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Home My WebLink About00-05387 . . . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . STATE OF PENNA, TERRI ELIZABETH FISHER Plaintiff No. 2\')00-5387 VERSUS JOHN LUTHER FISHER Defendant DECREE IN DIVORCE AND NOW, ~/f' erl/:t()A.A . ,dtJo'f ,IT IS ORDERED AND . DECREED THAT Terri Elizabeth Fisher , PLAINTIFF, AND John Luther Fisher , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . The parties' Marital Property and Settlement Agreement dated June 15, 2004 is incorporated herein and the Court has 'urisdiction over no other claims. . . - ~. ~:-,~~...... 0\3 'f-::.~:~'~-f$l/"... "" <.\ 'V_~~_~___~~... ~t/ ' / ('\..'-' _:- -0. "" ~"':=-. ..'\~ ~ t:-.. -:~~ ,~:: ..7..........;-~ -'.'C" ....~ ..= .-~ ~ t- ~~ ":.. ~ '-' ~ -: ,... 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" ~ ,-., &vf. t~ ~ "j-~~ ~~~4~ ',h.".,,,C,,C,,,C,_,, l\1'l TERRI ELIZABETH FISHER, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5387 CIVIL JOHN LUTHER FISHER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this IG~ day of 2004, the ~ economic claims raised in the proceedings having been resolved in accordance with a marital property and settlement agreement dated June 15, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Jacqueline M. Verney Attorney for Plaintiff Bradley L. Griffie Attorney for Defendant .~~ ~_I(,-O'f 9- -'" I .. ," IU"""""",,,_ i'"""'-"'"~'-""M~___JIlfl ,." ,-c. ,,\I'!~.bn,!:!.Ll!.JJllJIL ".,~..w.'(.l; ~ .-" ""~''':JiiC''-- r- W~!M~"-~ " ~,. ~"." ~- ,-" ;j{~[(ikl-"'-' ~jlllf-' '" , FILED-OfFICE OF THE PEOTHONmi'R'I 2004 jl!N t 6 PH 2: 30 CU;vi:2J:~~::1~.J',~..\J COUNTY Ptt<l\~ SYiV/.\!\itA ~=~ ,"......'-- ,.c" W~,.. r '"" m'4i TERRI ELIZABETH FISHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW JOHN LUTHER FISHER, Defendant : NO. 2000-5387 CIVIL TERM : IN DIVORCE MARITAL PROPERTY AND SETTLEMENT AGREEMENT This Agreement, made and entered into this /5 +h day of ~ between Terri Elizabeth Fisher, hereinafter referred to as "Wife," and John Luther Fisher, , 2004, hereinafter referred to as "Husband." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on December 29, 1975 in Harrisonville, Pennsylvania; and, WHEREAS, a Complaint in Divorce was filed in the Cumberland County Court of Common Pleas at No. 2000-5387 on August 12,2000; and, WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligation as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and, WHEREAS, both and each of the parties hereto have been advised of their legal rights and ~ ~ ~ . ,-- ':~ the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; and, WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate ofthe Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1, Advice of Counsel. Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligation, and each party acknowledges and accepts that this 2 ",~ , ~ 't Agreement is, and under the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights ofthe parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order effecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs oflitigation. 2. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 3. No Molestation, Harassment or Interference. Neither party shall molesl, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. 3 '"'1"47 >,'._ " " 4. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either ofthem now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise, Each of the parties hereto further waives any right of election contained in Chapter 22 4 ,":;",/ ~ '" 7 '1 i" I,t- - of the Pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court pursuant to Section 3502 of the Divorce Code, Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 5. Division of Personal Property. Except as set forth hereinafter, the parties agree that they have divided their personal property including all household items, accounts, mutual funds and automobiles to their mutual satisfaction. Each party agrees to execute whatever document is necessary to accomplish the intent ofthis paragraph. A. Household items. The parties agree that Wife will be permitted to enter the marital home and make a list of personal property items that she wishes to be transferred to her. Once a list is developed, distribution will be determined through counsel. B. Motor Vehicles. Husband hereby transfers to Wife all of his right, title and interest in the 2000 Chevy Pick-up Truck. Wife hereby transfers all of her right, title and interest in the 1998 Chevy Blazer and the mobile home currently located at 82 Linda Drive, Lot #1, Mechanicsburg, Cumberland County, Pennsylvania. Wife further agrees to transfer any right title and interest in the mobile home that her son currently resides in to her son. C. Lump Sum distribution. Contemporaneous with the execution of this Agreement, 5 -~ ., 1i -_T_ Husband shall transfer to WH'l! llil! sum tif $5;1:IDO,OO. In addition thereto, Husband agrees to pay to Wife an additional $20,000.00 payable in monthly installments of $500.00 for forty (40) months. Said amounts to be considered alimony and paid through a Domestics Relations Order. Husband further agrees to execute a Judgment Note in the amount of $20,000,00 to secure said payment in the event of death or default. Upon the signing of this agreement, each party shall have the freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and.neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 6. Real Property. The parties do not jointly or separately own any real estate. 7. Debts. Wife agrees to assume the Discover Credit Card debt and agree to indemnifY and hold harmless Husband for the aforementioned. Neither party may discharge any of the obligations set forth herein in Bankruptcy proceedings. The parties are not aware of any other marital debt. 8. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will indemnifY and hold the other harmless from any and all liability thereof. 9. Support, Alimony and Alimony Pendente Lite, Husband agrees to pay Wife 6 ~,,~, r ~_" I-r -- alimony as set forth in Paragraph 5C. Husband waives any and all right he may have to spousal support, alimony and alimony pendente lite. 10. PensionslRetirement. Husband has a retirement benefit through the Public School Employees' Retirement System (PSERS) from which he clllTently receives monthly payments of $2,325.68. Contemporaneous with the signing of this Agreement, the parties will enter into a Qualified Domestic Relations Order in the form attached hereto as Exhibit "A", in which Wife shall receive 50% of 89.87% of Husband's monthly benefit. Except as otherwise provided herein, the parties agree to waive any and all interest to the other's pensions, profit sharing, retirement benefits, 401(k) plans and life insurance. 11. Counsel fees. Each party agrees that they shall pay their respective counsel fees. 12. Divorce. The parties acknowledge their intention and agreement to proceed in an action in divorce to obtain a final decree in divorce by mutual consent on the grOlll1ds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in any divorce action. The parties agree to execute any and all documents necessary for the entry of a final divorce decree. 13. Breach. In the event that either party breaches any provision of this Marital Property and Settlement Agreement, he or she shall be responsible for any and all costs inclllTed to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14. Enforcement. The parties agree that this marital settlement agreement or any part 7 ~-", ^ I' ~"" ""~ I-I -- or parts hereof may be enforced in any coUrt (jf COn1~etertt jUrisdiction. 15, Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies, 16. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no otherrepresentations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 17. Incorporation and Judgment for Divorce. In the event that either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this marital settlement agreement. 18. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary .or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. 8 """"1 I ~ I .... . . WITNESS: t . J' ~ A. t/t,'-"<-4t "'''"~! _ _ _0. , . ~n~ F'~4~.~~ TERRI ELIZA'BETH FISHER qM~ dJlJA/~V JO~ LUTHER FISHER 9 -1' ~~ lil -'~ffi_,,~ ~"'< r<~~"_.,1IlIIIl\I!I1JilP.1,L ,"~, 1"!'._- ~~" WIIII'IJi. .~ .'-' ,. '0" ."'".'" "^,-',~ .,>"~ ~, '"~"<" '~i''''&'"- ";;~~'i ","~>~-,:t4 0 ...~ ,:.: OCc> Sf: "C, if; t;~: ..,.. <.... 5! .....:'-' c:: / ~ rn::n \./) - ",E;; fi:') 01 :n C) o~. -I.J f;~~ ,~:~J ':J ::r::p ~ O~J 2(") ~~ <:~-> o fill .c.~_ :< "'- S;! ~,O "'- -< ,_~f!;U~m!~~IlI!I''''''~"1''"",'fil'~''1'~'''''''''';'"''''~';''''!';)''f-P;'-''''f'_~!f!~~'jN!Jm'~~',:;;r~"'-<<<,~!'iIR~~ TERRI ELIZABETH FISHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW JOHN LUTHER FISHER, Defendant : NO. 2000-5387 CIVIL TERM : IN DIVORCE MARITAL PROPERTY AND SETTLEMENT AGREEMENT TIris Agreement, made and entered into this I;; +h day of ~ ,2004, between Terri Elizabeth Fisher, hereinafter referred to as "Wife," and John Luther Fisher, hereinafter referred to as "Husband." WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on December 29, 1975 in Harrisonville, Pennsylvania; and, WHEREAS, a Complaint in Divorce was filed in the Cumberland County Court of Common Pleas at No, 2000-5387 on August 12, 2000; and, WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated and the parties hereto are desirous of settling fully and finally their respective fmancial and property rights and obligation as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and, WHEREAS, both and each of the parties hereto have been advised of their legal rights and ,-"~ '! "- <, ---, .. " '!r,' the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; and, WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no infonnation of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually agree as follows: 1. Advice of Counsel. Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal effect in advance of the date set forth above to pennit such independent review. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligation, and each party acknowledges and accepts that this 1", ~- .,~ ~, ~"<"T 2 II -~ Agreement is, and under the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order effecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs oflitigation. 2, Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 3. