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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
GREGORY L. FRANCISCUS,f
Plaintiff No. 99-2825
VERSUS IN DIVORCE
BONNIE JO FRANCISCUS
Defendant
DECREE IN
4
DIVORCE
. Ir
AND NOW, O?JC ?'??O C1 IS 2b?Q, IT IS ORDERED AND «
«
DECREED THAT GREGORY L. FRANCISCUS PLAINTIFF, :
AND BONNIE JO FRANCISCUS 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. The terms of the Matrimonial Settlement Agreement dated ;
August 29, 2000 are hereby incorporated but not merged into this
Decree in Divorce.
BY THE COURT:
ATT T:
?'?r` PRO ONOTARY
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MATRIMONIAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this e, y day of
??; /
2000, by and between Gregory L. Franciscus of 31 Tunbridge Lane, Carlisle, Cumberland
County, Pennsylvania ("Husband"), and Bonnie Jo Franciscus, of 36 Chestnut Street,
Camp Hill, Cumberland County. Pennsylvania ("Wife").
RECITALS
A. The parties hereto, being Husband and Wife, were lawfully married on
November 19, 1973.
B. Differences have arisen between Husband and Wife in consequence of
which they desire to be divorced.
C. Husband and Wife acknowledge that they both have consulted their
attorneys and have been advised by their attorneys of all of their rights and duties or have
had the opportunity to consult independent legal counsel and have willfully, knowingly and
voluntarily waived the right to consult an attorney.
NOW, THEREFORE, in consideration of the mutual promises, covenants
and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY
BOUND, agree as follows:
1. Recitals. The Recitals set forth above are incorporated herein by reference.
2. Divorce. It is specifically understood and agreed by and between the
parties, and each party does hereby warrant and represent to the other that, as defined in
the Divorce Code, their marriage is irretrievably broken. Husband has filed an action in
the Court of Common Pleas, Cumberland County, Pennsylvania, Docket No. 99-2825.
The parties agree to take all legal steps (including the timely and prompt submission of all
documents and the taking of all actions) necessary to assure that a divorce pursuant to
23 Pa. C.S.A. § 3301 as amended of the Divorce Code is entered as soon as possible.
This Agreement and any ancillary or supplemental agreements shall be incorporated by
reference but not merged into the proposed Divorce Decree presented to the Court.
Husband and Wife shall at all times hereafter have the right to live separate
and apart from each other and to reside from time to time at such place or places as they
shall respectively deem fit, free from any control, restraint or interference whatsoever by
each other. Neither party shall molest the other in any way whatsoever nor endeavor to
compel the other to cohabit or dwell with him or her by any legal or other proceedings.
The foregoing provision shall not be taken to be an admission on the part of either
Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living
apart.
3. Marital Propertv.
(a) Real Property. Husband and Wife are joint owners of real property,
and improvements situated thereon, located at 36 Chestnut Street, Camp Hill,
Cumberland County, Pennsylvania. Husband hereby relinquishes all right, title and
interest in the real property. Husband agrees to execute all documents necessary to
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convey, transfer or encumber the real property as is reasonably required by Wife
including, but not limited to, deeds, mortgages or agreements of sale.
Wife agrees that she is solely responsible for all mortgage payments, as
well as all utilities or other costs or assessments which arise. Wife hereby expressly
agrees to indemnify, defend and hold harmless Husband from any and all liability, direct
or indirect, including attorney's fees and costs, which may arise in connection with their
obligation, joint or otherwise, for which she has agreed hereunder to bear sole
responsibility.
(b) Personal Property. Husband and Wife acknowledge that they
currently have in their possession all of their separate and distinct personal property. All
other property, marital or non-marital, currently existing in the residence located at 36
Chestnut Street, Camp Hill, Cumberland County, Pennsylvania, shall be provided to Wife.
Husband hereby relinquishes all right, title and interest in all other marital and non-marital
personal property located at the marital residence.
(c) Retirement. Pension, 401-K Plan. Husband hereby relinquishes all
right, title and interest in Wife's retirement, pension and/or 401-K Plans including, but not
limited to, plans under the Nationwide Agents Retirement Plan, and Wife hereby
relinquishes all right, title and interest in Husband's personal retirement, pension and/or
401-K Plans including, but not limited to, all plans under the Pennsylvania Air National
Guard and Motor Truck Equipment Company.
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?(d) Payment of Funds. Husband agrees that he shall pay to Wife the
sum of , ,-within 10-days-of the-date of this Agreement- Said payments shall be
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V at the rate of and payable on the first day of each month,
mmencing.Au6ust-1, 2000, and each month thereafter until paid in full
4. Debts and Obligations.
(a) Individual debts/obligations. Each of the parties shall assume all
debts and obligations presently in their individual names and shall indemnify, defend and
hold the other harmless from said debts and obligations, whether incurred prior to, during,
or subsequent to the marriage. This shall include all personal, individual credit cards and
personal individual loans by either party except as otherwise set forth herein. Each parry
hereby agrees to pay and hereby agrees to hold the other harmless from any and all
personal debts and obligations incurred by him or her on or after the date of this
Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the
other party liable on account of any such debts and obligations, such parry will at his or
her sole expense defend the other party against any such claim, action or proceeding,
whether or not well-founded, and indemnify the other party against any loss resulting
therefrom.
(b) Joint debts/obligations. Husband and Wife represent that they are,
jointly indebted on a Visa charge card in the amount of approximately $5,000. Wife
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agrees that she will be solely responsible for this marital debt, and will make all payments
when due.
Wife hereby agrees to indemnify, defend and hold harmless Husband from
any and all liability, direct or indirect, including attorneys' fees and costs, which may arise
in connection with this debt.
Each party otherwise hereby expressly agrees to indemnify, defend and
hold harmless the other from any and all liability, direct or indirect, including attorneys'
fees and costs, which may arise in connection with an obligation, joint or otherwise, for
which the party has agreed hereunder to bear sole or partial responsibility, or which the
party has failed to disclose and provide for herein.
5. Leaal Fees. Husband agrees that he shall be respo Bible rrhhi' wn le gal
and other fees incurred by him, as well as legal fees of ?0 ii curree (as set
forth in Paragraph 3 (d) above) in connection with this matter.
6. Automobiles. Upon execution hereof, the parties agree that the 1996
Oldsmobile automobile shall become the sole free and clear property of Wife. Husband
waives any right, title or interest he may have in and to said automobile and shall promptly
execute any title or transfer documents necessary to fulfill this provision.
The parties further agree that the 1988 Isuzu Truck shall become the sole
free and clear property of Husband. Wife waives any right, title or interests she may have
5
in and to said vehicles and shall promptly execute any title or transfer documents
necessary to fulfill this provision.
7. Other Writings. Each of the parties hereto agrees to promptly execute any
and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably
necessary to carry out the intent of this Agreement.
8. Further Debt.
(a) Wife shall not contract or incur any debt or liability for which Husband
or his property or estate might be responsible and shall indemnify and save harmless
Husband from any and all claims or demands, including attorneys' fees and costs, made
against him by reason of debts or obligations incurred by her.
(b) Husband shall not contract or incur any debt or liability for which Wife
or her property or estate might be responsible and shall indemnify and save harmless
Wife from any and all claims or demands, including attorneys' fees and costs, made
against her by reason of debts or obligations incurred by him.
9. Mutual Release. Except as otherwise provided herein and so long as this
Agreement is not cancelled by subsequent agreement, the parties hereby release and
discharge, absolutely and forever, each other from any and all rights, claims and
demands, past, present and future, specifically from the following: alimony pendente lite;
alimony; spousal support; division of property; claims or rights of dower and right to live in
the House; right to act as executor or administrator in the other's estate; rights as devisee
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or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in
any life insurance policy of the other unless specifically named otherwise or as required
herein; and any claim or right in the distributive share or intestate share of the other
party's estate, all unless specified to the contrary herein or in a subsequent writing signed
by the parties hereto.
10. Tax Return. The parties shall file separate individual income tax returns
beginning with tax year 2000. Each party shall be solely liable for any tax liability from
that period forward and shall indemnify, defend and hold the other harmless from and
against any such liability.
11. Entire Agreement. This Agreement constitutes the entire understanding
between the parties, and there are no covenants, conditions, representations or
agreements, oral or written, of any nature whatsoever, other than those herein contained.
12. Legally Binding. It is the intent of the parties hereto to be legally bound
hereby, and this Agreement shall bind the parties hereto and their respective heirs,
executors, administrators and assigns.
13. Full Disclosure. Each party asserts that she or he has fully and completely
disclosed all the real and personal property of whatsoever nature and wheresoever
located belonging in any way to each of them; of all debts and encumbrances incurred in
any manner whatsoever by each of them; of all sources and amounts of income received
or receivable by each party; and of every other fact relating in any way to the subject
matter of this Agreement. These disclosures are part of the consideration made by each
party for entering into this Agreement. Each party further represents and warrants that
there are no undisclosed debts or obligations for which the other party may be liable, and
each party shall indemnify and hold harmless the other party from any such liabilities,
including attorneys' fees and costs.
14. Costs to Enforce. In the event that either party defaults in the performance
of any duties or obligations required by the terms of this Agreement, and legal
proceedings are commenced to enforce such duty or obligations, the party found to be in
default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a
result of such proceedings.
15. Agreement Voluntary and Clearly Understood. Each party to this
Agreement acknowledges and declares that he or she respectively:
(a) Is fully and completely informed as to the facts relating to the subject
matter of this Agreement and as to the rights and liabilities of both parties;
(b) Enters into this Agreement voluntarily after receiving the advice of
independent counsel or, having been advised to consult independent counsel, has
knowingly and voluntarily chosen to forego such consultation;
(c) Has given careful and mature thought to the making of this
Agreement;
(d) Has carefully read each provision of this Agreement; and;
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(e) Fully and completely understands each provision of this Agreement,
both as to the subject matter and legal effect.
16. Amendment or Modification. This Agreement may be amended or modified
only by a written instrument signed by both parties.
17. Applicable Law. This Agreement shall be governed, construed and
enforced under the statute and case law of the Commonwealth of Pennsylvania.
18. Spousal Support. In consideration of the terms hereof, Husband and Wife
mutually agree to waive any claim either may have for alimony or spousal support except
as may otherwise be provided herein.
19. Counterparts. This Agreement may be executed in separate counterparts,
each counterpart deemed an original and when combined represents the legal binding
intent of the parties hereto.
20. Severability. If any part of this Agreement is determined to be invalid by a
court of competent jurisdiction, such determination shall not invalidate the entire
document but shall apply only to that phrase, sentence, paragraph or section. The
remainder of the sentence, paragraph, section and Agreement shall continue in full force
and effect.
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IN WPTNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first above written:
WITNESS:
WITNESS:
HUSBAND:
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franciscus Appointment of master November 6, 2000
GREGORY L. FRANCISCUS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
I VS. CIVIL ACTION - DIVORCE
NO. 99 - 2825 CIVIL TERM
BONNIE JO FRANCISCUS,
Defendant IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) 3304(4)(_13 of the Divorce
Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint: Certified Mail, Return Receipt Requested,
signed by Defendant, Bonnie Jo Franciscus 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 the Plaintiff September 9, 2000; by the Defendant
November 2, 2000.
(b) 0 ) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of
the Divorce Code:
(2) Date of service of the Plaintiffs affidavit upon the Defendant: _
4. Related claims pending: None
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to
transmit record, a copy of which is attached: 11-6-00
(b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the
Prothonotary: 11-6-00
Dale Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary:
11-6-00
Caro Lind§ y, Attom ojPlai y
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GREGORY L. FRANCISCUS,
Plaintiff,
vs.
BONNIE JO FRANCISCUS,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 99 - ap")S CIVIL TERM
IN DIVORCE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in
the following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against
you by the Court. A judgment may also be entered against you for any other claim or relief
requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When
you may requt st marri ge counseling. A listo nmarriage counselors is available in the
Office of
the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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
(717) 249-3166
Date: ILW . ,` ?
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By' -
Caro J. in ay, LEsquire
ID # 4463
11 East High Street
Carlisle, PA 17013
(717) 243-5513
GREGORY L. FRANCISCUS,
Plaintiff,
VS.
BONNIE JO FRANCISCUS,
Defendant,
IN THE COURT OF COMMON PLEAS OF
CUMBERLANDCOUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 99- ZF.?S- CIVIL TERM
IN DIVORCE
COMPLAINT
Gregory L. Franciscus, Plaintiff, by his attorneys, FLOWER, FLOWER & LINDSAY, P.C.,
respectfully represents:
1. The Plaintiff is Gregory L. FranCISCIIS, who currently resides at 33 Tun Bridge Road,
Cumberland County, Carlisle, Pennsylvania, where he has resided since February,1999.
2. The Defendant is Bonnie Jo Franciscus, who currently resides at 36 Chestnut Street,
Cumberland County, Camp Hill, Pennsylvania, where she has resided since 1977.
3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately prior to the filing of this Complaint.
4. The Plaintiff and Defendant were married on November 19, 1973, at Mechanicsburg,
Cumberland County, Pennsylvania.
5. That there have been no prior actions of divorce or for annulment between the parties in
this or in any other jurisdiction.
6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is
irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce
Code.
7. Plaintiff has been advised of the availability of marriage counseling and of the right to
request that the Court require the parties to participate in marriage counseling, and does not request
counseling.
WHEREFORE, Plaintiff requests the Court to enter a decree of divorce.
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By: -l^X
arol J. Lindsa , squire
# 44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
Date: `) I POI N
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C,S. § 4904,
relating to unswom falsification to authorities.
2rr..si? .?\?>
ory L. Franciscus
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Date: 95
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GREGORY L. FRANCISCUS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 99 - 2825 CIVIL TERM
BONNIE JO FRANCISCUS,
Defendant ; IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 10, 1999.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from
the date of filing and service of the Complaint.
3. 1 consent to the entry of a final Decree in 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 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.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
43301(c) OF THE DIVORCE CODE
I consent to the entry of a final Decree of Divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or
expenses if 1 do not claim them before a divorce is granted.
3. 1 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 to the best of my knowledge,
information and belief. I understand that false statements herein
Pa.C.S. 4904 relating to unsworn falsification t authorities.
are made subject to the penalties of 18
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GREGORY L. FRANCISCUS,
Plaintiff
V.
BONNIE JO FRANCISCUS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 99-2825
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT AND
WAIVER OF COUNSELING
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on May 10, 1999.
2. The marriage of the Plaintiff and Defendant is irretrievably broken,
and ninety (90) days have elapsed from the date of both the filing and service of the
Complaint.
3. 1 consent to the entry of a final decree of divorce after service of
Notice of Intention to request entry of the Decree.
4. 1 have been advised of the availability of marriage counseling, and
understand that I may request that the Court require that my spouse and I participate in
counseling. I further understand that the Court maintains a list of marriage counselors
in the Prothonotary's Office, which list is available to me upon request. Being so
advised, I do not request that the Court require that my spouse and I participate in
counseling prior to a divorce decree being handed down by the Court.
?y
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.A. Section 4904, relating to unsworn falsification to authorities.
DATE: )UV.- , - , ?7 1 a cc ?? ?cco
Bonnie Jo Franciscus
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GREGORY L. FRANCISCUS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
BONNIE JO FRANCISCUS,
Defendant
DOCKET NO. 99-2825
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. 1 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. 1 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.A. Section 4904, relating to unsworn falsification to authorities.
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Bonnie Jo Francis6us
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11 franciscus proof of service June 9,'1999
GREGORY L. FRANCISCUS,
Plaintiff
VS.
BONNIE JO FRANCISCUS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 99 - 2825 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
AND now, this day of , 1999, I, CAROL J. LINDSAY, Esquire, of the law firm of FLOWER,
FLOWER & LINDSAY, Attomeys, hereby certify that I served the Defendant, Bonnie Jo
Franciscus, on May 13, 1999 with the Complaint in Divorce by Certified Mail, Return Receipt
Requested, Restricted Delivery, Addressee Only, addressed to:
Bonnie Jo Franciscus
36 Chestnut Street
Camp Hill, PA 17011
and proof thereof, the signed Return Receipt Card, is attached hereto.
FLOWER, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
arol J. Linds y, Esquire
# 446913
11 East H1 Street
Carlisle, PA 17013
(717) 243-5513
franciscus proof of service June 9, 1999
GREGORY L. FRANCISCUS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 99 - 2825 CIVIL TERM
BONNIE JO FRANCISCUS,
Defendant IN DIVORCE
PROOF OF SERVICE
SENDER:
•OOmgma name t a W,1 for ed&npr w w im,.
I also wish to receive the
•Complo Items 3, 4a, and 4b.
•Pom yow name and address on the rovareo o11Ne form W that
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on the mallpiece below the sriWe numb,,
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3. Article Addressed to: 4a. Article Number
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.?yq/f)WCIVIL 19
IN DIVORCE
STATUS SHEET
DATE: I? ACTIVITIES:
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GREGORY L. FRANCISCUS,
Plaintiff
VS.
BONNIE JO FRANCISCUS,
Defendant
TO: Carol J. Lindsay
Mark K. Emery
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 2825 CIVIL
IN DIVORCE
Attorney for Plaintiff /
Attorney for Defendant
DATE: Friday, May 5, 2000
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.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE COUNSEL FOR PLAINTIFF ( )
COUNSEL FOR DEFENDANT ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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 Ext. 6535
Traci Jo Colyer
Office Manager/Reporter
Carol J. Lindsay
Attorney at Law
FLOWER, FLOWER & LINDSAY
11 East High Street
Carlisle, PA 17013
May 31, 2000
Mark K. Emery, Esquire
FENSTERMACHER & ASSOCIATES, P.C.
5115 East Trindle Road
Mechanicsburg, PA 17055
RE: Gregory L. Franciscus vs. Bonnie Jo Franciscus
No. 99 - 2825 Civil
In Divorce
Dear Ms. Lindsay and Mr. Emery:
I am writing in response to Carol Lindsay's letter of May 16, 2000, and
Mr. Emery's attachments to the certification regarding discovery.
I am going to proceed with the directive for pretrial statements in
anticipation that the requests of Mr. Emery have been met.
This action was commenced by the filing of a divorce complaint on May
10, 1999, raising grounds for divorce of irretrievable breakdown of the
marriage. No economic claims were raised in the complaint. I assume that
the parties will either sign affidavits of consent or have been separated for
a period in excess of two years so that there is no issue with regard to
grounds for divorce.
Ms. Lindsay and Mr
31 May 2000
Page 2
Emery, Attorneys at Law
On June 22, 1999, the Defendant filed a counterclaim raising
economic issues of alimony and equitable distribution.
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 30, 2000. 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 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.
GREGORY L. FRANCISCUS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : DOCKET NO. 99-2825
BONNIE JO FRANCISCUS,
Defendant IN DIVORCE
NOTICE TO PLEAD
TO: Gregory L. Franciscus
C/O Carol J. Lindsay, Esquire
Flower, Flower & Lindsay, P. C.
11 East High Street
Carlisle, PA 17013
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS -FROM SERVICE HEREOF
OR A JUDGMENT MAY BE ENTERED AGAINST YOU.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
John R. Fenstermacher, Esquire
Supreme Court I.D. #29940
Mark K, Emery, Esquire
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Defendant
DATED: June 21, 1999
GREGORY L. FRANCISCUS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V. : DOCKET NO. 99-2825
BONNIE JO FRANCISCUS,
Defendant IN DIVORCE
DEFENDANT'S ANSWER AND COUNTERCLAIMS
AND NOW comes the Defendant, by and through her attorneys, the Offices of
Fenstermacher and Associates, P.C., and files this Defendant's Answer and
Counterclaims, as follows:
1. Admitted upon information and belief.
2. Admitted upon information and belief.
3. Admitted upon information and belief.
4. Admitted upon information and belief.
5. Admitted upon information and belief.
6. Denied as a conclusion of law.
7. Admitted upon information and belief.
WHEREFORE, Defendant requests this Honorable Court enter a decree in
divorce.
NEW MATTER
COUNTERCLAIM
Count I
Alimony
8. Plaintiff has engaged in an extramarital affair during the course of the
marriage.
9. Defendant is entitled to alimony under 23 Pa. C.S.A. 3701 et seq.
WHEREFORE, Defendant respectfully requests this Honorable Court enter an
award of alimony.
Count 11
Equitable Distribution
10. The parties have acquired certain marital assets during the course of the
marriage.
2
WHEREFORE, Defendant respectfully requests this Honorable Court equitably
distribute all marital property.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
John R. Fenstermacher
Supreme Court I.D. #29940
Mark K. Emery
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Defendant
DATED: June 21, 1999
3
I
VERIFICATION
I, Bonnie Jo Franciscus, hereby certify and verify that the facts set forth in the
foregoing Answer and Counterclaims are true and correct to the best of my knowledge,
information and belief. I understand that any false statements herein are subject to the
penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities.
Bonni Jo Franciscus
DATE:
CERTIFICATE OF SERVICE
AND NOW, on this day of 1999, I, Mark K. Emery,
Esquire, hereby certify that I have served the foregoing Defendant's Answer and
Counterclaims by mailing a true and correct copy by United States first class mail,
addressed as follows:
Carol J. Lindsay, Esquire
Flower, Flower & Lindsay, P. C.
11 East High Street
Carlisle, PA 17013
FENSTERMACHER AND ASSOCIATES, P.C.
