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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF 4 4 PENNA.
Anne K. Porter
Plaintiff
VERSUS
David P. Porter
Defendant
N 0. 99-4382
DECREE IN
DIVORCE
AND NOW, Z- , 2m, IT IS ORDERED AND
DECREED THAT
Anne K. Porter
PLAINTIFF,
AND
David P. Porter
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
DEFENDANT,
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; ?J'N "
The Parties' Settlement Agreement dated May 18, 2001 is incorporated
herein and the Court has jurisdiction over no other claims.
BY THE COURT: //1
ATT T:6 '1, J.
PROT NOTARY
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ANNE K. PORTER,
Plaintiff
V.
DAVID P. PORTER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
: CIVIL ACTION
: NO. 99-4382 CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court
for entry of a divorce decree:
1. Grounds for divorce: irretrievable breakdown under Section 3301 (c), 3301
(d)(1) of the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the Complaint: Acceptance of Service, made
on April 27, 2001.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by sec. 3301 (c ) of
the Divorce Code: by plaintiff May 18, 2001; by defendant May 18, 2001.
(b) (1) Date of execution of the affidavit required by sec. 3301(d) of the
Divorce Code:
(2) Date of filing and service
of the plaintiff's affidavit upon the defendant
4. Related claims pending:
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
u Date plaintiffs Waiver of Notice in sec. 3301 (c) Divorce was filed with
the Prothonotary: May 21, 2001.
Date defendant's Waiver of Notice in sec. 3301 (c) Divorce was filed with
the Prothonotary: May 21, 2001.
Date: -Za - O I
o e y for Plaintiff
itt CS
Jacqueline M. Verney, Esgc`re
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
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ANNE K. PORTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, ENNSYLVANIA
VS. : CIVIL ACTION -LAW
: NO. 99- q;3 3,2- CIVIL TERM
DAVID P. PORTER,
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
will proceed without you and a decree in divorce or annulment may be entered against you for any
other claim or relief requested in these papers by the Plaintiff. You may lose money or property
or other rights important to you, including custody or visitation or your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
ANNE K. PORTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION- LAW
NO.99-'13S,Z CIVIL
DAVID P. PORTER,
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes Anne K Porter, plaintiff herein, by and through her attorney, Jacqueline
M. Verney, Esquire, and represents the following:
1. Plaintiff is Anne K Porter, an adult individual, currently residing at 19 East Main Street,
Newville, Cumberland County, Pennsylvania, 17241.
2. Defendant is David P. Porter, an adult individual, currently residing at P.O. Box 192, Mt.
Holly Springs, Cumberland County, Pennsylvania, 17065.
3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and
have been so for at least six months immediately previous to the filing of this complaint.
4. Plaintiff and Defendant were married on June 4, 1977 in Innwood, West Virginia.
5. There was a prior action in divorce filed on December 29, 1995 in the Court of Common
Pleas of Cumberland County at No. 95-7376 Civil Tenn, which was discontinued on
September 9, 1996 and there have been no additional actions for divorce or annulment
between the parties.
6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may
have the right to request that the Court require the parties to participate in counseling.
Having been so advised Plaintiff does not desire the Court to order counseling.
7. This marriage is irretrievably broken.
WHEREFORE, Plaintiffprays Your Honorable Court enter a decree in divorce.
COUNT II - LNDIGNMES
8. The allegations in paragraphs one through seven, inclusive, are made a part hereof and
incorporated herein by reference.
9. PhrintiIX the innocent and injured spouse, alleges that in violation of her marriage vows, and
the laws of the Commonwealth of Pennsylvania, the Defendant has over a period of time, in
Newville and other places, offered such indignities to the person of the Plaintiff as to render
her condition intolerable and life burdensome.
WHEREFORE, Plaintiffprays your Honorable court to enter a decree of divorce.
COUNT III - ADULTERY
10. The allegations in paragraphs one through nine, inclusive, are made a part hereof and
incorporated herein by reference.
11. Plaintiff the innocent and injured spouse, alleges that in violation of her marriage vows, and
the laws of the Commonwealth of Pennsylvania, the Defendant over a period of time during
the marriage committed adultery.
WHEREFORE, Plaintiff prays your Honorable Court to enter a decree of divorce.
COUNT 1 V - EOUITARLE DISTRIBUTION
12. The allegations in paragraphs one through eleven, inclusive, are made a part hereof and
incorporated herein by reference.
13. During the marriage, the parties accumulated certain real and personal property which is
subject to distribution
WHEREFORE, Plaintiff requests this Honorable Court to determine marital property and to
order equitable distribution thereof.
COUNT V - SUPPORT/ALIMONY/ALIMONY PENDENTE LITE
14. The allegations in Paragraphs one through thirteen, inclusive, are made a part hereof and
incorporated herein by reference.
15. Plaintiff lacks sufficient property and income to provide her with a reasonable income and
cannot adequately support herself.
16. Defendant has a far more economic superior position than Plaintiff and Plaintiff requires
reasonable support to adequately maintain herself.
WHEREFORE, Plaintiff requests this Honorable Court enter an award of
support/alimony/alimony pendente lite.
Respectfidly submitted,
711o1yS ?c /?1U
cqu a M. Verney, Esquire
Supreme Ct. ID. 23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the within Complaint are true and correct to
the best of my knowledge and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unworn falsification to
authorities.
Dated: 7Iae-l ?
Anne K. P rter
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ANNE K. PORTER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, ENNSYLVANIA
VS. : CIVIL ACTION -LAW
: NO. 99- 4382 CIVIL TERM
DAVID P. PORTER,
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
will proceed without you and a decree in divorce or annulment may be entered against you for
any other claim or relief requested in these papers by the Plaintiff. You may lose money or
property or other rights important to you, including custody or visitation or your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street,
Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
ANNE K. PORTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
V. : IN DIVORCE
DAVID P. PORTER, NO. 99-4382
Defendant
AMENDED COMPLAINT
AND NOW, comes the PLAINTIFF, Anne K. Porter, by and through her attorney,
Jacqueline M. Verney, Esquire and respectfully represents that:
COUNT VI
COUNSEL FEES AND EXPENSES
17. The averments set forth in paragraphs 1-16 are incorporated herein by reference.
18. Plaintiff lacks sufficient funds to pay counsel fees and expenses incidental to
this action.
19. Plaintiff had been collecting unemployment in the amount $194.00 per week
from February 21, 2001 to May 1, 2001. She is presently earning $21.00 per hour without
benefits in a job that will lay her off in the winter months, at which time she will be forced to
apply for unemployment benefits.
20. Defendant earns $1,354.17 biweekly at a full time permanent job.
21. Defendant is in a better economic position to pay counsel fees and expenses.
22. Plaintiff requests the Court to enter an Order requiring Defendant to pay
Plaintiff s counsel fees and expenses.
Respectfully submitted,
Date: 5 " 1- 0 1
acq eline A Verney, Esquire # 2316
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in the within Amended Complaint are true and
correct to the best of my information and belief: I understand that false statements herein
are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unworn
falsification to authorities.
Dated: 5 " I ' i
acq line M. Verney, Esquire
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the within Amended Complaint
was served on the following person by U.S. Mail, first class, postage prepaid on the date
indicated:
Sandra L. Wilton, Esquire
P.O. Box 889
Harrisburg, PA 17108
Date: 5 - c1 z'
cqu ine M. Verney, Esquire #23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff
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ANNE K. PORTER,, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V. : CIVIL ACTION -LAW
DAVID P. PORTER, : NO. 99-4382 CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on July 20, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
section 4904, relating to unsworn falsification to authorities.
Dater `? O/ s//=` i??? ??
`-Anne K. Porter, Plaintiff
ANNE K. PORTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V. : CIVIL ACTION - LAW
DAVID P. PORTER, : NO. 99-4382 CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on July 20, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S,
section 4904, relating to unsworn falsification to authorities.
Date:
David P. Porter, Defendant
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ANNE K. PORTER,
Plaintiff
V.
DAVID P. PORTER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4382 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904
relating to unswom falsification to authorities.
Date: 1&1111z -iay , 14,
Anne K. Porter, Plaintiff
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ANNE K. PORTER,
Plaintiff
V.
DAVID P. PORTER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99-4382 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904
relating to unsworn falsification to authorities.
Date /, /"/"-w , - ),
vid T).-Porter, Defendant
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ANNE K. PORTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
VS. : CIVIL ACTION - LAW
: NO. 99-4382 CIVIL TERM
DAVID P. PORTER,
Defendant IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby accept service of the Complaint in Divorce in the above captioned matter
pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized
to accept service on behalf of defendant
Date:
Defendant or authorized gent
Address
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IN THE•COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLpANIA ,`
ANNE K. PORTER
Plaintiff
VS.
DAVID P. PORTER,.II
MOTION FOR APPOINTME
David P. Porter II
a master with respect to the following claims:
(x ) Divorce
( ) Annulment
(x ) Alimony
(x ) Alimony Pendente Lite
and in support of the motion states:
NO. 99-4382 19
rendant), moves the court to appoint
(x ) Distribution of Property
( ) Support
( ) Counsel Fees
Costs and Expenses
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested.
(2) The defendant (has) =K) appeared in the action 4
(by his attorney, Sandra L. Meilton ,Esquire).
(3) The statutory ground(s) for divorce (is) (are)
1-11 ...,Pp,acaoie paragrapnts):
(a) The action is not contested.
following claims: (b) An agreement has been reached with respect to the
(c) The action is contested with respect to the follow
claims: equitable distribution alimony and alimony pendente lite
or fact (5) The action AlKwadvab?)c (does not involve) complex issues
. .
(6) The hearing is expected to take one fjhonmw) (days).
(7) Additional information, if any. relevant to the motion:
Date: 9/29/00
ORDER APPOINTING MASTER (Defendant)
,
AND NOW CQc,q-u d?_ Esquire,
is appointed master with respect to the following claims: n 1?
By the Court:
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ANNE K. PORTER,
Plaintiff
VS.
DAVID P. PORTER, II
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 4382 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this _ /9 TK day of
2001, the parties and counsel having entered into an
agreement and stipulation resolving the economic issues on
May 18, 2001, the date set for a four-party conference, the
agreement and stipulation having been transcribed, and
subsequently signed by the parties and counsel, the
appointment of the Master is vacated, and counsel can
conclude the proceedings by the filing of a praecipe to
transmit the record with the affidavits of consent of the
parties so that a f'nal decree in divorce can be entered.
0
BY THE COURT,
q.0% c1\
01j, 11MAn
G r E. H ffer, .J.
CC: Jacqueline M. Verney
Attorney for Plaintiff
Sandra L. Meilton
Attorney for Defendant
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ANNE K. PORTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99 - 4382 CIVIL
DAVID P. PORTER, II,
Defendant IN DIVORCE
THE MASTER: Today is Friday, May 18, 2001.
This is the date we set for a conference with counsel and the
parties. Present in the hearing room are the Plaintiff, Anne
K. Porter, and her counsel Jacqueline M. Verney, and the
Defendant, David P. Porter, II, and his counsel Sandra L.
Meilton.
This action was started with a filing of a
complaint on July 20, 1999, raising grounds for divorce of
irretrievable breakdo+m of the marriage, indignities and
adultery. Counsel have indicated that the parties will sign
and file affidavits of consent and waivers of notice of
intention to request entry of divorce decree so that the
divorce can be concluded under Section 3301(c) of the Domestic
Relations Code. The affidavits and waivers will be filed with
the Prothonotary by the Master's office.
The complaint also raised the economic claims
of equitable distribution and alimony.
On February 22, 2001, the Defendant filed a
petition raising the economic claims of equitable
distribution, alimony, and counsel fees and expenses.
The parties were married on May 15, 1982, and
separated May 27, 1999. There were no children born of the
marriage.
The Master has been advised that after
extensive negotiations this afternoon the parties have reached
an agreement with respect to the outstanding economic issues.
The agreement is going to be placed on the record in the
presence of the parties. The agreement as stated on the
record will be considered the substantive agreement of the
parties not subject to any changes or modifications except for
correction of typographical errors which may be made during
the transcription. The agreement will be transcribed and
sent to counsel for review for typographical errors. After
any correction of typographical errors are made, the agreement
will be presented to the parties to sign affirming the terms
of settlement that were placed on the record. In any event,
the parties are bound by the terms of the agreement as stated
on the record upon the conclusion of the proceedings today
when they leave the hearing room.
Upon receipt of the completed agreement, the
Master will prepare an order vacating his appointment and
counsel can then file a praecipe transmitting the record to
the Court requesting the Court to enter a final decree in
divorce. Ms. Meilton.
MS. MEILTON:
1. Both parties represent that since their separation on
May 27, 1999, neither has incurred nor in the future will
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either incur any debts for which the other will be held
responsible. In the event that such debt is incurred, the
party incurring the debt shall indemnify and save the other
harmless from any and all claims or demands made against that
individual by reason of the default.
2. With regard to outstanding joint debts, the parties
agree that wife shall be responsible for her student loan and
the debt that she owes to her cousin Maryann Dolan.
3. There are a number of joint debts that will be paid out
of M&T escrow account. Those debts are a Fulton Bank credit
card in the amount of $2,243.96; a Lowes account in the amount
of $1,578.85; an MBNA account in the amount of $4,747.00; a
debt to wife's father, Harry Kaiser, in the amount of
$5,000.00.
4. The parties agree that upon payment of the joint credit
cards that they will as soon as possible thereafter be closed
and/or transferred into the name of the single individual.
5. With regard to the personal property, the parties will
keep the property that is currently in their possession.
6. There is a marital residence located at 19 Fast Main
Street, Newville, Pennsylvania. Husband agrees to transfer
to wife, as soon as the deed is prepared by wife's attorney,
all of his right, title and interest to that jointly owned
real estate subject to the mortgage given to Fulton Bank in
exchange for which wife agrees to be solely responsible for
the payment of all future mortgage payments, taxes, insurance,
and utility bills relative to said real estate. wife agrees
to pay and discharge the existing mortgage obligation on said
premises in accordance with its terms and agrees to indemnify
and save husband harmless from any future liability with
regard thereto. Wife shall take the steps necessary to
refinance the Fulton mortgage no later than two years from the
date of this order. In the event of wife's default for more
than a 60 day period during that two-year time frame, the
house shall be immediately listed for sale and the proceeds of
the sale utilized to satisfy all debt outstanding on the real
estate. In the event that there is any equity remaining in
the real estate after the sale and payment of all outstanding
debt, taxes, and other liens against the real estate, any
remaining proceeds would become the sole and exclusive
property of wife.
7. Husband shall retain his Central Pennsylvania Teamsters
defined benefit plan and his Central Pennsylvania Teamsters
retirement income plan with the exception of $5,000.00 which
shall be rolled over to wife Lhrough the use of a QDRO. The
QDRO shall be prepared by husband's counsel and the fund which
can most expeditiously be utilized to transfer the money shall
be used so that this transfer can be expedited. The balance
of the two Teamsters pensions shall become the sole and
exclusive possession of husband and wife shall waive all of
her right, title and interest thereto.
8. The 1997 Ford pickup shall become the sole and
exclusive property of wife free and clear of all liens and
encumbrances. As soon as possible husband shall execute title
to transfer ownership to wife.
9. The M&T. escrow account shall be divided between the
parties so that wife shall receive $20,000.00 and husband
shall receive the balance of said account. Said transfer
shall be made as soon as administratively possible.
10. Both parties acknowledge and agree that the provisions
of this agreement providing for equitable distribution of
marital property are fair, adequate and satisfactory to them
and are accepted by them in lieu of and in full and final
satisfaction of any claims or demands that either may now have
or hereafter have against the other for support, maintenance,
or alimony. Husband and wife further voluntarily and
intelligently waive and relinquish any right to seek from the
other any payment for support or alimony.
11. Wife shall as soon as administratively aossible
terminate the spousal support order currently on record in the
Cumberland County Courthouse to docket No. 1441 S 1995. Said
termination shall be made no later than 10 days from the date
of this order.
12. Husband shall as soon as administratively possible
withdraw his support appeal and wife shall concur in that
withdrawal.
13. Each of the parties from time to time shall at the
request of the other, execute, acknowledge and deliver to the
other party any and all further instruments that may be
reasonably required to give full force and effect to the
provisions of this agreement.
14. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or future
laws of any jurisdiction to share in the property or the
estate of the other as a result of the marital relationship
including without limitation, statutory allowance, widow's
allowance, right of intestacy, right to take against the will
of the other, and right to act as administrator or executor in
the other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interest, rights,
and claims.
MS. VERNEY: Anne, you heard the order
dictated. Are you in agreement with that order?
MS. PORTER: Yes.
THE MASTER: Do you understand all of the
provisions of the agreement?
MS. PORTER: I believe I do. Yes.
THE MASTER: And do you understand that when
you leave here today you are bound by the terms of the
agreement even though there is no signing of the agreement?
MS. PORTER: Yes.
MS. MEILTON: David, would you state your
full name for the record.
MR. PORTER: David Paul Porter, II.
MS. MEILTON: And you were here as I recited
the terms of the agreement reached between you and Anne?
MR. PORTER: Yes.
MS. MEILTON: Are you in agreement with those
terms?
MR. PORTER: Yes.
MS. MEILTON: Do you understand that once
this record is closed the agreement is final and binding and
cannot be revised?
MR. PORTER: Yes.
MS. MEILTON: Is that what you want?
MR. PORTER: Yes.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself
to the terms of settlement and subjecting myself to the
methods and procedures of enforcement which may be imposed by
law and in particular Section 3105 of the Domestic Relations
Code.
WITNESS:
DATE:
1
Anne K. Porter
4,-?-ot
JJa que11ne M. Ver may
Attorney for Plaintiff
Sandra L. Meilton David P. Porter, II
Attorney for Defendant
ANNE K. PORTER,
Plaintiff
V.
DAVID P. PORTER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4382
CIVIL ACTION -LAW
IN DIVORCE
DEFENDANT'S ANSWER
TO PLAINTIFF'S AMENDED COMPLAINT
REQUESTING COUNSEL FEES AND EXPENSES
AND NOW comes Defendant, David P. Porter, by and through his attorneys,
Tucker Arensberg & Swartz, and answers Plaintiffs Amended Complaint filed with the
Court on or about May 9, 2001:
17. The allegations set forth in Paragraph 17 require no responsive pleading.
18. Denied. It is denied that Plaintiff lacks sufficient funds to pay counsel fees
and expenses incident to the pending action. To the contrary, it is averred that Plaintiff is,
by her own admission, capable of employment and is, in fact, employed at the present
time.
19. It is admitted in part and denied in part. It is admitted that Plaintiff had been
collecting unemployment from February 21, 2001 through May 1, 2001. Further, it is
admitted that she is currently earning $21.00 per hour. The remaining allegations set forth
in Paragraph 19 are denied in that Defendant has insufficient knowledge to respond to
those allegations.
