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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
Shirley A. Morningstar, Plaintiff ""'
No.
No. 01- 3(,lfa.pvil Term
VERSUS
Donald E. Morningstar, Defendant
DECREE IN
DIVORCE
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Shirley A. Morningstar
, ~S ORDERED AND
.
.
AND NOW,
.
.
DECREED THAT
PLAINTIFF,
.
Donald E. Morningstar
, DEFENDANT,
AND
.
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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.
.
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; ~
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.
.
It is further Ordered and Decreed that the terms and conditions of the marriage
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settlement agreement filed October 8, 2002 are incorpora
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Of. '" '" '"
BY THE
ATTEST:
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PROTHONOTARY
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SHIRLEY A. MORNINGSTAR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 01 - 3642 Civil Term
DONALD E. MORNINGSTAR,
Defendant
: ACTION 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. Ground for divorce: irretrievable breakdown under &3301 (cl of the Divorce
Code.
2. Date and manner of the ser;vice of the Complaint: Delivered bv certified mail.
restricted delivery. return receipt reauested. delivered on: (;;; , (c./ _ Q /
3. Date of execution of the affidavit of consent required by 3301 (c) of the
Divorce Code:
By Plaintiff:
9. /0
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By Defendant:
4. Related claims pending: None.
5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: 9. ((, . 0 ~
Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: q. / <0. d ~
Date:
LO'/lf'o~
a e Adams, Esquire
I. . No. 79465
36 S. Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
Attorney for Plaintiff
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SHIRLEY A. MORNINGSTAR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: No. 0 1- 3VI:l-
Civil Term
DONALD E. MORNINGSTAR,
Defendant
: ACTION IN DIVORCE
NonCE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by the
Court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
Where the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available at the
Office of the Prothonotary, Cumberland County Courthouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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, Pa. 17013
(717) 249-3166
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SHIRLEY A. MORNINGSTAR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL V ANlA
vs.
: No. 01. 3<"V.:z.....
Civil Term
DONALD E. MORNINGSTAR,
Defendant
: ACTION IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Shirley A. Morningstar, a competent adult individual, who has resided in
Newburg, Cumberland County, Pennsylvania, since 1961.
2. Defendant is Donald E. Morningstar, a competent adult individual, who has resided in
Newburg, Cumberland County, Pennsylvania, since 1961.
3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at
least 6 months immediately previous to the filing of this Complaint.
4. Tbe Plaintiff and the Defendant were married on June 29, 1958 in Miffiin County,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Plaintiff has been advised that counseling is available and that plaintiff may have the
right to request that the court require the parties to participate in counseling.
7. Plaintiff and Defendant have two children together, both of which are over the age of
eighteen and are competent adult individuals.
8. Plaintiff and Defendant are both citizens of the United States of America.
9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States
of any of its allies.
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10. The Plaintiff avers that the grounds on which this action is based are:
(a) That the marriage is irretrievably broken; and/or
(b) That the Defendant has offered such indignities to the Plaintiff, the innocent
and injured spouse, as to render her condition intolerable and life burdensome.
WHEREFORE, Plaintiff requests the court to enter'a decree in divorce.
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn
falsification to authorities.
Date:C, /3-01
Respectfully submitted,
~J0
I.D. No. 79465
117 South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAmTITF
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SHIRLEY A. MORNINGSTAR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 01 - 3642 Civil Term
DONALD E. MORNINGSTAR,
Defendant
ACTION IN DIVORCE
AFFIDAVIT OF CONSENT
J 1, A complaint in divorce under section 3301 (c) of the Divorce Code was filed on
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2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of the 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 also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification
to authorities.
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WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER !i3301(cl OF THE DIVORCE CODE
1. I consent to 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. 94904 relating to unsworn falsification
to authorities.
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SHIRLEY A. MORNINGSTAR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 01 - 3642 Civil Term
DONALD E. MORNINGSTAR,
Defendant
ACTION IN DIVORCE
AFFIDAVIT OF CONSENT
~ 1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on
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2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed
from the date of the 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 also understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification
to authorities.
Date: 9~/(P-Od-.,
;
Donald E. Morningstar, Defendant
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~3301{cl OF THE DIVORCE CODE
1. I consent to entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of properly, 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 nerein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification
to authorities.
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Donald E. Morningstar, Defendant
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SHIRLEY A. MORNINGSTAR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 01 - 3642 Civil Term
DONALD E. MORNINGSTAR,
Defendant
: ACTION IN DIVORCE
AFFIDAVIT OF SERVICE OF
NOTICE TO DEFEND AND COMPLAINT.
AND NOW, this June 18,2001, I, Jane Adams, Esquire, hereby certify that
on June 14,2001, a true and correct copy of the NOTICE TO DEFEND AND COMPLAINT
were served, via certified mail, restricted delivery, return receipt requested, addressed to:
Donald E. Morningstar
P.O. Box 55
Newburg, Pa. 17240
DEFENDANT
Respectfully Submitted:
J e Adams, Esquire
I . No. 79465
117 South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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item 4 if Restricted Delivery is desired.
. Prinryour name and ,address on the reverse
so that we ,can return the card to you.
. Attach this card tc the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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PS Form 3811, July 1999 Domestic Return Receipt 102595-00.M-0952
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SHIRLEY A. MORNINGSTAR
V8.
NO. 01 - 3642
CIVIL
19
IN DIVORCE
DONALD E. MORNINGSTAR
Defendant
STATUS SHEET
DATE: ACTIVITIES:
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SHIRLEY A. MORNINGSTAR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 01 - 3642 CIVIL
DONALD E. MORNINGSTAR,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND THE PARTIES
TO: Jane Adams
Shirley A. Morningstar
Counsel for Plaintiff
Plain.tiff
Karl R. Hildabrand
Donald E. Morningstar
, Counsel for Defendant
Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 16th day of September 2002, at 9:30
a.m., with counsel and the parties to discuss the
outstanding economic issues to determine if there is a basis
of settlement of claims. If issues remain after the
conference, a hearing will be scheduled at another date.
Very truly yours,
Date of Notice:
August 23, 2002
E. Robert Elicker, II
Divorce Master
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SHIRLEY A. MORNINGSTAR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
. ~
l( /1 O/~~ t-
vs.
No. 01 - 3642 Civil Term
DONALD E. MORNINGSTAR,
Defendant
ACTION IN DIVORCE
PRE-TRIAL STATEMENT PURSUANT TO RULE 1920.33
I. HISTORY
Shirley and Donald Morningstar were married on June 29, 1958. They had two
children, both of which are now grown. Shirley Morningstar was a school teacher and
Donald Morningstar was a professor at Shippensburg. Both are now retired. Shirley
Morningstar has ongoing health concerns, due to high cholesterol and cancer.
A complaint in divorce was filed on June 13, 2001 raising grounds for divorce of
irretrievable breakdown of the marriage and the alternative grounds for divorce of
indignities. On July 11, 2001, Shirley Morningstar was physcially forced to leave the
marital home. She moved to an apartment, and she does not wish to have her
addressed disclosed to the Defendant. Defendant, Donald Morningstar remained in the
marital home. There is currently no mortgage on the marital home. On September 20,
2001, the Plaintiff filed a petition raising economic claims of equitable distribution,
alimony, alimony pendente lite, and counsel fees and expenses. Counsel have
attempted to settle this matter with no success.
II. LIST OF MARITAL ASSETS - REAL ESTATE
Description Value Date of Val. Ownership Mar. Portion. Lien Amt.
Marital home at 218 $185,000 2002 Joint 100% None. Est.
Three Square Hollow Rental value
Road $1000/mo.
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m. ACCOUNTS AND INTANGIBLE PERSONAL PROPERTY.
Description Value Date Ownership Mar. Portion. Lien Amt.
of
Val.
Prudential Life Insurance $1940.18 10/27/ Wife 100% none
99
Prudential Life Insurance $3437.86 10/27/ Husband 100% none
99
Veterans' Life Insurance $1,202.92 11/27/ Husband 100% none
00
Lord, Abbett & Co. Money $1,799.00 6/30/1 Joint 100% none
Market Acc!.
Dreyfus Premier 3rd century $31,512.74 6/29/1 Joint 100% . none
Dreyfus Municipal Bond Fund $37,911.99 6/29/1 Joint 100% none
AIM Global Health Care Fund $23,775.31 6/29/1 Joint 100% none
John Hancock Funds $12,520.89 6/29/1 Joint 100% none
Vanguard Group - long term $87,478.57 6/30/1 Joint 100% none
tax exempt
Vanguard Group - Windsor $110,755.52 6/30/1 Joint 100% none
Fund
Janus Retirement Acct $81,993.27 7/9/1 Wife 100% none
now
$69,817,80
Allfirst Retirement Acct $97,144.88 7/9/1 Wife 100% none
. now
$102,009.99
Lincoln Financial Annuity $111,600.53 6/29/1 Wife 100% none
now
$116,343.22
MBNA Money Market Acct $52,838.95 7/19/1 Wife 100% none
Dreyfus Growth Opp Fund $79,529.19 12/31/ Husband 100% none
99
Vanguard STAR Fund $270,058.30 6/30/1 Husband 100% none
Vanguard Long Term tax- $35,900.07 6/30/1 Husband 100% none
exempt
PSECU Savings Acct $12,674.46 5/31/0 Joint 100% none
0
PSECU checking Acct $3165.94 5/31/0 Joint 100% none
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PSECU - CD Joint 100% none
Ailfirst checking account $2761.85 4/7/1 Joint 100% none
Orrstown Bank Carriage Club $2,214.96 6/18/1 Wife 100% none
Orrstown Bank Statement $0 611 Wife 100% none
savings
Husband's EES Retirement unknown Husband 100% none
Wife's School Retirement $1,485.05 5/14/2 Wife 100% none
IV. TANGIBLE PERSONAL PROPERTY.
Description Value Date of Val. Ownership Mar. Portion. Lien Amt.
1996 Ford pickup $16,000.00 Husband 100% unknown
1996 Ford Taurus $10,000.00 Wife 100% unknown
Sedan
Gold and silver coins $5,000.00 Joint 100% none
Guns, fishing tackle, unknown Joint 100% none
tools
Boat, Motor, Trailer $9,000.00 Joint 100% none
Household $19,500.00 2002 none
furnishings in marital
home.
Household $3,500.00 2001 Joint none
furnishings taken with
Shirley Morningstar
Precious Gems $1009.23 2001 Joint none
Player Piano $800 2001 Joint none
Grandfather Clock $1000.00 2001 Gift; wife 0% none
only.
Jewelry of Shirley $100.00 7/9/01 Joint 100% none
Morningstar
Dishes, silver set, unknown Gift to Wife 0% none
silverware, china from Sister
Crystal in unknown Gift to Wife 0% none
Grandfather Clock from
Donald's
mother
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Table and Kachina unknown Gift to Wife 0% none
Doll from Sister
Rag Rugs unknown Inherited 0% none
from
Mother.
V. TRANSFERRED PROPERTY.
Description Value Date of Val. Ownership Mar. Portion. Lien Amt.
Maverick RV $23,375 sold 6/2001 Joint- 100% none.
proceeds
received by
Wife.
VI. EMPLOYMENT AND INCOME.
Both husband and wife are retired. In November 2001, a stipulation was
entered regarding Alimony Pendente Lite. Wife received $761.00 a month in social
security benefits and $1372.03 a month from her retirement. Her total income was
$2133.03. Husband received $1072.00 per month social security and $2695.67 from
his retirement. A stipulation for Alimony Pendente Lite was entered under which
Husband pays Wife $653.00 a month. Therefore, Shirley and Donald Morningstar's
incomes are $2786.03 and $3114.67 respectively.
The parties also have income from their investments. It was represented to
Plaintiff that these funds are being reinvested in their accounts.
VII. WITNESSES.
1. Frank Potteiger, Auctioneer, Appraiser.
2. Audrey Havice, Sister of Shirley Morningstar.
3. Shirley Morningstar.
Plaintiff reserves the right to supplement this list before hearing.
VIII. EVIDENCE AND EXHIBITS.
1. The parties' tax returns.
2. Statements of all accounts.
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1. The parties' tax returns.
2. Statements of all accounts.
3. Order regarding Alimony Pendente Lite (Please see Exhibit A).
4. List of personal items from Auctioneer and appraisal.
5. Plaintiff's income and expense statement. (Please see Exhibit B).
6. Plaintiff's inventory. (Please see Exhibit C).
Plaintiff reserves the right to supplement this list before hearing.
IX. PROPOSED RESOLUTION.
Plaintiff, Shirley Morningstar, has a lower income capacity than Donald
Morningstar due to the type of job that she worked and the fact that she stayed home
with her children. She is currently living in an apartment and left behind the bulk of the
couple's personal possessions after she was physically forced to move from the marital
home. She also has ongoing health concerns which include high cholesterol and
cancer. Therefore, she is requesting that the alimony granted continue indefinitely.
She is requesting 60% of the marital assets. As part of the settlement, she requests
reimbursement for the rental value of the marital home, since Defendant has been living
in the marital home rent free and she has been forced to make monthly rental
payments to maintain her apartment.
Dare '/7/6~
J ne Adams, quire
I. . No. 79465
S. Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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PACSES In 127103883
SHIRLEY A. MORNINGSTAR,
Plaintiff/Petitioner
VS.
:IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: DOMESTIC RELATIONS SECTION
: CIVIL ACTION - LAW
DONALD E. MORNINGSTAR,
Defendant/Responde~t
: NO. 2001-3642 CIVIL TERM
'1; I ORtiER OF COURT
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AND NOW, this 19th day ofNoyelnb~~, 2001, based upon the Court's determination that Petitioner's
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monthly net income/earning cap,ad~ty'~~,\$N/Nand Respondent's monthly net income/earning capacity
is $N/A, it is hereby Ordered that~he'~~sponuent pay to the Pennsylvania State Collection and
Disbursement Unit, $739.67 pet njon~~!!payable montly as follows; $653.00 for alimony pendente lite
and $86.67 on arrears. First paY;,ment.'.due on b, r before the 5th day of each month. Arrears set at
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$1,306.00 as of November 19, 20ql. The effective date of the order is September 20,2001.
This Order is based upon an agree1illentiof the parties through their counsel.
Failure to make each payment on time '4nd in full will cause all arrears to become subject to
immediate collection by all ofthe f1e~s as provided by 23 Pa.C.S.g 3703. Further, if the Court
finds, after hearing, that the Respol1deJilt has willfully failed to comply with this Order, it may declare
the Respondent in civil contempt df C<iJ\rrt and its discretion make an appropriate Order, including,
but not limited to, commitment ofthe -Riespondent to prison for a period not to exceed six months.
Said money to be turned over by the P~ SCDU to: Shirley A. Morningstar. Payments must be made
by check or money order. All cheGks #d money orders must be made payable to P A SCDU and
mailed to: .
PA SCDU
P.O. Box 69110
Harrisburg, P A 17106-9110
Payments must include the defendant's PACSES Member Number or Social Security Number in
order to be processed. Do not send cash by mail.
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This Order shall become final ten days after the mailing of the notice of the entry of the Order to the
parties unless either par1y files a written demand with the Prothonotary for a hearing de novo before
the Court.
DRO: R. 1. Shadday
Mailed copies on
11-20-01 to: <
Petitioner
Respondent
Karl Hildabrand, Esquire
Jane Adams, Esquire
BY THE COURT,
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Edgar B. Bayley
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It-0/12-01
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SHIRLEY A. MORNINGSTAR,
Plaintiff
vs.
DONALD E. MORNINGSTAR,
Defendant
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 01 - 3642 Civil Term
: ACTION IN DIVORCE
INCOl\'l;EAND EXPENSE STATEMENT
OiiSllI1UiEY A. MORNINGSTAR
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I verify that the stat~ment~ made in this Income and Expense Statement are true and
correct. I understand thatfalse stlltements herein are made subject to the penalties of18 Pa.C.S.
s4904 relating to unsworn falsifica#on to authorities.
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INCOME
Employer: Retired
Address: Confidential
Type of Work: Schoolteacher
Payroll No.:
Pay period:
Itemized payroll deductions:
Federal withholding:
Social security: $761.00 net each month.
Local wage tax:
State Income Tax:
Retirement: $1372.03 net each month.
Savings bonds:
Credit Union:
Life insurance:
Health insurance:
Other:
Net pay per period:
Other income: None.
Interest:
Dividends:
Pension:
Annuity:
Social security:
Rents:
Royalties:
Expense Account:
Gifts:
Unemployment Compensation:
Workmen's Compensation:
Unknown, plaintiff does not receive interest payments.
Unknown, plaintiff does not receive dividend payments.
Real Estate:
Personal property:
Income:
Personal:
Insurance
Homeowners
Automobile:
Life: paid in full.
Accident
Health: paid by Shippenburg University.
Other (Renter's) $750.00/year.
Automobile
Payments:
Fuel:
Repairs:
Medical
Doctor:
Dentist:
Orthodontist:
Hospital: covered by insurance.
Medicine: $1,533/year.
Special needs: Chiropractor: $1,200.00/year
Optometrist: $225
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EXPENSES
Home:
Mortgage/rent:
Maintenance:
Utilities
Electric:
Gas: n/a
Oil:
Telephone:
Water:
Sewer and Garbage:
Employment
Public transportation
Lunch
Taxes
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$7,800.00/year.
$900.00/year.
$I,500/year.
$1 ,440/year.
$I,020/year.
$360/year.
$270/year.
$20.00/year.
$495/year.
$4,854.00/year.
$390.00/year.
$225/year.
$420/year.
Education
Private school
Parochial school
College
Religious
Piano and Voice lessons: $2,340/year.
Personal
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Clothing: $2, I OO/year.
Food: $5,500/year.
Barberlhairdresser: $2,340/year.
Credit card payments
Credit card: $8,262.00/year.
Charge account
Memberships
Loans
Credit union
Other
Miscellaneous
Household help:
Vetemary care:
Child care
Papers/lJooks/magazines:
Entertainment:
Pay TV:
Vacation:
Gifts:
Legal fees:
Charitable contributions:
Other child support
Alimony/support payments
Cat Cwe (when away):
AccoUlitant:
Alarm system:
$1,300/year.
$280.00/year.
$425.00/year.
$800/year.
$230/year.
$2700/year.
$I,OOO/year.
$3,000/year.
$1,700/year.
$378.00/year
$600.00/year.
$144.00/year.
PROPERTY
Checking accounts: $108.00
Savings accounts: $0.00 (depleted upon expulsion from marital home.)
Credit union: none.
Stocks/lJonds: defendant in possession of this information.
Real estate
Other
INSURANCE
Hospital
Blue Cross
Other
Medical
Blue Shield
Other
Health! Accident
Disability Income
DentallOther
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CERTIFICATE OF SERVICE
I, Jane Adams, Esquire, hereby certify that a true and correct copy of the within
Income and Expense Statement has been served upon the following individual, by:
United States Mail, first class, postage prepaid, in Carlisle, Pennsylvania on the
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,2002.
Karl Hildabrand, Esquire
3211 N. Front Street, P.O. Box 5300
Harrisburg, Pa. 17110-0300
Date: 4- ll-o~ By:
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SHIRLEY A. MORNINGSTAR,
Plaintiff
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IN THE COURT OF COMMONP[EJ($h> .' --
CUMBERLAND COUNTY, PENNSYLVANIA. .
vs. No. 01 - 3642 Civil Term
DONALD E. MORNINGSTAR, : ACTION IN DIVORCE
Defendant
INVENTORY OF SHIRLEY A. MORNINGSTAR
Plaintiff, Shirley Morningstar, files the following inventory of all property owned or .
possessed by either p~rty at the time this action was commenced and all property
transferred within the preceding three years.
'.
Plaintiff, Shirley Morningstar, verifies that the statements made in this Inventory
are true and correct. Plaintiff understands that false statements herein- are made.:
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subject to the penalties of 18 Pa.C.S. s4904 relating to unsworn falsifj~ati6n 10" .
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ASSETS OF THE PARTIES.
Plaintiff marks on the list below those items applicable to the case at bar and
itemizes on the following pages.
(X) 1. Real property.
(X) 2. Motor vehicles.
(X) 3. Stocks, bonds, securities and options.
(X) 4. Certificates of deposit.
(X) 5. Checking accounts, cash
(X) 6. Savings accounts, money market and savings certificates.
( ) 7. Contents of safe deposit boxes.
( ) 8. Trusts
(X) 9. Life insurance policies (indicate face value, cash surrender value, and
current beneficiaries.)
(X) 10. Annuities.
(X) 11. Gifts.
(X) 12. Inheritances.
( ) 13. Patents, copyrights, inventions, royalties.
(X) 14. Personal property outside the home.
( ) 15. Business (list all owners, including percentage of ownership, and
officer/director positions held by a party with company)
( ) 16. Employment termination benefits - severance pay, worker's
compensation claim/award.
( ) 17. Profit sharing plans.
( ) 18. Pension plans (indicate employee contribution and date plan vests)
(X) 19. Retirement plans, Individual Retirement accounts.
( ) 20. Disability payments.
( ) 21. Litigation claims (matured and unmatured)
( ) 22. MilitaryNA Benefits.
( ) 23. Education benefits.
( ) 24. Debts due, including mortgages held. . .
(X) 25. Household furnishings, and personalty (include as a total category and
attach itemized list if distribution of such assets is in dispute).'
( ) 26. Other
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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.
