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Home My WebLink About99-02742 (2) ,~ "j' _"tl \V,lf ','1 ,\ " ., ~)',';; '-.,-,) ....:,,-. -,-.-'.' . . :<~:J~~ ;.'." .,-" 1 i :,1 - ,',} . ., >:~ )' ---., 8. The PlaintifTrequests this Court to enter a Decree of Divorce in this matter pursuant to Section 3301(e) of the Divorce Code. WHEREFOlm,l'laintiffrequests this Court to enter a decree in divorce pursuant to Section 3301(e) of the Divorce Code. COUNT If - DIVORCE UNDER S~ON 3301 (d) OF THE DIVORCE CODE 9. The aVernlen(s set forth in Paragraphs 1 through 8 hereinabove are incorporated herein by reference. 10. The parties have been separated for a period of two years, from April 17, 1997, until the present, and have lived separate and apart for said period, as those terms are defined by the Divorce Code, or will have done so for a period of two years by the time that this divorce action is concluded. WHEREFORE, I'laintiffprays this Court to enter a decree in divorce in accordance with Section 3301(d) of the Divorce Code. 1 verify that the statements made in this Complaint are truc and correct. I understand that a.uy false statements in this Complaint are subject to the penalties ofl8 Pa. C.S. Section 4904 (unsworn falsification to authorities), Date ./ }Ii ~ /3 4' r\ /- t:./Cfcr (l ( c.~ ~r ROBERT C, CASSEL 7' Vl1'r_E ! I / I\IICIIAEL L. BANGS 302 South 18th Street Camp Hill, PA 17011 (7J 7) 730-731 () Supreme COUl1lJ) 1141263 ,,' :. ,': :' :', - , ' :',,' ..::":,:, . ". " ..,'.' , '.' . ,,:- ..... .:. ...' '.. ....., : .:. .: ..,'..~, :. " ," '. , ,?~r.! . 5:'7 ,- co ~-:-: ,~ I u-: 11-:1 , , I .( ,. t: , ,-. , I " . " , .-,~ .. :.Ii~j - '.'Ll.. " .', , \-rl ~l Crt U III (; ~ ~ ~ ~ ~ s iQ:in . < . ~ H >- ~ !'J ~ !; = ~ ~ ::: s ~ ~ g ~ ~ Q ~ g ~ '" 0- ;:;: '" ~ " - . /1 ;lj . C;/l ,. ....~ , .i.' 11:( f ,. " , '.'. ," .' I (, .! . r III (; ~ ~ ~ ~ ~ S " z ~ :i . :<: ... .. 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CASSEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99 - 2742 CIVIL TINA L. CASSEL, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Tuesday, April 19, 2005 Present for the Plaintiff, Robert C. Cassel, is attorney Michael L. Bangs, and present for the Defendant, Tina L. Cassel, is attorney Laurie A. Saltzgiver and attorney Kelly K. Smith. The parti.es were married on December 7, 1988, and by agreement of counsel the parties separated on May 2, 1999. They are no children born of this marriage. Husband is 62 years of age and wife is 59 years of age. Wife resides at 3 West Beale Avenue, Enola, Pennsylvania, where she lives alone. Husband resides at 56 Tapeworm Road, Newville, Pennsylvania, where he lives with a female friend. With respect to the factor of marital misconduct, the parties are going to determine if they can stipulate that husband had an extra-marital affair while the parties were married and living together. Grounds for divorce are irretrievable breakdown and the parties are requested to file affidavits of consent and waivers of notice of intention to request entry of divorce decree. The economic claims are equitable distribution, filed by petition on October 7, 2002, and alimony filed under a new matter claim on April 2, 2003. There has been considerable discussion with regard to husband's pension and wife's possession of the home which husband has titled in his name, which was pre-marital. The property is located at 3 West Beale Avenue, Enola, Pennsylvania. Wife has agreed to vacate the premises on or before July 1, 2005, at which time husband can take possession and list the property for sale. We need to determine the increase in value of the property for purposes of equitable distribution. We also need to consider that according to wife's claim she put approximately $30,000.00 into the property during the time 1 the parties were living in the premise. Wife has also claimed that she has made some improvements to the property since the separation and we need to have ~n itemization of what those improvements are and the cost of those improvements. Husband is retired from East Pennsboro Township and it is estimated that his pension payment monthly will be around $3,500.00 assuming he chooses a survivor benefit option. Husband also has social security income of $1,116.90 per month. HUSband, however, has chosen not to select an option under his pension plan and is not at this time receiving any benefits. The parties have a SUpport hearing scheduled for April 21, 2005, before Master Rundle to determine husband's support obligation to wife. One of the questions Mr. Bangs has raised is whether or not Mr. Rundle should use the monthly pension benefit as income. His position is that this is an equitable distribution asset and that husband's income currently is the social security benefit that he is receiving. Wife has no income so that according to the position of Mr. Bangs, the support should be allocated based on the social security benefit with wife at zero earnings. Attorney Saltzgiver believes there should be some consideration made in the formula computation of husband's benefit that he is entitled to receive from the pension. With regard to the survivor benefit annuity, attorney Saltzgiver has indicated that her client is willing to accept 30% of the benefit. Counsel have also agreed that the marital portion of the pension is 29% and that wife would be entitled to receive a perceDtage of that marital portion as her equitable distribution benefit. We have not been able to arrive at a number that would reflect a payout to wife. Upon the entry of a divorce decree wife would be responsible for paying her own medical insurance costs. Husband is currently paying to cover wife on his medical insurance $457.00 per month. The cost of COBRA benefits would be $457.00 which is what husband is currently paying now for wife's coverage. Upon the entry of a divorce decree the cost will be transferred to wife if she chooses to continue the policy. Counsel need to exchange letters requesting information regarding assets and values. Counsel should be able to acccmplish this by the beginning of May and the infonnation should be provided by May 15, 2005, to opposing ~ counsel. This request from each cu~nsel to the other should hopefully resolve all of the outstanding requests for discovery in this case with the intent to try to put numbers into the equitable distribution computation which would allow us to at least have some idea as to the total value of the marital estate. One of the issues is going to be the increase in value of the residence where wife is living. We know that each party has a separate appraisal, husband's value being $93,000.00 and wife's value being $75,000.00. Nevertheless, to compute the increase in value, we need to know the date of marriage value and the date of separation value. The Master requests that counsel provide him a status report specifically with regard to the outcome of the proceedings before Master Rundle. Once the marital estate has been valued by each counsel and the support hearing completed with a finding by Master Rundle, hopefully counsel will be able to make some proposals of settlement to try to resolve the issues. The Master will be charged with determining a percentage of distribution of the marital estate to each of the parties but more importantly to wife at this time, it seems to the Master, is the amount of income which she will be able to receive as alimony from husband. Important to that decision will be the status of any claims which wife may be able to make through SSD and counsel are charged with finding out as quickly as possible when a claim can be filed and the time frame in which that claim may be pursued. We also need to know if wife is entitled to SSD, 110W any other income that she may be receiving by way of alimony or pension benefits would affect her entitlement to an SSD payment. We also, likewise, need to know if she would be entitled to receive medicare benefits as part of her SSD claim. A conference with counsel and the parties is scheduled for Tuesday, July 12, 2005, at 9:00 a.m. Both IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT C, CASSEl,.. Plaintiff ) ) ) ) ) ) ) vs, Defendant NO, 99.2742 CIVIL TERM TINA L. CASSEL, CIViL ACTION - LAW PLAINTIFF'S PRETRIAL STATEMENT IN ACCORDANCE WITH Pa. R.C.p. 1920.33(b} 1. LIST OF ASSETS Marital Assets I. Commerce Bank Checking Account *This was transferred to Wife in 1999 and Plaintiff has no information as to its current balance. 2. Increase in value of savings bonds owned by Plaintiff prior to marriage up to time they were cashed in. 3. Various stock owned by Defendant. *This was transferred to Wife in 1999 and Plaintiff has no infOlmation as to its eurrent balance. 