By:
Mark K. Emery
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FILE Copy
LAW OFFICES
FLOWER, FLOWER & ]LINDSAY
A PROFESSIONAL CORPORATION
11 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013.3016
JAMES D. PLOWER (717) 213.551)
JAMES D. PLOWER, JR. PAX, (717) 213.6510
CAROLJ. LINDSAY PPLEsgVuLcom
THOMAS E. PLOWER
May 16, 2000
Mark K. Emery, Esquire
FENSTERMACHER and ASSOCIATES, P.C.
5115 East Trindle Road
Mechanicsburg, PA 17055
RE: Franciscus v. Franciscus
No. 99-2825 Civil Term
Dear Mark:
I enclose a copy of the appraisal of the Franciscus home.
I have called Sgt. Mary Souders myself on May 100'. That is the person whose
phone number I was provided on the letter of January 21, 2000. Sgt. Souders advises that
Mr. Franciscus is scheduled to retire in June, 2000. She advises that he has earned, up
to January 21, 2000, 2,358 points toward retirement. She advises that those points, when
multiplied by a point valuation, presently 21663, produced a monthly pension amount. My
calculation is $510.81 per month. The problem is that the point valuation changes
periodically. Ms. Souders is going to provide me a letter with the date upon which Mr.
Franciscus entered the Air National Guard. She is also going to fax to me a copy of the
web page describing this pension system.
Although the system does not operate in a manner familiar to you and me, I suspect
that an appraiser would be familiar with it just as an appraiser is familiar with the military
retirement system or the Pennsylvania Employees' Retirement Systems. Perhaps you
could get your evaluation in that manner.
I am sorry for your amazement. I have provided you all of the information that I
have, and now, have made the telephone call for you. Please let me know what else you
think needs to be done. Since we paid for the real estate appraisal, I expect that you will
have the pension appraised and provide me a copy.
Very truly yours,
FLOW R, FLOW & LINDSAY, P.C.
Carol J. l y
CJUlib
Enclosure
cc: Gregory Franciscus (wfencl)
LAW OFFICES
FLOWER, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
I I EAST HIGH STREET
CARLISLE, PENNSYLVANIA 17013.3016
JAMES D. FLOWER
JAMES D. FLOWER, JR.
CAROL J. LINDSAY
THOMAS E. FLOWER
May 25, 2000
E. Robert Elicker, II, Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Franciscus v. Franciscus
No. 99-2825 Civil Term
(717)213.5513
FAIL (717) 2136510
FFLEsgoacl.com
Dear Bob:
case. enclose a copy of my letter to Mark Emery. I believe discovery is complete in this
Very truly yours,
FLOWER, FLOWER & LINDSAY, P.C.
&rc-",
Carol J. Lindsay
CJUtib
Enclosure
cc: Mark K. Emery, Esquire
GREGORY L. FRANCISCUS,
Plaintiff
Vs.
BONNIE JO FRANCISCUS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 2825 CIVIL
IN DIVORCE
TO: Carol J. Lindsay
Mark.K. Emery
, Attorney for Plaintiff
, Attorney for Defendant
DATE: Friday, May 5, 2000
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 o-:hether there are any outstanding
interrogatories or discovery motions.
"See attached."
Plaintiff requires the valuation and supporting documentation of Plaintiffs
pensions through both the Air National Guard and Motor Truck Equipment
Company. This information, particularly in regard to the Air National Guard, was
requested through Interrogatories as well as a Motion to Compel and Rule to
Show Cause. This information has also been requested informally on numerous
occasions. The Air National Guard refuses to release this information directly to
the undersigned. The Air National Guard has stated to the undersigned that, in
response to Defendant's request, it has been provided to the Plaintiff. The
Plaintiff continues to fail and refuses to provide this information.
Defendant also requires the appraisal of the marital property. The
appraisal was conducted at the request of the Plaintiff, in or about early March,
2000. Plaintiffs counsel has been requested to provide the appraisal report, but
has failed to do so.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
Defendant is unable to determine when discovery will be complete
absent Plaintiff providing the information set forth in Section (a)
above.
DATE COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT ( X)
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.
FILE W. 696 05/10 '00 IE•1iS IDt193rd SM4 MSF hldt,Pa. 711 248 2548
PAGE 1
FACSIMILE ELECTRO MAIL TRANSMITTAL
inlormelAn Collacrivr is not O 0 O Mvla •96 TAe P wwoM rian Act.)
WARNW011 • DO NOT TRANSMIT CLASSIFIED INFORMATION OVER UNSECURED TELECOMMUNICATIONS SYSTEMS.
OFFICIAL DOD TELECOMMUNICATIONS SYSTEMS ARE SUBJECT TO MONITORING AND USE OF DOD
TELECOMMUNICATIONS SYSTEMS CONSTITUMS CONSENT TO MONITORING.
SECTION 1 • TO 0E COMPLETED BY ORIGINATOR
CLASSIFICATION
UNCLAS TRANSMISSION
11 IMMEDIAtE ROUTINE PAGE 1 OF PAGES
FOR OFFICIAL USE ONLY X11
TO 101NOe Svmoat Por68 or CaAIIaL end Aditml FAK NO.
A ,+-1^?•? A I [" \ / r ^/k DSN COMMWICIAI.
C'IRec-(?R v F('?Alwc -423bSIQ
VOICE NO.
DSN COMMERCIAL
ELECTRONIC MAIL ADORISS IE•MU'l
SUBJECT
RQ gT IPa R I Q F-o
fROM totfin Symool, Pohr of Canlaal, &V AMiRS l FAX NC.
DEN COMMERCIAL
SSGT MARY A. SOUDERS
193 MSFIDPMPH 423.2548 (717)948-2548
81 CONSTELLATION COURT
MIDDLETOWN PA 17057.5086 VOICE NO,
DEN COLNAERCIAL
ELECTRONIC MAIL ADDRESS (E-Mml)
423.2375 (717)948-2575
rtu .soudets sherr.an .af.ttlil
REMARKS
E QTR y DATE ? 13 ?U N ?7 ?
>?RGt?3? D RET l "EMIE-?T DPtTT---, I Z 5UNCO
"For 0113:111 Use Only • Privacy Act of 1974 protected. This raessslelcommunication contains personal information which
must be protected IAW DOD 5400,11R from unauthorized accesslditrlosure."
RELEA IR' SIONATURE OATI
I o MA Y oU TIME
SECTION 1 • 0 SE COM b ELICTRO MAIL OPERATOR
OATS TRANS A TED --TIME TRANOMITfeO TAANIMITTER'S SICNATDRe
DATE ADDRESSEE CONTACTFO TIME ADDRESSEE CONTACTED CONTACTONS SIGNATURE
AF FORM 3535. FES 95 (EF•VTI MMORA4PRO$ PREVIOUS EDITION ISOB50LEfE.
FILE No, 696 0510 '00 15:29 ID:193rd SUIJ NSF tldt,Pa
Retiremcnts Information
717 948 2548
PAGE 2
Page 4 or6
Another area that generates numerous questions Is the section on the Application for Retired Pay (OD Form
2856) pertaining to Survivor Benefit Election. If you elected coverage when you became eligible for retired pay
then you should also receive a copy of the DO Form 1883 orARPC Form 123 in your applies on packet. Election
of survivor benefit options B and C are Irrevocable (unless there has been a divorce or death), therefore you do
not have to complete those sections which are on the back page of the DD Form 2856.
The certification section on the back page of the DD Form 2656 requires a witness to the member's signature.
This witness must oe someone who will not benefit from the member's death but does not have to be a notary
public. The witness' aignalure date must be the same as the members signature date. If the dates are not die
same, the application cannot be processed.
Miscellaneous information that's good to know:
Due to budget constraints, members in the "gray area" who are awaiting pay at age 60 no longer receive the
Afterburner, This publication may be accessed on the Internet at t gZLtb -", pay,
the
Rotlres Activities Office on each base, Members will receive the Afterburner once they 51e a xe vin?g retired .,
Members are assigned a military personnel technician using the last 2 numbers of their axial security number.
Therefore, please have the your social security number ready when you cell us or you can reach your techn;clan
by using the e7oeit.directo(y.
If the member is already receiving retlred pay Initiated through the Air Reserve Personnel Center, they must
contact the Defense Finance and Accounting Service-Cleveland Center (toll-free 1.800.321.1000) for questions
regarding their retired pay, change in withholdings, change of address, change of direct deposit information, or
anything also regarding their retired pay. Unfortunately, we can no longer be of any assistance because we no
longer maintain your personnel record,
/P Current point value chart with instructions on how to compute Reserve retired pay:
If you entered the military for the first time before September 8, 1980 your Reserve retired pay will be computed
based on the highest pay grade in which you served sallsfaetorily and the pay scale in effect when you start
drawing retirement pay
if you entered the military for the first time on or after September 8, 1980 you wig have your monthly retirement
pay computed on the average of the base monthly pay in effect for the 3 years just before you start receiving
retired pay. Bath of these laws were a result of the Fiscal Year 1881 Defense Authorization Act.
'WITH OVER FOUR YEARS OF ACTIVE ENLISTED SERVICE:
To compute estimated retired pay. Intl your grade and years of service. Use the applicable point value in the
appropriate column. Once you have your point value you multiple your total points for retirement by the point
value. This will give you an estImste of your retired pay using today's pay rates. A Master Sergeanl with 25 or
more years of service would use the factor oF.2067 Assuming the Master Sergeant had 2600 points and attained
age 60, the monthly retired pay would be computed by multiplying 2500 by .20671 or approximately $516.78
JANUARY 2000:
i Over 20 years service
Direst
Base Pay Point
to Itio_Id Value
Gen S8,830.20 .61321
Gan $7,985.40
i 55454
eel _ _
S6_t 14.66 1--_
1,42463
Over 22 years service Over 24 years service
--- Point
Base Pay Value sate Pa I Point
Value
$6,468.80
.55458
Over 26 years earvice
ease Pay y ?P01nt
_ Value
50,048.00 -,62833
57,865.40 .55454
$7,015.60 l.48719t
http:Ilwww.srPc.erglditcctorldl)/isp/retirements/retirements info.httn 1/24/2000
FILE w-, 396 05/10 •00 15:30 ID:193rd SOW MSF Mdt,Pa
Retirements Information
717 948 2543 PAGE 9
Page S of6
{Ll Go[ $5,531.,10 38410
__
. $5,724,80 0
.- $5,724.60 •6"-
--._... _
6
-.39
1754
$5,724.60 397541
Major
_$4,786.90
33_235
?
$4,786.90
?
33235
$4,785.80 _.....
,33235 .---..L_.-.. ..
$4
785.93 .332351
_
Captain $4_200_3A?
Ca
tain
$ 28109 54,200,30 ,29169 $4,200.30_- .20189 _
_
$4,200,30 ,29168
p
'
41139.10
t L
'1 .28744 $4,13810 .28744 $4,138.10 28744 $4,139.16
+28744
_
s
t $3,5562p 24698 $3656.20 .24698 $3,556,20 .24896 _
_$3,558.7.0 .24696
1st L1 $3,071.10 21327 $3,071,10
21327
$3,071.10
21327
$3,071.10 2132
7
2nd Lt $3,009.00
2
L .20898 $3,009.00 .20898 $3,009.00 .20898 _
53,006.00 .20898
rtl-
t 2,423.10 -_ ,16827 _ 52,423.10_ .16827 $2,423.10 .16827 $2,423.10 .16827
Over 20 years service over 22 years service Over 24 years service _
Over 26 years service
WO (W-5) ` - $4,423.80 307_21 $4,691.20 .31883 $4,724.10 ,32806 $4,923.30 34190
WO (W4) ( $3,974.10 !.27598 $4,107.00 .2852_1 54,235.10 ,29410 $
4,427.1030744
WO(W-3)
_$3,485.80
..
,24277
..
-.
.._-
_.
$3,622.20
25154
$3,622.20 -
.26164 _
_ 53
749
40 26038
WO(W-21 $3,136.80
.. _,-.-_ .. ...
2
1783
..... ......_.
3,283.40
?,__..._.
-
,22663
_. _?,
3,283.46
......_
.2883 ,
.
,
.
----
••-- -•-•-__.
53,263.40 ,22683
I
WO(W.. 1) $2,910.90
.. _..-........_- 1.20215
---- ----. $2,910.90 120215 52,910.9_0 . 20216
__
$2,910.90
..20215
Over 2D years service Over 22 years service Over 24 years service Over 28 years service
CMSgt_- $3,361.00 )23344 $3,537.90 1,24669
y $3,675.60 . 25525 T$3
852.60 -r
696
SAkSg? -- _$2,94630
_Must - $2,599.50
-.20460
`.78052
$3,119.40
$2,77440
21663
.19287
$3,266,0_0_
$2,912,40 .
_22625
26226 -_
3
..
53,467.10 24077
$3,119.40 12166
31
TSgi_ 52,277,00
585t
51
932
60- .15813
431 21-1
3421 $2,277.00
1
93 ,15813 $2,277.00 .16813 _ _
$2,277.00 1?6813
-?
,
.
---'- .
- ,
_I,.1
-.I._...-- L ,
2.60
$ 13421 $1,932.66
? 13421 $1
932
60
13421
With more than four years
of active e
nlisted service
. .ti..._ .
3
,
:
' WITH OVER FOUR YEARS OF ACTIVE ENLISTED SERVICE:
To Compute estimated retired pay, find your grade and years of service. Use the applicable point value in the
appropriate column. Once you have your point value you multlplo your total points for retirement by the point
value. This will give you an estimate of your retired pay using today's pay rates. A Master Sergeant with 26 or
more years of service would uae the factor of .2166. Assuming the Master Sergeant had 2600 paints and
attained age 60, the monthly retired pay would be computed by multiplying 2500 by .2186 or appraxlmately
$541 78
REGULAR, GUARD, AND RESERVE RETIRED PAY FORMULA:
http:Uwww.aipc.orwdirector/dp/rsp/retirements/retitements_htfo.htni U24/20W
FILE No. 695 0510 'GO 15:31 ID:193rd SOW MSF Ildt,Pa. 717 948 2548 PAGE 4
;RCURT-FRANCISCCS -GREGORY L SSN: 208424988 GR: 36 FILE-DT: C6 MAY 00
TEXT R/R YEAR: AD-OTH (000) SPEC (000) SCH (000) ANN (00) EAD (000)
AD-NPD (00) IDT-AFTP (00) IDT-0TH (000) ECI (000)
.. CURR R/R YEAR POINTS 000016 ENTRIES)....
.'YPE DUTY (TO) CODES: 1.-A0-OTH 20AD-SPEC- AD-SCH 4-AD ANN 5mEAD 6-IDT-AFTP
7-IDT-PD 8-IDT-NPD A-AD-NPD B-CONTINUATION PAY
RNG PERIOD (TP) CODES: O-BOTH 1-AM 2mpM
'ROM-DT TO-DT PTS TO TP FROM-DT TO-DT PTS TO TP FROM-DT TO-DT ?TS TO TP
)90613 990613 002 7 0 000205 000206 004 7 00
190710 990710 002 7 0 000212 000213 002 4
)90724 990725 004 7 00 000304 000305 004 7 00
)90807 990808 004 7 00 000415 000416 004 7 00
)90911 990912 004 7 00
)90918 997919 002 2
391016 991017 004 7 00
)91106 991107 004 7 00
)91120 991120 002 7 0
)91204 991204 002 7 0
)00103 000116 014 1
)00122 000123 004 7 DO
TRANSMIT FOR PAGE 3 PAGE 2
*MSC1T W /OVER
ACTIV E DUTY - « Z(oykS FOR PAY
U N IT T RAC N I NC-1 DAys - 44 Z3SC8 Pr
UTA 4,') X . 21(?b3
Ml~M 13CRC.)H t P PTS - t5 + 5to.at
ESTI MATED
TOTAi._ = Irl BASE RETIRED
PAY PER MO.
TcrH L PTs FOR RE.-n (:EMEki-v
A(?) OF qq c? t2 - 22.81
22.E 1
t a--L TOTAL (235`r? S OF Uo A nROo
LAW OFFICES
FLOWER. FLOWI; tH & LINDSAY
A PROFESSIONAL CORPORATION
11 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 170133016
JAMES D. PLOWER
JAMES D. PLOWER, JR.
CAROL J. LINDSAY
THOMAS E. PLOWER
May 16, 2000
Mark K. Emery, Esquire
FENSTERMACHER and ASSOCIATES, P.C.
5115 East Trindle Road
Mechanicsburg, PA 17055
(717)213.5513
PAX: (717) 213.6510
PFLE,ge"Lcom
RE: Franciscus v. Franciscus
No. 99-2825 Civil Term
Dear Mark:
I enclose a copy of the appraisal of the Franciscus home.
I have called Sgt. Mary Souders myself on May 10w. That is the person whose
phone number I was provided on the letter of January 21, 2000. Sgt. Souders advises that
Mr. Franciscus is scheduled to retire in June, 2000. She advises that he has earned, up
to January 21, 2000, 2,358 points toward retirement. She advises that those points, when
multiplied by a point valuation, presently .21663, produced a monthly pension amount. My
calculation is $510.81 per month. The problem is that the point valuation changes
periodically. Ms. Souders is going to provide me a letter with the date upon which Mr.
Franciscus entered the Air National Guard. She is also going to fax to me a copy of the
web page describing this pension system.
Although the system does not operate in a manner familiar to you and me, I suspect
that an appraiser would be familiar with it just as an appraiser is familiar with the military
retirement system or the Pennsylvania Employees' Retirement Systems. Perhaps you
could get your evaluation in that manner.
I am sorry for your amazement. I have provided you all of the information that I
have, and now, have made the telephone call for you. Please let me know what else you
think needs to be done. Since we paid for the real estate appraisal, I expect that you will
have the pension appraised and provide me a copy.
Very truly yours,
FLOW€R, FLOW & LINDSAY, P.C.
Carol J. Ind y
CJL/tjb
Enclosure
cc: Gregory Franciscus (w/encl)
ILal'. °'7' 09 ;HJ1 -15:14 ! B.ARRETT REAL ESTATE TEL:717 245 862'
N. ocl
SUMMARY APPRAISAL REPORT
LO,ATia^
BWlt up Ulben X sueuroon
X
°
Rural west 7??o no
Predominant
Growth rata Over 75
A 25.75%
I
r Uncar 25% occupancy
Properly wluac c
easing x Stable slow x prmer 96
Oenandralppy sh
°
Se X heatarm D
ed
eN^i^9 X Tanant5
crke W5
a X 3d OWAIA4 X Vacanlm)
var 6 roes
Note: Race and the al p V. n.ss
r
o-aIdo
fth
C1
no
enalghhorhaod
Nelghbxhaad boundtdisu and cwad.n.!.n,• Sehlnn r. utnotapprals¦
Factors that offiq the mark.lablllty of the properties in the
shale iomlly h°ualn0 s'rone aeantl¦nduoa% Land u¦.changer
RICE ((?n1
taon 65 Low 20 fam7y L% y: Not likely C) Likely
2J hmy. 0'/e d in t15 H 100 MIIOfenrty 6% io:Res dontlal
Pr der n cc dal 10/0
86 25- vacant 5'/s
I taotors.
th by RL041; on`=and sou5l by Rt M and on the
amoloymsnl and amanitf¦s, emptoyrront alablgly, -appeal to rnarkal, dc.):
lefamllyhomes
adfaroM.
Market Conditions in the subject neighborhood (Including euppotl lot the abevo mnduatan; related to
••suchasde4oncompaUUvnpropvlb-aforsaldnlhenalphhorbooo,desal U ligndafpropanyvalues,damaldImPPyandmerkettngOme
Pro a values are t- entl stable with an avora to marketing time of 80 100 der oa.Economic fronds and lendtnetc.);
aters have
remained favorable. Sales ConceSalone occur infra uanU . Thera are new homes under construction In surroundin
develo ants ere well as r@-sales available in the neI hborh0od.
Project Infer...... for PUDe(If app6eabl¦). la the doveloperleuildarln canbal of lnWOme Owners'Aesedallon (Hpq)7
Appozmate told number or unlla h Ihr subieet pro)ed NIA YES NO Describe r. alem Its 2"d re aa!Icnal fedgtlasj'd1A ?- Approximate lp!al nunnerafunlts for said In the subjeotpraiect N/A
Showed .19 acre M!L TMoc°aphy Baslcatly Lavol
SpadOe toning daeslfca6on and dascrl_ uen R- Comr Lot Yoe X No S@a 7 for area
P 1 Sin Innis Famil Establl Ieel
ahed Residential
IDnhgm'rpvlanro X[l, Legal Lagelnonmnfa*ii(CitandraNereduse) It No ton' Shape Roctan?ar
H 6bell us stn ov ?X Pro ntuse Olheruse eI lab ng Drainage carer ad Little
UIIIIUea Pubic Other Off-sih lmprowmenta Ty;. View
Public private Land=pl g Av0ra Residential
agiidy X 200 amp o
_ hall Asphalt X ??
Cos
-` X I Driveway smiew Concrete
Water x curb,'gdltor Concrete
Sldswetk Concraie ~" Apparent
easements Nona A rent
9enitaysewar x Sbeatl.'ghu d uels FEMS `-?+c!ryalk_a.mw 1'n X No
6etl?r Acre Nono@'-- X FEhw ZeneC Map Date 9130/77
Co
Mont (apparent adverse oacemanis, encroachments, ipedal aswssmenWsilde at orla al nonconfo min No 4210168
seas,iaa
a aront adverse easements entxoachmants or o g g 9 toning, use, etc.): There are no
thoradverea conditions. ---??
