ""'''d',MACJV'" ,"" """"dI V~ 0 /v,., !i4 Customer Signature . .~~~~~~ ....mou .~eceived $ .. Teller, and Initials ~ Approved B,..-' 22.) 10m.) Wh,,,. r,Il., Wo.. c""'Y' CUllO.... Copy ~-,-.._,-, ,._--...._,-,- "j . ---.---- --.- ..---.-......---- ~.._.-.~-. <- "--.---- _.. . ~ . . . ... 0. .0 0 L v.J ." ~, , po " rl .- '"-n :~:i .1 r"': I ~ ,q t-..,) .~ ~r) : ,!-i . " .-!.l .',:.] ; -" . () '..:: . "ITI ; ~} L, ..'. :7 CO .,.. -] :"j ~.. IP -.. . r.-.~ LORETTA M. HURLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97 - 5801 CIVIL MICHAEL L. HURLEY, Defendant IN DIVORCE ORDER OF COURT AND NOW, th" -/0 "" doy of R.V-- 2000, the parties and counsel havlng entered into an agreement and stipulation resolving the economic issues on February 9, 2000, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated, and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. er, P.J. cc: John J. Baranski Attorney for Plaintiff Bradley L. Griffie Attorney for Defendant ~~ .) 'I'I.{)() ~ K,s j#>t::.. - - 0< ....:: '- -- .;r _.... - . . . , . - co I , . , . LORETTA M. HURLEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97 - 5801 CIVIL MICHAEL L. HURLEY, Defendant IN DIVORCE THE MASTER: Today is Wednesday, February 9, 2000. This is the date we set for a conference with the parties and counsel to discuss the economic issues pending before the Master. We previously had a conference with counsel on December 7, 1999, at which time counsel outlined certain discovery matters which they intended to resolve and apparently that information has now been shared and the parties have come to a final resolution of the economic issues. This matter was initiated by the filing of a divorce complaint on October 21, 1997, raising grounds for divorce of irretrievable breaxdown of the marriage. The complaint did not raise any economic claims. However, on December 1, 1998, the Plaintiff filed an amended complaint and added a count of indignities as a ground for divorce and raised economic claims of equitable distributlon, alimony, alimony pendente lite, and counsel fees and costs. The Defendant filed an answer and counterclaim on June 29, 1999. In the counterclaim he raised a claim for counsel fees and costs. , With respect to grounds for divorce, the Master has been provided affidavits of consents and waivers of notice of intention to request entry of divorce decree dated today. The affidavits and waivers will be filed by the Master's office 50 the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The parties were married on November 8, 1975, and separated April 17, 1997. They are the natural parents of two children. Both children are emancipated. As noted above, the Master was advised by counsel that after extensive negotiations this morning the parties have reached an agreement with respect to the economic claims. An agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. After the agreement has been transcribed, counsel can review the document for typographical errors, make any corrections as necessary, and ask the parties to affix their signatures to &ffirm the terms of settlement as stated on the record. However, if the parties do not sign the agreement, they are still bound by the terms of the agreement as stated on the record and when they leave the hearing room