4. Certilicate of Deposit owned by Defendant. *This was transfen'ed to Wife in 1999 and Plaintiff has no information as to its eurrcnt balance. 5. Putnam IRA 6. The martial portion of Plaintiff's pension. Non-Marital Portion 2. Plaintiff cashed in savings bonds in June. 1999 for a total of $34,362,28. All of the savings bonds he had acquircd prior to the marriage but they incrcased over the eoursc of the marriage as indicated abovc. 5. The entire amount execpt incrcase in valuc over eourse of marriage. Note: this was translerred :0 Dc!endant in 1999 and Plaintiff has no current value and transfer was made based upon represcntation of an agreement. Value Valuation Date $7,000.00 1999* $18,165.00 $14,000,00 1999* $21,000.00 1999* $37,459.00 3/31/99 $98.072.00 Liens or Eneumbrances >'. r- '- (": Co) _." I, . 1-:' N '.., lit::, f'~': r'~ - (~~lr : U- .., C'l '0 E~;}'~: I -;-!'U , (.1_'.(- r- -, -. tL l.r-:> (:.) ~-':.l c.'" (j "'" PROPERTY TRANSFERRED ITEM DESCRIPTION DATE OF CONSIDERATION TRANSFEREE NUMBER TRANSFER Commerce Bunk 1999 $0.00 Defendant I Savings Account Commerce Bank 1999 $0.00 Defendant 2 Checking Account 3 Various stoek 1999 $0.00 Defendant 4 Certifieute of Deposit 1999 $0.00 Defendant Putnam IRA 1999 $0.00 Defendant 5 ~"\ ,:' " '/\,,' ",.,.', 1."~J':""r~'::.iJ,~::~",~.,,:,~~: 'j~' ,~,;""":~ ,\:,~~~.~~' }':',~::'...'>~: ~\. .",,'\;. :-,';. :" "\.:1 ,.,\:~:\...:, ,: J '. "d'" ',-'.' :,I"\,,,{,: ~~~:!".~'t' ~.':~':', ~', . '. Worker's Compo Alimony Child Support TOTAL NET INCOME MONTHLY EXPENSES $2,092.84 Home Mortgage/Rent Maintenance $538,00 per month Utilities Electric Gas Oil Telephone Water $120.00 per month $60.00 per month $35.00 per month $250,00 annually (incl. w/water) Sewer Emplo}'ment Public Transportation Lunch $120,00 per month until 2/1/05 Taxes Real Estate $1.800,00 annually for 56 Tapewornl Road (primary n.'sidence) and $1.700.00 annually lor 3 \V, Beale Strec\ residence Personal Property Ineome Insurance Homeowners $50),00 annually for 56 Tapewoml Road and S450.()O on 3 \V. Beale Street Automobile S905,()() annually Life Accident Health Othcr Automobile Payments Fuel Repairs Medical Doctor Dentist Orthodontist Hospital Medicine Special Needs (glasses,contacts, braees. orthopedic devices) **WilI be picking up portion of medical insurance costs beginning February I. 2005. AI so will have costs for spouse. $186,00 per month $80.00 per month $50,00 per month Education Private School Parochial School College Religious Personal Clothing Food Barber/Hairdresser Credit Payments Chargc Accounts Membcrships q/)~/c5Cf ROBERT C. CASSEL. P!aintifl: IN TIlE cot IRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 99.2742 CIVIL TERM TINA L. CASSEL, Defendant. CIVIL ACTION - LA W IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT IN ACCORDANCE WITH Pa. R,C,P. 1920.31 I. BACKGROUND Plaintiff and Defendant were married on Deeember 7. 191111. The parties's separated on May 2, 1999. due to Plaintiffs infidelity, Ilowever. the parties lived together sinee 1977 and began co-mingling assets and aequiringjoint assets at thaI time. Plaintiff filed the instant Complaint in Divorce on May 7. 1999 seeking a divorce under Scetion 3301 (e) or 3301 (d) of the Divorce Code, Plaintiff subsequently petitioned to amend his Complaint to include a Count for Equitable Distribution. Delcndalllthenliled an Answer with New Matter, including a Count for Alimony. Plainti1f is 62 years old. while Defendant is currently 59 years old. While the parties were cohabitating. Plainti Ii' inherited a home in whieh the parties resided during the marriage. At the time that Plaintitf inherited this hlllll<:. lh" property was in substantial disrepair and required a great deal of renovation, Dclcndant expended substantial separate assets to renovate and complete the hom" in order to render it livable. Throughout the eoursc of the maITiage. Plainti1f was employed by East Pcnnsbol'O Township, from which employment he has reeently retired. and Detcndant worked a~; a homemaker. Although the parties do not have any ehildren together. DelCndant essentially parcllted Plaintitrs ehildren during the marriage, Detcndant is unable to work outside tho: home. as she sullcrs from a variety of disabling medieal eonditions. including uneonlrolled diabetes. injuries to her knecs. including a tot'll replaeement of her Icli knee and se\cral herniated dises in her I'ack, Shortly alier separation. Plaintiff cashed in joint ,,1\ ings bonds and used the funds as a downpa)'ment on a new residenec whne he rcsilks "ilh his paramour. Detcndanl has requested an appraisal of this pmpcrty. hOlle\ er PI;, inti 1'f has rL'lils,'d to cooperafe in sueh appraisal. I'laintifrs position that this Iwnse is his separ;I!" prLlperty ignores plain language of I 23 I'a, C.S.A, ~ :i50J(a)(4) and the well-establi"hed I'linl'il'k' that a"ets acquired alia separation through the use ofmarilal assets are marital pl\'perty. S"e Schmidt ", Krug.624 , I A.2d 1113 (I'a. Super. 1993): ""I"""rg('1' ", "('/'lh('1'g"r, I,~l\ ,\.~d J lXI, (I'a, Super. 1993), I , Ii il !: MEYERS, t)[SrOR, SAlTtGrVlR 6. aOYL[ ~10 NORTH SECOND STArn . PO l30X 1oc.2 . HM,J:iISliUAG. PA,17HlR (717) 2:;,S.\1-428 . FAX (717) 2=tl.).:'61':' ,:' ,\j '~I':' \ '",I;:,," :~.,~~~.:'.~ '::./::~.~.,.'~ =\"'::'<'l.~.~~~\...,r~:~'~";\~~'\-:':;t:',:':,,~,""~,~:,.,'::;;;',1.","... ,: ','.>.',,:"<\'" .",". I";,,;' --, Scc altuehed Ineome und Expense Slatement. VIII, PENSION AND RETIREMENT IlFNI'FITS Sec ultaehed Inventory and Appraisement. I )cli:ndant has no pcnsion or retirement benefits, IX. EVIDENTIARY ISSlJES Plaintijl'hus jailed to fully and completely respllnd to Deli:ndant's diseovery requests and has provided only minimal inltll'll1alilln in rcspllnse thereto. Defcndant requests thutthe Master direetPlaintifl'to supplement his respllnses. including providing n:quested bank stalements and 1\111 disclosure of alllllarital asscts or assets obtained with marital funds, In addition, Defcndant has made a reasllnahlc' request IiII' an appraisal of the residenec that Plaintiff purchased with maritallllllds, PI"intiff has relllscd to cooperate with such appraisal. in spit..: nf the filet that the dmln paymcnt llnlhis residl,nce is clearly lrueeuhle to marital assets, X. PROPOSED RESOLlJTlON OF FCONOMIC ISSl !/.:S None at this time, XI. AJ\lENDMFNT Defcndunt resencs the right to amcnd this Prc-I'rial Statemcnt prior to trial. I I , I I II Ii I! :1 ML Tl,t(~, Ol ~f on, SALTZGIV[R 6. BOVLE <IIH.' NOIHH S[COfJD Sln[n . PO BOX H)(;, . HAB\';ISI~ur~G. PA 17'(\1.1 (/'17~ :>:H1\..-4:'f1 . r AX (717) 23(, 781 i , ,,,,.1,, . -.r~,,":": "'/ I I I ! ; i ; JL1Lt~ 1).,~~L Kl'il~ K, Sriilil0,s<jllire Allorney I.D, No, 774 15 Meyers. Desllll'. Sallzgiver & Boyle .j I 0 North Seeond Street I',(), Box 1062 liarrisburg, P A 17108 (717) 23(,-<)4211 /\ttorn~ys (l)r Defendant MtYCRS. Dt~' OR, SAlT1COlVln & flOYL[ 410 NORTH S[corw STmrl . PO ~:))t ".:"!:,; . t~.',Rp.~~e~p.o:::. Pt. ~;~~ (717123(;94:'8. fAX(:'17jnf.>;'817 ./ "', '," ~ '.i " ....':' \ < -:. ." ' \ '.:i., ":', >. ,', T.',. '-.... ";:,,, ','; ":~~:;" :.1 :j:~' .;: ,',~ ~;:.~',~:.::~~~.',: ,".1;, ~ <.: . ,: ", ::.',:. ~~: '~_':~; ~"~: :..~~::,~\'~ '," ~",,.:, ,~'.:,o.\.;'\'.I'. .\',: ~",:..:,:' :.~'~, ':"" : ' ROBERT C. CASSEL, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-2742 CIVIL TINA L. CASSEL, Defendant CIVIL ACTION - LAW IN DIVORCE INCOME & EXPENSE STATEMENT OF TINA L. CASSEL Submitted by: Laurie A. Saltzgiver, Esquire Meyers, Desfor, Saltzgiver & Boyle Date: April 6, 2005 Full Name of Client: Tina Loraine Cassel Age: 59 Present Address of Client: 3 \~est Beale Avenue Enola, PA 17025-2806 Telephone Number: 717-732-0838 - Home Name of Employer: Employer's Address: Length of Service with this Employer: M[VmS, orsrOR, SAl17GIV[A & BOYLE 410N()r.!.lH ~rr:mm Sl~VFl . Pli Rnl'1rY;? . H.rJ:l:Rl.c;r~IIR(;. PA 171011 (71712:;694.;'8 . fAX (717) 2:,6.:'817 Pay period (weekly, bi-wcckly, etc.) None. INCOME i\NNUAL FIGURES PAY PER PERIOD Gross Pay: $ $ Deductions: Federal: F. I .C.A.: State Income Tax: Local Income Tax: Hospital/Medical Insurance: Life Insurance: Pension/Profit Sharing: Credit Union: Savings Bonds: Other: (Specify) I :1 TOTAL DEDUCTIONS: $ NET PAY PER PERIOD: $ MC Y[.ns. OH.fOR, S"lTlGrVLR a. eoyu ,,11 W)A1H r~r(":(j'Jn !',Hd fT . PO nnx 'nf,~' . H"R.lW;mJRr~ I'A 17Hm (il'il;'3l;9(28 . f"X(7H)~'36:'1317 EXPENSES: MONTHLY Other Expenses: Dry cleaning Pet expenses Postage 3.08 Allowances Home repairs/plumbing/electric/etc, Furniture replacement Sports expenses/equipment/fees/coaches/travel Savings/retirement/college/miscellaneous News papers/books/magazines 18.63 Alimony/other support or payments TV Guide 8.53 TOTAL EXPENSES: YEARLY 37.00 223,60 102.36 $2.081.14 $24.985,70 Morns. DfSrOR, SA.llZGIV[~ & BDYl[ .no NOHlI~ t:( CO'JD SlRE[1 . PO BOl( we;' . HARHrSBUHG, FA 17106 (117) :'3/', !