I. REAL ESTATE
Description
Marital home at 218 Three Square Hollow Road
Ownership
Joint
II. VEHICLES
Description Ownership
1996 Ford pickup Husband
1996 Ford Taurus Sedan Wife
Boat, Motor, Trailer, and Utility Trailer Joint
III. ACCOUNTS AND INTANGIBLE PE~SONAl PROPERTY
Description Ownership
Prudential Life Insurance Wife
Prudential Life Insurance Husband
Veterans' Life Insurance Husband
Lord, Abbett & Co. Money Market Ace!. Joint
Dreyfus Premiere Third Century Fund Joint
Dreyfus Municipal Bond Fund Joint
AIM Global Health Care Fund Joint
John Hancock Funds - Tech Joint
Vanguard Group - long term tax exempt Joint
Vanguard Group - Windsor Fund Joint
Janus Retirement Acct Wife .
Allfirst Retirement Acct Wife
Lincoln Financial Annuity Wife .
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MBNA Money Market Acct Wife
Dreyfus Growth Opp Fund Husband
Vanguard STAR Fund Husband
Vanguard Long Term tax-exempt Husband
PSECU Savings Acct Joint
PSECU checking Acct Joint
PSECU - CD Joint
Allfirst checking account Husband
Orrstown Bank Carriage Club Wife
Husband's EES Retirement Husband
Wife's School Retirement Wife
IV. TANGIBLE PERSONAL PROPERTY
Description Ownership
Household furnishings Joint
Precious Gems Joint
Player Piano Joint
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NON-MARITAL PROPERTY
Plaintiff lists all property in which a spouse has a legal or equitable interest which
is claimed to be excluded from marital property.
Description Ownership
Dishes, silver set, silverware, china Gift from Sister
Grandfather Clock Gift from Donald's Mother
Crystal in Grandfather Clock Gift from Donald's Mother
Table and Kachina Doll Gift from Sister
Rag Rugs Inherited from Mother.
PROPERTY TRANSFERRED
Description Value Date of Val. Ownership
Maverick RV $23,375 sold 6/2001 Joint
Item/Number
debtors
NONE.
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LIABILITIES
Description of Property Names of all creditors
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Names of all
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CERTIFICATE OF SERVICE
I, Jane Adams, Esquire, hereby certify that a true and correct copy of the within
Inventory has been served upon the following individual, by United States Mail, first .
11.1J-
class, postage prepaid, in Carlisle, Pennsylvania on the day'of
Afr-'l L
,2002.
Karl Hildabrand, Esquire
3211 N. Front Street, P.O. Box 5300
Harrisburg, Pa. 17110-0300
Date: 4-1 {-O~
By:
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CERTIFICATE OF SERVICE
AND NOW, this June 7,2002 I, Jane Adams, Attorney for Plaintiff, Shirley
Morningstar, hereby certify that a copy of Plaintiff's PRE-TRIAL MEMORANDUM has
been duly served upon the following party, by placing such in the custody of the United
States Postal Service, via certified mail, postage pre-paid addressed to:
Karl Hildabrand, Esquire
3211 N. Front Street, P.O. Box 5300
Harrisburg, Pa. 17110-0300
ATTORNEY FOR DEFENDANT
DONALD MORNINGSTAR
Jane dams, Esquire
I.D. o. 79465
outh Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
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SHIRLEY A. MORNINGSTAR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 01 - 3642 CIVIL
DONALD E. MORNINGSTAR,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Jane Adams
, Attorney for Plaintiff
Karl R. Hildabrand
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 23rd of August, 2002, at 9:30
a.m., at which time we will review the pre-trial statements
previously filed by counsel, define issues, identify
witnesses, explore the possibility of settlement and, if
necessary, schedule a hearing.
Very truly yours,
Date of Notice: 6/10/02
E. Robert Elicker, II
Divorce Master
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SIllRLEY A. MORNINGSTAR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 01-3642
CIVIL TERM
DONALD E. MORNINGSTAR,
Defendant
ACTION IN DIVORCE
ENTRY OF APPEARANCE
To the Prothonotary:
Kindly enter my appearance on behalf of Defendant, Donald E. Morningstar, in the above
referenced matter.
METZGER, WICKERSHAM, KNAUSS & ERE, P.C.
By JW~~c-r-
Karl R. Hildabrand, Esquire
Attorney J.D. No. 30102
P.O. Box 5300
3211 North Front Street
Harrisburg, P A 1711 0-0300
(717) 238-8187
Attorneys for Defendant
Dated:
&'/27/01
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Document #: 209686.1
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CERTIFICATE OF SERVICE
I, Karl R. Hildabrand, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb,
P. C., hereby certify that I served a true and exact copy of the Entry of Appearance with reference
to the foregoing action by First Class Mail, postage prepaid, this c? 7 day of June, 2001, on the
following:
Jane Adams, Esquire
117 South Hanover Street
Carlisle, P A 17013
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
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ad R. Hildabrand, Esquire
Document #: 209686.1
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
Ub OI-34>~;;. {l/Ne.
State Commonwealth of Pennsvlvania f>>c%> / d 7/0.3 ff3
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 11/19/01 M 3/D 7ft7
Court/Case Number (See Addendum for case summary)
@Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
) RE: MONINGSTAR, DONALD E.
) Employee/Obligor's Name (Last, First, Ml)
)
)
)
)
)
)
)
163-24-9515
Employee/Obligor's Social Security Number
7801100864
Employee/Obligor's Case Identifier
(See Addendum for pJaintiH names assodated with cases on attachment)
Custodial Parent's Name (Last, First, Ml)
EmployerlWithholder's Federal EIN Number
STATE EMPLOYEES RETIREMENT SYS
EmployerlWithholder's Name
PO BOX 1147
Employer!Withholder's Address
HARRISBURG PA 17108-1147
See Addendum for dependent names and birth dates assodated with cases on attachment.
ORDER INFORMA TION: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 653.00 per month in current support
$ 86.67 per month in past-due support Arrears 12 weeks or greater? o yes @ no
$ 0.00 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 739.67 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 170.69 per weekly pay period.
$ 341.39 per biweekly pay period (every two weeks).
$ 369.84 per semimonthly pay period (twice a month).
$ 739.67 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
BY THE COURT:
Date of Order: NOV 2 0 zoot.
JV;xoe
m EN-028
W rker ID $IATT
Service Type M
OMB No.: 0970-0154
Expiration Date: 12131!OO
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
" 0 If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3. >I: Re:t-'oltil,g tit'=' PaydatelDatc of\Nitl,l,oldillg. Y vu hlust lepo,t tile paydabddatf. of n;U,I,oldil'5 nllell Se:II.::Iillg tile.. paYlllellt. TIle
paydcih:/Jate of nitl,lloldil.g i" tile: dati. 611 nllidl allloullt vvas vvitl,l,e:ld flOlll tile e:lllployi.{,'3 nages. You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 3475100068
EMPLOYEE'S/OBLlGOR'S NAME: MONINGSTAR, DONALD E.
EMPLOYEE'S CASE IDENTIFIER: 7801100864 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.c. 91673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
10.
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (71 71 240-6248 or
by Internet @
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
Expiration Date: 12/31/00
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: MONINGSTAR, DONALD E.
127103883 /O/07~ PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
SHIRLEY A. MORNINGSTAR
Docket Attachment Amount
01=:3642 CIVIL$ 739.67
Child(ren)'s Name(s):
DOB
bl~~~;~~;d;;~~~;~;~~~i';~~';~~~;~il:~~~~:ldi:~~;i"
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s);
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
.'Elli~~;~~;~:~~~;;:;:~'~i;~~;~~~;~il;~;~~:I:;;:~;?
identified above in any health insurance coverage availabie
through the employee's/obligor's employment.
Service Type M
Docket
Attachment Amount
$ 0.00
Child(ren)'s Name(s);
DOB
bl;:~~~~~~~,;~~:;:;~~~i;~~;~:~;~il;~:~~:I~i;:~;"./."'ii .....
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s);
DOB
o If checked, you are required to emollthe child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s);
DOB
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
Form EN-028
Worker ID $IATT
OMB No.: 097Q.01S4
Expiration Date: 12131/00
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DR 31076
PACSES ID 127103883
SHIRLEY A. MORNINGSTAR,
Plaintiff/Petitioner
vs.
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DOMESTIC RELATIONS SECTION
CIVIL ACTION - LAW
DONALD E. MORNINGSTAR,
Defendant/Respondent
: NO. 2001-3642 CIVIL TERM
ORDER OF COURT
AND NOW, this 19th day of November, 2001, based upon the Court's determination that Petitioner's
monthly net income/earning capacity is $N/A aod Respondent's monthly net income/earning capacity
is $N/ A, it is hereby Ordered that the Respondent pay to the Pennsylvaoia State Collection aod
Disbursement Unit, $739.67 per month payable montly as follows; $653.00 for alimony pendente lite
aod $86.67 on arrears. First payment due on or before the 5th day of each month. Arrears set at
$1,306.00 as of November 19,2001. The efftlctive date of the order is September 20,2001.
This Order is based upon ao agreement of the parties through their counsel.
Failure to make each payment on time aod in full will cause all arrears to become subject to
immediate collection by all ofthe meaos as provided by 23 Pa.C.S.s 3703. Further, if the Court
finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare
the Respondent in civil contempt of Court aod its discretion make ao appropriate Order, including,
but not limited to, commitment of the Respondent to prison for a period not to exceed six months.
Said money to be turned over by the P A SCDU to: Shirley A. Morningstar. Payments must be made
by check or money order. All checks aod money orders must be made payable to P A SCDU aod
mailed to:
PA SCDU
P.O. Box 69110
Harrisburg, P A 17106-911 0
Payments must include the defendaot's P ACSES Member Number or Social Security Number in
order to be processed. Do not send cash by mail.
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This Order shall become final ten days after the mailing ofthe notice of the entry of the Order to the
parties unless either party files a written demand with the Prothonotary for a hearing de novo before
the Court.
DRO: R. 1. Shadday
Mailed C(Ipies on
11-20-01 to: <
BY THE COURT,
Petitioner
Respondent
Karl Hildahrand, Esquire
Jane Adams, Esquire
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Edgar B. Bayley
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ATTORNEY AT LAw
36 South Pitt Street
Carlisle, Pa. 17013
Phone:(717) 245-8508 Fax:(717) 245-8538
www.adamslaw.net
June 7, 2002
Robert Elicker, II, Esquire
Divorce Master
9 N. Hanover St.
Carlisle, Pa. 17013
Re: Morningstar v. Morningstar
No. 2001 - 3642 Civil Term (Cumberland County)
Dear Mr. Elicker:
Enclosed please find my Pre-trial statement pursuant to Rule 1920.33.
Thank you for your kind cooperation regarding the above. Please contact me if you have
any questions regarding this matter.
/JA
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cc: Shirley Morningstar
Karl Hildabrand, Esquire
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SHIRLEY A. MORNINGSTAR,
Plaintifti'Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - DIVORCE
DONALD E. MORNINGSTAR,
Defendant/Respondent
NO. 2001-3642 CIVIL TERM
IN DIVORCE
DR# 31076
Pacses# 127103883
ORDER OF COURT
AND NOW, this 17th day of October, 2001, upon consideration of the attached Petition for
Alimony Pendente Lite andJor counsel fees, it is hereby directed that the parties and their respective counsel
appear before R.J. Shaddav on November 8. 2001 at 9:00A.M. for a conference, at 13 N. Hanover St.,
Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony
Pendente Lite be entered.
YOU are further ordered to bring to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
191O.111[;)
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail copies on
10-17-01 to:
Petitioner
< Respondent
Jane Adams, Esquire
Karl Hildabrand, Esquire
7}
R.
Date of Order: October 17,2001
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIA nON
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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SHIRLEY A. MORNINGSTAR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 01 - 3642 Civil Term
DONALD E. MORNINGSTAR,
Defendant
: ACTION IN DIVORCE
PLAINTIFF'S PETITION FOR RELIEF
AND NOW COMES, Plaintiff, Shirley A. Morningstar, by and through her Attorney,
Jane Adams, Esquire, and respectfully represents that:
COUNT I - EOUlTABLE DISTRIBUTION OF PROPERTY
1. During the course of the marriage, the parties have acquired numerous items of
property, both real and personal, which are held in joint names and in the individual names of
each of the parties hereto.
2. Defendant is currently living in the marital home and physically compelled Plaintiff to
leave the marital home on July 10, 2001.
3. There is no mortgage on the marital home and the Defendant is currently living in the
home rent free; Plaintiff is currently paying rent and is living in an apartment.
4. Plaintiff and Defendant have been unable to agree as to an equitable division of said
property.
5. Plaintiff is seeking an equitable division of said property.
6. Plaintiff is seeking fair rental value from the marital home as part of her equitable
distribution claim.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the
Defendant, to equitably divide the property, both real and personal, owned by the parties hereto
as marital property.
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COUNT II - ALIMONY
7. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance
with the standard of living of the parties established during the marriage.
8. Plaintiff is unable to support herself in accordance with the standard of living of the
parties established during the marriage through appropriate employment.
9. The Defendant is receiving retirement benefits and enjoys a substantial income from
which he is able to contribute to the support and maintenance of Plaintiff to pay her alimony in
accordance with the Divorce Code of Pennsylvania.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff
from Defendant pennanent alimony in such sums as are reasonable and adequate to support and
maintain Plaintiff in the station of life to which she has become accustomed during the marriage.
COUNT III - ALIMONY PENDENTE LITE
10. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to
support herself through appropriate employment.
11 Plaintiff requires reasonable support to adequately maintain herself in accordance with
the standard ofliving established during the marriage.
12. Defendant enjoys a substantial income and is well able to contribute to the support
and maintenance of Plaintiff during the course of this action.
WHEREFORE, the Plaintiff requests that this Honorable Court enter an award of
Alimony Pendente Lite until final hearing.
COUNT IV - COUNSEL FEES. COSTS AND EXPENSES
13. Plaintiff is without sufficient funds to retain counsel to represent her in this matter.
14. Without counsel, Plaintiff cannot adequately prosecute her claims against Defendant
and cannot adequately litigate her rights in this matter.
15. Defendant enjoys a substantial income and is well able to bear the expense of
Plaintiff's attorney and the expense of this litigation.
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WHEREFORE, Plaintiff requests this Honorable Court to enter an award of counsel fees,
costs, and expenses.
Date:
q~r/0j
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ane Adams, Esquire
I.D. No. 79465
I 17 South Hanover St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
SHIRLEY MORNINGSTAR
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VERIFICATION
I verifY that the statements made in this PETITION are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn
falsification to authorities.
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June 7, 2002
SINCE 1888
3211 North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
717-238-8187
Fax: 717-234-9478
E. Robert Elicker, II, Divorce Master
Office of Divorce Master
Cumberland County
Court of Common Pleas
9 North Hanover Street
Carlisle, PA 17013
Other Office!';
Colonial Park Mecharucsburg
717-652-7020 717-691-5577
Millersburg Shippenshurg
717-692-5810 717-530-7515
Re: Shirley A. Morningstar v. Donald E. Morningstar
No. 01-3642 Civil
In Divorce
Dear Master Elicker:
Enclosed herewith please fmd Defendant's Pre-Trial Statement in regards to the above-referenced
matter.
Please contact me if you have any questions.
Very truly yours,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
&~C~
Karl R. Hildabrand
KRH/kan
Enclosure
cc: Jane Adams, Esquire
Document #: 236152.1
James F. Carl
Edward E. Knauss, IV*
Jered L. Hock
Karl K Hildabrand"
Steven P. Miner
Clark DeVere
E. Ralph Godfrey
Steven C. Courtney
Francis J. Lafferty,. IV
David H. Martineau
Andrew W. Norfleet
Melissa L Van Eck
Andrew C. Spears
Young-Suh Koo
.. Board Certified ill civil
trial law Gild advocaClJ
by the National Board
afTrial Advocacy
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3211 North Front Street
p.o. Box 5300
Harrisburg, PA 17110-0300
717-238-8187
Fax: 717-234-9478
March 20, 2002
Other Offices
Colonial Park
717-652-7020
Mechanicsburg
717-691-5577
Smppensburg
717-530-7515
E. Robert Elicker, II, Esquire
9 North Hanover Street
Carlisle, P A 170 I3
Re: Morningstar v. Morningstar
Cumberland County No. 01-3642 Civil
Dear Mr. Elicker:
Enclosed please find Defendant's statement of outstanding discovery in the above matter. Thank
you.
Very truly yours,
bER, WICKERSHAM, KNAUSS & ERH, P.C.
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Karl R. Hildabrand
K.RH:cl
Enclosure
cc: Jane Adams, Esquire (with enclosure)
Donald E. Morningstar (with enclosure)
Document #: 230032.1
James F. Carl
Edward E. Knauss, IV*
Jered 1. Hock
Karl R. Hildabrand*
Steven P. Miner
Clark DeVere
E. Ralph Godfrey
Steven C. Courtney
Francis J. Lafferty, IV
David H. Martineau
Andrew W. Norfleet
Steven C. Skoff
Melissa 1. Van Eck
Andrew C. Spears
Young-Suh KOD
* Board Cerfijied in civil
tria/law and advocacy
by the National Board
afTrial Advocacy
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SHIRLEY A. MORNINGSTAR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 3642 CIVIL
DONALD E. MORNINGSTAR,
Defendant
IN DIVORCE
TO: Jane Adams
Attorney for Plaintiff
Karl R. Hildabrand
Attorney for Defendant
DATE: Thursday, February 28, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
x (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.
Statements for wife -'retirement, investment accounts, bank accounts,
and personal property inventory have been requested in discovery but
have not yet been provided. Interrogatories and Request for Production
have been outstanding for some time.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
Plaintiff's counsel has agreed to provide the requested materials
and it is anticipated that the discovery outstanding can be completed
within sixty (60) days.
3/ t.o/o:L
I ~ DATE
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OUNSEL FOR PLAINTIFF ( )
COUNSEL FOR DEFENDANT (X)
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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.
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ATTORNEY AT LAw
117 South Hanover Street
Carlisle, Pa. 17013
Phone:(7I7) 245-8508 Fax:(717) 245-8538
www.adamslaw.net
March 5, 2002
Robert Elicker, II, Esquire
Divorce Master
9 N. Hanover St.
Carlisle, Pa. 17013
Re: Morningstar v. Morningstar
No. 2001 - 3642 Civil Term (Cumberland County)
Dear Mr. Elicker:
Enclosed please find my discovery certification in the above-referenced case which
indicates that discovery is complete.
Thaok you for your kind cooperation regarding the above. Please contact me if you have
any questions regarding this matter.
Very truly yours,
/JA
cc: Shirley Morningstar
Karl Hildabrand, Esquire
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SHIRLEY A. MORNINGSTAR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 3642 CIVIL
DONALD E. MORNINGSTAR,
Defendant
IN DIVORCE
TO: Jane Adams
Attorney for Plaintiff
Karl R. Hildabrand
Attorney for Defendant
DATE: Thursday, February 28, 2002
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.
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to complete discovery.
DATE
3-0- -O'L
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.
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SHIRLEY A. MORNINGSTAR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01 - 3642 CIVIL
DONALD E. MORNINGSTAR,
Defendant
IN DIVORCE
TO: Jane Adams
Attorney for Plaintiff
Karl R. Hi1dabrand
Attorney for Defendant
DATE: Thursday, February 28, 2002
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(al 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.
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(b) Provide approximate date when discovery will be
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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.
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SHIRLEY A. MORNINGSTAR,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
No. 01 - 3642 Civil Term
DONALD E. MORNINGSTAR,
Defendant
ACTION IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
, (Plaintiff)(Df:feAelaAt)..moves this Court to appoint a master
.(x) Divorce
( ) Annulment
~) Alimony
( ) Alimony Pendente Lite
R<') Distribution of Property
( ) Support
J><) Counsel fees
1>c) Costs and Expenses
and in support of the motion states:
(]) Discovery is complete as to the claim(s) for which the appointment of a master is requested.
(2) The D fendant (has)(I\!lS Rat) appeared in the action (personally)(by his attorney,
. , Esquire).
(3) The statutory ground(s) for divorce (is)(are) 3, ~ I k. ')
(4) Delete the inapplicable paragraph(s):
(a) The action is not contested.
(b) An agreement has been reached with respect to the following claims:
(c) The action is contested wtih repsect to the following claims:
(5) The action (in.eIY8s)(does not involve) complex issues of law or fact.
(6) The hearing is expected to take Co ~)(hours).
(7) Additional information, if any, relevant to the motion:
J e Adams, Esquire
orney for (Plaintiff)(Dllfe~d2d'to;"
Date: d-,'" \ 8 I Od-.
ORDER APPOINTING MASTER
AND NOW, this:li~~ 2.', 2001, Robert Elicker, Esquire, is appointed Master with
repsect to the following claims: d..-U
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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
West Shore
697-0371 Ex!. 6535
Traci Jo Colyer
Office Manager/Reporter
March 25, 2002
Jane Adams
Attorney at Law
117 South Hanover Street
Carlisle, PA 17013
Karl R. Hildabrand, Esqurie
METZGER & WICKERSHAM
321 I North Front Street
P.O. Box 5300
Harrisburg, PA 17110-0300
RE: Shirley A. Morningstar vs. Donald E. Morningstar
No. 01 - 3642 Civil
In Divorce
Dear Ms. Adams and Mr. Hildabrand:
Attorney Adams indicated that discovery is complete. Mr.
