HomeMy WebLinkAbout99-05415F
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
SUSAN A. G WIAM,
Plaintiff
Viv:u,
WILLIAM P. GRAHAM, III,
Defendant
\'ll• 99-5915 Civil
DECREE IN
DI VORCE
AND NOW, ........ /7
ry
Vic.... . ...... 19 91... , it is ordered and
SUSAN A. GRAHAM
decreed that .................................................. plaintiff,
and .....WILLIAM P. GRAHAM, III, defendant,
are divorced from the bonds of matrimony.
•s, The court retains jurisdiction of the following claims which have
•:; been raised of record in this action for which a final order has not yet
been entered;
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Attes J.
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0 Prothonotary
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WILLIAM P. GRAHAM, III, : No. 99-5415 Civil
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for entry of a divorce
decree:
Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce
Code.
2. Date and manner of service of the Complaint: September 7, 1999 by certified mail,
return receipt requested, restricted delivery. See Certificate of Service filed September 14, 1999.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: By Plaintiff on December 23, 1999; by Defendant on December 23, 1999.
4. Related claims pending: None. All economic claims are withdrawn.
5. Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: December 23, 1999.
6. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: December 23, 1999.
Respectfully sub ' d,
DATE:
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court I.D. No. 29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110
(717) 232-7200
Attorney for Plaintiff
SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
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CONSTANCL: P. BRUNT
AITOBNEY AT I.AW ..
SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III, : No. L?'9 -
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 may proceed without you and a decree of divorce or annulment
may be entered against you by the Court. Ajudgment may also be entered for any other
claim or relief requested in these papers by the Plaintiff. You may lose money or property
or other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of
the marriage, you may request marriage counseling. A list of marriage counselors is
available in the Prothonotary's Office, Cumberland County Courthouse, Carlisle, Pennsylva-
nia.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROP-
ERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELE-
PHONE 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
SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III, : No. 99 5 ?// s l?u ! 7--?
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes the above-named Plaintiff, SUSAN A. GRAHAM, by and
through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and seeks to obtain a Decree in
Divorce from the above-named Defendant, WILLIAM P. GRAHAM, III, upon the grounds
hereinafter set forth:
COUNTI
DIVORCE
1. Plaintiff is SUSAN A. GRAHAM, an adult individual residing at 10
Eastwick Lane, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is WILLIAM P. GRAHAM, III, an adult individual residing at
2308 Stumpstown Road, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3. Plaintiff and Defendant have been bona fide residents of the Common-
wealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on November 27, 1968, in
Glenside, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. The Plaintiff and Defendant are both citizens of the United States of
America.
7. The Defendant is not a member of the Armed Services of the United States.
8. The Plaintiff has been advised of the availability of marriage counseling
and understands that she may request that the Court require the parties to participate in
counseling.
9. The Plaintiff avers that the grounds on which the action is based are that the
marriage is irretrievably broken.
10. Plaintiff requests the Court to enter a Decree in Divorce.
COUNT 11
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL
PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE
11. Paragraphs 1 through 7 inclusive of Count I are specifically incorporated
by reference as though fully set forth hereinafter.
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12. Plaintiff and Defendant have individually orjointly acquired real and personal
property during the marriage, in which they individually or jointly have a legal or equitable
interest, which marital property is subject to equitable distribution.
13. Plaintiff requests the Court to determine and equitably distribute, divide or
assign said marital property, pursuant to Section 3502(a) of the Divorce Code.
COUNT III
REQUEST FOR ALIMONY PENDENTE LITE COUNSEL FEES
COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE
14. Paragraphs 1 through 7 inclusive of Count I are specifically incorporated
by reference as though fully set forth hereinafter.
15. Plaintiff is without sufficient assets and income to support herself and to pay
her attorney's fees and the costs and expenses of this action.
16. Defendant has sufficient earning capacity to support the Plaintiff and to
pay the Plaintiffs attorney's fees and the costs and expenses of this action.
17. Plaintiff requests the Court to order the Defendant to support the Plaintiff
during the pendency of this action and to pay Plaintiffs counsel fees, expenses and the costs
of this action, pursuant to Section 3702 of the Divorce Code.
A
COUNT IV
REQUEST FOR ALIMONY UNDER
SECTION 3701 OF THE DIVORCE CODE
18. Paragraphs I through 7 inclusive of Count I are specifically incorporated
by reference as though fully set forth hereinafter.
19. Plaintiff lacks sufficient property to provide for her reasonable needs.
20. Plaintiff is unable to sufficiently support herself through appropriate
employment.
21. Defendant has sufficient property, assets, and income to provide continu-
ing support for the Plaintiff.
22. Plaintiff requests the Court to order the Defendant to pay alimony to
Plaintiff pursuant to Section 3701 of the Divorce Code.