No. GENE ofU RA rile L DESCRIPTI 1 ON e
F:(TERIOR D?S.,RipTION FOUNDATION OASEMENi
Founsagcn Block .11
u{Si1tATION
Ab. ofSlories 11 b None
Ellerin wells Aluminum Ana SgFL 7Da Rocf
TYPe(Det.7Aa.l AYrz RCOt 5u13M, 7au Shin (@ O erne m Part ial RFh'shed 0!ye Calling
X
Deslpn(Stye) I basement Partial Coiling Open Joist Wags _ X
Guarss0wrtsps. Alumin um Foor D
6$grplPmpauo wndowTyaa oaublOhun Surp pulp if rain wells COnc,Block
(y ) Dampness NonoOhs. Flee. l Floor
Ails; rs. s ConelD rt
tiel t:emenl ona Ob. Nor* I
rtar9w Yrsenuleq rod Hau No Outsde Entry No ROOMS _ Inlettttllon NDne Obs,
I
INTERDR tgtcria'r1GunCitbn NEATed O KITCNEN Mau
EOUIPma s ATTIC 1 Bat s 1,755 g are Fat of Gross Udac Nn Fsavs C?Win_yl 7yps EBd . Rcbigenta None AhtENIT1E5 CAN SIORAGE:
Wills D 'aR Fuel Electric IF,pvolosm ?xJ stars Fnphec(s)% r] f Nne CD
TriMFlnin. Wood Cmd rera o Cu. •possl It Drop Star Polio r?? I Grrepe lcl :Are
ago.fksu Vlnvl mmru In. g 0erk Attached t
Doom Woodan Cher Wal
AvalGood'Bondllinn ._.. rwe
AddlEona feahnl (spedal snersy af(dent Items, $to,),
Condition of the imsravemente. deneeWlnd.... o.er r
. ..... nar Perm Y_r s y _X
-
Maowave H9aled I{,J? - Ruin-in
POM
oonsuuction remodsllnpladdlttons, elo.;
a mpparant.
Adverse lovkonmenlel eondWnes (such At. bubo t Ilintted to,
Immedlele vldnlll Of the evbieet praperly No adverse e.
"U-F-io He
substances, 01e.) present In the Improvemontnon the site, or in the
.. ._ 1..__x..__1
MAY. -I1' 00 H6') (3: ? BARRETT REAL ESTATE TEL:1,17 243 8617
SUMMARY APPRAISAL REPORT
.oe s n - _ UNIFORM RESIDENTIAL APPRAISAL. REPORT
Pn.u. ggnaly
EBNANTEOSITE VALUE, e f 30,000 Cemmeah on Cost Approach (Ouch as, sourcnol coal estimate
ESTIMATED REPRODUC110N COST-NEW OF IMPROVEMENTS- ,
site Yalus, seuars tool wlcu allonanc for 4UD
VA and FmHA
:no
Dweang 1,166 Sq.FI,®S 32.00 .S 60,080 .
,
(Ill'mated remaining ecenomcbfe of the properly):
Baml. 703 Sq. FL ®S 10.00 . _ 7,060 Cost new from Marshall Swill Valuation Service
PorcheslFne Pond . 5,000 Handbook and local cost anselvals. Land value from
Gssge'C&W 330 34, Ft. a s 25.00 = 8,250 Market Data
Com arlson. Da t, elation based an age Ilto
Tdal&IlrmledCost Now • S _ 100,980
. . . . . . ...... observed condition and Market Data Ana "is
Laos Physical Furdlonal Euara Es(. Remaining Emn. Les: 40
' .
T+stimatad Remaining Economic Life Is 4530 yours.
Ospds
Jon 311 000 . s 11,000
Csprodst:d Valuearlm7rm'omems. • . . • • , . , . , , , , , . . S 69 380
•/S{s' Value of Silo improvements , , , , , , , , , , , , , , , • = f 4 000
1 DICATED VALUE q STAPPROALI-I ...... . $ 103 400
ITEM SUBJECT CDMFARABL NO.I COMPARABLE NO. 2 COMPA BLEN0
3
38 ChetNut Street ,16 Coudfand Road 7 S ,
ussex Road 23 Walnut Street
Adieu Cam HIII Cam Hill Ca m Hill Cam HIII
Prodm Sub act ;•'•4 .25 Mile .23MIla
k LW Pike
..•
96.000
901000
Prla/CVOtt Ur.An ] 81.39 is 99.89 21 ?;'•1.=' :'f7,y:.N: 80,88 0 1'`;.`.F.i,„"- .y 110.84 m'
:: ':'l.?`:
Data and/or Inspection/ .
v rte cos Courthes Rec. MLS/Courthouse Records MLSICourlhouse Records MLS/Courthouse Records
VALUE DESCPJPTION
'
' DESCRIPTION .a rAtwh.a DESCRIPTION 1 1.11 DES RIPTION , . Ae,,,oW
SsleaaFinancing : },f
"?r'A"
:r•;?....
+
14'
r
?
' Nona,Conv None, Cost None,Conv
Cones t
;
,;ir
=
#.
.r' DOM39 DOM19 DOM7
eler-me ;'L'< 12199 7199 7199
Location Suburban Suburban Suburban Suburban
Ldsi aFse Sindais Fee Sim Is Fee Sim les Fee Slm to Foe Sim Ice
Silo
LoOAVara a
LouAVera
Lot/Average _
LouAvare s
View Rosldentlel Realdontiai Residential Reoidential
Dad n da al 1 Sto /AV 1 Sto !Av 1 Sto /AV 1 Ste /Av
AV (Aluminum Av Mn I
y
Avg NInOBrk -1 000 Av /Brick -2.500
e 23 We 25 Yn+/- 25 Yra+
f- 49 Yrs +2,500
Condition Av (Good Avg/Good
^ Av !Goad AvglGood
Above Grolier tar' a", e,u T.s' as.oo •
er„ Tow' ea,..' asu nu' ea..'
1
Room Count S; 2. 1.00 6: 3: 1.00' 4 2. 1100 4: 2: 1
0
.0'
as UvN Area 1,155 S .FL 900 Soft. : +51100 1,157 .Fl. I 812 .Fl +6,650
&aanwutFrrslud Partial Bsmu Partial Bsmu Partial Bamt/ ; Partial Bsmu
Rusoms Bela Grade Unfinished Unfinlshsd Unfinlshed 'Flnlshed -3000
Fun n l ufi Avers s Avare a Averse iAvera e
Haan I EBBtNnno GFHAICA •2,000 OFHAICA -2.000 GFHA/CA
-2,000
En Fl.!dm lte,;t heal Typical
- T Of _
T Iesl
Gr a Ono CarGara a Car or1
+1,000 Nona +3 000 Ca art +1,000
Porch. Pella, Dees, PorehowFncgl PorthlFneg Florida RmlFP •2,000 Deek/Pauo +1,000
F' s n- Pond
Fans poor etc. NIA NIA N/A WA
Netts. s4 ,r:,]r'ti;'+i'r•'?'.`'1?; X+ • f' 4.100 r X. 3 1 2.000 X a
't 3,860
AtQutUd SUes Pont .r "il:?'' "r
l;iP rfd?t;
i `?06.p9.OY.;'?r: d•??i;Qi?'ti.r;:,h Grmi'21.0'(e.??r
of t ,?
•ti,ti`; •f•.., f,+7"d?.81'.?;1.; s 54.000 94000 s:e?'_.•t.3!Yar.":FS 93,860
Cemmenh on BBIH Comparison Orduding the dubjeclproperty's compalm:lirr le the nerghbo'bood, eir !:All comparablos are slmllarin stylelutill
to the subtract re art , are vorifiad closed sales, and are the best current) avatiabte. Moat weight given to comparable e1,
the most recent sale with rho fewest adluabnonis. All COMPArables from Cumberland Park Development. Fair market rental
value would range between 9600 and 11T00/month say $650.
ITEM BL'EJECT _COMPARA3;EN0.I CGMPAPA EN0.2
?4--
-- C011PNUgl N0.]
Dale. Price and Data 416178 -
Scu'cefarploreeas 145,000 Nona Nons None
d Courthse Rec. Courthouse Records I Courthouse Records Courthouse Records
Analysis of any Wit runt stimmenl of we, option, a Ibuag of the suoiad pmpsM a+d enaNss d a+r p:a sales if ssgae; and xrpaableewirm ore yveol6a data e'ap wwl;
Subject property is not currently listed or under contract; no pnor %miss within one Vear were found.
---4
INDSCATEDVALUE BYSALESCOMPARISON APPROACH, , , , , , , , , , , ....... - --'--'- 9
. ] ,Dao
IN)CATTD VALUE BYI MEAPPROAC Ii An Ia:y fr: rn:dld IAaiet F0nllF NIA dh.=Qest cart lUhyh WA .t N/A
lbsappraaai is Tool L?j 'u if IJs-t{Wto Line::,, do il,ral;7ha hipe•,•Jum a mnc5hro acted Lel^e LJ wbfed U cnsstal plans am epaefu"i.
Cmdcwuofloxosae Tire pro eP ray has Won appralsad in cufrent condition. This appraisal Is far client only. nontranslerable. See
- -' --
attached addendum.
SEEM
. auupuroou tile onyormation
i
the Dwpaee bhnb apprdal U to asdrnel, the Turkel value of dw red proDeAy that Is the eubJecl of Inlsrawt. omen on tie above mneiaons end Ne oer7tradan.mntirgunl ':
and Dmlfng condubns, and market velua drllnldoehat are e:alad,n the adadud Radds Mao form 1301Farwnle Wale=100t8(Radeed 0103
I WEB WMATE THIN MARKET VALUE, AS DEFINEO. OF THE REAL PROPERTY THAT IS THE SUBJEC13F THIS REPORT,AS OF 0 310 712 0 0 0
MNICH IS THE DATE OF INSPECTION AND THEEFFECTn/E DATE OF THIS REPORT) TO BE -4r000 f
APPRAISE , SUP YAPPRAISER (O YI OUIRED,)?' 1 l
g?,neWro ?3 • !___?, , („ Stbnal rte; 9Z-Y• QDid QDtd Not
Name (MIl ndra J. Crooko ame Stavon W. Barrett, SRPA, SRA Inspect property
0*19 NOSloned 0 311 712 0 0 0 _ OmaRopo•ttSipned 0311712000
SLelar,"rcllloa o RL•001348-L Stale PA u1 CerOdcatb, OA-000298-L Sb a PA
State U Slda OrStau noel RB-020921•A 11
eeM. Ncr.dp ep a o a on Slate PA
PAGE 20F2 s p o ra AppfMar r.r.u.roe mr ap
Appraiser
STEVEN W.BARRETT REAL ESTATE
franciscus Appointment of master April 25, 2000
GREGORY L. FRANCISCUS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
NO. 99 - 2825 CIVIL TERM
BONNIE JO FRANCISCUS,
Defendant IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
GREGORY L. FRANCISCUS, Plaintiff above, by and through his counsel, Flower, Flower & Lindsay, P.C., moves
the court to appoint a master with respect to the following claims:
(x) Divorce (x) Distribution of Property
O Annulment O Support
(x) Alimony () Counsel Fees
() Alimony Pendente Lite () Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claim(s) for which the appointment of a master is requested.
(2) The Defendant, Bonnie Jo Franciscus, appeared in the action through counsel, Mark K. Emery,
Esquire
(3) The statutory ground(s) for divorce is/are 3301(c).
(4) Delete the inapplicable paragraph(s).
(a) The action is not contested.
(b) An agreement has been reached with respect to the following claims: none.
(c) The action is contested with respect to the following claims: none.
(5) The action does not have complex issues of law or fact.
(6) The hearing is expected to take %, day.
(7) Additional information, if any, relevant to the mo' . .
Date:
Carol J. ind ay, squire At rney for Plaintiff
ORDER APPOINTING MASTER
AND NOW, this x-17 day of 2000, E Robert Elicker, II , Esquire, is
appointed master with respect to the following claims: Divcrrce, Alimony and Distribution of Property.
By the Court,
Ll-?23'-00
k x'S
. I
11
frandscus Appointment of master April 25, 2000
GREGORY L. FRANCISCUS,
Plaintiff
VS.
BONNIE JO FRANCISCUS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 99 - 2825 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
.., r,
AND now, this_ n1.5 day of
._, 2000, I, Carol J.
Lindsay, Esquire, of the law firm of FLOWER, FLOWE 8, LINDSAY, P.C., Attorneys, hereby certify
that I served the within Motion for Appointment of Master this day by depositing same in the
United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
Mark K. Emery, Esquire
Fenstermacher & Associates, P.C.
5115 East Trindle Road
Mechanicsburg, PA 17055
FLOWER, FLOWER & LINDSAY
Attorneys for Plaintiff
By:
Carol J. Lin say, Esquire
ID #44693
11 East High Street
Carlisle, PA 17013
(717) 243-5513
r - ?.`
??
l t?
/..? '. l
GREGORY L. FRANCISCUS,
Plaintiff
V.
BONNIE JO FRANCISCUS,
Defendant
DEFENDANT BONNIE
.'' ?-d
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 99-2825
IN DIVORCE
JO FRANCISCUS' PRE-TRIAL STATEMENT
AND NOW comes the Defendant, by and through her attorneys, the Offices of
Fenstermacher and Associates, P.C., and files this Pre-Trial Statement, as follows:
1. List of Assets:
MARITAL
A. Marital Home Value: $94000
B.
C.
D.
E.
Date of Valuation: March 7, 2000
Lien: $14,000
Pension of Bonnie Jo Franciscus Value: $ 7,728.59
Pensions of Gregory Franciscus
1. Air National Guard Value:
2. Motor Truck Equipment Co. Value:
Home Furnishings Value:
Vehicles
1. 1988 Isuzu Truck Value:
2. 1996 Oldsmobile Value:
Lien:
NON-MARITAL
Unknown
$5,779.86
$2,000
Unknown
$5,750
$2,000
None
2. Expert Witness:
Wife is in the process of obtaining an expert appraisal of the value of Husband's
pensions.
3. Witnesses:
Scott Franciscus
Major Kris Kollar, Pennsylvania Air National Guard
4. List of Exhibits:
A. Mortgage statements
B. Visa statements
C. Pension documentation from Pennsylvania Air National Guard
D. Tax returns and W-2s
E. NADART Summary Plan Description and pension information
F. Bank statements of Gregory Franciscus
5. Parties' Gross Income:
The parties' most recent Federal Income Tax return is attached.
Wife's gross yearly income is approximately $20,000
6. Wife's Expense Statement:
N/A
7. Valuation of Pension:
See valuation attached.
2
B. Claim for Counsel Fees:
N/A
9. Disputed Valuations:
None, excluding possible dispute as to valuation of Husband's pensions.
10. Marital Debts:
A. Mortgage: $16,000
Original amount, $45,000, incurred in 1978
B. Credit Card: $ 5,100
Wife will provide statements evidencing all payments made since the date
of separation.
11. Proposed Resolution of Economic Issues:
Wife would be provided all rights and interest to the marital home. Wife waives
and relinquishes all rights and interest in Husband's pensions. Wife waives all alimony
3
and pending spousal support. Husband relinquishes all rights and interest in Wife's
pension. Marital debt (credit card) split 50/50. All other marital property has already
been split.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
By:'/
9 -
?-
'Marl( . Emery
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17050
(717) 691-5400
Attorney for Defendant
DATED: June 30, 2000
4
CERTIFICATE OF SERVICE
AND NOW, on this -1? day of J-HC , 2000, I, Mark K. Emery,
Esquire, hereby certify that 1 have served the foregoing Defendant's Pre-Trial Statement
by mailing a true and correct copy by United States first class mail, addressed as follows:
Carol J. Lindsay, Esquire
Flower, Flower & Lindsay, P. C.
11 East High Street
Carlisle, PA 17013
FENSTERMACHER AND ASSOCIATES, P.C.
By:
Mark K. Emery
BOB GROVE INS AGENCY
THE NATIONWIDE AGENTS' RETIREMENT PLAN
961.00780
BONNIE JO FRANCISCLIS SSNN: 199.36-7434
YOUR.TOTAL,g000UNT VALUElS: $7,728.59
OUR INVESTMENT SUMMARY.. STATEMENT FOR THE PERIOD ENDING 3/31/1999
FUND OPTION EMPLOYER ROLLOVER FUND UNIT
DISCRETIONARY BALANCE UNITS VALUE
ASSN GUARANTEED INV $1,347.78 $572.26 $1,920.05 678.3708 2.830384
COMMON STOCK $1,646.70 $1,034.36 $2,681,06 57.5527 46.584462
NATIONWIDE FUND $3,127.48 $0.00 $3,12748 405.1158 7.718965
Total $6,121.97 $1,606.62 $7,728.59
.-YOUR INVESTMENT SUMMARY STATEMENT OF 1/0111999 TO 3/31/1999
EMPLOYER DISCRETIONARY Account
FUNDOPTION Beg ?p Co dnb dws Ex anpes Withdrawals GaaVLoss Adjustments Closlnp Unay
Balance Unit Value
ASSN GUARANTEED INV $1,32641 $0.00 $0.00 6400 $21.38 $0.00
COMMON STOCK $1.567,89 so DO $0.00
$0.00 $78.01 $0.00
NATIONWIDE FUND $3,18942 $0.00 $000 $11.00
(641.94) 64.00 $1,347.79
$1.64670
$3,127.49 476.1062
2.630384
35.3407
457158
6
TOTAL: 66.De3.72 $0.00 $0.00 $0.00 936.25 $0.00 $6.121.97 7.719x65
FUNDOPTION Segnning
Belanro Conlnwtbns Expunges Withdrewal6 Gahkoss Adjustments
Cbsinp
LOS/
Balance Levi Value
ASSN GUARANTEED INV
COMMON STOCK $563.19
$984.96 $000
$0 DO $0 DD
$U.00 50.00
50.00 $9.07
$49.50 sooo
x0.00 $57226
E1,034.36 202.1840
220430
TOTAL: $LS"Los 64.00
64.00
64.00
$58.57
$0.00
al,aoa.a2 46.584462
AN care has been taken in the preparation of your quarterly statement. It an error has occurred, please contact your Plan Administrator. Nationwide will
assume all transactions are accurate unless notified within 30 d3yS.
BONNIE JO FRANCISCUS
SSNB: 199.36.7434
1 YOUR INVESTMENT SUMMARY STATEMENT OF 1/01/1999 TO 3/31/1999 (Con1d;)
PALS OF ALL ACCOUNTS - -?
FUND OPTION Seginnino
Balance -`
CoMnbubons Exchanoos Wulydrawal, GaWLOSS Adjustments Closing Unitsl
Balance unit value
ASSN GUARANTEED INV $1.609.60 50.00 90.00 $000 930.45 $0,00 $1,920.05 676.3700
COMMON STOCK $2.552.75 $000 50.00 90.00 $128.31 $0 DO $2.687.06 5755374
NATIONWIDE FUND 93,18912 $0.00 E0.00 $000
(961.94)
$000
$3,127.48 46.584462
405.1158
TOTAL: $7,631.77 90.00 $0.00 {0.00 998.92 $0.00 E7,728.69 7.719965
SON 0410 8/1 9 9 9 INVESTMENT ALLOCATION FOR FUTURE CONTRIBUTIONS WAS: -?
No Records found
Label
(See
Instructions
on page 18.)
Use the IRS
label.
Otherwise,
please print
or type.
Dnpelmunt of the Treasury- IntarnM rlavanua Dmlca
U.S, Individual Income Tax Return
1999
(941 Mu..Only-Donotwdteo slspleininlsspace,
rw Ina se Jn, I.Doa 31, 1999, or other tat onr luounning , 1099, endln, Win No, 1545.0074
Your first name and Initial Last name your sodr.acuAry rumba
GREGORY L RANCISCUS 2 W 4214988
If a lolnt return, spouse's first name and Initial Last name epoaee's sour socvdry numoer
BONNIE JO RANCISCUS 199236'7434
Home address (number and street). If you hove a P.O. box, see page 18. Apt. no. ? IMPORTANTI
36 CHESTNUT STREET You must enter
City, town or post office, slate, and ZIP code. If you have a foreign address, see page 18. your SSN(s) above.
CAMP HILL PA 17011 Yet Nato:chwkin
® Do you want $3 to go to this fund? ................................
...................................
.................................. P g
-ym• will not
chan
t
If ajolntreturn, does your spouse want $3togotothis fund? ,,,,,,,,,,,,,,,,,,,,,,,,,,,
,,,,,,,,,,,,,,,,,,,,,,_.,,_,.,. X ce your
ax or
reduce yourmNnd.
L
A
0
E
L
H
E
R
E
Filing Status 1 Single
2 X Marded filing joint return (even If only one had Income)
3 Married filing separate return. Enter spouse's soc. sec. no. above and full name here. D
4 Head of household (with qualifying person). If the qualifying person is a child but not your dependent, enter this child's
Check only name here. ?
one box. 5 Ouali in widower with dependent child ear spouse died ? 19 (Seepage 1 B.
Exemptions Ba Yourself. If yourparent(or someono else) can claim you as a dependent on his orhertax return, do not No. or W."
check .
b ®Spouse . .............................. .ra Sto sa 2
If more than six
dependents,
see page 19.
.
................................... .
Dependents:
(1)Flnt name Leal name ...................................... .
(2) Dependent's soar
eacvdry number ..........................................
rg 0epandenl's
raf=hip to
you ...........
41
kgO idff
(NSmk Wit)
box6a .................................................................................... wdon8s
Income 7 Wages, salaries, tips, etc. Attach Form(s) W-2 ..............................................................................
Attach Ba Taxable Interest. Attach Schedule B it required ..........................................
....................................