Hildabrand indicated that he would expect discovery to be complete
within sixty days of March 20, 2002. Therefore, I am going to proceed
with a directive for pre-trial statements with the understanding that we
will not be involved with any discovery matters at the time of the
conference.
A complaint in divorce was filed on June 13,2001, raising grounds
for divorce of irretrievable breakdown of the marriage and the alternative
grounds for divorce of indignities. I am going to assume that the parties
will sign affidavits of consent and waivers of notice of intention to request
entry of divorce decree, or in the alternative have been separated for a
period in excess of two years, so that the divorce can proceed under the
no-fault provisions of the divorce code. If that assumption is not correct,
please advise and I will immediately schedule a hearing on the
alternative grounds of indignities.
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Ms. Adams and Mr. Hildabrand, Attorneys at Law
25 March 2002
Page 2
On September 20, 2001, the Plaintiff filed a petition raising the
economic claims of equitable distribution, alimony, alimony pendente
lite, and counsel fees and expenses.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel
to file a pretrial statement on or before Friday, June 7,2002. I have
picked the date in June in order to give counsel sufficient opportunity to
complete the discovery which Mr. Hildabrand says needs to be
accomplished and to prepare pretrial statements with the current
information regarding the issues involved. Upon receipt of the pretrial
statements, I will immediately schedule a pre-hearing conference with
counsel to discuss 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.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
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SHIRLEY A.'MORNINGSTAR,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-3642 CIVIL TERM
DONALD E. MORNINGSTAR,
Defendaot
: ACTION IN DIVORCE
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearaoce of Metzger, Wickersham, Knauss & Erb, P.c. in
the above matter.
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
~:e~
teven P. Miner
Attorney LD. No. 38901
3211 North Front Street
Harrisburg, PA 17110
(717) 238-8187
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearaoce of undersigned counsel on behalf of Defendaot,
Donald E. Morningstar.
NESTICO, DRUBY & HILDABRAND, L.L.P.
By:~fj?: 4~ -.
Karl R. Hildabraod, Esquire
Attorney LD. No. 30102
840 East Chocolate Avenue
Hershey,PA 17033
(717) 533-5406
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CERTIFICATE OF SERVICE
I, Karl R. Hildabrand, of the law firm of Nestico, Druby &
Hildabrand, L.L.P., hereby certify that on the
day of August,
2002, a copy of the foregoing document was sent via First Class U.S.
Mail, postage paid, to the following:
Jane Adams, Esquire
117 South Hanover Street
Carlisle, PA 17013
~fu~
Karl R. Hildabrand
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SHIRLEY A. MORNINGSTAR,
Plaintiff
IN THE COURT OF COMMW:l~ill~
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION LAW
v.
No. 01-3642
DONALD E. MORNINGSTAR,
Defendant
JURY TRIAL DEMANDED
DEFENDANT'S PRE-TRIAL STATEMENT
PURSUANT TO PA. R.C.P.1920.33
1. List of Assets
(i) Marital Assets - See Exhibit "A" attached hereto and incorporated herein
by reference.
(ii) Non-Marital Assets - See Exhibit "B" attached hereto and incorporated
herein by reference.
2. Expert Witnesses - If the parties are unable to stipulate to valuations of retirement
plans, an expert from Pension Appraisers, Inc., will testify.
3. Witnesses
(i) Donald Morningstar.
(ii) Shirley Morningstar.
(iii) Representative of Pension Appraisers, Inc. - valuation of retirement plans.
(iv) Scott Macak, Sailhamer Real Estate or other real estate witness - valuation
of real estate.
(v) Laura 1. Morningstar - daughter.
4. List of Exhibits - See Exhibit "C" attached hereto and incorporated herein by
reference.
Document#2'56100
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5. Gross Income and Net Income as Reflected on Most Recent State and Federal
Income Tax Returns and Pay Stubs - See Exhibit "D" attached hereto and incorporated herein by
reference.
6. Expenses - See Exhibit "E" attached hereto and incorporated herein by reference.
7. Valuation of Pension or Retirement Benefits. Marital Portion Thereof. and
Supporting Documentation - See Exhibit "F" attached hereto and incorporated herein by
reference.
8. Claim for Counsel Fees- N/A.
9. Valuation of Personal Property - Disputed Items
10. Marital Debts - N/A.
11. Proposed Resolution of Economic Issues - See Exhibit "G" attached hereto and
incorporated herein by reference.
Respectfully submitted,
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
BY~V~~~
Karl R. Hildabrand, Esquire
Attorney J.D. No. 30102
P.O. Box 5300
3211 North Front Street
Harrisburg, PA 17110-0300
(717) 238-8187
Attorneys for Defendant
Dated:
fo,?-o2--
-2-
Document#236100
.,
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ASSETS OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and itemizes the
assets in the following pages.
(x) 1.
(x) 2.
(x) 3.
(x) 4.
(x) 5.
(x) 6.
0 7.
0 8.
(x) 9.
(x) 10.
0 11.
(x) 12.
0 13:
0 14.
() IS.
0 16.
() 17.
() 18.
(x) 19,
() 20.
() 21.
() 22.
() 23.
() 24.
(x) 25. .
0 26.
Document#: 219065.1
Real property
Motor vehicles
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
Business (list all owners, including percentage of ownership, and officer/director
positions held by a party with company) _
Employment termination benefi.ts-severan~e pay, workmen's compensation
claim/award
Profit sharing plans
Pension plans (indicate employee contribution and date plan vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
:MilitaryN .A. benefits
Education benefits.
Debts due, including loans, mortgages held
Household furnishings and personalty (include as a total category and attach
itemized list of distribution of such assets in dispute
Other'
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MARITAL PROPERTY
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Defendant lists all marital property in which either or both spouses have legal or
equitable interest individually-ur with any other person as of the date this action was
commenced.
Item
No.
Real Estate
Description
of Property
1. 218 Three Square Hollow Road
Newburg, PA
Vehicles, etc.
2.
3.
4.
5.
Life Insurance
6.
7.
8.
1996 Ford Pickup
1996 Ford Taurus Sedan
Maverick RV (sold 6/2001)
(proceeds of $28,000 in Wife's possession)
Boat, Motor, Trailer
Prudential Insurance -life insurance
(21518173)
Prudential Insurance -life insurance
(21518072)
Dept. of V eterans Affairs -life insurance
(W17341570)
Joint Investments
9.
10.
11.
Document#: 219065.1
Lord, Abbett & Co. Money Market Acct
(15-97680262)
Dreyfus Premiere Third Century Fund
(035-0030061410)
Dreyfus Municipal Bond Fund
(054-0001955590)
Names
of All
Owners
Vol\'\~
Joint
l '70, ()l)O (e;J )
Husband
8': 000
~/OOO
:2 ((-, coo
Wife
Joint
Husband
Wife
7
,
Husband
7
Husband
I ?Y/.7D
I
Joint
1,7'1'1,00
Joint
sl 51'2...7'1
/
Joint .
3'7 41l.~q
I
Document #: 219065.1
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26.
A1lfirst - checking account
(00974-1001-2) *closed 9/8/00
Husband Bank Acconnts
27.
Wife Bank Accounts
28.
Orrstown Bank - Carriage Club
(534439)
29.
Orrstown Bank - Statement Savings
(754110)
Personal Property
30.
Household furnishings and personal property
31.
Wife's Jewelry
32.
Travelers Checks
33.
Player Piano
Husband Retirement
34.
State EES Retirement
Wife Retirement
35.
Public School Retirement
DOCU11>$nt #: 219065.1
Joint
Wife
Wife
Joint
Wife
Joint
Wife
Husband
Wife
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7
Item
No.
1.
Description
of Property
Maverick RV
Document #: 219065.1
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PROPERTY TRANSFERRED
Date of
Transfer
6/01
Consideration
:If
"$28,IlM ;23 '15:0D
(
"""""'1" ,1.<'..
Person
to Whom
Transferred
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Wife has proceeds from sale
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NON-MMUTALPROPERTY
Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be
excluded from marital property.
Names
Item Description of All Reason for
No. of Property Owners Exclusion
I. Coins Husband gift from parents
2. U.S. Savings Bond Husband inheritance from Aunt's Estate
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Document #: 219065.1
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EXHIBITS
1. Plaintiff's Inventory
2. Defendant's Inventory
3. Plaintiff's Income and Expense Statement
4. Defendant's Income and Expense Statement
5. Joint Tax Returns - 1996-2001
6. Donald Morningstar -7/5/01 Letter
7. Shirley Morningstar - Christmas 2001 Letter
8. Real Estate Appraisals
9. Valuation Husband's Retirement
10. Valuation Wife's Retirement
11. Investment Account Statements
a. Lord Abbett
b. Dreyfus Third Century
c. Dreyfus Municipal Bond
d. Aim Global
e. John Hancock Tech A
f. Janus (IRA)
g. Allfirst (IRA)
h. Lincoln Annuity
i. MBNA Money Market
J. Vanguard-Long Term
k. Vanguard - Windsor Fund
1. Dreyfus Growth Fund
m. Vanguard Star Fund
n. Vanguard Long Term Tax Exempt
12. Bank Statements
a. Orrstown Bank - Savings
b. Orrstown Bank - Checking
c. PSECU - Savings
d. PSECU - Checking
e. PSECU - CD
f. Allfirst - Checking
13. Inventory - Wife's Jewelry
14. Records Regarding Proceeds of Sale of Maverick Motor Home
15. Life Insurance - Wife
16. Life Insurance - Husband
Document#236100
" 11
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Shirley,
July 5, 2001
Understanding that your intension is to move out of our home next
week I make the following request:
1. That you return, before you leave, the income tax forms for year
2000 that you removed from the den filing cabinet without my
knowledge. By now your lawyer has had enough time to make,
copies of anything of importance and should return the originals
immediatly.
2. You ask that I not be home when you move for fear that I would
harm the movers. I have locked the gun cabinet to make it '
inaccesable to anyone and I will leave the house, however I reserve
the right to remain off the driveway to observe what is removed
from the home.
3. When you leave I expect you to leave behind (a) keys to the
front, back, and cellar doors and the garage door (b) the remote
transmitter to the overhead garage door.
4. I have allowed you to make this move with as little interferance
as possible even though some of your actions have been quite
troubling. It is possible that I will need to contact you as I prepare
to sell the house, therefor will you please let me an address where I
can get in contact with you. '
Don
c<; Attorney Karl Hildebrand
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see the endoseif edition of"New Dtreaums"lar more i(yg,tnUItJ07l on ,
_l;)ta~Return Fund, Core F,xed.Income Funa and. S'~l1-Ca~~d FU~~.__._.~_..,_._~
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Dreyfus
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A,CCOUNT STATEMENT
04/01/01 through 06/29/01
Page 1 of 2
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',... ','., ,..,;~~~~~;~1i~,:'~~NINGSTA~ &
"', '},J@\!t~Y'!A'i>\oRNrNGSTAR ,IT
. ,l'cg:lj}Q~".?;;
i~~~i~~;~j;:A ,mtiQ-0055
TEN
:' .'~~i~~[~t~~;~~~~uti6A.~tJi}m;ary ~_____Tb.i~p.!3riod ...
';';T,i>x~ilo?!Ui>tln'C(Jm~ ' $482.89
I". .',_ -- ,.:
'Y ear.to-dat~
;$955.71
" ',' ", Market Value C~'o of
SharefJ: m.vnP-d _._$_h.?T.:~ PfiG~._._._.~___...~.s of 06/2919_"!._ ~~!!Tolic
, 3,148.126
::1.16$.899
11.96
$31,51,2.74 45.4',
37,911.99 54,6~
$10,01
i:ot,alPer~nai j\.ccounts...--.---- $69,424.73
100 ~,
" "J)ONALD E MORNINGSTAR &
'SHIRLEY A MORINGSTAR,JT TEN
/ ~i;M:z,1A
" ~:f~;',
Sl'tare.J2rice
,$9.12
,(Un
Shares this T ota! shares
...~.!!~~_._""_.~_...~_ned ~
, 3,"148.126
3,148.126
-', "
13.909
13.679
13.008
'rotal sharef
owned
3. 129.30~
3,143.21;:
3,156.891
3,169.89t
3,169.89'
" ,
"~>'t~fo;;"'fti ,
, ,.$~i\;rC)j3A\t.
"', ,:!{4il~~.'
'Spare--fj~
$12.05
>,11.ll3
, ,iJi9U
H.9.&
1;1'.96
Shares 1111..
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_"t'<{cov..nt State~ettt
Jun~30, 2001 " '
_LORD, ABBETT& Co.
, InvestmelltManagement
A Tradition of perlorma.'I.ct through DisCiplined ll1ve:stmg
Page 2 of 2
."'''",.",').
YOUR Y-T -n ACCOUNT DETAIL... i
. ,'+'!'
U S Govl Monev Market Fund - A
hmd-accoum# j 5- 97680262
Donald E Morningstar &:
ShirleJT A Morn;ihgstafJfi"en.
Ye-.:tt-to-Date Di5trib~tiOns~ Divi.dends-- '$31.-'\-) : Short-Term Capital Gain~-
LOngCTmn Capital Gains- $0.00.,
".,
. Your aCCvUfi! is relnvesung diviciendscandcapital gains.
$0.00 ;-
Confirm Trade '
pate _'_ D<J1~_ D..rscription Qgllar Amount Share Price S}tares .~!<afes Owned
BEGINNING BALANCE 1,766.570 -
OlIOI/Ol 02/01/01 l,NCOME REINVEST $7.49 $1.00 7.490 1,774.060
03101/m 03/01/01 INCOME RELNVEST $6.44 $ 1. 00 6.440 1.780.500
04/03/01 04/03/01 INCOME REINVEST $1.11 $1.00 7.110 1,787.610
05/03/01 05/03/01 INCOME REINvEsT $5.85 $1.00 5.850 l, 793 .460
06/05/01 06/05/91 INCOME REINVEST $5.54 $1~ .00 5.540 1,799.000
Market Value as of 06/30/01 $ J, 799.00 $1.00 I, 799 .000
"".'
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MAKE ONE CHECK
PAYABLE TO:
LORD AllBm Fl.JNDS
1'.0. BOX 219336
KANSASOTY, MQ,e,~l2l
,. , .
. ,
.. " !!1Vt'stment
I'und Name fund# /<\((:o~nt# Inve~'itment > JiM. Contribution
, , . ,Amount Year (IRA Onlvl
~_.. " ,". ,
- ':~ "- c"",-
c!:! S GOvr MONEY MARKET FUND.. A ' 15 97~8D26? ,- -w.'.,
,
, ",,' " '" '" , , - ".," ,",'.,' ~
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INVESTMENT SUP
N,*:; if you'are a pafiictp~nt in a~ 'mployq~sp~rt~ored f6trremmt plan
," ao not use thIS mvestmmt slip, to ttWkep1i:fu'CIllltn.butinns. They
,. must be Iltadc through your employer.. , ." ,."
DONALD E MORNINGSU:R &:
SmRLEY A MORNINGSTARjT TEN
" IRA ACCOUNf(S): INDlC."'TE
'IJyou are changing your address, ple"8ee:'i'ml.lJ~!me,~I>?~Ymldi1l;w.k this box; 0 CONTRIBUTtON YEAR
''-'''',:''
,~;Nij
'~,,~;m",~
~)1e&41
0000 55057\\n nnn9?~An~~~n nnnnn~~
ill,'
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Silr.,'er A1'lniverstuy
Quarterly Statement
April 1, 2001 - June :29, 2001
DONALD E, MORNINGSTAR AND
SHIRLEV A. MORNINGSTAR
POBOX 55
NEWBURG PA 17240-0055
oce DISTRIBUTORS
1a45 AVENUE OF THE AMERICAS
NEW YORK NY 10105
For more account tnformatio~ please visit us:
online at ~.ww..aimfunds.Gom. or call
Client Service. at 800-457-0630.
HOUSE
055704 000009999 001
ACCOUNT'
NUMBER
FUND
INVESTMENT
OBJECTIVE
Non.Retirement Accounts
100641.1.438 AIM Global Health Care Fund
Cia.. A (550
Int'I/G1obal Eqnity
PRICE MARKET
SHARES VALUE
735.850 $ 32.31 $ 23,115.31
~_._-~-~"
-.--"'.'.
TOTAL $ 23,775.31
Want to add to your AIM inveslmeut'1 por
information on convenient checkless ways to
invest (Internet, automatic bank draft, bank wire
or phone), access http://www.aimfunds.com. and
under Investor F AQs, click: Purchasing More
Shares. You can also mail us j'our persona! check
in the enclosed postage-paid envelope. !o.Iake the
check payable to the fund in which you wish to
Invest, and write your account number on the
Melllo line or enclose the investment slip from
your last transaction confirmation.
The account(s) described on this statement is
invested 100% with an investment objective of
Int'l/GIobal Equity.
It 'IUI~I'\\\I~lllm t\\I\ 1t it
. v :;> \ 1 4 :1 e 11 J ..
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JOHN HANCOCK FUNDS
1 John Hancodc. Way. Suite 1000
Boston. MA 02217.1000 '
QUARTERLY SUMMARY
April 2, 2001 - June 29, 2001
Page 1 of 1
~ 1591 102 _ aCE 1!5~1 '59t 1j\ QOQQIlQ\I "'\IN"
Investment Professional
Name
Dealer
Branch
JOHN HANCOCK FUNDS INC
FORMERLY AFA DISTRIBUTORS
101 HUNTINGTON AVE 5TH FLOOR
BOSTON MA 02199-7603
DONALD E KORNINGSTAR
SHIRLEY A MORNINGSTAR JT WROS
BOX 55
NEWBURG PA 17240-0055
Customer Service Representative
Monday to Friday 8:00 A.M. to 8:00 P.M.
EASI-Line (24-hour, automated)
1-800-225-5291
1-800-338-8080
DMDENDS & CAPITAL GAINS
PORTFOLIO SUMMARY
POJI:[1lOUO VAInE ON, 4/0212001
CHANGE IN POJI:[1lOUO VALUE
POJI:[1lOUO VALUE ON 6/2912001
~
. .. '~ll;034.03
$1,486.86
$12,520.89
6wu:ler
YID
-NOR-RE'l1RllMl!NT .N:XXiuN'ts .
DIVIDENDS AND
SHORT-TERM CAPITAL GAINS
WNG- TERM CAPITAL GAINS
TOTAL
$0.00
$0.00
$0.00
$0,00
$0.00
$0.00
ACCOUNT DETAIL
FUND NAMIl TECHNOLOGY A
FUND-ACCOUNT NUllBER 83 . 1567651
SOCIAI. SECURITY/TAX ID NUMBIlR On File
Trade Dale DescdDdon
NOR-llE1lRl!MI!NT ACCOUIml
REGIN!lDIG VALUE ON 4/0212001
ENDING VALUll ON 612912001
DoUar
Amount
Share
Price'
SIuues 'Ibis
Tr-tnlUlcD.on
Tom! Shares
Owned
$11,034.03
$12,520.89
$5.64
$6.40
1,956.389
1,956.389
INVEST BY MAIL
DONALD B MORNINGSTAR
SHIRLEY A MORNINGSTAR JT WROS'
aox 55
NEWBURG PA 17240-0055
,1.'UI!lD NAMIl TECHNOLOGY A
FUND-ACCOUNT IflIMIlER 83 - 1567651
Make your check payable to John Han<:ock. Sigoatute
Services, Inc. aod mail it io the enclosed envelope.
AMOUNT ENCLOSED: $
Please mol<e any address changes CD the revetse side, aodhave
all regisrered ownea; sign aod retUrn this slip.
\11111 \Il~ I~~ !~lll~lll\\llll
(II ~
-
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Overnight Address: 1300 South Clinton Street
Fort Wayne IN 46802
FAX Number: 1-260-455-t465
n'Liricoln
Financial Group@
Lincoln Life
PO BOX 2340
FORT WAYNE IN 46801-2340
May 3, 2002
JANE ADAMS
36 S PITT ST
CARLISLE P A 17013-3225
Contract # 97-5056063
Morningstar, Shirley A.
Dear Ms. Adams:
This letter is to confirm the value of the Lincoln contract referenced above. As of the market close on July
9,2001, the total contract value was $111,600.53.
Thank you for the opportunity to be of service. If you have any questions, please call a customer service
representative at 800-4LINCOLN (800-454-6265).
Sincerely,
~~
Margie Crabtree
Registered Representative
Lincoln National Life Insurance
Employer Sponsored Annuity Customer Service
c: Shirley A. Morningstar
Lois Valencia MC3803
.. ~..
':~',. ;:-:.,-q r,;.'... ~ :'..,.\:'
www.Hncolnlife.com
t-Il - k
Registered representative of, and securities 0ffered through, Lincoln National Life Insurance Co., member NASD, and Lincoln Financial
Advisors Corp.. member NASD, SIPC. .
I ;..~"I~ <::____'_1 ....__.._ ,-~... - ,.
AI~
AMERICA.
- -". ",.,0...
~~', '
"= . ,," .- __~_".,. h'''. . ,_ '=',=_"'._N
."c"
MaNA'4MERICA BANK, N.A.
p, O. BOX 1511>3 ' .
WILMINGTON, 01 19850-5103
1-(800) -348-4632
.' ..
ACCOUNT NUMaER
57-080225-6
~
-
=
-
=
=
-
.
SHIRLEY A MORNINGSTAR
PO BO,X 55
NEWBURG PA 17240
FOR CHANGE OF ADORESS, PLEASE USE THE REVERSE SIDE OF THIS FORM.