20. Admitted.
21. Denied. It is denied that Defendant is in a better economic position to pay
Plaintiffs counsel fees and expenses. To the contrary, Defendant eams slightly less than
50% of the amount that Plaintiff eams. By way of further response, it is averred that even
though Plaintiff is occasionally laid off from her $21.00 per hour employment, she, by her
J
own admission, is able to be gainfully employed and could readily earn at least the same
hourly rate as Defendant. Plaintiffs periods of unemployment are voluntary and by her
own choosing so that she can await receipt of the $21.00 per hour employment. By way of
clarification, it is noted that Plaintiff worked from August 3, 2000 through December 31,
2000 and earned in excess of $30,000 during that five month period.
22. The allegations set forth in Paragraph 22 are conclusions of law to which no
responsive pleading is required.
WHEREFORE, Defendant respectfully prays that this Honorable Court deny
Plaintiffs request for counsel fees and expenses and that it grant Defendants request for
counsel fees and expenses as pleaded in Defendants Petition for Alimony, Alimony
Pendente Lite, Counsel Fees and Expenses filed on February 20 2001.
Respectfully submitted,
TUCKER ARENSBERG & SWARTZ
BY:
Sandra L. Meilton I.D. #32551)
111 North Front St., P.O. Box 889
Harrisburg, PA 17108-0889
Date: 2001 ATTORNEYS FOR DEFENDANT
VERIFICATION
I, Sandra L. Meilton, acknowledge that the facts stated in the within
document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities.
Sandra L. Meilton
DATED: lG O /
CERTIFICATE OF SERVICE
4h
AND NOW, this '/ ? day of _C61 2001, I, Gloria M. Rine,
Legal Assistant to Sandra L. Wilton, Esquire, for the firm of Tucker Arensberg & Swartz,
hereby certify that I have this day served a copy of the within document, by mailing same,
first class mail, postage prepaid, addressed as follows:
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
Gloria . Rine
39826.1
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ANNE K. PORTER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO.99-4382 Civil Term
DAVID P. PORTER, II CIVIL ACTION - LAW
Defendant IN DIVORCE
INCOME AND EXPENSE STATEMENT
Attached hereto is the Income and Expense Statement of
Defendant submitted pursuant to Pa. R.C.P. No. 1920.31.
Sandra L. Meilt n
Attorney for Defendant
THIS FORM MUST BE FILLED OUT
(If you are self-employed or if you are salaried by a
business of which you are owner in whole or in part, you must also
fill out the Supplemental Income Statement which appears on pages
8 and 9 of this Income and Expense Statement.)
INCOME AND EXPENSE STATEMENT OF
DAVID P. PORTER, II
INCOME
Employer:
Address: P.
Type of Work:
Payroll Number:
Pay Period (wee:
Gross Pay per Pay Period:
Itemized Payroll Deduct ions:
Federal Withholding
Social Security
Local Wage Tax
State Income Tax
Retirement
Life Insurance
Health Insurance
Medicare tax
Spousal support
Net Pay per Pay Period:
Other Income:
Interest/Dividends
Pension/Annuity
Social Security
Rents/Royalties
Expense Account
Gifts
Unemployment Comp.
Workmen's Comp.
Total
$ 1.354.17
$ 140.71
81.93
13.54
36.99
32.75
19.16
117.69
Week Month
$ 911.40
Year
TOTAL INCOME $ 1.974.70/MONTH
EXPENSES
Weekly Monthly Yearly
(Fill in Appropriate Column)
Home
Mortgage $
$_1,114 00 $
Maintenance
Utilities
Electric
95.00
Gas
Oil
Telephone
80.00
Water
Sewer
Employment
Public $
$
Lunch
30.00 120.00
Taxes
Real Estate $ $ $
Personal
22.08 265.00
Income
Insurance
Homeowners
Automobile 37.50 450.00
Life
Accident
Health
Other
Automobile
Payments
Fuel
Repairs
Medical
Doctor
Dentist
Orthodontist
Hospital
Medicine
Special needs (glasses)
Education
Private school
Parochial school
College
Religious
Weekly Monthly Yearly
(Fill in Appropriate Column)
73.50
$ $ 304.62 $
161.00
25.00
$ $ 4.17 $ 50.00
4.17 50.00
15.00
20.84 250.00
Weekly Monthly Yearly
(Fill in Appropriate Column)
Personal
Clothing
Food
Barber/hairdresser
Credit payments
Credit card
Charge account
Membership - Legion
Loans
$ $ 83.34 $ 1.000.00
325.00
12.00
108.00
1.67 20.00
Credit Union
Miscellaneous
Household help
Child care
Papers/books/magazines
Entertainment
Pay TV
Vacation
Gifts
135.00
100.00
50.00
Legal fees
Charitable contributions
Other child support
Alimony payments
Other
Weekly Monthly Yearly
(Fill in Appropriate Column)
$ $ 525.00 $
TOTAL EXPENSES $ $ 3.416.89 $
PROPERTY OWNED
Ownership*
Description value H W J
See Inventory and
Checking accounts A raisement X
Savings accounts
Credit Union
Stocks/bonds _
See inventory and
Real estate Anoraisement X
See Inventory and
Other Anpraisement _
TOTAL $
*H=Husband; W=Wife; J=Joint
INSURANCE
Hospital
Blue Cross
Other
Medical
Blue Shield
Other
Health/Accident
Disability Income
Dental
Other
Company
Policy Coverage*
No. H W C
Cigna Health Care 2069000 X X
Cig na Health Care 2069000
Cig na Health Care 2069000 X X
Ci gna Health Care 2069000 X X
H=Husband; W=Wife; C=Child
t
I understand that the statements made herein are subject to
the penalties of 18 Pa.C.S. §4904 related to unsworn falsification
to authorities.
d?A -0 ???
avid P. Porter, II
CERTIFICATE OF SERVICE
AND NOW, this
6n Y
h day
of SPn?{??/L 2000,
I, Gloria M Rine Le 1
ga Assistant to Sandra L. Meilton, Esquire,
for the firm, Tucker Arensberg & Swartz, hereby certify that I
have, this day, served the within document on counsel for
Plaintiff, by depositing a copy of the same in the United States
Mail, first class, postage prepaid, at Harrisburg, Pennsylvania,
addressed to:
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
Glorla M. Rine
26949.1
C..
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ANNE K. PORTER,
Plaintiff
V.
DAVID P. PORTER, II
Defendant
. IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4382 Civil Term
. CIVIL ACTION - LAW
IN DIVORCE
INVENTORY AND APPRAISEMENT
OF
DAVID P. PORTER, II
I, David P. Porter, II, file the following inventory
and appraisement of all property owned or possessed by either
party at the time this action was commenced and all property
transferred within the preceding three years.
I verify that the statements made in this inventory and
appraisement are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
§4904 relating to unsworn falsification to authorities.
P?vicl P. Potter, II, Defendant
ASSETS OF PARTIES
Defendant marks on the list below those items
applicable to the case at bar and itemizes the assets on the
following pages. If an item has been appraised, a copy of the
appraisal report is attached.
(x) 1. Real property
(x) 2. Motor vehicles
( ) 3. Stocks, bonds, securities and options
( ) 9. Certificates of deposit
( ) 5. Checking accounts, cash
(x) 6. Savings accounts, money market and savings
certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
( ) 9. Life Insurance policies (indicate face value, cash
surrender value and current beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
( ) 19. Personal property outside the home
( ) 15. Businesses (list all owners, including percentage
of ownership, and officer/director positions held
by a party with company)
( ) 16. Employment termination benefits - severance pay,
workman's compensation claim/award
( ) 17. Profit sharing plans
(x) 18. Pension plans (indicate employee contribution and
date plan vests)
(x) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
(x) 21. Litigation claims (matured and unmatured)
( ) 22. Military/V.A. benefits
( ) 23. Education benefits
( ) 24. Debts due, including loans, mortgages held
(x) 25. Household furnishings and personalty (include as a
total category and attach itemized list if
distribution of such assets is in dispute)
( ) 26. Other
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OPEN ACCOUN
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Ori9 Date 02119-99
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Ins ---Due Amoun ts----- Esc Pmt 00
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1 PORTER DAVP 74490 28
Branch 25 Ins
Esc 0.00 i'ot Pint 475.57
2 PORTER ANNK. 14079
69 Ledger 119
Fee 0,00
4 Officer 347
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UK
NADA Appraisal Guides - Get a Value - Official Used Car Guide -Truck
P360'PICKUVI Ton VB ---- - , __
Appraisal Report
Official Used Car Guide -
Truck
Consumer Edition
March 1. 2000
Body Style:
Model Number:
Weight:
Acceptable Mileage Range:
Low Retail:
Average Retail:
High Retail:
Optional Equipmeht- - -
Add XLT Trim (Ex. S
Add Compact Disc Player:
Add Dual Rear Wheels (Std. 350
Supercab):
Add 7.3L V8 Turbo Diesel Engine:
otals - - °°
Styleside Supercab XL 8-
X35*
N/A
45,000 - 50,000
$19,025
$21,250
$24,050
$800
$200
$650
$2,500
Total Low Retail: $23,175
Total Average Retail: $25,400 + $1, 350 = $ 26, 750
Total High Retail: $28,200
-- -
--
r vestry end f considered e-selling paces Trade-ln and loan values dr
base subscribers. Trade-in values are to be determined by local
ndustry than values shown. --
than values
iracterof the Manufacturer's Name.
KJLIM?N1OIPJSITIV]
Car I Truc s ]
5 daily values for Official Used Car Guide -Truck
Mileage - The Acceptable Mileage Range is the amount of mileage an automobile is
expected to accumulate through normal use. N.A.D.A. bases its mileage ranges on
averages derived from information received from the automotive marketplace. If mileage
falls outside of the acceptable range, then a deduction or addition should be made to the
value of the vehicle. How much is up to you.
The effect of high or low mileage will vary according to the class (size) of the vehicle. High
or low mileage on a compact vehicle will have less impact than it will on a larger or luxury
vehicle. In certain situations mileage can be misleading. It is possible to have either a high
mileage vehicle in very good condition or a low mileage vehicle in very poor condition. In
these cases, the overall condition of the vehicle should also be considered when adjusting
the vehicle value.
Vehicle ID Number (VIN) - The () are used by the manufacturer, and can be any
number or letter. The 6 blue numbers are your vehicle's unique number, and start every
year at this number.
Value Explanation - N.A.D.A. has been collecting, analyzing and publishing values on
used vehicles since 1933. The values listed are a guide for appraisal purposes only.
These values should be used strictly as a reference source or guide for valuing vehicles. It
Page I of 2
(see attached)
...fValues_Manuf asp?UscrlD=0414139AA6I & DID=2024&7'ype=TR&GCode=UC&wsec= 03/21/2000
NADA Appraisal Guides - Get a Value - Official Used Car Guide -'truck Page 2 of 2
% is not, and should not be considered absolute. It may be necessary to adjust listed values
to meet market conditions of your area. Used units in above average condition could be
worth more than average retail value. While the on line values are similar to other
N.A.D.A. published values, these values are intended for retail consumer use.
Mileage is an Important consideration when considering the three retail values provided by
the Consumer Edition of the N.A.D.A. Official Used Car Guide. These values are based on
information collected nationwide. Use the following guidelines when choosing the
appropriate value.
Low Retail Value - A low retail vehicle may have extensively visible wear and tear. The
body may have dents and other blemishes. The buyer can expect to invest in bodywork
and/or mechanical work. It is likely that the seats and carpets will have visible wear. The
vehicle should be able to pass local inspection standards and be in safe running condition.
Low retail vehicles usually are not found on dealer lots.
Average Retail Value - An average retail vehicle should be clean and without glaring
defects. Tires and glass should be in good condition. The paint should match and have a
good finish. The interior should have wear in relation to the age of the vehicle. Carpet and
seat upholstery should be clean, and all power options should work. The mileage should
be within the acceptable range for the model year.
An Average Retail vehicle on a dealer lot may include a limited warranty or guarantee, and
possibly a current safety and/or emission inspection (where applicable).
High Retail Value -A high retail vehicle should be in flawless condition. All power
equipment should be functional. The paint should match and have a high gloss finish. The
carpet and seat upholstery should be clean and have minimal wear. The engine should
start quickly and run smoothly. The tires should be like new with a spare and jack. The
mileage should be significantly below the acceptable mileage range for the model year.
A high retail vehicle on a dealer lot should be fully reconditioned and is likely to include a
warranty, guarantee or manufacturer certification and current safety and/or emission
inspection (where applicable).
..Nalues_Manuf.asp?UscrlD=0414139AA6 I &DID=2024&Type=TR&GCode=UC&wSec= 03/21/2000
NADA Appraisal Guides - Get a Value - Official Used Car Guide - Truck Page 1 of 2
Appraisal Report
Official Used Car Guide - Truck
Consumer Edition
March 21, 2000
11.1 J.LKI!-1MIN101PISITIVI
Tou nave received 1 of the 5 daily values for Official Used Car Guide - Truck
1997
n66PTCKUP i Ton VB -- - -
Body Style: Styleside Supercab XL 8'
Model Number: X35'
Weight: N/A
Acceptable Mileage Range: 45,000 - 50,000
- - --- -- - -----------
6-ptTons fh?(uTransdedin6afmissionudf(dnare:--
tte
Power
Power steering
Air Conditioning
Check appropriate Optional Equipment considerations for this series.
0 Add XLT Trim (Ex. S )
13 Add Lariat Trim (Ex. S )
I] Add 4 Wheel Drive
9 Add Compact Disc Player
13 Add Power Seat
Add Leather Seats
Add Aluminum/Alloy Wheels
0 Add Dual Rear Wheels (Std. 350 Supercab)
Add Anti-ThefURecovery System
El Add 7.3L V8 Turbo Diesel Engine
13 Add 7.51- V8 Engine
Deduct W/out Cruise Control (Ex. S )
Deduct W/out Tilt Steering Wheel (Ex. S)
0 Deduct 6 Cylinder Engine
Deduct W/out Automatic Transmission
1] Deduct W/out Air Conditioning
0 Add Captain Chairs-2 $ 225
? Add Captain Chairs4
Add Auxiliary Fuel Tank 150
Add Roil Bar (Pickups)
Add Bed Liner
0 Add Bed Liner-Spray On 200
I] Add Running Boards 175
.../Values_Manuf asp?UserID=0414139AA6I &DID=2024&Type=TR&GCode=UC&wSec= 03/21/2000
NADA Appraisal Guides - Get a Value - Official Used Car Guide - Truck
2 Add Fiberglass Cap (Pickups) $ 400
Add Trailer Towing/Camper Pkg. 200
Add Stake Body $1,350
Add Winch
Add Snow Plow Package/Plow
Add Extended WB Van
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77
' Tit UCR 6P,TIONS i
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..Nalues_Manuf.asp?UserlD=0414139AA61 &DID=2024&Type=TR&GCode=UC&wSec= 03/21/2000
Original proceeds from lawsuit held by Taylor,
Taylor and Olizi, New Jersey law firm $95,005.56
Payments made from Taylor, Taylor and Olivi's
escrow account on February 22, 2000 by
agreement of the parties (all attributable
to the marital residence):
Fulton Bank $ 1,973.59
PP&L, electric bill 144.69
Betty Hockensmith, Tax Collector 621.94 - 2,740.22
$92,265.34
Payments made from Taylor, Taylor and Olivi's
escrow account on April 17, 2000 by
agreement of the parties:
Internal Revenue Service $17,639.39
PA Department of Revenue 4,213.00 -21,852.39
$70,412.95
Taylor, Taylor and Olizi (federal
express charges) - 15.00
Funds forwarded by Taylor, Taylor and
Olizi and deposited into indexed money
market account at Keystone Financial Bank
on 5/24/00 $70,397.95
Interest on 5/25/00 ($10.34), 6/25/00
($317.60), 7/25/00 ($312.60), 8/25/00
($337.54) and 9/25/00 ($336.73) + 1,314.81
$71,712.76
(July, 2000) Check written to Conrad M.
Siegel, Inc. for actuarial services -$ 425.00
Current balance $71,287.76
aVN
Conrad A Siegel
Inc. Conrad M. Siegel. F.S.A.
Irarry M. Ulster. Jr., F.S.A.
,
Actuaries/ Benefit Consultants Brian S. Sann. F.S.A.
Clyde E.Gingdch, F.S.A.
• ?
501 Corporate Circle Earl L. War, Munoncri, M.A.A,A.
Robes J. . Iblan A.S.A.
i
-
P.O. Box 5900 David F. Stirling, A.S.A.
=
_ Harrisburg, PA 17110-0900 Robert J. Mrazik, FS A.
(717) 652.5633 David II. Killick, F.S.A.
Fox (717) 540-9106 Jeffrey S. Myers, F.S.A.
Thnmas L. 7.imotcnnan, F.S.A,
June 8, 2000 Glenn A. Hater, F.S.A.
Kevin A. Erb, F.S.A.
Frank S. Rhodes. F.S.A.. A.C.A.S.
Charles R. Friedlander. F.S.A.
(lolly A. Ross. F.S.A.
John W. Jeffrey, A.S.A.
Sandra L. Meilton, Esq. Denise M. Polin, F.S.A.
Tucker Arensberg & Swartz Thom
as
Rene- A.S.A.
111 North Front Street . L Le
Janel
M
ymeislcr. CERS
Mark A. Bonsall. A.S.A.
P.O. Box 889 Jonathan 1). Cramer, A.S.A.
Harrisburg, PA 17108-0889
Re: David P. Porter
Dear Ms. Meilton:
You provided me with the following information concerning David P. Porter:
1. Date of birth - February 6, 1954.
2. Date hired - September 14, 1976.
3. Date married - May 15, 1982.
4. Date separated - May 27, 1999.
5. Accrued monthly pension under the Central Pennsylvania Teamsters Defined
Benefit Plan as of December 31, 1986 - $279.30 to start at age 57.
6. Data with respect to his status under the Central Pennsylvania Teamsters
Retirement Income Plan as follows:
a. Account Balance as of December 31, 1998 - $26,920.
b. Investment earnings - $845.
c. Account Balance as of December 31, 1999 - $27,765
d. Annualized rate of return for 1999 - 3.6%n
Currently, David P. Porter is 46 years of age (age nearest birthday).
Central Pennsylvania Teamsters Defined Benefit Plan
The Central Pennsylvania Teamsters Defined Benefit Plan is a defined benefit pension
plan. The figure that is marital property for divorce purposes is the present value of the
pension earned during the marriage.
Al? Conrad M. Siegel, Inc.
Sandra L. Meilton, Esq.
June 8, 2000
Page 2
The Central Pennsylvania Teamsters Defined Benefit Plan was in effect until
December 31, 1986.
As previously indicated, Mr. Porter had accrued a monthly pension as of December 31,
1986, of $279.30 with such benefit to start at age 57. Since this benefit takes into account
5.66 years of service before the date of marriage, it is necessary to multiply by a "coverture
fraction" in order to determine the portion of the benefit earned during the marriage. The
numerator of the "coverture fraction" is 4.63 (the years from the date of marriage until
December 31, 1986) and the denominator is 10.29 (the years from the date of hire until
December 31, 1986). Thus, the "coverture fraction" is .45 (4.63 divided by 10.29).