~":'8 . r AX (71i"i 23(, ;'!;17 W ..J >- 0 m .., cr: w ,. '" > " 0 G w ;:: . Ul ... ~ OJ ~ . ~ if. u 0 u: z c( 0 . (j ~ U 0 VI w 0 0: ;: . . ::J 5 ri ~ 0 III 0 . l1) 0 ii: u.. z (/'J 0 0: W :; .. C 1: <If cr: w >- w :;; . ROBERT C. CASSEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO, 99-2742 CIVIL TINA L. CASSEL, Defendant IN DIVORCE ANSWER TO COMPLAINT UNDER SECTION 3301(c) OR (d) OF THE DIVORCE CODE AND NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7, Admitted. 8, No answer required. COUNT II - DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 9. No answer required. 10. Admitted that the parties have been separated for over two years. It is denied that the date of separation was April 17, 1997. The parties did not separate until May 2, 1999. !}OCl.mU'nt ~ .',f,rJI.} J COUNT III- EQUITABLE DISTRIBUTION 11. Admitted. NEW MATTER COUNT IV - ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 12. Paragraphs I through II hercof arc incorporatcd hcrein as if fully set forth. 13. Defendant requires reasonable support and/or maintenance (0 adequately sustain herself within the standard ofliving established during the marriage, 14. Defendant is unable to adequatcly provide ineome for herself through employment due to several rnedical disabilities, some of which include uneontrollcd diabetes, injurics to her knees including a total left knee replaccment, and sevcral hcrniated discs in hcr back, 15. Defendant lacks suffieient propcrty and incomc to provide for hcr n~asonable needs. Furthcr, the Dcfendant incorporatcs by refcrcnee herein her new mattcr hcreinafter set forth. 16. Plaintiff is in a position to financially provide sueh support and maintenancc, /'JOi'lmwnt II ."'4.r39/ i WHEREFORE, thc Defendant requests that this Honorable Court cnter a Decrec in Divorce pursuant to Scetion 3301(c) or (d) of the Divorcc Code and grant Count IV of the Defendant's New Matter and grant Defendant such other relief as this Court may determine equitablc,just and appropriate. METZGER, WICKERSHAM, KNAUSS & ERB, P.C, By c __ Andrew C, Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17] 10-0300 (717) 238-8187 Attorneys for Defendant Dated: ')-~\-~ /lonmu'", II ;'4rJV I _",::' " ,"",:'_" ':"':' :",1,",',.. '..'....'.,~~~, ".",,~'.I,~ ::"'~,"l.','". ::,:'. ":',::.,'.,'. \.__,,~, ;,',:'" ',~.,',\..,. ,0,,"'.'''' .'t' ",""'.~'.:.::,\." I: ,,'::"'.~:" ",:" .\~~".: "",,:,',.'~'\:.,. ".""."",'",,,' :,' .,,:r',~, ',:..' ."'"-,.',/:,:'.'\ ......:..... .~.\...,. '0/.:,,'.1:,\",: ',...~...~:.:',...,'. :i::.":' :',,"'~,,:,:',,\,',\ .,: \:::~: <.:,", '\~:'<.,:'. ""':"'_".', (G [] ~Q) v Mareh 3 J, 2003 Michael L. Bangs, Esquire 302 South l81h Street Camp Hill, PA 17011 Mf'-!U lKXlI .1211 l\!orth Fnmt Stll'\.'t P.O. Ho\ S.1.tlO 1I,\rl'i~bllr~, 111\ 17J IIJ-O.llXl 717.2JS.SIH7 F,1\.: 717-2J-t.9-17H OIll('JOHix('s Re: Robert C. Cassel v. Tina L. Cassel l'ollllli,llll,ll" 71i"(1~:2.i'n:!(1 ~1jlkr~burp' 7Ji.blj:2-.s~W ~11'dl.lnk!'.burg i'17-h41-.sS77 Shippl'll~bur~ 717S~O-i515 Dear Mr. Bangs: I have finally had the opportunity to again meet with my client, Tina Cassel, regarding hcr divore': nnd the possiblc ul'(ominr litigation, My client had told me that thc rcason that she was not able to gct in contact with me or meet with me uuring the winter was duc to her various debilitating medical conditions. For one. she has uncontrolled diabctes for which she takcs extensive medication and shc is also have sevcre problems with hcr back at this point. My client says that she was not ablc to get out of thc housc exeept to go to the doctor during the wintcr. Again, I apologize for any ineonveniencc this may havc eaused you or your client. With regard to the upcoming litigation coneellling the divoree and equitablc distribution claim by your client. I havc filed an answer and added a claim for alimony undcr Section 3701 of thc Divoree Codc. I havc eneloscd a copy of the Answer and New Maller which I have tilcd with the Prothonotary. As you can scc from the New Maller, my client at this point is unable to adequateiy provide incomc (()r herself through employment due to her various mcdieal disabilitics and I think that pern)anent alimony would be appropriate under thc circumstances, In addition. afkr discussing thc financial aspects of the marriage and equitable distribution, it has comc to my attention that wc do not have sufficient knowlcdge of your client's assets to litigatc this m~ttcr m this tinlc. Specif:caHy~ \VC do not have information conccn".ing his pell~iun retirement at the datc of the marriage as well as at the date of separation, In addition, we have no knowledge of what securitics or bonds he had at the date of the marriage and the value of thcm and the value of them at thc date of scparation, I believc wc would be scverely prejudiced if wc had to litigatc this matter without more infonnation on these assets. On another note, my client has expressed a desire to move ahcad with her life and I think shc would bc open to discussing a possible rcsolution of the marriagc and the surrounding issues. Pleasc callmc at your convenience so that we ean discuss these matters furthcr. J look forward to hcaring from you, Vcry ttllly yours. METZ~R.~ICKERSIIA!\1. KNAllSS &. ERB, I',C, ~ Ci.::. ~, 1.11llt'~ I ('.111 Lh\.HdJ "-11.1\1..,.. I\" 1<-1"1',11.11<1(\, <";ll'\t'nl' \111\," ( 1.1IJ..lk\'j'l'l' \1dkn B"IIl',kill Illlll!' I. \\'.\I'...h.\\\.,!..\ Ir.llhl..!1.1Ilt'J"1\,J\' 11.,\Jd 11 \1.11'111l".1l: \1l.f1l'1\\\',~'1l111,,'1 '\Il,lI"h { ....I~'.lt" )"iJl1;~ ....Ilh k"ll Andrew C. Spears ACS:c1 Enclosure ce: E. Rober: Flieker. hquire (\\ith enell)SUre) /1"...._..., ~ :'f,'XiJV / 'I, ]'.;I.'r,'".! .'" . ,.,,,,.....,,.....,,,,,..,,,,, h. 'ir. \.:'",,,,,il ;,/',/ .:'.'.'.. ,,~,~,.,:..\_.../, '.','...<.'..,',',.....,;,",".,':"l,'..;'.":'~~'".,<'i,,~\t\,~,', ".': ,".:,', :/':', _~~,,::,: "~:'_'~'.''': "..: '. "~'; .\,' March 31, 2003 'I~JU Ito:HH :\:!11 North Fnmt Sln.~t p,n nux 5.101.1 I I.uri...burg, PA 17110-{l:;(lO 717-2.1~-l{ltO F.l'; 717.21-t.Q.t7H Curt Long, Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Olhl,'lomC\'l:o Cl1h'ni.ll1'.ul Mcch,mic~bur~ ~.17-'1:-'~+;l12() 71;~J"11+5577 ~111It'f'.burp, ~hippt'n~l'ufl; 71i-fl92.5HlO 717-S:{()-/515 Re: Robert C. Cassel v. Tina L. Cassel No. 99-2742 Civil (C Dear Mr. Long: (0 Enclosed for filing please find the original and one copy of the Answer to Complaint Under Section 3301(c) or (d) of the Divorce Code and New Matter in the above matter. Also enclosed is a check in the amount of $20.00 in paymcnt of your fcc for adding a eounl for alimony. ~ Kindly file the original, stamp the copy, and rcturn the copy to rnc in the cnclosed self.addresscd, stanlped envelope, Thank you, Very truly yours, V METZGER, WICKERSHAM, KNAUSS & ERB. P.c. ~e, ~ ' Andrew C. Spcars ACS:c1 Enclosures cc: Michael L. Bangs. Esquire (with enclosure) v E. Robert Eliekcr. Esquire (with enclosure) 1,lml,...1 (',I!'J i.h\,Hd L '"',:l.HJ....... J\" kl'l,.11 1 Illd-. '-,1<'\1-:( I' \1i1WI C1,lI~, P"\'\,fl.' \1J!!'lllll,'lll...kin Hru,\' I W,lp,h,1\\","\, 11,11l"I..II.\!kl'l\.I\' I),l\'l,i 11 M,11111l1'.lU :\11,11',,\\\\',"11111'\'1 Andn'" ( "'J"',1P' )"<lnr-: ~llh ,",,,,, />om"'t'1/I'1 :fl.~W)1 ! . /,,,,;, ,i ( ... ~ ,'I,'; i I tJ , I, 'J ,"I;O,'I...;',;'I,!,)'!.'.., ,1,']/ . ,,,. r'.'r.".:"",,"""P,."" .","1"1..1.1,'.",,,., ~ -..J ~ Q:: .---' \.:, ~ n; , (: ---J r- :J- r"; .1,._ ~ - "3 'I ,! . ~ I . (j; '-:- "'l " ~; ~:.;l ~ ~ "- I ~J' r-. .., I ~/) '..'... 1;,';' ,,- ;.. l..? \ 1 i'" C ,'j'~-l ", Co;.) '...~ '- ..... u '" :~j ~ cJ c) (,.> ~ ,,: '.' ':,\-:",I,~'::I ',:' \\:.n,:',lt"'~"!'~:;:\~\"~~~\~~~;l:<,I:;-;./:";:"~..,~~"":~~.~~~:"., "1..',':',:1":,,", ,'"',,,~,,,,,,"~~,'-:",:<'''\:,:';,',,~,. r"',': " , Mr. Bangs and Mr. Spears, Attorneys at Law 17 March 2003 Page 2 In accordance with P.R.C.P. 1920,33(b) I am directing each counsel to file a pretrial staternent on or before Monday, April 7, 2003. Upon receipt of the pretrial statements, I will imrnediately schedule a pre- hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very trJly yours, E. Robert Elicker, 11 Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (e) 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. ,: '~~; ~:, " '':.;, .'. ,,' :',' , ',',.':' :::";,' :',:, ", \~ '.::;~ :,,:,~/':";';.'::;;; ~,:Q:;<:",:.~:":'; ':< :M,;'~ /: ',<>:,. '... ,'/:': '.:';,', . ~:, "",,'; :'\-':', :': '. '. .' ROBERT C. CASSEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERL~~D COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TINA L. CASSEL, Defendant No. 99-2742 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of October, 2002, it appearing that docket activity has occurred recently in the above-captioned case, the case is stricken from the purge list, and shall remain active. By the Court:, "Michael L. Bangs, For the Plaintiff " ti / / / " / /!iL.