NEA-SPONSOREO FOIC-INSURED MONEY MARKET ACCOUNT
STATEMENT PERIOO FROM 6i20/01 THROUGH 7/19/01 ACCOUNT NUMBER
NUMBER OF DAYS 30
PAGE
57 -080225-1
ACCOUNT SUMMARY INFORMATION
ACCOUNT SUMMARY,
BEGINNING aALANCE
TOTAL $ DEPOSITS/CREDITS
TOTAL S WITHDRAWALSjDEalTS
END I NG BALANCE
AVERAGE aALANCE
NUMBER OF DEPOSITS/CREOITS
NUMBER OF WITHORAWALS/OEBITS
52,640.26
199.69
0.00
52,839.95
52,640.2b
1
o
INTEREST SUMMARY,
ANNUAL PERCENTAGE YIELD EARNED
INTEREST EARNED THIS PERIOD
AVERAGE'BALANCE FOR YIELD CALC
CALENDAR YTD INTEREST PAID
CALENDAR YTD INTEREST WITHHELO
4. 71 ~
199.b8
52,640.26
1,625.81
0.00
TRANSACTION HISTORY INFORMATION
POST
DATE
BALANCE
7/19
EFF
o ATE
6/20
7/19
7/19
TRANSACTION
DESCRIPTION
BEGINNING aALANCE
INTEREST PAYMENT
ENDING BALANCE
TRANSACTION
AMOUNT
199.69
52,640.26
52,839.95
52,839.95
INTEREST RATE HISTORY
IMPORTANT NEWS
DATE
6/20/01
7/09/01
7/1b/01
INTEREST
RATE
4.65%
4.55%
4.50%
TAKE IT EASY THIS SUMMER AND LET YOUR MONEY
WORK HARD. OPEN AN NEA-SPONSORED GOLDCERTIFICATE
CD. YOU CAN BENEFIT FROM HIGH YIELDS THAT ARE
AMONG SOME OF THE HIGHEST IN THE NATION.
TO OBTAIN THE CURRENT NEA RATE INFORMATION OR TO
OPEN AN ACCOUNT, CALL NEA FINANCIAL SERVICES AT
1-800-348-4632.
3187 905
FDIC INSURED
Cd
\
'~ '. ,. ;~. ':. ~. '~
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, ,
- . ~. ,~"-,,,,:; ".^, -'
oR
".~~ :,,~,-" ~f..'" ,. '.. ,. -.-
Donald E. Morningstar &
Shirley A. Morttingstar
Jt Ten WROS &Nof As Ten Com
TOTAL OF ALL, ACCOUNTS
~ -- ~-
~.. _ ._c
'<'1""".,,'.'__<"'' ,- ,_'~
,',' ~. "
~'J.i!
",';,
:.''';',.'';;'
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;<". :-<!",:~: ,","
"..'~. .
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, ',', 0'" .,,',' ',.'",,' ":"..' .- ':
'J~e.30,20~1!yyar-t{)-daW ,",", ,.'i.,g~e~?f9
, ,;~ti~~~t4R~~i~~.~~~,~:~r.'ES
,..'. '. ,,_ " 0" ,."
~' .;. '.' ..
Statement nnmbel': 785287679 ,
(800).284-7245 - Voyager Service
www.vanguard.com Website
(800) 662-6273 - Tele-Account
;,;"
,~.". ;','. '-',
$189,921.14
Value On 12/31/2000 "alu.on6/30/2001
$ 198,234,09
INVESTMENT ACCOUNTS
Vatue on 12/31/2000
Value on 613012001
Bonds
Vanguard Insured tong-Term Tax-El!:empt Fund Investor Shares
Stocks "
Vanguard Windsor Fund
Total investment accounts
)
Income year-to-date
Tax-exempt incomeyear-to-date
Total
$752.00
2.154.08
$ 2,906.08
[(I
$ 85,393.30
$85,393.30
$ 104,527.84
$ 104,527.84
$189,921.14
Portfolio alloc;>tion
Short-term imiestments
Bonds
Stocks
O~O%
44.1
55.9
100.0%
~~\L
1 3
047062
$ 87,478.57
$l!7,478.57
$ ,11,0,755.52
$110,755.52
. $198,234.09
i, _ 9
Iii
547 315E. M4 I~X
11111111111111111111111111111111111111111111111I1111111:: 11111 ill 1111 II illi
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VFTC - CUSTODiAN IRA
Donald E. Moroingatar
(800) 284-7245
Fund number:
Account number:
Statement number:
- Voyager Service
56 '
9849215853
785287679
. ,,-CCOUNT VALUE:
On 12131 12000, .
$ :105.06&,42'
"0i16/3012001
$270,058.30
3/23
3i23
3/23
4/23
6/22
Transaction
aalancl! on 12/31/2000
lncQme dividend .01
STtap gain .D1
LTcapgain .84
Employee asset tmsfr
, IncomEl dividend .25
Balance on 6/30/2001
Dollarilmount
Trade date
$115;14
115:14
9,671 ;95
61,560,72
3,94!>.91
Share price
$17.81
16.19
16.19
16.19
16.63
16.66
$16.86
Shares transacted
7.112, '
7.112
597.403
3,657.797
234.04Q
Total shares owned
11,514.229
11,521.341
11,528.453
. 12,125.856
15,783.653
16,017 .693
16,017.693
Income 'dividends
Short.term gains
Long-1erm'gains
Total incomEl year'\o-date
$ 4,061.05 The current Fund distribution was payable on
115.14 Junl!25,2001. '
9,671.95
$13,848.14
)
$0.00
0.00
0.00
2001 contributions
2000 contriliuiions
2001 distributions
.-\
J
INVEST-BY-MAIL
00 not alter this slip.
,Use only tOe purchase aJ:lditional shares in:
'V:inguardSTAR F~d .
Fund numbl!l': ' 56
Account IiUinber: 9849215853 '
, Make chll<';ks payable to:
lIanguard fiduc\aTY TrustCompilny . 56
2001 Tax year contribution $
$
201)1 ROUOVOf $
2001 Custocfoal fe<l walveel $
Total amount enclosed $
'"v
VFTC. CUSTODIAN IRA
Dooald E. Morningstar
P.O. Box!i5 .
Newburg f'A 1724p,0055
I
I
I
XXIX)(
I
o Ch<ackbox if changing your address;
note lIElWaddress,Qn reverse.
VANGUARD VOVAGER,SERIIICE
PO BOX 78,OIJ
PHILADELPHIA PA 19101-9892
ell W\
't 3
9. g...,
547 316B M4 ~x
'(](]56
0"1&49215653
25
047067
111111\11111111111111111111111111&11111111111111111111111 11111 1111111 II IUi
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2'~:'-;-;~~~~~~~~~~_ii_~'r~-:f;.:,;C;,!:
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)
Donald E. Morningstar
(800)284-7245
Fund number: '
Account number:
Statement number: '
- Voyager ServiCe
77 '
9849215853
785287679
1/31
2/28
3/30
, 4/3Q
5/$1
6/29
Transact.ion ,
Balance on 12/31/2000
Income dividend
lilcomedMdend
InCOme dividend '
, Income dividend'
,Inc9ine dividend
Income dividend
BliIance on 6/30/2001
ACCOO-NT VAI.UE On 12/31/2000 ,011'15'/30/2001
$ 35,034.10 ' $'35;900.07
Dollar amount Share price Shares transacted Total st.l$res owned
$11.25 S;11:4.142
, $152.91 11.27 13:568 3,127.710
138.29 11.27 '12.271 ,,3,139:981
153.72 11.32 13:580 3,153:561
148.64 11.12 13.367 3,1-66.928
154,02 11.2.0 13;752 3,180.680
149.2.2 11.24. 13.276 3,193.956
$11.24 3,193.956
$896.80 30-day Share' Trade OislributiQn
yield price date payable date
April 4.61% $11.13 4/27/20Q1 5io1{2001
May 4.60 11.19 5/3012001 ' ,6/01/2001
June 4.55 11.25 6/28/2001 ' 7/02/2001
Trade date
Tax-exempt income
JNVEST.BY~MAJI.
Do nol alter lhis slip,
Use only to purchase additionlJl shares in:
Vanguard .P A10$~ed Long-Term
Tax~ExemptF\1ndInvestor Shares
Fund number: n
Accounlnumber: 9849215853
Make checks payable to: The Vanguard Group. 77
Lis! each chec;k separately.
DonaldE. Momings!ar
P.Q.13ox55 ,
Newburg PA 17240-0055
, 0 Check box ,if ch<\nglAg your <\ddress;
note neW address, on' reverse.
Total amount enclosed
$
$
$
,$
I
I
I
I
VIiN.G\JA~D VOYAGER SERVI,CE
PQ.SOX 7800
PltllADElPHIA PA 19101-989Z
l
0077
0984921585,3
30
c((rJ
1 3 8- 9
047066 547 :3152- M4 fJ X
IllmI Inll I1111 11111 1111111111 11II11Il11 III 1IIIIilUlH III Ii IMII i 1IIIi
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ORRS~IDWNBANl(
o H H S TOW N. f' ,.; N N S Y L V ^ N I ^ I 7 2 .\ ,\
Date 7/05/01
PRIMARY ACCOUNT
TAX ID
ENCLOSURES
Page 1
53443S
190-28-0481
SHIRLEY A MORNINGSTAR
11 SOURH THRUSH DRIVE
CARLISLE PA 17013
~"" ~. "."!,~. T',..' ~ _~~ .__..__~''', ..~,. .......~, ~ "..~ ~.=~y ~~, ..~.~ " '"'"~"._ _
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-~
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ACCOUNT NUMBER
534439
754110
ACCOUNT SU
ACCOUNT TITLE
CARRIAGE CLUB OPPORTUNITY
STATEMENT SAVINGS
MMARY
CURRENT BALANCE
25,403.13
.00
ENCLOSURE~
C H E C KIN G A C C 0 U N T S
CARRIAGE CLUB OPPORTUNITY
ACCOUNT NUMBER
PREVIOUS BALANCE
5 DEPOSITS/CREDITS
9 CHECKS/DEBITS
SERVICE FEE
INTEREST PAID
CURRENT BALANCE
534439
675.18
30,186.81
5,467.34
.00
8.48
25,403.13
CHECK SAFEKEEPING
Statement Dates 6/06/01 thru
DAYS IN THE STATEMENT PERIOD
AVERAGE LEDGER
AVERAGE COLLECTED
Interest Earned
Annual percentage Yield Earned
2001 Interest paid
7/05/01
3C
13,913.5C
13,125.1,
8.4E
0.7S
19.5,
ACTIVITY IN DATE ORDER
DATE DESCRIPTION TRACE NO AMOUNT B?\.Ll'.NCl
6/11 DEPOSIT 040225140 3,500.00 4,175.lE
6/13 CHECK 468 010009460 3,500.00- 675.lE
6/15 DEPOSIT 050153570 1,000.00 1,675.lE
6/18 DEPOSIT 050241210 539.78 2,214.9E
6/21 DEPOSIT 040103450 23,775.00 25,989.9E
6/27 ATM WITHDRAWAL 77 E KING ST 000000616 5.00- 25,984.9E
SHIPPENS13URG PA
6/28 CHECK 471 020011700 21.19- 25,963.7~
6/29 CHECK 470 020063610 650.00- ~5,313.7~
6/29 CHECK 469 020063600 25.00- 25,288.1',
7/02 ANNUITAN'J:' PA TREASURY DEPT 503627068 1,372.03 26,660.8(
PPD
7/02 POS DEBIT SHEETZ #070 002001076 7.50- 26,653.3(
SHIPPENSBURG PA
7/03 CHECK 474 020081940 250.00- 26,403.3(
7/03 POS DEBIT KMART 0 002001545 33.65- 26,369.6~
SHIPPENSBURG PA
7/05 Interest Deposit b 8.48 26,378.1:
l2
."
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~7/Prudential
-
For insurance servi"ce, get in touch with your
representative or call the 800 number below;
ANDREW DEVITT
201 HICKORY LANE
SHIPPENSBURG PA 17257
{717} 532-4307
(SOO) 778-2255
W SH 0140
SHIRLEY A MORNINGSTAR
PO BOX 55
I-JEWBLJRG PA, 17240.0055
Congratuiations! Your Piece of the Rod~just got biggerl
We are pleased to teil you that a dividend 01 $36.60 will be credited to
your life insurance contract :,~1 518173 on Oct 2,7,1999. This will be
held by us to accumulate at interest for your benefit. (Current rate
4,000%).
Your $7,3.21 of 1999 interest income on the accumulated dividends
will be reported for income tax purposes under Tax I.D. or 8.S. #
190-28-0481.
All premiums required for this contract have been paid.
Thank you far insuring with The Prudential.
The PRUDENTIAL has a
variety of Insurance and
financial services available.
Please see the reverse side. ~
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Dividend Da.te:" Oct 27, 1999
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!~~;;rlli.i':13MIRLEY;~:~@H~}I;i0~TAB ',' ,
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SHIRLEY A MORNINGSTAR
PO BOX 55
NEWBURG PA 17240-0055
Contract Numbers
f__2.1 I ~~~..
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Do We Have
Your Correct Address?
If the address sl10wn is not correct. please
furnish the information requested In the space
below and send tills form to the Prudential
office shown above. Please Include the. numbe..~
of all policies tor which the addresses should be
changed. (Include lellers if part of the number.)
W SH 0140
New street addrp.8S (Include b.r.y P ,0, Box or F\,F,o. Number)
City
'S,ate __.___.__._._._._.__.J:.~~...__
New telephoM number
(If avaIlable) Area. Cod:a
i New PJ<X number
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",.'i)I'rudential
, '
Fo<:inouranCe~~!iOO;qet '0 touch with YOtJr
~or f'iflheaO[) number below:
ANDREW DEVITT ','
2OjHfCKOR'l lANE " ' '
SHIPf'ENS6URGPA'17257
ITt1'rs..124" ',,' 30, 7
(8001 77&'2255
WSH 0140
OONALD E MORNINGSTAR,
, PO BOX 55
NEWBURG PA11240-l)055
Congratulations! Your Piece o!th" HoCk"just goi biggerl
W,,'anl1Jt'ellSOO-ilTieltye>t:rtlmt ..-(\tvidl;;ml'ol- $36.5Swill:beGr,rdited 'Ie>
your file iflsuran~CQnt~ 2,1 51807200 Nov,12,1999. ThiS will be-
used 10 provide pat(!-upadditlO.naljn$uranceprote~n.
All premit.tms required lorthiscontraGt hali~ boon paid.
Thank you/or insuring with The PrudentiaL
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DONAI,D,EMOftNINGSTAR
POBOX55
NEWBURG PA 17240-0055-
The .PRUDENTIAL has a
variety ol,lnsuranceand
lillancial sarvicesavaU"bla.
Plaa.'leS$ethe re~r$e $ide~
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Contract Numbers
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Qiv1c1e1Jelf\Jofice '
nJll,s'&iN9t.~..,SIII)
DiVidend Date: 'N01t12~f999
1l1l1""dd,il$S jlhoWniSnOlcOnllCt,please
lurnl$h tlle,il)formalion rllque~ in 'the, space
below' and sendlhls 10"" lo,tllePrudetl\iat '
office shown abov,,:Pleasainclud.e the numb<
of_all poli.dii..~!or which 1I1eaddrass"s Should I
ohangect' (Inolude .lalla'" fI part of 1I1e number
WSH0140
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1.1:11~ l~ NU'l' A HILL
ANNUAL INSURANCE POLlCV STATEMENT
POLrCYHoLDER
.. ..
FILE NUMBER
POLICY NUMBER
MAILING OATE
DONALD E MORNINGSTAR
F RS i734 15 70
W 1734 15 10
11/27100
CASH/LOAN
VALUES
.-.. ~~ARY LIFE. ..
PLAN I Basic $ 2,000
.. __-l"ld-Up '''''''0"'.- ,",0"
Values As Of 12-29-00
Basic Policy Value $
Paid Up Additions $
Less Indebtedness - $
TOTAL CASH VALUE = $
2000 POLICY INFORMATION
Effective 11/30/77
Li fe - $
497
TOTAL COVERAGE - $ 2.497..
998.44
lB 1. 26
0.00
1,_279.70
Loan value is shown for the total
insurance since loans are granted
on the total insurance amount.
TOTAL LOAN VALUE - S 1,202.92
PREMIUMS
Basic
Premiulll
$49.92
Mode
Annual
How Paid
Direct
Credit or Shortaae
$0.00
OTHER~
A. ~'l
Current
DIVIDEND
OPTION
option: NET PUA
8.
YOUr 2000 dividend of $91.05 paid 11/27/00 was applied under the Net
PUA option. A letter regarding payment of this dividend was sent.
under separate cover.
INSURANCE DIVIDENDS ARE NOT SUBJECT TO FEDERAL INCOME TAX
Would you like to pay pJemiums by monthly deductions from your
checking accDUlltl Call us 10 find out 1lI0re about VA MATIC.
This rate ";i~l~i
to change. To apply for Ii
P.O. 601l' 7327 '
c.
The current loan interest rate is 6% variable.
in effe~t until October 1st, when it Is subjeet
a loan, send a request with your signature to:
Philadelphia, PA 19101-1327
D.
Please tell us promptly if yo~ change your address.
The Post Office does not forward Government checks.
5ENEFICtARV INFORMATION
c - (G,
Your last beneficiary designation of record was made in 1917.
Enclosed is a form to update your beneficiary.
/,
If yau bave allV QuestlO/ls. can 1-lI;nn~IlGII u.... -- ...-..
.
---
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INCOME
Plaintiff - Shirlev A. Momine:star
Social Security/month
Retirement/month
$2,133.03 x 12 = $25,596.56 net Iyear*
$ 761.00
1.372.Q3
$2,133.03
net/month
Defendant - Donald E. Momine:star
Social Security/month
Retirement/month
$1,083.50
3.723.49
$4,806.99
net/month
$4,806.99 x 12 = $57,673.88 net/year*
*In addition, Husband has been paying and Wife has been receiving APL in the amount of
$653.00/month and $86.67/month arrears effective September 20,2001.
(<
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Document #236100
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COMMONWEAJ..TH OF PENNSYLVANIA
ST A TIl EMPLOYEES' RETI.IIEMENT SYSTEM
PO BOK 1147
HARRISBURG, "... 11ll$-H47
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23-1732438G 16H4"951S
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Recipient'! name. SUCf::t ad.~. .;:Uy. s.tale anQ Z1P cQde
DONALD :!" MOR.."lINGSTAR
POBOX 5/)
Jol'"EWBURG PA 17240
o
CORRECfEJ) (if check<d)
, ",\: OMa"N~, lS45-0119 --\
200~
.tal 0
Sts.temertt Co!;' ~rpient!;. of
Oistributlon :}.'yoril' Pt1tl!ilon\,
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ill$umnce .(':.otUtaGt$.,. etc,
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Page 1 ofl
I:':; Employee Contri'butions
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FORM SSA-1099--S0ctAt.seCORITV Br:NEFITSTATeMENT
2"." ,,0' ',', '0' ,'.'.""'0.",,, . PART, 0, FY,aU,R,'"sricW.,~CUl'll1YgE,~,EF~S~W.IitINe<.:>>(!>MAYgETAXAEl!-E.INooME"
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BOXJ.Naniti. . '., " '" '
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Box 2; 8ene1lt;la.iy'e SodalSef:urltyNuttl!l<lr
16.J-24-1515:
B<iX3. Benefots~I"2QJl~.
"'$13, OO~. (Ill
BoX,4' B..nents RepaklUlssAln2000
~omoJ
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BESCRlPTIONOF ,""oilNTItBioX4
NONE
DESCRIP'1'1ON. OF AMOUlf[ IN. 80'" 3
Paid by, "b..",k or
c;l:1.reet :, d.eposi t.
'Mediea:<<'I preiUi..'Ums deducted
from your' benefi t .
'.t'ot&l Additions
$12,456,0("
$546.00 I
$13,002.00 I
,
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!'lox 6. Voluntary FmIarallncoma lax Wl\hheld
l
I NONE,
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i Box 7. Address ' ,
I OOmLD g MORNINGSTAR
P <) iilOX 55'
NEiolBORG Ii'A 17240-0055
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COllllEcTED(if ci,eck.,d)
OMS NO.-l1S45-01 19
r'i1ayec's N~e~ SU'eet.Ad.dre5'$. :Ul)'. ~1;1~~ andZIP C~C'-:' ".-
1 Commollwealth of.'Pennsjlvam8:
i P~bllc School Employ_' Retirement Sylilem
i 1'0 Box 125 ' "'
I Harritib"urg, ,PA 11108-0125" " " , ,',' .""",', ,',. '0-'- ,'" "
I . ,. 2b '. :fota} tH5tri.buuon " . '.
r)a;.-"Cr's Fe~, 1 rrj,,':m;m,b,-~-I_, i,.~1'';1D'~,~~~""" ,; T Nnm1'nun &7;',26\-eiitible fut
l__ 23'113')115, ' 'L 190-U!..{t411I' L$,""'~i""etti'"'"
RC'.cipicnt'$ NjSme (first. m-iddlc.la~l>.,Stn:c:t ^tidfei!.:!i" CU'Y.-SIAte; and ~l1" Code
2000
Di$:t:ributio1't From
t'eusiQI)$to AttU.tUtie$~
, .__J..{e--tli-.ement or
'Prot1~-a'ring:"~latts.; n~As,
, insikr.nte 'Contracu, etc.
c..opy c
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SIJml,EYlIvlORNiNGSTAll
POBOXS5
NEWBuRGPA 1724\1-0055
:} RiOOmid'Thi1'Yclu:
, $ "."" ".11,64', ,
"7 ~~COd,' e',,' r,~:Q~ur=ro,ta1 i5~<'
7 " '. '.