today, ~o substantive modifications can be made to the terms of settlement. After the agreement has been returned to the Master and the parties and counsel have signed, the Master will prepare an order vacating his appointment so counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Present in the hearing room are the Plaintiff, Loretta M. Hurley, and her counsel John J. Baranski, and the Defendant, Michael L. Hurley, and his counsel Bradley L. Griffie. Mr. Griffie. Mr. Griffie: If the Master please, the parties wish to stipulate and agree as follows: 1. The parties are the joint owners of real estate located at 375 Georgetown Road, Gardners, Pennsylvania, as tenants by the entireties. Wife agrees to relinquish, waive, and transfer any and all right, title, and interest she has in that real estate by signing a fee simple special warranty deed in conjunction with the disbursement of proceeds from husband to wife as hereinafter set forth. Thereafter wife will make no claim, legal or equitable, to any interest in the aforesaid real estate. 2. Within sixty (60) days of this stipulation, husband shall secure and pay to wife the sum of $45,000.00. 3. All personal property in each parties' possession shall remain in that parties' possession, this includes household furnishings, appliances, jewelry, clothing, livestock, and all other tangible personal property as well as all intangible personal property which includes but is not limited to interest in York Federal Savings and Loan Bank accounts, Rite Aid Employee Credit Union accounts and Members 1st Federal Credit Union accounts. Neither party shall make any claim against the other relative to tangible and intangible personal property retained by the other party. This specifically includes any termination benefits or other benefits wife has received from her prior employment with Rite Aid Corporation. 4. Each party is the owner of a Metropolitan Life insurance policy on their own life. Each party shall retain their own life insurance policy to use as they desire relative to making loans, cashing in those policies, naming beneficiaries, and so on. The wife's life insurance policy is physically in husband's possession at this time and within fifteen (15) days will be transferred to wife through counsel. 5. Husband is vested in the Civil Service Retirement System through his employment with the federal government. Wife hereby waives, relinquishes, and transfers any and all interest she has individually or through her marriage to husband in the Civil Service Retirement System pension plan and shall make no claims of any interest in that plan from this time forward. 6. Wife currently has in her possession a 1997 Grand Prix automobile which is and shall remain her sole possession. Should it be necessary for husband to execute any documents to waive, relinquish, or transfer his rights in that vehicle, he will do so within fifteen (15) days of being requested to do so. Any encumbrances on that vehicle shall be wife's sole responsibility. Similarly, husband has in his possession a certain 1994 F-150 pickup truck which is and shall remain his sole property. In the event it is necessary for wife to execute any documents to waive, relinquish, or transfer any interest she has in that vehicle, she will do so within fifteen (15) days of being requested to do so. Husband shall be solely and exclusively responsible for repayment of any encumbrances on that vehicle. 