The portion of the pension attributable to the marriage is $125.69 ($279.30 multiplied by
.45).
The present value of a monthly pension of $125.69 for a male now age 46 with such benefit
to start at age 57 is $7,434.
The present value has been determined on the basis of the assumptions promulgated by
the Pension Benefit Guaranty Corporation for annuity valuations. The interest rate is
7.1% per year for 25 years followed by 6.25% per year. The mortality is based upon the
1983 Group Annuity Mortality Table.
In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation
for annuity valuations are appropriate for the purpose of determining the present value.
Central Pennsylvania Teamsters Retirement Income Plan
The Central Pennsylvania Teamsters Retirement Income Plan is a defined contribution
pension plan. The figure that is marital property for a defined contribution pension plan is
the account balance as of the date of separation accumulated with investment earnings
only from the date of separation until the current date.
Based upon the information previously described, I determined that the account balance as
of the date of separation amounted to $27,304. Accumulating this with investment
earnings only provides for an accumulated amount as of the current date of $28,200. In
making this calculation I assumed that the rate of investment return for the year 2000
would be the same as that for the year 1999.
Summary
The following table is a summary of the values previously indicated in this letter
Conrad M. Siegel, Inc.
Sandra L. Meilton, Esq.
June 8, 2000
Page 3
Present Value - DB Plan $ 7,434
Accumulated Value - Retirement Income Plan 28.200
Total
With best regards,
HML:kad
Yours sincerely,
Har M. Leister, Jr., F.S.A.
Consulting Actuary
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LIABILITIES OF PARTIES
Defendant marks on the list below those items
applicable to the case at bar and itemizes the liabilities on the
following pages.
Secured
(X) 1. Mortgages
( ) 2. Judgments
( ) 3. Liens
( ) 9. Other secured liabilities
Unsecured
(X) 5. Credit card balances
( ) 6. Purchases
( ) 7. Loan payments
( ) 8. Notes payable
(x) 9. Other unsecured liabilities
Contincent or Deferred
( ) 10.
( ) 11.
( ) 12.
( ) 13.
(X) 14.
( ) 15.
Contracts or Agreements
Promissory notes
Lawsuits
Options
Taxes
Other contingent or deferred liabilities
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CERTIFICATE OF SERVICE
AND NOW, this day of ?(OYQs?j 2000,
I, Gloria M. Rine, Legal Assistant to Sandra L. Meilton, Esquire,
for the firm, Tucker Arensberg & Swartz, hereby certify that I
have, this day, served the within Inventory and Appraisement on
counsel for Plaintiff, by depositing a copy of the same in the
United States Mail, first class, postage prepaid, at Harrisburg,
Pennsylvania, addressed to:
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
W cl?L
Gloria M. Rine
26946.1
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ANNE K. PORTER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4382 CIVIL TERM
DAVID P. PORTER, : DIVORCE
Defendant CIVIL ACTION - LAW
PRE-TRIAL STATEMENT
AND NOW, comes the Defendant, David P. Porter, II, by and through his
attorneys, Tucker Arensberg & Swartz, and files the following Pre-trial Statement.
1. The marital and non-marital assets relative to this matter have been set
forth in the Inventory and Appraisement which was filed with the court on September 29, 2000.
The marital assets of the parties are valued in excess of $100,000. The non-marital property of
the Plaintiff are unknown, while the non-marital property of the Defendant is valued in excess of
$15,000.
2. Defendant expects to call the following persons to testify as expert
witnesses:
a. A real estate appraiser
(to testify as to the value of the real estate
if the parties cannot stipulate to same.)
b. Harry M. Leister, Jr., F.S.A., Conrad M. Siegel, Inc.,
P. O. Box 5900, Harrisburg, PA 17110-0900
(to testify as to the value of the defined benefit
plan and retirement income plan if the
the parties cannot stipulate to same.)
C. Household goods appraiser
(to testify as to the value of the household goods
if the parties cannot stipulate to same).
Defendant is willing to use Chuck E. Bricker
and stipulate to the values he assigns; however,
Defendant's counsel has not had the opportunity
to discuss this with counsel for Plaintiff.
3. Defendant will testify on his behalf and there will be no other witnesses
which the Defendant intends to call to testify on his behalf at the Master's Hearing. Defendant
will testify as to the assets and liabilities of the marriage, his income and expenses and his
medical condition as it relates to his earning capacity.
4. The following is a list of exhibits which Defendant intends to introduce at
the Master's Hearing:
Defendant's Income Defendant's Exhibit 1
& Expense Statement
Defendant's
Inventory & Appraisement
Defendant's Exhibit 2
Legal Bills
Documents to verify value of assets
not stipulated.
Defendant's Exhibit 3
Defendant's Exhibits 4-5. Defendant had monthly income of approximately $1,974, which is
itemized in the income and Expense Statement which was filed with the Court on
September 29, 2000. Updated income information for Defendant has been provided in
Defendant's Petition for Alimony, Alimony Pendente Lite, Counsel Fees and Expenses filed with
the Court on February 20, 2001. A copy of Defendant's most recent state and federal income
tax returns will be introduced at the Master's hearing.
6. Defendant's monthly expenses are $3,416.89. An itemization of these
expenses has been set forth in the Income & Expense Statement which was filed with the Court
on September 29, 2000.
7. Plaintiff has monthly income of approximately $5,500.
8. Defendant contends that the marital portion of Defendant's defined
benefit plan is $7,434 and the marital portion of Defendant's retirement income plan is $28,200
as set forth on the Valuations which are attached hereto and incorporated herein.
9. Defendant has incurred Counsel fees and his current balance is in
excess of $7,700 in accordance with the fee letter which was signed on October 25, 1999. A
detailed itemization of these services will be introduced at the Master's hearing.
10. The parties are in dispute over several issues including but not limited to
equitable distribution of property, alimony, counsel fees and costs, and alimony pendente lite.
11. Husband was.injured during the course of the marriage and a personal
injury suit resulting from this injury has been settled by Husband. Husband and Wife dispute
the percentage Wife should receive, if any, of the settlement proceeds.
12. The parties have accumulated marital debts in the amount of
approximately $80,000, which have been itemized on the Inventory and Appraisement filed with
the Court on September 29, 2000.
13. During the course of the marriage, Wife incurred student loans in the
amount of $15,580. The parties dispute what portion of that debt, if any, Husband should be
responsible for.
14. Given the difference in the parties' earnings and earnings capacity and
their ability to accumulate future income, it is believed that a 60-40 distribution would be
appropriate with Defendant receiving 60 percent and that Defendant should also be awarded
alimony. It is also Defendant's position that Plaintiff should not share in the proceeds of his
personal injury settlement and that he should not be responsible for her student loans. A more
specific proposal will be submitted at the conclusion of testimony or sooner if the Master so
requires.
TUCKER ARENSBERG 8 SWARTZ
BY: l.?! fii . cc
Sandra L. Meiiton
I.D. #32551
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR DEFENDANT
DATED:--;), -o ?Z- 0 (
Actuaries/Bc
501 Corporate Circle
P.O. Boa 5900
Harrisburg, PA 17110-0900
(717) 652-5633
Fox (717) 540-9106
June 8, 2000
Sandra L. Meilton, Esq.
Tucker Arensberg & Swartz
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
Re: David P. Porter
Dear Ms. Meilton:
Consultants
You provided me with the following information concerning David P. Porter:
1. Date of birth - February 6, 1954.
2. Date hired - September 14, 1976.
3. Date married - May 15, 1982.
4. Date separated - May 27, 1999.
Brion S. Sum, P.S.A.
Clyde E. Gingrich, F.S.A.
Earl L. Mommm, M.A.A.A.
Robert J. Dolan, A.S.A.
David F. Stirling, A.S.A.
Robert J. Mrarik, F.S.A.
David H. Killick, F.S.A.
Jeffrey S. Myers, F.S.A.
Thomas L Zimmerman. F.S.A
Glenn A. Hafer, F.S.A.
Kevin A. Erb, F.S.A.
Frank S. Rhodes, F.S.A„ A.C.A.S.
Charles B. Friedlander, F.S.A.
Holly A. Ross, F.S.A.
John W. Jearey, A.S.A.
Denise M. Polin, F.S.A.
Thomas W. Reese, A.S.A.
Janet M. Leymcister, CEBS
Mark A. Bonsall, A.S.A.
Jonathan D. Cramer, A.S.A.
5. Accrued monthly pension under the Central Pennsylvania Teamsters Defined
Benefit Plan as of December 31, 1986 - $279.30 to start at age 57.
6. Data with respect to his status under the Central Pennsylvania Teamsters
Retirement Income Plan as follows:
a. Account Balance as of December 31, 1998 - $26,920.
b. Investment earnings - $845.
c. Account Balance as of December 31, 1999 - $27,765
d. Annualized rate of return for 1999 - 3.6%
Currently, David P. Porter is 46 years of age (age nearest birthday).
Central Pennsylvania Teamsters Defined Benefit Plan
The Central Pennsylvania Teamsters Defined Benefit Plan is a defined benefit pension
plan. The figure that is marital property for divorce purposes is the present value of the
pension earned during the marriage.
Conrad M. Siegel,
Sandra L. Meilton, Esq.
June 8, 2000
Page 2
The Central Pennsylvania Teamsters Defined Benefit Plan was in effect until
December 31, 1986.
As previously indicated, Mr. Porter had accrued a monthly pension as of December 31,
1986, of $279.30 with such benefit to start at age 57. Since this benefit takes into account
5.66 years of service before the date of marriage, it is necessary to multiply by a "coverture
fraction" in order to determine the portion of the benefit earned during the marriage. The
numerator of the "coverture fraction" is 4.63 (the years from the date of marriage until
December 31, 1986) and the denominator is 10.29 (the years from the date of hire until
December 31, 1986). Thus, the "coverture fraction" is .45 (4.63 divided by 10.29).
The portion of the pension attributable to the marriage is $125.69 ($279.30 multiplied by
.45).
The present value of a monthly pension of $125.69 for a male now age 46 with such benefit
to start at age 57 is $7,434.
The present value has been determined on the basis of the assumptions promulgated by
the Pension Benefit Guaranty Corporation for annuity valuations. The interest rate is
7.1% per year for 215 years followed by 6.25% per year. The mortality is based upon the
1983 Group Annuity Mortality Table.
In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation
for annuity valuations are appropriate for the purpose of determining the present value.
Central Pennsylvania Teamsters Retirement Income Plan
The Central Pennsylvania Teamsters Retirement Income Plan is a defined contribution
pension plan. The figure that is marital property for a defined contribution pension plan is
the account balance as of the date of separation accumulated with investment earnings
only from the date of separation until the current date.
Based upon the information previously described, I determined that the account balance as
of the date of separation amounted to $27,304. Accumulating this with investment
earnings only provides for an accumulated amount as of the current date of $28,200. In
making this calculation I assumed that the rate of investment return for the year 2000
would be the same as that for the year 1999.
Summary
The following table is a summary of the values previously indicated in this letter:
Sandra L. Meilton, Esq.
June 8, 2000
Page 3
Present Value - DB Plan $ 7,434
Accumulated Value - Retirement Income Plan 28.200
Total
With best regards,
Yours sincerely,
N /bl. "k-1 )/ .
Har M. Leister, Jr., F.S.A.
Consulting Actuary
HML:kad
CERTIFICATE OF SERVICE
d
AND NOW, this w day of 2001, I, Gloria M. Rine, Legal
Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify
that I have this day served a copy of the within document, by mailing same by first class mail,
postage prepaid, addressed as follows:
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
j,4 1A- /i
Gloria M. Rine
37185.1
ANNE K. PORTER,
Plaintiff
V.
DAVID P. PORTER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4382 CIVIL TERM
DIVORCE
CIVIL ACTION - LAW
AND NOW comes the Defendant, David Porter, through his counsel, 'Tucker
Arensberg & Swartz, and petitions this Honorable Court as follows:
CLAIM FOR ALIMONY UNDER THE DIVORCE CODE
1. The Defendant has inadequate means of support for himself except
as provided for by Plaintiff.
2. Plaintiff is employed in an unknown capacity for an unknown
employer, and earning approximately $1,294.72 gross wages per week. Defendant is
employed as a truck driver at CLI Transport, in Harrisburg, Pennsylvania, and earning
$640 gross wages per week.
CLAIM FOR ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES
3. Plaintiff is Anne K. Porter, 19 East Main Street, Newville, PA 17241,
Soc. Sec. No. 041-40-7969; date of birth is January 25, 1949.
Defendant is David P. Porter, R.R. #2, Box 1361, Elliottsburg, PA
17024, Soc. Sec. No. 187-44-9028; date of birth is February 6, 1954.
4. Defendant does not have sufficient funds to support himself and pay
counsel fees and expenses incidental to this action. Plaintiff is full well and able to pay
Defendant Alimony and Alimony Pendente Lite, counsel fees and expenses.
WHEREFORE, Defendant requests the Court to enter a Decree:
A. Directing the Plaintiff to pay Alimony to the Defendant;
B. Directing the Plaintiff to pay Alimony Pendente Lite and Defendant's
counsel fees and the costs of this proceeding; and
C. For such further relief as the Court may determine equitable and just.
TUCKER ARENSBERG & SWARTZ
By: a?u?
Sandra L. M Iton
No. 32551
P.O. Box 889
Harrisburg, PA 17108
(717) 234-4121
ATTORNEYS FOR DEFENDANT
2
I verify that the statements made in this Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
D vid P. Porter, D fendant
CERTIFICATE OF SERVICE
AND NOW, this day of 2001, I, Gloria M.
Rine, Legal Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg &
Swartz, hereby certify that I have this day served a copy of the within document, by
mailing same by first class mail, postage prepaid, addressed as follows:
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
36972.1
dl-or-la M. Rme
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ANNE K. PORTER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-4382 CIVIL TERM
DAVID P. PORTER, DIVORCE
Defendant CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this " 41day of , 1999, upon consideration of the
attached Petition for Immediate Relief, a hearing shall be held on the V64 day of
1'ebAE4&AIZ.V , 499912000, at,9' 31 o'clock A m. in Court Room No.
„30' , d 'g Floor, Cumberland County Court House, Carlisle, Pennsylvania.
BY THE CO
zar. e r?] rrrt4..?.p?
?l_-y-oO
IRKS
ANNE K. PORTER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4382 CIVIL TERM
DAVID P. PORTER, DIVORCE
Defendant CIVIL ACTION - LAW
PETITION FOR IMMEDIATE RELIEF
AND NOW comes David P. Porter, Defendant, through his attorneys, Tucker Arensberg &
Swartz, and hereby petitions this Honorable Court as follows:
1. On or about July 20, 1999, a Divorce Complaint was initiated by Anne K. Porter to
the above term and number.
2. Further, in a support action initiated by Anne Porter docketed to No. 1441 S, 1995,
PACSES No. 686101307/24775, a Support Order was entered in the amount of $400 per month.
Defendant is paying said support amount; however, the Support Order is on appeal by Defendant.
3. Plaintiff and Defendant jointly own real estate located at 19 E. Main Street,
Newville, Cumberland County, Pennsylvania. The parties are separated and Anne K. Porter
resides in said marital residence.
4. Defendant was notified recently by Fulton Bank, the mortgage holder for said
marital residence, that no mortgage payment has been made on the property since September 13,
1999. A copy of documentation evidencing this default is attached. Defendant has been verbally
advised by personnel at Fulton Bank that the first step in a foreclosure action would be
commenced on Monday, December 20, 1999 if payment in the amount of $951.14 was not made
to bring the mortgage current. At this time, Defendant is uncertain whether said action has been
taken by Fulton Bank.
5. Since the parties' separation and continuing until September 13, 1999, Plaintiff had
been making the monthly mortgage payments. Defendant does not have the financial ability at the
present time to make said mortgage payments.
6. Counsel for Defendant has written letters dated December 3, 1999 and
December 7, 1999 (copies of which are attached hereto) to Plaintiffs counsel, Jacqueline Vemey,
to inquire as to Plaintiffs intention concerning this outstanding debt. No written response has been
received to date.
7. The parties have an obligation to the Internal Revenue Service in the amount of
$17,639.39 as well as an obligation to the Pennsylvania Department of Revenue in the amount of
$4,117.68 due to the filing of joint 1998 tax returns. Defendant's counsel is currently negotiating
with said taxing authorities in an attempt to have these amounts reduced. (see attached
documentation from taxing authorities).
8. Defendant has just recently received notification that the bills to P.P.& L., Inc. for
electric consumption by Plaintiff at the marital residence have gone unpaid by her and Defendant
has been advised by personnel at P.P.& L., Inc. that the current balance due to them is $307.00.
(See attached notification dated December 7, 1999 from P.P.& L., Inc.)
9. Defendant is uncertain as to whether Plaintiff is continuing to make otherjoint
obligations concerning the marital residence and will provide documentation to the Court at a
hearing on uiis matter if Plaintiff is defaulting on other obligations.
10. Defendant has funds in the amount of $95,005.56, being held in escrow by Alan D.
Taylor, Esquire, of Taylor, Taylor and Olizi, of Camden, New Jersey, representing settlement
proceeds from a personal injury suit for injuries suffered by Defendant.
11. It is Defendant's understanding, that except by Court Order, the Internal Revenue
Service debt must be resolved before any of said proceeds can be disbursed to the Defendant.
12. It is Defendant's position that no portion of the funds from his personal injury
litigation are marital property; although it is Plaintiffs position that the funds are entirely marital.
This issue will be ultimately resolved between the parties as part of a marital settlement agreement,
or will be resolved by the Divorce Master following an equitable distribution hearing.
WHEREFORE, Defendant respectfully requests the following:
a. This Court order that funds be withdrawn from the escrow being held by the New
Jersey counsel in an amount sufficient to bring the mortgage current and to pay future mortgage
payments until final resolution of the parties' domestic matters;
b. This Court order that funds be withdrawn from the escrow being held by the New
Jersey counsel in an amount sufficient to bring the electric bill current;
C. This Court order that these funds in subparagraphs a, and b. above are assigned
as coming from Plaintiffs share of the escrow, if any, and that if the Court, in equitable distribution,
determines that Plaintiff has no interest in the escrowed funds, then Defendant would receive a set
off in said amount against other assets awarded to Plaintiff, and
d. This Court order that, as a joint debt, funds be withdrawn from the escrow being
held by the New Jersey counsel for payment of the joint obligations to the Internal Revenue
Service and the Department of Revenue as soon as administratively possible following the
conclusion of negotiations to have said amounts reduced.