....- . .
1% Total EmPIoree,'r'~l;1tt.~~~;HionS'
I' $ , ,', 1,>Wl).411 "
'.1.4.Medlca1,:P'remium'~.. :':,,;-
I :$
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In.~l r<<~h:m:'l'~ s~.~ ,
For
lleclpient's
Record.
~:eep'.ihi5 Cf)PY
fOf your
rf"..eOrds
I
M-"l This i~~mation
. \.'~, ',':",.' '.,' i&being
'fur.:r.tl,!;~led to th~
In~tua:r ~evenue
, Serncc
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EORMS$A.1099,~ SOCtA.L$t;CURITYBENEAT STATEMENT
'. ' - ,,' '. '.' '. ' ,
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,2.',',',",", ^, '.' '0. '" ep,'^,R, JOF," "".,Y, 0, llR,.SOCIAt,, :s,'""ECURl',.,,,.,"'," ,.,lYB"pNEFI,.TS,,'SHO\'iNINeQX, 5M, AYB, E, ,1:, 'A," XAllLElNboMp_'
\I\I"SEETHEREVERSal"ORMORE.INFOElMATlON; " '". ", ',', ,', ". ",
Box 2. aeneliciar1..Six>a!~ N\J.,.""
190-ZlJ_.9481.
Box 3. Seneflts PaId iit 2000
$9, 39<,L 00'
Box,4. Benailts Rspaid to SSA in, 2000
!IONE
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DESCBIP1l0ft.OF A!>lOUNT IN. BOX 3
Paid by cbeck .cr
direct d,e:"t'.osit':. '$91 120~ 00
Medi c;a.rc . p.remi utas . deductod
front 70ur benefit ,$273-a-OO
Total .j!<..ddJ.:tions $9., 393" 00
BESCRlP110fl OF J>,MOUNT iN BOX 4
, Nom:
80" 6. Voluntary federal Incoma TaX W'tthheld
NONE
Box 7. Atldress
. SiUp.:rEY, A MORNINGS"'r.A.R-
PO 5K 55 '
NEWB~ ~A 17240-0055
-
I
... -...
SHIRLEY A. MORNINGSTAR,
Plaintiff
v.
IN TIffi COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 01-3642
DONALD E. MORNINGSTAR,
Defendant
CIVIL ACTION - LAW
COMPLAINT IN DIVORCE
INCOME AND EXPENSE STATEMENT
OF DEFENDANT, DONALD E. MORNINGSTAR
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
BY~&<~~.~
. Karl R. Hildabrand, Esquire ' , (
Attorney I.D. No. 30102
3211 North Front Street
P.O. Box 5300
Harrisburg, P A 17110-0300
(717) 238-8187
Attorneys for Defendant
E.
Document #: 2191D2.1
INCOME AND EXPENSE STATEMENT OF
DONALD E. MORNINGSTAR
Employer: None
Address:
Type of Work: Retired
Payroll Number:
Pay Period (weekly, biweekly, etc.):
GROSS PAY PER PERIOD: N/A
Itemized Payroll Deductions:
Federal Withholding:
Social Security:
Medicare:
Local Wage Tax:
State Income Tax:
Unemployment Tax:
Retirement:
Savings Bonds:
Credit Union:
Life Insurance:
Health Insurance:
Other: (specify)
NET PAY PER PAY PERIOD:
Document #: 2206021
<'h';:",','." ,-. -
11/14/01
-
0" '
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,
OTHER INCOME: WEEK MONTH YEAR
Interest 81.29
Dividends
Pension 3,723.49
,
Annuity
Social Security 1,083.50
Rents
Royalties
Expense Account
Unemployment Compo
Workmen's Compo ,
TOTAL OTHER INCOME: 4,888.28
TOTAL MONTHLY NET INCOME: ' 4.888.28
Document #: 220602.1
J~ "'-
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", ~'-~. '~"'"""'~~';
(. '-.,
WEEKLY MONTHLY YEARLY
HOME:
Mortgage/rent
, ,
Maintenance 1,800.00
Repairs
UTILITIES:
Electric 1,820.00
Gas
Oil
Telephone 800.00
Water
Sewer
EMPLOYMENT:
Public Transportation
Lunch
TAXES:
Real Estate 1,431.00
Personal Property
Income
INSURANCE:
Homeowners
, 684.00
Automobile
, 671.00
Life
Accident
Health
Other
Document #: 220602.1
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AUTOMOBilE:
Payments
Fuel 40.00
Repairs
Maintenance 300.00
I'
Licenses
Registration 26.00
Auto Club
MEDICAL:
Doctor
, Dentist
Orthodontist
Hospital
Medicine 200.00
Special needs
EDUCATION:
Private school
Parochial school
College
Religious ,
School lunches
Books/misc.
PERSONAL:
Clothing 300.00
Food 200.00
Document #: 220602.1
<~"' - - ,
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..,.. .
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Barber/hairdresser 100.00 I
Personal care 100.00
Laundry/dry cleaning
Hobbies
Memberships
CREDIT PAYMENTS:
Credit card
Charge account
lOANS OR DEBTS:
Credit Union
MISCELLANEOUS:
Household help 1,300.00
Child care
Camp
Pet expense
Papers/booksl 750.00
magazines
Entertainment
Pay TV 186.00
Vacation 250.00
Gifts 6,000.00
"
Legal fees 1,100.00
Charitable 1,500.00
Contributions
Religious
Memberships
Children's
Allowances
Document #: 220602.1
.
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Other Child
Support
Alimony ,
payments
Lessons for
Children
,
OTHER:
trash removal 200.00
TOTAL EXPENSES 340.00 19,418.00
Document #: 220602.1
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CERTIFICATE OF SERVICE
I, Karl R. Hildabrand, Esquire, of the law firm of Metzger, Wickersham, Knauss& Erb,
Shirley A. Morningstar
c/o Jane Adams, Esquire
117 South Hanover Street
Carlisle, P A 17013
METZGER, WICKERSHAM, KNAUSS & ERB,P.C.
K:~7?4~-/~
Karl R. Hildabrand, Esquire ('
Docu""'nt #: 219102.1
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COMMONWEALTH OF PENNSYLVANIA
STATE EMPLOYEES' RETIREMENT SYSTEM
30 NORTH THIRD STREET - P.O. BOX 1147
HARRISBURG, PENNSYLVANIA 17108-1147
TOLLFREE: 1.800-633-5461
www.sers.state.pa.us
, April 2, 2002
PENSION VERIFICATION
DONALD E MORNINGSTAR
POBOX 55
NEWBURG PA 17240
SSN: 163-24-9515
Dear Annuitant:
This is in response to your request for a monthly pensi.on verification. These figures reflect y.our current
annuity as .of the ab.ove date. The inf.ormati.on you requested is as f.oll.ows: '
Gross Pension: $3,723.49
Less Deductions:
--
Federal Withholding Tax: $977.82
Health Insurance: $0.00
Other: $754.46
Net Pension: $1,991.21.
The effective date of your annuity is 01-08-1994. , ,
your regular retiremel1t~e_nefit will be made, to YOl) for life.
Sh.ould you have any further questions regarding this matter, please contact our .office. Remember to als.o
notify SERS pr.omptly when there is any change t.o y.our h.ome address.
Sincerely,
Disbursements Secti.on
Benefit Determinati.on Division
AIN44
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Jane Adams
ATTORNEY AT LAW
36 SOUTH PrTT STREET
CARLISLE, PA. 1 70 1 3
(71 7) 245-8508
(71 7) 245-8538 FAX
ESOADAMS@AOL.COM
May 20, 2002
Karl Hildabrand, Esquire
3211 N. Front Street, P.O. Box 5300
Harrisburg, Pa. 17110 - 0300
Re: Morningstar v. Morningstar
No. 2001 - 3642 (Cumberland County)
Dear Karl:
Enclosed please find a letter from the Public School Employees' Retirement System
regarding the value of Shirley Morningstar's account.
Thank you for your attention to the above.
Very truly yours,
enclosure
cc: Shirley Morningstar
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COMMONWEALTH OF PENNSYLVANIA
PUBUC SCHOOL EMPLOYEES' RETIREMENT SYSTEM
Mailing Addr.ss '
PO Box 125
Harrisburg PA 17108-0125
Toll-Fr.. - 1-888-773-7748
(1-888-PSI>FlS4\J)
Local - 717-787-8540
W.b Addr..., www.paerutate.pa.us
Building Location
5 North 5th Street
Harri~burg P A
May 14, 2002
Jane Adams, Esquire
36 South Pitt Street
Carlisle PA 17013
RE: Shirley Morningstar
S.S.# 190-28-0481
Dear Ms. Adams:
I am responding to a request made to the Public School Employee's Retirement System
(PSERS) regarding a divorce matter for the above member. .
Ms. Morningstar retired from the PSERS effective June, 15, 1993. At the time of her
retirement she selected the Maximum Option and elected to withdraw her contributions
and interest. A breakdown follows:
Contributions
Contributions that cannot be withdrawn
Interest
Years of Service
$25,705.57
1,485.03 .
10,960.13
33.43",
"Includes a service credit of 3.04 years for Act 186 (retirement incentive).
Since, she elected to withdraw the available contributions and interest, the value of her
account is $1,485.03.
,,' Ms. Momihgstar is.currentlyreceivingamonthJybenefit af $2, 165.?1 (gross).
- ,
An Alternate Payee could only receive a portion of her monthly benefit. Ms. Morningstar
began contributing to PSERS in October 1966 therefore her entire, service credit would
be considered marital property. .
If Ms. Morningstar's benefit is considered marital property and subject to equitable
distribution, PSERS will require an Approved Domestic Relations Order (ADRO) that
has been reviewed and approved by PSERS. However, if the benefit will not be subject
to equitable distribution, PSERS will require acopy of the Property Settlement "
Agreement stating the ex-spouse is waiving any and all claims to her benefit with
PSERS, or a 'Waiver of Pension Benefits" form (enclosed) signed by her ex-spouse.
. ,
May 14, 2002
Jane Adams, Esquire
Re: , Shirley Morningstar
SS#: 190-28-0481
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You will. find enclosed a copy of the most recent "PSERS Retired Member's Handbook",
a pamphlet entitled "Let's Talk About Your Retirement Benefit and Divorce", a
"Prerequisites for a Domestic Relations Order", and a sample "Domestic Relations
Order" (DRO).
If I can be offurther assistance, you may reach me by calling toll-free 1-888-773-7748
Extension 4949, (local calls 720-4949) between 7:30 a,m. and 3:30 p.m. each busiriess
day. If you prefer, you may also reach me by FAX at 717-787-7021.
Sincerely,
,1~ c, Dr
Lenore C. Boyle
Exception Processing Center
Enclosure(s)
cc:. Shirley Morningstar
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PROPOSED DISTRIBUTION
Husband
Y, Net Proceeds Real Estate
1996 Ford Pickup
Boat, Motor and Trailer
Prudential Life Insurance
Dept. of V eterans Affairs Life
Investments:
Vanguard - Long Term Tax Exempt (J)
Vanguard - Windsor Fund
Dreyfus Growth Fund
Vanguard Star Fund
Vanguard Long Term Tax Exenipt (H)
PSECU:
Savings
Checking
CD
Allfirst - Checking
H. Bank Account
40% Household Furnishings and Personal Property
State Employees Retirement
Wife
Y, Net Proceeds Real Estate
1996 Ford Taurus Sedan
Maverick RV Proceeds
Prudential Life Insurance
Investments:
Lord Abbett
Dreyfus Third Century
Dreyfus Municipal Bond
Aim Global
John Hancock Tech A
Janus (IRA)
AIlfrrst (IRA)
Lincoln Annuity
MBNA Money Market
Orrstown Bank:
Savings
Checking
60% Household Furnishings and Personal Property
Wife's Jewelry
Travelers Checks
Player Piano
Public School Retirement
Document#236100
ex
est. 75,000.00
8,000.00
5,000.00
?
?
87,478.57
110,755.52
included in Vanguard Star Fund
270,058.30
35,900.07
5,055.24
4,590.02
10,584.1 0
included in PSECU checking
?
12,000.00
?
est.
75,000.00
8,000.00
28,000.00
?
est.
est.
est.
1,799.00
31,512.74
37,911.99
23,775.31
12,520.89
100,000.00
100,000.00
108,000.00
52,839.95
?
?
18,000.00
8,000.00
500.00
2,000.00
?
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CERTIFICATE OF SERVICE
I, Karl R. Hildabrand, Esquire of the law firm Metzger, Wickersham, Knauss & Erb, P.C.,
hereby certify that I served a true and exact copy of Defendant's Pre-Trial Statement Pursuant to Pa
R.C.P. 1920.33 with reference to the foregoing action by First Class Mail, postage prepaid, this
l day of June, 2002, on the following:
Jane Adams, Esquire
36 South Pitt Street
Carlisle, P A 17013
METZGER, WICKERSHAM, KNAUSS & ERB, P.C.
~~~
Document#236100
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SHIRLEY A. MORNINGSTAR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01- 3642 CIVIL
DONALD E. MORNINGSTAR,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
~yt<...J
/ .5 day of
{je,k A~,J
2002, the economic claims raised in the proceedings having
been resolved in accordance with a marriage settlement
agreement dated September 27, 2002, 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,
J.
cc: Jane Adams
Attorney for Plaintiff
Karl R. Hi1dabrand
Attorney for Defendant
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT, made this d.7-f;tv day of ~+- '" 2002, by and between
DONALD E. MORNINGSTAR (hereinafter "Husband") and SHIRLEY A. MORNINGSTAR
(hereinafter "Wife"),
WHEREAS, the parties are Husband and Wife, married on June 29, 1958; and
WHEREAS, two children were born of the marriage, Bronly E. Morningstar (d.o.b
7/14/59) and LauraL. Morningstar (d.o.b. 2/18/64); and
WHEREAS, unhappy differences and difficulties have arisen between the parties, in
consequence of which the parties intend to live separate and apart for the rest of their natural
lives; and
WHEREAS, the parties desire to settle fully and finally their respective financial and
property rights and obligations as between each other, including but not limited to the ownership
and equitable distribution of real and personal property; past, present and future SUPPOlt, alimony
and/or maintenance; and any and all claims which either party has, or may have, against the other
or the other's estate;
NOW, THEREFORE, in consideration of the mutual promises, covenants and
undertakings hereinafter set forth and for other good and valuable consideration, receipt of which
the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant
and agree as follows:
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L SEPARATION
Each party shall have the right to live separate and apart fi'om the other paTty, fi'ee from the
other party's interference, authority and control. Neither party shall intelfere with the other or
attempt to interfeTe with the other, nor compel the otheT party's cohabitation.
2. HUSBAND'S AND WIFE'S DEBTS
Except as otherwise set forth in this Agreement, the parties represent and warrant to each
other that they have not incurred and will not contract or incur any debt or liability for which the
other or the other's estate might be responsible. Each party shall indemnifY and save harmless the
other party fi-om any and all claims or demands made against the other by reason of debts or
obligations incurred by that party.
3. WAIVER OF RIGHTS AND MUTUAL RELEASES
Except as provided in this Agreement, both parties absolutely and unconditionally release
and forever discharge each other and their heirs, executors, administrators, assigns, property and
estate from any and all rights, claims, demands or obligations arising out of or by virtue of the
marital relationship, whether such claims exist now or arise in the future. This release shall be
effective regardless of whether such claims arise out offormeT or future acts, contracts,
engagements or liabilities of the parties or by way of dower. curtesy, widow's rights, family
exemption or similar allowance, or under the intestate laws, or the right to take against the
spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country.
2
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Except for any cause of action for divorce which either palty may have or claim to have,
and except for the obligations of the parties contained in this Agreement, each pmty gives to the
other an absolute and unconditional release and discharge from all causes of action, claims, rights
or demands whatsoever, in law or in equity, which either party ever had or now has against the
other.
4, REAL ESTATE
The parties during the marriage owned as tenmlts by the entireties improved real property
situated at 218 Three Square Hollow Road, Newburg, Cunlberland County, Pemlsylvania
(hereinafter "Marital Residence"). The parties agree to use their best and reasonable etlorts to sell
the marital residence as soon as possible. The parties will cooperate in the listing and pricing of
said property for sale mld will follow the reasonable advice of the listing realtor in establishing a
listing and sale price. The parties further agree to modifY the listing price as needed to facilitate a
prompt sale of the propelty.
The net proceeds of the aforesaid sale, after payment of realtor commission, closing costs
and other expenses, shall be divided equally between the parties. The parties shall share all
necessary and related expenses related to the property from the date of this Agreement up to the
date of sale including taxes, insurance, upkeep, maintenance and the like.
5. DIVISION OF PERSONAL PROPERTY
(a) All items of personal property presently in Husbmld's possession shall be the sole
and separate property of Husband.
(b) All items of personal property presently in Wife's possession shall be the sole and
separate property of Wife.
6. MOTOR VEHICLES
3
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(a) Wife shall retain sole and exclusive possession and/or ownership of the 1996
Ford Taurus Sedml. Wife shall be individually responsible for the payment of any encumbrances,
leases, lomls and automobile liability insurance on said vehicle and agrees to indel11l1ifY and hold
harmless Husband from her failure to carry out said obligation.
(b) Husband shall retain sole and exclusive possession and/or ownership of the 1996
Ford Pickup. Husband shall be individually responsible for the payment of mlY encumbrances and
automobile liability insurance on said vehicle and agrees to indemnifY and hold harmless Wife
from his failure to carry out said obligation.
(c) Both parties agTee to execute, within thirty (30) days ofthe date ofthis
Agreement, any and all torms. titles and documents necessary to transfer the aforesaid vehicle
from joint ownership to individual ownership, as specified herein and to transfer the loan or lease
obligations and encumbrances, if any, from joint obligations to individual obligations as specified
herein.
7. RETlREMENT/PENSIONIPROFIT SHARING/PLANS
The pmties acknowledge that husband is currently receiving retirement benefits fi'om the
Pennsylvania State Employees Retirement System ("SERS"), and wife is receiving retirement
benefits from the Public School Employees Retirement Systems ("PSERS"). Tile parties shall
arrange and pay for the preparation of qualified domestic relations orders with respect to both
retirement plans with 50% of husband's retirement plan to be paid to wife and 50% of wife's
retirement plan to be paid to husband. The pmties shall shm'e equally the expense of the
preparation and approval of the qualfied domestic relations orders.
The parties further acknowledge tlmt husband is the owner ofthe following individual
retirement account:
4
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Vanguard Star Fund IRA
The parties further acknowledge that wife is the owner of the following individual retirement
accounts:
Jmms IRA
Allfirst IRA
Lincoln Annuity
The parties agree that the Vmlguard Star Fund IRA shall be the sole and separate
property of husband and wife does specifically waive, release, renounce and forever abandon
whatever right, title, interest or claim, she may have in said fund, if any, mld it shall become the
sole and separate property of husband hereafter. The parties further agree that tlle Janus IRA, the
Allfirst IRA, and the Lincoln Annuity shall become the sole mld separate property of wife and
husband does specifically waive, release, renounce and forever abandon whatever right, title,
interest or claim, he may have in said accounts, if any, and said accounts shall become the sole
and separate property of wife hereinafter.
8. DIVISION OF BANK ACCOUNTS
The parties acknowledge that husband and wife have divided tlleir bank accounts to their
mutual satisfaction. Husband shall retain those funds presently in the PSECU savings, checking
5//M.
and CD accounts and wife shall retain those funds in the Orrstown Bank oa,;u";B 1lI1il checking
~
account!l. Any otller bmlk accounts presently in the possession of either party shall become their
sole and separate property mld the other party does hereby specifically waive, release, renounce
and forever abandon whatever right, title, interest or claim, if any, he or she may have in tlle funds
that are to become the sole and separate property of the other pursuant to the terms of this
agreement.
9. INVESTMENTS
5
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The parties acknowledge that the following investment accounts were established
and maintained during the marriage:
(a) Vanguard Long Term Tax Exempt (joint)
(b) Vanguard-Windsor Fund
(c) Lord Abbett Fund
(d) Dreyfus Third Century
(e) Dreyfus Municipal Bond
(D Aim Global
(g) Jolm Hancock Tech A
(h) MBNA Money Market
Each of the funds specified above in this paragraph shall be divided equally
between husband and wife and both pmties shall cooperate and sign those documents necessary to
divide said accounts.
The parties fulther acknowledge that husbmld shan retain his Vanguard Long Term
Tax Exempt Fund, which is nonmarital property, having inherited said fund from his mother's
estate. Wife hereby specifically waives, releases, renounces mld forever abandons whatever right,
title interest or claim she may have, if any, in said account.
10. JOINT DEBTS
Any debts or obligations incurred by either party in his/her individual nanle, other
than those specified herein, whether incurred before or after separation, are tile sole responsibility
of the party in whose name the debt or obligation was incurred.
II. AFTER-ACOUIRED PROPERTY
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Each of the parties shall own and enjoy, independently of mlY claim or right ofthe
other, all real property and all items of personal property, tangible or intangible, hereafter
acquired, with full power to dispose of the same as fully and effectively as though he or she were
unmarried. Any property so acquired shall be owned solely by that party and the other party shall
have no claim to that property.