-? ,>(.()A, ~/Wesley Q~'> Jr., J: v/ wcy Esquire L-"Pf ~ ~ 1!-/g-O.9. Court Administrator vi _..'l I';} I.. .";\?>::':' ,,:;":,:',.:,,:,<.:~,\'. ',;1,/1":';-"/' :',1 \<,~ '\', >","',~":"~:,:,:~,,,'>~,:~':.:' ~~',::~::~...1~,.':"' >~"~::':"l"~:\:;::"~":~;' 1\'/: ;.';:>,,' "r;''; ~"~:"", ,,' ',y '., .4 (rOO CO") ;. "... "', I V'-,'" .,1 . ~\I ",II ',.. :- C. r::~ [l"'; .::::. :;"') -' u!,.) l~ , ;) Cl ; ... :~.; f::. ., ("L. Cl \ , ,. ,-. :.:; I , I., ,'.I L .- c., ....... " , .. , .. :; \ ,. . U , ,,;: . '.:. :,'. '. ; ': 'e: '.' ,': i,~ ..', ,;-:'~"" " ..',' .'< '~ :::': ,:' ~.;'.'.':'.....:",,'\,,:;\,,: ,,' ',:,,:,;,,', ',: .:..': . ,.;. . ,>, " " ' :::'.,:,' ,<:: ,:,::,..../ " ",,, '; " . ' ."" ,,;~: ' , EXHIBIT A ... SENDER: :I . CornpItt. It~mt 1 ll"4'or 2 'or Ildc2ltioMl Mr\IIoeI. 1 . -CompItlt. hem. 3, .... anef 4b. I . PrtnI your name ...0 .deI,... on '" f"IYIfH of IhIIi fcmn 10 that WI can retum &hi, _10_ . Anech thIt tolm 10 the trort oi tht 1NlI1pIeoe, or ~ the bac* If 1pII0I dolo no! 9 .e;.:'!RMHn RiIOtU;:rt ~UNt.r on U10 rnaIIpiK:e bebw 1hI &rtlde 1'IUrI'tler. ti .The Rlltlm RIlOIlipI wlllihow 10 ~ the artICle w.. ~ and Iht del. li-' j 3. Ar1Icl. Addr.ssed to: ~~ L. C~ 3 ill. be-w Ave. fuola. -{A. rlo2~ \ 5, R8O<llvod By: (Pt1nt /IIamt1) I also wish to roe.I..th. 'OIIowing 88rvlco. (for en .xtra I..): 1. 0 /\ddrellOo'. Addr... ~ 2. 0 R.strlcted Delivery j Consult pottmas1llr 103r1'~.' 11l. 48. Mol. Numbor () I ro 2.5 0 ()CO., lZt 4b. Sorvice Type o RoglslOred i)lI Certified o E."IlIO.' Moll 0 InSUred -5 o Rolum~IoIMotchon<1.. 0 COD " 7. Do'. of ery "L .l! '- r:T ~ "" " ~ 8. Add,....... Addro.. (Only If mquostod and lee /$ pakJ) ! 8. S9na{({A. _ orAgent~ . X-Vl C[l.c.,C,f---P - PSFonn3811, Decemberl~ Domestic Retum Receipt '- r- . .,.. C ro, - ,~ U_' ) , , ( , . . . I ... '. 1_';, "l ~-,j t.; CO , ';: I...;.. '" . ,-. :j, (j "._- (--"' :.;')11- 0 (:\~ t'f ::i '......' .-::' U - -. --_..__..,~.- ---.._----~~.-- " " " " " " " " " " " " " .... '" " '" " ,.. .-:: " .... " " u " 0 H " .... OJ " :;j " ~ " '" '" " " '" " " " " '" " c i.5 ~ " .... " " .-:: " ;\ '" " '" .... " '" " " 0: '" :-< " --< OJ " 0.. " " 0.. '" " 0.. '" " 0.. " ~ - " Z " " -<: " ~ .;:. I, Z Z " " " U g 0 '" " " "- " Z .~ , ~ 0.. " " 0 " :n -, or " " " i 0 -;,: " " i2 " -. u :-<-<: '" " " " f-< '" H " '" " f-< " ~. "- Z ~ " '" " Z " z ::: :: 0 '" I H " '" '" " '" " 0 U " '" '" " " if- f-< u Z " -<: ? '" " '" " " 0 '" 0 N " U '" " 0 " ~ '" '" H '" '" " -<: " "- " 0 ~ f-< " U " U " " U U N '" " U " '" " ::C '" .-:: , 0 " " 0.. " '" '" '" ~ " f-< '" " H " '" '" '" '" H " '" " U " f-< e3 H '" " '" -<: " '" " !5 ~ " "" Z " ~ " Z H 0 Z " 0 H " " lHUUZHIl c:t:: f-< " 0.. " .:::--==-~=:==:~.==:=.::::-..:.-:-::::=-=:::=~::::=:_- .-..- ----...------,-------,..______J ._-~-'_._-"-~-~._._--_.__.~~-~----~.- .- , ., ',",\ "">." \, '.. ~ ':" \ ',\'. ,:..', ~ ,"" '11,>.:, "::;, J~" ,': f~:~I.,,,-;:,,\~'~,. "~}.,; : ~ ~:,~' ~ '," .'~' .',> '~..: :":~ !'~":;":l I::: :~\\:',,;':/', ',' ,;\:'<'",~\::':'l;, '\>; ~~;,>> _:: I <: ;, Royalties Expense Accounts Gills Unemployment Compo Worker's Compo Alimony Child Support TOTAL NET INCOME MONTHLY EXPENSES $550.00 Home Mortgage/Rent Maintenance $538.00 per month Utilities Electric Gas $120.00 per month $60.00 per month Oil Telephone Water $35.00 per month $250.00 annually (incl. w/waler) Sewer Employment Public Transportation Lunch Taxes Real Estate $1.800.00 annually for 56 Tapewol1n Road (primary residcnce) and $1.700.00 annually for 3 W. Beale Strect residencc Personal Property Income ROBERT C. CASSEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W NO. 99-2742 CIVIL v. TINA L. CASSEL. Defendant IN DIVORCE ANSWER TO COMPLAINT UNDER SECTION 3301(e) OR (d) OF THE DIVORCE CODE AND NEW MATTER I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. ll. No answer rcquircd. COUNT II - DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 9. No answcr rcquircd. 10. Admittcd that the partics have been separated for over two years. It is denied that thc datc of separatio/lwas April 17. 1997. The parties did /lot separate until May 2. 1999. /JoCJlmOIl;l ~'J,r3r;} ~ :::J ~ r;~ Cl .... t ...9 ,..- r-i ". ~ --.. !~ ~ , .- ~ Ii '. I ~. ' -' ( , .. I : :~ f~.: . u.. .. .. ~ n - '-; (\oJ ;) -- ,~) . . j " _. I:,: .() t:: c___ ,.. 0 11 i" .... , ~ 1<, (.) ,) . CJ ~ C) 0 ~ cJ --------~._----------_._------- ..--.---- " I,-----".-.,r'-~'------ " " " 11 11 11 " 11 '" 11 11 4-< '" " z '" " 11 .... " 11 0 0 " ,.. ~ 11 .... "" 11 H U " 0 H " '" "- " E-< " ~ " ". r: " u ,,' " "'. '" 11 .... '" 11 '" U 11 ~ 0- , OJ .... 11 '" e>: 11 6 '" ...l H '" 11 0 11 ...l >< '" '" 11 e>: 0- Il - '" '" 11 '" H 11 ~ r z 11 '" '" 11 ~ Z Z 11 Z 11 g ". .::: 0 '" 11 ::0 '" II '" ~ ~ '" II '" II "' ~ ~;, II E-< E-< II -5 0 "::;. II z. II ::: S U ><~ ...l H ... II .. C g 2 E-< ...l H ...l -<: 0 II Z ,.. Z 0- '" ...l II 0 ::0 I H r '" ...l eo ~'" II W. 0 " 11 '" > '" '" '" II .. 5 ~ '" f;1 u Z II -<: '" 0 ~E-< II ~. 1 0 N II U '" u E-< II ::0 '" H .0- '" II -<: e>: :;; II 0 ~ E-< ,... U II U 0 0 "'" II ~ U U N e>: II u H II ...l .-:: I 0 II ~ ::;. II ,="c=.c.=,==,.::~=,==c:===-_c:==:===--==---===.==-~ '" e>: '" 0- Il E-< ...l e>: u '" II '" '" ...l '" H II e>: '" ........z II E-< ~ H '" II '" -<: ::;. H II 0- Il pO Z '" 0 Cl 11 Z H 0 Z II 0 H ~ "" ~ II H U U Z H II e>: E-< "" II ('oJ I.; r> . 1 " , (.~ t.,) I;~ .', - " .. ,~ () , 1 , ~}"') . , , '1' , 1..:. I ;~!tl' ...- .:C r',,' 1-. C:J ,.', -- <:) C'} . .;:..~ j '" l..} . ,~:: ,;",:. ":"":'",~ "':'.';',:,,i,'~~'.>.:. ,:....~;: .~:...,:;>;'\.:.'"...,.:'..:.,..:~:;:"::;.;,:~~:,.:,.;,\':';:'.i','<:'''..?~:;;::)~,.'.: i;~'~'::'>::: :~':':.".:''<' ,.' .:,.".:: :~~, ,'::., \. \:0' ....., .. LAW OFF"ICES MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET P.O. BOX 1082 I. EMANUEL MEYERS (1915.1970) BRUCE' O. DEBrOR LAURIE A. S....L TZGIVCR CATHERINE: A. BOYLE HARRISBURG, PA. 17108 (717) 236,9428 FAX (717) 23&Z817 WEBSITE www.meyerDdesfor.com EMAIL Isaltzgivaf'Ornttyersdsfof.oom cboy\eOmeyeredesfor.com April 7. 2(0) E. Robert Elicker. II One Courthouse Square Carlisle, PA 17103 Re: Cassel v. Cassel Dear Master Elicker: Enclosed please find Dcfendant's Pre-Trial Slal<:m<:nl. with alla<:hed Inventory and Income and Expcnse Statcmcnt. in the abovc rel'cl'<:II<:<:d matter. This mattcr is currelltly scheduled for a Prc-Trial Conference on April I'). 2005. Thank you for your attention to this mattcl'. V<:ry truly yours. V{l(('~lh. S'l~clL/ Kdly K. Smith KKS/vjh Enclosurcs cc: Michael L. Bangs. E:;quire (w/<:ndosur<:sl Tina L. Casscl (w/cnclosurcs) . .'-_.,- . ,. . ,'" ~ L:.,~., ,;,~.L~ i ! i , , I I 1 1 , "'. I. [M...NU[L MEYERS CI91t5.19?O) BRUCE D. DE:SFOR LAURIE:....S...LTZGIVCR C...THeRINE:.... BOYLE LAW OFFICES MEYERS, DESFOR, SALTZGIVER & BOYLE <410 NORTH StCOND STRE.ET P,O. BOX 10452 HARRISBURG. PA. 17108 (717) 236.9428 April 28. 2005 FAX (?I?I 236-281'7 WEBSITE YNvW.meyersdesfor.com (M...IL IsaltzgMlIOmoyersdesfor.com cboy1eCmeyerodeSfOf.com Michael L. Bangs, Esquire 302 South 18'1> Street Camp Hill, PA 17011 Re: Cassel v. Cassel Dear Mike: In accordance with Master Elicker's directive. I am submittiJ'!;:- ii',-- :ollowing list of items requested for discovery purposes inthc abovc referenced casc: I. Copics of all statements for Fidelity Brokerage Accounl No. TI154096353 in the name of Robcrt Cassel and Joyce StOI11 or any other Fidelity brokeragc account for the period from the account's inception to thc prescnt. , 2. Copics of all statcments for Fidclity Brokcrage Account No. 2A \\1612464 in the name of Joyce Stom for the period from January I. 1997 to the present. along with an explanation of the source of funds in this account and whelhel' these funds were originally part of a Fidelity brokerage account that included the name of Robert Cassel. If these funds wcre part of a Fidelity Brokerage Account that included the name of Robcrt Cassel, plcase includc an explanation of when and for what reason the funds werc transferrcd into thc namc of Joyce Stom alonc. 3. A Summary Plan Dcscription Il)r Robcrt Cassel's pension with East Pennsboro Township. 4. Documcntation showing the number of sharcs of PNC stock owned by Robert Casscl. the datc of acquisition of such stock and it's \';tlue hnth currently and as of the datc of . separution. 5. Documentation of any additional SICKk m\'Iled hy :--'11'. Cassel at any time during thc marriage, including slock acquired hy sltKk split. and the dividend income received therdrol11. Il. Staklllents f(lrany credit card accounts in :--'11'. (';lssd's n;lI11c' Ill' undc'rhis control frolll January I. \ 997 to the present. 