Respectfully submitted,
Sandra LM ilton, 1.13 432 51
Susan M. Seighman, I.D. #70323
TUCKER ARENSBERG & SWARTZ
111 N. Front Street, P.O. Box 889
Harrisburg, PA 17108
ATTORNEYS FOR DEFENDANT
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF DAUPHIN ) ss:
Personally appeared before me, a Notary Public in and for said
Commonwealth and County, Susan M. Seighman, who, being duly sworn according to law,
deposes and says that she is the attorney for Defendant in the within action; that she takes this
Affidavit on behalf of Defendant as the matters are procedural or refer to matters within the
knowledge of counsel; that Defendant cannot make said verification inasmuch as he is currently
out of this Court's jurisdiction; and that the facts set forth in the foregoing Petition are true and
correct to the best of her knowledge, information and belief.
Y?Lt/ 1//,(M ?pQ4/?A NUf
Susan MS -?`
Sworn to and sub cribed
befo me this I day
of , 1999.
Notary ubliic
Notar(al Seal
54"*r- l T homas, Notary public
rg, Dauphin County
on Expires Mar. 24, 2003
W,ln9yNanla AU0cJa6on of Notaries
1999 12:16PM FROM FULTON COLLECTION 717 581 1557
Hilt - &
P. 2
People dedicated to your success.- P.0.8UX 4897 • LANCASTFR, PA 176f4
717-581-3080
NOTICE OF .AVAILABILITY OF
December 20, 1999
ROUROMWWRIP COZAiSELXNG SERVICES
David P Porter III
Anne R Porter
19 H Main Street
Newville PA 17241
RE: Loan number 0251371639 Collateral Mortgage covering house & lot:
known as 19 E Main St. Newville PA, Cumberlane County,
Pennsylvania.
According to our records, the above-referenced obligation is in
default because payments in the amount of $475.57 each due for
November & December 4, 1999 have not been received. This
obligation is secured by a mortgage against your principal
residence. Default on the obligation may result in certain actionu
by the Bank, including acceleration of payment of the obligation
and legal action to collect this debt.
Fulton Bank is required to notify you that the Department of
Housing and Urban Development (HUD) has established a toll-free:
number you can call for a listing of HUD-approved homeownership
counseling agencies in your area. You are encouraged to take
advantage of assistance these agencies provide. The number is
800-569-4287.
If you have any questions regarding this notice, please call me ai,
the direct dial number listed above.
Sincerely,
S rri 8 rt
Senior Loan Adjustor
Fulton Bank
12/20/99 NON 11:11 [TX/RX NO 56911 Q 002
TucKER
ARENSBERG
,---&SWARTZ
December 3, 1999
VIA FACSIMILE
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
RE: Porter
Dear Jackie:
LEE C. SWARTZ
JAMES 0. MO RGAN, JR.
SANDRA L. MI'.ILTON
STEPIIEN M. GREECIIER, JR.
DENNIS R. S118AFFER
SUSAN M. SI RIUMAN
STANLEY H. 81EGIil.44
• CENTIFIR11 AS A Cnin. TRIAL
AIIVIICATF. BY no-: NATIONAL
DIIARI I OF TRIAI. AUVOCACY
- - OF Comm-
David Porter is in the process of having Anne reinstated on the health
insurance. It is possible that this has already been accomplished but I forgot to
ask him about it when we spoke this week.
Unfortunately, due to his physical injury, David is also experiencing
economic difficulty. Therefore, with regard to the mortgage, it is his suggestion
that the mortgage payment of $475.57 be taken from the escrow fund which has
been created from David's personal injury settlement. It is David's position that
since Anne is living in the marital residence, the payments on the mortgage are
her responsibility. Therefore, if she is entitled to any proceeds from the personal
injury fund, it is his position that any mortgage payments made from the fund be
taken from her share of that account. Please review this with Anne and if she is
satisfied to proceed in this fashion, you and I can write to the New Jersey
attorney, advise him of the situation and ask him to cut the appropriate checks for
payment of the mortgage.
It is David's position that Anne should not be entitled to any of the
proceeds from his personal injury case since the settlement is for future medical
bills and for his pain and suffering. Unless Anne is willing to accept this position
and discuss a settlement which excludes the proceeds from the personal injury
settlement, I do not believe that the matter will be resolved without litigation;
however, David and I are going to review the assets one more time and I will be
back in touch with you.
Please note that David indicated that the mortgage must be paid by
Monday since no payment has been received by the mortgage company since
September 23, 1999. Therefore, in order to avoid penalties, fines and possible
foreclose proceedings, please let me know Anne's position as soon as possible.
111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108.0889 717-234.4121 800-257.4121 FACSIMILE 717.232.6802
Lewistown Off" 12 Satin Main Stint PG Si,. 062 Lewielown, RY 0044.W62 217@46-3913
Pilta0urp110Rge 1500 One PPG P4Ca P'MufOn. PA 15222 4125661212
Graonsburg OAKe 106 SOWN Man SOW Gn,enaEuq.PA UWU 724.636-1212 E-mail b1XQ1Mke1%.=
AaMn ProMaaMal ORee Center U50 TWn Run Road En Moon Ta "%). PA 15106 412262-3230 We0 SAe? h!ff,J 1Mkar4wten
-KER O
.IZENSBERG
&SWARTZ
•
I will probably be out of the office most of the day but Gloria will be here and will
be prepared to talk to you and forward messages to David.
Thank you for your cooperation.
Sincerely,
TUCKER ARENSBERG & SWARTZ
Sandra L. Meilton
SLM/smk
cc: Mr. Donald Porter
23808.1
111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108.0889 717.234-4121 800-257-4121 FACSIMILE 717.232.6802
Lewlslov OBrte 12 S0u1n Man Street PO ene 881 Lemslo.. M 170AA-0887 717-248.3913
Pmspurpn Off" IS00 One PPG Plate PIII3Wrgn. PA 15222 412-. 1212
GreanaEU1806n 188S0.11,Man Snaat Glw.bu,,PA 15801 7248381212 E-maJ. 13X*1u 011-07n
an,n ProhOronalOMOe .Canler 1150TMm Run AWd EN Moon TO 00.PA 15108 412-2823130 we05ea' heP MVwwlutltM4wegn
TucKER
ARENSBERG
&SWARTZ
W I
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
IEEC.SWARTZ
IAMFSC. MORGAN, IR.
SANDRA L MEILTON
SFEIIIEN M GREECIIER,IR.
r$NNIS R. SI IEAEFER
I KENICIULFI'
December 7, 1999 CIIARILSIVARR
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RE; Porter v. Porter
Dear Jackie:
We are writing to advise you that Anne Porter is once again covered under David's
insurance. Also, please confirm for me that Anne has brought the mortgage current.
In your letter of November 16, you questioned whether David is willing to sign an
Affidavit of Consent and move forward with a divorce. He is willing to do so.
I look forward to hearing from you.
Sincerely,
TUCKER ARENSBERG & SWARTZ
Sandra L. Meilton
SLM:gmr
cc: Mr. David Porter
23896.1
111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108.0889 717.234-4121 800-257-4121 FACSIMILE 717.232.6802
Lee 11o Office 12SouMMen6lrwl P090.667 L.wSt.,M 17N4M7 717-218-3913
P11$::QN Off" 15W One PPG FUn PftW lgh, PA 15222 412.5861212
OiunW rp Olio 138S9u1NMen Slrwl GrwmE SPA 15601 7244838-1212
An99n PmNssbeel Off" Gen1R 1150 Thorn Run Rwe En. Moon T9e *, PA 15108 412262-3730
Emea 1BPC01.k@,Wwc=
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411:21p Jacqueline M. Verney
Department of the Treasury
-Ch Internal Revenue Service
PHILADELPHIA, PA 19255
11. 1Ill. IIIt.II'll III III „I,..,.II.„I , Ilil,,.,III„ IIII,I
DAVID P 8 ANNE K PORTER
19 E MAIN ST
NEWVILLE PA 17241-1110192
URGENT!
Immediate action Is required.
717-243-3518 p.3
000846 199712
Notice Number:.CP 503
Notice Date: 12-28- 1998
SSN/EIN: 187-44-9028
Caller ID: 134469
I?Cf ?[R???19' ?I?d?illf ?1AG ifl?Ilil??IIG
*187449028101x
We have attempted to collect the amount you owe, but we still haven't received our full ps meut. If you don't
respond, we may seize your paycheck, bauk account, auto or other property. We may also file a Federal Tax
Lieu. Please pay the amount you owe now. If you can't pay now, please call us at the number shown
below. We want to help you resolve this bill. If you've already paid your balance or anenged for an installment
agreement, please disregard this notice.
Account Suwmarv
Form: 1040 ITax Period: 12-31-1997
Current Balance: 517, 639. 39
Includes:
Z Penalty: 679.29
Interest: 6 134 . IS
Last Payment: $0.00
Questions? Call Lis at 1-800-829-8815
ease mail this part with your payment, payable to
write on your ched.
10411 12-31-1997 187-44-9028
187449028 UD PORT 30 0 9712 670 00001763939
rvouce Number: CP 503
Notice Date: 12-28-1998
Amount ue:
617,639.39
Internal Revenue Service DAVID P 8 ANNE K PORTER
PHILADELPHIA, PA 19255 19 E MAIN ST
NEWVILLE PA 17241-1110192
08/17/99 TUE 11:18 ITX/RX NO 91051 Q003
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES
HARRISBURG, PA 17128-0432
Y[Y-INt O 6Y O-MI
ASSESSMENT
DATE OF NOTICE: NOV 05 1999
SOCIAL SEC. NUM: 187-44-9028
DAVID P PORTER II TAX YEAR: 1998
ANNE K PORTER ASSESSMENT: N80610
PO BOX 192 BALANCE(S) DUE FOR YOUR ACCOUNT AS OF NOV 15 1999
MT HOLLY SPGS PA 17065-0192
L PEN/ADD OWED PAID BALANCE
U/EST PEN 5.00 .00 5.00
LEGAL .00 .00 .00
INTEREST .00 .00 .00
TAX/RFD 41.00 •00 1.68
PLUS OTHER TAX YEAR(S) LIABILITIES 4070.00
TOTAL DUE NOW 4117.68
PLEASE PAY THIS AMOUNT USING THE DETACHABLE COUPON BELOW
YOUR 1998 TAX RETURN WAS PROCESSED AS FOLLOWS. SEE CALCULATIONS BELOW.
IA. GROSS COMPENSATION ...................... .... YOUR FIGURES OUR FIGURES
1B. SCHEDULE UE EXPENSES........ 30,050.00 30,050.00
1C. COMPENSATION........ .00 .00
2. INTEREST (SCHEDULE A) ....................... 30,050.00 30,050.00
3. DIVIDENDS (SCHEDULE 8)........... .00 00 .00
4. NET INCOME OR LOSS .......................... 00 .00
5. TAXABLE SALE - GAIN OR LOSS. ,
................ .00 .00
5A. CAPITAL GAIN EXCLUSION ...................... .00 .00
6. RENTS, ROYALTIES, PATENTS, COPYRIGHTS....... 00 .00
7. ESTATES AND TRUSTS (SCHEDULE J) ............. .00 .00
8. GAMBLING AND LOTTERY WINNINGS ............... .00 .00
10 GROSS TAXABLE INCOME (ADD LINES 1C,2-5,6-8). 30,050.00 30,050.00
10. CONTRIBUTIONS TO MEDICAL SAVINGS............ .00 .00
11. NET PA TAXABLE INCOME(LINE 9 MINUS LINE 30). 30,050.00 30,050.00
13. TAX LIABILITY (MULTIPLY LINE 11 BY .02800).. 841.00 841.00
14. TAX WITHHELD (FROM W2'S) .................... 800.00 800.00
15. CREDIT FROM 1997 ...................
16917 ESTIMATED TAX A EXTENSION PAYMENTS.......... .00 .00
.00
18. TAX WITHHELD AS REPORTED ON NRK-1........... 00 .00
19. TOTAL CREDITS (ADD LINES 15-18) ............. . 800.00 .00
20A. NUMBER OF DEPENDENTS .................. 0 0
20C. TAX FORGIVENESS CREDIT ............... 00 .00
21. OUT STATE CREDIT (SCHEDULE . G) ............. 00 .00
22-25.CREDITS (LINES 22-25)........ .
26. TOTAL CREDITS (ADD LINES 14,19,20C-25)..... 800. .0000 800.00
28. OVTAX DUE ERPAYMEHTN(LINE M26UMINUS 13) .............. 41.00 41.00
29. REFUNDED........ .00
30. CREDITED TO NEXT YEARS ESTIMATED TAX........ 00 .00
31-35.TOTAL DONATIONS (LINES 31-35)............ .00
.00 .00
SEE REVERSE SIDE FOR MORE INFORMATION
DETACH AT PERFORATION
BUREAU OF INDIVIDUAL TAXES REV-364C (7-99)
PIT PERSONAL INCOME TAX
TAXPAYER NAME: DAVID P PORTER II
NOTICE DATE: NOV 05 1999
R SOCIAL SEC. NUM: 187-44-9028
TAX YEAR: 1998
Q PAYMENT AMOUNT:
y 100 MAKE CHECK OR MONEY ORDER PAYABLE TO: 'PA DEPT. OF REVENUE".
$ OT ITE N I M15 A
30018318744902800076199812310000000004117688 1
DEC-16-1999 'I'HU 04130 PM SSYC MT HOLLY
FAX NO, 717 466 0225 P. 01
8_7 •fc?$'g'r?.3.? .66 a Itcwgj .7748 39]92
www,ppl• nc.mm
DAVID PORTER December 7 , 1999
19 E MAIN ST
NEWVILLE PA 17241
&AIAccouat_Ko:.67b-7GZ94X l1.-
Nor: 19 h Main ST
Newville IA 17241
._Amt_PmLDur $.23.4.0(_- _
PA `0
0'e d F
Dear Customer,
Your account remains overdue. If you have not paid the full amount
due or made arrangements to pay off the balance, your electric service is
at risk of being shut-off.
Many of our customers think we cannot shut-off their electric service
during the winter. This is not true. The Pennsylvania Public Utility
Commission has established a process that allows us to shut-off electric
service during the winter months. We plan to follow this process for
customers who do not pay.
in addition, if you ignore our requests for payment of the overdue
amount, .andaraant.jmj=a L}r_payiug-y=.eJcclrie_bills-iLis neassacy..ta- .
inform you of the following:
PP&L intends to use all legal means of collecting money
owed from customers who can pay but choose not to. This
action may include shut-off of your electric service, referral of
accounts to collection agencies or attorneys, and, when
necessary, the seizure of a customer's assets (furniture,
automobile, appliances, etc.) to pay the debt.
PP&L reports each customer's payment habits to credit reporting
agencies monthly. Ignoring your unpaid bills can have a serious ncgati c
impact an your credit rating. It may make it difficult or impossible to
obtain loans, credit cards or to purchase cars, appliances or other items m
credit.
12/18/99 TRU 18:28 IT1/R1 NO 56581 QOO1
DEC-16-1999 THU 04:31 PM SSYC MT HOLLY FAX NO. 717 466 0225 P, 01/02
We urge you to pay your overdue balance or contact a PP&I, customer
service representative immediately at 1-800-358-6623 between 8:00 a.m.
and 5:00 p.m. Monday through Friday to arrange for payment of your
overdue balance.
Michelle Lawall
Supv - Revenue C,olleetions
:.:a
12/16/99 THU 16:29 lTX/RX NO 56591 (91001
CERTIFICATE OF SERVICE
s¢ n
AND NOW, this ? 1 day of 1 0*7 10e4 , 1999, I, Gloria M. Rine, Legal
Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify
that I have this day served a copy of the within document, by hand delivery, addressed as follows:
Jacqueline Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
Gloria .Rine
24254.1
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ANNE K. PORTER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 994382 CIVIL TERM
DAVID P. PORTER, DIVORCE
Defendant CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this d a-? day of tl? 2000, upon
stipulation of the parties, it is
HEREBY ORDERED AND DECREED that, the terms, conditions and provisions of
the attached Stipulation are adopted as an Order of Court as if set forth herein at length.
BY THE COURT
4?K3
,. .
ANNE K. PORTER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-4382 CIVIL TERM
DAVID P. PORTER, DIVORCE
Defendant CIVIL ACTION - LAW
STIPULATION
AND NOW, this day of f { ??2y 2000, Anne K. Porter
(hereinafter referred to as 'Wife"), through her counsel, Jacqueline M. Verney, Esquire, and David
P. Porter (hereinafter referred to as "Husband"), through his counsel, Sandra L. Meilton, Esquire,
do hereby agree and stipulate as follows:
lg82 *r-
1. The parties were married on May 15,,E-
2. The parties separated on May 27, 1999 and now live separate and apart from one
another.
3. Since the date of separation, Wife has continued to reside in the marital residence
located at 19 E. Main Street, Newville, Cumberland County, Pennsylvania.
4. The mortgage on the marital residence, held by Fulton Bank, is delinquent for the
monthly payments of $475.57 each for the months of November, 1999, December, 1999, January,
2000 and February, 2000,
5. There is an outstanding obligation due to P.P.B L., Inc. for electric consumption by
Plaintiff at the marital residence in the amount of $144.69.
6. The real estate taxes due incident to the marital residence remain unpaid for tax
year 1999 and are now delinquent in the amount of $621.94.
7. There are funds in the amount of $95,005.56, being held in escrow by Alan D.
Taylor, Esquire, of Taylor, Taylor and Olizi, of Camden, New Jersey, representing settlement
proceeds from a personal injury suit for injuries suffered by Defendant. There is a dispute between
the parties as to whether or not any of the proceeds are marital property subject to equitable
distribution.
8. The delinquent amounts set forth in paragraphs 4, 5 and 6 above for the mortgage,
real estate taxes and electric bill shall be paid from the escrow account with Alan D. Taylor,
Esquire, and that, absent an agreement between the parties, as to how the responsibility for
payments in the amounts noted in paragraphs 4, 5 and 6 above are allocated, that allocation shall
be made by the Divorce Master who hears the equitable distribution and other economic aspects of
the divorce case.
Beginning with the March, 2000 payment and continuing forward, Wife shall be
responsible for keeping all expenses current in connection the marital residence, including but not
limited to, the mortgage payments, real estate taxes, homeowner's insurance and all utilities.
10. The parties have an obligation to the Internal Revenue Service in the amount of
$17,639.39 as well as an obligation to the Pennsylvania Department of Revenue in the amount of
$4,117.68 due to the filing of joint 1998 tax returns. Efforts are being made to compromise the
amounts owed and once a decision is made on the final amounts owed on the Federal and State
taxes, those amounts shall be paid from the said escrow account.