Copy B at your b Tax-exempt Interest. DO NOT Include on line Bat „,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 186
Forms W-2 and 9 Ordinary dividends. Attach Schedule B if required
W-20 here. Also
attach Form(s)
10 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Taxable refunds, or credits of state and local Income taxes ...............................................................
1 C99-R If tax 11 Alimony received ................................................................................
.....................................
was withheld. 12 Business Income of (loss). Attach Schedule C or C-EZ ...............
If you did not
13 ......................................................
Capital gain or (loss). Attach Schedule D U required. If not required, check here ..................... ? 0
get a W-2, 14 her gains or (losses). Attach Form 4797 ................................................
see page 20. 15a Total IRA distributions ............... 15a b Taxable amount (see page 22)
16a Total pensions and annuities ....., t6a b Taxable amount (see page 22)
Enclose, but do
not staple, any 17 Rental foal estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E ........................
payment. Also,. 18 Farm Income or (loss). Attach Schedule F ....................................................................................
please use 19 Unemployment compensation
Form 1040•11F. 201 Social security benefits ............ 120a I I b Taxable amount (see page 24)
21 Other Income. List type and amount (see page 24)
ROBERT C GROVE 1.363
22 Add the amounts in the far right column for lines 7 through 21. This is your total Income _. 11111,
23 IRAdeduction (see page 26),,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,
, 23 _
Adjusted 24 Student loan interest deduction (see page 26) ........ ........ .. ..............
.... 24
Gross 25 Medical savings account deduction. Attach Form 8853 ... .................... 25
Income 26 Moving expenses. Attach Form 3903 ......... ,........... .... .................... 26
27 One-half of self-employment tax. Attach Schedule SE .... ..... .......... ..... 27 97
28 Self-employed health insurance deduction (see page 28) . .. ................ 28
29 Keogh and self-employed SEP and SIMPLE plans ............... 29
30
Pen alyon ea try wrlhdrawalof saving s.... ,..... .._......_...
........_.........,
30 _
31a Alimony paid b Recipient's SSN ? 31a
32
33 Add lines 23 through 31a
Subtract line 32 from line 22. This is your adjusted gross
income
?
1i02%?M LHA For Disclosure, Privacy Act, and Paperwork Reduction Act Noliae, see page 54.
22060330 706230 DAP--FRANG 1999.05202 FRANCISCUS, GREGORY L
No. of your
chlorin on Be
who..
e INerl wlm you
e did not eve with
you due W divorce
"sopemtlon
(see pace 141
Depandents on So
not entered above
Add nunoodr, [-1
entered on
lines above Is. 2
rann 1 D40 It M
DAP-FRO 1
Form I NO (I goo)
Tax and
Credits
S130*
$400
Head of
household:
$6,350
Married filing
Jolnty or
Oualifying
widow(er);
$7,200
Other
Taxes
Have Il
directly
depft W 1
ese Pep 48
end Ile in 66b, 1
fiat, and NO,
UIX6GURY L & BONNIE JO FRANCISCUS 208-42-4988
34 Amount from line 33 (adjusted gross Income)
35a ChockIf: ......................Spouse.. ....w.....as .....65 o....r........................
0 You were 65 orolder, 0 Blind; O l "
older.... , Q Blind.
Add the number of boxes checked above and enter the total here ............•..•• 1 35a ?
b If you are married filing separately and your spouse itemizes deductions
or you were a dual-status alien, see page 30 and check here ,,. •, 1110- 30 EnteryourItemized deductions from ScheduleA,IIne28,OR•standard ..................... 35b tlan
he to
But checked any boxnonnline 35a or 35b or its meonel can claim you as a dependenftyou
37 Subtract line 36 from line 34 """""""""°°°••°
.......................
............:....................................
38 If line 341s $94,975 or less, mu81
py $2,750 by the total number of exemptions claimed on
Ilne 6d. If Ilne 34 is over $94,975, seethe worksheet on page 31 for the amount to enter
39 Taxable Income. Subtract line 38 from line 37. If fine 38 Is more than line 37, enter-0 . .................................
40 Tax. (see page 31). Check ft any tax from a ED Farm(s)6814 6 [-I Form 4972 ...........................
41 Credit for child and dependent Care expenses, Attach Form 2441.......•„ 41
42 Credit for the elderly or the disabled. Attach Schedule R 42
43 Child tax credit (seepage 33) ............................................................... 43
44 Education credits. Attach Form 8863 ...................................................... 44
45 Adoption credit. Attach Form 8839 45
46 Foreign tax credit. Attach Form 1116 If required 46
47 Other. Check if from a Q Form 3800 b O Form 8396
c = Form 8801 It 0 Form (specify) ??47
-_-__
48 Add lines 41 through 47. These are your total credits .........................................................
.n C-.---.,,__ .n, - n ._ .... -_
50 Self-employment tax. Attach Schedule SE ............................................................
51 Alternative minimum tax. Attach Form 6251 . .... ...... ...... . ....... ...
52 Social security and Medicare tax on tip Income not reported to employer. Attach Form 4137 ..,,, _ .
53 Tax on IRAs, other retirement plans, and MSAS. Attach Form 5329 H required
54 .............................................
Advance named income credo payments from Form(s) W-2 ,,,,,,,,...............
55 Household employment taxes. Attach Schedule H
.................................................................................
56 Add lines 49 ihrouoh 55. This Is vnll.Inltl t".
57 Federal Income tax withheld from Forms W-2 and 1099 ...............
...............
58 1999 estimated tax payments and amount applied from 1998 return
593 Earned Income credit. Attach Sch. EIC H you have a qualifying child
If Nontaxable earned Income: amount 10,
and type ? _
60 Additional child tax credit. Attach Form 8812
61 Amount paid with request for extension to file (see page 48)
62 Excess social security and RRTA tax withheld (see page 48)
63 Other payments. Check if from a ED Form 2439 b EnFonn 4136
R. - I--- ^ ^^ -^ '--..
65 If line 64 Is more than line 56, subtract line 56 from line 64. This Is the amount you OVERPAID
663 Amount of line 65 you want REFUNDED TO Y9U
.
.
.
If ...... s'a'........... 1
Routing number ? c Type: O Checklnp....O"Savings .... ...... .........
d Account number
Amount 66 If line 56 Is more than line 64, subtract line 64 from line 56. This Is the AMOUNT YOU OWE.
You Owe For details on how to pay, see page 49 ......................................................................................... 1
cn ?_..__._.._. _-. .. ..
Sign Undr Pe WU01 of P04ury, I dW.
Here And complete. Dednseon of proper
Your slgnetun,
Keay acopy?ay3? r
for our
t
ce
records. =
/['i
-
Paid pr°P .
tlgnstun
Flrm's ni n (or ... WJL\
UseOnIY y0er{Ifnetf.en. '5006 E
PIOy"dlsnd WdrO.a Mv"T}.T
7
500
5
It bag on NI I,,to n of WhltllP'w"W• ha,ertsnyknOYIO IOga"bent OI my kn Wg" end bevel, toy,
D.te Youroccupslbn D V"tel"
ALESMAN " (opuorno
Date SPOUNt occupation
LERICAL
Data ;'y"01M k. P-Pemh SSN w PIN
---- - -- 178-38-
Cod.
723
4
,o. 3
22060330 706230 DAP-FRANC 1999.05202 FRANCISCUS, GREGORY L DAP-FRO1
ech W.I.. ASe 'roan 1040) 1099 OMn Nu. 1545 0014 P.w 2
Nurere shown on Form 1040.00 nor enter r." and s W snoonty numbs It shown on pops 1. your wuw sounity number
GREGORY L & BONNIE JO FRANCISCUS 208'424988
Schedule B - Interest and Ordinary Dividends Alts ,rent
sequence No. 08
Part 1 Note. II you had over $4001n taxable Interest, you must also complete Part III.
Interest I Ust name of payer. If any Interest is from a soller•financod mortgage and the buyer used the Amount
property as a personal residence, sea page B•1 and list this Interest first. Also, show that
buyer's social socvr ty number and address ll?
YORK FEDERAL SAVINGS & LOAN
YORK FEDERAL SAVINGS & LOAN 141.
Note: If you
received a Form -
10994NT
,
Form 1099-001%
-
1
or substitute
statement from
a brokerage firm,
'
list the fir
s
name as the
payer and enter
-
the total Interest
shown on that
for.
2 Add the amounts on line 1 ......................................................................................................... 2 141.
3 Excludable Interest on series EE and I U.S. savings bonds Issued after 1989 from For 8815,
line 14. You MUST attach For 8815 ..........................................................................................
3
4 Subtract line 3 from line 2. Enter the result here and on For 1040, line Be ........................... 111- 4 141.
Part 11 Note. If you had over $400 in ordinary dividends, you must also complete Part III.
Ordinary 5 Ust name of payer. Include only ordinary dividends. If you received any capital gain distributions, Amount
Dividends see the instructions for For 1040, line 13. A
Note: If you
received a F
or
1099•DIV or _
Substitute '
statement from
a brokerage fir,
list the fir's
name as the 5 -
payer and enter
the ordinary
dividends shown
-
on that for.
8 Add the amounts online 5. Enter the total here and on For 1040, line 9 8
Part III You must complete this pan if you (a) had over $400 of interest or ordinary dividends; (b) had a foreign account; or
Foreign (c) received a distribution from, or were a grantor of, or a transfers to, a foreign trust. Yes No
_
Accounts 7e At any time during 1999, did you have an interest in or a signature or other authority over a financial
and account Ina foreign country, such as a bank account, securities account, or other financial account? .. _ _._,..
X
Trusts b If Yes,' enter the name of the foreign country ? _
8 During 1999, did you receive a distribution from, or were you the grantor cf, or transferor to, a foreign trust?
If 'Yes,' you may have to file Form 3520. See page B-2
X
LHA For Paperwork Reduction Act Notice, see Form 1040 Instructions. Schedule B (Form 1040) 1M
w7mi
10.11-M 4
22060330 706230 DAP-FRANG 1999.05202 FRANCISCUS, GREGORY L DAP-FR01
SCHEDULESE
(Form 1040)
Deputmant of the Tmewry
Inlomeinevenue Sake 1i N4
Name of person with s
BONNIE JO FRANCISCI
Who Must File Schedule SE
You must file Schedule SE If:
Self-Employment Tax
? Soo Instructions for Schedule SE (Form 1040).
? Attach to Form 1040,
shown on Form 1040) Social security number of
person with self-employment
Income ?
e You had net earnings from self-employment from other than church employee Income (lino 4 of Short Schedule SE or line 4c of Long Schedule SE)
of $400 or more, OR
e You had church employee Income of $10828 or more. Income from services you performed as a minister or a member of a religious order
Is not church employee income. See page SE-1.
Note: Even If you had a loss or a small amount of Income from sell-employment, it may be to your benefit to file Schedule SEand use either
'optional method' In Part U of Long Schedule SE. See page SE-3.
Exception. If your only self-employment Income was from earnings as a minister, member of a religious order, or Christian Science practitioner and
you filed Form 4361 and received IRS approval not to be taxed on those earnings, do not file Schedule SE. Instead, write 'Exempt-Form 4361' on
Form 1040, line 50.
May I Use Short Schedule SE or MUST 1 Use Long Schedule SE?
? DID YOU RECEIVE WAGES OR TIPS IN 19997
NO Yes
on ear
tax on
a
Are you using one of the
earnings (see page SE-3
No
.hot
No
or
omn No, 164!
199
3617434
to social security
Igs from self-
net Yes No
No Did you receive tips subject to social security or Medicare
tax that you did not report to your employer?
DIO you receive church employee income reported on Form W-2
of 510828 or more?
No
I YOU MAY USE SHORT SCHEDULE SE BELOW I
Section A -Short Schedule SE. Caution: Read above to see if you can use Short Schedule SE.
1 Net farts profit or (loss) from Schedule F, line 36, and tarn partnerships, Schedule K-1
(Forth 1065), line 15a ......................................................................
2 Net profit or pass) from Schedule C, line 31; Schedule C-EZ, line 3; Schedule K-1 (Form 1065), line 15a
(other than farthing); and Schedule K-1 (Form 1065-8), box 9. Ministers and members of religious orders,
see page SE-1 for amounts to report on this line. See page SE-2 for other income to report ............ TMT 2
3 Combine lines 1 and 2 .....................................................................................................................
... ...............
4 Net earnings from self-employment. Multiply line 3 by 92.35% (.9235). If less than $400, do not
file this schedule; you do not owe self-employment tax ................................................................................. ?
5 Self-employment tax. If the amount on line 4 ia:
e $72,600 or less, multiply line 4 by 15.3% (.153). Enter the result here and on 1
Form 1040, line 50. I`
More than $72,600, multiply line 4 by 2.9% (.029). Then, add $9,002.40 to the result.
Enter the total here and on Form 1040, line 50.
6 Deduction for one-half of self-employment tax.
Multiply line 5 by 50% (S). Enter the result here and on Form 1040, line 27 I e I 97.
LHA For paperwork Reduction Act Notice, see Form 1040 Instructions.
1 2 1 1, 363.
?a 1.363.
1,259.
Schedule SE (Form 1040) 1699
924WI
11-16-0 5
22060330 706230 DAP-FRANG 1999.05202 FRANCISCUS, GREGORY L DAP-FR01
Form 21 d6
DopeNmnt of the Treasury
Int.W Re ehua aml. (99)
name
L
Employee Business Expenses
? Sao Separate Instructions.
? Attach to Form 1040.
you Incurred expenses
Pmrt l Employee Business Expenses and Rolmbursoments
STEP 1 Enter Your Expenses
1 Vehicle expense from line 22c or line 29. (pural mail carriers: Seo Instructions.)
2 Parking fees, lolls, and transportation, Including train, bus, etc., that did not
Involve overnight travel or commuting to and from work .
3 Travel expense while away from home overnight, including lodging, airplane, car rental,
etc. Do not Include meals and entertalnment
......................................
. .....................
4 Business expenses not Included on lines 1 through 3. Do not Include meals
and entertainment .............................................................................................
5 Meals and entertainment expenses (see Instructions)
6 Total expenses. In Column A, add lines 1 through 4 and enter the result. In Column B,
enter the amount from line 5
............................................................................
Column A
Other Than Moals
and Entertainment
367
36
Note: If you were not reimbursed for any expenses In Step 1, skip line 7 and enter the amount from line 6 on Am 8.
STEP 2 Enter Reimbursements Received From Your Employer for Expenses Listed in STEP 1
truer reimbursements received from youremployer that were not reported to you In box 1
of Form W-2. Include any raimbursemelf [sported under code V In box 13 of your
Forth W-2 (see instructions)
STEP 3 Figure Expenses To Deduct on Schedule A (Form 1040)
8 Subtract line 7 from line 6. If zero or less, enter -0-. However, if line 7 is greater than
line 6In Column A. report the excess as income on Form 1040, line 7 8 367
NOW If both columns of line 8 are zero, you cannot deduct employee business
expenses. Stop here and attach Form 2106 to your return.
9 In Column A. enter th9 ainount Irom [in(. 3. In Column B, mubipiy line 8 by 50% (50).
(Employees subject to Department of Transportation (DOT) hours of service limits:
Muxiplymeal expenses by 55%(S5)Instead of 50%. For more details, see Instructions.).,, ..g... 367
10 Add the amounts on line 9 of both columns and enter the total here. Also, enter the total on Schedule A (Form 1040), line 20.
(Fee-basis state or local govemment officials, pualifed performing artists, and Individuals with disabilities: See the instructions
for special rules on where to enter the total.) ?
LHA For Paperwork ReducllonAclNotice, seeinstructions.
012001
+o- 4s 99 6
22060330 706230 DAP-FRANG 1999.05202 FRANCISCUS, GREGORY L
OW No 15450139
1999
AItwhn,ont
Soho-ncoNo. 54
at security number
208:4214988
Column B
Meals and
Entertainment
367.
Form 2166 (1999;
DAP-FRO 1
GREGORY L FRANCISCUS
11 Enter the date the vehicle was placed in service ..........................
12 T
t
l
il
o
a
m
es the vehicle was driven fluting 1999,,,,,,,,,,,,,,,,,,,,,
13 Busi
s
il
I
l 12
ne
s m
es
nc
uded on line 12 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
14 P
t
f b
i 13
ercen
o
us
ness use. Divide line 13 by line 12 ,,,,,,,,,,,
15 A
d
il 14 '
verage
a
y roundlripcommuting distance .................
16 C
ti
i
I
ommu
ng m
les
ncluded on line 12 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„..,.„..„.... ,.,.,..,.,,,,
17 Ot
i 18
her m
les. Add lines 13 and 16 and subtract the total from line 12,,,,,,,,,,,,,,,,,,,,,,,,,,
18 D 17
o you (oryourspDuse) have anothervehIcle available for personal use? .................. ......... ......:.. ... Yes
0No
208-42-4988
19 It your employer provided you with a vehicle, Is personal use during of-duty hours permitted? = Yes No Q Not applicable
20 Oo you have evidence to support your deduction? ED Yes No
21 If 'Yes," is the evidence written? ............................................................................................. = Yes 0 No
Section 8 • Standard Mileage Rate (Seethe Instructions for Part II to find out whether to complete this section or Section.C.
22a Multiply business miles driven before April 1, 1999, by 321/2c (.325) 22a
.................................................
b Multiply business miles driven after March 31, 1999, by 310 (.31) 22b
23 Gasoline, oil, repalrs, vehMe Insurance, etc. ,..,,,
248 Vehicle rentals ..........................................
to Inclusion amount (see Instructions) ,,,,,,,,,,,,,,,
c Subtract line 24b from line 243
25 Value of employer-provided vehicle (applies
only B 100% of annual lease value was
Included on Form W2-sea Instructions) .....,,,,
25 Add lines 23, 24c, and 25
27 Multiply line 26 by the percentage on line 14 ,...,,
28 Depreciation. Enter amount from line 38 below
29 Add lines 27 and 28. Enter total here and on
Section O • Depreciation of Vehicles (Use this section only it you evened the vehicle and are completing Section C for the vehlcle.l
30 Enter cost orolherbasis(see Instructions) ...,,,
31 Enter amount of section 179 deduction
(see Instructons) .......................................
32 Multiply line 30 by line 14 (see instructions it
you elected the section 179 deduction)
33 Enter depreciation method and percentage
(see Instructions) .......................................
34 Multiply line 32 bythe percentage on line 33
(see Instructions) .............. .
35 Add lines 31 and 34
36 Enter the limit from the table in the line 36
instruct ons .......................................
37 Multiply line 36 by the percentage on line 14
38 Enter the smaOer of line 35 of line 37. Also
917"
10-18-99 7
22060330 706230 DAP-FRANC 1999.05202 FRANCISCUS, GREGORY 1.
Form 2105 (1999)
DAP-FRO 1,
GREGORY L & BONNIE JO FRANCISCUS
208-42-4988
FORM 1040 WAGES RECEIVED AND TAXES WITHHELD STATEMENT 1
T FEDERAL STATE CITY
S EMPLOYER'S NAME AMOUNT
PAID TAX
WITHHELD TAX
WITHHELD SDI
TAX W/H FICA
T MEDICARE
AX TAX
S ROBERT GROVE
T MOTOR TRUCK EQUIPMENT 20,685
27,250. . 21109.
3
120 579.
763 207. 1,582. 0.
T RESERVE PAY DJMS-RC
5,069. ,
.
500 .
141 272. 1,689. 395.
. . 314. 74.
TOTALS 53,004. 5,729. 1,483. 479. 3,585. 469.
SCHEDULE SE NON-FARM INCOME STATEMENT 2
DESCRIPTION
ROBERT C GROVE
TOTAL TO SCHEDULE SE, LINE 2
AMOUNT
1,363.
1,363.
8 STATEMENT(S) 1, 2
22060330 706230 DAP-FRANG 1999.05202 FRANCISCUS, GREGORY L DAP-FR01
PLEASE
J
99
-
DO N OT USE YOUR 00113052
LABEL PA-40
1999 PAGE 1 OF 2
208-42-4988 FR 199-36-7434
FRANCISCUS
GREGORY
L EX 0 RS R
FRANCISCUS
BONNIE
JO A O FS J
FY 0
36 CHESTNUT STREET
CAMP HILL
PA 17011 SC 21900
PN 717-737-0864
1A
2 52774.00 1B
1 367.00 1C 52407.00
5 41.00 3 0.00 4 0.00
8 0-00 6
0.00 0.00 7 0.00
11 9
52548.00 12 52548.00
1471.00 10 0.00
I
----------------- ----------------------
PLEASE FOLD PAGE ALONG THIS LINE - - - - -' -"
Local Informallon. Enter where you lived as of 12/31/99.
SchoolDistdct: WEST SHORE
School Code: 21900
County: CUMBERLAND
Municipality: LOWER ALLEN TWP
Residency status. (Mark the correct space)
R X Resident
NR Nonresident
P Part Year Resident
From:
To:
Extension, (Mark this space)
Amended Return, (Mark this space)
Fiscal Year Filer, (Mark this space)
Type Filer. (Fill-in only one choice.)
S
J X
M
F
D
Date of Death:
Single
Married, Filing Jointly
Married, Filing Separately
Final
Deceased
1a Gross COmpensation,from PASchedule W-2S,oryour Forms W-2 or other statements ,,,.,S
TATEMENT 1
la
52,
00
1b ,
"""""
UnrelmbursedEmployee Business Expenses, from PASchedule LIE ........................ """'
1b .
3 36767.00
is .