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever, 3 "" ' , I! ,,~"~'" _ilII!lIIIRI'!lI 4, Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. The said Husband and Wife do hereby irrevocably grant, each to the other, should the exercise of this power hereby given be necessary, the right and the power to appoint one or more times any person or persons whom the Husband or Wife shall designate to be the attomey-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed or deeds, releases, quit claims, or satisfactions, under seal or otherwise, to enable either party hereto to alienate his or her real or personal property, but without any power to impose personal liability for breach of warranty or otherwise. Each of the parties hereto further waives any right of election contained in Chapter 22 4 " Ii ,~ " ~~ of the pennsylvania Probate Estates and Fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court pursuant to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. 5. Division of Personal Property. Except as set forth hereinafter, the parties agree that they have divided their personal property including all household items, accounts, mutual funds and automobiles to their mutual satisfaction. Each party agrees to execute whatever document is necessary to accomplish the intent of this paragraph. A. Household items. The parties agree that Wife will be permitted to enter the marital home and make a list of personal property items that she wishes to be transferred to her. Once a list is developed, distribution will be detennined through counsel. B. Motor Vehicles. Husband hereby transfers to Wife all of his right, title and interest in the 2000 Chevy Pick-up Truck. Wife hereby transfers all of her right, title and interest in the 1998 Chevy Blazer and the mobile home currently located at 82 Linda Drive, Lot #1, Mechanicsburg, Cumberland County, Pennsylvania. Wife further agrees to transfer any right title and interest in the mobile home that her son currently resides in to her son. C. Lump Sum distribution. Contemporaneous with the execution of this Agreement, 5 ',~- ,- - Husband shall transfer to Wife the sum of $5,000.00. In addition thereto, Husband agrees to pay to Wife an additional $20,000.00 payable in monthly installments of $500.00 for forty (40) months. Said amounts to be considered alimony and paid through a Domestics Relations Order. Husband further agrees to execute a Judgment Note in the amount of $20,000.00 to secure said payment in the event of death or default. Upon the signing of this agreement, each party shall have the freedom of disposition as to their separate property which is in their possession or control pursuant to this Agreement and may mortgage, sell, grant, conveyor otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrtunent of the other pertaining to such disposition of property. 6. Real Property. The parties do not jointly or separately own any real estate. 7. Debts. Wife agrees to assume the Discover Credit Card debt and agree to indemnifY and hold hannless Husband for the aforementioned. Neither party may discharge any of the obligations set forth herein in Bankruptcy proceedings. The parties are not aware of any other marital debt. 8. Future Debts. The parties further agree that neither will incur any more future debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will indemnifY and hold the other hannless from any and all liability thereof, 9. Support, Alimony and Alimony Pendente Lite, Husband agrees to pay Wife 6 '~'r' ~ 'r . -~ alimony as set forth in Paragraph 5C. Husband waives any and all right he may have to spousal support, alimony and alimony pendente lite. 10. Pensions/Retirement. Husband has a retirement benefit through the Public School Employees' Retirement System (PSERS) from which he currently receives monthly payments of $2,325.68. Contemporaneous with the signing of this Agreement, the parties will enter into a Qualified Domestic Relations Order in the form attached hereto as Exhibit "A", in which Wife shall receive 50% of 89.87% of Husband's monthly benefit. Except as otherwise provided herein, the parties agree to waive any and all interest to the other's pensions, profit sharing, retirement benefits, 401(k) plans and life insurance. 11, Counsel fees. Each party agrees that they shall pay their respective counsel fees, 12. Divorce. The parties acknowledge their intention and agreement to proceed in an action in divorce to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in any divorce action. The parties agree to execute any and all documents necessary for the entry of a [mal divorce decree. 13. Breach. In the event that either party breaches any provision of this Marital Property and Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14, Enforcement. The parties agree that this marital settlement agreement or any part 7 '1 ~. "_1' c- ~". -~, _,'_~' "._''''_~_,''~._'',_''''.''. ,_._." -,,~-- ,- ,-, _n'. __ or parts hereof may be enforced in any court of competent jurisdiction, 15. Applicable Law and Execution. The parties hereto agree that this marital settlement agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 16. The Entire Agreement. The parties acknowledge and agree that this marital settlement agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein, 17. Incorporation and Judgment for Divorce, In the event that either Husband or Wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this agreement and all of its provisions shall be incorporated into any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this marital settlement agreement. 18. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WI1NESS WHEREOF, the parties have set their hands and seals the day and year first written above. 8 ,'~- I , T .~ ''''''''''' WITNESS: ~'J'~ A.~/ <- - ~n~F,~~~ TERRI ELI ETH FISHER ~~~i---- JOJO( LUTHER FISHER 9 -.~ ~ I i. ~,,_ JIlL ~~~ ~ 7_"~' ~~"', ,,<' ~' ","' -p ~."","".""~ . 0 1'.,) =,. 0 ~; =. -n - -~; - <-.. "-I !-~ C :r r- nli:!J' LJ iTl (Jj :DI~ <::j,:::, ~ :::r~ ~;2(:s ."" m Orn .,."::" ~ :"i $C- :n --< VI -< ,Jil'!l'l!I!'l!1Il!,iJilillij_ _,,,,,,,",,,,,~~~!ri~~Ii'j~~!!"!I''''~~~R'i'J&,'!#Jl!_~,'P''''''''''0"\'''''''''\<l~i,''''1'1Ji''",,"",~'~,'W'1i~j!'f"'<\'i<,~~ffil;<ila!!fli"'jR~:'!0J'j;;\"1iit~\i-~~!~,~ . .". V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 2000-5387 TERRI ELIZABETH FISHER, Plaintiff JOHN LUTHER FISHER, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c), 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Certified Mail. return receipt requested, restricted delivery. made on August 5. 2000. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by sec. 3301 (c) of the Divorce Code: by plaintiff June 18.2004; by defendant June 15. 2004. (b) (1) Date of execution of the affidavit required by sec. 3301 (d) of the Divorce Code: ; (2) Date of filing and service of the plaintiff s affidavit upon the defendant 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the Notice ofIntention to file Praecipe to transmit record, a copy of which is attached '1"'" ,. - ',' , \~, " --,',-, . ''. ~ ie;_ ,"' , -" - ,.'~ .Qll Date plaintiff's Waiver of Notice in sec, 3301 (c) Divorce was filed with the Prothonotary: Julv IS. 2004. Date defendant's Waiver of Notice in sec, 3301 (c) Divorce was filed with the Prothonotary: Julv 13. 2004. 7-/!:-OL/ ~nt.L;/ Jacqueline M. Verney, Esquire #23167 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 ~:. ~ ~ -~, ,., ',' ~ , ./'1 , 2 ...., = 0 = '11 ~: ...- diEf: <- ..... c:: I-n ..:~-, ~'_. .. m-- ~?~; -of;:; CJ1 :D(S c:: () o( -i"T l, ~C~; > ::r:.'d :% a-- Ii -0 7'0 >:;; 9? arn 11 ..e:._ 0;:; II -oj ..,... ~ --< <.J1 J I I I ~ I "I. ~ " '\ $ 1 1 ~, " .. ,,_ _11"<tI__ v_~",...~f1i!1~!II~~~m<f""'l>-'f."'-~'!"""'\_,;"""l-'1!'~r>J!!'ffll'l1lf~~~~~ ".""W" TERRI ELIZABETH FISHER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No, 2000- SJP7 Civ~t 'T~ JOHN LUTHER FISHER, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may 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, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A. 17013 (717) 249-3166 1-800-990-9108 -1 ;<- -.-~ ,-",. , - TERRI ELIZABETH FISHER, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No.2000 - .5'3?1 ~ I~ JOHN LUTHER FISHER, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. The Plaintiff is Terri Elizabeth Fisher, an adult individual who currently resides at 82 Linda Drive, Lot No.1, Mechanicsburg, Cumberland County, Pennsylvania 17055 and whose social security number is 162-48-1696, 2. The Defendant, John Luther Fisher, is an adult individual, whose current address is 82 Linda Drive, Lot No, 1, Mechanicsburg, Cumberland County, Pennsylvania 17055 and whose social security number is unknown. 3, Plaintiff and Defendant were married on December 29, 1975 in Harrisonville, Pennsylvania, -1- "-,or ~ ~ <" ..' "- ~ . 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies, 6, Plaintiff and Defendant are both citizens of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are two children born of the marriage. -2- t3f.iT ! -",,-> - ~,- ;~ ,,", ':" , . 10, Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce, Arthur K. DUs, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 J.D. No, 07056 -3- '",~ ." < - . . ,.~~, ", ,. , "" " , '.-" -,' , " , ~- ) r --, . . VERIFICATION I verify that the statements made in this C 0...... f' I titl J... 1- , I)... Oi'''I--,' are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ t. ~~l.f\ Date: S u( " ] I ,l ( , Q { v~h"rr A--l:= & _"!l:! ' , 1 ,,-<-, '''1 " (, ",,", ~ -, TERRI ELIZABETH FISHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO.2000-5387 CIVIL TERM JOHN LUTHER FISHER, Defendant IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1930.4 (c) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, Jacqueline M. Verney, Esquire, being duly sworn according to law, deposes and says that she is the attorney for plaintiff, Terri Elizabeth Fisher, and that defendant, John Luther Fisher was served a true and correct copy of the divorce Complaint that was filed in the above matter, by U,S, mail, postage prepaid, certified with restricted delivery, return receipt requested, on August 5,2000, The receipt form is attached hereto as EXHIBIT "A". ni~rn~'!~67 44 S. Hanover Street Carlisle, P A 17013 (717) 243-9190 Attorney for Plaintiff Sworn to and subscribed before me this du IS day of " '.' - ~ -0 '1 ' ~ "', , ,2004. "OMM I n, 1l1lNN8VLVANIA Notarial Seal . KatbleenK. Shaulis, NotarY Pubbc CarlisleBoto, CumberlandCouoly My Commission Expires Dec. 22. 2007 ~,~_"",,"'NolarteS )>;:j ",. .. IIIPE: .. _eomplate',ltems 1 andlor 2 for additional services. 