11. Once the Federal and State taxes are paid, the balance remaining in the escrow
account shall be transferred to Keystone Financial Bank, Harrisburg, Pennsylvania, into an interest
bearing indexed money market account. The account shall be created as an escrow account for
the parties and will require the signatures of both Jacqueline M. Verney and Sandra L. Meilton, for
any all withdrawals from said account.
acq line M. Verney, Esquire
Sandra L. Meilton, Es uire
An he R. 'Porter
David P. Porter
25761.1
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ANNE K. PORTER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99-4382 CIVIL TERM
DAVID P. PORTER, DIVORCE
Defendant CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this oTto' day of l AX11Liy 2000, upon
consideration of the attached Petition for Contempt and Immediate Relief, a hearing shall be held
on the ° olnd day of ?-47' , 2000, at COG o'clock 0. m. in
61
Court Room No. ;? Floor, Cumberland County Court House, Carlisle, PA 17013.
BY THE
y-02S-00
RK3
ANNE K. PORTER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4382 CIVIL TERM
DAVID P. PORTER, DIVORCE
Defendant CIVIL ACTION - LAW
PETITION FOR CONTEMPT AND IMMEDIATE RELIEF
AND NOW comes David P. Porter, Defendant, through his attorneys, Tucker Arensberg &
Swartz, and hereby petitions this Honorable Court as follows:
1. On or about July 20, 1999, a Divorce Complaint was initiated by Anne K. Porter to
the above term and number.
2. Further, in a support action initiated by Anne K. Porter docketed to No. 1441 S,
1995, PACSES No. 686101307/24775 a Support Order was entered in the amount of $400 per
month. Defendant is paying said support amount, however, the Support Order is on appeal by
Defendant.
3. Plaintiff and Defendant jointly own real estate located at 19 E. Main Street,
Newville, Cumberland County, Pennsylvania. The parties are separated and Anne K. Porter
resides in said marital residence.
4. On December 21, 1999, Defendant filed a Petition for Immediate Relief alleging that
Plaintiff was living in the marital residence, the mortgage was in arrears and that foreclosure was
threatened.
5. At that time. Defendant was seeking to have the Court order a release of escrow
funds to bring the mortgage current.
6. A hearing on the Petition for Immediate Relief was listed for February 4, 2000.
Prior to the hearing, the parties reached an agreement and entered into a
Stipulation and filed same with the Court securing a Court Order dated February 22, 2000 (a copy
of which is attached hereto).
8. As part of the Court Order dated February 22, 2000, the mortgage was brought
current from the escrow fund.
9. The Court Order further required as follows:
9 Beginning with the March, 2000 payment and continuing
forward, Wife shall be responsible for keeping all expenses current in
connection the marital residence, including but not limited to, the mortgage
payments, real estate taxes, homeowner's Insurance and all utilities.
10. Defendant has received notice from Fulton Bank that Wife has failed to pay the
homeowner's insurance.
11. It is Defendant's belief that Plaintiff does not intend to comply with the requirements
of the Court Order dated February 22, 2000 and simply executed the Stipulation in order to have
the mortgage brought current from the escrow account.
12. Defendant has incurred counsel fees in connection with the preparation of the
Petition for Immediate Relief filed with the Court on December 21, 1999 and in preparation of the
Stipulation and Order. In addition, he has incurred counsel fees and expenses incident to the
within Petition, including preparation for and appearance at a hearing.
WHEREFORE, Defendant prays this Honorable Court to
(a) Hold Plaintiff in contempt of the Court Order dated February 22, 2000.
(b) Order that the marital residence owned by the parties shall be immediately listed for
sale with the mortgage satisfied from the proceeds of sale.
(c) Order that Plaintiff fulfill her obligations under the Stipulation.
(d) Order that Plaintiff pay Defendant $1,000 as payment for counsel fees.
Respectfully submitted,
? vtJ
Sandra L. Meilton, I.D. #32551
TUCKER ARENSBERG & SWARTZ
111 N. Front Street, P.O. Box 889
Harrisburg, PA 17108
Dated: ATTORNEYS FOR DEFENDANT
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00/29/00 WED 14:18 tAE 717 232 8802 T A & S - aba, PA IM010
VERIFICATION
I1 I, David P. Porter, acknowledge that the facts stated in the within document
are true and confect to the best of my knowledge, Information and belief.
II
I understand that any false statements herein are made subject to the penardes
of 18 Pa.C.S. Sdction 4904 relating to unswom falsification to authorhles.
r
vi P. Porter
L(- /q- pv
ANNE K. PORTER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4382 CIVIL TERM
DAVID P. PORTER, DIVORCE
Defendant CIVIL ACTION - LAW
ORDER OF COURT
AND NOW,
this ^9/l e day of ?VAJJZIIA lie
2000, upon
stipulation of the parties, it is
HEREBY ORDERED AND DECREED that, the terms, conditions and provisions of
the attached Stipulation are adopted as an Order of Court as if set forth herein at length.
BY THE COURT,
,
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C.QddKld1 e•
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TG:1E COPY FPOM !`':' r)RD
In •y %ah;:r,of, i I-re L. t my hand
and Jte .c81 Of jeid Coui. a C r, Pa.
Thi ..?c..Z . d -01. . WWAA
rothonotary
ANNE K. PORTER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 99-4382 CIVIL TERM
DAVID P. PORTER, DIVORCE
Defendant CIVIL ACTION - LAW
STIPULATION
AND NOW, this day of f{ ?04 S?e-, 2000, Anne K. Porter
(hereinafter referred to as 'Wife' ), through her counsel, Jacqueline M. Verney, Esquire, and David
P. Porter (hereinafter referred to as "Husband"), through his counsel, Sandra L. Meiiton, Esquire,
do hereby agree and stipulate as follows:
192 ,4gi
1. The parties were married on May 15,, 9
2. The parties separated on May 27, 1999 and now live separate and apart from one
another.
3. Since the date of separation, Wife has continued to reside in the marital residence
located at 19 E. Main Street, Newville, Cumberland County, Pennsylvania.
4. The mortgage on the marital residence, held by Fulton Bank, is delinquent for the
monthly payments of $475.57 each for the months of November, 1999, December, 1999, January,
2000 and February, 2000;
5. There is an outstanding obligation due to P.P.& L., Inc. for electric consumption by
Plaintiff at the marital residence in the amount of $144.69.
6. The real estate taxes due incident to the marital residence remain unpaid for tax
year 1999 and are now delinquent in the amount of $621.94.
There are funds in the amount of $95,005.56, being held in escrow by Alan D.
Taylor, Esquire, of Taylor, Taylor and Olizi, of Camden, New Jersey, representing settlement
proceeds from a personal injury suit for injuries suffered by Defendant. There is a dispute between
the parties as to whether or not any of the proceeds are marital property subject to equitable
distribution.
8. The delinquent amounts set forth in paragraphs 4, 5 and 6 above for the mortgage,
real estate taxes and electric bill shall be paid from the escrow account with Alan D. Taylor,
Esquire, and that, absent an agreement between the parties, as to how the responsibility for
payments in the amounts noted in paragraphs 4, 5 and 6 above are allocated, that allocation shall
be made by the Divorce Master who hears the equitable distribution and other economic aspects of
the divorce case.
9 Beginning with the March, 2000 payment and continuing forward, Wide shall be
responsible for keeping all expenses current in connection the marital residence, including but not
limited to, the mortgage payments, real estate taxes, homeowner's insurance and all utilities.
10. The parties have an obligation to the Intemal Revenue Service in the amount of
$17,639.39 as well as an obligation to the Pennsylvania Department of Revenue in the amount of
$4,117.68 due to the filing of joint 1998 tax retums. Efforts are being made to compromise the
amounts owed and once a decision is made on the final amounts owed on the Federal and State
taxes, those amounts shall be paid from the said escrow account.
11. Once the Federal and State taxes are paid, the balance remaining in the escrow
account shall be transferred to Keystone Financial Bank, Harrisburg, Pennsylvania, into an interest
bearing indexed money market account. The account shall be created as an escrow account for
the parties and will require the signatures of both Jacqueline M. Verney and Sandra L. Meilton, for
any all withdrawals from said account.
acq line M. Vemey, Esquire
Sandra L. Meilton, Esc uire
I An a K. 'orter ,
David P. Porter
25761.1
CERTIFICATE OF SERVICE
p `{'A
AND NOW, this / / day of , 2000, I, Gloria M. Rine, Legal
Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify
that I have this day served a copy of the within document, by hand delivery, addressed as follows:
Jacqueline Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
jz?-C' Glonna M. Rine
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ANNE K. PORTER,
Plaintiff
V.
DAVID P. PORTER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4382 CIVIL TERM
DIVORCE
CIVIL ACTION - LAW
PRAECIPE
PROTHONOTARY:
Defendant hereby withdraws the Petition for Contempt and Immediate Relief filed in
the above matter. Further, Defendant respectfully requests that the hearing before the Honorable
Edgar Bayley for May 22, 2000 at 11:00 a.m. be cancelled.
'Sandra L. Meilton, I.D. #32551
TUCKER ARENSBERG & SWARTZ
111 N. Front Street, P.O. Box 889
Harrisburg, PA 17108
Dated: _/6 • e eD ATTORNEYS FOR DEFENDANT
ti
CERTIFICATE OF SERVICE
AND NOW, this Ik day of *-1 2000, I, Gloria M. Rine, Legal
Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz, hereby certify
that I have this day served a copy of the within document, by first class mail, addressed as follows:
Jacqueline Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
Honorable Edgar Bayley
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013
Gloria M. Rine
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ANNE K. PORTER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
VS. : CIVIL ACTION - LAW
: NO. 99-4382 CIVIL TERM
DAVID P. PORTER,
Defendant IN DIVORCE
PRE-TRIAL STATEMENT OF PLAINTIFF, ANNE K. PORTER
AND NOW, comes the Plaintiff, Anne K. Porter, by and through her attorney, Jacqueline
M. Verney, Esquire, and files her Pre-Trial Statement, and in support thereof states as follows:
1. BACKGROUND
The parties were married on May 15, 1982 in Dauphin County, Pennsylvania. The parties
separated May 28, 1999 and have been living separate and apart since that time. On July 20,
1999, Wife filed a divorce complaint. Because Defendant was represented by counsel at the
time, a copy of the complaint was forwarded by regular mail to Robert O'Brien, Esquire with a
request to execute an Acceptance of Service. Defendant thereafter retained the services of
Sandra Meilton, Esquire. Numerous requests were made to both of Defendant's attorneys to
execute an Acceptance of Service. To date, no acceptance of service has been executed. In
addition to irretrievable breakdown, indignities and adultery, Wife raised the economic claims of
equitable distribution, alimony, and alimony pendenre /ire. Husband mailed a Petition for
Alimony, Alimony Pendente Lite, Counsel Fees and Expenses to the Prothonotary for
Cumberland County on February 17, 2001. Counsel for Wife has not received verification that
the Petition was tiled. Wife asserts that Husband's claim for Alimony is barred due to his past
adultery and past and present cohabitation.
By Order dated July 25, 2000, Wife is to receive $255.00 in spousal support. Husband
was recently terminated from his job with Schneider Trucking and accepted a lesser payingjob
with CLI Transport. Wife is presently unemployed due to layoff from her job. She expects to
begin receiving weekly unemployment benefits in the amount of $194.00 in March, 2001.
11. PRESENT INFORMATION
1. ASSETS:
A. Real Property: 19 East Main Street, Newville, Pennsylvania, 17241 with an appraised
value of $63,000.00 from R. Scott Archibald dated April 23, 1998, attached as Exhibit A.
B. Motor Vehicles: 1997 Ford F350 truck with a Kelly Blue Book appraisal of $16,455
dated April 15, 2000, attached as Exhibit B.
C. Bank Account/Litigation proceeds: M&T bank account $70,613.49. Husband claims wife
has no interest in these proceeds. However, the personal injury lawsuit made a claim for
both Husband and Wife and the release that was signed listed claims for both Husband
and Wife. Wife nursed Husband through his period of convalescence, managed the
parties' rental properties for income and sold personal non-marital property to maintain
the standard of living and the marital home. Release attached as Exhibit C.
D. Retirement/pension: Husband accumulated two retirement/pension benefits during the
marriage. Exhibit attached to Husband's Inventory and Appraisement.
E. Household property: The parties have not agreed as to the value of the personal property
or the division thereof. If necessary, the property will be appraised for time of hearing.
2. EXPERTS:
Wile reserves the right to call a medical expert to detail her work limitations. She further
reserves the right to call a real estate appraiser to give an opinion concerning the value of the
marital residence. Wife reserves the right to supplement her expert witness list.
3. WITNESSES:
Wife expects to call Husband and Wife. Gerald Henneman, a private investigator, 1 I 1
Fairway Drive, Carlisle, PA 17013 to prove the allegations of adultery. Wife reserves the
right to supplement her list of witnesses.
4. EXHIBITS:
Wife anticipates offering the exhibits attached hereto including her Income/Expense
Statement. Wife reserves the right to supplement this list if necessary.
5. INCOME/EXPENSE INFORMATION:
Wife only works periodically due to the availability of work and her medical problems. She
is presently unemployed and should begin receiving unemployment benefits in March, 2001.
Her Income/Expense Statement is attached as Exhibit D.
6. COUNSEL FEES/ALIMONY:
Due to Wife's medical condition and only periodic employment, Husband is required to pay
alimony for an indefinite period of time in an amount determined by the Master.
Wife maintains that Husband is bared from Alimony due to adultery and cohabitation.
Wife maintains that Husband is in a more favorable financial position to pay for counsel fees
than she is.
7. ITEMS IN DISPUTE:
All marital property not previously divided to Wife's satisfaction as indicated on the attached
Inventory and Appraisement, Exhibit E.
8. MARITAL DEBT:
See attached Inventory and Appraisement.
9. PROPOSED RESOLUTION:
Wife proposes that she retain the marital residence, all personal property remaining therein,
except the 486 computer and certain tools. She proposes that the marital debt be paid from
the litigation proceeds and the remaining proceeds be divided equally between Husband and
Wife. She further demands possession of the 1997 Ford truck and an equitable portion of
Husband's retirement/pension benefits. She also demands alimony at an amount to be
determined by the Master for an indefinite period of time.
Respectfully submitted:
Its, V1,
Z'acgdeline M. Verney, Esquire #23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff
EXHIBIT "A"
;eddie Second Mortgage
Mac '
- Property Value Analysis Report
?1O"K PORTEq DAVID 8 ANNE _ C.rrw 42-41.120
r_.--- - --
PfO'A?r'n -__-...__10EA5TAAAIN$TREET.._,..---. McP._.__2Q-17li8.9
Charm.: X 16F (rnl a
Pn PUD I__I Dmm. ? urY1.
Gry ...-..--.°• NEVdVILLE., _ Coady __ CUMBERLAND saa PA,
md No. _ WA L 2p Code 17241
-'--• --- ... _an Re_e4d;_ WA _ Term N/A. Mw,_--- Ovgrn Ep_Vrw; WA
No. of Rome. No. d OOAOOrrre No of soft F.miy roam m dM; 0rwe LMrp Arw L1.r.2acewl ParM.e P.lb err
8 ---. 4_.. I i•6 I I lye, lxlw I 1,760 OaNI NONE COVPOR
NEIGHBORHOOD
t.Dn2mr ['J Urb.n f?il 6-b ftn Ru.1
am up LXJ Ova 76% L,J 25%lo76% I,_I 1hWaab% PIA" ease r"4 F& 1001
MO R.a ? Fully Da. L1 rTepa LxJ 6.rry I.I 6bw a.el ApC-wdow pear. a Ll LI C-1 CJ
Proprly V.L+n ? immm p I.J Saba ^ w 01=..1 Cl
oariaw&ypq, LJ Sh"W l_-I o.dnnc roP..troM.rw.l C] F-1 U (71
M fmw f TWO LXJ In D.anoe. LJ d« sup* .
Ureter 6 Moe. I X_l 4•4 Ma. I - I as 2 Moe.
Prwd L.rr Uw 60 zIFw* 5 ,%2.4F.ney xrp.. _. . xcam 20 %camnwaw %vd"" 10 %V. x
Ctl W N Pram" Land Un Lx_I Na I.N.ry LJ u1ery L_I clp F. Pm rim RV oocup.nq, LXl O.rw Cl Ten" - 1.. _. %vacmd ---.-...---0
OF -
&FAge f 40 loS .. _g0 _ 60 . Predomlr.d Vokm
b _e0.. ... Yr.. Preaom. Ape 55 Yre
Nar. Fr.dd. MN dam M aw~r ewe. r.ar w,ryoNam a ad Mer.od.aa W Wrefta m' 0/r Yam.
Comrrrrde an adme a.w.br 0/r unl.vm.da,.lloorp m rkeMbeby (,g. public paw, edraoa, Wn) • THE SUBJECT PROPERTY IS LOCATED IN THE
BOROUGH OF NEWVILLE' CUMBERLAND COUNTY. .-.... .
SUBJECT PROPERTY
Ym&i1° 19 25 Urea 1 Slmin 2 Prdp6rtyRating Good
Type(dK, aapaY,..rdrdq,) SEMI-DETACHED J
Desw (Immer am condition of Extada
. Camp.tbWryaNegroodwod DO LX] ? ? l .1
E+awrM.rt VINYL TRADITION Roof Men. COMPSH
Progrly in HUDadwwte.d SpT Flood tward Am? ? y« ox w Appe.l.rr MerMl.bLiry _ [zJ ? C? l_F--
SpeaWEmW_Emri.atam. NONE
Comrnwe. Uevw" or ua.vonba
IrraMrdlrp W awed melnarl.negl THE SUBJECT APPEARS TO BE TYPICAL OF THE NEIGHBORHOOD.
-`-- ...._-_•=_:_?
16•w 19
EAST MAIN STREET agmpal6pla no. 1
7811V. AAAIN STREET __ _.. Compgreble No.2 C
- • - -ornparebla No, 3.
NEWVILLE
NEWVILLE 131 PORTER AVE 1SBUCHANANST.
oartilq_
_
SAME BLOCK NEWVILLE
•_ - ---- NEWVILLE
M
---- ?---
NIA SA
ESLOCK
--.. .
SAME BLOCK
ra9.a'- -_
-- f ?? _
oe!4!4L !-.-
AdL?nie!tl
_..-00
--
f 67,000 i
Mtalpll
n
A
?r
nAI,?W. WA ..
_
2/27/99 -_
?
.--- _
?uowl
?!o
_ Su9uRQ%AV_G. _
A
SUaURB/AVG.
_ 3/13/97
-
SUBl1RB/AVG
- _10/14/97
B
YV14w VERAGE
AVERAGE
-------- :__
AVERAGE _- SUB,UR
/AVG_
-
""'- -
A
-SEPT. ----'- ---._...R§
80
EST _
VERAGE _
- ?- -
e
ngA _,-
r
A
Fi AVE RA
I -AVERAOE/DET_ 4?
-- -
.
_.
_OOOD/SEMI _ YEARS
- -
5000
G00D/SEMIT
p
m
rm
••i TOW
ToW
9
E•Rrrr. e.er
4 tb
Tar is. Br.
4
8 1.60
Taal &Fir tans
?-
5 -5.000
Tar &R- me. tdr.
.
'
?
_-_?
?