7. St;llemenls til[ 1111'. Cassd's Ilderred ('Ilmpc'n'''lillll Al'ellnnllhrnu~h his employment with East PCllnshoro T\l\\I1,hip tiom ineql1ion III prcsent and I", any similar accounts that 1111'. C;lS,elmay hold. S. J)IKumelllati"n of any Jill: in'lJl'1l1c~ Pllli('ic's Ih;:1 lIL'I'e held by :'III'. ('assel at any tim~ during thc marriage. illcludin,' any \ari"hk life- Pldi('ics rl'i;l1c'd to his employment with East I'cnnsburo T'll\'Jlsliip. and forever settle all property rights and all rights in, to or against each other's property or estate of any kind or nature whatsoever, including property heretofore or subsequently acquired by either party and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's rights to equitable distribution, maintenance and/or support, alimony, alimony pendente lite, counsel fees and costs; and WHEREAS, the parties acknowledge and agree that in entering into this Agreement, including foregoing waivers, they are each relying on truth and completeness in all material respects as to all information provided by the other party hereto regarding the assets of such person. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements hereinafter contained, each of the parties hereto intending to be legally bound hereby promises, covenants and agrees as follows: 1. DIVORCE: The parties agree that their marriage is irretrievably broken and that they mutually consent to a divorce and agree and have executed all necessary Affidavits of Consent and Waivers of Notice forms required by the court for the entry of a mutual consent divorce. Both Husband and 2 Wife have directed their respective counsel to immediately file with the Court said Affidavits and Waivers and file the appropriate documents to request a Decree in Divorce from the bonds of matrimony under Section 3301(c) of the Divorce Code. 2. FULL FORCE AND EFFECT: This Agreement shall continue in full force and effect until such time a final Decree in Divorce is entered. 3. AGREEMENT TO CONTINUE IN EVENT OF DIVORCE: In the event that the marriage of the parties hereto is terminated by divorce, this Agreement shall nevertheless remain in full force and effect, and shall survive such decree and shall not in any way be affected thereby, except as provided for herein. 4. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other. or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the 3 other. 5. WIFE'S DEETS: Wife represents and warrants to Husband that since the date the divorce was filed, to wit, May 6, 1999 she has not and in the future she will not, contract or. incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 7. DISCOVERY/FINANCIAL DISCLOSURE: The parties agree and acknowledge that they have each had the opportunity to conduct discovery and investigation of the assets of both parties. Wife acknowledges that she had the opportunity to conduct discovery of Husband's assets. Husband acknowledges that he had the opportunity to conduct discovery of Wife's assets. The parties agree and acknowledge that they have made full and fair disclosure of all of their assets and 4 income to the other party. The parties acknowledge that they have both been given the opportunity to conduct investigation into all assets, whether separate or marital, prior to entry into this agreement. Both Husband and Wife acknowledge they have had full and fair disclosure of all assets prior to execution of this agreement. Furthermore, the parties acknowledge that they have both had full disclosure as to both parties income and financial condition. 8. MUTUAL RELEASES: Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except Rny or all causes of action for termination of the marriage by divorce or annulment and except any or all causes of action for breach of any provisions of this Agreement. Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code of 1980, as amended in 1988 including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses. The fact that a 5 property by Last Will and Testament, and that each party waives the right to take under the Will of the other. This Agreement shall be binding on the l:espective heirs, executors, administrators and assigns of the parties thereto. 11. ENTIRE AGREEMENT: This Agreement represents the entire agreement between the parties. There are no representations, promises, agreements, conditions, or warranties between the parties other than those set forth herein. 12. LEGAL ADVICE/VOLUNTARY EXECUTION: The provisions of this Agreement Rnd their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and has had the benefit of counsel of Laurie A. Saltzgiver, Esquire, as her attorney. The Husband has employed and has had the benefic of counsel of Michael L. Bangs, Esquire, as his attorney. Each party acknowledges that they have received independent legal advice from counsel and that each party fully understands the facts and have been fully informed of their legal rights and obligations, and each party acknowledges and accepts that this Agreement 1S, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such ildvice and with such 7 knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the current Pennsylvania Divorce Law, and his or her rights thereunder, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just, and equitable to each of the parties and waives their respective right to have the Court make any determination or order affecting the respective parties' right co a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs and expenses. 13. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all ether articles of personal property which have heretofore been used by them in common. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph. 8 14. EOUITABLE DISTRIBUTION: a. Disl,osition of Real Property: Husband does hereby set. over, transfer and assign to Wife all of his right, title and interest in the residence and contiguous properties located at 3 West Beale Avenue, Enola, Cumberland County, Pennsylvania. The residence and contiguous properties shall be the sole and exclusive property of Wife and Husband agrees to execute a Deed transferring the property into Wife's name alone. Husband will execute this Deed simultaneously with the execution of this agreement. Husband's attorney may hold this deed in escrow and forward it to Wife's counsel upon the issuance of a Divorce Decree. b. Pension Plans: The parties acknowledge that Husband presently has a pension as a result of his employment with East pennsboro Township, which is in pay status. The parties agree that $611.00 per month of Husband's monthly pension benefit shall be paid to Wife for wife's sole benefit, effective upon execution of this agreement. The remaining balance of Husband's pension payments shall be Husband's sole and exclusive property. The parties will share the cost of and cooperate in the preparation of a Qualified Domestic Relations Order to be filed with the pension administrator to insure that said pension payments are 9 made directly to Wife. The parties also acknowledge that in connection with Husband's pension, Wife has been designated as the survivor beneficiary and is entitled to survivor's benefits under the pension upon Husband's death. Husband will maintain Wife as the sole survivor beneficiary on his pension plan. c. Checkinq/Savinqs Accounts: Wife shall keep as her sole and exclusive possession any and all checking and savings accounts in her name alone. Husband waives any and all right or claim to said checking and savings accounts. Husband shall keep as his sole and exclusive possession any and all checking and savings accounts in his name alone. Wife waives any and all right or claim to said checking and savings accounts. d. Investment Accounts!IRAs: Wife shall keep as her sole and exclusive possession any and all investments or investment accounts in her name. This includes, but is not limited to, her Putnam IRA, any accounts with Fidelity Investments and any Certificates of Deposit in her name or under her control. Husband shall keep as his sole and exclusive possession any and all investments or investment 10 accounts in his name. This includes, but is not limited to, his account with Fidelity Investments, his PNC stock and his Deferred Compensation Account through his employment with East pennsboro Township. e. 8avinQs Bonds: Husband shall keep as his sole and exclusive possession any and all savings bonds acquired during the marriage, whether in his name or in joint names. 