12. LIFE INSURANCE
Husbmld hereby acknowledges that he is currently the owner of life insmmlce
policies with Prudential Life Insurance and the Department of Veterans Affairs Life. Wife hereby
waives any interest she may have in said policies.
Wife hereby acknowledges that she is currently the owner of a life insurance
policy with Prudential Life Insurance. Husband hereby waives mlY interest he may have in said
policy.
Except as stated elsewhere in this Agreement, the parties waive and relinquish
any right or interest, of whatever nature, including claims to the cash value of mlY life insurance
policies which either may have against the other.
13. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY
In exchange for and in consideration of the promises and representations made
hereunder, Husbmld and Wife hereby waive and release any and all right, title, interest, claims or
demand of whatsoever nature which he or she now has or hereafter can, shall or may have against
the other or the respective separate property of the other under tile laws of the Commonwealth of
Pennsylvania or any other governing state, country, telTitory or jurisdiction in the nature of
spousal support, separate maintenance or support, alimony, either pendente lite, temporary,
rehabilitative, permanent or lump sum, and right to seek equitable or commwlity distribution or
7
division or assignment of~operty or similar marital Tight, effective from the date 8ftllis
~ +tu-.1;{,~ fd)VV1/U....- ~ sA.A,{.
UUHlBI!t a'fid forever thereafter. {)4fi"\
14. COUNSEL FEES AND EXPENSES
Each party shall be responsible for the payment of his or her own counsel fees and
expenses, except as otherwise specified herein.
15. TAX MATTERS
The parties have negotiated this Agreement with the understanding and intention
to equally divide their marital property. The parties have determined that such equal division
contonns to a right and just standard with regard to the rights of each party. The division of
existing marital property is not, except as may be otherwise expressly provided herein, intended
by the parties to constitute in allY way a sale or exchange of assets. It is illlderstood that the
property transfers described in this Agreement fall within the provisions of section 1041 of the
Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the
transfer by the transferor.
16, ADVICE OF COUNSEL
The parties acknowledge that each has received or has had the opportunity to
receive independent legal advice from counsel of their selection and that they have been informed
fully as to their legal rights and obligations, including all rights available to them under the
Pennsylvania Divorce Code of 1980 as amended, and other applicable laws.
Each party confirms that he/she understands fully the terms, conditions, alld
provisions of this Agreement alld believes them to be fair, just, adequate and reasonable under the
existing circumstances. The parties further confirm that each is entering into this Agreement
8
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freely alld voluntarily and that the execution of this Agreement is not the result of allY duress,
undue influence, collusion, or improper or illegal agreement.
17. EFFECT OF DIVORCE DECREE ON AGREEMENT
The parties agree that this Agreement shall continue in full force alld effect after
such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of
the Decree, the provisions of this Agreement may be incorporated by reference or in substance,
but they shall not be deemed merged into such Decree. The Agreement shall survive any such
Decree in Divorce, shall be independent thereof: alld the parties intend that all obligations
contained in this Agreement shall retain their contractual nature in any enforcement proceedings,
whether enforcement is sought in :l11 action on the contract itself at law or in equity, or in any
enforcement action filed to the divorce caption as provided in Section 3] 05(a) of the Divorce
Code, as amended. However, as provided in Section 3l05(c), provisions of this Agreement
regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall
not be subject to modification by the Court.
18, DATE OF EXECUTION
The "date of execution", "date of this agreement" or "execution date" of this
Agreement is the date upon which it is signed by the parties ifthey sign the Agreement on the
same date. Otherwise, the "date of execution", "date of this agreement" or "execution date" shall
be the date on which the last party signed tins Agreement.
19. HEADINGS NOT PART OF AGREEMENT
The descriptive headings preceding the paragraphs are for convenience and shall
not affect the meaning, construction or eftect of this Agreement.
20. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS
9
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Each separate obligation shall be deemed to be a separate alld independent
covenal1t alld agreement. If allY term, condition, clause or provision of this Agreement shall be
determined or declared to be void or invalid in law or otherwise, then only that term, condition,
clause or provision shall be stricken from this Agreement and in all other respects this Agreement
shall be valid and continue in full force, effect and operation.
21. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding on and shall ensure to the benefit of the parties
and their respective heirs, executors, administrators, successors, and assigns.
22. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes
any and all prior agreements and negotiations between them. There are no representations,
warranties, COVenallts or promises other than those expressly set forth in this Agreement.
23. MODIFICATION OR WAIVER TO BE IN WRITING
No modification or waiver of any term of this Agreement shall be valid unless in
WTiting and signed by both parties.
24. NO WAIVER OF DEF AUL T
The failure of either party to insist upon strict performallCe of any term of this
Agreement
shall not constitute a waiver by that party to demalld strict performance in the future.
25. VOLUNTARY EXECUTION
10
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The parties acknowledge that this Agreement is fair and equitable, alld that they
have reached this Agreement fi-eely and voluntarily, without any duress, undue influence,
collusion or improper or illegal agreements.
26. APPLICABLE LAW
This Agreement shall be construed under the laws of the Conunonwealth of
Pennsylvania and more specifically under the Divorce Code of 1980, as mnended.
27. ATTORNEYS' FEES FOR ENFORCEMENT
If either party breaches any provision of this Agreement, the breaching party shall
pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement,
providing that the enforcing party is successful in establishing that a breach has occurred.
28. FULL DISCLOSURE
The respective parties do hereby WalTant, represent and declare and do
acknowledge and agree that each is and has been fully and completely infonned of and is familiar
with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and
income of the other and that each has made a full alld complete disclosure to the other of his or
her entire assets and liabilities and any further enumeration or statement thereof in this Agreement
is specifically waived.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
written above.
WITNESS:
0f;Jno/>\::'.-(
Shirley A. orningstar
~~$~f~
Donald E. Morningstar .
11
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COMMONWEALTH OF PENNSYLVANIA:
: SS
COUNTY OF CUMBERLAND
On this, the n day of 3e9~1oe<- 2002, before me a Notary Public in and for
said County alld State the undersigned officer, personally appeared Donald E. Morningstar,
known to me (or satisfactorily proven) to be the person whose nalne is described to the within
instmment, and acknowledged that they executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and oflicial seal.
My Commission Expires d,- Cl-daJ.-I
Notary ublic
NOTARIAL SEAL
PAMELA A SWITALSKI. Notary Public
Shippensburg, Cumberland county
My Commission Expires Feb. 9, 2004
12
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COMMONWEALTH OF PENNSYLVANIA:
: SS
COUNTY OF CUMBERLAND
fb.
On this, the (;)7 day of ~~2002, before me a Notary Public in and
for said County and State the undersigned offi~~;' personally appeared SHIRLEY A
MORNINGSTAR, known to me (or satisfactorily proven) to be the person whose nanle is
described to the within instrument, alld acknowledged that they executed the Salne for the purpose
therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
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State Commonwealth of Pennsvlvania
Co/City/Dist. of CUMBERLl\ND
Date of Order/Notice 03/24/03
Tribunal/Case Number (See Addendum for case summary)
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
:JJJd. c7.@{)/ - 81,Cf d- {! ((/ / L
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OOriginalOrder/Notice
o Amended Order/Notice
@ Terminate Order/Notice
.
COMMONWEALTH OF PA
C/O PAYROLL OPERATIONS
ATTACHMENTS RESEARCH UNIT
PO BOX 8006
HARRISBURG PA 17105-8006
RE: MONINGSTAR, DONALD E.
Employee/Obligor's Name (Last, First, Mil
163-24-9515
Employee/Obligor's Social Security Number
7801100864
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
EmployerMlithholder's Federal EIN Number
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current support
$ 0 . Doper month in past-due support Arrears 12 weeks or greater? 0 yes @ no
$ 0.00 per month in medical support
$ 0 . DOper month for genetic test costs
$ per month in other (specify)
for a total of $ 0.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0.00 per weekly pay period.
$ 0.00 per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (twice a month).
$ 0.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin Withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #10 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
Date of Order:
.. ~ 4l0Q3.
v IJG
Form EN-028
Worker 10 21005
BY THE
Service Type M
~
.~ B No.. 0970-0154
.-03
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If ~hecked you are required to provide a copy of this form to your employee. If your employee works in a state that is
ditterent from the slate that issued this order, a copy must be provided to your employee even ilthe box is not checked.
1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned
businesses located on a reservation that choose to withhold in accordance with this notice.
,
2. Priority: Withholding under this Order/Notice has priority over any other legal process under State iaw against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
4. '* R~13oltil.g tl.e PAydatelD~ of'.fy'itl.l.oldil Ig. YOu IlItlst h:;p6Illl.~ pAydateldate of nitl.l.olding nl.EII sel.d;llg. tLe p&ylllellt. TI.e.
paydal:t/dAtt of vvitl.l.oldillg is ll.c date 011 nl,;c:L anlOUlIl naS nitl.l.eld Noll, the el1,plOyee's nages. You must comply with the law of the
state of the employee'siobligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor al/ support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #1 0 below)
6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 2321722990
EMPLOYEE'S/OBLlGOR'S NAME:
EMPLOYEE'S CASE IDENTIFIER:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
MONINGSTAR, DONALD E.
7801100864 DATE OF SEPARATION:
7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylv~nia State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
9. Anti.<fiscrimination: You are subject to a fine detennined under State law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law
governs unless the obligor is employed in another State, in which case the law olthe State in which he or she is employed governs.
10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.s.c. ~1673 (b)l; or 2) the amounts allowed by the State of the employee'siobligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxesi Social Security taxes; and Medicare taxes.
11. Additionallnfa:
. NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Submitted By:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (7171 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2
Form EN-028
Worker ID 21005
Service Type M
OMS No.: 0970-0154
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In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
SHIRLEY A. MORNINGSTAR ) Docket Number 01-3642 CIVIL
Plaintiff )
vs. ) PACSES Case Number 127103883
DONALD E. MONINGSTAR )
Defendant ) Other State ID Number
ORDER
AND NOW, to wit, on this
24TH DAY OF MARCH, 2003
IT IS HEREBY
ORDERED that the support order in this case be 0 Vacated or OSuspended or
(i) Terminated without prejudice or 0 Terminated and Vacated,
effective OCTOBER 22, 2002 ,due to:
THE PARTIES' DECREE IN DIVORCE. THERE IS NO BALANCE DUE THE PLAINTIFF.
DRO: RJ Shadday
xc: plaintiff
defendant
Jane Adams, Esquire
Karl Hildabrand, Esquire
BY THE COURT:
~"'~
Edgar B. Bayley , JUDGE
iJitAllJtD
,?~<I'6
Form OE-504
Worker ID 21005
Service Type M
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MAY 23 03
P.S.E.R.S,
In The Court Of Common Pleas
Of Cumberland County, Pennsylvania
JUN 1 2 2003
C/
Plaintiff
Shirley A. Morningstar
Docket No. 01-3642
In Divorce
v.
Defendant
Donald E. Morningstar
ACTION IN DIVORCE
DOMESTIC RELATIONS ORDER
And Now, this 1"2- day of ,) ~
Stipulation and Agreement of the parties is hereby made a Domesti
,~
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, 2r1f.7, this
elations Order.
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03-28'{)3-32&0948Q
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In The Court Of Common Pleas
Of Cumberland County, Pennsylvania
RECEIVED
M~Y 23 03
p.s,LR's,
P I a i ntiff
Shirley A. Morningstar
Docket No.' 01-3642
In Divorce
v.
Defendant
Donald E. Morningstar
ACTION IN 'DIVORC~UN 1 2 2003
STIPULATION AND AGREEMENT
AND NOW, the parties, Shirley A. Morningstar, Plaintiff, and
Donald E. Morningstar, Defendant, do hereby Stipulate and Agree as follows:
1. The parties .hereto were husband and wife, and a divorce action is in this
Court at the above number, and this Court has personal jurisdiction over the parties.
The parties were married on June 29, 1958 and divorced on October 22, 2002.
.
2. Shirley A. Morningstar, hereinafter referred to as "Member," is a member
of the Commonwealth of Pennsylvania, Public School Employees' Retirement System,
hereinafter referred to as "PSERS."
3. PSERS, as a creature of statute, is controlled by the Public School
Employes' Retirement Code, 24 Pa. C.S. Section 8101 et.seq. ("Retirement Code").
4. Donald E. Morningstar, hereinafter referred to as "Alternate Payee," is the
former spouse of Member.
5. The name, last known address, social security number, and date of birth
of the plan "Member" are:
Name: Shirley A. Morningstar ("Member")
Address: 405 Front Street, Boiling Springs, Pennsylvania 17007-9793
Social Security Number: 190-28-0481
Birth Date: July 4, 1935
6. The name, last known address, social security number, and date of birth of
the "Alternate Payee" are: '
Name: Donald E. Morningstar ("Alternate Payee")
Address: 18 Hendel Loop, Carlisle, Pennsylvania 17013
Social Security Number: 163-24-9515
Birth Date: January 19, 1932
It is the responsibility of Alternate Payee to keep a current mailing address on file with
PSERS at all times.
7. Fifty percent (50%) of the Member's monthly retirement benefit is to be
allocated to Alternate Payee for the purpose of equitable distribution of this marital
asset.
DRAFTED: 5/16103
03-28-03-326-0948Q
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8. Member's retirement benefit is defined as all rR&.lfe~'~aid to or on behalf
of Member of PSERS" including any lump sum withdrawals or scheduled or ad hoc
Increases, but excluding the disability portion of any disability annuities paid to
Member by PSERS or any deferred compensation benefits paid to Member by
PSERS, Equitable distribution of the marital property component of Member's
retir~ll!ent ~enefit, as set forth in Paragraph Seven (7) shall commence as soon as
administratively feasible after the entry of this Stipulation and Agreement as a
Domestic Relations Order is acceptable to PSERS.
'- 9. The Alternate Payee shall not be considered as the surviving spouse for.
any death benefits.
10. The type and amount of Member's retirement benefit payable under the
terms of this Stipulation and Agreement after its entry as a Domestic Relations Order
acceptable to PSERS is dependent upon which option{s) is (are) selected by Member
upon retirement. Member and Alternate Payee expressly agree that:
(a) Member may elect the maximum retirement annuity available under
the PSERS,
11 . In the event that the Member predeceases the Alternate Payee after
retirement, all payments to the Alternate Payee shall cease. In the event that the
Alternate Payee predeceases the Member after payments commence, his share of the
Member's benefit shall revert to the Member.
12. Alternate Payee may not exercise any right, privilege or option offered by
PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for
amounts paid to each.
13. In no event shall Alternate Payee have greater benefits or rights other than
those which are available to Member. Alternate Payee is not entitled to any benefit not
otherwise provided by PSERS. The Alternate Payee is only entitled to the specific
benefits offered by PSERS as provided in this Stipulation and Agreement. All other
rights, privileges and options offered by PSERS not granted to Alternate Payee are
preserved for Member.
14. It is specifically intended and agreed by the parties hereto that this
Stipulation and Agreement:
(a) Does not require PSERS to provide any type or form of benefit, or
any option not otherwise provided under the Retirement Code;
(b)
Does not require PSERS to provide increased benefits
(determined on the basis of actuarial value) unle~s. increased
benefits are paid to Member based upon cost of irving or Increases
based on other than actuarial values.
15. The parties intend and agree that the terms of this Stipulation and
Agreement shall be approved, adopted and entered as a Domestic Relations Order.
16 The Court of Common Pleas of Cumberland County, Pennsylvania, shall
retain juri~diction to amend any Domestic Relations Order based on this Stipulation
DRAFrED: 5/16/03
03-2S-Q3-32lHl948Q
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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.
17. Upon its entry as a Domestic Relations Order, a certified copy of this
Stipulation and Agreement and any attendant 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, do hereunto place their hands and seals.
Date"'r ILl !MtJ3
Dated:~ '~) ~j
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Donald E. Morningstar'
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D3-28-{)3..32&0948Q
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In the Court of Common Pleas
Of Cumberland County, Pennsylvania
Plaintiff
Shirley A. Morningstar
Docket No. 01 - 3642
v,
Defendant
Donald E. Morningstar
ACTION IN DIVORCE
DOMESTIC RELATIONS ORDER
And now, this l'2--0ay of ~ ~ 2003, this Stipulation and
Agreement is hereby made a Domestic Relations Order.
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JUN '\ 2 2003
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In the Court of Common Pleas
Of Cumberland County, Pennsylvania
JUN 1 2 2003
C/
Plaintiff
Shirley A. Morningstar
Docket No. 01 - 3642
v.
Defendant
Donald E. Morningstar
ACTION IN DIVORCE
STIPULATION AND AGREEMENT
AND NOW, the parties, Shirley A. Morningstar, Plaintiff, and Donald E.
Morningstar, Defendant, do hereby Stipulate and Agree as follows:
1. The parties hereto were husband and wife, and a divorce action is in
this Court at the above nlUmber, and this Court has personal jurisdiction over the
parties. The parties were married on July 29, 1958 and divorced on October 22,
2002.
2. Donald E. Morningstar, hereinafter referred to as "Member" is a
member of the Commonwealth of Pennsylvania, State Employes' Retirement
System, hereinafter referred to as "SERS."
3. SERS, as a creature of Statute, is controlled by the State Employes'
Retirement Code, 71 Pa.C.S. Section 5101-5956 ("Retirement Code").
4. Shirley Morningstar, hereinafter referred to as "Alternate Payee" is the
former spouse of Member.
5. The name, last known address, social security number, and date of
birth ofthe plan "Member" are:
Name: Donald E. Morningstar ("Member")
Address: 18 Hendel Loop, Carlisle, Pa.17013
Social Security No. #163-24-9515
Birth Date: January 19,1932.
6. The name, last known address, social security number, and date of
birth ofthe "Alternate Payee" are:
,.
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Name: Shirley Morningstar ("Alternate Payee")
Address: 4051=ront St., Boiling Springs, Pa. 17007-9793
Social Security No. #190-28-0481.
Birth Date: July 4, 1935.
It is the responsibility ofthe Alternate Payee to keep a current mailing address
on file with SERS at all times.
7. Member is currently receiving a monthly annuity pursuant tothe terms
of a Full Retirement Allowance. The Alternate Payee shall receive fifty percent
(50%) of the Member's monthly annuity payment for the balance of the Member's
lifetime together with 100% of any benefit payable by SERS after the death of the
Member.
8. Member's retirement benefit is defined as all monies paid to or on
behalf of a Member of SERS, including any lump sum withdrawals, but excluding
the disability portion of any disability annuities paid to Member by SERS or any
deferred compensation benefits paid to Member by SERS. Equitable distribution
of the marital property component of Member's retirement benefit, as set forth in
Paragraph Seven (7) shall commence as soon as administratively feasible after
the entry of this Stipulation and Agreement as a Domestic Relations Order is
acceptable to SERS.
9. Alternate Payee may not exercise any right, privilege or option offered
by SERS. SERS shall issue individual tax forms to Member and Alternate Payee
for amounts paid to each.
10. Member and Alternate Payee acknowledge that at the time the
Member filed a retirement application with SERS, the Member elected to receive
a monthly annuity based on the terms of the Full Retirement Allowance. The
parties further acknowledge that when the Member retired, he also elected to
withdraw his accumulated deductions, as a result no death benefit shall be
payable and all monthly Payments to the Alternate Payee shall cease upon the
death ofthe Member. The Member waives any right to select a different
retirement option due to any change in his marital status.
11. In the event of the death of Alternate Payee prior to receipt of any
payments payable to her from SERS under the terms of this Stipulation and
Agreement, any death benefit or retirement benefit payable to Alternate Payee
by SERS shall revert to Member.
12. In no event shall Alternate Payee have greater benefits or rights other
than those which are available to Member. Alternate Payee is not entitled to any
benefit not otherwise prOVided by SERS. The Alternate Payee is only entitled to
the specific benefits offered by SERS as provided in this Stipulation and
/
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Agreement. All other rights, privileges and options offered by SERS riot granted
to Alternate Payee are preserved for Member.
13. It is specifically intented and agreed by the parties hereto that this
Stipulation and Agreement:
(a) Does not require SERS to provide any type or form of benefit, or
any option not otherwise provided under the Retirement Code;
(b) Does not require SERS to provide increased benefits
(determined on the basis of actuarial value) unless increased
benefits EIre paid to Member based upon cost of living or increases
based on other than Actuarial Values.
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 SERS to provide any type of form or benefit, or any
option not otherwise provijded by SERS, and further provided that no such
amendment or right ofthe Court to so amend will invalidate any existing Order.
16. Upon entry as Sl Domestic Relations Order, a certified copy ofthis
Stipulation and Agreement ctnlff"" attendant documents shall be served upon
SERS immediately. The Domestic Relations Order shall take effect immediately
upon its approval and the approval of any attendant documents by SERS and
shall remain in effect until further Order of Court.
WHEREFORE, the Parties, intending to be legally bound by the Terms of this
Stipulation, do hereunto place their hands and seals,
Date:
.
III 4b1J3
rningstar.
Shirley
'f_ "(,;801
Date: ~ ,...-'\
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~onald E. Morningstar
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In the Court of Common Pleas
Of Cumberland County, Pennsylvania,
Plaintiff
Shirley A. l\IIorningstar
Docket No. 01 - 3642
v.