7. Husband has ownership of a certain certificate of deposit at York Federal Savings and Loan which is referenced as being held in trust for his son. The parties agree that this account shall be husband's sole property and wife will make no claim relative to any ownership interest in that account. 8. Both parties waive any rights or claims to alimony, alimony pendente lite, counsel fees or expenses as previously raised in their respective pleadings. ~ .--=--~- --:-- --.~--:"":':""7~.~ "::-_.- .:.._". 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. GRIFFIE: Mr. Hurley, were you sitting here to hear me recite for the Master the agreement that has been reached in your case? MR. HURLEY: Yes. MR. GRIFFIE: And did you understand all of the terms? MR. HURLEY: Yes. MR. GRIFFIE: And based upon all of the pleadings that have been filed and all of the respective rights and claims we have raised, are you in agreement that this stipulation will settle all claims that you have relative to the divorce? MR. HURLEY: Yes. MR. BARANSKI: Mrs. Hurley, were you present at the time that attorney Griffie dictated the proposed agreement between you and the Defendant Mr. Hurley? MRS. HURLEY: Yes. .' MR. BARANSKI: Did you understand everything that was stated on the record by Mr. Griffie? MRS. HURLEY: Yes. MR. BARANSKI: Do you understand that this agreement entered into today will relinquish all claims you have against the marital estate and future claims you have against Mr. Hurley the Defendant? MRS. HURLEY: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: o..Jt;,/lb I I hn . Baranski Attorney for Plaintiff J-/'i/oo LORETTA M. HURLEY. Plaintiff L'~ I 11.1 IN THE COURT OF COMMON PLEAS OF ~ . rr:: CUMBERLAND COUNTY, PENNSYL VANIA f- vs. : CIVIL ACTION - LA W MICHAEL L. HURLEY, Defendant NO. 97-5801 CIVIL TERM IN DIVORCE PRE-TRIAL STATEM.:NT OF DEFENDANT. MICHAF.1. L. HURLEY The above named Defendant. Michael L. Hurley, files the following Pre-Trial Statement pursuant to Pennsylvania Rules of Civil Procedure No. 1920.33(b): I. LIST OF ASSETS. Defendant's Inventory and Appraisement, in compliance with Pennsylvania Rules of Civil Procedure, is filed contemporaneously with the filing of the Pre-Trial Statement. All assets and debts known to the Defendant at this time are identified therein. II EXPERT WITNESSES. It is anticipated that expcrt witnesses will only be necessary if the parties' cannot stipulate the values. At present. the parties have a discrepancy in their positions relative to the value of the real estate and, therefore, a real estate appraiser may need to be selected for purposes of valuing the real estate. In addition, Defendant has a Civil Service Retirement System (CSRS) Pension and Plaintiff had a pension through her prior employment with Rite Aid, both of which need valued. Therefore, it is anticipated that an expert witness will be necessary to place a present value on those two aS3ets. With these exceptions. it IS not anticipated that expert witnesses will be necessary . III. WITNESSES. Defendant does not anticipate calling additional witnesses at this time. Defendant reserves the right