WHEREFORE, Plaintiff prays that your Honorable Court enter a Decree as
follows:
(a.) dissolving the marriage between the parties;
(b.) equitably distributing, dividing or assigning the marital property of the
parties;
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(c.) ordering Defendant to pay alimony endente In counsel fees, ex-
penses and costs of this action to Plaintiff,
(d.) ordering Defendant to pay alimony to Plaintiff; and
(e.) granting such other further relief as the Court deems appropriate.
Respectfully submitted,
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court I.D. #29933
2941 North Front Street
Harrisburg, Pennsylvania 17110
(717) 232-7200
Attorney for Plaintiff
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VERIFICATION
I verify that the statements made in the foregoing Complaint In Divorce are true and
correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904, relating to unswom falsification to authorities.
DATED: C/17?ff Cpa., i?
SUSAN A. GRAHAM, Plaintiff
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SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III, :No. 99-5415 Civil
Defendant
: IN DIVORCE
CERTIFICATE OF SERVICE
I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that:
1. On September 3, 1999, a Complaint In Divorce, properly endorsed with a
Notice To Defend And Claim Rights, was filed on behalf of Plaintiff and against Defendant
in the above matter.
2. On September 7, 1999, I forwarded, by certified mail, return receipt requested,
restricted delivery, a certified copy of the Complaint In Divorce, properly endorsed with a
Notice To Defend And Claim Rights, to Defendant, WILLIAM P, GRAHAM, III, addressed
to 2308 Stumpstown Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, as
evidenced by the sender's receipt attached hereto.
3. The aforesaid certified copy of the Complaint In Divorce, properly endorsed
with a Notice To Defend And Claim Rights, sent to the Defendant, WILLIAM P.
GRAHAM, III, was delivered on September 10, 1999, as evidenced by the return receipt
card signed by the Defendant and attached hereto.
4. To the best of my information and belief, the signature on Part 5 of the return
receipt card is, in fact, the signature of the Defendant, WILLIAM P. GRAHAM, III.
DATE: 4/!CONSTANCE P. BRUNT, ESQUIRE
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Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail (Sea reversal
Sent to
William P. Graham I
Street Q Number
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Mechanics e
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Postage $ .33
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Restricted Delivery Fee 2.75
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TOTAL Postage 8 Fees $ 5.73
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June 11, 1999
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items 3. 4a. and 4b. following services for an
name and address on the reverse of this form so that we can return this extra fee):
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SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III, :No. 99-5415 Civil
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
September 3, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. 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. §4904 relating to unswom
falsification to authorities.
DATE: -a A 9Y it /mod.-/! ?-•
SUSAN A. GRAHAM, Plaintiff
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SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III, : No. 99-5415 Civil
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(C) OF THE DIVORCE CODE
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.
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. §4904 relating to unswom
falsification to authorities.
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DATE: V2- ,7
SUSAN A. GRAHAM, Plaintiff
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SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III, :No. 99-5415 Civil
Defendant
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301tC1 OF THE DIVORCE CODE
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. §4904 relating to unswom
falsification to authorities.
DATE: _ -"5 << LztV, tc - ?? Lt, la -?
WILLIAM P. GRAHAM, III, Defendant
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SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III, :No. 99-5415 Civil
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
September 3, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. 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. §4904 relating to unswom
falsification to auth° :ties.
DATE: /?j
WILLIAM P. GRAHAM, III, Defendant
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WILLIAM P. GRAHAM, III, :No. 99-5415 Civil
Defendant
TO CURTIS R. LONG, PROTHONOTARY:
CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE
Please mark as withdrawn and discontinued the Plaintiffs claims for equitable distribution,
alimony endente lite, counsel fees, costs and expenses, and alimony as set forth in Counts II, III,
and IV of Plaintiffs Complaint filed herein on September 3, 1999.
DATED: L19
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court I.D. #29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110
(717) 232-7200
Attorney for Plaintiff
SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
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SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III, :No. 99-5415 Civil
Defendant
: IN DIVORCE
ORDER OF COURT
AND NOW, this o g "fday of ° t 1 1999upon agreement of the
parties, the hearing on Plaintiffs Petition For Special Relief In The Form Of An Injunction
Preventing Removal, Disposition, Encumbrance Or Alienation OF Property And For Insurance
Protection Pursuant To 23 Pa. C.S. §§3323(1), 3502(d), And 3505(a) And Pa. R.C.P.
1920.43(a), scheduled for Monday, November 29, 1999, at 10:30 a.m., is hereby continued
generally. The said hearing shall be rescheduled upon the request of either party.
BY THE COURT:
6/'
KEV A. HESS, J.