1& -tomplate ~ 3. 48, and 4b. ~. .'rint your ,nam'e and address on the reverse of this form so that we can retum this C c;ard 10 you. ,-Attach thir; form to the front of the mallplece, or on the back if l!pace does not 'i\. permit. ",-,-, ..II -WThe. riteR'Rtetum Receipt Requested- J)n the malIP; lOCO; beldDW th.red~~led.nth" umdber. .. ., e urn Receipt win show to whom the art c e was elive _' an - e ate delivered. ! 3. Article Addressed to: I O~f!~ F~ l'v~'tsI!~~ ~-f1' I. 0 ~ /.-rt(.. /7t1s's- I .!! I also wish to receive the following services (for en extra fee): 1. 0 Addressee's Addre,,!_ 2. ~ed Delivery Consult postmaster for fee. . 40. Article Number :;z St.,? / .5 606 4b. Service Type o Registered ertified o Express Mall 0 Insured o Return Receipt for Merohandlse 0 COD 7. Dat~ s,~ B. Addressee's Address (Only if requested end fee is peid) g 't .: .s. ..~ 1t ., ... c a IE ... . c . 'j a " I. t '" ... Domestic Return Receipt , EXHIBIT "A" '~-'i . . II II , i II II II. 'II ii .II ',:1 !! il "_iQllII ~~, ,,'-~ "",Ill! ,"'- . 0 "" C = 0 ~ LJ~ -~ "Tj <- .-1 rtfn c::: I.,., Z:o r- rnr-1 2'- -On""; {I)b <Co... c.r; ~~? r-:: .;"~c::; "-'...;,-. ~'-' j"~n ;r."", ~~~ "7 _) ~ ~;:CI ~. C co ;srn :z c..; =< _"1.::- - ::0 Ui -< lWmlJ!!~a~'-~~',,,,,,,..,,,~--",1~~~ .J.l!!~ TERRI ELIZABETH FISHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW JOHN LUTHER FISHER, Defendant : NO. 2000-5387 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 12, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed 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 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S. section 4904, relating to unsworn falsification to authorities, Date: lo;l~)o+ '-~ 'E~~~ Terri Elizabeth 'sher, Plaintiff ,~ . _ 'I' o-<c_ "' " .:1', :',.il' , 'iii' " :l iil .i I'j ':~ --,' ;':ij ~l 'j I ,.:i I J 1 ,p "~~ - ~_.~~,-- --", H~' "-'.,0_ __ W . "" -iH" .W' q ...., = d :;;;: = '--~""'" ~ ., l~r~ J;n <- ---1 ~~".:;' c::: :x: "~t r- nl-. '- " ,. c::! -olTl -.....--.- en :09 ~t__ ~o -..;::: ;l:>> :c ~r -:-,7;~ . o:r3 ".- ,~'-, 3: )>~:: 70 ~ 9? 0'16 ~ ,--1 __J ,1~ -( .::- Xl U1 -< 1ill'. I II ii'j.~r:!f'lm!lll~~ ~ .H,,,<_a;N>f'l\f1i"1Qt<P\;,q;,,,o,-"'fE'~~"\m:""\""""'~i?,,,,r;":~';;;'11!i\''~i'j\~$IWi\'';(ljr.''~I'I!l~~!!i{M~Rr5Thll~~~!ljMJ''~ TERRI ELIZABETH FISHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2000-5387 CIVIL TERM JOHN LUTHER FISHER, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Date: 08/D4 , "", ,'7 < I" " ,. ^o,.,_, . "<~ --, -~',. I il :j 'I I ;j '1 i l i 'I 1, " }' " '..:.:.....1: " i '~ I ,';il I' ,;11 11', 10"," -o-nlilllilil ,=,.Jl!IiIjl! " - "~ - , I .~ ~ _ ITOjr C" r-.> .I = 0 c = -n S:. .e- Lf l-'" '- :i:l .. ;j c:: n1~ -"..." _\ - i-' 7 -om -c:~! - U1 '00 ?-"'\ I ~ - :=:0. --,". ,::'-" 5E 5-r1 ~~~-: -7(") ::-':":;:rn Z "!? '--'I =2 .j:"" J:.... Ul ~ """"~ ~Unlij_<'lI~~fl#.,:WitFljWt@lll~~~!1;@~BJ:Wl'!'f,f"'-""""--f'r""~f,;'*"-"~''''~.''(''i>['''','>i'~W4!i~;WlW~~I'l.~.1 ,'""""! TERRI ELIZABETH FISHER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW JOHN LUTHER FISHER, Defendant : NO. 2000-5387 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 12,2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed 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 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unsworn falsification to authorities, J~~~ Date: t-,J fl1 / 6 ~ ',~:>,_. Pi ,.,-," " ~ "'-' ~- ~~ . -" .~~, -, ),1 'I i:l 1:/ ;'.1 'J,\ cl 'I :u ':1 J c :;1 )'1 ,.'.'.1 !i{ " [J :i )'J ',( " ~'i'Jll!"" ~, l\~~~_ ~--~ ,,~,-~-_. .", I .~. ,~, o --~ I.FCr; ~~1.~ Cf.l ~'?-,. -<:"':"" ~c~ ,~ ~~ -< "", c, =, -'=" lil :I! nl~ ::grn~'. , g~t TO ; ~." Qt;;;:;; 'C--(n o -., -".; :a -< L. E . w. -0 ::r:: W 0'\. f1;~~~!lI\iW!.lttl!llJ\'!.\!W:li!I~ml.\~r"!1'l'fi'"~$fi\l~-,,,,,,,.'Wqi,,.",';!q-"'~F="}''''~~'",,"'<'~l!liWllMO'~l'f!~lltlrm~fflFi",~<1~!",,",iR"-,;l~~~ TERRI ELIZABETH FISHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 2000-5387 CIVIL TERM JOHN LUTHER FISHER, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Date: bIlL,!/) Y J , ~x~~ J L'Uther FIsher, Defendant ~- 1 ~~" ,- -~ -- ",'< ,," 1 , ." '_~~_ . z r- :' 'i iJ ~ I I "~I 'c, >1 '~i .1 :::'J 0-,1 -- ."v ,-" ,"W " " "I - I / 0 "'" = 0 C = -n .~.~ ..,.. L -l c:: ffiOl ," r 2~C :gm (f)~, w 06 -<- 1""'.'.,-- -.:...t, . I "~~ -r-r,. ~E; -c OIl ~ -ZCr ....-.C (SiTl Z S~ ::;! W '-T"l 0'> =< _~ .4Iljl_~pmn~~~~'!l\'f'al.I!Ii!fJ'W$~r~~fI~',",","'j~*~-I>:~,,,r;',,.c""'~"\'I"r~,j\",;~"",""<<[;"i"'~,$"C,,",'~""lf.';~~pr"''''''m~~''~'--''~'''l''I'''1'''-,!!I~~~~~ :""11 :_ TERRI ELIZABETH FISHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 5387 CIVIL JOHN LUTHER FISHER, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Jacqueline M. Verney Terri Elizabeth Fisher , Counsel for Plaintiff , Plaintiff Bradley L. Griffie John Luther Fisher , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 12th day of April 2004, at 9:00 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: March 15, 2004 E. Robert Elicker, II Divorce Master ,~, ~- -~ ;"",,,- .-. f' ..,..R (j1U:F:FI'E & JlsSOCIYl.'T'ES Attomeys and Counselors at Law 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Bradley L. Griffie, Esquire Marylou Matas, Esquire Wendy J. F. Grella, Esquire Brian C. Bornman, Esquire Reply to: Carlisle 38 North Main Street Chambersburg, PA 17201 (717) 267-1350 (800) 347-5552 Fax (717) 243-5063 March 8, 2004 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Fisher vs, Fisher No. 2000-5487 Dear Mr. Elicker: I am in receipt of Attorney Verney's letter of March 4, 2004. I am in agreement with rescheduling this matter for a settlement conference, but do not believe that a Master's Hearing would be appropriate at this time. I assumed responsibility for a wide array of Attorney Thomas Diehl's files and Mr. Fisher is one of those files, When I received the file, I found that it was lacking with respect to background information that was necessary to properly evaluate the proposal that was being discussed between counsel. Since that time, I have requested and secured some additional information that will allow me to review this matter in more detail with Mr. Fisher. Immediately after reviewing this with him, we will be in further contact with Ms, Verney. In the meantime, though, so that this matter continues to be advanced, the scheduling of a settlement conference will certainly be of benefit in assuring that Mr. Fisher will make a reasonable proposal to settle the matter to Ms, Fisher and will provide for the opportunity to settle the matter on the record if we are close to settling it at the time of the settlement conference. Your attention and courtesy is appreciated. Very truly yours, BLG/msg Cc: Jacqueline M, Vemey, Esquire John L. Fisher "-,.,,, - . ~~ - , - , ' <r .!\t ~ , /1 j"""f ,t,,. 'v" , '--, =.,. LAW OFFICE OF JACQUELINE M. VERNEY ATTORNEY AND COUNSELOR AT LAW March 4, 2004 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 f' '1 ' ,'I' a ',\.. J _ ' l', \! \ ~ l! \ V' ; 'J v -i~' l f Re: Fisher v, Fisher No. 2000-5487 IN DIVORCE Dear Master Elicker: Counsel and the parties met with you for a pre-trial conference in the above referenced matter on November 4,2003. At that time an agreement was reached and the parties were to return to you once the agreement was finalized and the QDRO drafted. Since that conference, husband has obtained new counsel, Bradley Griffie, Esquire whose position is that no agreement was reached at the conference. In light of husband's reneging on the agreement, please schedule a Master's hearing, Very truly yours, \ 7(~ acqueline M. Verney, Esquire JMV Imos cc: Bradley Griffie, Esquire Terri Fisher 44 SOUTH HANOVER STREET, CARLISLE, PA 17013 (717) 243-9190 FAX 243-3518 ""-" ., ",' '~r_-' , -' ",-> ,'" ~, . -~ -I-~ .. TERRI ELIZABETH FISHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000-5387 JOHN LUTHER FISHER, Defendant : CIVIL ACTION - LAW : IN DIVORCE INVENTORY OF PLAINTIFF PURSUANT TO Pa.R.C.P. 1920.33(a) Defendant files the following 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. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein made are subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Respectfully submitted, Date: I! - l ~ 0 :) TffPJZ Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 J.D. Nwnber 78942 (717) 240-0833 ~t .-" i"j -~~ , ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages: 1-"""1" -,- ." ._". x I. 2. 3. 4. 5. 6. 7, 8. 9. 10. 11. 12. 13. 14. 15. 16. x 17. 18. 19. 20, 21. 22. 23. 24. ?- -). 26. Real property Motor vehicle Stocks, bonds, 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 value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits-severance pay, workman compensation claim/award Profit-sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and un-matured) MilitaryN A benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (including as a total category and attach itemized list if distribution of such assets is in dispute) Other 'I' ,~--'- I. MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM NUMBER DESCRIPTION OF PROPERTY OR LIABILITY VEHICLES<~;~2)(i:Cj;j'; ....... Parties' two Mobile Homes, at Linda Drive, Mechanicsburg, PA VALUE VALUE TO HUSBAND VALUE TO WIFE $1,500.00 $2,000.00 2, II. PROPERTY TRANSFERRED Plaintiff lists all marital property which was transferred within 3 years of the date of commencement of this action or was transferred since the date of separation: .~fE\;~~1'!~~~~~r',~;, ,:-,"1. -i~-""'''?'' I' ,~,~ "" , COMMONWEALTH OF PENNS(_/ANIA PUBUC SCHOOL EMPLOYEFS' RETIREMENT SYSTEM MGilbIt AJldrnf PO Box 125 Harrisburg PA 17108-0125 TDIl-Fr<< - 1-888-773-7748 (1-888-PSERS4U) LDcal-717-787-8540 Web Addresf: www.pself.ftare.pa.us . BIlilding LDcatiDn 5 North 5th Street Harrisburg P A January 11, 2003 JOHN L FISHER 82 LINDA DR LOT 1 MECHANICSBURG PA 17050-1547 S,S.# 168-26-3581 Dear ,:.... v !fMr. Fisher: When you retired, you elected Option 1. At the time of your retirement. the total of the Death Benefit protected was $404,433.71. The remaining Death Benefit protected in your retirement account as of January 31,2003 is $252.451.88. You have received a total of $151,981.84 in monthly annuity payments since the date of your retirement. July 1, 1998. The current death benefit will continue to be reduced each month by the amount of your monthly benefit. If at the time of your death there is a Death Benefit remaining, any balance will be distributed to your designated beneficiary. If I can be of further assistance. you may reach me by calling toll free 1-888-773-7748, extention 4856, (local calls 717-720-4856) between 7:30 and 3:30 p.m. each business day. If you prefer, you may also reach me by FAX at 717-787-7021. Sincerely, ~ Deb C Hancock Retirement Benefits Specialist Exceptions Processing Center ;.'1- r - ~ - . . I' --rlIl!!l!l!