to name additional witnesses at thl: time of or following the pre-trial conference in compliance with any directives issued by the Master. IV. EXHIBITS. Defendant'~ Invcntory and Appraisement will be an exhibit In addition, though, attached hercto are the following exhibits that will bc prescnted at trial: Exhibit "A". York Fcderal CD No. 100-169533) infonnation (3 pages) Exhibit "B" . PNC Account No.5 1-3031-7631 Exhibit "C" . YFS&L Chccking Account No. 090-862395 Exhihit "D" - Kubota Tractor appraisal Exhibit "E" . Snow-blower appraisal Exhihit "F" . Cash evaluation of Mct Life Policy on husband Exhibit "G" . Rite Aid Rctirement Statement (3 pages) Exhibit "H" . Rite Aid Employce's Credit Union Account Statement It is anticipated that additional exhibits will be available based upon appraisals and evaluations of the assets that are referenccd above under the expert witnesses section of this document. In addition, it is anticipated that further clarification of values of various assets, and the existence of assets that will bc discussed at the time of the pre.trial conferencc, will cause additional cxhibits to be identified. V. GROSS INCOME. Sec attached pay stub. (Exhibit "I" VI. EXPENSES. See Income and Expcnse Statement filed contemporaneously herewith. VII. PENSION. As set forth ahove, Defendant has a CSRS Pension which needs to be valued. Plaintiff had a Pcnsion through hcr prior employment with Rite Aid which she cashed by taking a lump sum distribution. An evaluation of the Rite Aid pension is necessary, howcver, to detenninc the present value of the pension that Plaintiff chose to unilaterally accept as a lump sum payment. VIII. COUNSEL FEES. Both parties havc incurred reasonable counsel fees. It is submitted that both parties should simply be rcsponsible for their own fees. In the event the issue of counsel fees is raised by Plaintiff, the Master should examine the delay of these proceedings by TDDHIS'IMONBY Acct 100-0169533 Time Deposit Display History of Money Trans. 3008 Alpha key HURLBLM.Ol Request ALLTRANS 03/04/98 *.*....** Trans Dt 8ft Date Trans Type Trans Info Trans Amount Resulting Bal -------- -------- ---------- ---------- ------------ ------------- 06/30/97 06/30/97 IN'!' CRED 47.23 11,821.5~ 07/31/97 07/31/97 IN'!' CRED 48.99 11,870.58 08/30/97 08/31/97 INT CRED 49.20 11,919.78 09/29/97 09/29/97 IN'!' CRED 46.22 11,966.00 09/29/97 09/29/97 ROLLOVER 4.8800\ 11,966.00 09/30/97 09/30/97 IN'!' CRED 1.59 11,967.59 10/31/97 10/31/97 INT CRED 49.61 12,017.20 11/29/97 11/30/97 IN'!' CRED 48.20 12,065.40 12/31/97 12/31/97 IN'!' CRED 50.00 12,115.40 01/31/98 01/31/98 IN'!' CRED 50.22 12,165.62 02/06/98 02106/98 INT P'iMl' 9.76 12,175.38 PBNlU.TY -145.59 12,029.79 WDRAW AMT -12,029.79 0.00 _ TDDHISTRBQ TDDMAIN TDDINT TDDMISC TDOEIST Last page of information. GN20000I02 COMMAND ...:> P2aRetrieve p3aBxit P4aCRFwindow P6aToggle P7=Backward ACTIVITY DESCRIPTIQN 3-26 BEGINNING BALANCE 3-:!8 DEPOSIT 3-28 CHECK 99 ~-10 C~ECK 10~ ~11 CHECK 101 ~-17 CH;CK laC ~l7 CH=CK 106 ~-23 CHEC~ 105 ~-Z5 DePOSIT 4-;~ I~IT=~=ST C~cDIT 4-~S =N~!NG BALANCe CHECK NO 99 1(10 :.n CTAL NU~6E~ OF CHECKS ALUE CHECKING PREVIOUS TATEI1ENI BALANCE ,353.20 lr~~ral 101 SOUTH GEORGE STREET pc, BOX 150ea . VORl<. ~A 17J05.7C6a STATEMENT OF ACCaUNTS 090-8623>15 STAT~I1=NT PERIOD F~u'1 THRCUGH )-26-97 4-2S-97 PAGE 1 CF 1 '...111...1..11".1,'.',,11, 1"lf." ,fl...II..I,,,I,',I,II,,,' - ------ -- .