Constance P. Brunt, Esquire
For the Petitioner
Samuel L. Andes, Esquire
For the Respondent
William P. Graham, III
Respondent
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CONSTANCE P. BRUNT P 2 9 199
ATTORNEY AT LAW \,
SUSAN A. GRAHAM, IN THE COURT OF COMMON PLEAS OF
Plaintiff(Pctitioncr CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - DIVORCE
N0. 99 - 5415 CIVIL TERM
WILLIAM P. GRAHAM, III, IN DIVORCE
DefendanURespondcru DR# 29,065
Pacscs# 184101588
ORDER OF COURT
AND NOW, this 8"' day of November. 1999, upon consideration of the attached Petition for
Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective
counsel appear before R.J. Shaddav on December 7. 1999 at 9:00 A.M. for a conference, at 13 N. Hanover
St., Carlisle. PA 17013, after which the conference officer may recommend that an Order for Alimony
Pendentc Lite be entered.
YOU are further ordered to bring to the conference:
(1) a true copy of your most recent Federal Income Tax Return. including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rule
1910.11(t"
(4) verification of child care expenses
(5) proof of medical coverage which you may have, or may have available to you
IF you fail to appear for the conference or bring the required documents, the Court may issue a
warrant for your arrest.
BY THE COURT.
George E. Hotta. President Judge
Mail copies on Petitioner
II-8-99 to: < Respondent
Constance Brunt. Esquire
Samuel Andes. Esquire i
Dade of Order: -November 8. 1999 ! T
R. J. raddey. Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO
OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
)T
SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III, : No. CN- 54/.S /r ?IVI l
Defendant
IN DIVORCE
PETITION FOR ALIMONY PENDENTE LITE
AND NOW, comes the Petitioner, SUSAN A. GRAHAM, by and through her
attorney, CONSTANCE P. BRUNT, ESQUIRE, and files the following Petition For
Alimony Pendent Lite:
1. Plaintiff/Petitioner, SUSAN A. GRAHAM, SSN #209-34-1671, DOB:
3/25/46, is an adult individual currently residing at 10 Eastwick Lane, Carlisle, Cumberland
County, Pennsylvania, and is the Plaintiff in the above-captioned divorce action.
2. The Defendant/Respondent, WILLIAM P. GRAHAM, III, SSN #210-26-
5648, DOB: 4/30/34, is an adult individual residing at 2308 Stumpstown Road,
Mechanicsburg, Cumberland County, Pennsylvania, and is the Defendant in the above-
captioned divorce action.
3. Simultaneously with the filing of this Petition, the Plaintiff/Petitioner filed a
Complaint in Divorce in the above matter, in which she raised a claim for Alimony Pendente
Lite in Count 111.
4. The Plaintiff/Petitioner operates a small company known as Graham
Communications, Inc., at an annual gross profit of approximately $29,000.
5. Defendant/Respondent is a plastic surgeon who serves as a Professor of the
Division of Plastic Surgery at the Hershey Medical Center, as well as being a partner in a
private practice, from which he eams approximately $420,000.00 gross annually.
6. Plaintiff/Petitioner is unable to provide and maintain the standard of living
to which she was accustomed prior to the separation of the parties and is in need of Alimony
Pendente Lite to support herself and to adequately protect her rights and interests in the
pending divorce action.
7. Defendant/Respondent has sufficient assets and income to provide
continuing support to Plaintiff/Petitioner.
WHEREFORE, Plaintiff/Petitioner prays this Honorable Court to enter an Order
directing Defendant/Respondent to pay Alimony Pendente Lite to Plaintiff/Petitioner in
accordance with the guidelines set forth in the Rules of Civil Procedure.
Respectfully submitted,
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court I. D. No. 29933
2941 North Front Street
Harrisburg, PA 17110
(717) 232-7200
Attorney for Plaintiff/Petitioner
VERIFICATION
I verify that the statements made in the foregoing Petition For Alimony Pendente Lite
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.
DATED:
SUSAN A. GRAHAM, Plaintiff/Petitioner
SUSAN A. GRAHAM, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
99-5415 CIVIL
WILLIAM P. GRAHAM, III, :
Defendant IN DIVORCE
IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this 2 z':j day of November, 1999, hearing in the above captioned
matter set for October 21, 1999, is continued to Monday, November 29, 1999, at 10:30 a.m. in
Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
Constance P. Brunt, Esquire
For the Petitioner
Samuel L. Andes, Esquire
For the Respondent
William P. Graham, III
Respondent
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SUSAN A. GRAHAM,
Plaintiff
Vs.
WILLIAM P. GRAHAM, III,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
99-5415 CIVIL
IN DIVORCE
IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this ,2 day of September, 1999, a rule is hereby issued upon the
defendant, William P. Graham, III, to show cause, if any he has, why the relief requested therein
should not be granted. This rule returnable at a hearing to be held on October 21, 1999, at 3:00
p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA.
BY THE COURT,
Constance P. Brunt, Esquire
For the Petitioner
Samuel L. Andes, Esquire
For the Respondent
William P. Graham, III
Respondent
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CONSTANCY P. BRUNT
r11'I URNIil' 1T LAW
?yf.l? a '1 i999?
SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III, :No. 99-5415 Civil
Defendant
: IN DIVORCE
ORDER OF COURT
AND NOW, this day of 1999, upon consideration of the
Plaintiffs Petition For Special Relief, filed herein,
A RULE IS HEREBY ISSUED upon Defendant, WILLIAM P. GRAHAM, III, to
show cause, if any he has, why the relief requested therein should not be granted.