\IIII , . TERRI ELIZABETH FISHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 2000-5387 CIVIL TERM JOHN LUTHER FISHER, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may 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 or your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 :rj7 , ',~- -"-- - ." ~- - -" , I 1 ~ , TERRI ELIZABETH FISHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW NO. 2000-5387 CIVIL JOHN LUTHER FISHER, Defendant IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW comes Terri Elizabeth Fisher, plaintiff herein, by and through her attorney, Jacqueline M. Verney, Esquire, and represents the following in support of her amended complaint: COUNT II EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 of the Complaint are incorporated by reference as though set forth in fulL 12, During the marriage, the parties accumulated certain real and personal property which is subject to distribution. WHEREFORE, Plaintiff prays Your Honorable Court to equitably distribute the marital property in accordance with the factors set forth in 23 Pa.C.S.A S 3501, et seq. COUNT III SUPPORT/ALIMONY PENDENTE LITE/ ALIMONY 13. Paragraphs 1 through 12 of the Complaint are incorporated by reference as though set forth II' , , ."~, - ,. '. .c_ r.' -,",.--.... in full. 14. P1aintifflacks sufficient property and income to provide her with a reasonable income and cannot adequately support herself. 15, Defendant has a far more economic superior position than Plaintiff and Plaintiff requires reasonable support to adequately maintain herself. WHEREFORE, Plaintiff prays your Honorable Court award support, alimony pendente lite and alimony as determined appropriate by the Court, COUNT IV COUNSEL FEES. COSTS AND EXPENSES 16. Paragraphs 1 through 15 of the complaint are incorporated by reference as though set forth in full. 17, Plaintiff has retained the services ofJacqueline M. Verney, Esquire and the counsel fees, costs and expenses for representation in this action will be substantial and continuing. 18. Plaintiff is without sufficient funds, income or assets to pay such counsel fees, costs and expenses. 19. Plaintiff will need to retain the services of a certified public accountant, appraisers and other experts with regard to this action. WHEREFORE, Plaintiff prays that this Honorable Court enter an award for preliminary and interim counsel fees, costs and expenses and to enter a [mal award of counsel fees, costs and expenses. "'-' ., ~,--" <-~ ,I 'f ., .. - " 7-(()-o) r. "",~- -,~-- ",1 "7_=.. 'f', Respectfully submitted, Joc e1d v=t.;,h Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff -~ , - '. , VERIFICATION I verify that the facts included in the within pleading are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. S 4904 relating to unsworn falsification to authorities. Dated: 'J.~ E~~\lt,~~ '7/&/03 Terri Elizabeth Fi er --',>""^ " -','''^'' ^^ '~'_l" ~-~ 'f "" :~ ! ;j" . ,.d . . CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certifies that a true and correct copy of the foregoing pleading was served upon the following on the date indicated by the following means: Postage prepaid, US Mail: Personal Service: Date: 1-(O~{) 3 --, ~ -,-'" Thomas S. Diehl, Esquire P.O. Box 1290 Carlisle, P A 17013 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 .. ~.~/ ac elineM. Verney,E~di23167 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Attomey for Plaintiff -n.- ... ~ <~o--_' . ~ ,- - ,,- -- . , 0 0 C -'r'! ~ (J -tq, 2' L~ ,~ ~ 6' 92~f~ , - ~;--;---:G ',- D >(L! ZSc c:> ' ~~, 0 ~2 ~/-~:: ~l'~~ .... ~,~ -" -- 0 )?' ,"-' ::-x: W B z'- ~-' --c tf! ..a :>> t: ::---:\ "Q r z -~ :'0 -.() Ctl ::<! (11 '< --..J J ~"""",- .'f""". __, ~_~__...=__=,!J!~lI!ItIf _' ,~ _~~~~~\~~~~~~~~~M:_, 1, _ f'Wr ~_.."J TERRI ELIZABETH FISHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 5387 CIVIL JOHN LUTHER FISHER, Defendant IN DIVORCE - ... -. . .. . ~ ',- - -) ,1- -" ~I TO: Jacqueline M. Verney , Attorney for Plaintiff Thomas S. Diehl , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 4th day of November, 2003, at 10:00 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: 10/7/03 E. Robert Elicker, II Divorce Master "'-"'f4'. ", .,--{" . /) I) h t 0 ~~,~" i/'c> t \. '.' v I\J~ ~\ Q , 1/-~ I '1\1 'l, I' ~ , ,f '7 ! JMV Imos cc: Thomas Diehl, Esquire Terri Fisher "i {=-<'\ \ \- \ li,t ~! liti~l~ 'vY~.,. '\>' . ..1' \i \\} . 1'1' !" I : ?yb LAW OFFICE OF JACQUELINE M. VERNEY ATTORNEY AND COUNSELOR AT LAW October 1, 2003 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 Re: Fisher v. Fisher No. 2000-5487 IN DIVORCE Dear Master Elicker: I have been invited to consult with the Supreme Court Juvenile Rules Committee to develop dependency rules for the state. Unfortunately, the meeting is scheduled for October 9, 10 and 11, 2003 in State College, This requires me to request a rescheduling of the pre- trial conference in the above referenced matter currently scheduled for 1 :30 p.m. on October 10, 2003. I have contacted Attorney Thomas Diehl, opposing counsel in the matter, who has indicated he does not oppose a continuance. Please accept this letter as a request to continue the pretrial conference to the next available time. Thank you for your consideration, Very truly yours, AtI~ acqueline M, Verney, Esquire 44 SOUTH HANOVER STREET, CARLISLE, PA 17013 (717) 243-9190 FAX 243-3518 ~ - ! '~ , , TERRI ELIZABETH FISHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 5387 CIVIL JOHN LUTHER FISHER, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Jacqueline M. Verney , Attorney for Plaintiff Thomas S. Diehl , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 10th day of October 2003, at 1:30 p.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: 8/82/03 E. Robert Elicker, II Divorce Master Jacqueline M. Verney, Attorney for Plaintiff, filed a pretrial statement on August 18, 2003. Thomas S. Diehl, Attorney for Defendant, has not filed a pretrial statement as of the date of this notice, ~-~r"' . I , , TERRI ELIZABETH FISHER, Plaintiff : IN THE COlJRT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA YS. : CIVIL ACTION - LAW : NO. 2000-5387 CIVIL TERM JOH:"I LUTHER FISHER, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS i i 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 will proceed without you and a decree in divorce or annulment may 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 or your children. When the ground for the divorce is indignities or irretrievable breakdown .ofthe marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 :\OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsyl\'ania 17013 (717) 249-3166 (') CJ (') C <..) " < '- <<-..... -urn ,- # flll"n ,= Z::C! i~,' zr--- , (5)-~ 0 c -<...' 1 kC; (j -0 .";"i ;';:C ....... '::j~~ ~c: G) ,:-'Srn p...;';" ~-' '-. -...1 7' y; ~ (..<'1 :.0 -< ::d-1 1 ~~ . , , , TERRI ELIZABETH FISHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2000-5387 CIVIL JOHN LUTHER FISHER, Defendant IN DIVORCE AMENDED COMPLAINT IN DIVORCE j j Ai'\lD NOW comes Terri Elizabeth Fisher, plaintiff herein, by and through her attorney, Jacqueline M, Verney, Esquire, and represents the following in support of her amended !): i'l lii iJ fi! complaint: COUNT II !il ," EOUlTABLE DISTRIBUTION ;., ki iil I" ii! 11. Paragraphs 1 through 10 of the Complaint are incorporated by reference as though set forth l' :; '" in full. :j: 12. During the marriage, the parties accumulated certain real and personal property which is , :1: ~i: i'" i'" subject to distribution. It: , WHEREFORE, Plaintiff prays Your Honorable Court to equitably distribute the marital li~ property in accordance with the factors set forth in 23 Pa.C.S.A g3501, et seq, :;j '''I "j :'! COUNT III SUPPORT'ALIMONY PENDENTE LITE! ALIMONY 13, Paragraphs I through 12 of the Complaint are incorporated by reference as though set forth -""'1 ~ -'.-' ,'TO ,. in full. 14. Plaintifflacks sufficient property and income to provide her with a reasonable income and cannot adequately support herself, 15. Defendant has a far more economic superior position than Plaintiff and Plaintiff requires reasonable support to adequately maintain herself. WHEREFORE, Plaintiff prays your Honorable Court award support, alimony pendente lite and alimony as determined appropriate by the Court. i i COUNT IV COUNSEL FEES, COSTS AND EXPENSES 16. Paragraphs I through 15 of the complaint are incorporated by reference as though set forth in full. 17. Plaintiff has retained the services of Jacqueline M. Verney, Esquire and the counsel fees, costs and expenses for representation in this action will be substantial and continuing. 18. Plaintiff is without sufficient funds, income or assets to pay such counsel fees, costs and expenses. 19. Plaintiff will need to retain the services of a certified public accountant, appraisers and other experts with regard to this action. WHEREFORE, Plaintiff prays that this Honorable Court enter an award for preliminary and interim counsel fees, costs and expenses and to enter a final award of counsel fees, costs and expenses. '" . ",., ",..,'." . ~. - ~ 7-(6-u) ~ -~ - e, - - ~," l' t Respectfully submitted, (,' I~-L, Jac elineM. Verney,Esq~-r Supreme Ct. rD. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff I I - . . VERIFICATION I verify that the facts included in the within pleading are true and correct based on j information knO\\11 to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A, ~ 4904 relating to unswom falsification to authorities. I I Dated: '0,D>\~ E~~, ~~," '7/8/o~ Terri Elizabeth Fi. er "ll.