Net Compensation. Subtract Line 1b from Line to•.•,,,,,,,,,,,,,,,,,•• .... """"'°"""•°... ... •.
is 52,
00
2 Interest Income. Complete and enclose PA Schedule Alf over$2,500 • ...................
.... 2 . 00
191 .
3 ......... . ..... .... ..
Dividend Income. Complete and enclose PA Schedule B If over $2,500 .
3
O
oO
4
°
Net Income or Loss from the Operation of Business
Profession
or Farm
.......
°•°•°
•
5 ,
,
,,.................
,,,,,... ,
Net Gain or loss from the Sale, Exchange, or Disposition of Propert..
••• • '..."..... 4 .
5 ....... ............
.......................
Not Income or Loss from Rents, Royattias,Patents, or Copyrights ,,,,, .... ..... .. .........
, 5
.......
6 0
0
.0O
10
00
7 ,
,,,,,,,,,,,,,,•
Estate or Trust Income: Complete and enclose PA Schedule J ,,,,,,, -
8 Gambling and Lottery Winnings ................
....................................................
B
0.00
9 ...................................
Total PA Taxable Income. Add onlythe positive Income amounts from Lines tc, 2, 3, 4, 5, 6, 7 and 8. .......
DO NOT ADD any losses reported on Lines 4,5, or 6 .......
.............................................
s
52, 548.00
10 ................................
Contributions To Your Medical Savings Account. Seethe instructions , ,,,,,,,,,,,,,,,,,,,,,, ......
f0 0.00
11 Adjusted PA Taxable Income. Subtract Line 10 from Line 9 ........... , ... 11 52, 548. OO
12 PA Tax Liability. Mu HIPly Ilne 11 by 2.8% (0.028). Also enter on Line 13, page 2, .......................................... ......
12
11471.00
s
0
R
EC FC I
9900113052 m m 9900113052
9900213050
PA-40
1999 PAGE20F2
FRANCISCUS GREGORY L 208-42-4988
13 1471.00 14 1483.00 15 0.00
16 0.00 17 0.00 18 0.00
19 0.00 20A 0 20B 0
21 0.00 22 0.00 23 0.00
24 0.00 25 0.00 26 0.00
27 0.00 28 1483.00 29 0.00
30 12.00 31 12.00 32 0.00
33 0.00 34 0.00 35 0.00
36 0.00 37 0.00
1•l T.1.1 DA T... Enter your tax liability from Line 12 on the first page,,,,,,,,,,,,,,,,,,,,,,,,„.,,,,,,,..........................................,........... 13 l1471-00
14 Total PA Tax Withheld, from W-2, PA Schedule W-2S, or your Forms W-2, or other statements,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,, 14 1,483-00
15 Credit from your 1998 PA Income Tax Return . ................................................. 15 0.00
16 1999 Estimated Installment Payments.,........., .,,,,,,,.
17 1999 Extension Payment . ................................................................................. 17 0-0a
18 Nonresident Tax Withheld on your PAScheduie(s)NRK-1, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 18 0.00
19 Total Estimated Payments and Credits. Add Unes15,16,17, and 18, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 19 0 • 00
Tax forgiveness Credit. Complete lines 20a, 20b, 21, and 22. Read Instructions.
20a Filing Status; UnMarded or Separted Married Deceased 20a 0
20b Dependents, Part 6, Line 2 PA Schedule SP . .................................................................................. .............. 20b 0
21 Total Eligibility Income, Part C, Line 11, PA Schedule SP . ................................................................... .........•..,. 21 0.00
22 Tax Forgiveness Credit from Part D, Line 16, PA Schedule SP . .......................................... 22 0.00
23 Total Credit for Taxes Pak to Other States or Countries. Enclose your PA Schedule G or RK-i ...... .,,,,,,, ...,,,, 23 0.00
24 PA Employment Incentive Payment Credit. Enclose your
PA Schedule W, RK-1 or NRK-1 . ................................................................................................. .............. 24 0.00
25 PA Job Creation Tax Credit, from enclosed certificate or PA ScheduleRK-1 orNRK-1, ,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,, 25 0.00
26 PA Waste Tire Recycling Investment Tax Credit, from enclosed certificate or
PA Schedule RK-1 or NRK-1 ....................................................................................................... 26
... 0. 00
27 .
PA Research and Development Tax Credit, from enclosed certificate ........... -
or PA Schedule RK-1 or NRK-1 ............................................................................................ ......... .............. 27 0-010
28 TOTAL PAYMENTS and CREDITS. Add lines 14.19 and 22 through 27 . .............................................. .............. 28 l1483-00
29 TAX DUE. If Una 13 Is more than Line 28, enter the difference here,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,....... 29 0.0a
30 OVERPAYMENT. If Line 28 is morethan Line 13, enter the difference here... ......... 30 12 • 00
31 Refund -Amount of Una 30 you want as a check mailed to you . ...................................... Refund 31 12 • 00
32 Credit -Amount of Una 30 you want as a credit to your 2000 estimated tax account. 32 0. 00
33 Donation -Amount of Line 30 you want to donate to the Wild Resource Conservation Fund. ............ .... .............. 33 0.00
34 Donation -Amount of Line 30 you want to donate to the United States Olympic Committee, PA Division . . .............. 34 0.O B
35 Donation - Amounl of Line 30 you want to donate to the Organ Donor Awareness Trust Fund. .......,_,„
35
D•00
36 Donation - Amount of Une 30 you want to donate to the KoreaNlekamMemorial, Inc. ,..,...,._,,,,,,,,, ,,,,,,,,,,,,, 36 0.00
37 Donation -Amounl of Line 30 you want to donate to the Breast and Cervical Cancer Research.. 37 0.00
S-vnerun.IIMPMPr (Jpti g
9900213050 9900213050
974"MI617.00
WAGE STATEMENT 9901210014
SUMMARY
PA Schedule W-2S (09.99)
PA DEPARTMENT OF REVENUE 1999
Nama(s) as shown on your PA tax return:
FRANCISCUS, GREGORY L &
Social Security Number:
208-42-4988
I" bucUms. Instead or aanding your paper Foma W2 with your PA tax return, or pholocopylg them to a Most of paper., yel may was the nacossary Information throw. Keep yourhdginel Forme W4.
Impwtan6 Your PAcompansatlon may todifferentfrom your federal wag". Caution. If you Wive that a PAmountmyour Form W-21s Incorrect you must submit your actual Form W2 with a written
explanation from your employer, You must submit other statements br hmounb you an reporting as compensallon on your PA tax return.
a (b1 c Enter the total on Line 1a d Enter the total on Line 14
Employer ldentilkatlonNumber
from box B Federal wages from
box 1 PA taxable compensation
from box 17 PA tax withheld
from box 18
1. 23 Is 2289873 20,685 00 20,685 00 579 00
2. 23 <?t 1287636 27,250 00 27,250 00 763 00
3. 84 9980000 5,069 00 3,476 00 141 00
4.
6.
6. '.
7.
Caution. The Department
reserves the right to require
your actual Forms W-2.
Total. Add the amounts In column (c) and (d). 1 $ 51 , 411 ( OUJ $ 1,4831001
PA Schedule .
PA DEPARTMENT Ni OF OF REVENUE Interest and Dividend Income 1999
Name(s) as shown on your PA tax return: Social Security Number.
FRANCISCUS, GREGORY L & BONNIE JO 9nn-n9-AQRR
If you need non space, you may Photocopy these schadul" or prepare your own schodulea In aria format Caution. Fad" and PA rules for taxable Interest and c h mend Immn" en different; Posd the
Instructions. Filing lips. II alther your PA Interest Income or dividend Income Is $2,500 m less, you do rot need to submit a schedule. It elthar your Interest Income or dividend Income Is mere Nan
$2,500, you must submit a schedule
Filing options:
1. You can subralt a copy of your federal schedule, or you nn lust enter your federal Interest Income and/or dNldand Income. The Department ran verify the mounts you reported on your Fad"
Income Tax ntum.
2. otherwise, list the name of each payan and! the amount of PA Interest and dividend Income You received In 1999.
I
9901210014
22060330 706230 DAP-FRANG
Information From Each Form W-2
Number of Forms W-2 3 II you need more ace ou may ohotocoov this schedule r hedule In this formal.
o Prepare your owns
9901210014
3
1999.05202 FRANCISCUS, GREGORY L DAP-FR01
PA Schedule A - PA Taxable Interest Income
Flling option 1. Enter the amount from your Federal Schedule B (Form 10401 or Schedule 1(Form 10404 1. 141.00
PA SCHEDULE
Allowable EMploy
Employee Business Expenses 9901713058
PA•UE 1999
PA O[PAMMTME MENTOF IIEVENUE
a you Incur exponses from more than one job, you may make photocopies of this schedule or make your own schedules in this format
Name of Tupayer ClalNne Expense: 9oeiel SawNy Number.
FRANCISCUS, GREGORY L 208-42bw.
Employals Noma: Emplo Potloml In Number:
RESERVE PAY
GUARD
unuuon. You may nol.use Una 4 of Form 2106 or Form 2106•EZ. You must itemize these expenses In Part G of this schedule.
Vehicle Expensos. Standord Mlleoge Rate.
Filing Tip. If you do not file Form 2106 or 2106EZ, enter your total business miles and multiply by the federal standard
mileage rate $0. Enter the result on Una 1.
1. Enter the amount from your Form 2106 or Una 1 of Form 2106•EZ ............................................................... .......... 1,
Vehicle Expenses. Actual Travel and Mileage Expenses.
2. Enter the amount from your Form 2106. Make the following adjustments: .................................................. .......... 2.
3. Add back the Inclusion amount. This adjustment does not apply for PA purposes. ......,,,
...... 3.
...
.
4. Depreciation. You may use any generally accepted method. If not using your Form 2106
enter your ..,•,
.
,
depreciation expense and complete Una 5 .................................................................
............................... 4.
.........
5. Depreciation Method. .
6. Actual Travel and Mileage Expenses for PA Purposes. Total Unes 2, 3, and 4.
7. Parking Fees, Tolls, and Transportation. Enter the amount from your Form 2106 or Form 2106EZ ................. .....
7.
8. Away From Homo Overnight. Enter the amount from your Form 2106 or Form 2106EZ ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, .....
,,,,,,,,,, 8, 367
9. Meals and Entertainment Expenses. Enter the amount from your Form 2106 or Form 2106EZ
.................... 9.
........„
10. Total Expenses for Part A. Add Unes 1 or 6 and 7, 8, and 9. ........ ... 4 ................................. 4.4 ................... .......... 10. 367
11. Union Dues. List Union name(s) and amount(s) paid. Enter total. Attach additional sheets, if needed.
Name of Union(s) and amount(s). 11.
12. Work Clothes and Uniforms. Required as a condition of employment and not suitable for everyday use. I----1-
Description: 12.1 _ I
13. Small Tools and Supplies. Required as a condition of employment and not provided by your employer. -
Description: 13.1 14. Professional License Fees, Malpractice Insurance, and Fidelity Bond Premiums. Required as
a condition of your employment. Description: 14,
15. Total Expenses for Part B. Add Lines 11, 12,13, and 14 . .............................................................................. 15.
C1. Does your employer require you to maintain a suitable work area away from the employer's premises? ••••,•••„•,,,. C1. 1. YES 2. NO
C2. Is this work area the principal place where you perform the duties of your employment? ..... C2. Q 1. YES - O 2. NO
C3. Do you use this work area regulary and exclusively to perform the duties of your employment? ........................... C3. ED 1. YES 0 2. NO If you answered YES to ALL three questions, continue. If you answered YES to ALL question, you may not claim at home expenses.
Actual Office or Work Area Expenses. Enter expenses for the entire year and then calculate the business portion.
a. Depreciation Expense (Homeowners only) ..................................
b. Real Estate Taxes .......................................................................................................................................... b.
C. Mortgage Interest (Homeowners only) ............................................................................................................ C.
d. Utilities ......................................................................................................................................................... d.
e. Property Insurance ....................................................................................................................................... e.
I. Property Maintenance. Itemize the type and amount of maintenance expenses Incurred:..
9. Other ----
Apportionable Expanses. Itemize the type and amount of these expenses:
f.
9•
h. Sent (Renters only) ................................. ................. ............ ._......._.......__.............................._................... h.
1. Total. Add lines a through h. Enter the total here,__ ..... ........................ ................__..__................................. I.
1. Business Percentage of Property. Divide the total square footage of your work area by the total
square footage of your entire properly. Round to 2 decimal places „ ...,... .......
C k. Apportioned Expenses. Multiply Line I by the decimal on Una j ........ ..,.. ....... k. 17777 i I
1. Total Office Supplies. Itemize supplies you purchased exclusively for use in your office or work area.
Total. L
16. Total Expenses for Part C. Add Lines kand I _ .......... 16.1 1
9901713058 Pa9A 9901713058
22060330 706230 DAP-FRANG 1999.05202 FRANCISCUS, GREGORY L DAP-FRO1
PA SCHEDULE VE 9901813056
Allowable Employee Business Expenses
FRANCISCUS, GREGORY L 1208-42-4988
Part D. Moving Expenses
a Enter the number of miles from your old home to your new workplace.
......................... a. miles
b. Enter ihenumber ofmiles from your oldhome toyour oldWorkplace , ,,,,,,,,,,,,,,,,,,,,,,,,,, b miles
c. Subtract Una b from Una a and enter the difference...,,,,, , , miles
If Una c Is 50 miles or more, continue. If not at least 50 miles, you may not claim moving expenses.
17. Transportation expenses In moving household goods and personal effects.
17.
18. Travel, meals, and lodging expenses during the actual move from your old home to your new home, ,,,,,,,,,,,,,,,,,, 18.
19. Total Expenses for Part D. Add Unes 17 and 18. ......
E1. Did your employer or a law require that you obtain this education to retain your present position or job?,,,,,,,,,,,,,,, 0 1. YES O2. NO
If you answer YES, continue. If you answer NO, you may not claim education expenses.
E2. Did you need this education to meet the entry level or minimum requirements to obtain your job?,,,,,,,,,,,,,,,,,,,,,,,, Q 1. YES Q 2. NO
E3. Will this education program or course of study qualify you for anew business or profession? [] 1. YES 2. NO
If you answer NO to both questions, continue. If you answer YES to either question, you may not claim education expenses.
20. Name of college, university or educational Institution.
21. Course of study.
nn T..a----`-
__. ,,.,.,..,,Or.w. .....................................................................................................
23. Course materials .............................................................................................. . . ..... . ... ........... .... ..
................................
24. Travel expenses,,,,,,,,,,,,,,,
......................... an.........................................
,,,,,,,,,,,, , , ........................... ........
25. Total Expenses for Part E. Add Lines 22, 233, , and 24 24, ............................................................
Part F. De reelation Ex enses. Ib not Include vehicles use Part A and office or work area use Part C e
(a) Description (b) Cost or (c) Depreciation (d) Depreciation (a)
of property other basis method deduction ....... 27.
.........
................ 23.
.............. 24.
nses.
Section 179
expense
) Expense
Add (d) ? (e)
28.
Part Total Expenses for Part F. Add column 1 . .......................................
Mi
ll
Cl
-
" ..... 28.
sce
.
aneous Expenses. Itemize the
ty
pe and amount of our additional ex nses includln expe
a. nses from Form 2106 or Form 2106•E 7_
b a.
.
b
C .
.
d C.
. d
e .
.
27
T
t
l Mi e.
.
o
a
scellaneous Expenses for Part O. Add Unes a through e ............... .......................
..............
Total Allewahlw Pa F.,..a....ee o...r---- c .............. 27.
anV
l also 26. Ona L1a Total expenses. Add Lines 10, 15. 16, 19, 25, 26, and, 27. , 26.1
29. Reimbursements. Enter reimbursements that your employer DID NOT report as taxable wages
on your Form or W-2 . R ...,,.,. ...
...................................................
3D. Net Expense or Reimbursement. . 367
IfLine 28isMORE than Une29,enter thedifference onUne30and.1 .............................. ... .......................... 30 20.
nclude on Line 1 b. Unreimbursed Employee Business Expenses, on your PA40.
If Una 29 is MORE than Una 28, enter the difference on Una 30 and Include the excess in Una 1 a. Gross PA Compensation, on your PA,40.
1 9901813056 9901813056 1
22060330 706230 DAP-FRA14G 1999.05202 FFRANCISCUS, GREGORY L DAP-FRO1
PA-40 GROSS COMPENSATION AND WITHHOLDING STATEMENT 1
DESCRIPTION
ROBERT C GROVE
MISCELLANEOUS INCOME - SUBTOTAL
SEE SCHEDULE W-2S
WAGES RECEIVED - SUBTOTAL
TOTAL TO PA-40, LINE IA
TOTAL TO PA-40, LINE 14
INCOME TOTAL WITHHOLDING
1,363.
1,363.
51,411. 1,483.
51,411.
52,774.
1,483.
6 STATEMENT(S) 1
22060330 706230 DAP-FRANC 1999.05202 FRANCISCUS, GREGORY L DAP-FRO3
Form 2106 Employee Business Expenses
Dop-t,L.t or the Tro ,,,y ? Sae separate Instructions.
Into,na naveeue Service teal ? Attach to Form 1040.
Your name OccupaliDn In which you Incurred expenses
GREGORY L FRANCISCUS GUARD EXPENSES
IiPart=il Employee Business Expenses and Reimbursements
STEP 1 Enter Your Expenses Column A
Other Than Meals
and Entertainment
1 vehicle expense from line 22c or line 29. (Rural mall carriers: See instructions,) 1
2 Parking fees, tolls, and transportation, including train, bus, etc., that did not
Involve overnight travel or commuting to and from work „.„. 2
3 Travel expense while away from hDmeovernight, Including lodging, airplane, tarrental,
etc. 00 not include meals and entertainment 3 367
4 Business expenses not Included on lines 1 through 3. Do not Include meals
and entertainment
5 Meats and entertainment expenses (see Instructions) ` j.
5
5 Total expanses. In Column A, add lines 1 through 4 and enter the result. In Column B,
enter the amount from line 5
................................................................................ B 367
Note: ff you were not reimbursed for any expenses In Step 1, ship line 7 and enter the amount from line 6 on line 8.
STEP 2 Enter Reimbursements Received From Your Employer for Expenses Listed in STEP 1
1 clncr runnoursemems received from your employer that were not reported to you in box 1
Of Form W-2. Include any reimbursements reported under code V in box 13 of your
Form W-2 (see Instructlnnsl
STEP 3 Figure Expenses To Deduct on Schedule A (Form 1040)
8 Subtract line 7 from line 6. It zero or less, enter -0-. However, If line 71s greater than
line 61n Column A, report the excess as Income on Form 1040, line 7 9 367
Note: If both columns of fine 8 are zero, you cannot deduct employee business
expanses. Stop hero and attach Form 2106 to yourretum.
9 In Column A, enter the amount from line S. In Column B, multiply fine 8 by 50% (.50).
(Employees subject to Department of Transportation (DOT) hours of service limits:
Multiply treat expenses by 55% (.55) instead of 50%. For more details, see instructions.),,, ...9.... 367
10 Add the amounts online 9 of both columns and enter the total here. Also, enter the total on Schedule A (Form 1040), line 20.
(Fee-basis state or local government officials, qualified performing artists, and individuals with disabilities: Seethe Instructions
for special rules on where to enter the total.) ...................................................................................................... ?
LHA For Paperwork Reduction Act Notice, see Instructions.
917001
IQ Wife 7
22060330 706230 DAP-FRANG 1999,05202 FRANCISCUS, GREGORY L
OMe No. IU!
199
Attxl,nant
Sequ.w No,
let security numbe
208 42 j444
Column B
Meals and
Entertainment
367.
Form 2106 (1999)
DAP-FRO1
GREGORY L FRANCISCUS 208-42-4988
Form 2106 119991
11 Enter the date the vehicle was placed In service ............................................................ 11
12 Total miles the vehicle was driven during 1999 ............................................................ 12
13 Business miles included on line 12 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„..,.............. 13
14 Percent of business use. Divide line 13 by line 12 ...................................................... 14
15 Average daily roundtrip commuting distance .......,,,.,,,, ,,,,,,,,,,,,,,,,,,,,,,,,, 15
16 Commuting miles Included on line 12 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 15
17 Other miles. Add lines 13 and 16 and subtract the total from line 12 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 17
18 Doyou(oryour spouse) have another vehiclaavailable forpersonal use? ........................... ......... Yes ONo
19 If your employer provided you with a vehicle, is personal use during off-duty hours permitted? ,,,,..,.,,.. 0 Yes 0 No 0 Not applicable
20 Do you have evidence to support your deduction?
21 If 'Yes,* Islhaevidence written?
........................... 0 Yes 0 No
........................... 0 Yes 0 No
Section B -Standard Mileage Rate (Seethe Instructions for Part II to find out whether to complete this section or Section C.
22a Multiply business miles driven before April 1, 1999, by 32 1120 (.325) ........................................................................... 22a
b Multiply business miles driven after March 31, 1999, by 310 (.31) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 226
23 Gasoline, oil, repairs, vehicle insurance, etc. ,,,,,,
241 Vehicle rentals ..........................................
b Inclusion amount (see instructions) ...............
c Subtract line 24b from line 24a ,,,,,,,,,,,,,,,,,,,,,
25 Value of employer-provided vehicle (applies
only it 100`yo of annual lease value was
Included on Form W-2-see Instructions) .........
26 Add lines 23, 24c, and 25 ..............................
27 Multiply line 26 by the percentage on line 14 ,..,,,
28 Depreciation. Enter amount from line 38 below ,,.
29 Add lines 27 and 28. Enter total here and on
Section 0 -Depreciation of Vehicles (Use this section only it you owned the vehicle and are comuletina Section C for the vehicle.)