SB!'P!e+
ebn
11760 FL
1 706 FL
?6 _ _ ±540
_ _ 2 1.00
_- 1,.660 .. -Sq.FL .
+600 8 3 1.00 +600
_
..
+1,000
1018
F
7
?
NONE
NONE _
-
.- -
sg_
C .- ±
,440.
-
NONE - NONE
E - - -E
ire, P06D
COV POR NONE
COV POR
NONE
COV POR - -- _
_
_-- NONE - -
e nc COV POR
wEnww NONE NONE ----- -- ---
-NONE _ --- --- --_..--
re"Im. NONE
r
Icesi) APPLIANCES
APPLIANCES
. i___-3,460
Lone-2i .._.--.
APPLIANCES APPLIANCES
Lf rle
LXI w,,, i 3
500 X F
.
L"
Cannreru
ALL
COMPARABLES _
Na •6% Gm 7% 2 _ 59
440 Not -5% Ore 10% f
ARE LOCATED WITHIN THE SAM
I ,
L._ ww„
f - - 63,600 Net 5%
On 20x( S_ 2,940
2 67,840
E
?DUTp4 SUBDIVISION AS THE SUBJECT PROPERTY.
J(TERK)R INSPECTION ONLY. LIMBED APPRAISAL. RESTRICTED REPORT.- _.,_, ___ _• _. _ _ -- '- - - --
OaM.y00•l1YAyY?ielYbrua?e1•e•ew awl.lYewreiy ?•a..1.1a•a.wI MY.Pder.Ye.a.alYW - ..._.. .. - _
cadre Yeah. aan/ennra. TIe erWa OlY w.Y YMyrw Mnl?Yn NYa Y.rarA71
" W g M V" t 63.000 u a _ _ APRIL 23,-.
to _gg
1.Y0.
AR --
Trio
--
--
Dab
APRIL 23-
ATTACH CURRENT DESCRI --- --' "'"'-" '-
i00RAPHSOPAIelrarroon,,.•..-• ••_ •-
EXHIBIT "B"
??u -- Now rdaturat
wwener? Xvak+?`WaIaC
kbb.CDm-QtfidingNecarWyer
Carr to e« i.
W= CAR mKUCa
mwentprin G:
MOTOTJMLN
tIWACOA. :
a1"y4 wCAR' awu e. «eeeeetia wrn•wvrr
OL7PWANONG Blue Book Trade-In Report
an 01OURAMCfi
... . P«yM Wh-Ap1115.23G
NOWT WB
IaNOT40CAR3 lwrrawpmw PMOSuper CUILlaogAa&
Comm
Rlry M ROOK Lww-Q«mr Pnee . u"tl Ur
AROIITYe• 6gkre: Ve 73L Tat:o OYW r ro"WI &-Hew a•
CONTACTu1; Tfanr, A:domatleT?ens. W U Cer Fm Gals Online
FAO MWya: R? nw Oedor Feld.tlne Qlate
NO O1r Illa nCWanGLQWGle
AnolharRemd
lWlpmd
arnrewwft empectow Tpdonlfud Tamt
Pa Wkddws A138(4•WhUQ =14PWd
Pow Dam Locks Stine Rw Widow Alloy Whuh
7mvw" Picoa1M1lt.ap DusIRMrWhtde
Consumer Rated Condition: Cood
"oaad' andeal mwtr Mat er wddds Y hee of anynnkr deleoh. tna WrR body eM YrrrYr
I
w rud
Yon oMYnlhM? a'm ,endtherenndffwahwAelbto,, m nrd abdae hThetlm ne
a'ohlsn, tldsMouldbe WvelY wrymtnensl,std• dadurYenahaWbbenlamde/4aa
mdoh erd hew oubobaoi h W wen 14& A clan Nn WLIO l Y uwmrd. A W wticYwY
nod solo Mowdllonkg IA be cod at relat hawww4w mwnffdarbp WWWd be dtdudbd ham
the Value. M* Mantmadd ava Mood by camamra fat Into this ofAt oly.
n?e1UlMwr. swwm / &/ yS S?
TrM*4n wdw MpMeerda whet ym mighteogeot o Mahe fpm a dSOW for tlaawwww owned
which."In hind dat the dedw must Mn &bombthe oat of a"V er wMds Maly for aaY,
faeat mdlselsew oo re ? ry faar:drp aM Inaaa mand mnane behtlM tns t?eole
CeMeambrowk woo wetCn. e4 ayss kr.M x.rewr eMSralm Fewon.r w ft aererrnwino my nar be
Mee
ram tlr lrM ereewkwepwy lw«IJbmn>.va 4 ewrrrsul ,a. aer myne ag
eW ar senaeareaeWwretry.lme earaia ron4f+reWfw wva ar+rbime.
! ? 1
?1?
EXHIBIT "C"
RELEASE
This Release, dated g /n is given
BY the Rdeasor(s)
DAVID PORTER and ANNE PORTER, husband and wife
referred to as "I",
TO
MICHAEL FIRTH, TRANS OCEAN, TRANS OCEAN MARITIME SERVICES, INC., TRANS OCEAN
MARINE TERMINAL, HOLT MARINE TERMINAL, HOLT OVERSIGHT & LOGLSMCAL
TECHNOLOGIES
referred to as "You".
If more than one person signs this Release, "I" shall mean each person who signs this Release.
1. RdzuL I release and give up any and all claims and rights which 1 may have against you. This releases all
claims, including those of which I am not aware and those not mentioned in this Release. This Release applies to
claims resulting from anything which has happened up to now, I specifically release the following claims:
For personal injuries, permanent and/or temporary disability, medical and/or hospital expenses
and any and all other incidental expenses and losses, including loss of services, society and
companionship, resulting out of an incident which occurred on January 24, 1997 in
Gloucester, New Jersey, and which is the subject of Docket No. CAM-L-04159-97, in the
Superior Court of New Jersey, Law Division, Camden County.
It is expressly understood and agreed that the acceptance of the said amount is in full accord
and satisfaction and in compromise of all disputed claims, and that the payment thereof is not
an admission of liability but is made for the purpose of terminating all disputes and litigations
between the parties.
It is also expressly understood and agreed that I hereby confirm and guarantee that I will pay
any outstanding medicals or liens of any kind from any source accrued and will satisfy any
outstanding bills from any medical provider with regard to medical services or other services
supplied by any source as a consequence of this accident. I do further hereby agret to
indemnify and hold hamiless Reieasee with respect to any and all such claims and/or liens, d
2. PUMNa4 1 have been paid a total of $175,000.00, in full payment for making this Release.
I agree that 1 will not seek anything further including any other payment from you.
3. Who is Bound. I am bound by this Release. Anyone who succeeds to my rights and responsibilities, such as my
heirs of the executor of my estate, is also bound. This Release is made for your benefit and all who succeed to your
rights and responsibilities, such as your heirs or the executor of your estate,
4. Si I understand and agree to the terms of this Release. If this Release is made by a corporation its
proper corporate officers sign and its corporate seal is affixed.
Witnessed or Attested by:
P -------
, PORTER ?N law).
/?? w
ANNE PORTER (Seal)
F
49
CV
i
V.
STATE OF NEW JERSEY, COUNTY OF SS:
I CERTIFY that on 19-,
personally carne before me and this person acknowledged under oath, to my satisfaction, that:
(a) this person is the secretary of the corporation named in this document;
(b) this person is the attesting winces to the signing of this document by the proper corporate officer who is
the President of the corporation;
(c) this document was signed and delivered by the corporation as its voluntary act drily authorized by a proper
resolution of its Board of Directors;
(d) this person (mows the proper seal of the corporation which was affixed to this document; and
(e) this person signed this proof to attest to the truth of these facts.
Signal and sworn to before me on
, 19 .
(Print tsune of stunting wk= below sigta ure)
\06_A\LlA8\L88\LLPG\217"6\MPM\14181 \00455
AS TO DAVID PORTER
STATE OF AMylvan,iL, COUNTY OF Curlber/af7d
I CERTIFY that on AugvST °l , 1999, David Porter, personally came
before me and stated to my satisfaction that this person (or if more than one,
each person):
W (a) was the maker of the attached instrument; and
b executed this instrument as his or her own action.
NDTARULLODESEAL ?2 asz
[JODOY r E ENRy ubtlc oa
GACumberlaoVP P' on-"cly e and title below signature
y Cmmissb L n Expires Aprtl t 6, 2001 t. E ceen wade-
AS TO ANNE PORTER Norf Publ.t
I CERTIFY that on A-U\Vq 1999, Anne Porter, personally came
before me and stated to my satisfaction that this person (or if more than one,
each person):
was the maker of the attached instrument; and
M executed this instrument as his„_.Qr her own act
NOTARIAL SEAL %rri i?name ana L1Lle Delowe s
DENISE PINAMONTI. Notrv Pu6xc
EXHIBIT "D"
INCOME AND EXPENSE STATEMENT OF
THIS STATEMENT MUST BE FILLED OUT
(If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must
also 101 out the Supplemental Income Statement which appears on the last page of this Income and Expense
Statement.)
INCOME
(a)
Wages/Salary
Employer & Address
Job Title/Description
Pay Period (weekly, biweekly, monthly)
Gross Pay per Pay Period ......................................................
Payroll Deductions:
Federal Withholding ..................S
Social Security ...........................S
Local Wage Tax ..........................S
State Income Tax .......................5
Retirement ..................................S
Health Insurance ........................5
Other (specifw) ............................S _
_- .........................$-__.
Net Pay per Pay Period
(b) Other Income
Interest/Dividends
Week
Month
S
S
s
S
S
s
s
a
S
S
Year
S
S
S
S
S
5
s
s
Pension/Annuity .........................5
Social Security ...........................S
Rents/Royalties ..........................S
ExpensgAccount .......................S
Q*S .A: . °C ..............5 ,315-0
Unemployment Compensation.S 1,77-3-o
Workmen's Compensation ........5
Total, Other Income .......................5 ? 3-7, SD
S
INCOME AN EXPENSE ATE
m4
I verity that the statements made In th is Inco
andd nse State.
ment are true and correct. I understand that fants herein
ar e made subject to the penalties of Pa.C.S. 4904 tolaling
unsworn I IsAc ion to authorities.
Oate:
A
tilof Dalandanl
Pla
SSI'l 7167 DRq DATE
Household Child Household ?Par??
Week Week Month
EXPENSES
Home 360.00
Mortgage;Rent ....................................... . S S S 75S $
Maintenance .......................................... . S S S 5'lZ
D
Utilities (telephone, heating .
n S
electric, etc.) ....................................... . S S S S
Employment (transportation,
lunches) .............................................. . $ S S
S
Taxes
Real Estate ..........................................
. S S
..
. S S /02? .
Personal Property .................................. S S
. S S
Income ..................................................... S S
S
S
Insurance
Homeowners ........................................... S S S s 29G > r7O
Automobile .............................................. S S S
612
S
L
ife/Accident/Health .............................. S S S CO ,
Other ........................................................ S S Q
S
S
Automobile ( s, fuel, .
repairs) '?.0
, UAAQ
0
10
S
7
-9
....
. S S --c?G
s r? S
Medical _
Doctor, Dentist, Orthodontist ............. $$
r7
d
... S
• S
Hospital ....................................... ........ S S -
S
S
Special (glasses, braces, etc.).1V...... S S S ,2p5' Di) S
Education
Private, Pargchi}I Syhgof ....................... $ S S
College ..$,7?4l /..aFt!J ...............
$ S
S Q Y) S
S
Personal
Clothing ................................................... S S S J`
77. QQ S
Food ......................................................... S S ?
S -=tea S
Other (household supplies,
barber, etc.) .......................................... S S S $
Credit payments and loans .................... S 5 S $
Miscellaneous
Household helplchild care ..................... S S S -
$
Entertainment (inc. papers,
books,xaaatiaa, pargV e¢c.)............ S S S
pe)
Jo S
GiftslCharitable contributions .............. $ S -
?
$ -
S
Legal Fees ............................................... $S S S
Other child supportlalimony
payments ............................................. $ S S $
Other (specify) .............................................. $ $ $ -
. $
Total Expenses ............................................. $ S 3/ .57
5 d?
.
PROPERTY OWNED Ownership'
Checking Accounts Description
r Value
' H W
J
C c..
rc ?1??,?
S --
Savings Accounts ........... S
?-
S
Credit Union .......
... = - --
.
......... S
Stocks/Bonds
S
'-
Real Estate ....
.................
4 cS )?
S - ---
Other ?7 r-35D?rZ??? .cL S[
S aOCJ
............................... , X
Total, Property '--
INSURANCE Company Policy No. Coverage
Hospital H W C
Medical ...........................
------ ---
Health/Accident .............. ---
Disability Income ..,•,,,,•,,, -
Other (dental, etc.) .......... ' -
('H - Husband, W • W1f , J • Joint, C • Child)
SUPPLEMENTAL INCOME STATEMENT
A. This form must be filled out by a person who (check one):
(1) operates a business or practices a profession; or
(2) Is a member of a partnership or joint venture; or
(3) is a shareholder in and is salaried by a closed corporation or similar entity.
B. Attach to this statement a copy of the following documents relating to the business, profession, partnership,
joint venture, corporation or similar entity.
(1) the most recent Federal Income Tax Return, and
(2) the most recent Profit and Loss Statement.
C. Name and Address of business:
Telephone Number
0. Name and Address (if different than C) of accountant, controller or other person in charge of financial
records:
E. (1) Annual income from business .............................................................................................S
(2) Now often is income received? ............................................................................................ S-
(3) Gross income per pay period .............................................................. $
...... ..........................
4) Net income per pay period ................................................... S
............................................
(5) Specific deductions If any ............................................................................_...................... $
EXHIBIT "E"
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VERIFICATION
1 verify that the statements made in the within pleadings are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities.
i
Dated: ? /p j ? ? L?
Anne K. Porter
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the Pre-Trial Statement was served
on the following person by first class US mail, postage prepaid on the date indicated:
Sandra L. Meilton, Esquire
P.O. Box 889
Harrisburg, PA 17108-0889
Date: -?? OI Q. e Vb-I tc?
cq line M. Verney, Esquire # 167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff
Get a Document - by Party Name - Hicks AND Kubit
2000 PA Super 221; 758 A.2d 202,
2000 Pa. Super. LEXIS 1003, **
SHERRI D. HICKS, Appellant v. JOSEPH E. KUBIT, Appellee
No. 1734 WDA 1999
SUPERIOR COURT OF PENNSYLVANIA
2000 PA Super 221; 758 A.2d 202; 2000 Pa. Super. LEXIS 2003
May 22, 2000, Submitted
August 4, 2000, Filed
Page 1 of 5
PRIOR HISTORY: [**1] Appeal from the Order September 17, 1999 In the Court of
Common Pleas of Allegheny County Civil No. FD97-010706. Before McVERRY, J.
DISPOSITION: Affirmed.
CASE SUMMARY
PROCEDURAL POSTURE: Appellant sought review of the decision of the Court of Common
Pleas of Allegheny County (Pennsylvania), which distributed the parties' marital assets and
debts and denied appellant's request for alimony.
OVERVIEW: Appellant wife and appellee husband were divorced after four years of marriage.
Before the marriage appellant borrowed money for her education. During the marriage she
borrowed additional money for her education and to cover the parties' joint living expenses.
Appellee had also been paying a loan. The trial court denied appellant's alimony request and
found that the marital debt included the money borrowed by appellant to cover living
expenses and appellee's loan. The court found that the trial court erred in only finding that
the money appellant borrowed for joint purposes was marital debt and held that instead the
entire amount of money borrowed during the marriage was marital debt. However, because
appellant was the sole beneficiary of the education the court found that that portion of the
marital debt was properly assessed to her. Because appellant was young, had a college
degree, was without dependents and had an earning capacity the court found that she had
failed to carry her burden to prove her entitlement to support.
OUTCOME: The judgment of the lower court dividing the parties' martial assets and debts
and denying appellant's request for alimony was affirmed where the appellant failed to
establish that she was entitled to alimony where she was young, could earn an income, and
had no dependents.
CORE TERMS: marital, marriage, borrowed, equitable, pension, alimony, earning capacity,
offset, time of trial, abuse of discretion, determinative, educational, misapplied, preserved,
assigning, deferred, law firm, recommendations, unemployed, earn
CORE CONCEPTS - Show Concepts
COUNSEL: Charles P. Voelker, Pittsburgh, for appellant.
Dorothy Petrancosta, Butler, for appellee.
JUDGES: BEFORE: CAVANAUGH, EAKIN AND MONTEMURO*, JJ. OPINION BY MONTEMURO, J.
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_ i
Gel a Document - by Party Name - Flicks AND Kubit
*Retired Justice Assigned to the Superior Court.
OPINIONBY: MONTEMURO
OPINION: [*203]
OPINION BY MONTEMURO, J.:
Filed: August 4, 2000
Page 2 or5
This is an appeal from an order distributing the parties' marital assets and marital debts, and
denying Appellant's request for alimony.
The parties to this matter were married in October of 1992, and separated in August of 1996.
Their divorce became final in October of 1999. There are no children and virtually no assets.
At the time of trial, April of 1999, Appellee was 36 years old, an attorney with 15%
partnership in a small law firm acquired after separation, and from which he earns $ 35,000
per year. He also conducts an independent practice from which he expected to earn an
additional $ 15,000 in 1999. Appellant was 30 years old at the time of trial and unemployed,
but had, in 1996, completed a bachelor's degree in English writing, and had earned $ 30,000
plus commissions per year in activities related to ice skating; it was not clear whether, at
termination in November of 1998, [**2] she had quit or been fired from this position.
[*204] For the first 18 months after separation, Appellee made voluntary support
payments. In March of 1998, pursuant to a claim for support filed the previous February,
Appellant was awarded $ 260 per month, which was reduced to $ 183 per month the
following July. As of the time of trial there were less than $ 5 in arrearages.
The primary dispute centers around allocation of marital debt. Prior to the marriage,
Appellant had borrowed $ 11,875 to pay for her education at the University of Pittsburgh.
During the marriage, she borrowed an additional $ 30,776, of which, according to Appellant's
testimony, $ 13,000 was deposited into the parties' joint account to cover joint living
expenses. In addition, Appellee had been paying a $ 9,700 loan from the senior partner in his
law firm.
Accepting the report and recommendations of the master, the trial court divided the marital
assets, a total of $ 5,200, n1 60% to Appellant and 40% to Appellee. It further found that the
marital debt consisted of the $ 13,000 borrowed by Appellant which was used for joint
purposes, and the $ 9,700 loan from Appellee's law [**3] partner. This amount was
allocated 60% to Appellee and 40% to Appellant. The $ 11,875 which Appellant had
borrowed prior to the marriage was determined not be marital, as was the balance of the $
30,776 borrowed during the marriage and used to pay for Appellant's education. Appellant's
alimony claim was denied. This appeal followed.
------------------Footnotes------------------
n1 This amount represents the sum of the marital portion of Appellee's pension, $ 2,700, and
the value of Appellee's automobile, $ 2,500.