~ , 1-, CERTIFICATE OF SERVICE I, Jacqueline M, Verney, Esquire, hereby certifies that a true and correct copy of the foregoing pleading was served upon the following on the date indicated by the following means: Postage prepaid, US Mail: I Thomas S. Diehl, Esquire P.O. Box 1290 Carlisle, P A 17013 Personal Service: E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 ~~.f{~ ac eline M. Verney, Esquire~167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff Date: 7 - /0 -03 ,,-,~ I~ ~ ~' ...... <' , OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colyer Office Manager/Reporter West Shore 697-0371 Ext. 6535 July 21, 2003 Jacqueline M. Verney Attorney at Law 44 South Hanover Street Carlisle, PA 17013 Thomas S, Diehl Attorney at Law MISLITSKY & DIEHL One West High Street Suite 208, Box 1290 Carlisle, PA 17013 RE: Terri Elizabeth Fisher vs, John Luther Fisher No. 00 - 5387 Civil In Divorce Dear Ms. Vemey and Ms. Diehl: I have received a copy of an amended complaint filed on July 10, 2003, raising claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. I assume that discovery is complete and that we will not be dealing with any outstanding discovery issues at the time of the pre-hearing conference. I also assume that the parties will either sign affidavits of consent or have been separated for a period in excess of two years. In accordance with PRC.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, August 18, 2003, Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss ",,", --~" -c '''-'''d'~',-~__'''-!C_ A~_ . ,- ,.." ,-' --;c_ - I'r ~- - . ~~ ", 1 .~. .. Ms. Verney and Mr, DieW, Attorneys at Law 21 July 2003 Page 2 the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURETOFILEPRET~STATEMENTSASDIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING V ACA TED. "~"-'~ - r--.- --~ . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci do Colyer Office Manager/Reporter West Shore 697-0371 Ext. 6535 June 30, 2003 Jacqueline M. Vemey Attorney at Law 44 South Hanover Street Carlisle, PA 17013 Thomas S, Diehl Attorney at Law MISLlTSKY & DIEHL One West High Street Suite 208, P,O. Box 1290 Carlisle, P A 17013 Re: Terri Elizabeth Fisher vs. John Luther Fisher No. 00 - 5387 Civil In Divorce Dear Ms. Verney and Mr. Diehl: Counsel have certified that discovery is complete. The complaint in divorce was filed on August 2, 2000, raising grounds for divorce of irretrievable breakdown of the marriage. The complaint did not raise any economic issues. , ..] :1 , , A petition to amend the complaint was filed on August 12, 2002; however, I do not see an amended complaint nor any economic claims filed in the action. Consequently, I will allow counsel two (2) weeks to file the appropriate pleadings raising economic claims. A petition was filed to include Section 3301(d) on August 12,2002, as a ground for divorce. If no economic claims are filed within two (2) weeks, and assuming that there is - ~, -" ~",= ~-" " -r-, .r", UT" :-r ~ . ,. Ms. Vemey and Mr. Diehl, Attorneys at Law 30 June 2003 Page 2 no issue with respect to grounds for divorce, I will prepare an order vacating my appointment. Very truly yours, E. Robert Elicker, II Divorce Master I~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSn VANIA Terri Elizabeth Fisher Plaintiff vs. John Luther Fisher NO. 2000-5387 J,!K MOTION FOR APPOINTI1ENT OF MASTER (Plaintiff) (Defendant), moves the court to appoint a master with respect to the following claims: ( x) Divorce (x) Distribution of Property ( ) Annulment (x) Support ex) Alimony (x) Counsel Fees ( x) Alimony Pendente Lite (x) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The defendant (has) (US:XIlIllJt) appeared in (by his attorIl.ey, Thomas S. Diehl (3) The staturory ground(s) for divorce (~ the action (personally) ,Esquire). (are) 3301 (c) or (d) (4) Delete the inapplicable paragraph(s): ~ The action is not contested. ~ An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following EQuiteble Distribution, Support, Counsel Fees, Costs & Expenses The action (involves) (does not involve) complex issues of law claims: Alimony. APL, (5) or fact. (6) (7) The hearing is expected to take 1 ~ (days). Additional informa~ion, if any. relevant to the motion: AND NOW is appointed ORDER APPOINTlNGRlZr ~ ,j,9~ f: with respect to the following claims: ~la~t~h (~) Date: S - J..;). -03 ~ ~ Esquire, IfJ '"'1.'_:--1 "~ T ~ ._-~"! ~ '", ~"- ~~~-.r;:~..",_ J~~_~ 1',. ,\', > "'-';'~ \) Wij_"l_~~ RLtD-OffiCE OF ll\E PF81HON01ARY 03 MA~ 22 p\,\ 2: 58 CUMBERLf\iIU C;Q\JNW PENNSYLVANIA - _-,.ItL"",~,,,">. " u.. ' ~ () c -o:!: rn"^:' 2[1", Z--r.: tJ:C ~~. r-:'f:: ~~. >0 ~ =< .",.. 1..0 '~'_fi__'" a w 3: :1.> -.: N N c) 'Ii en jf~; 07>"0 Cifil -I' ~ > :l:': 9 ,____~_~"A,~!..~f\iif~~I!'I'f_I ~- --- tl"'_-~'~r"""~'<"Jflt~~, ~~~~ __~fiIl~~~_.iMlfl!ij;, TERRI E. FISHER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 2000-5387 CIVIL TERM JOHN LUTHER FISHER, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 7th day of No v[..YY)); f./e. , 2002, upon presentation and consideration of the within Motion to Make Rule Absolute, it is hereby ORDERED that Arthur K. Dils, Esquire, is hereby withdrawn as counsel on behalf of the Plaintiff, Terri E, Fisher, in the above-captioned divorce action. J. Distribution: Terri E. Fisher, 82 Linda Drive, Lot #3, Mechanicsburg, P A 17050 Thomas S, Diehl, Esquire, P.O. Box 1290, Carlisle, PA 17013 Arthur K. Dils, Esquire, 10 17 North Front Street, Harrisburg, P A 171 02) ~ ~ /1- 7-0;J..., ~. "-""""'1"---- ; ~ ~""'!fI~~iltl~~lli~iiiw.o:'~lili<i~~MJ6,,'k~l'!i1!3&.iL ~~ '-""~ii'~ .-fft~ ~- , 'j ,~_~ -, --"d :.~~\, FD-O\':F1CJ: "..'.rn'rt,r.y il.,,:'-,....II..n (]~~ 1'0\1 -., PH 2: 35 C".'. .1 ,.". ('rU''4'T\' 0'1,1''''-:"':1 '..'1',;;. J" J' \;.'-1"-' ~..' U ",J ...h. PENNSYlJ/,1;N1A Rll'~ "~.*,"'iJ JJfjjLf "' [?, TERRI E. FISHER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2000-5387 CIVIL TERM JOHN LUTHER FISHER, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW this JO day of October 2002, comes your Movant, Arthur K. Dils, Esquire, and respectfully requests the following: 1. Your Movant is Arthur K. Dils, Esquire, the attorney of record for the Plaintiff, Terri E, Fisher, whose office is located at 1017 North Front Street, Harrisburg, Pennsylvania 17102. 2. A Petition to Withdraw as Counsel was filed by your Movant on September 9, 2002, at which time a Rule to Show Cause was entered by your Honorable Court, the Honorable Edward E. Guido, granting the Plaintiff and Defendant above named to show cause why, if any, said Petition should not be granted, said Rule was returnable twenty (20) days after service, See Exhibit "A" attached hereto and made a part hereof. 3. Said Rule and Petition were served by certified mail upon the attorney for the Defendant, Thomas S. Diehl, Esquire, P.O, Box 1290, Carlisle, ~~, -,'" - , ~ ~ - ""~ Pennsylvania 17013, on September 20, 2002. See Exhibit "B" attached hereto being the return receipt verifying that Kimberly Hough, agent for Attorney, Thomas S, Diehl, accepted service of said documents, 4, Service of the Petition and Rule was made upon the Plaintiff, Terri E. Fisher, by both regular and certified mail. 5, Attached hereto and marked Exhibit "c" is a copy of the envelope forwarded to the Plaintiff, Terri E, Fisher, by certified mail, wherein the Plaintiff received three notices from the United States Postal Service of said certified mail to be claimed; however, Plaintiff, Terri E. Fisher, never claimed said mail. 6. The regular mail, which as sent to the Plaintiff, Terri E. Fisher, which included a copy of the Petition to Withdraw as Counsel, as well as the Rule Returnable, was never returned to your Movant and therefore, service was made upon the Plaintiff, Terri E, Fisher. 7. There have been no answers filed to the Petition to Withdraw as Counsel opposing said request. '~''''^~' - ],. .~. WHEREFORE, your Movant, Arthur K. Dils, Esquire, respectfully requests your Honorable Court to permit him to withdraw as counsel on behalf of the Plaintiff, Terri E. Fisher, in the above-captioned matter. Respectfully submitted, BY: ~ "I'$II'rfl' j' - vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA NO. 2000-5387 CIVIL TERM TERRI E. FISHER, Plaintiff JOHN LUTHER FISHER, Defendant CIVIL ACTION - LAW IN DIVORCE . RULE TO SHOW CAUSE AND NOW, this /.l T!::: day of September 2002, upon presentation and consideration of the within Petition to Withdraw as Counsel, it is hereby ORDERED that a Rule is issued upon the Plaintiff and the Defendant to show cause why, if any, said Petition should not be granted. RULE returnable 1. 0 days after service. BY THE COURT: /s/ [L~,-{ 1: ~ I I ], Distribution: Thomas S. Diehl, Esquire, P,O. Box 1290, Carlisle, PA 17013 Terri E. Fisher, 82 Linda Drive, Lot 1, Mechanicsburg, P A 17050 Arthur K. Di1s, Esquire, I 0 17 North Front Street, Harrisburg, P A 17102 rR! or: con" f'~"""'" R"=""':()~R> .H; ~'.. r Y M\..il"t. \r.:.--...",...., I''U,8 In T~3tlm(llly W!lOfTi<C{ I hWi:! unto lJct my ila!16 and tilll ~i of S<lkJ ~ at CarHskJ, Pa, This /~ beta" (l ~;t-' .;2.bo.z.- f(1I1' I. ,'#' ProthonCltar~ :,~ ,.J Com~ Neltili'lit' 1, 2,lIii<l3:Aiso complete. item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. J.- 'Attach this card to the back of the mail piece, or on the front if space permits. cue::::; 1~~ ~u,~ 76, ..,6'0)( /,:;;. '7 c C #').4..} a /-7=/ J ..,;;,,,.....',-,..,., "'1 ~- - T 3.~iceType ~ Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes obh-te\rtic Return Repeipt 102595.01-M-2p( -~ -- ~'1- i ""'.. "':',' .....: q ., i --- .,1 - .'1 ( i :1 ~ It ~ ':i : ~ j ::i ; :1 ~ ,- " ::+~, ., .,) . "\..",..,., '" ~ , ,...,,- 1 ":'\L.')r'i4"-'.::l'DD. ~"--'.JQ, , '/ !~i' By ~.<~ . O"~ ~ DAl;.?f'-<ii1- :J: > ;o~ ;00 U5~ lllZ !iio ~~ m." Z;o Zo ~~ ,... <~(Il' l;.;;j , :;;m ~!!j j o '" ~ o ;0 ~ " ~ ~ e- !~ r I I S:R5co CO ..... ("J r:::! i;; S' ....; 0. . ~ OJi :T1 M Oui' 0- :::!. :J" '.'O'..;;'Ci5 ~ ,J;J 5- en (") b.-+ DDDeC. "'" 'ZZ:l:>z'.1 ~ c:oo~cn.,J Z -f (I,l m c: .11 5;~~~:;::::, ::;:;C:::::;;l~ -frii~c~ ~~==Z-f oa:II;J;J~> ' ~::;:;g:=-:g OO:;;,,-z::a "cncnCm E;>;::Ez~ em ~~ m ~ e -< :>: m ;0 :'-...1 \0 10 I,m ~....., :'0. i.o" ~' t:J ~o , 0. 10 \lr1, !..... '", i"" [D'"'" i "...D' i", i~; : UJ L ! i t. '11;~,' i 4~.~,r ~.. , ~;. : "- '''7 "- c') r ~ ~ I T"'1 I'~.; l' I~ ,"'!' i . :,~..' . i, ":', '~o ,',l!">:'';' ';',"'. 'j.',,",,., t_.,,' J., - " " . J,. . . CERTIFICATE OF SERVICE I, Arthur K. Dils, Esquire, hereby certify that a true and correct copy of the within Motion has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on th~ day of October 2002, addressed as follows: Terri E. Fisher 82 Linda Drive, Lot #3 Mechanicsburg, P A 17050 Thomas S. Diehl, Esquire P,O. Box 1290 Carlisle, P A 17013 Respectfully submitted, By(2i1#L Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, P A 171 02 (717) 232-9724 LD. No, 07056 Date: October 30, 2002 "., !"- - "',"- ',' , ,. _J"' e. ._ w ~ , ' ~''''1lI!iI 'W'~~ _=, , _, <, =r.'j,~y, ~ """""".lJ:mfll_"~",,,Li'O~ _.I nil ,," ;~f~~ -7 -'--1 "__"'"C ~~~; :;:;- ~~~ =t -< () C ,- .", " , , . CJ 1"~,-' ",.. ~ ",-- '" .J", w -'--~ ~.">.lIl!i!~flB!I_,,,~:-,.,,;.=~~!I\i1'iliI~W~;;!1W'K\l~'1'JWfjll';;;;'3';'~'~~<;I,,"ln~~iH~~"l!!