30 Enter cost or other basis (see Instructions) ......
31 Enter amount of section 179 deduction
(see instructions) .......................................
32 Multiply line 30 by line 14 (see Instructions If
you elected the section 179 deduction) ..,.......,,
33 Enter depreciation method and percentage
(see Instructions) .......................................
34 Multiply line 32 by the percentage on line 33
(see Instructions) ................ ................... ._..
35 Add lines 31 and 34 ....................................
36 Enter the limit from the table in the line 36
Instructions _
37 Multiply, line 36 by the percentage on line 14
36 Enter the smaller of line 35 or line 37, Also
Form 2106 (1999)
917002
1019-99 8
22060330 706230 DAP-FRANG 1999.05202 FRANCISCUS, GREGORY L DAP-FR01
nuniber
OMB No. 1545 0008
/
r rdonldicadan numb
er
1 9fages, lips. other crcrprnsal ion
2
Federal income Lax withheld
r
r's name, address, and ZIP code I Social socuuly wag,; 4 Social security tax withheld
Robe-,rt. C. rrovn bzn,5a5 Sir5E1.a27
104 rmlirusy aeiva 5 11"APMC-11e wages and lips 6 Modicare tax withheld
rear !rill., ?P. 17011 326,685
717-737-55t{S 7 Swml%ecunly tips o Allocated tips
d Employee's social se( only numlMr
199-36-7434 9 Advance EIC paynii 10 D,, Mndent care IY'rle as
a Fmployee's name, address, and ZIP enae
nwirlLm To Frartcinctis 11 Nongual'Axd plans 12 Benelits i,cin&d m bur 1 .
3s
C'r??st:rlnr. ?:rr:?r,t 13 14 011k,
CIRmp Milli NX 17011
15 l t I ? I d it p
` I
1 a'n?
15 ' u r 1 nq qe s Slam Il nu 17 19 l1 it - a J'10 I . i.. I 71 i rn u.
Y,\ ( 23-22A40 13 SS"r,1I Cnat,,.r 52e ,? a\ c306.05
r?r n Wage and Tax
W-2 Statement 19 99
Copy 2 To Be Fit" With Ernployse's State, City, or Local Incorno Tax Retuna
h•. in, ?,. , ,.i. i'r I'. L. i,r lL, to ., rve ?.
f.
GREGORY L. FRANCISCUS,: IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. 99-2825 CIVIL
BONNIF, JO FRANCISCUS, CIVIL ACTION - LAW
Defendant IN DIVORCE
(ORDER OF COURT
AND NOW, this 23 rG day of August, 1999, upon consideration of
Defendant's Motion to Compel Answers to Interrogatories and Request for Production of
Documents, a Rule is issued upon Plaintiff to show cause why the relief requested should not be
granted.
RULE RETURNABLE within twenty (20) days of service.
BY THE COURT,
Carol J. Lindsay, Esquire
11 East High street
Carlisle, PA 17013
Attorney for Plaintiff
Mark R. Emery, Esquire
The Jonas Rupp Ilouse
5115 East Trindle Road
Mechanicsburg, PA 17055
Attorney for Defendant
:rlm
^? F9 ?o-OrrfC[
71
99 nur 23 Pr•1 3:
PL"ni syi?r:rf"UN7Y
r,. VH
.4
1
i
f
GREGORY L. FRANCISCUS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. DOCKET NO. 99-2825
BONNIE JO FRANCISCUS,
Defendant IN DIVORCE
ORDER
AND NOW, this day of 1999, upon consideration of
Defendant's Motion to Compel Answers to Interrogatories and Request for Production of
Documents, it is hereby ORDERED that Plaintiff shall provide full and complete
Answers to Defendant's Interrogatories and Request for Production of Documents
within 20 days, or suffer the appropriate sanctions.
BY THE COURT,
J.
Distribution: Mark K. Emery, Esquire
Carolyn J. Lindsay, Esquire
GREGORY L. FRANCISCUS,
Plaintiff
V.
BONNIE JO FRANCISCUS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 99-2825
IN DIVORCE
DEFENDANT'S MOTION TO COMPEL
ANSWERS TO INTERROGATORIES AND
REQUEST FOR PRODUCTION OF DOCUMENTS
AND NOW comes the Defendant, by and through her attorneys, the Offices of
Fenstermacher and Associates, P.C., and files this Defendant's Motion to Compel
Answers to Interrogatories and Request for Production of Documents, as follows:
1. On June 21, 1999, Defendant Bonnie Jo Franciscus served upon
Plaintiffs counsel her First Set of Written Interrogatories and Request for Production of
Documents. (See Exhibits "A" and "B", respectively.)
2. As timely Answers to this discovery were not provided, by correspondence
dated July 26, 1999, Plaintiffs counsel was requested to advise when the outstanding
discovery would be provided. (See Exhibit "C"). No response was provided by
Plaintiffs counsel.
3. As of this date, Plaintiff has failed to provide Answers to the outstanding
discovery.
WHEREFORE, Defendant Bonnie Jo Franciscus respectfully requests this
Honorable Court provide full and complete Answers to all discovery requests within 20
days, or suffer the appropriate sanctions.
Respectfully submitted,
FENSTERMACHER AND ASSOCIATES, P.C.
Mark K. Emery
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Defendant
DATED: August 13, 1999
2
h
EXHIBIT 'A'
GREGORY L. FRANCISCUS,
Plaintiff
V.
BONNIE JO FRANCISCUS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DOCKET NO. 99-2825
IN DIVORCE
DEFENDANT'S FIRST SET OF INTERROGATORIES
PROPOUNDED UPON THE PLAINTIFF
TO: Gregory L. Franciscus
C/O Carol J. Lindsay, Esquire
Flower, Flower & Lindsay, P. C.
11 East High Street
Carlisle, PA 17013
These Interrogatories are propounded pursuant to the Pennsylvania Rules
of Civil Procedure and are to be answered by the Plaintiff in accordance therewith.
Plaintiff is required to answer these Interrogatories in writing under oath, based upon all
information available to him and to his attorneys, employees, and other agents, or
representatives. Plaintiff is also required to serve answers to these Interrogatories within
thirty (30) days, to the offices of Defendant's counsel, Fenstermacher and Associates,
P.C., 5115 East Trindle Road, Mechanicsburg, Pennsylvania 17055, and supplement
their answers in accordance with the Pennsylvania Rules of Civil Procedure.
FranciscusThese Interrogatories are to be answered by the Plaintiff, Gregory L.
.
INSTRUCTIONS
A. The words "you" or "your" when used herein refer to Gregory L.
Franciscus, his agents, servants and/or employees.
B. "Identity" when used herein with respect to an individual means to state:
(1) the person's full name and present or last known address; and, (2) the person's
position, employer and employer's address at the time of the events referred to in the
Interrogatory.
C. "Identify" when used herein with respect to an entity other than an
individual (e.g., a corporation, partnership, unincorporated association, governmental
agency, etc.), ora
division or subdivision thereof, means to state the full name and present or last known
address of the entity, and, if applicable, the full name and present or last known address of
the entity's division or subdivision.
D. "Document" when used herein means any record, including any object
containing written, printed, or magnetically recorded information, a graphic or photographic
representation, or sound. "Document" includes the original or any copy of any statement,
report, letter, memorandum, book, article, note, blueprint, drawing, sketch, photograph,
motion picture, videotape, sound recording. "Document" also includes any card, disc,
tape, printout or any other article designed for use with a computer or other word or data
processing system.
E. "Identify" when used herein with respect to a document means to state:
(1) the nature of the document (i.e., whether it is a.statement, report, etc.); (2) the title of
the document, or, if the document has no title, a description of the document; (3) the
identity of the person or persons who prepared the document; (4) the identity of the person
or persons for whom the document was prepared or to whom the document was directed;
(5) the date the document was prepared; and, (6) the identity of the present custodian of
the document or any copy of the document.
F. "Identify" when used herein with respect to an oral communication
means to state: (1) the date the communication occurred; (2) the place where the
communication occurred; (3) the substance of the communication; (4) the identify of
the person(s) who made the communication; (5) the identity of each person to whom
such communication was made; and (6) the identity of each person who was present
when such communication was made.
I . State each address at which you have resided since February, 1999, and
identify each person who has resided with you at each such residence.
ANSWER:
2. Please indicate and itemize your yearly income from any source
whatsoever, including wages, salaries, dividends and director's fees, as well as return on
investment income or business investments for the last three years.
ANSWER:
3. Please list any and all life insurance policies on which you are the owner,
insured, or beneficiary for the past three years, included the policy number, face amount
value and cash value.
ANSWER:
4. Please list any and all pensions, retirement accounts, profit sharing
accounts, 401K plans, IRA's or any other retirement vehicle which is held by you, or for
your benefit, or which is held in your name individually or jointly with another person within
the past five years. For each such retirement vehicle, please state the institution where
held, the current balance therein and the value to you upon reaching retirement age.
ANSWER:
5. Identify all marital property of assets in your addition, possession, or n which you
have had any interest within he last three 3) yes
a. Its date of acquisition;
b. Purchase price or consideration provided to purchase;
C. Present cash value;
d. All liens or encumbrances; and
e. The location and nature of all documents evidencing the purchase
and current value.
ANSWER:
6. Identify any and all debts and/or liabilities which you are presently aware
of for which you are liable, either individually or jointly with another person, and, in
addition, identify:
a. The date such debt or liability was incurred;
b. The monthly payment on such debt or liability;
c. The current outstanding balance for such debt or liability; and
d. All other individuals jointly liable for such debt or liability.
ANSWER:
7. Identify your monthly expenses, in detail, including, but not limited to,
mortgage, clothing, food, utilities, telephone, transportation and auto, medical and
dental, insurance of any nature, loan payments, taxes and any other items.
ANSWER:
8. Please list any and all checking accounts, savings accounts or brokerage
accounts held by you, either in your name alone, jointly with another person, or which
you have signature power over, or which are held for your benefit. For each such
account, state:
a. The name of the institution where held;
b. The account number;
C. Initial deposit and date account was opened;
d. Current balance in the account; and
e. Titled owners of said account.
ANSWER:
9. Do you anticipate receipt of any devise, bequest, gift or inheritance? If so,
set forth:
a. When receipt is anticipated;
b. Amount to be received;
C. From whom the receipt is anticipated.
ANSWER:
10. Did you engage in any sexual conduct with an individual other than your
wife during the course of the marriage? If yes, identify:
a. all individuals with whom this occurred; and
b. the dates of such conduct.
ANSWER:
11. Identify the names and home addresses of all other employees of Motor
Truck Equipment Company.
ANSWER:
12. Please list and identify all benefits received by you, current, future or
accrued, to which you are entitled as a member of the Air Force National Guard.
FENSTERMACHER AND ASSOCIATES, P.C.
By:
Mark K. Emery
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Defendant
DATED: June 21, 1999
CERTIFICATE OF SERVICE
AND NOW, on this ? I day of I -c , 1999, I, Mark K. Emery,
Esquire, hereby certify that I have served the foregoing Defendant's First Set of
Interrogatories Propounded Upon the Plaintiff by mailing a true and correct copy by United
States first class mail, addressed as follows:
Carol J. Lindsay, Esquire
Flower, Flower & Lindsay, P. C.
11 East High Street
Carlisle, PA 17013
FENSTERMACHER AND ASSOCIATES, P.C.
By:
Mark K. Emery
"
EXHIBITS'
GREGORY L. FRANCISCUS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. DOCKET NO. 99-2825
BONNIE JO FRANCISCUS,
Defendant IN DIVORCE
REQUEST FOR PRODUCTION OF DOCUMENTS
TO: Gregory L. Franciscus
C/O Carol J. Lindsay, Esquire
Flower, Flower & Lindsay, P. C.
11 East High Street
Carlisle, PA 17013
YOU ARE HEREBY REQUESTED, pursuant to Pa. R.C.P. 4009,
to produce the following documents and other physical objects for inspection and
copying, within no more than thirty (30) days after service hereof, at the offices of
Defendant's counsel, Fenstermacher and Associates, P.C., 5115 East Trindle Road,
Mechanicsburg, Pennsylvania 17055, or alternatively, by delivering copies of the same
to the Defendant's counsel at the aforesaid address. This Request for Production of
Documents is deemed continuing so as to require a supplemental answer if Plaintiff, or
Plaintiffs agents or representatives obtain other information between the time the
answers are served and the time of trial.
Documents for which a proper claim of privilege can be substantiated are
expressly excluded from this request, except that Defendant requests that Plaintiff
identify all documents for which privilege is claimed, and specify the exact grounds upon
which the claim for privilege is based.
DEFINITIONS AND DIRECTIVES
The following request to produce is governed by the following definitions
and directives:
1. "You" and "your" shall mean Plaintiff, his agents and employees.
2. "Document" shall mean all forms of recorded data or information,
including writings of any kind, including the originals and all non-identical copies,
whether different from the originals by reason of any notation made on such copies or
otherwise (including, without limitation, correspondence memoranda, notes, work
sheets, diaries, statistics, letters, telegrams, telex, telefax, minutes, contracts, reports,
studies, checks, statements, receipts, returns, summaries, pamphlets, books); notations
of any sort of conversations, telephone calls, meetings or other communications;
bulletins or printed matter of any type, and all forms of drafts, notations, workings,
alterations, modifications, changes or amendments of any of the foregoing; graphical or
oral records or representations of any kind (including, without limitation, photographs,
films, charts, graphs, videotapes, recordings, and motion pictures); and electrical
records or representations of any kind (including, without limitation, tapes, cassettes,
disks and recordings).
3. "Pertain to" shall be interpreted to include relating to, referring to,
reflecting, regarding, constituting, concerning or having as its subject matter, in any
manner whatsoever, directly or indirectly, expressly or implied, the subject matter of the
specific request.
4. "Communication" includes, but is not limited to, all written or oral
discussions, statements, conversations, memoranda, notations, letters, notices or any
document.
5. If any request for documents is deemed to call for production of
privileged or work product materials and such privilege or work product is asserted,
identify in writing each document so withheld. If only a portion of a document is
privileged or work product, then redact and identify such portion thereof that is withheld.
With regard to all documents or all portions of documents withheld, provide the following
information:
(a) The reason for withholding the documents;
(b) The statement for the basis of the claim of privilege, work
product or other ground of non-disclosure;
(c) A brief description of the document,
including:
(i) the date of the document;
(ii) number of pages, attachments and
appendices;
the names of its author, authors or
preparers and an identification by
employment and title of each such
person;
(iv) the name of each person who was
sent, or shown blind copies or
carbon copies or has had access to
or custody of the document together
with an identification of each such
person;
(v) the present custodian; and
(vi) the subject matter of the document
and in the case of any document
relating to or referring to a meeting
or conversation, identification of such
meeting or conversation.
3
REQUEST TO PRODUCE
1. All statements from any retirement benefit plan, including pensions,
retirement accounts, profit sharing accounts, 401K plans, IRA or any other retirement
vehicle.
2. All bank statements for any account owned solely or jointly by you, or any
account held for your benefit or in which you have made deposits or withdrawals.
By:
Mark K. Emery
Supreme Court I.D. #72787
5115 East Trindle Road
Mechanicsburg, PA 17055
(717) 691-5400
Attorney for Defendant
DATE: June 21, 1999
4
CERTIFICATE OF SERVICE
AND NOW, on this day of
1999, I, Mark K. Emery,
Esquire, hereby certify that I have served the foregoing Defendant's Request for
Production of Documents by mailing a true and correct copy by United States first class
mail, addressed as follows:
Carol J. Lindsay, Esquire
Flower, Flower & Lindsay, P. C.
11 East High Street
Carlisle, PA 17013
FENSTERMACHER AND ASSOCIATES, P.C.
By:
Mark K. Emery
EXHIBIT 'C'
PENSTERMACHER AND ASSOCIATES, P.C.
ATTORNEYS AND COUNSELORS AT LAW
July 26, 1999
Carol J. Lindsay, Esquire
Flower, Flower & Lindsay, P. C.
11 East High Street
Carlisle, PA 17013
RE: Franciscus v. Franciscus
No. 99-2825 (Cumberland)
Q Dear Ms. Lindsay:
The response to the Interrogatories and Request for Production of Documents is
now overdue. Please advise when I might receive those Answers.
Thank you.
P Very truly yours,
FENSTERMACHER AND ASSOCIATES, P.C.
By:
Y Mark K. Emery
rc
cc: Bonnie Jo Franciscus
THE JONAS RUPP HOUSE
1 UNCOUV STRURL TRft;T C[ 5115 EAST TRINDIr ROAD OCFAN MY OMCE
1008 8 LINC
26 BAY AVENUE
11M11USSURG. PA 17112 MLGIANICSOURG. PENNSYLVANIA 17055 OCPAN G7Y, NJ 08226
(7171545-9610 (717) 691.5400 1609) 391-9461
FAX (717) 691-5441
THE JONAr POPP N00SE
CERTIFICATE OF SERVICE
AND NOW, on this P day of August, 1999, I, Mark K. Emery,
Esquire, hereby certify that I have served the foregoing Defendant's Motion to Compel
Answers to Interrogatories and Request for Production of Documents by mailing a true
and correct copy by United States first class mail, addressed as follows:
Carol J. Lindsay, Esquire
Flower, Flower & Lindsay, P. C.
11 East High Street
Carlisle, PA 17013
FENSTERMACHER AND ASSOCIATES, P.C.
By:
Mark K. Emery
J
C7 i J
f
d
ia
ON
C3
FENSTERMACHER AND ASSOCIATES, P.C.
ATTORNEYS AND COUNSELORS AT LAW
MARK K. EMERY, ESQUIRE
DIRECT DIAL (717) 691.5439
May 16, 2000
E. Robert Eiicker, II, Esquire
Cumberland County Divorce Master's Office
9 North Hanover Street
Carlisle, PA 17013
RE: Franciscus v. Franciscus
No. 99-2825 (Cumberland)
Dear Mr. Elicker:
Enclosed please find Defendant's Certification that discovery is not complete in
the above-referenced matter.
If you have any questions, please call my office.
Very truly yours,
FENSTERMACHER AND ASSOCIATES, P.C.
By:?%.." ?_---
Mafk K. Emery
rc
Enclosures
cc: Carol Lindsay, Esq.
THE JONAS RUPP HOUSE
HARRISBURG OFFCE 5115 EAST TRINDLE ROAD OCEAN CITY OFFICE
108 LINCOLN STREET 26 BAY AVENUE
HARRISBURG. PA 17112 MECHANICSBURG, PENNSYLVANIA 17055 OCrAN CITY, NJ 08226
(717) 5458610 (717) 691-5400 (609) 3919461
FAX (717) 691-5441
WE JON" ROPP NOOSE
LAW OFFICES
']LOWER, I'LOWER & LINDSAY
A PROFESSIONAL CORPORATION
I 1 EAST HIGH STREET
CARLISLE, PENNSYLVANIA 170133016
JAMES D. PLOWER (717) 243-3513
JAMES D. FLO W ER, JII. PAX: (717) 243.6510
CAROL J, LINDSAY
TFIOMAS E. FLOWER PPLEsq@,ol.com
July 12, 2000
E. Robert Elicker, il, Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Franciscus v. Franciscus
No. 99-2825 Civil Term
Dear Bob:
Mark Emery forwarded to you a Pre-trial Statement pursuant to your Pre-trial Order
in the captioned case. I represent Mr. Franciscus and have not filed a Pre-trial Statement
since the parties believe they have settled their case. I have been in contact with Mr.
Emery and we are concluding negotiations. If at any time they do not bear fruit, I will
immediately file the Pre-trial.
Thank you for your assistance.
Very truly yours,
FLOWER, FLOWER,&,LINDSAY, P.C.
CJUtib
cc: Mark K. Emery, Esquire
Greg Franciscus
GREGORY L. FRANCISCUS, IN THE COURT OF COMMON PLEAS OF.
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA:
VS. NO. 99 - 2825 CIVIL
BONNIE JO FRANCISCUS,
Defendant IN DIVORCE
ORDER OF COURT
AND NOW, this day of ?iw?rP.eJ
2000, the economic claims raised in the proceedings having
been resolved in accordance with a matrimonial settlement
agreement dated August 29, 2000, the appointment of the
Master is vacated and counsel can file a praecipe
transmitting the record to the Court requesting a final
decree in divorce.
BY THE COURT,
cc: Carol J. Lindsay
Attorney for Plaintiff
Mark K. Emery
Attorney for Defendant
/t*"-)
Geo E. Hoffer, J.
Cap.?o --
?KKS
r
Go In I !-Q CUir1c:..rl_ ' I id1Y
,r
MATRIMONIAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this y day of 4 l
2000, by and between Gregory L. Franciscus of 31 Tunbridge Lane, Carlisle, Cumberland
County, Pennsylvania ("Husband"), and Bonnie Jo Franciscus, of 36 Chestnut Street,
Camp Hill, Cumberland County. Pennsylvania ("Wife").
RECITALS
A. The parties hereto, being Husband and Wife, were lawfully married on
November 19, 1973.
B. Differences have arisen between Husband and Wife in consequence of
which they desire to be divorced.
C. Husband and Wife acknowledge that they both have consulted their
attorneys and have been advised by their attorneys of all of their rights and duties or have
had the opportunity to consult independent legal counsel and have willfully, knowingly and
voluntarily waived the right to consult an attorney.