----------------- End Footnotes -----------------
This appeal presents four issues which we will address seriatim.
We note that our standard in reviewing the propriety of equitable distribution awards is
broad: we will not disturb a trial court's determinations absent an abuse of discretion, that is,
if the trial court failed to follow proper legal procedures or misapplied the law. Nor will we
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Get a Document - by Party Name - I-licks AND Kubit Page 3 of 5
usurp the trial court's duty as factfinder. Verhoiek v. Verhoiek, 1999 PA Super 282, 741
A.2d 792 (Pa. Super. 1999)(en bane). Our consideration of [**4] the case includes all of its
circumstances and the conclusions of the trial court in light of the legislative policy of
effectuating economic justice between the parties. Cohenour v. Cohenour, 696 A.2d 201,
203-04 (Pa. Super. 1997); 23 Pa.C.S.A. § 3102(6).
Appellant first argues that "the trial court erred in finding that only a small portion of student
loans borrowed during the course of the parties' marriage constituted marital debt."
(Appellant's Brief at 5). Relying on this Court's decision in Litman v. Litman, 449 Pa.
Super. 209, 673 A.2d 382 (Pa. Super. 1996), she contends that the point in time at which
the debt is incurred determines whether it is marital or otherwise, and, since $ 30,776 was
borrowed during the marriage, that whole amount is marital debt. She is indeed correct in
asserting that case authority supports her position. See Drake v. Drake, 555 Pa. 481, 725
A.2d 717 (1999); Litmans, supra. The trial court erred Insofar as it characterized the debt
as nonmarital on the basis of how the loan proceeds were expended.
In [**5] Duff v. Duff, 510 Pa. 251, 507 A.2d 371 (1986), our Supreme Court found that
tax liabilities accruing from the sale of stock prior to separation was a joint debt of the parties
regardless of the use to which the proceeds of the stock sale were put. However, in
remanding to the trial court for reevaluation of the distribution in light of the joint liability,
the Court specifically declined to recommend how a new distribution should be made. Thus
because a debt is characterized as marital is not necessarily determinative of which party is
liable for its satisfaction.
[*205] Appellant herein conflates the status of the debt with its apportionment, and would
have us assign the whole in the proportions as already established. However, as Duff makes
clear, nomenclature does not determine the ultimate distribution of either assets or liabilities.
Rather, that decision is to be based on the circumstances surrounding the acquisition of the
debt or asset, along with all other factors relevant to fashioning a just distribution. See 23
Pa.C.S.A. § 3502. Thus despite any error in the terminology used by the court to [**6]
describe the balance of the loan applied to Appellant's educational expenses, the court
properly noted that its discretion extended to assigning the debt to Appellant on the equitable
principle that she received the sole and exclusive benefit of the education financed by such
means. As the court observed, "whether the education debt is marital or not is of
significance, but not ultimately determinative of who shall be responsible for its repayment."
(Trial Ct. Op. at 5). Since Appellant was to be the exclusive beneficiary of the education, that
portion of the marital debt derived from her education prop:?rly belonged to her, n2
------------------Footnotes------------------
n2 Appellant's proposed division of the debt lessens her liability by approximately $ 10,600.
The difference is between 40% of $ 30,776 ($ 12,310), Appellant's preferred allocation, and
the actual allocation 40% of $ 13,000 ($ 5,200) plus $ 17,776 ($ 22,976).
----------------- End Footnotes -----------------
Appellant next argues that the court abused its discretion in failing to consider as a marital
debt the interest [**7] accruing on her education loans. The same analysis applies here as
to the underlying debt, and the result, too, remains the same.
Appellant also contends the court erred in denying her claim for alimony. She bases her
argument on the disparate economic situations of the parties, the differences in their earning
capacity, and her need for support to continue her education. The trial court, having adopted
the master's recommendations, found that the brevity of the marriage, Appellant's education,
age and proven earning capacity justified the denial of alimony.
Our scope of review in assessing the propriety of an award or denial of alimony is to
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.-.,
Get a Document - by Party Name - I licks AND Kubit
Page 4 0l' 5
determine whether the trial court's order is motivated by prejudice, bias or ill-will, or whether
the court has overridden or misapplied the law. If so, the court has abused its discretion, and
we are not bound by its conclusions. Absent these errors, where the court's decision is
substantiated by the record and supported by applicable case law we must affirm. Wagoner
v. Wagoner, 538 Pa. 265, 648 A.2d 299 (1994); Gilliland v. Gilliland, 2000 PA Super 96,
751 A.2d 1169 (Pa. Super. 2000). [**S] Moreover, alimony is not meant as a punishment
or reward, but "to ensure that the reasonable needs of the person who is unable to support
himself/herself through appropriate employment are met." Gilliland, 751 A.2d at 1174
(quoting Jayne v. Jayne, 443 Pa. Super. 664, 663 A.2d 169, 174 (Pa. Super. 1995)). It was
Appellant's burden to prove her entitlement to support. Asin v. Asin, 456 Pa. Super. 515,
690 A.2d 1229 (Pa. Super. 1997).
Appellant failed to carry her burden. Although the trial court mistakenly stated that Appellant
had not applied to graduate school, she only did so for the fall of 1999 although she had been
unemployed since November of 1998, and had been receiving support from Appellee since
the parties' separation in August of 1996. She is young, has a college degree, is without
dependents, and has an earning capacity of $ 30,000 per year. Her indebtedness for
educational expenses is not unique and does not entitle her to further financial assistance
from Appellee. The trial court correctly denied her request.
Finally, Appellant argues that the trial court erred in deferring [**9] payment of her
equitable share in the marital estate to the date of Appellee's retirement rather than making
it immediately available to her. Before addressing the merits of Appellant's claim, we must
decide [*206] whether it is properly before this Court. The trial court noted that the issue
had not been briefed for the court nor mentioned at oral argument on exceptions, although it
was included in Appellant's statement pursuant to Pa.R.A.P. 1925(b), and concluded that the
method of distribution was both supported by the record and within the court's discretion.
Because it has been preserved through both exceptions and Appellant's statement of matters
complained of on appeal, the matter has been preserved. Compare Jara v. Rexworks, Inc.,
718 A.2d 788 (Pa. Super. 1998) appeal denied, 558 Pa. 620, 737 A.2d 743 (1999) (although
Appellant did not file post trial motion for new trial after Appellees had sought retrial on
damages only, issues were not waived for appeal where they had been included in 1925(b)
statement, and had been addressed by trial court).
With regard to pensions,
in formulating equitable distribution schemes, Pennsylvania [**101 courts apply either the
immediate offset method, which divides the benefits at the time of the equitable distribution
proceeding by assigning a present value to the marital portion of the pension, or the deferred
distribution method, which requires the court to reserve jurisdiction over the benefits until
they mature or enter pay status.
Brown v. Brown, 447 Pa. Super. 424, 669 A.2d 969, 972 (Pa. Super. 1995), aff'd by an
equally divided court, 547 Pa. 360, 690 A. 2d 700 (1997).
In this, as in all other aspects of equitable distribution awards, the trial court's decision will
be reversed only for abuse of its discretion. Id. In Zollars v. Zollars, 397 Pa. Super. 204,
579 A.2d 1328 (Pa. Super. 1988), this Court found that because there were insufficient
marital assets to satisfy the wife's equitable share of the husband's pension, distribution of
the $ 106,013 she was owed should be deferred. In Endy v. Endy, 412 Pa. Super. 398, 603
A.2d 641, 644 (Pa. Super. 1992), we observed that "though (sic) [the immediate offset
method] is the preferred alternative because it avoids [**11] continuing contact between
the parties, this method is impractical where the parties do not possess sufficient assets to
offset the pension award." In the present case, there are no cash assets in the marriage,
thus, it would seem appropriate to defer payment of Appellant's share of Appellee's pension.
We find no abuse of discretion in the trial court's disposition.
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Order affirmed.
Source: All Sources : / ... /: Federal and State Caselaw O
Terms: name(hieks and kubit) (Edit Search)
View: Full
Date/Time: Monday, March 26, 2001 - 2:42 PM EST
About LEXIS-NEXIS I Terms and Canddions
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Page 5 of5
./retrieve? n1=5956c29a8795b630ff71940b4791'a6el&_browse'I'ype=TEXTONLY&docntt 03/26/2001
ANNE K. PORTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 99 - 4382 CIVIL
DAVID P. PORTER, II,
Defendant IN DIVORCE
CONFERENCE WITH
COUNSEL AND THE PARTIES
TO: Jacqueline M. Verney
Anne K. Porter
Counsel for Plaintiff
Plaintiff
Sandra L. Meilton
David P. Porter, II
Counsel for Defendant
Defendant
A conference has been scheduled at the office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 18th day of May, 2001, at 1:15 p.m.,
with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of
settlement of claims. If issues remain after the
conference, a hearing will be scheduled at another date.
Very truly yours,
Date of Notice: E. Robert Elicker, II
May 4, 2001 Divorce Master
ANNE K. PORTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
. NO. 99 - 9382 CIVIL
DAVID P. PORTER, II,
Defendant IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Jacqueline M. Verney , Attorney for Plaintiff
Sandra L. Meilton , Attorney for Defendant
A pre-hearing conference has been scheduled
at the Office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 27th of April, 2001, at 9:30
a.m., at which time we will review the pre-trial statements
previously filed by counsel, define issues, identify
witnesses, explore the possibility of settlement and, if
necessary, schedule a hearing.
Very truly yours,
Date of Notice: 2/26/01 E. Robert Elicker, II
Divorce Master
ANNE K. PORTER,
Plaintiff
VS.
DAVID P. PORTER, II,
Defendant
TO: Jacqueline M. Verney
Sandra L. Meilton
. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 9382 CIVIL
IN DIVORCE
Attorney for Plaintiff
Attorney for Defendant
DATE: Tuesday, October 10, 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.
r
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
/d?/oZ cQ?
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.
w
ANNE K. PORTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
Vs. NO. 99 - 4382 CIVIL
DAVID P. PORTER, II,
Defendant IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Friday, April 27, 2001
Present for the Plaintiff, Anne K. Porter, is
attorney Jacqueline M. Verney, and present for the Defendant,
David P. Porter, II, is attorney Sandra L. Meilton.
The parties were married on May 15, 1982, and
separated May 27, 1999. There were no children born of the
marriage.
A divorce complaint was filed on July 20, 1999,
raising grounds for divorce of irretrievable breakdown of the
marriage, indignities, and adultery. Counsel have indicated,
however, that the parties will sign and file affidavits of
consent and waivers of notice of intention to request entry of
divorce decree so that the divorce can be concluded under
Section 3301(c) of the Domestic Relations Code. The complaint
also raised the economic claims of equitable distribution and
alimony.
Husband filed a petition on February 20, 2001,
raising equitable distribution, alimony, and counsel fees and
expenses on his own behalf.
With respect to the claims for alimony, counsel
have indicated that if husband perhaps will agree to stipulate
that he was engaged in an extra marital relationship during
the time the parties were living together, we may be able to
obviate the need for testimony on conduct. Counsel will
pursue the possibility of obtaining a stipulation prior to the
conference.
Wife is 52 years of age and resides at 19 East
Main Street, Newville, Pennsylvania, where she lives alone.
She has a Bachelor's degree from Shippensburg University and
three credits short of a Master's degree. Her course of study
was in history. She is also a licensed realtor. Currently
she is unemployed but her unemployment is temporary inasmuch
as she drives truck as her main vocation. She has
unemployment benefits currently at $194.00 per week and is
receiving $680.00 per month in spousal support from husband.
She does expect to be going back to work full-time in the near
future when her name comes up on the union list. Husband's
counsel believes that looking at wife's income over the term
of a year, her income exceeds husband's income. Wife also
complains of having some medical problems, namely,
fibromyalgia, osteoathritis, ulcers, and cataracts.
Husband is 47 years of age and resides at RR 2,
Box 1361, Elliotsburg, Pennsylvania 17024-9782 with a female
friend. He is a high school graduate and he is currently
driving truck for CLI Transport in Middletown, Pennsylvania.
His monthly net income as computed by the Domestic Relations
Office is $2,419.38. Husband sustained injuries in an
accident in January of 1997 and continues to have problems
with his back and neck. In addition to the pain resulting
from those injuries which he continues to treat, he also has
depression.
With respect to the health situation of both
parties, counsel have indicated that they may have to resort
to taking depositions; however, they are going to attempt to
resolve the issue with reports from the doctors.
The parties own real estate at 19 East Main
Street, Newville, Pennsylvania, where wife is residing. We
may need to have a review of the value of that real estate
based on an updated appraisal. Counsel had, at one point,
stipulated to a value of $68,000.00; the assessment value is
$73,000.00 and an old appraisal on April 23, 1998, showed a
value of $63,000.00. The property is subject to a mortgage
with Fulton Bank with a payoff of around $49,000.00. The
monthly mortgage payment is $475.57. Wife would like to
remain in the home and is willing to try to refinance the
property.
With regard to any credit that husband might be
due, counsel have stipulated that there is credit due husband
for the mortgage payments. With respect to any other credit,
that matter remains for further discussion.
There is one vehicle involved in this case, a
1997 Ford 350 truck which the parties have valued. The values
of each of the parties is substantially different and counsel
are going to try to resolve the value of the truck so we have
an acceptable dollar amount to use in the equitable
distribution computation.
Husband's teamster's pension and the teamster's
retirement income plan have been valued by Harry Leister and
those numbers are essentially agreed to by the parties. They
may have to be updated with an interest rate, specifically the
marital portion value to be updated to the date of
distribution.
Both parties received a settlement in a personal
injury case which is marital property. The balance in that
account as of November 13, 2000, was $71,942.00. Some of
those monies were used to pay other obligations of the parties
as previously noted and stipulated to by counsel.
The household tangible personal property is mostly
in wife's possession and husband should provide a list of any
items which he removed from the property when he left.
Husband did not leave with his guns and ammunition and loading
equipment. We learned today that wife sold five of husband's
guns for $1,000.00 and gave two away for work she claims was
done around the property. In return, she says husband has all
the tools which have not been valued. In any event, the guns
husband expected to receive in kind as part of his
distribution. Wife is going to determine if she can locate
the guns either to have them returned and pay back the
$1,000.00 or have the guns made available for an appraisal.
Likewise with the guns that she gave away, they should be
appraised or returned to wife so that they can be transferred
to husband.
The marital debt is listed on the pretrial
statements and husband states that he is agreeable to paying
the marital debt out of the proceeds of the personal injury
case except for wife's student loan and the debt to wife's
cousin. Attorney Meilton his cited a case which indicates
that if the monies for the student loan were used for one of
the party's benefit without any benefit to the marriage, the
obligation should not be charged against the marriage as a
marital debt.
The Master is going to ask each counsel to go on
the record to indicate what information they would like to
have provided or what they are going to provide in order to
prepare the case for a settlement conference. A conference is
going to be set for Monday, May 7, 2001, at 9:00 a.m.
Notices will be sent to counsel and the parties. Counsel
have been advised that we will not be able to provide a court
reporter that day and if they do feel that we have the
possibility of putting an agreement on the record, they are
responsible for providing their own court reporter. Ms.
Verney.
MS. VERNEY: Both counsel will provide
updated information regarding the credit card debt and
payments made to those credit card companies.
Both counsel are also going to provide an
updated valuation of the truck.
Plaintiff's counsel will provide written
statements from two doctors concerning the health of the
plaintiff.
(A discussion was held off the record.)
MS. MEILTON: With regard to the marital
residence, counsel will either get their clients to stipulate
to a current value or we will get an updated appraisal prior
to our conference.
Counsel will work to come up with a
compromise value for the one marital vehicle.
We will update the value of the escrow
account which is held by M&T Bank which resulted from
husband's personal injury accident.
We will get a current value for the mortgage
balance.
Counsel will either reach a stipulation with
regard to values for household goods or we will arrange to
have Chuck Bricker do an appraisal of those assets.
Counsel for husband will obtain a report from
Mr. Porter's current treating physician regarding his physical
limitations and general medical condition.
The case which pertains to the college loan
payment is Hicks vs. Kubit, 2000 PA Superior Court 221: 758 A
2d. 202 or 2000 PA Super Lexus 2003.
Cc: Jacqueline M. Verney
Attorney for Plaintiff
Sandra L. Meilton
Attorney for Defendant
ANNE K. PORTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
NO. 99 - 4382 CIVIL
DAVID P. PORTER, II,
Defendant IN DIVORCE
CONFERENCE WITH
COUNSEL AND THE PARTIES
TO: Jacqueline M. Verney
Anne K. Porter
Sandra L. Meilton
David P. Porter, II
Counsel for Plaintiff
Plaintiff
Counsel for Defendant
Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 7th day of May, 2001, at 9:00 a.m.,
with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of
settlement of claims. If issues remain after the
conference, a hearing will be scheduled at another date.
Very truly yours,
Date of Notice:
April 27, 2001
E. Robert Elicker, II
Divorce Master
Pal
VS.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. q q ,/ l % CIVIL 19
IN DIVORCE
STATUS SHEET
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DATE:
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ANNE K. PORTER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99 - 9382 CIVIL
DAVID P. PORTER, II,
Defendant IN DIVORCE
TO: Jacqueline M. Verney Attorney for Plaintiff
Sandra L. Meilton Attorney for Defendant
DATE: Tuesday, October 10, 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.
TUCKER ARENSBERG & SWARTZ
Cftr.BRA'I INC { A ON 11121 01 N k%+ 1,
Office of the Prothonotary
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013
RE: Porter v. Porter
Dear Sir or Madam:
May 16, 2001
Enclosed herewith for filing is the original and one copy of Defendant's Answer to
Plaintiffs Amended Complaint requesting Counsel Fees and Expenses.
Please time stamp my copy and return same to me I have provided a postage paid
envelope for same.
Thank you.
/gmr
Enclosures
cc: Jacqueline Verney, Esquire
E. Robert Elicker, il, Divorce Master
Mr. David Porter
8908.1 (with enclosure to each)
Sincerely,
TUCKER AREN/SSBERG & SWARTZ
Gloria . Rine. Legal Assistant to
Sandra L. Meilton
111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108.0889 717-2344121 800.257.4121 FAX 717.2326802
P,Mhur9h • RII5bu,9h Acpoll Alfa • Lewistown
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LAW OFFICE OF
JACQUELINE M. VERNEY
ATTORNEY AND COUNSELOR AT LAW
May 3, 2001
E. Robert Elicker, II, Esquire
Divorce Master
9 North Hanover Street HAND DELIVERED
Carlisle, PA 17013
Re: Porter v. Porter
Dear Mr. Elicker:
My client has asked me to correct two matters that were included in your Pre-Hearing
Conference Memorandum.
Ms. Porter was a licensed realtor in 1981 and 1982. She did not escrow her license
and therefore the statement that she is a licensed realtor is inaccurate. We would agree to a
statement that she was a licensed realtor in 1981 and 1982.