~lIOOli!~]~. ~_'?.._: COpy TERRI E. FISHER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN LUTHER FISHER : NO. 2000-5387 CIVIL TERM : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 19TH day of AUGUST, 2002, a Rule is issued upon Plaintiff to Show Cause why Defendant should not be given leave to file a counterclaim in divorce under Section 330l(d) of the Divorce Code. Rule returnable twenty (20) days after service. Edward E. Guido, J. Thomas S. Diehl, Esquire Arthur K. Dils, Esquire :sld '....,. /~~ r '""'""""" " 11 . -- j""'-' lii!itWil..'l!lh;jl@iL~)\I}"f"Wfuj~~,H!~itAA,~ili_;J.,"~e.Jl,\'~lW.t,"""i.!"Ji!i@jlli('%:,If<;';'c-Sslt-i~~Ji>',''''-' ~iUiiUI~!Iliil~'-",,"'="-mM-.'-"--";.' ill: ~~"'-' " ",,'-' .' rlll- - j[ "''''"''~''~-'''...-' ~- -, ~ "r.; ,",-' ~[ .L:;}o!Ji:fiCE "nT'."~"!n-1 .IRY , ': "...,!',;.)' h 02liUG20 MejIO: 16 CUlvid::F.L'~i~lJ COUNTY PENNSYLVANIA CObA iii ^_ ^ __ _ __~~" ~ _~"~.o _,"",_.=_= "_'""",,",~~,,,<.,,,,,,.",~""-'''''-~'''';' ,," ~ -":'.' _:;''''''i""-'"',~';'_";,,, d";;;',_,o;,",'''K'''';;W,'i,_,;_i;',__;: ,.,',- ,-:i'''__f"t;h'\'i!-'::;.'j;'i1;!';Jl'(%.~~~:< M~~L, _::'l~'("~;'-~~1?Z~~1:: LAW OFFICES OF THOMAS S. DIEHL THOMAS S. DIEHL, ESQUIRE REPLY TO: CARLISLE OFFICE KIMBERLY L-. HOUGH LEGAL ASSISTANT ONE WEST HIGH STREET, SUITE 208 P.O. Box 1290 CARLISLE, PENNSYLVANIA 17013 (717) 240-0833 FAcsIMllE-(717) 240-0B93 .:. .:. .:. CHAMBERSB1IRG 14 NORTH MAIN STREET, SUITE 550 CHAMBERSBURG, PENNSYLVANIA 17201 (717) 261-0208 ATTORNEYDIEH L@MSN.COM FILE No. 00182 June 25, 2003 Robert Elicker Divorce Master 13 North Hanover Street Carlisle, PA 17013 RE: Terri E. Fisher v. John L. Fisher No. 2000-5387 In Divorce Dear Mr. Elicker: Please find enclosed an executed copy of the certification that discovery is complete on behalf of the Defendant, John L. Fisher, Very truly yours, ~ ~~ TSD/klh Enclosure cc: Jacqueline M. Vemey, Esquire (wi encl.) John L. Fisher (wi encl.) "-'_l-'N'l'!"'t!r.-ii~_~;__~~"H""I!>'-"~"_"""',"_ ,p' 1lI'Il,,"~"~!~~,'1'l'~~f"!!rl!' "_. " . ~ - ., .~."""~" ." "-'"~''''''''-'''''.~''"'''''''''''"--'''''~'''''''''''''''f~''''1''W',",,''--;''",,'- '"" ~ , , ... ~ IIU{101{~ TERRI ELIZABETH FISHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5387 CIVIL JOHN LUTHER FISHER, Defendant IN DIVORCE TO: Jacqueline M. Verney , Attorney for Plaintiff Thomas S. Diehl , Attorney for Defendant DATE: Friday, June 6, 2003 CERTIFICATION ~or I certify that discovery is complete as to the claims which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. JUN 0 9 2003 ::-~-,~, ~- - ,-~ (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. (,,- /9-03 DATE NOTE: PLAINTIFF ( ) COUNSEL FOR DEFENDANT (X) 'fhoV"'~& s. .u ie-h,( -\'or Jok", L, Fsl..-cr PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ~~-- ,""'" ,-. ~~. '>,,- lR IIOIU( 1C/ TERRI ELIZABETH FISHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5387 CIVIL JOHN LUTHER FISHER, Defendant IN DIVORCE TO: Jacqueline M. Verney Attorney for Plaintiff Thomas S. Diehl , Attorney for Defendant DATE: Friday, June 6, 2003 CERTIFICATION x I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. -... :"1'lI~;Il\l~" __~ (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. i- ?-b3 DATE ~AV~ EL FOR PLAINTIFF (CZt COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. , ,,,.-- TEFURIE,FISIIEft, Plaintiff IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-5387 CIVIL TERM JOHN LUTIIEft FISIlEft, Defendant CIVIL ACTION - LAW IN DIVOftCE ORDER OF COURT AND NOW, this day of September 2002, upon presentation and consideration of the within Petition to Withdraw as Counsel, it is hereby ORDERED that Arthur K. Dils, Esquire, may withdraw as counsel on behalf of the Plaintiff, Terri E. Fisher, in the above-captioned divorce action, BY THE COURT: 1. Distribution: Thomas S, Diehl, Esquire, P.O. Box 1290, Carlisle, PA 17013 Terri E. Fisher, 82 Linda Drive, Lot 1, Mechanicsburg, P A 17050 Arthur K. Di1s, Esquire, 1017 North Front Street, Harrisburg, PA 17102 ''M''''''''1''''''''-'''=--'' . - ~ .~ ~~ ~. -- '. TERRI E. FISHER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-5387 CIVIL TERM JOHN LUTHER FISHER, Defendant CIVIL ACTION - LAW IN DIVORCE RULE 1'0 SHOW CAUSE AND NOW, this ~ day of September 2002, upon presentation and consideration of the within Petition to Withdraw as Counsel, it is hereby ORDERED that a Rule is issued upon the Plaintiff and the Defendant to show cause why, if any, said Petition should not be granted. RULE returnable qo days after service. J. Distribution: Thomas S. Diehl, Esquire, P.O. Box 1290, Carlisle, PA 17013 ~ ~ 9./3-1:J L Terri E. Fisher, 82 Linda Drive, Lot I, Mechanicsburg, P A 17050 . 3-0), Arthur K. Di1s, Esquire, 1017 North Front Street, Harrisburg, PA 17102 -~ ~ q,l --;'1, r . ,-"-. _1>I1lU!~'- ~,~i!~w!'t;;;mt~_!!,j1fM!i~"~~~i@_"",,Mh.;g;;',~\':;M~,,%,;;..!C_,~"b:L\l},~d,f~"!$j~tllll ,,~ '"' ___~,..~ . ,~o ,_ '.- , ,"_",n. "" .",. '_IiIfM""=~'"' "'~- 1'- j"'!i;I~fif!i~'~;;t- i#J~fi: . '."-,j\~liliii!I!iIII';;' F!U:D"-{)(~FiCt: OF Tt-;-: :- '"y.,_~T: -!,,'-~\'_rrLlf~qy 02 SEP I 3 g~ no cu'---.... '.U'I'Y dldi::hu'",{\l,) j.}.) T'>l i PENi\!SYL'v';':\j\jIA " -~- .- ~~ ". " TERRI E. FISHER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA vs. NO. 2000-5387 CIVIL TERM JOHN LUTHER FISHER, Defendant CIVlL ACTION - LAW IN DIVORCE PETITION TO WITHDRAW AS COUNSEL AND NOW, thiJ day of September 2002, comes Arthur K. Dils, Esquire, the Attorney of record for the Plaintiff, Terri E. Fisher, and respectfully requests the following: 1. Your Petitioner is Arthur K. Dils, Esquire, the attorney of record for the Plaintiff, whose office is located at 1017 North Front Street, Harrisburg, Pennsylvania 17102. 2. Your Petitioner commenced an action in divorce on behalf of the Plaintiff, Terri E. Fisher, whose address is 82 Linda Drive, Lot 1, Mechanicsburg, Pennsylvania 17050, on or about August 2, 2000, in the Court of Common Pleas of Cumberland County, Docketed to the above term and number. 3. The Defendant, John Luther Fisher, is an adult individual who is currently represented by Attorney Thomas S. Diehl, whose office is ;."'~~ f ~--~ '0 located at 1 West High Street, Suite 208, P.O. Box 1290, Carlisle, Pennsylvania 17013. 4. On May 7, 2001, the Plaintiff, Terri E. Fisher, contacted your Petitioner by telephone and after a lengthy telephone conversation, the Plaintiff, Terri E. Fisher, requested your Petitioner to send her file to her. 5. On May 7, 2001, your Petitioner's file was forwarded to the Plaintiff, Terri E. Fisher, pursuant to her request. 6. Since said date, your Petitioner has not heard from the Plaintiff, Terri E. Fisher, nor has another attorney contacted your Petitioner on her behalf. 7. In addition, it is believed that there has not been another attorney enter his or her appearance on behalf of the Plaintiff, Terri E. Fisher, in the above-captioned divorce action. 8. On August 13, 2002, your Petitioner received a Petition to Amend Divorce Complaint filed by the Defendant's attorney on behalf of the Defendant and the same was forwarded to Terri E. Fisher on August 15, 2002, at the only address known by your Petitioner of 82 Linda Drive, Lot 1, Mechanicsburg, Pennsylvania 17050. .,. r _N_" -. I ,- 1i1\1!!I L. 9. An Order of Court dated August 19, 2002, was received by your Honorable Court on August 21, 2002, wherein the Plaintiff, Terri E. Fisher, was granted 20 days after service in which to file an Answer to her husband's Petition to Amend the Complaint and file a Counterclaim pursuant to Section 330l(d) of the Divorce Code. 10. On August 30, 2002, said Order of Court was forwarded to the Plaintiff, Terri E. Fisher. 11. Your Petitioner has advised the Plaintiff, Terri E. Fisher, by letters dated August 15,2002, and August 30,2002, that she should immediately seek counsel to represent her in her pending divorce action and to review the documents. 12. As of the filing of this Petition, your Petitioner has not heard from the Plaintiff, Terri E. Fisher, since May 7, 2001. 13. Your Petitioner, Arthur K. Dils, Esquire, is unable to continue representation pursuant to the Plaintiff's request to forward her file to her more than fourteen (14) months ago and further, without the cooperation of the Plaintiff, Terri E. Fisher, your Petitioner is unable to adequately represent and protect her. ,~ e^""r rrt. I 1'1 . 1 ~"-~-- '. WHEREFORE, your Petitioner, Arthur K. Dils, Esquire, respectfully prays your Honorable Court to permit him to withdraw as counsel on behalf of the Plaintiff, Terri E. Fisher. Respectfully submitted, ~ffi- BY: . . ..... j . Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 1r'1aW!1 ," -. I ~ ~- -------~".. . VERIFICA TION I verify that the statements made in this Petition to Withdraw as Counsel are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~ Arthur K. Dils, Esquire Date: September 3, 2002 --lWP f'~ . . " -, <,-" -, JmIJIl~ " CERTIFICATE OF SERVICE I, Arthur K. Dils, Esquire, hereby certify that a true and correct copy of the within Petition to Withdraw as Counsel has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on thS day of September 2002, addressed as follows: Thomas S. Diehl, Esquire P.O. Box 1290 Carlisle, P A 17013 Terri E. Fisher 82 Linda Drive, Lot 1 Mechanicsburg, P A 17050 Respectfully submitted, BY: Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, P A 17102 (717) 232-9724 I.D. No. 07056 Date: September 3, 2002 'C1Iflo'l , I, ,---'" . '<i>, Ill""" " ",' IIl'JljR~J:BP~~'!r""'- "_",=_ q flm' 1" .Hf1ll!llll'i!~>> ..J! o c:: ". t:.1il:; i,~ 2~~~' p -~ ~ -< <::> N U) r'q -0 , 'D o ." ::;:1 f'i'1;g -ch, 7'~~ crJ ~~1 cJ c--I :t'j -< :? ~) :" C) ~l!ij"~~~~r"'f'0,,!,,.~;p<"1rJftf;Jl"t:'iq";;S~~i"'~lo;;~"Th~~~i#'li!-<t'1;;;">-"lI-~iIl'.it,~\'lT:f' ~._ TERRI E. FISHER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. JOHN LUTHER FISHER : NO. 2000-5387 CIVIL TERM : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 19TH day of AUGUST, 2002, a Rule is issued upon Plaintiff to Show Cause why Defendant should not be given leave to file a counterclaim in divorce under Section 330l(d) of the Divorce Code. Rule returnable twenty (20) days after service. Edward E. Guido, 1. /Thomas S. Diehl, Esquire 7t~ i'-.20 -0 d. ~s /Arthur K. Dils, Esquire :sld ''A~ , ,,- ~"~ ,.,' ;;.;.---' _~;..~""""____~o._~.~ , ~~[J .,...... ,_ iiliiif-="-'Mr~"""'""I"'~;'-.-"li!lfj['- ,'~'"' .-':Ililaif"~-i-"='--" --". 'iu "",c. --, ',,~ ('~!_' .r>Oi+iCE ." '''",. 'rI'- \ClI{ ',_.:, ).~r~}lF,.n (I) .. II" ? 