NOW, THEREFORE, in consideration of the mutual promises, covenants
and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY
BOUND, agree as follows:
1. Recitals. The Recitals set forth above are incorporated herein by reference.
2. Divorce. It is specifically understood and agreed by and between the
parties, and each party does hereby warrant and represent to the other that, as defined in
the Divorce Code, their marriage is irretrievably broken. Husband has filed an action in
the Court of Common Pleas, Cumberland County, Pennsylvania, Docket No. 99-2825.
The parties agree to take all legal steps (including the timely and prompt submission of all
documents and the taking of all actions) necessary to assure that a divorce pursuant to
23 Pa. C.S.A. § 3301 as amended of the Divorce Code is entered as soon as possible.
This Agreement and any ancillary or supplemental agreements shall be incorporated by
reference but not merged into the proposed Divorce Decree presented to the Court.
Husband and Wife shall at all times hereafter have the right to live separate
and apart from each other and to reside from time to time at such place or places as they
shall respectively deem fit, free from any control, restraint or interference whatsoever by
each other. Neither party shall molest the other in any way whatsoever nor endeavor to
compel the other to cohabit or dwell with him or her by any legal or other proceedings.
The foregoing provision shall not be taken to be an admission on the part of either
Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living
apart.
3. Marital Property.
(a) Real Propert y. Husband and Wife are joint owners of real property,
and improvements situated thereon, located at 36 Chestnut Street, Camp Hill,
Cumberland County, Pennsylvania. Husband 'hereby relinquishes all right, title and
interest in the real property. Husband agrees to execute all documents necessary to
2
convey, transfer or encumber the real property as is reasonably required by Wife
including, but not limited to, deeds, mortgages or agreements of sale.
Wife agrees that she is solely responsible for all mortgage payments, as
well as all utilities or other costs or assessments which arise. Wife hereby expressly
agrees to indemnify, defend and hold harmless Husband from any and all liability, direct
or indirect, including attorney's fees and costs, which may arise in connection with their
obligation, joint or otherwise, for which she has agreed hereunder to bear sole
responsibility.
(b) Personal Property. Husband and Wife acknowledge that they
currently have in their possession all of their separate and distinct personal property. All
other property, marital or non-marital, currently existing in the residence located at 36
Chestnut Street, Camp Hill, Cumberland County, Pennsylvania, shall be provided to Wife.
Husband hereby relinquishes all right, title and interest in all other marital and non-marital
personal property located at the marital residence.
(c) Retirement. Pension. 401-K Plan. Husband hereby relinquishes all
right, title and interest in Wife's retirement, pension and/or 401-K Plans including, but not
limited to, plans under the Nationwide Agents Retirement Plan, and Wife hereby
relinquishes all right, title and interest in Husband's personal retirement, pension and/or
401-K Plans including, but not limited to, all plans under the Pennsylvania Air National
Guard and Motor Truck Equipment Company.
3
(d) Payment of Funds.
sum of ' , . ,-;ftm-19-days-of-the`date-of this'-Agreement.
Said payments shall be
e at the rate of 00 ep r_rrior and payable on the first day of each month,
commencing A guzt 1, 2000, and each month thereafter until paid in full.
4. Debts and Obligations.
(a) Individual debts/obligations. Each of the parties shall assume all
debts and obligations presently in their individual names and shall indemnify, defend and
hold the other harmless from said debts and obligations, whether incurred prior to, during,
or subsequent to the marriage. This shall include all personal, individual credit cards and
personal individual loans by either parry except as otherwise set forth herein. Each party
hereby agrees to pay and hereby agrees to hold the other harmless from any and all
personal debts and obligations incurred by him or her on or after the date of this
Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the
other party liable on account of any such debts and obligations, such party will at his or
her sole expense defend the other party against any such claim, action or proceeding,
whether or not well-founded, and indemnify the other party against any loss resulting
therefrom.
(b) Joint debts/obligations. Husband and Wife represent that they are
jointly indebted on a Visa charge card in the amount of approximately $5,000. Wife
Husband agrees that he shall pay to Wife the
4
agrees that she will be solely responsible for this marital debt, and will make all payments
when due.
Wife hereby agrees to indemnify, defend and hold harmless Husband from
any and all liability, direct or indirect, including attorneys' fees and costs, which may arise
in connection with'this debt.
Each party otherwise hereby expressly agrees to indemnify, defend and
hold harmless the other from any and all liability, direct or indirect, including attorneys'
fees and costs, which may arise in connection with an obligation, joint or otherwise, for
which the party has agreed hereunder to bear sole or partial responsibility, or which the
party has failed to disclose and provide for herein.
5. Legal Fees. Husband agrees that he shall be respo sible,?wn legal
and other fees incurred by him, as well as legal fees of 0 iI curred by Wife (as set
forth in Paragraph 3 (d) above) in connection with this matter.
6. Automobiles. Upon execution hereof, the parties agree that the 1996
Oldsmobile automobile shall become the sole free and clear property of Wife. Husband
waives any right, title or interest he may have in and to said automobile and shall promptly
execute any title or transfer documents necessary to fulfill this provision.
The parties further agree that the 1988 Isuzu Truck shall become the sole
free and clear property of Husband. Wife waives any right, title or interests she may have
5
in and to said vehicles and shall promptly execute any title or transfer documents
necessary to fulfill this provision.
7. Other Writings. Each of the parties hereto agrees to promptly execute any
and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably
necessary to carry out the intent of this Agreement.
8. Further Debt.
(a) Wife shall not contract or incur any debt or liability for which Husband
or his property or estate might be responsible and shall indemnify and save harmless
Husband from any and all claims or demands, including attorneys' fees and costs, made
against him by reason of debts or obiigations incurred by her.
(b) Husband shall not contract or incur any debt or liability for which Wife
or her property or estate might be responsible and shall indemnify and save harmless
Wife from any and all claims or demands, including attorneys' fees and costs, made
against her by reason of debts or obligations incurred by him.
9. Mutual Release. Except as otherwise provided herein and so long as this
Agreement is not cancelled by subsequent agreement, the parties hereby release and
discharge, absolutely and forever, each other from any and all rights, claims and
demands, past, present and future, specifically from the following: alimony pendente lite;
alimony; spousal support; division of property; claims or rights of dower and right to live in
the House; right to act as executor or administrator in the other's estate; rights as devisee
6
or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in
any life insurance policy of the other unless specifically named otherwise or as required
herein; and any claim or right in the distributive share or intestate share of the other
party's estate, all unless specified to the contrary herein or in a subsequent writing signed
by the parties hereto.
10. Tax Return. The parties shall file separate individual income tax returns
beginning with tax year 2000. Each parry shall be solely liable for any tax liability from
that period forward and shall indemnify, defend and hold the other harmless from and
against any such liability.
11. Entire Agreement. This Agreement constitutes the entire understanding
between the parties, and there are no covenants, conditions, representations or
agreements, oral or written, of any nature whatsoever, other than those herein contained.
12. Legally Binding. It is the intent of the parties hereto to be legally bound
hereby, and this Agreement shall bind the parties hereto and their respective heirs,
executors, administrators and assigns.
13. Full Disclosure. Each party asserts that she or he has fully and completely
disclosed all the real and personal property of whatsoever nature and wheresoever
located belonging in any way to each of them; of all debts and encumbrances incurred in
any manner whatsoever by each of them; of all sources and amounts of income received
or receivable by each party; and of every other fact relating in any way to the subject
7
matter of this Agreement. These disclosures are part of the consideration made by each
party for entering into this Agreement. Each party further represents and warrants that
there are no undisclosed debts or obligations for which the other party may be liable, and
each party shall indemnify and hold harmless the other party from any such liabilities,
including attorneys' fees and costs.
14. Costs to Enforce. In the event that either party defaults in the performance
of any duties or obligations required by the terms of this Agreement, and legal
proceedings are commenced to enforce such duty or obligations, the party found to be in
default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a
result of such proceedings.
15. Agreement Voluntary and Clearly Understood
Agreement acknowledges and declares that he or she respectively:
Each party to this
(a) Is fully and completely informed as to the facts relating to the subject
matter of this Agreement and as to the rights and liabilities of both parties;
(b) Enters into this Agreement voluntarily after receiving the advice of
independent counsel or, having been advised to consult independent counsel, has
knowingly and voluntarily chosen to forego such consultation;
(c) Has given careful and mature thought to the making of this
Agreement;
(d) Has carefully read each provision of this Agreement; and;
8
(e) Fully and completely understands each provision of this Agreement,
both as to the subject matter and legal effect.
16. Amendment or Modification. This Agreement may be amended or modified
only by a written instrument signed by both parties.
17. Applicable Law. This Agreement shall be governed, construed and
enforced under the statute and case law of the Commonwealth of Pennsylvania.
18. Spousal Support. In consideration of the terms hereof, Husband and Wife
mutually agree to waive any claim either may have for alimony or spousal support except
as may otherwise be provided herein.
19. Counterparts. This Agreement may be executed in separate counterparts,
each counterpart deemed an original and when combined represents the legal binding
intent of the parties hereto.
20. Severability. If any part of this Agreement is determined to be invalid by a
court of competent jurisdiction, such determination shall not invalidate the entire
document but shall apply only to that phrase, sentence, paragraph or section. The
remainder of the sentence, paragraph, section and Agreement shall continue in full force
and effect.
9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first above written:
WITNESS:
-- 7 GY1
WITNESS:
HUSBAND:
CGl?
Bonnie Jo
10
GREGORY L. FRANCISCUS,
Plaintiff
V.
BONNIE JO FRANCISCUS,
Defendant
IN TTiE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVILACTION-LAW
NO. 99-2825 CIVIL TERM
ORDER OF COURT
AND NOW, this P day of December, 2004, upon consideration of Defendant's
Motion for Enforcement of Matrimonial Settlement Agreement, a hearing is scheduled
for Monday, January 3, 2004, at 9:30 a.m., in Courtroom No. 1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
Aegory J. Franciscus
413 Meade Avenue
Hanover, PA 17331
Plaintiff
lark K. Ernery, Esq.
410 North Second Street
Harrisburg, PA 17101
Attorney for Defendant
Courtesy Copy:
?Keorge F. Douglas, 111, Esq.
26 West High Street
Carlisle, PA 17013
)2.-o O'{
:rc
BY THE COURT,
I,,I
i;• f.J
Gregory L, Franciscus : IN THE: COURT OP COMMON PLEAS O
CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-2825
Bonnie Jo Pranciscus : CIVIL ACTION - LAW
IN DIVORCE
ORDER
AND NOW, this ay of 2004, upon consideration of
Defendant's/Petitioner's Motion to Enforce Matrimonial Settlement Agreement it is hereby
ordered that Husband shall execute a deed transferring the parties' marital property at 36
Chestnut Street, Camp Hill, Pennsylvania to Wife within ten days of the date of this Order.
Further, Husband shall pay to Wife the amount of $750.00 in attorney's fees within ten days of
the date of this Order. Husband's failure to abide by this Order shall be deemed a contempt of
Court.
BY THE COURT:
J.
Distribution:
Mark K. Emery, Esq.
George F. Douglas, Esq.
Gregory L. Franciscus : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-2825
Bonnie Jo Franciscus : CIVIL ACTION - LAW
IN DIVORCE
MOTION FOR ENFORCEMENT OF MATRIMONIAL SETTLEMENT AGREEMENT
AND NOW COMES, the Defendant/Petitioner, Bonnie Jo Franciscus, by and through her
attorney, Mark K. Emery, Esquire, and files this Motion For Enforcement of Matrimonial
Settlement Agreement as follows:
Husband/Respondent, Gregory L. Franciscus, ("Husband") filed a Complaint in
Divorce on May 10, 1999.
2. On August 29, 2000, the parties entered into a Matrimonial Settlement
Agreement. ("Agreement') Said Agreement is attached and incorporated fully
herein as Exhibit "A". Pursuant to Paragraph 3 (a) of the Agreement, Wife was
provided the marital property located at 36 Chestnut Street, Camp Hill,
Pennsylvania (the "Property") and Husband relinquished all right, title and interest
in such property.
3. In addition, Husband agreed "to execute all documents necessary to convey,
transfer or encumber the real property as is reasonably required by Wife including,
but not limited to, deeds, mortgages or agreements of sale." See Agreement
Paragraph 3(a).
4. At the time of the 1 Agreement and forward, Husband remained on the decd of the
marital property.
5. Recently, Wife has fully satisfied the mortgage on the Property, allowing Husband
to now be removed from the deed and the Property transferred solely to Wife.
6. Wife has been approved on a refinance of the Property so she may be able to
utilize the funds to pay off other debts.
Wife has requested from Husband that he execute a deed transferring the Property
solely to Wife, yet despite the clear requirement of the Agreement, Husband has
refused.
8. A transfer deed has been provided to Husband, requiring Husband to simply
execute the deed and return it. However, Husband has consistently refused to
execute the deed in direct contravention to the Agreement,
9. By correspondence dated November 10, 2004, Husband, through his counsel, was
again demanded to execute the deed and return it to the undersigned's office by no
later than Friday, November 19, 2004. A copy of such correspondence is attached
and incorporated fully herein as Exhibit "B".
10. There exists no good faith basis for Husband to refuse to execute the deed, and his
refusal is based solely on a desire oppose the desires of his ex-wife.
11. Despite repeated demands and the clear obligation imposed under the Agreement,
Husband refuses to execute the deed despite the requirements set forth in the
Agreement. Pursuant to paragraph 14 of the Agreement, Husband is responsible
for all expenses, including reasonable attorney's fees, incurred as a result of Wife
having to file this Motion in order to enforce the Matrimonial Settlement
Agreement.
WHEREFORE, Defendant/Pctitioner, Bonnie Jo Franciscus, respectfully requests this
Honorable Court enter an Order requiring
from }Iusband to execute a deed transferring the Property
Husband and Wife to Wife within in ten days of the date of the Court's Order and further
pay to Wife attorney's fees in the amount $750.00 within ten days of the date of the Co r
Order. Husband's failure to comply with this Order shall be deemed a contempt of Court.'s
I Respectfidly submitted,
LAW OFFICES OF MARK K. EMERY
Mark K. Emery, Esqquir?e
Attorney ID # 72787
410 North Second Street
Harrisburg, pA 17101
(717) 238-9883
DATE: Attorney for Defendant/Petitioner
November 23, 2004.
CERTIFICATE OF SERVICE
AND NOW, this 23rd day of November, 2004, I, Mark K. Emery, Esquire do
hereby certify that I have served the Motion for Enforcement of Matrimonial Settlement
Agreement by mailing a true and correct copy via United States first class mail,
addressed as follows:
George F. Douglas, Esquire
Saidis, Schuff, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
LAW OFFICES OF MARK K. EMERY
By:
Mark 1Z. Emery
MATRIMONIAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this q day of
2000, by and between Gregory L. Franciscus of 31 Tunbridge Lane, Carlisle, Cumberland
County, Pennsylvania ("Husband"), and Bonnie Jo Franciscus, of 36 Chestnut Street,
Camp Hill, Cumberland County, Pennsylvania ("Wife").
RECITALS
A. The parties hereto, being Husband and Wife, were lawfully married on
November 19, 1973.
B. Differences have arisen between Husband and Wife in consequence of
which they desire to be divorced.
C. Husband and Wife acknowledge that they both have consulted their
attorneys and have been advised by their attorneys of all of their rights and duties or have
had the opportunity to consult independent legal counsel and have willfully, knowingly and
voluntarily waived the right to consult an attorney.
NOW, THEREFORE, in consideration of the mutual promises, covenants
and undertaking herein contained, the parties, each INTENDING TO BE LEGALLY
BOUND, agree as follows:
1. Recitals. The Recitals set forth above are incorporated herein by reference.
2. Divorce. It is specifically understood and agreed by and between the
parties, and each party does hereby warrant and represent to the other that, as defined in
the Divorce Code, their marriage is irretrievably broken. Husband has filed an action in
the Court of Common Pleas, Cumberland County, Pennsylvania, Docket No. 99-2825.
The parties agree to take all legal steps (including the timely and prompt submission of all
documents and the taking of all actions) necessary to assure that a divorce pursuant to
23 Pa. C.S.A. § 3301 as amended of the Divorce Code is entered as soon as possible.
This Agreement and any ancillary or supplemental agreements shall be incorporated by
reference but not merged into the proposed Divorce Decree presented to the Court.
Husband and Wife shall at all times hereafter have the right to live separate
and apart from each other and to reside from time to time at such place or places as they
shall respectively deem fit, free from any control, restraint or interference whatsoever by
each other. Neither party shall molest the other in any way whatsoever nor endeavor to
compel the other to cohabit or dwell with him or her by any legal or other proceedings.
The foregoing provision shall not be taken to be an admission on the part of either
Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living
apart.
3. Marital Property.
(a) Real Property. Husband and Wife are joint owners of real property,
and improvements situated thereon, located at 36 Chestnut Street, Camp Hill,
Cumberland County, Pennsylvania. Husband hereby relinquishes all right, title and
interest in the real property. Husband agrees to execute all documents necessary to
2
convey, transfer or encumber the real property as is reasonably required by Wife
including, but not limited to, deeds, mortgages or agreements of sale.
Wife agrees that she is solely responsible for all mortgage payments, as
well as all utilities or other costs or assessments which arise. Wife hereby expressly
agrees to indemnify, defend and hold harmless Husband from any and all liability, direct
or indirect, including attorney's fees and costs, which may arise in connection with their
obligation, joint or otherwise, for which she has agreed hereunder to bear sole
responsibility.
(b) Personal Property. Husband and Wife acknowledge that they
currently have in their possession all of their separate and distinct personal property. All
other property, marital or non-marital, currently existing in the residence located at 36
Chestnut Street, Camp Hill, Cumberland County, Pennsylvania, shall be provided to Wife.
Husband hereby relinquishes all right, title and interest in all other marital and non-marital
personal property located at the marital residence.
(c) Retirement. Pension. 401-K Plan. Husband hereby relinquishes all
right, title and interest in Wife's retirement, pension and/or 401-K Plans including, but not
limited to, plans under the Nationwide Agents Retirement Plan, and Wife hereby
relinquishes all right, title and interest in Husband's personal retirement, pension and/or
401-K Plans including, but not limited to, all plans under the Pennsylvania Air National
Guard and Motor Truck Equipment Company.
3
4
?(d)
sum of
Said payments shall be
V'e
at the rate of montliand payable on the first day of each month,
,f
ommencing.Au?ast 1, 2000, and each month thereafter until paid in full.
4. Debts and Obligations.
(a) Individual debts/obligation. Each of the parties shall assume all
debts and obligations presently in their individual names and shall indemnify, defend and
hold the other harmless from said debts and obligations, whether incurred prior to, during,
or subsequent to the marriage. This shall include all personal, individual credit cards and
personal individual loans by either party except as otherwise set forth herein. Each party
hereby agrees to pay and hereby agrees to hold the other harmless from any and all
personal debts and obligations incurred by him or her on or after the date of this
Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the
other party liable on account of any such debts and obligations, such party will at his or
her sole expense defend the other party against any such claim, action or proceeding,
whether or not well-founded, and indemnify the other party against any loss resulting
therefrom.
(b) Joint debts/obligations. Husband and Wife represent that they are
jointly indebted on a Visa charge card in the amount of approximately $5,000. Wife
Payment of Funds. Husband agrees that he shall pay to Wife the
4
agrees that she will be solely responsible for this marital debt, and will make all payments
when due.
Wife hereby agrees to indemnify, defend and hold harmless Husband from
any and all liability, direct or indirect, including attorneys' fees and costs, which may arise
in connection with this debt.
Each party otherwise hereby expressly agrees to indemnify, defend and
hold harmless the other from any and all liability, direct or indirect, including attorneys'
fees and costs, which may arise in connection with an obligation, joint or otherwise, for
which the party has agreed hereunder to bear sole or partial responsibility, or which the
party has failed to disclose and provide for herein.
5. Legal Fees. Husband agrees that he shall be respo Bible wn legal
and other fees incurred by him, as well as legal fees of ?0 iI curred Wife (as set
forth in Paragraph 3 (d) above) in connection with this matter.
6. Automobiles. Upon execution hereof, the parties agree that the 1996
Oldsmobile automobile shall become the sole free and clear property of Wife. Husband
waives any right, title or interest he may have in and to said automobile and shall promptly
execute any title or transfer documents necessary to fulfill this provision.
The parties further agree that the 1988 Isuzu Truck shall become the sole
free and clear property of Husband. Wife waives any right, title or interests she may have
5
in and to said vehicles and shall promptly execute any title or transfer documents
necessary to fulfill this provision.
7. Other Writings. Each of the parties hereto agrees to promptly execute any
and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably
necessary to carry out the intent of this Agreement.
8. Further Debt.
(a) Wife shall not contract or incur any debt or liability for which Husband
or his property or estate might be responsible and shall indemnify and save harmless
Husband from any and all claims or demands, including attorneys' fees and costs, made
against him by reason of debts or obligations incurred by her.
(b) Husband shall not contract or incur any debt or liability for which Wife
or her property or estate might be responsible and shall indemnify and save harmless
Wife from any and all claims or demands, including attorneys' fees and costs, made
against her by reason of debts or obligations incurred by him.
9. Mutual Release. Except as otherwise provided herein and so long as this
Agreement is not cancelled by subsequent agreement, the parties hereby release and
discharge, absolutely and forever, each other from any and all rights, claims and
demands, past, present and future, specifically from the following: alimony pendente lite;
alimony; spousal support; division of property; claims or rights of dower and right to live in
the House; right to act as executor or administrator in the other's estate; rights as devisee
6
or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in
any life insurance policy of the other unless specifically named otherwise or as required
herein; and any claim or right in the distributive share or intestate share of the other
party's estate, all unless specified to the contrary herein or in a subsequent writing signed
by the parties hereto.