Defendant
Donald E. l\IIorningstar
ACTION IN DIVORCE
AMENDED DOMESTIC RELATIONS ORDER
ANQ NOW, this -r
DECREED! as follows:
day of July, 2003, it is therefore ORDERED and
The ,Domestic Relations Order of June 12, 2003, regarding Donald
Mornings~r's retirement benefits entered by this Honorable Court shall remain
in effect with the following changes:
Paragraph 8 Of the previous Clrder entered in this case, regarding Donald
I
E. Morningstar's SERS retirement plan is amended to state:
8. Member's retirement benefit is defined as all monies paid to or on
behalf of Member by SERS, including any lump sum withdrawals, or
sch~duled ad hoc increases, but excluding the disability portion of any
dis~bility annuities paid to Member by SERS as a result of a disability
whiJh occurs before the Member's marriage to Alternate Payee or after
the ~ate ofthe Member and Alternate Payee's final separation. Member's
retirement benefit does not include any deferred compensation benefits
pai~ to Member by SERS. The equitable distribution portion ofthe marital
property component of Member's retirement benefit, as set forth in
pa31 graph Seven (7) shall be payable to Alternate Payee and shall
co mence as soon as administratively feasible on or about the date the
Me ,ber actually enters pay status and SERS approves as a Domestic
RelJtions Order incorporating this Stipulation and Agreement.
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Pa~agraph 9 Of the previous order entered in this case, regarding Donald
E. Mornin~star's SERS retirement plan is amended to state:
9. Alternate Payee may not exercise any right, privilege or option offered
by SERS. i SERS shall issue individual tax forms to Member and Alternate Payee
for amounts paid to each. In addition, Member shall execute and deliver to
. AlternateiPayee an authorization form acceptable to SERS, which will authorize
SERS to ~elease to Alternate Payee all relevant information concerning
Member'~ retirement account. Alternate Payee shall deliver the authorization to
SERS whlch will allow the Alternate Payee to insure that this Order is being
complied !with.
ORDERED and DECREED "'s "7 day of :J ~
,2003
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In the Court of Common Pleas
Of Cumberland County, Pennsylvania
Plaintiff
Shirley A. Morningstar
Docket No. 01 - 3642
v.
Defendant
Donald E. Morningstar
ACTION IN DIVORCE
PETITION FOR AMENDED DOMESTIC RELATIONS ORDER
AND NOW COMES, Shirley A. Morningstar, by and through her attorney,
Jane Adams, and respectfully represents the following:
1. Plaintiff is Shirley A. Morningstar, of 405 Front St., Boiling Springs, Pa.
17007.
2. Defendant is Donald E. Morningstar, of 18 Hendel Loop, Carlisle, Pa.
17013.
3. Pursuant to a marriage settlement agreement executed by the parties,
and filed under the above-caption, a Domestic Relations Order was submitted
and approved by this HOllorable Court on June 12, 2003, regarding Donald E.
Morningstar's retirement with the State Employees' Retirement System.
(Hereinafter referred to as SERS).
4. Prior to submission to the Court, the Domestic Relations Order was
reviewed by Deb Thumma, an employee of SERS, and she indicated that the
Domestic Relations Order would be acceptable to SERS.
5. On or about June 30, 2003, Deb Thumma of SERS contacted counsel
requesting changes to the existing Domestic Relations Order.
6. Attorney for Defendant, Karl Hildabrand, Esquire, has been contacted
regarding this matter, has reviewed the proposed changes, and has no
opposition to the entry of this Order.
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WHEREFORE, Plaintiff, Shirley A. Morningstar, requests that this
Honorable Court approve the requested changes to the Order of June 12, 2003.
Respectfully submitted,
Date: 7.s. () J
Ja e Adams, Esquire
I. . No. 79465
South Pitt St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
SHIRLEY MORNINGSTAR
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CERTIFICATE OF SERVICE
I, Jane Adams, ESq]uire, hereby certify that a true ",nd correct copy of the
within Petition has been served upon the following individual, by United States
Mail, first class, postage prepaid, in Carlisle, Pennsylvania on the ~Ve;J day of
:5v~
,20~
Karl Hildabrand, Esquire
Nestico, Druby & Hildabrand, LLP
840 East Chocolate Avenue
Hershey ,Pa. 17033-1213
Date:
j- ).3
By:
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JUL u 3 2003
In the Court of Common Pleas
Of Cumberland County, Pennsylvania
Plaintiff
Shirley A. Morningstar
Docket No. 01 - 3642
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Defendant
Donald E. Morningstar
ACTION IN DIVORCE
PETITION FOR AMENDED DOMESTIC RELATIONS ,ORDER
AND, NOW COMES, Shirley A. Morningstar, by and through her attorney,
Jane Adams, and respectfully represents the following:
1. Plaintiff is Shirley A. Morningstar, of 405 Front St., Boiling Springs, Pa.
17007. '
2. Defendant is DOlllald E. Morningstar, of 18 Hendel Loop, Carlisle, Pa.
17013.
3. PlJrsuant to a marriage settlement agreement executed by the parties,
and filed u!'ider the above-caption, a Domestic Relations Order was submitted
and approved by this Honorable Court on June 12, 2003, regarding Donald E.
Morningstar's retirement with the State Employees' Retirement System.
(Hereinaft+r referred to as SERS). ,
4. Prior to submission to the Court, the Domestic Relations Order was
reviewed ~y Deb Thumma, an employee of SERS, and she indicated that the
Domestic ~elations Order would be acceptable to SERS.
i '
5. l' or about June 30, 2003, Deb Thumma of SERS contacted counsel
requesting changes to the existing Domestic Relations Order.
6. ttorney for Defendant, Karl Hildabrand, Esquire, has been contacted
regarding this matter, has reviewed the proposed changes, and has no
opposition Ito the entry of this Order.
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WHEREFORE, Plaintiff, Shirley A. Morningstar, requests that this
Honorable Court approve the requested changes to the Order of June 12, 2003.
Date: 7" S . 0 J
Ja e Adams, Esquire
I. . No. 79465
South Pitt St.
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PLAINTIFF
SHIRLEY MORNINGSTAR
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CERTIFICATE OF SERVICE
I, Jane Adams, Esquire, hereby certify that a true and correct copy of the
within Petition has been served upon the following individual, by United States
Mail, first class, postage prepaid, in Carlisle, Pennsylvania on the ~~ day of
:Ju~_
, 200";
Karl Hilda~rand, Esquire
Nestico, Druby & Hildabrand, LLP
840 East Chocolate Avenue
Hershey,Pa.17033-1213
Date:
j" 3-3
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SHIRLEY A. MORNINGSTAR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 01 - 3642 Civil Term
DONALD E. MORNINGSTAR,
Defendant
: ACTION IN DIVORCE
ORDER OF COURT
AND NOW, this ~t."d Day of ~
, 2004, is hereby ORDERED AND
DECREED that Jane Adanls, Esquire, is permitted to withdraw her appearance in the above-
captioned matter.
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cc: ~ane Adanls, Esquire
./Karl Hildabrand, Esquire ?
/,Shirley Morningstar
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SHIRLEY A. MORNINGSTAR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: No. 01 - 3642 Civil Term
DONALD E. MORNINGSTAR,
Defendant
: ACTION IN DIVORCE
MO'fION TO WITHDRAW APPEARANCE
1. Movant, Jane Admns, Esquire (hereinafter referred to as "COUflSel") currently
represents Shirley A. Morningstar in the above-captioned matter.
2. A Rule was recently issued in this matter, which is returnable within thirty (30) days.
(See Exhibit A).
3. Counsel believes a conflict of interest has arisen which makes it impossible to
continue representing Plaintiff in this matter.
4. Counsel believes that professional considerations require termination of the
representation.
5. Counsel has indicated to Defendant that she could not further represent her.
6. Counsel does not believe her withdrawal would materially adversely affect Defendant.
WHEREFORE, Movant requests this Honorable Court to grant permission to withdraw
her appearance on behalf of Shirley A. Morningstar.
Date: '3 - ( 7 - 0 i
ane Admns, Esquire
.D. No. 79465
6 South Pitt St.
Carlisle, Pa. 17013
(717) 245-8508
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MAR 1 0 2004 Y
SHIRLEY A. MORNINGSTAR, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-3642 CIVIL TERM
DONALD E. MORNINGSTAR, : ACTION IN DIVORCE
Defendant
RULE TO SHOW CAUSE
AND NOW, this
ll.-
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day of 7'Yt ~ .200'fupon
consideration of Defendant's Petition to Enforce MarriageSettiement Agreement
Pursuant to Pa.R.c.P. 3105, a rule is hereby issued upon Plaintiff to show cause,
if any she has, why the relief requested herein should not be granted.
Rule returnable 3D
days after service hereof,
BY THE COURT:
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TRUE COpy FROM RECORD
In Temimony wMroof. i here l:llt{l $5t my haoo
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CERTIFICATE OF SERVICE
AND NOW, this March llfj'004, I, Jane Adan1s, hereby certifY that a copy of the
PETITION has been duly served upon the following parties, by placing such in the custody of the
United States Postal Service, via certified mail, postage pre-paid addressed to:
Karl Hildabrand, Esquire
Nestico, Druby & Hildabrand, LLP
840 East Chocolate Avenue
Hershey,Pa.17033-1213
Attorney for Donald Morningstar
Shirley Morningstar
405 Front Street
Boiling Springs, Pa. 17007
Plantiff
ane Adanls, Esquire
.D. No. 79465
36 South Pitt St.
Carlisle, Pa. 17013
(717) 245-8508
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SHIRLEY A. MORNINGSTAR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 01 - 3642 Civil Term
DONALD E. MORNINGSTAR,
Defendant
: ACTION IN DIVORCE
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw my appearance for Plaintiff, Shirley A. Morningstar, in the above-
captioned matter.
Date: 3/7;;0/0 '1
ane Adan1s, Esquire
36 South Pitt St.
Carlisle, Pa. 17013
(717) 245-8508
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Mill? 1 Il 2004
SHIRLEY A. MORNINGSTAR,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: No. 01 - 3642 Civil Term
DONALD E. MORNINGSTAR,
Defendant
: ACTION IN DIVORCE
ORDER OF COURT
AND NOW, this ~~ Day of {f)CllI..Ch
, 2004, is hereby ORDERED AND
DECREED that Jane Admns, Esquire, is permitted to withdraw her appearance in the above-
captioned matter.
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cc: Jane Adanls, Esquire
Karl Hildabrand, Esquire
Shirley Morningstar
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NESTICO,DRUBY & HILDABRAND, PC
ATTORNEYS AT LAW
840 East Chocolate Avenue, Hershey, PA 17033
Phone (717) 533-5406 Fax (717) 533-5717
www.hersheypalaw.com
March 25, 2004
The Honorable Edgar B. Bayley
Cumberland County Court of Common Pleas
One Courthouse Square
Carlisle, P A 17013
RE: Morningstar v. Morningstar
Docket No. 01-3642
Dear Judge Bayley:
On March 12, 2004 you issued a Rule to Show Cause upon the filing of
Defendant's Petition to Enforce Marriage Settlement Agreement. Thereafter, you
signed an Order permitting Attorney Adams to withdraw as counsel for Mrs.
Morningstar. I have been advised by my client that Mrs. Morningstar has now
reimbursed Mr. Morningstar for the full amount sought in the petition. Mr.
Morningstar has advised me that he wishes to withdraw the petition at this time and
not pursue his claim for counsel fees or other potential sanctions. Accordingly, please
consider Defendant's Petition withdrawn at this time. Thank you.
Very truly yours,
NESTICO, DRUBY & HILDABRAND, LLP
~R~~~
Karl R. Hildabrand*
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cc: Donald Morningstar
Shirley Morningstar, pro se
*Board Certified in civil
trial law and advocacy
by the National Board
of Trial Advocacy
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SHIRLEY A. MORNINGSTAR,
Plaintiff
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MAR 1 0 2004 r V
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-3642 CIVIL TERM
DONALD E. MORNINGSTAR, : ACTION IN DIVORCE
Defendant
RULE TO SHOW CAUSE
\ 'd. .lrj.., ""iYI n
day of II ~ . ;x:QL/, upon
AND NOW, this
consideration of Defendant's Petition to Enforce Marriage Settlement Agreement
Pursuant to Pa.R.c.P. 3105, a rule is hereby issued upon Plaintiff to show cause,
if any she has, why the relief requested herein should not be gTanted.
Rule returnable 3a
days after service hereof.
BY~~
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SHIRLEY A. MORNINGSTAR,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-3642 CIVIL TERM
DONALD E. MORNINGSTAR,
Defendant
ACTION IN DIVORCE
DEFENDANT'S PETITION TO ENFORCE MARRIAGE SETTLEMENT
AGREEMENT PURSUANT TO 23 Pa.C.S.1l3105
1. Petitioner is Donald E. Morningstar, the Defendant in the above
captioned divorce action.
2. Respondent is Shirley A. MorningstaT, the Plaintiff in the above
captioned divorce action.
3. Following a pre-hearing conference before Divorce Master Robert
Elicker, Esquire, on August 23, 2002, the paTties reached an agreement of the
economic issues in conjunction with their divorce.
4. By Marriage Settlement Agreement dated September 27, 2002, a
copy of which is attached hereto as Exhibit A and incorporated herein by
reference, the parties in paragraph 7 agreed to divide husband's retirement
benefit (in pay status) from the Pennsylvania State Employees Retirement System
and wife's retirement benefit (in pay status) from the Public School Employees
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Retirement Systems each in half. This document was filed with the Court on
October 8, 2002.
5. The agreement specifically provided: "The parties shall arrange
and pay for the preparation of Qualified Domestic Relations Orders with respect
to both retiTement plans with 50% of husband's TetiTement plan to be paid to
wife and 50% of wife's retirement plan to be paid to husband. The paTties shall
share equally the expense of the preparation of and approval of the Qualified
Domestic Relations Orders."
6. On October 22, 2002 the parties were divorced. Attached hereto,
marked as Exhibit B and incorporated herein by reference is a copy of the Decree
in Divorce which provides: "It is further Ordered and Decreed that the terms
and conditions of the Marriage Settlement Agreement filed October 8, 2002 are
incorpOTatedherein by reference."
7. In order to implement the provisions of paragraph 7 of the
Marriage Settlement Agreement the parties cooperated in the preparation of two
Qualified Domestic Relations Orders, the Orders were approved, and submitted
to the Pennsylvania State Employees Retirement System (SERS) and the Public
School Employees Retirement System (PSERS) for simultaneous implementation.
3
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8. Simultaneous implementation of the QDRO's was specifically
discussed between counsel fOT both parties and a specific agreement was Teached
between counsel that every effort would be made to have them approved and
implemented by the two Tetirement systems at the same time but that if that did
not occur due to administrative processing the party receiving more than half of
the benefit under their own plan after that party started to receive half of the
benefit under the other paTties plan would reimburse the other party one half of
their own benefit to properly effectuate the terms of the agTeement.
9. On June 13, 2003, after both QDRO's had been approved by the
Court, Attorney Adams on behalf of Respondent/Plaintiff Shirley A
Morningstar submitted Domestic Relations Orders simultaneously to the State
Employee Retirement System and the Public School Employees Retirement
System. Attached hereto, marked as Exhibit C and incorporated herein by
reference are copies of Attorney Adams letters.
10. In the aforesaid letters from Attorney Adams she specifically states:
"I am forwarding a virtually identically QDRO to (PSERS or SERS) at the same
time. We would like to have both of these QDRO's go through at the same
tj. "
me.
4
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11. Subsequent to initial submission SERS requested revisions to the
QDRO with respect to Mr. Momingstar.
12. The parties cooperated in amending the Domestic Relations Order,
which Order was signed by Judge Bayley on July 7, 2003 and submitted to SERS
by Attomey Adams letter of July 9, 2003.
13. The QDRO submitted to Mr. Momingstar's retirement system,
SERS, was approved on or about July 23, 2003 and implemented in August of
2003. However, PSERS did not approve the QDRO regarding Mrs. Momingstar's
retirement until on or about December 8, 2003 after Attomey Adams had
submitted a copy of the requested Divorce Decree.
14. Accordingly, the QDRO on MTs. Momingstar's pension benefit was
not implemented until January of 2004.
15. This delay in implementation resulted in an overpayment to Mrs.
Momingstar in the amount of $5,920.00 (one half of Mrs. Momingstar's monthly
pension of $2,360.08 or $1,180.04 times five months (August, September, October,
November and December)) plus interest.
16. Counsel for Petitioner/Defendant has Tequested in writing several
times to counsel for Respondent/Plaintiff Mrs. MomingstaT that these payments
be reimbursed immediately. See letters attached heTeto as Exhibit D.
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17. Respondent/Plaintiff has failed and refused to reimburse
Petitioner/Defendant.
18. The Marriage Settlement Agreement and the subsequent verbal
agreement between counsel are binding contracts and Respondent/Plaintiff
Shirley A. Morningstar is in breach of said contracts.
19. Furthermore, PetitioneT/Defendant seeks to specifically enforce the
agreements of the parties to prevent unjust enrichment to the
Respondent/Plaintiff.
20. In addition, Petitioner/Defendant requests that this Court hold
Respondent/Plaintiff in contempt of court pursuant to 23 Pa.C.S. 83105 and other
applicable authority.
21. Furthermore, paragraph 27 of the Marriage Settlement Agreement
specifically provides as follows:
Attorney's fees for enforcement
If either party bTeaches any provision of this AgTeement, the
breaching party shall pay all reasonable legal fees and costs
incurred by the other in enforcing this Agreement, providing that
the enforcing party is successful in establishing that a breach has
occurred.
6
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22. Petitioner/Defendant further aveTS that in addition to the
sums owed by Respondent to Petitioner herein, Petitioner seeks an awaTd of
counsel fees and costs against Respondent for the Teasons set forth above,
23. Petitioner/Defendant furtheT seeks such other relief as the Court deems
equitable and just under all the circumstances.
NESTICO, DRUBY & HILDABRAND, L.L.P.
D," 5' (4/oi
By:~y6~-
Karl R Hildabrand, Esquire
Attorney J.D. No. 30102
840 East Chocolate Avenue
Hershey, PA 17033
(717) 533-5406
Attorney for Donald Morningstar
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MARRIAGE SETTLEMENT AGREEMENT
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THlS AGREEMENT, made this ~) } 1/'
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day of ')<-t Ii' .
2002, by and between
DONALD E. MORNINGSTAR (hereinafter "Husband") and SHIRLEY A. MORNINGSTAR
(hereinafter "Wife"),
WHEREAS. the parties are Husband and Wife. married on June 29. 1958: and
WHEREAS, two children were born of the marriage. BronIy E. Morningstar (d.o.b
7/14/59) and Laura L. Morningstar (d.o.b. 2118/64); and
WHEREAS, unhappy differences and difficulties have arisen between the parties, in
consequence of which the parties intend to live separate and apart tor the rest of their natural
lives; and
WHEREAS, the parties desire to settle fully and tinally their respective financial and
property rights and obligations as between each other, including but not limited to the ownership
aI1d equitable distribution of real and personal property; past, present and future support. alimony
and/or maintenance; and any and all claims which either party has, or may have, against the other
or the other's estate;
NOW, THEREFORE, in consideration of the mutual promises, covenants and
undertakings hereinafter set forth and for other good and valuable consideration. receipt of which
the parties acknowledge, Husband and Wife, each intending to be legally bound. hereby covenant
and agree as follows:
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1. SEPARATION
Each party shall have the right to live separate and apart from the other pany. free hom the
other party's interference, authority and control. Neither party shall interfere with the other or
attempt to interfere with the other, nor compel the other party's cohabitation.
2. HUSBAND'S AND WIFE'S DEBTS
Except as otherwise set forth in this Agreement. the parties represent and warrant to each
other that they have not incurred and will not contract or incur any debt or liability forwhieh the
other or the other's estate might be responsible. Each party shall indemnify and save harmless the
other party fi'om any and all claims or demands made against the other by reason of debts or
obI igations incurred by that party.
3. WAIVER OF RIGHTS AND MUTUAL RELEASES
Except as provided in this Agreement. both parties ahsolutely and unconditionally release
and forever discharge each other and their heirs, executors, administrators. assigns, property and
estate fi'om any and all rights, claims, demands or obligations arising out of or by virtue of the
marital relationship, whethcr such claims exist now or arise in the future. This release shall be
effective regardless of whether such claims arise out of former or future acts. contracts.
engagements or liabilities of the parties or by way of dower. curtesy. widow's rights, family
exemption or similar allowance. or under the intestate laws. or the right to take against the
spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other
rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the
laws of Pennsylvania. any state, commonwealth or territory orthe United States. or (lther cOllntry.
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Except t(lr any calise of action 1(11' divorce which either party may have or claim to have.
and except for the obligations of the parlJes contained in this Agreement. each party gives tu the
other an absolute and unconditional release and discharge from all causes of action, claims. rights
or demands whatsoever, in law or in equity, which either party ever had or now has against the
other.
4. REAL ESTATE
The parties during the marriage owned as tenants by the entireties improved real property
situated at 218 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania
(hereinafter "Marital Residence"). The parties agree to use their best and reasonable efforts to sell
the marital residence as soon as possible. The parties will cooperate in the listing and pricing of
said property for sale and will lollow the reasonable advicc of the listing realtor in establishing a
listing and sale price. The parties further agree to modify the listing price as needed to facilitate a
prompt sale of the property.
The net proceeds of the aloresaid sale, after payment of realtor commission, closing costs
and other expenses, shall be divided equally between the parties. The parties shall share all
necessary and related expenses related to the property li'om the date of this Agreement lip to the
date of sale including wxes. insurance. upkeep, maintenance and the like.