0 .1\,','110: I 6 ,",., '110,] ,_ CLJiV!bEF1LA~D COUNTY PENNSYLVANllJ, ~~lI.ililErlii:iiri'>~ '-"''':1 i I I iI I!Ii ," TERRI ELIZABETH FISHER, Plaintiff : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000 - 5387 CIVIL TERM JOHN LUTHER FISHER, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this day of , 2002, upon review and consideration of the attached Petition, IT IS HEREBY ORDERED that the Divorce Complaint filed on August 2, 2000, and docketed to No. 2000-5387 is hereby amended to include Section 330I(d) ofthe Divorce Code. BY THE COURT: J. cc: Thomas S. Diehl, Esquire Attorney for Defendant Arthur K. Dils, Esquire Attorney for Plaintiff .' TERRI ELIZABETH FISHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000 - 5387 CIVIL TERM JOHN LUTHER FISHER, Defendant : CIVIL ACTION - LAW : IN DIVORCE PETITION TO AMEND DIVORCE COMPLAINT The Defendant, John Luther Fisher, through his attorney, Thomas S. Diehl, petitions the Court as follows: I. On August 2, 2000, the Plaintiff, Terri Elizabeth Fisher, filed a Complaint in Divorce Under Section 330l(c) of the Divorce Code. 2. The Defendant desires to amend the Complaint to include Section 330l(d) of the Divorce Code. WHEREFORE, the Defendant respectfully requests your Honorable Court to amend the Divorce Complaint to include 23 P.S. 9 330l(d) of the Divorce Code. Respectfully submitted, AUG 1 2 2002 Date: Thomas S. DieW Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX '0' ~ ! ,. VERIFICATION 1 verifY that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. J ~ j; .I!~ J. L. Fisher, Plallltiff .., ,. CERTIFICATE OF SERVICE I hereby certifY this 12th day of August 2002, that a true and correct copy of the foregoing document was served on the following individual via first-class mail, postage prepaid: Arthur K. Dils, Esquire Attorney for Plaintiff Dils & Rupich 1017 North Front Street Harrisburg, PA 17102 BY~~~<' Ki rly L. Hough Legal Assistant "'''' -, i " . ~ ~ ~ffim '. o c: """ t!JJ 0.~~~ ~;S'~. ,-,,-... )'.'::-- ?:~) ~;;" ( ; _'""'(:t.,. ~ -< ~~.~ .~ " (J'"l - 1 C) i'-.) ,'" o -1'1 ::-;-J .o-{-j"2) ,- .(...., f1~l -~~ ~:l .'!~~.~' ,- ..'---. ~:;ji\i {;J en '"' -:i:5 -. r", 'or> :::i: ~ - .~ 7"_0 .' ,m~ ~ln'~lIIJ .. ~ ~"'.' Jt'1\~~"".-~""".."..m ." ~_e-l\i\!:!:~~~g "," ~RRI ELIZABETH FISHER '\ "",~ I) '2- ?--1S 1'1C I z!::! 0 Plaintiff yd~I' fl' r~l 17u eJ... VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 - 5387 CIVIL 19 JOHN LUTHER FISHER IN DIVORCE Defendant STATUS SHEET DATE: ACTIVITIES: ~ (f 0 J /16'~ Otf 'I (f "-(.. 'i ~ q~ \ , ~/ , ,- -""," -_' _.."_ _,_ _'"F _ E_ '"' - ;--1 t' - TERRI ELIZABETH FISHER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5387 CIVIL JOHN LUTHER FISHER, Defendant IN DIVORCE TO: Jacqueline M. Verney , Attorney for Plaintiff Thomas S. Diehl , Attorney for Defendant DATE: Friday, June 6, 2003 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ~ :-J.lJl1'I'~" -. < . . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ~1~ ',f'--.' ~~ TERRI ELIZABETH FISHER, Plaintiff AUG .~. 8 2003f. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2000-5387 CIVIL TERM JOHN LUTHER FISHER, Defendant : IN DIVORCE PRE-TRIAL STATEMENT OF PLAINTIFF. TERRI ELIZABETH FISHER AND NOW, comes the Plaintiff, Terri Elizabeth Fisher, by and through her attorney, Jacqueline M. Verney, Esquire, and files her Pre-Trial Statement, and in support thereof states as follows: I. BACKGROUND The parties were married on December 29,1975 in Harrisonville, Pennsylvania. The parties separated August 2, 2000 and have been living separate and apart since that time. On August 2, 2000, Wife filed a divorce complaint. Wife alleged irretrievable breakdown. Husband filed a Petition to Amend Divorce Complaint on August 12, 2002 to include section 330l(d) of the Divorce Code. Wife has raised the economic claims of equitable distribution, support/alimony pendente lite/alimony and counsel fees/expenses/costs. Wife is forty-seven (47) years old. Husband is sixty-seven (67) years old. Wife never worked during the marriage. By Order dated May 29,2003, Wife receives $766.00 monthly support and $84.00 monthly arrears payment, for a total of $850.00. ".00,.;,,,",,,,. q o~ ~ ".". 'Y'C''':' "'';'~' " II. PRESENT INFORMATION 1. ASSETS: A. Motor Vehicles: 1998 Chevy Blazer valued at $9,000.00 and 1995 Chevy pickup truck valued at $5,000.00. B. Bank Account: As of the date of separation, the parties maintained a checking account at Fulton Bank with a balance of $7,300.00. Shortly thereafter, with the consent of Husband, wife withdrew $3,700.00 for her support. There is a balance of$3,600.00 in the checking account representing marital assets. C. Retirement/pension: Husband worked as a school teacher for more than thirty (30) years and retired in 1998 receiving a lump sum payout of $50,000.00. In December, 1998, Husband withdrew $21,000.00 from his retirement account. Since that time, Husband has received $2,057.00 monthly in retirement. Even assuming that Wife benefited from the payouts of $71 ,000.00, she has not received any portion of the subsequent monthly amounts. Said payments amount to more than $115,000.00. Husband also receives monthly social security benefits of$1,057.00 D. Household property: Wife is satisfied with the current distribution of personal property, with Husband retaining the mobile home. Wife would like returned her sewing cart, patterns, material, craft items and storage bench. 2. EXPERTS: Wife reserves the right to call a retirement benefits expert. Wife reserves the right to supplement her expert witness list. 3. WITNESSES: Wife expects to call Husband and Wife. Wife reserves the right to supplement her list of \-,i.-i:',';:';,-1',~, -",_;."',,~;-i:,,-,:';ih~ _____, ._.,...,.~~,,___---- _~_~.~_u______ ~ _u____________ _____ _______________-------'----. - -------------__~_____________ ;~~~;:-~;;b~;1;;L;~;~;;;;f;~~i~;,:J:~;S;"~ii~~:;,0:1{;:j~ji,;;,~~';_;j0~~lj_;!.;-s,~~t.;jj.;h0jt~{~~~i~2cid\;;;~gfl~Ht&f.1i~~~;~;l.k~~,~~j;rJ~;~~~iJg~(g2:';iiiili~~gif/~~~i~~~~~~i~t?jii~iII1~i,1r,~~Sf~;is: -~:,;~;_~_,;}L:_~~i;_~:j~ !'1~,_",., witnesses. 4. EXHIBITS: Wife anticipates offering the exhibits attached hereto including her Income/Expense Statement. Wife reserves the right to supplement this list if necessary. 5. INCOME/EXPENSE INFORMATION: Wife works full time at the United Methodist Children's Home as a cook, earning a net monthly income of$1,199.38. Her Income/Expense Statement is attached as Exhibit A. 6. COUNSEL FEES/ALIMONY: Due to Wife's limited income, Husband is required to pay alimony for an indefinite period of time in an amount determined by the Master. Wife maintains that Husband is in a more favorable financial position to pay for counsel fees than she is. 7. ITEMS IN DISPUTE: Husband's pension, social security and any property nOJpreviously divided to Wife's satisfaction as indicated on the attached Inventory and Appraisement, Exhibit B. 8. MARITAL DEBT: There is a credit card debt in the amount of approximately $5,000.00. Wife's counsel, at considerable legal expense to Wife, compromised the claim to $2,479.13. Wife has been paying $25.00 montWy since June, 2003. See attached Inventory and Appraisement. 9. PROPOSED RESOLUTION: Wife proposes that Husband retain the mobile home. She demands 60% of Husband's current PSERS pension and 60% ofthe $187,000.00 that Husband previously received. She requests to be named irrevocable survivor beneficiary on the retirement account. She also demands alimony at an amount to be determined by the Master for an indefinite period of time. Respectfully submitted: ~~~~7 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Attorney for Plaintiff " ".~- c' , "';_""" _, _r --"1-. 1" .- '~ l' >~.., ~.,. '-'(j-"" ;j ~ +::-. ~ -.);:LClJO '-" tn. 0 ~nS.~ VJ '" ::r~' ~'"O::r:i'/ ::o>~~ 0""'" 0 . -.)<-< ~ (tl 01 ~ '" '" WCIJP @~ ~t:I'1~ en --- .g ~. '~lo/H14,..,.. ,. - ~ en '0 (I) o ~ q '" g. e. ;:I: (I) ,p.. >g.g (1)'0 o '" 2.. s. S' ~ 0<> S ::s & (I) S. R S. ~ ~ 0 ~. '< >+,.~ (I) ~ ..., ~ :=: (tl '" >c q . a-. '0 tI:I ~~ o g" ~ g. o.."rj o t;;' '" ::r '0 (I) o .'" '" cT ~'< ~ ~ 2..0.. ~~ (I) 0 ~.e ~1} '" ::r '0 (I) ~~ o !';. :3 g.~ (I) . ::t.~ S 0 (1)..0 .... e e:g. 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(/' '" 0 cr" i:l ~ ... ~ l'>- '" In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 MARCH 19, 2003 Fax: (717) 240-6248 Plaintiff Name: TERRI E. FISHER Defendant Name: JOHN L. FISHER. Docket Number: 00223 S 2003 PACSES Case Number: 107105314 Other State ID Number: Please note: AU correspondence must include the PACSES Case Nwnber. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appears on page two of this income and expense . statement. ) INCOME STATEMENT OF le"~"n t:. .. \.l ~l\ ~)C ". --'-- Section I: Income and Insurance INCOME: Employer ~~eA ~~;~~ \\()~ !{-C\ ~~~, Address ~_ )~~~ ~_(,4, _c! I.'t\~ ~ Type of Work 0__ Payroll No. Gross Pay per Pay Period $ Pay Period (wkly., bi':wkly.'-etc,) 't:\\ -, u.:;~~ Itemized Payroll Deductions: Federal Withholding , $~~ Social Security $4::l ,~61Local Wage Tax $ State Income Tax. $ \Cl-, \ 'l Retirement $ Savings Bonds $ Credit Union $ Life Insurance $ Health Insurance $ Other Deductions (specify) \'I\.e.6\ $C\,ClI $ $ $ Net Pay per Pay Period $ OTHER (Fill in Appronriate Column) INCOME I, WEEK I 'MONTH YEAR Interest ' ' $ $ $ Dividends Pension Annuitv SoCial Securitv Rents Royalties Exoense Account Gifts Unemnlovment Workmen's Comnensation Other Other TOTAL $ $ $ TOTAL INCOME $ PROPERTY Ownership * OWNED DESCRIPTION ' VALUE ' H W J , Checking Accounts $ Savings Accounts Credit Union Stocks/Bonds , Real Estate I\\\~\~ .\kt\\.~ Iv Other TOTAL 1$ . H=Husband; W=Wife; J=Joint Service Type M Form IN-008 Worker ID 21205 ~~- ,~",,- Income and Expense Statement PACSES Case Number 107105314 Coverage '" INSURANCE POLICY # H W C COMPANY Hosoital ~\U.C c.", 0 SS .,j Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other , , . H=Husband; W=Wife; C=Child Section n: SUI1Dlemental Income Statement ,.