15. ALIMONY: Husband shall pay to Wife the sum of $900.00 per month as alimony. The alimony payment hereunder shall commence with the issuance of the Divorce Decree. The alimony payments shall be paid to the Domestic Relations Office of Cumberland County. The parties acknowledge that Husband is currently paying a spousal support order under Docket No. 00824-8-2004, PAC8E8 Case No. 766106736, which shall terminate upon issuance of the Divorce Decree. The parties will direct the Domestic Relations Office of Cumberland County to calculate credits and/or arrearages, that either party is entitled to receive when effectuating the terms of this agreement. The parties agree that Husband is not liable for both spousal support and alimony in the month that the alimony award goes into effect; rather, the alimony is to take the place of the spousal support order and shall continue to be due and payable every month 11 thereafter. a. This alimony payment shall be non-modifiable and shall terminate only upon the death of either party or Wife's remarriage. 16. WAIVER OF RIGHT TO ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, COUNSEL FEES. COSTS AND EXPENSES: The parties hereby acknowledge that they each waive their r.ight to request alimony pendente lite, spousal support, counsel fees, costs and expenses from the other unless otherwise provided for in this Agreement. 17. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 18. APDITIONAL INSTRUMENTS: a. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 12 b. This Agreement shall be incorporated into a Divorce Decree but not merged therein. 19. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 20. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 21. VOID CLAUSES: If any 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. 22. ~XECUTION DATE: The execution date shall be defined as the date both parties have signed this Agreement. In the event that the pacties do not sign this Agreement at the same time, the execution date shall be the date the last party has signed. 13 QDRO Page 2 7. The Alternate Payee is entitled to a portion of the Participant's benefits under the Plan as set forth below. The Plan is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 8. This DRO assigns to the Alternate Payee an amount equal to $611.00 per month of the Participant's pension. 9. Payments to the Alternate Payee shall commence as soon as administratively feasible. 10. Payments shall continue to the Alternate Payee during the joint lifetime of the Participant and the Alternate Payee. 11. IfPartidpant dies before Alternate Payee, the Alternate Payee's right to a share of the Participant's pension, as stipulated herein, shall be terminated and the Alternate Payee shall receive a montWy lifetime survivor annuity of 50% of the Participant's monthly pension with such survivor annuity to commence upon the death of the Participant. 12. If the Alternate Payee dies before the Participant, the Alternate Payee's portion of the Participant's pension, as stipulated herein, shall revert to the Participant. 13., In no event shall the Alternate Payee have greater benefits or rights other than those which ar~ uvaiiable to the Participant. The Alternate Payee is not entitled to any benefits not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Altel'l1ate Payee are preserved for the Participant. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties, including the informati~n the Plan Administrator requires to make the necessary calculation of the benefit amounts contained herein. 15. The Plan shall issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amounts so received directly to the Alternate Payee within ten days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the tenns of this DRO, the Alternate Payee shall immediately reimburse t.he Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten days of receipt. 17. The Participant shall not t.ake any actions, affirmative or otherwise, that can circum"ent the terms llno provisions of this Order, or that. could diminish or extinguish the rights and entitlement.s of t.he Alternat.e Payee as set forth hcrein. Should the Participant. t.ake any action or inaction to the det.riment. of t.he Altl'rnate PaYfoe, he shall b.~ required to make sufficient ROBERT C. CASSEL, Plaintiff ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANIA vs. NO. 99-2742 CIVIL TERM TINA L. CASSEL, Defendant CIVIL ACTION - LAW PLAINTIFF'S PRETRIAL ST A T]~MENT IN ACCORDANCE WITH Pa. R.C.P.1920.33(b) 1. LIST OF ASSETS Marital Assets 1. Commerce Bank Checking Account *This was transferred to Wife in 1999 and Plaintiff has no information as to its current balance. 2. Increase in value of savings bonds owned by Plaintiff prior to marriage up to time they were cashed in. 3. Various stock owned by Defendant. *This was transferred to Wife in 1999 and Plaintiff has no information as to its current balance. 4. Certificate of Deposit owned by Defendant. *This was transferred to Wife in 1999 and Plaintiff has no information as ~ ~ .{~ 5. Putnam IRA ~ ., v. _1_ u I ~12...C.L J"Yl.a~ ,-nll.ll... 6. The martial portion of Plaintiffs J ~ -r-.J S'~~ Non-Marital Portion 2. Plaintiff cashed in savings bonds u~ v ___ , of$34,362.28. All of the savings bonds he had acquired prior to the marriage but they increased over the course of the marriage as indicated above. 5. The entire amount except increase in value over course of marriage. Note: this was transferred to Defendant in 1999 and Plaintiff has no current value and transfer was made bas,ed upon representation of an agreement. Value Valuation Date $7,000.00 1999* $18,165.00 $14,000.00 1999* $21,000.00 1999* $37,459.00 3/31/99 $98,072.00 Liens or Encumbrances 2. EXPERT WITNESSES Harry M. Leister, Jr.; others to be determined if necessary. 3. WITNESSES A. Robert C. Cassel B. Tina L. Cassel 4. EXHIBITS To be determined. 5. INCOME STATEMENT See attached. NOTE: a revised income statement willi be filed because the Plaintiff is retiring on February 1,2005 and will be living on his retirement payment alone. 6. EXPENSES See attached. 7. PENSION INFORMATION See attached statement from Harry M. Leister, Jr., indicating a marital portion ofthe pension valued at $98,072.00. 8. COUNSEL FEES No claim by Plaintiff. 9. PERSONAL PROPERTY All left with Defendant. 10. MARITAL DEBTS None. 11. PROPOSED RESOLUTION OF ECONOMIC ISSUE:~ Plaintiff proposes to retain his pension and transfer to Defendant a residence which he inherited which is not marital located at 3 West Beale Street in Enola currently valued at $93,000.00. The parties should evenly share the remainder of the assets which have been retained by Defendant and the amounts retained by Defendant should, if applicable, be offset against any alimony that may be determined to be owed. Respectfully submitted, t0AL~ r) MicI'4AEL L. BANGS Attorney for Plaintiff 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 . , . " CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Plaintiff's Pretrial Statement by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Kelly K. Smith, Esquire Meyers, Desfor, Saltzgiver & Boyle Post Office Box 1062 Harrisburg, PAl 71 08 DATE: Q !"....) 0 c::;:) = -n c..n ; C- ::::! ~. L::!J ""JiI'" f-ll,- - -OfTl I :00 0'" ,-") 1. ~c ~:{(.J .. 'T~ 11 .~- p '.' 7') :0 =i:: '.,..~O ! , ':"rn ~ " ~ r:-? L~ , ;.~ :) (..) ~~ -'. -J Defendant ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT C. CASSEL, Plaintiff vs. NO. 99-2742 CIVIL TERM TINA L. CASSEL, CIVIL ACTION - LAW INVENTORY OF ROBERT C. CASSEL Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1/.5'/ o~ I I K~.~('~ r ROBERTC. CASSEL ' ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. () 1. Real property () 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 ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities o 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with a company) () 16. Employment termination benefits - severanct:: pay, workman's compensation claim/award () 17. Profit sharing plans (X) 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. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any person as of the date this action was commenced. ITEM NUMBER DESCRIPTION NAMES OF ALL OF PROPERTY OWNERS Commerce Bank Savings Account Plaintiff and Defendant 1 Commerce Bank Checking Account Plaintiff and Defendant 2 3 Increase in value of savings bonds owned by Plaintiff Plaintiff prior to marriage up to time they were cashed in. 4 Various stock Plaintiff and Defendant 5 Certificate of Deposit Plaintiff and Defendant Putnam IRA Plaintiff and Defendant 6 The marital portion of Plaintiff s pension 7 Plaintiff 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. ITEM NUMBER DESCRIPTION REASON FOR OF PROPERTY EXCLUSION 3 Savings Bonds Owned by Plaintiff prior to marriage; after marriage included Defendant on bonds in event of death. Entire amount of Putnam IRA exct:~pt The account was made up pre- 6 increase in value over course of marital funds but was marriage. transferred to Defendant in 1999. 