RULE RETURNABLE at a hearing to be held at o'clock .m. on
1999, in Courtroom No. _, Cumberland County Courthouse.
IT IS FURTHER ORDERED AND DECREED that a preliminary injunction is
issued, enjoining and prohibiting Defendant, WILLIAM P. GRAHAM, III, from
transferring, conveying, selling, secreting, encumbering, or dissipating in any fashion any
assets of any nature and however titled, including, without limitation, all bank accounts,
brokerage accounts, stocks, certificates of deposit, Individual Retirement Accounts, life
insurance policies, annuities, deferred compensation accounts, or retirement plans of any
nature, real estate or personal property, and from making any withdrawals against the home
equity line of credit with Allfirst, pending further Order Of Court.
BY THE COURT:
J.
SUSAN A. GRAHAM, : IN THE. COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
WILLIAM P. GRAHAM, 111,
Defendant
CIVIL ACTION - LAW
:No. 99-5415 Civil
IN DIVORCE
PLAINTIFF'S PETITION FOR P IAL RELIEF
IN THE FORM OF AN IN t NCTION PREVENTING REMOVAL,
DISPOSITION. EN IM HZAN .E. OR ALIENATION OF PROPERTY
AND FOR INSURANCE PROTECTION PURSUANT TO
231%C,S...W323(fi 3502(4) AND 3505(x)
AND Pn, R.C.P. 1920,43(a)
AND NOW, comes the Plaintiff; SUSAN A. GRAHAM, by and through her
attorney, CONSTANCE 1'. 1110INT. FS01111W, and petitions this Honorable Court as
follows:
I'he above-captioned action in divorce was instituted by
Plaintiff/Petitioner, StISAN A. (ilZAI IAM, on September 3, 1999, by the filing ofa
Complaint In Divorce, which included, i= a ia, claims for equitable distribution of marital
property, alimony, alinwny 1}ylldcni JAW, counsel fees, costs and expenses.
2. The parties have been married for more than thirty (30) years and are the
parents of two adult daughters.
3. Throughout the course of the marriage, the parties have accumulated
various bank accounts, investment accounts, life insurance policies having cash value,
annuities, Individual Retirement Accounts, real estate, personal property, stocks and bonds,
all having n value in excess of $5 million.
4. The vast majority of the marital assets of the parties are owned in the
individual name of Defendant, WILLIAM P. GRAHAM, III, or are under his exclusive
control.
5. Close to $4 million of the said assets are in the form of Individual
Retirement Accounts, life insurance policies, an annuity, and deferred compensation
accounts, or retirement accounts in Defendant's name, which would be distributed in the
event of Defendant's death according to beneficiary designations and not as part of his
probate estate.
6. Another approximately $200,000 of such marital assets are in the form of
publicly-traded stocks and bonds, owned by Defendant, WILLIAM P. GRAHAM, III, in his
individual name, which are readily transferrable.
7. Based on various statements made by Defendant to Plaintiff, the Plaintiff
believes and therefore avers that it is Defendant's intent to liquidate at least a portion of the
marital assets of the parties and to divert the proceeds to his own individual use.
8. Plaintiff seeks the entry of an Order Of Court, pursuant to §3323(I) and
§3505(a) of the Divorce Code, 23 Pa. C.S. §§33230 and 3505(a), and Pa. R.C.P. 1920.43(a)
enjoining and prohibiting Defendant, WILLIAM P. GRAHAM, III, from transferring,
selling, encumbering or dissipating in any fashion any assets of any nature and however
titled and directing that all existing assets be preserved pending final resolution of all
economic claims in this matter.
9. Plaintiff also seeks the entry of an Order Of Court specifically enjoining
and prohibiting Defendant, WILLIAM P. GRAHAM, III, from making any withdrawals
from, transferring, conveying, encumbering or dissipating in any fashion any Individual
Retirement Accounts, annuities, deferred compensation accounts or retirement accounts of
any nature in his name, except upon agreement of the parties or further Order Of Court.
10. The parties are joint obligors on a home equity line of credit with Allfirst,
which is secured by a mortgage on their marital home.
11. Plaintiff fears that Defendant may make additional withdrawals against
the said line of credit for his own use, which would increase the lien against the marital
residence and would decrease the net equity value of that marital asset, as well as increasing
the amount for which Plaintiff would be personally liable.
12. Plaintiff seeks the entry of an Order Of Court enjoining and prohibiting
any further withdrawals against the said line of credit, except upon agreement of the parties
or Order Of Court.