5. DIVISION OF PERSONAL PROPERTY
(a) All items of personal property presently in Husband's possession shall be the sol.:
and separate property of Husband.
(b) All items of personal property presently in Wife's possession shall be the sole and
st:parate property of Wire.
(1. MOTOR VEHICLES
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(i1 I Wik shall retain sole and exclusive possession and/or ownership of the 1006
Ford T.lUrus Sedan. Wife shall be indiVidually responsihle for the payment of any eneumbranees.
leases, loans and automobile liability insurance on said vehicle and agrees to indemnify and hold
harmless Husband fi-om her failure to carry out said obligation.
(b) Husband shall retain sole and exclusive possession and/or ownership of the 1996
Ford Pickup. Husband shall be individually responsible for the payment of any encumbrances and
automobile liability insurance on said vehicle and agrees to indemnify and hold harmless Wife
from his failme to carry out said obligation.
(c) Both parties agree to execute, within thirty (30) days of the date of this
Agreement. any and all forms. titles and documents neeessary to transfer the aforesaid vehicle
from joint ownership to individual ownership, as specified herein ami to transfer the loan or lease
obligations and encumbrances, if any, Iromjoint obligations to individual obligations as specified
herein.
7. RETIREMENT/PENSION/PROFIT SHARING/PLANS
The parties acknowledge that husband is currently receiving retirement benetits from the
Pennsylvania State Employees Retirement Systcm ("SERS"), and wife is receiving retirement
benefits fi'om the Public School Employees Retirement Systems ("PSERS"). The parties shall
arrange and pay for the preparation ofquaJified domestic relations orders with respect to both
retirement plans with 50% of husband's retirement plan to be paid to wife and 50'1., of wife's
retirement plan to be paid to husband, The parties shall share equally the expense of the
preparation and approval of the qual tied domestic relations orders.
rhe parties further acknowledge that husband is the owner of the 1l11lowing individual
retirement account:
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V'lIlguard Star Fund IRA
The parties further acknowledge that witi: is the owner of the lllllowing individual retirement
accounts:
Janus IRA
AlItirst IRA
Lincoln Annuity
The parties agree that the Vanguard Star Fund IRA shall be the sole and separate
property of husband and wife does specifically waive, release. renounce and forever abandon
whatever right. title, interest or claim, she may have in said fund. if any, and it shall become the
sole and separate property of husband hereatter. The parties f11l1her agree that the Janus IRA, the
AllIirst IRA. and the Lincoln Annuity shall become the sole and separate property of wife and
husband does specitically waive, release, renounce and forever abandon whatever right. title,
interest or claim. he may have in said accollnts, if any, and said accounts shall become the sole
and separate property of wife hereinafter.
8. DIVISION OF BANK ACCOUNTS
The parties acknowledge that husband and wife have divided their bank accounts to their
mutual satisfaction. Husband shall retain those funds presently in the PSECU savings. checking
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and CD accounts and wife shall retain those funds in the Orrstown Bank 5a':'i'Rgr?"d checking
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account!>. Any other bank accounts presently in the possession of either party shall become their
sole and separate property and the other party does hereby specifically waive, release, renounce
and forever abandon whatever right, title, interest or claim. ifany. he or she may have in the funds
that are to become the sole and separate property of the other pursuant to the terms of this
agreement.
9. INVESTMENTS
-^
The parties acknowledgc that the !(Jllowing invcstment accounts wcre established
and maintained c1unng thc marriage:
fa) Vanguard Lung Term Tax Exempt (joint)
(b) Vanguard- Windsor Fund
(c) Lord Abbett Fund
(d) Dreyfus Third Century
(e) Dreyfus Municipal Bond
(f) Aim Global
(g) John Hancock Tech A
(h) MBNA Money Market
Each of the flmds specified above in this paragraph shall be divided equally
between husband and wile and both parties shall cooperate and sign those documents necessary to
divide said accounts.
The parties further acknowledge that husband shall retain his Vanguard Long Term
fax Txelnpi Fllnd, whIch is" nOlunaritiifproperty, having inhel'i ted said tund trom his motl1er;s----
estate. Wife hereby specifically waives, releases, renounces and lorever abandons whatever right,
title interest or claim she may have. if <my, in said account.
10. JOINT DEBTS
Any debts or obligations incurred by either party in his/her individual name, other
than those specified herein, whether incurred before or after separation, are the sole responsibility
of the party in whose name the debt or obligation was incurred.
I\. i\FTER-i\COUIREl> 1'lWPERTY
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I'ach ofth~ panies shall own and enjoy, independently of any claim orrighlllfthc
other. all real property and all items of personal property. tangible or intangible. hereafter
acquired, with full power to dispose of the same as fully and effectively as though he or she werc
unmarried. Any property so acquired shall be owned solely by that party and the other party shall
have no claim to that property.
12. LIFE INSURANCE
Husband hereby acknowledges that he is currently the owner of life insurance
policies with Prudential Life Insurance and the Department of Veterans AtTairs Lite. Wife herebv
waives any interest she may have in said policies.
Wile hereby acknowledges that she is currently the OIvncr of a Ii fe insurance
policy with Prudential Life Insurance, Husband hereby waives any interest he may have in said
policy.
Except as stated elsewhere in this Agreement. the parties waive and relinquish
any right or interest, of whatever nature, including claims to the cash valuc of any life insurance
policies which either may have against the other.
13. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY
In exchange for and in consideration of the promises and representations made
hereunder, Husband and Wife hereby waive and release any and all right. title. interest. claims or
demand of whatsoever nature which he or she now has or hereafter can. shall or may have against
the other or the respective separate property of the other under the laws of the Commonwealth of
Pennsylvania or any other governing state. country, territory or jurisdiction in the nature of
spousal support. separate maintenance or support. alimony. either pendente lite. temporary,
rehabilitative. permanent or lump sum, and right to seek equitable llI" community distribution or
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division or assignmel!t ofwoperty or similar mar;,tal right drective n'om the date "("ilx'; I
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14. COU~SEL FEES AND E;:.~j>EN$ES
Each party shall he responsible for the payment of his or her own counsel fees and
expenses. except as otherwise specified herein.
15. IbXMAHERS
The parties have negotiated this Agreement with the understanding and intention
to equally divide their marital property. 1l1e parties have determined that such equa] division
conforms to a right and just stwdard with regard to the rights of each party. The division of
existing marital property is not. except as may be otherwise expressly provided herein.. intended
by the parties to constitute in any way a sale or exchange of assets. It is understood that the
property transfers described in this Agreement fall within the provisions of section 1041 or the
Internal Revenue Code. and as such wi1lnot result in the recognition of allY gain or loss upon the
transter by the transferor.
16. AD_YICEOF_COUNSEL
The parties acknowledge that each has received or has had the opportunity to
receive independent legal advice from counsel of their selection and that they have been informed
fully as to their legal rights ,md obligations, including all rights available to them under the
Pcnnsylvania Divorce Code of 1980 as mncnded, and other applicable laws.
Each party cOllfinns that heishe understands fully the terms, conditions, and
provisions ofthis Agreement al1d believes them to be fair, just. adequate and reasonable under the
existing circumstances, The parties further c<lI1firm tbat each is entering into this Agreement
!
treely and voluntarily and tllat the execution of this Agreernent is not the result of any dmcss.
undue influence. collusiorL or improper ur dJegai agreement
! 7. EFFI3CT OF DIVOJs.~~E DJi.C~R.E.EJ).N AGREEMENT
The parties agree that this Agreement shall continue in filll force and effect after
such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of
the Decree. the provisions of this Agreement lllay be incorporated by reference or in subst:l11ce,
but they shall not be de"med merged into such [)"cree The Agre"ment shall survive any such
Decree in Divorce, shaH b" independent thereof. and the parties intend that all obligations
contained in this Agreement shall retain their contractual nature in any enforcement proceedings,
whether enforcement is sought in all action on the contract itself at law or in equity. or in any
enforcement action filed to the divorce caption as provided in Section 3105(a) of the Divorce
Code. as amended. However. as provided in SectIon 3 I05t c). provisions of this Agreement
regarding equitable distribution. alimony, alimony pendente lite, counsel fees or expenses shall
not be subject to modification by the COllrt.
18. Ilf\If' OF EXECUTION
The "date of execution". "elate oftbis agreement" or "execution date" of this
Agreement is the date upon whidl it is signed by the parties if they sign the Agreemem on the
saIne date. Otherwise. the '\iate ()rexecution"~ "date of this agreetllent" or lI(~xecution daten shall
be the date on which the last party signed this A.greemen!.
14, HEAD!J:~(JS!\!QT PART OF AGREEMENT
The descriptive headings preceding the paragraphs are fix convenience and shall
not affect the meaning, construction or cfleet of this Agreement.
20. SFVEBABILITY ANL1INDEPENDENT AN]~__~JiPA]\.i\TE CQYENANTS
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Each separate or-ligation shall he deemed to be a separate and indepe.ndent
covenant and agreemem. If any leTm, condition, clause or provision of tlils Agreement shall he
determined or declared to be void or invalid in law or otherwise, then only that term, condition,
clause or provision shall be stricken from this Agreement and in all other respects this Agreement
shall be valid and continue in lull force, effect and operation.
21. AGREEMENT BlNDlNG.ON HEIRS
This Agreement shall be binding on and shall ensure to the benefit of the parries
and their respecti ve heirs, executors, administrators, successors, and assigns,
.',~2. INJEGRATTQ.~
This Agreement constitutes the entire understanding oCthe palties and supersedes
.my and all prior agreements and negotiations between them, There are no representations_
warranties, covenants or promises other than those expressly set forth in this Agreement.
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1vl0DIFICATION OR WAIVERIQJHiJN WRIlJNG
No moditication or waiver of any term of this Agreement shall be valid unless in
writing and signed by both pwties.
24, NO WAIVER 01:: DEFAULT
The tailure of either party to insist upon strict perlOrmalKe of any term of this
1"\greelnent
sbalI not constitute a waiver by that party to demand strict perlormance in the future.
25. VOLUNTARY EXECUTION
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The parties acknowledge thai this i\j1J"eement is fair and equitable. and that they
have reached this Agreement ii'eely and voluntarily. without any duress. undue lnl1uence.
coIlusion or improper or illegal aj1J"eements.
26. bPPLlCABLE LAW
This Agreement shall be construed under the laws of the ConU11onwealth of
Pennsylvania and more specifically under the Divorce Code of 1980. as amended.
27. f,TTORNE.YS,'.FEES FOR ENFORCEMENT
If eidler party breaches allY provision ofthis Agreement, the breaching pal1y shall
pay at! reasonable legal fees and costs incurred by the other in enforcing this Agreement.
providing that the enforcing party is succesxful in establishing that a breach has occurred.
2X. FULL DlSCLQSURE
The respective parties do hereby warrant. represent and declare and do
acknowledge and agree that each is and has been fully and completely informed of and is familiar
with and cognizant of the wealth, real and/or personal property, estate and assets. earnings and
income of the other md that each has made a full and complete disclosure to the other of his or
her entire assets and liabilities and any further enumeration or statement thereof iu this Agreement
is specifically waived.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year lirst
written above.
WITNESS:
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Donald E. Morningstar <::7' 7
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COMMONWEALTH OF PENNSVLVANJA :
: SS
COUNTY OF CUMBERLAND
On this. the r~l day of ~j,::p1-er,~,ir-"'~" 2002. belore me a Notary Public ill and for
said County and State the undersigned officer, personally appeared Donald E. I\lomingstar,
known to me (or BatisfactoriIy proven) to be the person whose name is described to the \.vithin
instrument. and acknowledged that they cxecuted the same for the purpose therein contained.
IN \VITNESS WHEREOF, ! have hercunto :;et my hand and official seal.
IV!y Commission Expires ,}- C'i-dCi5-1
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My CommisSion ExP.~~~,,!:'.~P_' ~,,~~~__!
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COMMONWEALTH OF PENNSYLVANIA:
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COUNTY OF CUMBERLAND
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On this. the ()7 day of SQ.,(:5~2002, before me a Notary Public in and
for said County and State the undersigned otlicer. personally appeared SHIRLEY A.
MORNINGSTAR. known to me (or satisfactorily proven) to be the person whose name is
described 10 the within instrument, and acknowledged that they executed the same for the purpose
therein contained.
IN WITNESS WHEREOF, f have hereunto set my hand and official seal.
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EXHIBIT "B"
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
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PENNA.
STt r1:: OF
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Shirley A. Morningstar, Plaintiff
No, 01- :~I{~Civil Term
No.
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VERSUS
Donald E. Morningstar, Defendant
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DECREE IN
DIVORCE
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-~s ORDERED AND
AND NOW,
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Shirley A Morningstar
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DECREED THAT
, PLAINTIFF,
AND
Donald E. Morningstar
. 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
YET BEEN ENTERED; 'tJ~.JL.
FOR WHICH A FINAL ORDER HAS NOT
It is further Ordered and Decreed that the terms and conditions of the marriage
settlement agreement filed October 8, 2002 are incorpora
By THE
ATTEST:
PROTHONOTARY
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In The Court Of Common Pleas Of
Cumberland County Prothonotary's Office
Civil Action No.: 2001-03642
MORMINGSTAR DONALD E
NEWBURG PA 17240
MORNINGSTAR SHIRLEY A
Plaintiff
** VERSUS **
MORNINGSTAR DONALD E
Defendant
You are hereby notified that a Decree in Divorce was
entered in the above captioned case on October 22, 2002.
This letter should not be used in place of the actual
Decree. If you desire a certified copy of this Decree, you
can obtain the same by coming into our office. Please bring
this letter with you. The fee is $9.00 cash or money
order.
If request is made by mail, please enclose $9.00 for
the certified copy of Decree. Also, do not forget to
indicate Civil Action No. on your request.
Pro
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EXHIBIT "C"
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Jane Adams
ATTORNEY AT LAW
36 South Pitt St.
Carlisle, Pa. 17013
Phone:(717) 245-8508 Fax:(717) 245-8538
www.adamslaw.net
June 13, 2003
Deb Hancock
Retirement Benefits Specialist
Public School Employees' Retirement System
P.O. Box 125
Harrisburg, Pa. 17108-0125
Re: Morningstar v. Morningstar.
No. 2001 - 3642
Dear Ms. Hancock:
Enclosed please find a certified true copy of a Domestic Relations Order in the above-
referenced matter, Please recall you recently approved this DRO and it has now been signed by
Judge Edgar Bayley,
Please process this DRO as soon as possible as it has been quite some time since the entry
of the divorce decree.
Also, I am forwarding a virtually identical DRO to SERS at the same time. We would
like to have both of these DRO's go through at the same time. The contact person at SERS is
Deb Thumma. I know that you cannot guarantee coordination of the two orders, however, we
would appreciate all efforts to make sure this DRO is processed promptly and
contemporaneously with the other Order.
Thank you for your kind cooperation and consideration in this matter,
clip?
Jane Adams, Esquire
cc: Karl Hildabrand, Esquire.
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Jane Adams
ATTORNEY AT LAW
36 South Pitt St.
Carlisle, Pa. 17013
Phone:(717) 245-8508 Fax:(717) 245-8538
www.adams1aw.net
June 13, 2003
Darlene Thumma, Legal Division
State Employee Retirement System
P.O. Box 1I47
Harrisburg, Pa. 17108-1147
Re: Morningstar v. Morningstar.
No. 2001 - 3642
Dear Ms. Thumma:
Enclosed please fmd a certified true copy of a Domestic Relations Order in the above-
referenced matter. Please recall you recently approved this DRO and it has now been signed by
Judge Edgar Bayley.
Please process this DRO as soon as possible as it has been quite some time since the entry
of the divorce decree.
Also, I am forwarding a virtually identical DRO to PSERS at the same time. We would
like to have both of these DRO's go through at the San1e time. The contact person at PSERS is
Deb Hancock. I know that you previously indicated that you could not guarantee coordination of
the two orders, however, we would appreciate all efforts to make sure this DRO is processed
promptly and contemporaneously with the other Order.
Thank you for your kind cooperation and consideration in this matter.
Very truly yours,
COpy
Jane Adams, Esquire
cc: Karl Hildabrand, Esquire.
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EXHIBIT "D"
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NESTICO, DRUBY & HILDABR4ND, LLP
ATTORNEYS AT LAW
840 East Chocolate Avenue. Hershey, PA 17033
Phone (717) 533-5406 Fax (717) 533-5717
ww~.hersheypalaw.com
December 16, 2003
Jane Adams, Esquire
117 South Hanover Street
Carlisle, PA 17013
Re: Morningstar v. Morningstar
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Dear Jane:
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I have not heard from you with respect to Mrs. Morningstar's reimbursement of
Mr. Morningsta.r for retirement payments that should have been allocated from her
retirement at the time the QDRO regarding his retirement was put into place. What is
your client's intention? Hopefully we will not have to file suit to obtain this
reimbursement. Please advise immediately. Thank you.
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Very truly yours,
NESTleo, DRUBY & HILDABRAND, LLP
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Karl R. HiIdabrand*
:mlp
cc: Donald Morningstar
.Board Certified in civil
trial law and advocacy
by the National Board
of Trial Advocacy
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NESTICO, DRURY & HILDABRAND, LLP
ATTORNEYS AT LAW
840 East Chocolate Avenue, Hershey, PA 17033
Phone (717) 533-5406 Fax (717) 533-5717
www.hersheypalaw.com
January 6, 2004
Jane Adams, Esquire
36 South Pitt Street
Carlisle, PA 17013
Re: Morningstar v. Morningstar
Dear] ane:
I have not heard from you with respect to Mrs. Morningstar's reimbursement of
Mr. Morningstar for retirement payments that should have been allocated from her
retirement at the time the QDRO regarding his retirement was put into place. What is
your client's intention? Hopefully we will not have to file suit to obtain this
reimbursement. Please advise immediately. Thank you.
Very truly yours,
UNESTICO,DRUBY & HILDABRAND, LLP
~'r:~ R. ~J~CJJ/~__
Karl R. Hildabrand*
:mlp
cc: Donald Morningstar
'Board Certified in civil
trial law and advocacy
by the National Board
of Trial Advocacy
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NESTleo, DRURY & HILDABIUND, LLP
ATTORNEYS AT LAW
840 East Chocolate Avenue, Hershey, PA 17033
Phone (717) 533-5406 Fax (717) 533-5717
www.hershcypalaw.com
January 23, 2004
VIA FAX (717-245-8538) and REGULAR MAIL
Jane Adams, Esquire
36 Sauth Pitt Street
Carlisle, P A 17013
Re: Marningstar v. Marningstar
Dear Jane:
This will canfirm our telephane canversatian af November 25, 2003 and my
subsequent letters to. yau regarding the fact that Mr. Marningstar's pensian benefit was
cut in half in August pursuant to. the QDRO but the QDRO an Mrs. Marningstar's
pensian benefit was nat implemented until January of 2004. Accordingly, in line with
aur agreement when the QDRO's were submitted that they wauld be implemented
simultaneauslyand that any averpayment in the implementation wauld be reimbursed
by the apprapriate party, demand is made upan Mrs. Marningsta,r that she immediately
reimburse Mr. Morningstar in the amaunt af $5,920.00 (1/2 af Mrs. Morningstar's
monthly pensian af $2,360.08 ar $1,180.04 x 5 manths (August, September, Octaber,
Navember and December)). I had requested that Mrs. Marningstar immediately make
these reimbursement payments when yau andI discussed this matter back in
Navember. Payment fram her to.Mr. Marningstar shauld be made immediately. If
payment is nat farthcaming within ten (10) days it is aur intentian to. file suit and seek
apprapriate interest and attorney's fees. Hapefully, this can be avaided and we can
finally put this file to. rest.
I received a letter fram PSERS an December 30, 2003 claiming that they did nat
have a capy af the Divarce DecTee back when materials were originally submitted to. .
Deb Hancack. I have yaur letter af June 13, 2003 to. PSERS submitting the appraved
Domestic Relatians Order in which yau indicate "Please pracess this QDRO as soon as
passible as it has been quite same time since the entry af the Divarce Decree."
Caardinatian af the implementatian af the two. arders was requested and I note that
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Jane Adams, Esquire
1/23/04
Page 2
prior to that you had submitted a copy of the Divorce Decree. Apparently PSERS
dropped the ball because Hancock began a leave of absence on June 10, 2003. The letter
from Mr. Milligan explains no follow up was made to obtain the Divorce Decree due to
this leave of absence.
Obviously, I think it is to the mutual interest of both parties to finally put this
matter to rest. Please contact me immediately with respect to the reimbursement of
these funds. Thank you.
Very truly yours,
. NESTleD, DRUBY & HILDABRAND, LLP
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Karl R. Hildabrand*
:rnlp
cc: Donald Morningstar
'Board Certified in civil
. trial law and advocacy
by the National Board
of Trial Advocacy
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VERIFICATION
I, Donald E. Morningstar, verify that the statements made in the foregoing
document are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject to the penalties
of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities.
Date: ~ 5 '21J1~'1
9~AMc.~
Donald E. Morningstar
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CERTIFICATE OF SERVICE
I, Karl R. Hildabrand, of the law firm of Nestico, Druby &
Hildabrand, L.L.P., hereby certify that on the tf day of March, 2003,
a copy of the foregoing document was sent via First Class U.S. Mail,
postage paid, to the following:
Jane Adams, Esquire
36 South Pitt Street
Carlisle, PA 17013
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