Ms. Porter is also not three credits shy of a Masters Degree. Ms. Porter has taken six
courses, 18 credits towards her Master's Degree. We respectfully suggest that a statement to
that effect be included in a revised Memorandum.
In addition, we disagree with Attorney Meilton regarding the reading of Hicks v.
Kubi, 758 A.2d 202, 2000 PA Super 221 (2000). That case indeed confirms that so long as
the student loan was incurred during the marriage, it is a marital debt. The case goes on to
state: "...nomenclature does not determine the ultimate distribution of either assets or
liabilities. Rather, that decision is to be based on the circumstances surrounding the
acquisition of the debt or asset, along with all other factors relevant to fashioning a just
distribution." The court ultimately affirmed the debt allocation to wife because there were
few assets and it agreed that the appellant was the exclusive beneficiary of the education.
This is clearly distinguishable from the Porter matter. The student loans in this matter
were incurred between 1989 and 1993. During and subsequent to receiving her college
degree, Ms. Porter managed the family trucking business. As such she exclusively handled
all the finances, accounting and bill paying, kept the books for the company and paid the
taxes. At the same time she managed and physically maintained three rental properties that
the couple had purchased.
44 SOUTH HANOVER STREET, CARLISLE, PA 17013 (717) 243-9190 FAX 243-3518
May 3, 2001
Page 1
Ms. Porter's ability to perform those responsibilities was a direct result of her college
education which indeed benefited the marriage. Secondly, functioning in that dual role as
accountant of the family business and manager for the rental properties, she had no other
time to obtain employment outside the home that would have utilized her college degree
otherwise.
We maintain that the college loans are marital debt, that they should be included in
any calculation and apportioned according to the ultimate equitable distribution award, and
that the college degree has not exclusively benefited Ms. Porter.
Lastly, Ms. Porter has accepted employment through her union. She began work at a
construction job on Monday, April 30, 2001. The travel time from her home is
approximately one hour each way. She is making $21.00/hour.
Very truly yours,
b:Mty, Esquire
JMV/mos
cc: Anne K. Porter
Sandy L. Meilton, Esquire via fax only
TUCKER ARENSBERG & SWARTZ
470"64k
01EMA I ING A C_IfN I I IKY Of )LIM'IC'.1
Sandra L. Meilton
May 1, 2001
Robert E. Elicker II, Esquire
9 North Hanover Street
Carlisle, PA 17013
RE: Porter
Dear Bob:
Enclosed per your request is a copy of the Hicks v. Kubit decision addressing the
student loan issue as it relates to equitable distribution of debt.
Sincerely,
TUCKER ARENSBBE_ RRG?& SWARTZ
Sandra L. Meilton
SLM/smk
cc: Mr. David Porter
Jaqueline M. Verney, Esquire
Enclosure
111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17106-0869 717-234.4121 800257-4121 FAX 717.232.6802
P+IlsbunJll Pill SOUIgn A,10W Area Lavnslown
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TucKER
ARENSBERG
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Office of the Prothonotary
Cumberland County Court House
One Courthouse Square
Carlisle, PA 17013
RE: Porter v. Porter
Dear Sir or Madam:
February 17, 2001
Enclosed herewith for filing is the original and one copy of a Petition for Alimony, Alimony
Pendente Lite, Counsel Fees and Expenses along with this firm's check in the amount of $30.00 to
cover the filing fee.
A postage-paid envelope addressed to my office is also enclosed for the return of the
receipt for the filing fee and the one enclosed copy after time stamping. By copy of this letter, I am
providing copies of the pleading to both counsel for Mrs. Porter and Mr. Elicker, the Divorce
Master.
Thank you.
SLM:gmr
Enclosures
cc: Jacqueline Verney, Esquire
E. Robert Elicker, ll, Divorce Master
Mr. David Porter
(with enclosure to each)
6909.1
Sincerely,
TUCKER ARENSBERG & SWARTZ
Sandra L. Meilton
111 NORTH FRONT STREET PO BOX 889 HARRISBURG, PA 17108-0889 717.234.4121 800.257.4121 FACSIMILE 717.232.6802
Lawhmn Otl" 12 South Man Sth"t PO Soa 667 Lvmfl M,PA 17044-0667 717-218-3913
PMMXPgh WOO 1500 OM PPG P400 P6laburph, PA 15272 412.56&1212
G1W1bu190lio 136 South Man StWt G4an40urp,PA 15801 724.Mt21Y E+nai1. IapcOtuckaNwPpn
A qW PMb9$0 M a10"" C"V 1160 Thom Pun RW En. Mom 7owlhio. PA 15109 412.282.3130 Wab SM' h6PAnnaluUaNrroo,n
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, It
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
January 17, 2001
West Shore
697.0371 Ext. 6535
Jacqueline M. Verney Sandra L. Meilton
Attorney at Law Attorney at Law
44 South Hanover Street TUCKER, ARENSBERG 6 SWARTZ
Carlisle, PA 17013 111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
RE: Anne K. Porter vs. David P. Porter, II
No. 99 - 4382 Civil
In Divorce
Dear Ms. Verney and Ms. Meilton:
Attorney Meilton has returned the certification document relating to
discovery indicating that discovery is complete. We have not had a response from
Ms. Verney. The document that Sandra Meilton returned was dated October 12,
2000. Consequently, I am going to assume that any outstanding discovery issues
that may have existed should have been completed by this time and that we will not
be dealing with discovery matters at the pre-hearing conference level.
A divorce complaint was filed on July 20,1999, raising grounds for divorce
of irretrievable breakdown of the marriage, indignities, and adultery. Economic
claims were also raised in the complaint relating to equitable distribution, alimony,
and alimony pendente lite. No claims have been raised by either party for counsel
fees and costs.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a
pretrial statement on or before Friday, February 23, 2001. Upon receipt of the
Ms. Verney and Ms. Meilton, Attorneys at Law
17 January 2001
Page 2
pretrial statements, I will immediately schedule a pre-hearing conference with
counsel to discuss the issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pretrial statements are set forth in
subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN
THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO
OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE
MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING
VACATED.
TUCKER ARENSBERG & SWARTZ
Sandra L. Menton
CELERRAI ING .A CLN 11 IR1' UI JLRVI( ]` smcitlanWprtxonaweool
October 13, 2000
Robert E. Elicker II, Esquire
9 North Hanover Street
Carlisle, PA 17013
RE: Porter v. Porter
Dear Mr. Elicker:
Enclosed please find Defendant's Certification that Discovery is complete in the
above referenced matter.
Sincerely,
TUCKER ARENSBERG & SWARTZ
Sandra L. Meilton
SLM/ads
Enclosure
33215.1
111 NORTH FRONT STREET PO BOX a89 HARRISBURG, PA 17108 0889 717-234.4121 600-257-4121 FAX 717-232.6802
Pdrsb.rttlh • FvboryY, A:1p0:1 Area • Low:510wn
L<nae IapL'4IUCkCrIaw COm
www.tucherlaw.com
TucKER
ARENSBERG
&SWARTZ
February 22, 2001
E. Robert Elicker, II, Divorce Master
9 N. Hanover Street
Carlisle, PA 17013
RE: Porter v. Porter
No. 994382 Civil Term
Dear Mr. Elicker:
Enclosed herewith is Defendant's Pre-trial Statement.
Sincerely,
TUCKER ARENSBERG & SWARTZ
. tLff.C fSan ra L. MeiSLM:gmr
Enclosure
cc: Jacqueline Verney, Esquire
(with enclosure to each)
37224.1
111 NORTH FRONT STREET PO BOX 889 HARRISBURG. PA 17108-0889 717-234-4121 800-257-4121 FACSIMILE 717-232-6802
."*I vm Oft" 12 South Mein Street PO Box 867 Lemsto", M 17044.0867 717@48-3913
Peleburgh Office 1500 One PPG Piece PM16sburgh. PA 152n 412-566-1212
Greensbur006be 138 South Main Smael Greensburg. PA 15601 724.838-1212 E-mail Iapc0lurkaNw.cOm
Aawn Pmhssional Office Center 1150 Thom Run RoaG Exl. Mocn 7oenship, PA 15108 412.262.3730 Web SAO: hBP?AVww.luekar4wcpn
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, 11
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
West Shore
697-0371 Ext. 6535
May 21, 2001
Jacqueline M. Verney
Attorney at Law
44 South Hanover Street
Carlisle, PA 17013
Sandra L. Meilton
Attorney at Law
TUCKER, ARENSBERG & SWARTZ
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
RE: Anne K. Porter vs. David P. Porter, II
No. 99 - 4382 Civil
In Divorce
Dear Ms. Verney and Ms. Meilton:
Enclosed is a draft of the agreement which you put on
the record on May 18, 2001. Please review the draft for any
corrections with the understanding that no substantive
changes can be made.
When you have reviewed the draft give us a call and
let us know if you want us to send the original to the
Plaintiff's attorney for signature who then can transmit the
original to the Defendant's attorney for signature. When I
receive a signed copy of the document, I will then obtain a
Court order vacating my appointment.
Thank you for your continuing cooperation in bringing
this matter to settlement.
Very truly yours,
E. Robert Elicker, II
Divorce Master
LAW OFFICE OF
JACQUELINE ??Y_1. VERNEY
ATTORNEY AND COUNSELOR AT LAW
June 14, 2001
E. Robert Elicker, 11, Esquire
Divorce Master
9 North Hanover Street HAND DELIVERED
Carlisle, PA 17013
Re: Porter v. Porter
Dear Mr. Elicker:
Enclosed please find a completely executed Stipulation and Agreement in the above
referenced matter. Please file the matter and relinquish jurisdiction.
Very truly yours,
Jacque in1 a M. Verney, Esquire
JMV/mos
cc: Anne K. Porter
Sandy L. Meilton, Esquire w/ enclosures
44 SOUTH HANOVE.R STREET, CARLISLE, PA 17013 (717) 243-9190 FAX 243-3518
ANNE K. PORTER,
Plaintiff
V.
DAVID P. PORTER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4382
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S ANSWER
TO PLAINTIFF'S AMENDED COMPLAINT
REQUESTING COUNSEL FEES AND EXPENSES
AND NOW comes Defendant, David P. Porter, by and through his attorneys,
Tucker Arensberg & Swartz, and answers Plaintiffs Amended Complaint filed with the
Court on or about May 9, 2001:
17. The allegations set forth in Paragraph 17 require no responsive pleading.
18. Denied. It is denied that Plaintiff lacks sufficient funds to pay counsel fees
and expenses incident to the pending action. To the contrary, it is averred that Plaintiff is,
by her own admission, capable of employment and is, in fact, employed at the present
time.
19. It is admitted in part and denied in part. It is admitted that Plaintiff had been
collecting unemployment from February 21, 2001 through May 1, 2001. Further, it is
admitted that she is currently earning $21.00 per hour. The remaining allegations set forth
in Paragraph 19 are denied in that Defendant has insufficient knowledge to respond to
those allegations.
20. Admitted.
21. Denied. It is denied that Defendant is in a better economic position to pay
Plaintiff's counsel fees and expenses. To the contrary, Defendant eams slightly less than
50% of the amount that Plaintiff eams. By way of further response, it is averred that even
though Plaintiff is occasionally laid off from her $21.00 per hour employment, she, by her
own admission, is able to be gainfully employed and could readily earn at least the same
hourly rate as Defendant. Plaintiff's periods of unemployment are voluntary and by her
own choosing so that she can await receipt of the $21.00 per hour employment. By way of
clarification, it is noted that Plaintiff worked from August 3, 2000 through December 31,
2000 and earned in excess of $30,000 during that five month period.
22. The allegations set forth in Paragraph 22 are conclusions of law to which no
responsive pleading is required.
WHEREFORE, Defendant respectfully prays that this Honorable Court deny
Plaintiffs request for counsel fees and expenses and that it grant Defendant's request for
counsel fees and expenses as pleaded in Defendant's Petition for Alimony, Alimony
Pendente Lite, Counsel Fees and Expenses filed on February 20 2001.
Respectfully submitted,
TUCKER ARENSBERG & SWARTZ
BY:
S eilton I.D. 932551)
111 North Front St., P.O. Box 889
Harrisburg, PA 17108-0889
Date: 2001 ATTORNEYS FOR DEFENDANT
I, Sandra L. Meilton, acknowledge that the facts stated in the within
document are true and correct to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities.
'Sandra L. Meilton
DATED: /G Q /
I
CERTIFICATE OF SERVICE
I/? 4 h
AND NOW, this ? day of, 2001, I, Gloria M. Rine,
Legal Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg & Swartz,
hereby certify that I have this day served a copy of the within document, by mailing same,
first class mail, postage prepaid, addressed as follows:
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
Gloria M. Rine
39828.1
ANNE K. PORTER,
Plaintiff
V.
DAVID P. PORTER,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4382 CIVIL TERM
DIVORCE
CIVIL ACTION - LAW
AND NOW comes the Defendant, David Porter, through his counsel, Tucker
Arensberg & Swartz, and petitions this Honorable Court as follows:
CLAIM FOR ALIMONY UNDER THE DIVORCE CODE
1. The Defendant has inadequate means of support for himself except
as provided for by Plaintiff.
2. Plaintiff is employed in an unknown capacity for an unknown
employer, and earning approximately $1,294.72 gross wages per week. Defendant is
employed as a truck driver at CLI Transport, in Harrisburg, Pennsylvania, and earning
$640 gross wages per week.
CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES
3. Plaintiff is Anne K. Porter, 19 East Main Street, Newville, PA 17241,
Soc. Sec. No. 041-40-7969; date of birth is January 25, 1949.
Defendant is David P. Porter, R.R. #2, Box 1361, Elliottsburg, PA
17024, Soc. Sec. No. 187-44-9028; date of birth is February 6, 1954.
4. Defendant does not have sufficient funds to support himself and pay
counsel fees and expenses incidental to this action. Plaintiff is full well and able to pay
Defendant Alimony and Alimony Pendente Lite, counsel fees and expenses.
WHEREFORE, Defendant requests the Court to enter a Decree:
A. Directing the Plaintiff to pay Alimony to the Defendant;
B. Directing the Plaintiff to pay Alimony Pendente Lite and Defendants
counsel fees and the costs of this proceeding; and
C. For such further relief as the Court may determine equitable and just.
TUCKER ARENSBERG & SWARTZ
By: 7i1
Sandra L. M Iton
No. 32551
P.O. Box 889
Harrisburg, PA 17108
(717) 234-4121
ATTORNEYS FOR DEFENDANT
2
I verify that the statements made in this Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
dl"z "e
D vid P. Porter, D fendant
CERTIFICATE OF SERVICE
A AND NOW, this ?7 day of -e 04012 , 2001, I, Gloria M.
Rine, Legal Assistant to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg &
Swartz, hereby certify that I have this day served a copy of the within document, by
mailing same by first class mail, postage prepaid, addressed as follows:
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
Gloria M. Rine
36972.1
ANNE K. PORTER,
Plaintiff
V.
DAVID P. PORTER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION - LAW
: NO.99-4382 CIVIL TERM
: IN DIVORCE
NOTICE OF INTENTION TO RESUME PRIOR NAME
Notice is hereby given that the Plaintiff in the above matter, having been granted
a final decree in divorce on the 2"' day of July, 2001, hereby intends to resume and
hereafter use the previous name of Anne Kaiser and gives this written notice avowing her
intention in accordance with applicable law.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
/' m
&7-
Anne K. Porter
T e known as:
?A
Anne Kaiser
ss
On the ? day of 2001, before me, a notary public, personally
appeared Anne Kaiser (formerly now as Anne K. Porter), known to me to be the
person whose name is subscribed to the within document and acknowledged that she
executed the foregoing for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and seal.
jNo ary "Public
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Anne K. Porter IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS. DIVORCE CIVIL ACTION - LAW
David P. Porter
NO. 99-4382 CIVIL TERM
I. Identifying Information
1. The Participant is David P. Porter.
The Participant's Social Security number is 187-44-9028.
The Participant's address is RR 2, Box 1361, Elliottsburg, PA 17024-9782.
2. The Alternate Payee is Anne K. Porter.
The Alternate Payee's Social Security number is 041-40-7969.
The Alternate Payee's address is 19 East Main Street, Newville, PA 17241.
The Alternate Payee's date of birth is January 25, 1949.
3. The parties were married on May 15, 1982, and separated on May 27, 1999. The
parties have raised claims of equitable distribution of marital property pursuant to the
Pennsylvania Divorce Code.
11. Method of Dividing Participant's Benefits
1. The Central Pennsylvania Teamsters Retirement Income Plan 1987 shall pay to the
Alternate Payee a portion of the Participant's vested accrued benefit under the Plan.
The Alternate Payee shall receive $5,000.
2. The Fund shall separately account for the benefits awarded in Paragraph 1 of this
Section II as soon as administrable after this Order is determined to be a QDRO. The
Alternate Payee shall be credited with net income, loss or expense from the date this
Order is determined to be a QDRO.
3. The Alternate Payee may elect to receive payment from the Plan in any form in which
benefits may be paid under the Plan to the Participant (other than in the form of a joint
and survivor annuity).
4. The Alternate Payee may select a beneficiary to receive her benefits in the event the
Alternate Payee should die prior to receiving all of her benefits by filing a beneficiary
designation form with the Fund Office. In the event the Alternate Payee should die
prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the
Alternate Payee on a beneficiary form provided by the Fund Office on request, or if no
beneficiary is selected, to the Alternate Payee's estate.
5. The Alternate Payee may elect to receive payment from the Plan at the Participant's
earliest retirement age or, if earlier, at the earliest date permitted under the Plan. For
purposes of this paragraph, the Participant's earliest retirement age means the earlier
of W the date on which the Participant is entitled to a distribution under the Plan, or
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Page 2
(ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on
which the Participant could begin receiving benefits under the Plan if the Participant
separated from service.
III. Other Provisions
1. This Order is intended to constitute a qualified domestic relations order within the
meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended and
Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended,
and shall be interpreted in a manner consistent with such intention.
2. The Court shall retain jurisdiction to amend this Order to the extent necessary to
establish or maintain its status as a que.lified domestic relations order.
3. It is recognized that the Alternate Payee may elect to commence receiving benefits
before the Participant retires. If the Alternate Payee so requests, the Participant will
cooperate with the Alternate Payee in substantiating a claim or application to the Fund
and shall provide any documentation or information reasonably necessary to establish
their eligibility for benefits.
(1
EXECUTED this V1 day of 20-0-L.
BY THE
Judge
CONSENT TO ORDER:
PLAIN FF/ALT RNATE PAYEE
i
Sign ture
Date
DEFENDANT/PARTICIPANT
&Zel P
Signature
Date
r
QDRO
Page 3
ATTORNEY FOR PLAINTIFF/
ALTERNATE PAYEE
Pinaure
8
Date
ATTORNEY FOR DEFENDANT/
PARTICIPANT
Signature
9- // D /
Date
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