13. In order to avoid permanent and irreparable prejudice to the Plaintiff's
rights of equitable distribution and claims for payment of spousal support and/or alimony
pendente lite, alimony, counsel fees, costs and expenses, Plaintiff believes and therefore
avers that it is imperative that this Honorable Court enter an immediate Temporary Order
enjoining and prohibiting Defendant from transferring, conveying, selling, encumbering or
dissipating in any fashion any assets of any nature and however titled and from making any
withdrawals against the Allfirst line of credit, until such time as a hearing can be held on this
matter.
14. Defendant, WILLIAM P. GRAHAM, III, is currently sixty-five(65)
years of age, being considerably older than the Plaintiff, who is fifty-three (53) years of age.
15. Defendant has been experiencing some significant medical problems,
including a recent neurological surgery, causing the Plaintiff to be concerned about the
possibility that he might predecease the final resolution of the economic claims in this
matter.
16. In the event that the Defendant would die prior to the final resolution of
the economic claims in this matter, the divorce action would abate, and Plaintiff would be
limited to her claims in intestacy or her right to elect to take against the Defendant's Will
under the Probate, Estates And Fiduciaries Code with respect to Defendant's probate estate
only.
17. Because the majority of the marital assets held in Defendant's name
individually are in forms which would not be part of a probate estate, their disposition would
be controlled by beneficiary designation, and Plaintiff would be left without sufficient
income or assets under her control to meet her reasonable needs.
18. The Defendant has always been the significant wage earner of the
parties, earning over $400,000 in gross income in 1998 as a plastic and reconstructive
surgeon, compared to the Plaintiffs earnings of approximately $29,000 from her part-time
public relations business.
19. Pursuant to 23 Pa. C.S. §3502(d), Plaintiff requests that the Court enter
an Order directing Defendant to maintain all insurance policies on his life which existed at
the date of the parties' separation, paying all necessary premiums thereon as due and
designating Plaintiff as the primary beneficiary of said policies, pending final resolution of
the economic claims of the parties.
20. Plaintiff also requests that the Court enter an Order directing Defendant
to designate and maintain Plaintiff as the primary survivor beneficiary on any Individual
Retirement Accounts, annuities, deferred compensation accounts or retirement accounts of
any nature, pending final resolution of the economic claims of the parties.
21. Throughout the marriage of the parties, the Plaintiff has had the benefit
of medical insurance as a dependent through Defendant's medical insurance coverage.
22. The Plaintiff does not have access to any other medical insurance
coverage at a reasonable cost.
23. Pursuant to 23 Pa. C.S. §3502(d), Plaintiff requests that the Court enter an
Order directing Defendant to provide medical insurance coverage for the benefit of the
Plaintiff, pending final resolution of the economic claims of the parties.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter
an Order issuing a rule upon Defendant, WILLIAM P. GRAHAM, III, to show cause, if any
he has, why the relief requested herein should not be granted. Further, Plaintiff requests the
immediate entry of an Order temporarily enjoining and prohibiting Defendant, pending
hearing, from transferring, conveying, selling, secreting, encumbering, or dissipating in any
fashion any assets of any nature and however titled, including, without limitation, all bank
accounts, brokerage accounts, stocks, certificates of deposit, life insurance policies,
annuities, Individual Retirement Accounts, deferred compensation or retirement accounts of
any nature, real estate or personal property, and from making any withdrawals against the
home equity line of credit with Allfirst. Plaintiff also seeks the entry of an Order of Court
following hearing providing as follows:
A. Enjoining and prohibiting Defendant from transferring, conveying,
selling, secreting, encumbering, or dissipating in any fashion any assets
of any nature and however titled, including, without limitation, all bank
accounts, brokerage accounts, stocks, certificates of deposit, life
insurance policies, annuities, Individual Retirement Accounts, deferred
compensation or retirement accounts of any nature, real estate or
personal property, pending further Order Of Court;
B. Enjoining and prohibiting Defendant, WILLIAM P. GRAHAM, III,
from making any withdrawals from or transferring, conveying,
encumbering or dissipating in any fashion any Individual Retirement
Accounts, annuities, deferred compensation accounts or retirement
accounts of any nature in his name, except upon agreement of the
parties or further Order Of Court;
C. Enjoining and prohibiting any further withdrawals against the home
equity line of credit with Alifirst, except upon agreement of the parties
or further Order Of Court;
D. Directing Defendant to maintain all insurance policies on his life which
were in existence at the date of the parties' separation, paying all
necessary premiums thereon as due, and prohibiting and enjoining
Defendant from taking any loans from said policies or in any way
encumbering the proceeds of said policies, pending further Order Of
Court;
E. Directing Defendant to designate and maintain Plaintiff as the primary
beneficiary of any life insurance policies insuring his life;
Directing Defendant to designate and maintain Plaintiff as the sole
primary survivor beneficiary of all Individual Retirement Accounts,
annuities, deferred compensation accounts or retirement accounts of
any nature as he may have, pending final resolution of the economic
claims of the parties; and
G. Directing Defendant to maintain medical insurance coverage equivalent
to the coverage maintained by the parties during their marriage for the
benefit of the Plaintiff, pending final resolution of the economic claims
of the parties.