7 Pension See statement PROPERTY TRANSFERRI:D ITEM DESCRIPTION DATE OF CONSIDERA nON TRANSFEREE NUMBER TRANSFER Commerce Bank 1999 $0.00 Defendant 1 Savings Account Commerce Bank 1999 $0.00 Defendant 2 Checking Account 3 Various stock 1999 $0.00 Defendant 4 Certificate of Deposit 1999 $0.00 Defendant Putnam IRA 1999 $0.00 Defendant 5 ,""m "' '"' , , ,0" ". W~~,"."_~ "" ITEM NUMBER LIABILITIES DESCRIPTION CREDITORS DEBTORS '::,' I" .\_ () ,'- ~','~"' ,;~.. ( , :..J -< r--J ~:.~ c~=' \:...rl <- o -n :1-0 r11~-::. '\:.1(:!.1 ~~~ ~:?: r{l r:~ j;..;t>' ...'".... ""- I Cl.... -.- " -.,,# -", r:~) (.i) (...J "p :-< ROBERT C. CASSEL, Plaintiff Defendant ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-2742 CIVIL TERM TINA L. CASSEL, CIVIL ACTION - LAW INCOME AND EXPENSE STATEMENT OF ROBERT C. CASSEL INCOME Employer: East Pennsboro Township (until February I, 2005). A revised income and expense statement will be filed. Address: 98 South Enola Road, Enola, P A 17025 Type of Work: Sewer Department Payroll Number: N/ A Pay Period (weekly, biweekly, etc.): Monthly Gross Monthly Pay as determined by support office: Net Income: $4.,504.07 $3,,080.84 ($988.00) $2~,092.84 Less montWy spousal support payment: Net Pay Monthly: OTHER INCOME Interest Dividends Pension Annuity Social Security Rents Royalties Expense Accounts Gifts Unemployment Compo Worker's Compo Alimony Child Support TOTAL NET INCOME MONTHLY EXPENSES $2,092.84 Home Mortgage/Rent Maintenance $538.00 p<:::r month Utilities Electric Gas Oil Telephone Water $120.00 per month $60.00 per month Sewer $35.00 per month $250.00 annually (incl. w/water) Employment Public Transportation Lunch $120.00 per month until 211/05 Taxes Real Estate $1,800.00 annually for 56 Tapeworm Road (primary residence) and $1,700.00 annually for 3 W. Beale Street residence Personal Property Income Insurance Homeowners $501.00 annually for 56 Tapeworm Road and $450.00 on 3 W. Beale Street Automobile Life $905.00 annually Accident Health Other Automobile Payments Fuel $186.00 p(~r month $80.00 per month $50.00 pf:r month Repairs Medical Doctor Dentist Orthodontist Hospital Medicine Special Needs (glasses,contacts, braces, orthopedic deviees) * * Will be picking up portion of medical insurance costs beginning February 1,2005. Also will have costs for spouse. Education Private School Parochial School College Religious Personal Clothing Food Barber/Hairdresser Credit Payments Charge Accounts Memberships Loans Credit Union Miscellaneous Household Help Child Care Paper/Books/Magazines Entertainment Pay TV Vacation Gifts Legal Fees Charitable Contributions Other Child Support Alimony Payments TOT AL EXPENSES $100.00 per month $100.00 per month $988.00 per month $2,377.00 per month $5,606.00 annually VERIFICATION I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ! t/o c Kr&,~f~4~ ROBERT c. CASSEL -n, ,,-' o C.: .t. ' f- :. ~ ~ -< r--.:> c:J ~ c..- o -n .-4 -r. -n 1'\1 r~ :~?~, ~:n~\ \ !.C) "" r\l " ) ... :~~\ '. ,.. ""rJ :< :;~'J\'" :;,t: t 0"' -::' ::.". r;? f..) 0:' ROBERT C. CASSEL, Plaintiff Defendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW TINA L. CASSEL, NO, 99 --1.1</2-- CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrit:vable breakdown of the marriage, you may request marriage counseling. A list of marriage counsdors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY. LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 I ;! " ROBERT C. CASSEL, Plaintiff Defendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION - LAW TINA L. CASSEL, NO, 99 - ,;2 7<12- CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divofCIe being handed down by the court. A list of professional marriage counselors is available at 1he Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. You ar'l advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be bOTIlie by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failur'l to do so will constitute a waiver of your right to request counseling. 2 Defendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT C. CASSEL, Plaintiff vs. CIVIL ACTION - LAW TINA L. CASSEL, NO. 99 - .2 7'1.2..- CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCl8; UNDER SECTION 330Hc) OR 330Hd) OF THE DIVORCE CODE AND NOW comes the above-named Plaintiff, ROBERT C. CASSEL, by his attorney, Michael L. Bangs, Esquire, and makes the following Complaint in Divorce: 1. The Plaintiff is ROBERT C. CASSEL, an adult individual who currently resides at c/o 21 E. Dulles Drive. Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is TINA L. CASSEL, an adult individual who currently resides at 3 West Beale Avenue, Enola, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 7,1988, in Duncannon, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 3 8. The Plaintiff requests this Court to enter a Decree of Divorce in this matter pursuant to Section 3301(c) of the Divorce Code. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II - DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 9. The averments set forth in Paragraphs I through 8 he:reinabove are incorporated herein by reference. 10. The parties have been separated for a period of two years, from April 17, 1997, until the present, and have lived separate and apart for said period, as those terms are defined by the Divorce Code, or will have done so for a period of two years by the time that this divorce action is concluded. WHEREFORE, Plaintiff prays this Court to enter a dec:ree in divorce in accordance with Section 3301(d) of the Divorce Code. I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penaltie:s of 18 Pac C.S. Section 4904 (unsworn falsification to authorities). Date RJt ~tf2~J: ftt.p~rl~ J MICHAEL L. BANGS 302 South 18th Stmet Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 II ~ :s: ." >< == g > 0 ~ ,.. >-I a: .r- ~ ~ > ~ n~ ~ 0; -< t-' ~ " > . t-< . >< p~tlj t"' ~ ~ ~ ;>" 0 ~ 'Il g ,~.~."",,,.._,,,,,,_..",,--,,,,,,,..._, ,...... ~~-R ~ \,,) --'0 ~ 0/', --.l ~ c.Jr --.j r--- I...Y ~ ---' Co::\ C'). . 0: c:; ""''''~~''"''I''''~''''''''''''''",.~..,,, ,., iJ0 ~ C.1 ............. >J ~~ . 0\ ~ o ~ -oft: ('i1f"l": 2:J.') 2r" (1") ;r~: -< ~~:. r----, ~.:-'.....- J:":C) .2:(1 ~:c: Z =< c.n Q) '-'? l.O :II: n. -< I -.s -u :r: Defendant ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT C. CASSEL, Plaintiff vs. CIVIL ACTION - LAW TINA L. CASSEL, NO. 99 - ;2 7Y.2..- IN DIVORCE CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted, PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on April 17, 1997, and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony. division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 ofl8 Pac C.S. 4904 relating to unsworn falsification to authorities. Date: ~ / ~-~'77 RJJt,~ tt~A ROBERT C. CASSEL c ,- - Cl ~ ~ .. ... =. g ~ Cl. F . ~ lJ: r' ~ a > ~ ~ ~ ~ ~ . -< t"' ~ ~ ~ '" ~ 0:1 n ~~ ~ Cl g tIl < ....or:~ enCI_' Z.'., :c.::c ~:' ,<c,; ~('" "'~_ (0..; j::c: 2~ -1 ..... n c: ,0 uJ :~;: ~:.i'" ,..'- .. t .-J -0 .,-,~ :.n (]) ROBERT C. CASSEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENINSYL VANIA vs. CIVIL ACTION - LAW TINA L. CASSEL, Defendant NO. 1999-2742 IN DIVORCE CIVIL TERM AFFIDAVIT OF SERVICE BY CERTIFIED MAIL MICHAEL L. BANGS, being duly sworn according to law, deposes and says as follows: I. That he is the attorney for the Plaintiff herein. 2. That on ,May 12, 1999 , he delivered to the U.S. Postal Service in Camp Hill, Pennsylvania, as certified mail (Receipt No. P397 991 104 ), return receipt requested, addressed to the Defendant herein, a true and correct copy of the Complaint in Divorce filed in the above-captioned action duly endorsed with a Notice to Defend and Claim Rights. 3. Said return receipt card is attached here,to as Exhibit A showing a date of delivery to the Defendant of May 13, 1999. MAl. SEAl. WIND\' So CHESIRO. Nofmy Pubic a- Allen Twp~ CvmboolGnd County "" c..... bJ." ...... "., 10. 2003 ,;...\'~ , ."' w.. ...." .,,, ,'i<r "" . , Cl- SENDER: .a _CompIIIe 11em11 ~O( 2 lor 1ddIIonII........,... 'I .~""'3. I .Pllnyour_ -..you. -Ahch 1hiI kNm to the .=:'!R...n ~ ~ .Tho R..... RocoIpt wlI S _. 3. ArtIcle AddI'Nl8ll to: ~h.W>>L A~ I 8100 wtoh to .- the -..g __ (lor en _1M): 1.0 ~111'."Addraas AMlrk:lIld DeIlvety 5. ,1'!!lC8lved By: {PrlnINllmeJ g 6. >- .!! PS Fann 3811, December 1994 + '~,' 4a'~P397 9i/ fot ~J 41>. SeMce Type [l Re.1 I Nd )Jr CertItIed III o ExpreM Mall 0 InauNd oj [l Rolum~IorMo.:l..... 0 COD i 7. Date 01 5/'/.3. ?? I II. ~(OnIyIf~ i and fH,1a peldJ ~ DI.... netum Receipt - m " Cl ~ ~ ." '"' '" 0 0 0 ~ i= . ~ r ~ ., 0 ." ~ ~ ~ '" t' ~ . Ii -< r '" ;! ~ ~ '" OJ ~ n~ > .. 0 ~ g CIl i"'.J f,::) ,;.-' "1'1 -_.~-;-_......""..."'''',,...~'"'~-_..- ".",,"--,~,,._-_.._~. ".i" A.;~} 'q ; 'r1 I "If'''''''. .~ ._.