----- LORETTA 11 HURLEY (I) 3I5 GCCRGEIOWN RC G RDN~RS P 17324-9066 o ENCLOSUlt::S DEPOSfTSI CREDI S 3 ~99.49 ACCOUNT: 0>10-962395 SERVICE FEES .00 !:NDING 9ALANCE 169.61 CH:CKS/ DEBITS 6 1,083.08 YEAR ACC~UHT/INTEREST INFORI1ATION 3.51 F!:D TAX WITHHELD THIS YEAR .oc REFE~ENC: DEPOSITS/ C~':DITS CH:CKS/ DE8 ITS 8ALANCE l,353.2C I,52a.zc ,4g7.91: ,4,5.1..: , 955.12 ..70.12 85012900010 0013600 l290 00i44000570 00 260005QO 00r?22000160 00 22C00830 00139002940 8SCIZ700C10 200.00 25.00 40.~9 32.,9 485.00 15.00 4a5..', :9!:H~ 169.61 169.61 CHECK · IllDICHES SKIP ~.'1aUNT Z5.JC 48S.CJ 32.71 6 SU:'IM.\RY IN CHECK NU~BE~S CHECK NO l'4" 'J~ ;..,~ TCTAL .\~~UNT CF CHEC~S A:'ICl.iNT 40 . ! q 482.00 !;,.c,:, l,j8;.O~ ANNUAL PERCENTAGE YIELD EARNEO OISCL~SURE F~:w A~NU.L PE~CENT.Gc YIEL~ EA~N:J AVf=~Ali D~ILYcCCLLECTEC BALA~C= IN ::R:::.T cAR~~D or. 3-26-97 TH~:U~H 4-25-91 ... Z.02% 1,291.74- _-21 FE: 3ALA~CE IHFC~MATIQN F~=M 3-26-97 IHROUGH 4-25-~7 LEDGER BALANCE 1,297.14 AVER GE COLLECTED BALANCE L~D~ER BALANCE 47'.12 MINI1'lUM COLLECTED BALANCE =.,ZQ~.74 410. 1. ..:;, or-' C\. r-' " , . ~ u z - .. ... c ... ... z .... ~I E ..-4 a. .. ... ~_ z. ZJ5 I ~ ~.... 2 wi fJI. i5 ~""3~ 3~i~ ~a.:s~ ~Z : C ~f I ~ fJI. u .... ... .... a. \ ' "') ~ '^ '-... .... .... '- ,., .... Q ... .. ... .... .... - .... ... i - '" ... . : all~~; u..., I ! , I !'-.j , ! i , 1"'-1 , I : z .~t i t:no~~ ~ :>:z:...c C VA. QQ &It ! , . ; I 1: , ,- ,n !i'~i 'I \", I ' \:'~i !' '-I., I' I~: .: I' "" ~ I) ~ ~ ! ~I '~! : ,,: f"-.. ~i , I I ' I I I , Q ~ ... .. ... o >- '" ... ... o .. . I ! i I.! ~ ~ ~ i!l .. ~ ::I e ~ z I EXHIBIT "D" Cl ;...! t" ~~ fL~ ~~ ~ ~ ~'" .till " s ~ 5!' '" I i ~" ~ ~ ~ ~ .-~ ~~ E h~ -gj a g ~i III i~'" ~ ~ ~&: a .1:", !".! ! 'j ~ ~ =1 ~ ~ : ~ 21 ~;i ~ :2:;; o.H g :a~ c:: \a :s .! u 0= a..Ci g ,.. ~ -8 u. . ~ ~u 0" ~ ,,_ ~ is! w;; ~ g ~ '" ~i 0 ~.; . " 8. ! ~z-o>~o,.. -<g-.8uc;.o '" "" '" 'E" u. < :5- a.. ~..., .. <. 1: :I ~~ w 8 - '2 -.. . _> ..! 0 ... =; u ] -_ 41 41 :z c_ 011-= -.._ ~: <? ~ a C5:l: i ;u o MetLife' POLICY NUl'IBER 843145249UL PAGE 2 - ....******** ACTIVITY FOR POLICY YEAR ENDING ON OCTOBER 27. 1997 .....******.- INS1Jl.AHCE ... TRANSACTION GROSS EFFECTIVE EXPENSE CHARGES INTEREST ENDING AXOUNT DATE CHARGES BASIC/RIDERS CREDITED ACCUM. f1IND PREVIOUS -- - BALAJiCE 10/28/96 6.523.79 PAYMENT ~0/28/96 C3~60 18.2€iY KONTHLY StJl1MAR Y 0/28/96 6.538.27 3.6 KONTHLY S tJl1MAR Y 11/28/96 18.24 28.51 6,544.86 3.68 PAYMENT 40.00 11/29/96 3.60 KONTHL Y StJl1MAR Y 12/28/96 18.24 27.80 6.587.14 3.68 PAYMENT 40.00 12/30/96 3.60 PAYl'lENT 40.00 01/28/97 3.60 KONTHL Y StJl1MAR Y 01/28/97 18.24 29.06 6.667.08 3.68 PAYMENT 40.00 02/28/97 3.60 KONTHL Y S tJl1MAR Y 02/28/97 18.24 29.20 6.710.76 3.68 PAYMENT 40.00 03/28/97 KONTUL Y SUIlMAR Y 03/28/97 18.24 26.63 6.751.87 3.68 PAYMENT .~ KONTHLY StJl1MAR Y 18.24 29.72 C6. 