Respectfully submitted,
oi2T
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court ID #29933
2941 North Front Street
Harrisburg, PA 17110
(717)232-7200
Attorney for Plaintiff/Petitioner
VERIFICATION
I verify that the statements made in the foregoing Plaintiff's Petition For Special
Relief In The Form Of An Injunction In The Form Of An Injunction Preventing Removal,
Disposition, Encumbrance Or Alienation Of Property And For Insurance Protection
Pursuant To 23 Pa. C.S. §§3323(f), 3502(d) And 3505(a) And Pa. R.C.P. 1920.43(a) are true
and correct. I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904, relating to unswom falsification to authorities.
DATED: 9117??i
SUSAN A. GRAHAM, Plaintiff/Petitioner
CERTIFICATE OF SERVICE
I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the
day of en,? 1999, I served a true and correct copy of the Plaintiff's
Petition For Special Relief In The Form Of An Injunction In The Form Of An Injunction
Preventing Removal, Disposition, Encumbrance Or Alienation Of Property And For
Insurance Protection Pursuant To 23 Pa. C.S. §§3323(0,3502(d) And 3505(a) And Pa.
R.C.P. 1920.43(a) by depositing same in the United States Mail, first class postage prepaid,
in the Post Office at Harrisburg, Pennsylvania, addressed as follows:
WILLIAM P. GRAHAM, III, M.D.
2308 Stumpstown Road
Mechanicsburg, PA 17055
Defendant
Courtesy copy also sent to:
SAMUEL L. ANDES, ESQUIRE
525 North Twelfth Street
Lemoyne, PA 17043
i
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court I.D. #29933
2941 North Front Street
Harrisburg, PA 17110
(717) 232-7200
Attorney for Plaintiff/Petitioner
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SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III,
Defendant
:No. 99-5415 Civil
IN DIVORCE
ORDER OF COURT
AND NOW, this 2 V day of ..L 1971 , it is hereby ORDERED and
DECREED as follows:
1. The parties hereto were formerly husband and wife, having been divorced by Final
Decree of this Court, docketed to the above-captioned term and number.
2. WILLIAM R. GRAHAM, III (Social Security No. 210-26-5648), hereinafter
referred to as "Husband", resides at 2308 Stumpstown Road, Mechanicsburg, Pennsylvania 17055.
3. SUSAN A. GRAHAM (Social Security No. 209-34-1671), hereinafter referred to as
"Wife", resides at Versailles, 313, 1530 Locust Street, Philadelphia, Pennsylvania 19102.
4. Husband is the owner of an Individual Retirement Account, No. 044-R-24678 with
Prudential Securities, which is marital property subject to equitable distribution in this action,
pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S. §3101 et. seq.
5. The entire balance of the said Individual Retirement Account is hereby awarded to
Wife as a portion of her equitable distribution of marital assets. The said balance shall be
distributed to Wife by transfer to an Individual Retirement Account in her name with Prudential
Securities, Account No. 044-R-12246 or to such other Individual Retirement Account as she may
direct as soon as practicable hereafter. Wife shall be solely responsible for payment of any taxes or
penalties assessed with regard to any withdrawals made subsequent to the date of this Order from
the said Individual Retirement Account or any Individual Retirement Account in her name into
which these funds are transferred.
6. Husband shall cooperate in any necessary respect to facilitate the distribution of the
said Individual Retirement Account to Wife as soon as administratively practicable following the
entry of this Order.
7. The death of Husband prior to the distribution and transfer of the said Individual
Retirement Account to Wife as set forth above shall not alter Wife's rights hereunder to receive
transfer of the said distribution.
IT IS FURTHER ORDERED that a true copy of this Order, as entered, shall be served
upon Prudential Securities or any other entity necessary to effectuate its terms and shall remain in
full force and effect until further Order of this Court. This Court shall retain jurisdiction to modify
this Order, if necessary or appropriate, in order to accomplish the distribution to Wife of the entire
balance of said account as soon as practicable.
BY THE COURT:
Consented to:
SUSAN A. GRAHAM
DATED: / 2/2- yf 9
WILLIAM P. GRAHAM, III
DATED: //L3 /
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SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III, :No. 99-5415 Civil
Defendant
: IN DIVORCE
MOTION FOR ENTRY OF STIPULATED ORDER
FOR DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNT
AND NOW, come the above-captioned parties and their respective counsel of
record and move this Honorable Court as follows:
1. The above-captioned action in divorce was instituted by the filing of a
Complaint in Divorce on September 3, 1999.
2. On December 23, 1999, the parties executed a Marital Settlement
Agreement, pursuant to which they resolved all of their various economic claims against
one another arising from their marriage, including, without limitation, equitable
distribution of marital property.
3. In the aforesaid Agreement, the parties agreed to the equitable distribution
of Defendant's Individual Retirement Account with Prudential Securities, and agreed to
cooperate in the entry of an Order directing the distribution of the entire balance of the
said Individual Retirement Account to Plaintiff by way of tax-free rollover to her
Individual Retirement Account.