~~__ MICHAEL L. BANGS, ESQUIRE l.D. NO. 41263 429 South 18th Street Camp Hill, PA l70ll (717) 730-7310 ATTORNEY FOR PLAINTIFF ROBERT C. CASSEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENi\JSYL VANIA vs. NO. 99-2742 CIVIL TINA L. CASSEL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSgjIT Pursuant to Pac R.C.P. Rule 1920.72 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on May 7,1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed frorn the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce either after service of a Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pac C.S. Section 4904 relating to unsworn falsification to authorities, t:!u IrC}""5~ I , ~~'CAS~ t ~Sl, ','.~,"'r",l~'! l~:'i~ili!::$#r:;';,1il:g;:;:';' <::2 <;", ~~,,~ ::~) -~ r--' ~ <""" cr> <- f; ....., N o -n .-1 :t:-n nlp -nf0 ::'::,JQ ,", ; =~~~ ;-:_~~S ::~5r'!1 ;::<.:.~ ~ " ~ N -J "" " ".. ..", ,., H '.', , ,'" ,L ,'" ~ }:L_\:~,:Fr,g:':l-<.;:~~>:::.::g ,:' i' ,"".-; ROBERT C. CASSEL, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 99-2742 CIVIL TINA L. CASSEL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 330] (c) of the Divorce Code was filed on May 7, ]999. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and servic(~ of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: 1- \ I] _ - 05' ~\, \A Tina L. Cassel C Q c.,c., 1 ~ MEYERS, DESFOA. SALTZGIVER 81 BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 0. L r-' "'" ~\ <--. C'::' r- 1" t'-' <;l, -' :1--D (I'\E ~0~' -:-.::)7 < .-~~~ ~}, -,'; ....;y ":":~: ';~/:~.~ ::~ J'; '.~ ~ \':-? r....) -' MICHAEL L. BANGS, ESQUIRE LD. NO. 41263 429 South 18th Street Camp Hill, P A 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF ROBERT C. CASSEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENJ'lSYL VANIA vs. NO. 99-2742 CIVIL TINA L. CASSEL, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301( c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in 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 Pac C,S. Section 4904 relating to unsworn falsification to authorities. J0u 1)/,,<>.,'5" Dated ?~ (flrC~~$ ROBERT C. CASSEL ." . ,,,,,,,,':":",' i.'>.,f, .," :,".j: '~"1T"~ ':;' f';i"S}kJ;'t'ry,:.;t:",., () r :,-:; ....., = = c.n '- ~ , N N , o "11 :? -";'," =r.!" rnC\ -:1;";"'1 -TJy ~~ ~~~ ~ N -' ~~~~ r,~ ,"'j :::::, ..,> ~'n :< " , ;;1~A':0:':i: , " "CO> :it< {" lY' ROBERT C. CASSEL, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. ; NO. 99.2742 CIVIL TINA 1. CASSEL, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice, 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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. S 4904 relating to unsworn falsification to authorities. Date 1- \7_-D5 i ' ~h Tina 1. Cassel \,'--. (\t1~~<,D MEYERS, DESFOR. SALTZGIVER &: BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 2:::{)-2817 ,"",' ~ = <::.1'1 ~::: e- N N ""0 o -" ,:t! ...,., rnp -r1 ".-1 .Y1C: ~'::~i~i ~), '=1;\; /~l'n ",) --\ :;; -<. r::, r-.) -' - MICHAEL L. BANGS, ESQUIRE LD. NO. 41263 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 ATTORNEY FOR PLAINTIFF ROBERT C. CASSEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99.2742 CNIL TINA L. CASSEL, Defendant CIVIL ACTION - LAW IN ONORCE PRAECIPE TO TRANSMJT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for ently of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section 3301(c) :8~ ofthe Divorce Code. (strike out inapplicable section) 2. Date and manner of service ofthe Complaint: Served on Defendant by certified mail, restricted delivery; Defendant signed on May 13, 1999. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff: 7 /15 /05 ; by Defendant: 7 /12 /05 (b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: ; (2) date of filing and service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending: NONE. 5. Complete either paragraph (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: MAILED 7/20/05 Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: MAILED 7/20/05 . ~';ff ltp <d ,,~<,'hL' '....'..,;...<..: ""'f:: () '""" 0 = C = -n c.n 10i <- ~-n ~~ nlF . -"ril N -"~X -;;':;'~ N ':::~C; -:., -r-r; :.~',: <2~S l'J (Srn :=4 N :0 -' .< -,,<', ';".1.:t.i~'11!l:r"~~!l\~~~!:~li'!l"f''''!''''1' , ,"W "....r, . . . ,. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PE N NA. . . ROBERT C. CASSEL . . . No. 99-2742 CIVIL PLAINTIFF . VERSUS TINA L. CASSEL . . . DEFENDANT . . DECREE IN DIVORCE . . AND NOW, 1 v \ 1 7_'7 ROBERT C. CASSEL , PLAINTIFF, ~ 2-00J, , IT IS ORDERED AND . DECREED THAT . AND TINA L. CASSEL DEFENDANT, . . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . . . . None . "0 ~ '-k:}"" -. ..................... ~,--'"" . ..........-";; ~...._..- -....., ~ .. "'" '-- ,-r-', '.\.- . - ,. ......' -, ":...., - - .......- . By THE COURUJ-?;/ of:d. ATTEST: ~ ~~ r . .,,' - . - ~ . . . , .'" '. . '--" .-"",- ',V'. ____, \ ~ ~~........:-~{-\.~, . "..: ....', '" "'... "b.."..W PROTHONOTARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . ~~ t I'P""': ~ yJo/FL ,J:;;? fr ~ ,.r N4; of"? fO$€ { , . , '." ~' . .. ~ . ..' , ' - ~RECEIVED SEP 12 200i ty Robert C. Cassel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Tina L. Cassel NO. 99.2742 DOMESTIC RELATIONS ORDER 1. The parties to this action have entered into a Marital Settlement Agreement dated July 15, 2005. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined benefit plan. The Court enters this Domestic Relations Order (DRO) pursuant to its authority under the 23 P.C.SA 93502. 3. This QDRO applies to the East Pennsboro Township Non-Uniform Pension Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other planes) to which liability for provision of the Participant's benefits described below is incurred. 4. Robert C. Cassel ("Participant") is a participant in the Plan. Tina L. Cassel ("Alternate Payee"), the former spouse is the alternate payee for purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Robert C, Cassel RR #2, Box 924 New Bloomfield, PA 17068 Social Security -It: 206-32.0112 Date of Birth: January 21,1943 6, The Alternate Payee's name, mailing address, Social Security number and date of birth are: Tina L. Cassel 3 West Beale Avenue Enola, PA 17025 Social Security #: 206.32.0129 Date of Birth: July 5,1945 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. \ (' . ~fl I') i'l' \ \-J'\..) , XcN . ~"--':C() ""'--,C,,7 ':J.:.,;..... I' '(". , ",' \.J... --"- -- - QDRO Page 2 7, The Alternate Payee is entitled to a portion of the Participant's benefits under the Plan as set forth below. The Plan is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 8. This DRO assigns to the Alternate Payee an amount equal to $611.00 per month of the Participant's pension. 9. Payments to the Alternate Payee shall commence as soon as administratively feasible. 10, Payments shall continue to the Alternate Payee during the joint lifetime of the Participant and the Alternate Payee. 11. If Participant dies before Alternate Payee, the Alternate Payee's right to a share of the Participant's pension, as stipulated herein, shall be terminated and the Alternate Payee shall receive a monthly lifetime survivor annuity of 50% of the Participant's monthly pension with such survivor annuity to commence upon the death of the Participant. 12. If the Alternate Payee dies before the Participant, the Alternate Payee's portion of the Participant's pension, as stipulated herein, shall revert to the Participant, 13. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee is not entitled to any benefits not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternate Payee are preserved for the Participant. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties, including the information the Plan Administrator requires to make the necessary calculation of the benefit amounts contained herein. 15. The Plan shall issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amounts so received directly to the Alternate Payee within ten days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall i=ediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten days of receipt. 17. The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this Order, or that could diminish or extinguish the rights and entitlements ofthe Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, he shall be required to make sufficient QDRO Page 3 payments directly to the Alternate Payee to the extent necessary to neutralize the effects of his actions or inactions and to the extent of the Alternate Payee's full entitlements hereunder. 18. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. Entered this ~day of 'Sv. ~A_ ' 20 0_<; BY THE COURT CONSENT TO ORDER 7rd< L,ro~~1 Plaintiffi'Partici pant ~'V\O ' ~ - C9SSt~ - Defendant/Alternate Payee ~~ q - 11.{-- (Xj