796.07 .J 3.68 PAYMENT KONTHL Y StJl1MAR Y 18.24 29.17 6.839.72 3.68 KONTHLY S tJl1MAR Y 06/28/97 18.24 30.40 6.848.20 3.68 PAYMENT 40.00 06/30/97 3.60 PAYMENT 40.00 07/28/97 3.60 KONTHLY SUKlIARY 07/28/97 18.24 29.78 6.928.86 3.68 PAYMENT 40.00 08/28/97 3.60 KONTHLY S tJl1MAR Y 08/28/97 18.24 32.10 6.975.44 3.68 ~ KONTHLY SUKl1A.W 09/28/97 18.24 6.986.06 3.68 ... CONTINUED ON NEXT PAGE ... Rite Aid Corp. Pen. ion Plan CRR) c/o Conrad M. Siegel, Inc:. P. O. Box 5900 HarNburg, PA 17110-5900 Rite Aid Corporation Pension Plan eRR) Loretta Hurley 176 Virginia Ave Carlisle, PA l70l3 Important Information Requires Immediate Attention When your employment with Rite Aid Corporation terminated, you were vested IUIder the Plan. The Plan provides that a participant may elect a lump sum distribution now instead of receiving a monthly pension at retirement age. Enclosed are the followin2": 1. Notic:e of Deferred Vested Benefit and Current Payment Option 2. Application for Benefits 3. Tax Information Instnlctions for MakinI!' Your Electi.Qll 1. Note any correction of your address in Part A oftbe Application. 2. Complete and sign Part B of the Application for Benefits. 3. If you are married, your spouse may bave to sign Part C of the Application (with a notary's witness) depending on the option you elect. 4. Return tbe completed and signed fo1'1Il3 to Denise Collins at Rite Aid Corporation in tbe enclosed envelope. !fyou bave any questions, you may contact Denise Collins at (717) 76l.2633 en 5089. Frank S. Rhodes 1-+,(, Benefit An,..,;,,;qf;ration April 30, 1999 IX: Denise Collins -~ . . <;:~Dt Payment Option. (Available only until June 30, 1999) You may chooae to receive a current distribution of your benefits. Before malci.ng this decision. you .howd; (ll con.ider the effect on your deferred vested benetit; (2) review "Your Retirement Plan Payment Option Rigbts;" and (3) read tbe "Tu Information" provided in this package. You may cbao.. ONE of tbe methods of payment outlined below, .ubject to the consent of your 'poUJe. 1. Lump Sum Payment. A lump sum payment of 1 7.817,00 as of June 1 1999. You may elect eal a direct tax.free transfer (rollover) of your benefit to an Individual Retirement Account (IRA) or to anotber qualified employer plan; (b) the payo;nent of your benefit directly to you; or (cl a combination of rollover and direct payment. provided that the rollover amount is at least 1200, NlY payment made directly to you is subject to 20% federal income tax withholding. OR 2. Lifetime Pension. A monthly pension of 1 41. 86 payable to you as long as you live, with paymenta ceasinr on your death. OR 3. Joint and 50... Survivor Pension. A monthly pension of 1 40.50 payable to you as Ion&' as you live, with monthly paymenta oft 20.25 continuing after your death to yo= present spouse during bi5lher lifetime (50... of the initial amount). The figures for tbe joint and survivor options are based upon, a birtbdate of lO-31-52 for your spouse. Alter you have cbosen your payment option, please complete Part B of tbe Application for Benefita. If you bave any questions, contact the Plan Administrator. (lil R466041JOV RID AID CORPORATION PIIHaOH PuN (BB) LorettaHarl'1 -;,n;' . . Federal Income Tu Information for Monthly Pe1UioD: Pension payments are ta%able u ordinary income. After Tax Employee Contrlbutiol1.S . $ 0.00 Federal Income Tu Information for Lump Sum Payment: Total Distrib'ltion Tanhle Portion Ordinary Income Portion Capital Gain Portion After Tax Employee Contributions $ 7,817.00 7,817.00 7,817.00 0.00 0.00 Participation Beran 03-01.1986 Ended 03.31.19~ Reuon for