10. Tax Return. The parties shall file separate individual income tax returns
beginning with tax year 2000. Each party shall be solely liable for any tax liability from
that period forward and shall indemnify, defend and hold the other harmless from and
against any such liability.
11. Entire Agreement. This Agreement constitutes the entire understanding
between the parties, and there are no covenants, conditions, representations or
agreements, oral or written, of any nature whatsoever, other than those herein contained.
12. Legally Binding. It is the intent of the parties hereto to be legally bound
hereby, and this Agreement shall bind the parties hereto and their respective heirs,
executors, administrators and assigns.
13. Full Disclosure. Each party asserts that she or he has fully and completely
disclosed all the real and personal property of whatsoever nature and wheresoever
located belonging in any way to each of them; of all debts and encumbrances incurred in
any manner whatsoever by each of them; of all sources and amounts of income received
or receivable by each party; and of every other fact relating in any way to the subject
7
matter of this Agreement. These disclosures are part of the consideration made bar each
party for entering into this Agreement. Each party further represents and warrants That
there are no undisclosed debts or obligations for which the other party may be liable, and
each party shall indemnify and hold harmless the other party from any such liabilities;
including attorneys' fees and costs.
14. Costs to Enforce. In the event that either party defaults in the performance
of any duties or obligations required by the terms of this Agreement, and legal
proceedings are commenced to enforce such duty or obligations, the party found to be in
default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a
result of such proceedings.
15. Agreement Voluntary and Clearly Understood. Each party to this
Agreement acknowledges and declares that he or she respectively:
(a) Is fully and completely informed as to the facts relating to the subject
matter of this Agreement and as to the rights and liabilities of both parties;
(b) Enters into this Agreement voluntarily after receiving the advice of
independent counsel or, having been advised to consult independent counsel, has
knowingly and voluntarily chosen to forego such consultation;
(c) Has given careful and mature thought to the making of this
Agreement;
(d) Has carefully read each provision of this Agreement; and;
8
(e) Fully and completely understands each provision of this Agreement,
both as to the subject matter and legal effect.
16. Amendment or Modification. This Agreement may be amended or modified
only by a written instrument signed by both parties.
17. Applicable Law. This Agreement shall be governed, construed and
enforced under the statute and case law of the Commonwealth of Pennsylvania
18. Spousal Support. In consideration of the terms hereof, Husband and Wife
mutually agree to waive any claim either may have for alimony or spousal support except
as may otherwise be provided herein.
19. Counterparts. This Agreement may be executed in separate counterparts,
each counterpart deemed an original and when combined represents the legal binding
intent of the parties hereto.
20. Severability. If any part of this Agreement is determined to be invalid by a
court of competent jurisdiction, such determination shall not invalidate the entire
document but shall apply only to that phrase, sentence, paragraph or section. The
remainder of the sentence, paragraph, section and Agreement shall continue in full force
and effect.
9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first above written:
WITNESS:
?/1C2P?-EeJ?eG4
WITNESS:
HUSBAND:
>1
10
LAW OFFICES OF MARK K. EMERY
410 North Second Street
Harrisburg, PA 17102
(717) 238.9883
Mark K. Emery, Esquire
Fax (717) 238.9884
e-mail memerylaw@aol.com
November 10, 2004
George Douglass, Esquire
Saidis, Schuff, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
Via fax 243-6486
RE: Franciscus
Dear George:
I can wait no longer to move this matter forward. I do not believe there is
any valid reason for Mr. Franciscus to not abide by the requirements of the
n Matrimonial Settlement Agreement, and believe his delay is solely to act contrary
to the desires of his ex-wife. Therefore, I must receive the fully executed and
notarized deed in my office by end of business on Friday, November 19, 2004.
O
n If that does not occur, I will thereafter motion the Court to enforce the
U Settlement Agreement, and, as mandated under the Agreement, will ask that Mr.
Franciscus be required to pay all attorney's fees. Those fees are already
accruing, and of course will be substantially higher should I need to prepare and
file a motion. Since my client has already had to incur attorney fees on this
matter, once I commence the motion I will not withdraw it upon a later
presentation of the deed, but will do so only upon full reimbursement of my client.
Very truly yours,
LAW OFFICES OF MARK K. EMERY
By:
Mark K. Emery
MKE/vh
cc: Bonnie Jo Franciscus
4/0 v-
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.;
4l ?-.. N
U I
?
j 47
C7 Cp ?
N U
Gregory L. Franciscus : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-2825
Bonnie Jo Franciscus : CIVIL ACTION - LAW
IN DIVORCE
MOTION FOR ENFORCEMENT OF MATRIMONIAL SETTLEMENT AGREEMENT
AND NOW COMES, the Defendant/Petitioner, Bonnie Jo Franciscus, by and through her
attorney, Mark K. Emery, Esquire, and files this Motion For Enforcement of Matrimonial
Settlement Agreement as follows:
1. Husband/Respondent, Gregory L. Franciscus, ("]Husband") filed a Complaint in
Divorce on May 10, 1999.
2. On August 29, 2000, the parties entered into a Matrimonial Settlement
Agreement. ("Agreement") Said Agreement is attached and incorporated fully
herein as Exhibit "A". Pursuant to Paragraph 3 (a) of the Agreement, Wife was
provided the marital property located at 36 Chestnut Street, Camp Hill,
Pennsylvania (the "Property") and Husband relinquished all right, title and interest
in such property.
3. In addition, Husband agreed "to execute all documents necessary to convey,
transfer or encumber the real property as is reasonably required by Wife including,
but not limited to, deeds, mortgages or agreements of sale." See Agreement
Paragraph 3(a).
4. At the time of the IAgreement and forward, Husband remained on the deed of the
marital property.
5. Recently, Wife has fully satisfied the mortgage on the Property, allowing Husband
to now be removed from the deed and the Property transferred solely to Wife.
6. Wife has been approved on a refinance of the Property so she may be able to
utilize the funds to pay off other debts.
7. Wife has requested from Husband that he execute a deed transferring the Property
solely to Wife, yet despite the clear requirement of the Agreement, Husband has
refused.
8. A transfer deed has been provided to Husband, requiring Husband to simply
execute the deed and return it. However, Husband has consistently refused to
execute the deed in direct contravention to the Agreement.
9. By correspondence dated November 10, 2004, Husband, through his counsel, was
again demanded to execute the deed and return it to the undersigned's office by no
later than Friday, November 19, 2004. A copy of'such correspondence is attached
and incorporated fully herein as Exhibit "B".
10. There exists no good faith basis for Husband to refuse to execute the deed, and his
refusal is based solely on a desire oppose the desires of his ex-wife.
11. Despite repeated demands and the clear obligation imposed under the Agreement,
Husband refuses to execute the deed despite the requirements set forth in the
Agreement. Pursuant to paragraph 14 of the Agreement, Husband is responsible
for all expenses, including reasonable attorney's fees, incurred as a result of Wife
having to file this Motion in order to enforce the Matrimonial Settlement
Agreement.
WHEREFORE, Defendant/Petitioner, Bonnie Jo Franciscus, respectfully requests this
Honorable Court enter an Order requiring Husband to execute a deed transferring the property
from Husband and Wife to Wife within in ten days of the date of the Court's Order and further
pay to Wife attorney's fees in the amount $750.00 within ten days of the date of the Court's
Order. Husband's failure to comply with this Order shall be deemed a contempt of Court.
Respectfully submitted,
LAW OFFICES OF MARK K. EMERY
Mark K. Emery, Esquir
Attorney ID # 72787
410 North Second Street
Harrisburg, PA 17101
(717) 238-9883
Attorney for Defendant/Petitioner
DATE: November 23, 2004.
CERTIFICATE OF SERVICE
AND NOW, this 23rd day of November, 2004, I, Mark K. Emery, Esquire do
hereby certify that I have served the Motion for Enforcement of Matrimonial Settlement
Agreement by mailing a true and correct copy via United States first class mail,
addressed as follows:
George F. Douglas, Esquire
Saidis, Schuff, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
LAW OFFICES OF MARK K. EMERY
By:
Mark ?. Emery
MATRIMONIAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this day of ?X- So 5 ,
2000, by and between Gregory L. Franciscus of 31 Tunbridge Lane, Carlisle, Cumberland
County, Pennsylvania ("Husband"), and Bonnie Jo Franciscus, of 36 Chestnut Street,
Camp Hill, Cumberland County, Pennsylvania ("Wife").
RECITALS
A. The parties hereto, being Husband and Wife, were lawfully married on
November 19, 1973.
B. Differences have arisen between Husband and Wife in consequence of
which they desire to be divorced.
C. Husband and Wife acknowledge that they both have consulted their
attorneys and have been advised by their attorneys of all of their rights and duties or have
had the opportunity to consult independent legal counsel and have willfully, knowingly and
voluntarily waived the right to consult an attorney.
NOW, THEREFORE, in consideration of the mutual promises, covenants
and undertaking herein contained, the parties, each 114TENDING TO BE LEGALLY
BOUND, agree as follows:
1. Recitals. The Recitals set forth above are incorporated herein by reference.
2. Divorce. It is specifically understood and agreed by and between the
parties, and each party does hereby warrant and represent to the other that, as defined in
the Divorce Code, their marriage is irretrievably broken. Husband has filed an action in
the Court of Common Pleas, Cumberland County, Pennsylvania, Docket No. 99-2825.
The parties agree to take all legal steps (including the timely and prompt submission of all
documents and the taking of all actions) necessary to assure that a divorce pursuant to
23 Pa. C.S.A. § 3301 as amended of the Divorce Code is entered as soon as possible.
This Agreement and any ancillary or supplemental agreements shall be incorporated by
reference but not merged into the proposed Divorce Decree presented to the Court.
Husband and Wife shall at all times hereafter have the right to live separate
and apart from each other and to reside from time to time at such place or places as they
shall respectively deem fit, free from any control, restraint or interference whatsoever by
each other. Neither party shall molest the other in any way whatsoever nor endeavor to
compel the other to cohabit or dwell with him or her by any legal or other proceedings.
The foregoing provision shall not be taken to be an admission on the part of either
Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living
apart.
3. Marital Property.
(a) Real Property. Husband and Wife are joint owners of real property,
and improvements situated thereon, located at 36 Chestnut Street, Camp Hill,
Cumberland County, Pennsylvania. Husband hereby relinquishes all right, title and
interest in the real property. Husband agrees to execute all documents necessary to
2
convey, transfer or encumber the real property as is reasonably required by Wife
including, but not limited to, deeds, mortgages or agreements of sale.
Wife agrees that she is solely responsible for all mortgage payments, as
well as all utilities or other costs or assessments which arise. Wife hereby expressly
agrees to indemnify, defend and hold harmless Husband from any and all liability, direct
or indirect, including attorney's fees and costs, which may arise in connection with their
obligation, joint or otherwise, for which she has agreed hereunder to bear sole
responsibility.
(b) Personal Property. Husband and Wife acknowledge that they
currently have in their possession all of their separate and distinct personal property. All
other property, marital or non-marital, currently existing lin the residence located at 36
Chestnut Street, Camp Hill, Cumberland County, Pennsylvania, shall be provided to Wife.
Husband hereby relinquishes all right, title and interest in all other marital and non-marital
personal property located at the marital residence.
(c) Retirement, Pension, 401-K Plan. Husband hereby relinquishes all
right, title and interest in Wife's retirement, pension and/or 401-K Plans including, but not
limited to, plans under the Nationwide Agents Retirement Plan, and Wife hereby
relinquishes all right, title and interest in Husband's personal retirement, pension and/or
401-K Plans including, but not limited to, all plans under the Pennsylvania Air National
Guard and Motor Truck Equipment Company.
3
81L1
1 11 11 0 (d) Payment of Funds. Husband agrees that he shall pay to Wife the
sum of , in49-days Uth"ate-of'tMAgreement: Said payments shall be
. >0 ?11 -
e at the rate of on . and payable on the first day of each month,
commencingJAc a I , 2000, and each month thereafter until paid in full.
4. Debts and Obligations.
(a) Individual debts/obligations. Each of the parties shall assume all
debts and obligations presently in their individual names and shall indemnify, defend and
hold the other harmless from said debts and obligations, whether incurred prior to, during,
or subsequent to the marriage. This shall include all personal, individual credit cards and
personal individual loans by either party except as otherwise set forth herein. Each party
hereby agrees to pay and hereby agrees to hold the other harmless from any and all
personal debts and obligations incurred by him or her on or after the date of this
Agreement. If any claim, action or proceeding is hereafter brought seeking to hold the
other party liable on account of any such debts and obligations, such party will at his or
her sole expense defend the other party against any such claim, action or proceeding,
whether or not well-founded, and indemnify the other party against any loss resulting
therefrom.
(b) Joint debts/obligations. Husband and Wife represent that they are
jointly indebted on a Visa charge card in the amount of approximately $5,000. Wife
4
agrees that she will be solely responsible for this marital debt, and will make all payments
when due.
Wife hereby agrees to indemnify, defend and hold harmless Husband from
any and all liability, direct or indirect, including attorneys' fees and costs, which may arise
in connection with this debt.
Each party otherwise hereby expressly agrees to indemnify, defend and
hold harmless the other from any and all liability, direct or indirect, including attorneys'
fees and costs, which may arise in connection with an obligation, joint or otherwise, for
which the party has agreed hereunder to bear sole or partial responsibility, or which the
party has failed to disclose and provide for herein.
5. Legal Fees. Husband agrees that he shall be respo sible wn legal
and other fees incurred by him, as well as legal fees of i curred Wife (as set
forth in Paragraph 3 (d) above) in connection with this matter.
6. Automobiles. Upon execution hereof, the parties agree that the 1996
Oldsmobile automobile shall become the sole free and clear property of Wife. Husband
waives any right, title or interest he may have in and to said automobile and shall promptly
execute any title or transfer documents necessary to fulfill this provision.
The parties further agree that the 1988 ISUZU Truck shall become the sole
free and clear property of Husband. Wife waives any right, title or interests she may have
5
in and to said vehicles and shall promptly execute any title or transfer documents
necessary to fulfill this provision.
7. Other Writings. Each of the parties hereto agrees to promptly execute any
and all documents, deeds, waivers, bills of sale, tax returns or other writings reasonably
necessary to carry out the intent of this Agreement.
8. Further Debt.
(a) Wife shall not contract or incur any debt or liability for which Husband
or his property or estate might be responsible and shall indemnify and save harmless
Husband from any and all claims or demands, including attorneys' fees and costs, made
against him by reason of debts or obligations incurred by her.
(b) Husband shall not contract or incur any debt or liability for which Wife
or her property or estate might be responsible and shall indemnify and save harmless
Wife from any and all claims or demands, including attorneys' fees and costs, made
against her by reason of debts or obligations incurred by him.
9. Mutual Release. Except as otherwise provided herein and so long as this
Agreement is not cancelled by subsequent agreement, the parties hereby release and
discharge, absolutely and forever, each other from any and all rights, claims and
demands, past, present and future, specifically from the following: alimony pendente lite;
alimony; spousal support; division of property; claims or rights of dower and right to live in
the House; right to act as executor or administrator in the other's estate; rights as devisee
6
or legatee in the Last Will and Testament of the other; any claim or right as beneficiary in
any life insurance policy of the other unless specifically named otherwise or as required
herein; and any claim or right in the distributive share Dr intestate share of the other
party's estate, all unless specified to the contrary-herein or in a subsequent writing signed
by the parties hereto.
10. Tax Return. The parties shall file separate individual income tax returns
beginning with tax year 2000. Each party shall be solely liable for any tax liability from
that period forward and shall indemnify, defend and hold the other harmless from and
against any such liability.
11. Entire Agreement. This Agreement constitutes the entire understanding
between the parties, and there are no covenants, conditions, representations or
agreements, oral or written, of any nature whatsoever, other than those herein contained.
12. Legally Binding. It is the intent of the parities hereto to be legally bound
hereby, and this Agreement shall bind the parties hereto and their respective heirs,
executors, administrators and assigns.
13. Full Disclosure. Each party asserts that she or he has fully and completely
disclosed all the real and personal property of whatsoever nature and wheresoever
located belonging in any way to each of them; of all debts and encumbrances incurred in
any manner whatsoever by each of them; of all sources and amounts of income received
or receivable by each party; and of every other fact relating in any way to the subject
7
matter of this Agreement. These disclosures are part of the consideration made by each
party for entering into this Agreement. Each party further represents and warrants that
there are no undisclosed debts or obligations for which the other party may be liable, and
each party shall indemnify and hold harmless the other party from any such liabilities,
including attorneys' fees and costs.
14. Costs to Enforce. In the event that either party defaults in the performance
of any duties or obligations required by the terms of this Agreement, and legal
proceedings are commenced to enforce such duty or obligations, the party found to be in
default shall be liable for all expenses, including reasonable attorneys' fees, incurred as a
result of such proceedings.
15. Agreement Voluntary and Clearly Understood. Each party to this
Agreement acknowledges and declares that he or she respectively:
(a) Is fully and completely informed as to the facts relating to the subject
matter of this Agreement and as to the rights and liabilities of both parties;
(b) Enters into this Agreement voluntarily after receiving the advice of
independent counsel or, having been advised to consult independent counsel, has
knowingly and voluntarily chosen to forego such consultation;
(c) Has given careful and mature thought to the making of this
Agreement;
(d) Has carefully read each provision of this Agreement; and;
8
(e) Fully and completely understands each provision of this Agreement,
both as to the subject matter and legal effect.
16. Amendment or Modification. This Agreement may be amended or modified
only by a written instrument signed by both parties.
17. Applicable Law. This Agreement shall be governed, construed and
enforced under the statute and case law of the Commonwealth of Pennsylvania.
18. Spousal Support. In consideration of the terms hereof, Husband and Wife
mutually agree to waive any claim either may have for alimony or spousal support except
as may otherwise be provided herein.
19. Counterparts. This Agreement may be executed in separate counterparts,
each counterpart deemed an original and when combined represents the legal binding
intent of the parties hereto.
20. Severability. If any part of this Agreement is determined to be invalid by a
court of competent jurisdiction, such determination shall not invalidate the entire
document but shall apply only to that phrase, sentence, paragraph or section. The
remainder of the sentence, paragraph, section and Agreement shall continue in full force
and effect.
9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first above written:
WITNESS:
??ctee?rizca
7ro
HUSBAND:
WITNESS:
V V I I `.
et"
Bonnie Jo F
10
LAW OFFICES OF MARK K. EMERY
410 North Second Street
Harrisburg, PA 17102
(717) 238-9883
Mark K. Emery, Esquire Fax (717) 238-9884
e-mail memerylaw@aol.com
November 10, 2004
George Douglass, Esquire
Saidis, Schuff, Flower & Lindsay
26 West High Street
Carlisle, PA 17013
Via fax 243-6486
RE: Franciscus
Dear George:
I can wait no longer to move this matter forward. I do not believe there is
any valid reason for Mr. Franciscus to not abide by the requirements of the
Matrimonial Settlement Agreement, and believe his delay is solely to act contrary
to the desires of his ex-wife. Therefore, I must receive the fully executed and
O notarized deed in my office by end of business on Friday, November 19, 2004.
Q
If that does not occur, I will thereafter motion the Court to enforce the
(UJ Settlement Agreement, and, as mandated under the ,Agreement, will ask that Mr.
?? Franciscus be required to pay all attorney's fees. Those fees are already
accruing, and of course will be substantially higher should I need to prepare and
file a motion. Since my client has already had to incur attorney fees on this
matter, once I commence the motion I will not withdraw it upon a later
presentation of the deed, but will do so only upon full reimbursement of my client.
Very truly yours,
LAW OFFICES OF MARK K. EMERY
By:
Mark K. Emery
0
MKE/vh
cc: Bonnie Jo Franciscus
? ^a
-TI
= r;; rn
GREGORY L. FRANCISCUS,
Plaintiff
V.
BONNIE JO FRANCISCUS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-2825 CIVIL TERM
ORDER OF COURT
AND NOW, this 3rd day of December, 2004, upon consideration of Defendant's
Motion for Enforcement of Matrimonial Settlement Agreement, a hearing is scheduled
for Monday, January 3, 2004, at 9:30 a.m., in Courtroom No. 1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
vKregory J. Franciscus
413 Meade Avenue
Hanover, PA 17331
Plaintiff
Mark K. Emery, Esq.
410 North Second Street
Harrisburg, PA 17101
Attorney for Defendant
Courtesy Copy:
vUeorge F. Douglas, III, Esq.
26 West High Street
Carlisle, PA 17013
J
> ?- ?S:k
L=m
lz-os-o `l
rc
BY THE COURT,
,+? ?
•- `r r
GREGORY L. FRANCISCDS,
Plaintiff
v.
BONNIE JO FRANCISCDS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO. 99-2825 CIVIL TERM
ORDER OF COURT
AND NOW, this 15th day of December, 2004, upon consideration of the attached
letter from Mark K. Emery, Esq., attorney for Defendant, the hearing previously
scheduled on Defendant's Motion for Enforcement of Matrimonial Settlement Agreement
for January 3, 2004, is cancelled.
J*egory J. Franciscus
413 Meade Avenue
Hanover, P A 17331
Plaintiff
.Mark K. Emery, Esq. )
410 North Second Street
Harrisburg, P A 17101
Attorney for Defendant
Courtesy Copy:
~eorge F. Douglas, III, Esq.
26 West High Street
Carlisle, P A 17013
:rc
BY THE COURT,
'" 1'.
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Cl