4. Attached hereto is a proposed Order applicable to the said Prudential
Individual Retirement Account, which has been signed and consented to by both parties.
WHEREFORE, the parties and their respective counsel of record respectfully
move this Honorable Court to enter an Order in the proposed form attached hereto,
making distribution of the Defendant's Prudential Individual Retirement Account as set
forth therein.
Respectfully submitted,
DATED: / L/LI/f 9 2-a?
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court I.D. #29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-7200
Attorney for Plaintiff
DATED: 23 ?ec_ ct9
SAMUEL L. ANDES, ESQUIRE
525 North Twelfth Street
Lemoyne, PA 17043
Attorney for Defendant
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SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III,
Defendant
:No. 99-5415 Civil
IN DIVORCE
ORDER OF COURT
AND NOW, this 27' day of J,,,.,,, 4., , 1191 , it is hereby ORDERED and
DECREED as follows:
The parties hereto were formerly husband and wife, having been divorced by Final
Decree of this Court, docketed to the above-captioned term and number.
2. WILLIAM R. GRAHAM, III (Social Security No. 210-26-5648), hereinafter
referred to as "Husband", resides at 2308 Stumpstown Road, Mechanicsburg, Pennsylvania 17055.
3. SUSAN A. GRAHAM (Social Security No. 209-34-1671), hereinafter referred to as
"Wife", resides at Versailles, 313, 1530 Locust Street, Philadelphia, Pennsylvania 19102.
4. Husband is the owner of an Individual Retirement Account, No. 14 00 0987 017
with Orrstown Bank, which is marital property subject to equitable distribution in this action,
pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S. §3101 et. seq.
5. The entire balance of the said Individual Retirement Account is hereby awarded to
Wife as a portion of her equitable distribution of marital assets. The said balance shall be
distributed to Wife by transfer to an Individual Retirement Account in her name with such Trustee
as she may direct as soon as practicable hereafter. Wife shall be solely responsible for payment of
any taxes or penalties assessed with regard to any withdrawals made subsequent to the date of this
Order from the said Individual Retirement Account or any Individual Retirement Account in her
name into which these funds are transferred.
6. Husband shall cooperate in any necessary respect to facilitate the distribution of the
said Individual Retirement Account to Wife as soon as administratively practicable following the
entry of this Order.
The death of Husband prior to the distribution and transfer of the said Individual
Retirement Account to Wife as set forth above shall not alter Wife's rights hereunder to receive
transfer of the said distribution.
IT IS FURTHER ORDERED that a true copy of this Order, as entered, shall be served
upon Orrstown Bank or any other entity necessary to effectuate its terms and shall remain in full
force and effect until further Order of this Court. This Court shall retain jurisdiction to modify this
Order, if necessary or appropriate, in order to accomplish the distribution to Wife of the entire
balance of said account as soon as practicable.
BY THE COURT:
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Consented to:
SUSAN A. GRAHAM
DATED: / Z / Z 3 / 7
WILLIAM P. GRAHAM, III
DATED:
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SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III, : No. 99-5415 Civil
Defendant
IN DIVORCE
MOTION FOR ENTRY OF STIPULATED ORDER
FOR DISTRIBUTION OF INDIVIDUAL RETIREMENT ACCOUNT
AND NOW, come the above-captioned parties and their respective counsel of
record and move this Honorable Court as follows:
The above-captioned action in divorce was instituted by the filing of a
Complaint in Divorce on September 3, 1999.
2. On December 23, 1999, the parties executed a Marital Settlement
Agreement, pursuant to which they resolved all of their various economic claims against
one another arising from their marriage, including, without limitation, equitable
distribution of marital property.
3. In the aforesaid Agreement, the parties agreed to the equitable distribution
of Defendant's Individual Retirement Account with Orrstown Bank, and agreed to
cooperate in the entry of an Order directing the distribution of the entire balance of the
said Individual Retirement Account to Plaintiff by way of tax-free rollover to her
Individual Retirement Account.
4. Attached hereto is a proposed Order applicable to the said Orrstown Bank
Individual Retirement Account, which has been signed and consented to by both parties.
WHEREFORE, the parties and their respective counsel of record respectfully
move this Honorable Court to enter an Order in the proposed form attached hereto,
making distribution of the Defendant's Orrstown Bank Individual Retirement Account as
set forth therein.
Respectfully submitted,
DATED: ?13?Qp /4„ L?&
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court I.D. #29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-7200
Attorney for Plaintiff ,;? , s4u
DATED: 2,S Zeee„.,(ba., Icjorl.