~ a. This form is to be filled out by a person o (1) who operates a business or practices a profession, or o (2) who is a member of a partnership-or joint venture, or o (3) who is a shareholder in and is salaried by a: closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return. and (2) the most recent Profit and Loss Statement c. Name of business: Address and telephone number: d. Nature of business (check one) D (I) partnership D (2) joint venture D (3) profession o (4) closed corpomtion o (5) other e. Name of accountant, controller or other I'erson in charge of fmancmi,records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay perj.od: (3) Net income per pay period: (4) Specified deductions, if any: Service Type M Page 2 00 Form IN-008 Worker ID 21205 :"~'-~~~ , ~, ~ ~ ., r Income and Expense Statement ." Section ill: Expenses PACSES Case Number 107105314 Instructions: Only show extraordinary expenses in this section unless you filled out Section IT on page two. The categories in BOLD FONT are especially important for caiculating child support. If you are requesting Spousal Support! APL or if you assert your case cannot be determined according to the guideline grids or fannula, this section must be fully completed, (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR orne MortgagefRent $ $ Maintenance Utilities Electric $ $. O.!!" $ Gas Oil '15.'2 Telephone Water Sewer Em 10 ment Public Transport. $ $ Lunch r C).- Taxes Real estate $ $ $ Personal Property InSurance Homeowner's $ $ $ Automobile '" <!8 Life Accident Health Other Automobile Payments $ $ $ Fuel t...D Repairs Medical Doctor $ $ $ Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, ortho die devices EXPENSES (Fill in Appropriate Column) (continued) WEEK MONTH YEAR Education Private Sclu;lol $ $ $ Parochial School College ' ", -,- Religions , , Personal Clothing $ $ $ Food 1,,,"0 CQ BarberI "air""mpr , , Credit Payments Credit Card Charge Memberships Loans Credit Union $ $. $. , Miscellaneous Household Help $. $ $. Child care Paperslbooks , Maaazines Entertainment Pay TV 'l"c . ct:> O. Vacation Gifts I, Legal fees , " Charitable, Other Child , Alimony Pa'lT1'nents Other $ $. $. I Total' ", ,WEEK MONTH YEAR , Expenses: $.' $. q ") ().'=' $. I verify that the. statement.s made in this Income and Exp~nse Statement are true and correcl. I understand that false statements herem are sub)ectto the crminal peuaIties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. 4(1'7/ {) 3<'\&)~ ~. ~~~).~ Date Plaintiff or Defendaut Service Type M k~1 I, Page 30f3 Form IN .008 Worker ill 21205 . I CERTIFICATE OF SERVICE 1, Jacqueline M. Verney, Esquire, hereby certifies that a true and correct copy of the foregoing pleading was served upon the following on the date indicated by the following means: Postage prepaid, US Mail: Thomas S. Diehl, Esquire P.O. Box 1290 Carlisle, PA 17013 Personal Service: E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, P A 17013 "I ;00 M. vcroot fuqb 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff Date: 8' ~{ (" -0.3 -,~",~ ._~, . . -^~ ~ --"~ TERRI ELIZABETH FISHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW JOHN LUTHER FISHER, Defendant : NO. 2000-5387 : IN DIVORCE CIVIL TERM PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant in the above-captioned matter. Respectfully submitted, Date: ~ - g-o<1 c;Afl Thomas S. Diehl, Esquire 1 West High Street P.O. Box 1290 Carlisle, P A 17013 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant in the above-captioned matter. Respectfully submitted, Date: )/16/0 '1 -""~ , , """""'" iH ~""._";..-,, , ~',I ..,' .' '." .." ,". .."',~-, , . . '.""__' "T'",_""l""'_" ~, . -""-', ," ,JIIJ .''''''c -""'_ "-"'III,'ji"il"I'I',,'I"fi' "''''.'--"'o.-",,~",,,~-. '_I.. .',11I nili' ._ 0 "'" 0 c:;> ~~: "'"" -n .<,. -I rt'! ::1: :t:--n ~g , I :Cj9 rTI-- ~J r- ,.. -Om t~~; ~O f'~ g~) c= -j -,~,- -r " , ... -o- n::!] --:;:~ '- - -.. ~~O ,.;.-. '~', t'''-)'r-n >>~ ::::( ---, ~-:; L::" :< i"''' ~~~ c.n , ,,~ ,< "IIII!., ",",,"" ,. '''.., TERRI ELIZABETH FISHER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. JOHN LUTHER FISHER : NO. 00 - 5387 : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Terri Elizabeth Fisher Jacqueline M. Verney , Plaintiff , Counsel for Plaintiff John Luther Fisher Bradley L. Griffie , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the. 15th day of June 2004 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, Date of Order and Notice: 4/1 ?/04 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, P A 17013 TELEPHONE (717) 249-3166 ',,,,111"_ , TERRI ELIZABETH FISHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOHN LUTHER FISHER, Defendant : NO. 2000-5387 CIVIL TERM : IN DIVORCE DOMESTIC RELATIONS ORDER AND NOW, this )5-r"'" day of -h ,2004, the attached Stipulation and Agreement is hereby made an Order of Court. 1. cc: Jacqueline M. Verney, Esquire, for Plaintiff - ~ ~ - '7 -/S.p <r Bradley L. Griffie, Esquire, for Defendant -~ ~ _c Q"\ r Cr" ("') j"- -' ~z ~~ .. (-, - :"'1 ~ uJ,-,1 ..,~) ??~- E~~ -:r.: 0, ~~ - ""::( c)r"'. ~.':J ~1?: Ln u; --/ wo- _J "':-~ ~uJ :=:> ;.\.1 cr::.. ,~-j n... F- -, .,:,- :2 u. c:::> ::::) 0 = 0 c--J iI!IJ<I!',~1'" " ill' ~ \-- u..J~2 ;:.:>2:, d-:r.: :~L.l:--- 00 o^- ~,o: ;7UJ -:r: \-. tL o . 0' ('') ;-C"T" , ~~ ~ ~: :-:::: :::;~- ;~~2 to ,-~, ~-, ~~ s:: ~'}~g _1 :;::) -'} -'" = = <:--J " ~.- ..'~ ,.,,_JL_;J ,..r, ~ '~frJ.. C) ."", ~l ~I!'- ... "."""'!."':""!.~,, ErtINi1F1"~"!l.'lf"'""'l'\~~"~~!l",ffl,~',mt'f.~~'~ll'~"~-~~~fii ""'n"" " ,- '_c~r ,.."."h~~' <~ -~,~-"';-,;'&.F '--""_:'~-':'''<5'-'~] . TERRI ELIZABETH FISHER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOHN LUTHER FISHER, Defendant : NO. 2000-5387 CIVIL TERM : IN DIVORCE STIPULATION AND AGREEMENT AND NOW, this l~dayofJ..lb..1 Y , 2004, the parties, Terri Elizabeth Fisher, Plaintiff and John Luther Fisher, Defendant, do hereby Stipulate and Agree as follows: 1. The Defendant, John Luther Fisher, hereinafter referred to as "Member" is a member of the Commonwealth of Pennsylvania, Public School Employees' Retirement System, hereinafter referred to as PSERS. 2. PSERS, as a creature of statute, is controlled by the Public School Employees' Retirement Code, 24 Pa. C. S. SS8l0l et seq. ("Retirement Code"). 3. Member's date of birth is December 17, 1935, and social security number is 168-26-3581. 4. The Plaintiff, hereinafter referred to as "Alternate Payee" is the former spouse of Member. Alternate Payee's date of birth is March 29,1956 and social security number is 162-48-1696. 5. Member's last known mailing address is: John Luther Fisher 82 Linda Drive Lot # 1 Mechanicsburg, Pennsylvania 17050. 6. Alternate Payee's last known address is: Terri Elizabeth Fisher '"'if4"!1""~ i; ,"~ ~I w_ , '"""-,,,..,,,,,,,,,,,,,,",, RR #2 Box 2295 Port Royal, P A 17082 It is the responsibility of the Alternate Payee to keep a current mailing address on file with PSERS at all times. 7. Alternate Payee's share of Member's retirement benefit shall be 50% of 89.87% the Member's retirement benefit. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by PSERS, including any lump sum withdrawals andlor any increases. Equitable distribution of the marital property component of Member's retirement, as set forth in Paragraph Seven (7) shall commence as soon as administratively feasible after Member's effective date of retirement or the approval by PSERS ofa Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member shall nominate Alternate Payee as an irrevocable beneficiary to the extent of the Alternate Payee's equitable distribution interest in Member's retirement benefit for nay death benefits payable by PSERS. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to PSERS, which will authorize PSERS to release to Alternate Payee all information concerning current Nomination of Beneficiaries form for death benefits. Alternate payee shall deliver the authorization to PSERS, allowing Alternate Payee to determine if Member has properly nominated Alternate Payee as a beneficiary as per the terms of this paragraph. 10. The term and amount of Member's retirement benefits payable to Altemate Payee under the terms of this Stipulation and Agreement after its entry as a , I;,' .' . Domestic Relations Order acceptable to PSERS are dependent upon which option is selected by Member upon retirement. Member and Alternate Payee expressly agree that: (a) Monthly Retirement Benefit. Member has already selected Option 1 and is currently receiving monthly benefits. II. If Alternate Payee dies prior to the receipt of all payments potentially payable to the Alternate Payee from PSERS under this Order, then any payment payable to the Alternate Payee by PSERS shall be paid to Alternate Payee's Estate to the extent of the Alternate Payee's equitable distribution portion of the Member's retirement benefit as set forth in Paragraphs Seven through Nine. 12. In no event shall the Alternate Payee or her Estate have greater benefits or rights than those which are available to the Member. The Alternate Payee or her Estate is not entitled to any benefit not otherwise provided by PSERS. The Alternate Payee or her Estate is only entitled to the specific benefits offered by PSERS as pro\'ided in this Order. All other rights, privileges, and options offered by PSERS not granted to the Alternate Payee or her Estate by this Order are preserved for the Member. 13. It is specifically intended and agreed by the parties hereto that this Stipulation and Agreement: (a) Does not require PSERS to provide any type of form or amount of benefit or option not otherwise provided under the Retirement Code; and (b) does not require PSERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost-of-living adjustments or on other than actuarial values. , '~<"'"'F"~'-;j. - . '^ . 14. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted, and entered as a Domestic Relations Order. 15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order based on this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate any existing Order. 16. Upon its entry as a Domestic Relations Order, a celiified copy of this Stipulation and Agreement, and any attachment documents shall be served upon PSERS immediately. The Domestic Relations Order shall take effect immediately upon its approval and the approval of any attendant documents by PSERS, and shall remain in effect until further Order of Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hand and se Dated: (.) I '1 J () L- Dated: t."jlS-)o4- ~ ~~ ~~9A Terri Elizabeth Fisher, PLAINTIFF/ ALTERNATE PAYEE Dated: t./r.,j /) 'f ttorney for Defendant/Member Dated: ~ 11)/01 L for Alternate Payee ,,~""_v_ - - , , 1 . ,n '" .~" ,-' <.. 1IJ,'!IIIII'fl . ~-,- 'cc_, "'('~: ,,',', -'"'-~___N"'_~":'t '.-r -lrl"'o>"'[ij~~;~';ici' 'IF:f';!J~t~~'-?'.; . 0 r--> ~~; = (', = ,-, ~ ""- -n ~'z.; (-- _.~-r r <:::: :::1: t~\ r- rilr~.} :g~ ... ,~. U'j ~C) ?: "". ;J~ :n ~' "'-,"~ 6;~ l -""- .....~" -. 0) ~ .;-~ -< .;;:- :-1) <..'1 -< ., . _=~..~~"Ij~~~~in""~"~'-""'l":'G_~'!:!"'f!";,"Wi'<hll~~~f?~~~~i~ill!i!jji1!~~'