Payment: Termination Copies of Completed Application to: (1) Payor (Trustee, etc.) (2) Plan j\,!..,;";4trator (3) Conrad M. Siegel, Inc. 3 1W6l5041 JOV .: ~ -.: :'~'15 ~,~, ~.;C:::~:E:': -:- \Jr~ljjl 30 r!t,.:N;Er: L~f"jE C~M~' HrL~ ~A l~Cll iE:..: ;,;"1 ~) 975-::.a5c NOTICE 5E: RE'IERSE SIDE ;::JA IMPORrANT INFORMATION ANO FINANCE CHARGE COMPUTATION METHOD STATEMENT PE"'OD FROM TO 01/01/97 03/31/17 ACCOUNT NUMBER 11 lo'~5.0 LORETT~ M. HURLE~ 375 GEORGETOWN RD GARDNERS PA 173~4-90oo SOCIAL SECURITY NO 190-413-40513 Share II 1 SHARES 564.55 1280 01/07/97 PAYROLL DEDUCTION 50.00 614.55 5970 01/14/97 PAYROLL DEDUCTION 50.00 - 664.55 9036 01/21/97 PAYROLL DEDUCTION SO .00 r- - 714.55 12197 01/26/97 PAYROLL DEDUCTION 50.00 !: .- 764.55 15552 02/04/97 PAYROLL DEDUCTION SO .00 614.55 19523 02/12/97 PAYROLL DEDUCTION 50.00 . 864.55 - - . 21957 02/16/97 PAYROLL DEDUCTION 50.00 914.55 25061 02/25/97 PAYROLL DEDUCTION 50.00 964.55 29137 03/04/97 PAYROLL DEDUCTION 50.00 1.014.55 30581 03/07/97 WITHDRAWAL 1.009.00 5.55 31501 03/11/97 PAYROLL DEDUCTION 50.00 55.55 35093 03/16/97 PAYROLL DEDUCTION 50.00 105.55 37692 03/25/97 PAYROLL DEDUCTION 50.00 155.55 4095.. 03/31/97 DIVIDEND 6.24 161.79 Div Paid YTD 6.24 Last Div Rate 3.5000% ._ PERCENTAGE.YIELD EARNED 3.55% BASED ON PREVIOUS 90 DAYS NEED MONEY FOR VACATION OR A NEW SUMMER YOUR CREDIT UNION OFFERS PERSONAL LOANS UP START A VACATION/SPECIAL PURPOSE CLUB TO SAVE VACATION. TAXES. 6ACK TO SCHOOL. EXHIBIT "H" :.lAROROBE? TO $5.000.00. FuR SPECIFIC GOALS... ETC. (, . ':'l:' PAGE! , 1 DEPARTMENT OF DEFENSE CIVILIAN LEAVE AND EARNINGS STATEMENT II ........... 07131/11II ,......" 08/08/&& . .... ,....~..,.'__.......f..T.'.......'''''' , ........, ......~- -_. HURLEY MICHAEL L WG 05 05 \3.U 20.&1 ..-- t.~.".. 'a^,,",:"f1OOrI "_1AA" ,. ...... ""'............ ....~"....... 182-42-3300 N 11/22/19 240 01/01100 ",--,CfT1\I1'_...,..u .t. .......... .."t\If_ . "'"-0''''' " ,.. .--.... ~.,"'_ . ....0''''''' .. YORK FED. SlL ASSN. . ~ FED PA ;,~ M S -- ... ..,... 5 421080 'Uta S ...- -, ~ ~ 't. --...,"'" CT....-rT . -. ......, HAMPDEN TS PA CSRS: 3115. &8 .. CU"INT .,..U TO 0" TI . QIIOSS PAY 1115.20 20232.11II TAXAaLI I1AG1S 1115.20 20232.&& NDHTAXAaLI WAGU TAX De,eRRID WAGes DeDUCTIONS 302.2; 7150.07 Aue HIT PAY 812.&1 13082 . U CURRENT EARNINGS rv,. HOU""DAU ,UIOU"T T", HOUlts/aus ".-aUNT TV" REGULAR PAY 80.00 1115.20 MQUlts/aA YI A.:JUNT OEDUCTIONS ru. coal CUUINT 'fI". rc DATI npl coo, cunlNr TIA. ra DATI CHLO SUP.GRN 1838.84 FEH8 104 27.82 440.52 MEDICARE 18.17 2&3.38 RETIRE, CSRS 1 80.85 1281.13 TAX. FEDERAL \35.07 2519.57 TAX. LOCAL 421080 11.15 202.31 TAX.LOC OCC 4Z 1080 10.00 TAX, STATE PA 31.23 588.52 LEAVE n,. "IIaa u Ace.UID AceRUID uSIa USID DONA TlDI QUIIIIINT UU.LOSI ULAHC. ,.., '0 nD ,,.., fIlO nD R' TUllNIO IALANCI fl.. DAT! ANNUAL 240.00 8.00 120.00 8.00 94.00 288.00 114.0 SICK 1389.75 4.00 80.00 2.00 1427.75 HOLIOAY 32.00 REMARKS SHARE YOUR LIFE - CHOOSE ORGAN AND TISSUE DONATION - SHARE YOUR DECISION SEND YOUR EMPLOYMENT/LOAN VERIFICATIONS TO YOUR HUMAN RESOURCES OFFICE. EXHIBIT "I" ......h..................................,........................................................... ................................................................... 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