SA EL L. NDES, ESQUIRE
525 North Twelfth Street
Lemoyne, PA 17043
Attorney for Defendant
In the Court of Common Pleas of CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
SUSAN A. GRAHAM ) Docket Number 99-5415 CIVIL
Plaintiff )
VS. ) PACSES Case Number 184101588 /29,065
WILLIAM P. GRAHAM III )
Defendant ) Other State ID Number
Order
AND NOW to wit, this JANUARY 19, 2000 it is hereby Ordered
that:
THE ABOVE CAPTIONED PETITION FOR ALIMONY PENDENTE LITE IS DISMISSED, PURSUANT
TO THE FINAL DECREE IN DIVORCE OF DECEMBER 27, 1999.
BY THE COURT:
DRO: RJ 8hadday
xc: plaintiff
defendant
Constance Brunt, Esq.
Samuel Andes, Esq.
Service Type M
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Kevin A Hess JUDGE
Form 0E-001
Worker ID 21005
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SUSAN A. GRAHAM,
Plaintiff
V.
WILLIAM P. GRAHAM, III,
Defendant
: IN DIVORCE
NOTICE OF ELECTION TO RETAKE FORMER NAME
Notice is hereby given that the Plaintiff in the above matter, SUSAN A. GRAHAM, having
been granted a Final Decree in divorce from the bonds of matrimony on the 27th day of December,
1999, hereby elects to retake and hereafter use her previous name of SUSAN A. FOX.
To Be Known As: SUSAN A. FOX
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:No. 99-5415 Civil
091-
SUSAN A. GRAHAM
SUS A. FOX
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On theIL!5day of 2000, before me, a Notary Public, personally appeared SUSAN
A. GRAHAM, 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 Not
rial Seal.
N a
otarial seat
Constance P &unl. Notary Public
Harrisburg. Dauphin county
My Commission Expires Oct. 20. 2001 Notary Public
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CONSTANCE P. BRUNT
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SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, 111, :No. 99-5415 Civil
Defendant
: IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this b 7 day of Aye„/, 2000, it is hereby ORDERED
and DECREED as follows:
The parties hereto were formerly husband and wife, having been
divorced by Final Decree of this Court dated December 27, 1999, docketed to the above-
captioned term and number.
2. WILLIAM P. GRAHAM, III (Social Security No. 210-26-5648),
hereinafter referred to as "Participant", resides at 309 AI-Pat Drive, Dillsburg, Pennsylvania
17019.
3. SUSAN A. FOX, formerly known as Susan A. Graham, (Social
Security No. 209-34-1671), hereinafter referred to as "Alternate Payee", resides at Versailles
313, 1530 Locust Street, Philadelphia, Pennsylvania 19102.
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4. Participant is the owner and annuitant of an annuity contract with The
Equitable, Contract No. 072 961 793, hereinafter referred to as "the annuity contract", which
is a tax-sheltered annuity retirement plan qualified under §403(b) of the Internal Revenue
Code of 1986, as amended (hereinafter "the Code"). The plan administrator of the tax-
sheltered annuity retirement plan is The Equitable Life Assurance Society.
5. There are no other alternate payees under a previously existing
Qualified Domestic Relations Order.
6. An annuity contract is maintained in the name of the Participant under
the terms of the tax-sheltered annuity retirement plan to which premiums and earnings
attributable to the investment of such premiums have been credited.
The Participant's annuity contract under the tax-sheltered annuity
retirement plan is marital property subject to equitable distribution by this Court pursuant to
the Pennsylvania Divorce Code, 23 Pa. C.S. §3101 et seq.
The entire balance of the Participant's annuity contract is hereby
awarded to the Alternate Payee as a portion of her equitable distribution of marital assets.
9. The Plan Administrator is hereby directed to pay the entire balance of
the Participant's annuity contract to the Alternate Payee in a single, lump sum payment as
soon as administratively practicable following the receipt by the Plan Administrator of a
certified copy of this Order and the determination by the Plan Administrator that this Order
constitutes a Qualified Domestic Relations Order, such distribution to be made by rollover to
such Individual Retirement Account in Wife's name as she shall direct.
10. In the event of the death of the Alternate Payee prior to payment of the
entire balance of the annuity contract to the Alternate Payee, the said sum shall be paid by
the Plan Administrator to the Alternate Payee's Estate.
11. The death of the Participant prior to the distribution to the Alternate
Payee as set forth above shall not alter the Alternate Payee's rights hereunder to receive
payment of the said distribution.
IT IS FURTHER ORDERED that a true copy of this Order, as entered, shall be
served upon the Plan Administrator and shall remain in effect until further Order of this
Court. It is the intention of the parties to this action and of this Court that this Order
constitute a Qualified Domestic Relations Order as such term is defined in §414(p) of the
Internal Revenue Code of 1986, as amended, and that it be interpreted and administered in a
manner consistent with the requirements of ERISA and the Code. This Court shall retain
jurisdiction to modify this Order, if necessary or appropriate, in order for it to consititute
such a Qualified Domestic Relations Order under ERISA and the Code.
BY THE COURT:
Consented to:
4
SUSAN A. FOX, formerly known
as Susan A. Graham, Plaintiff and
Alternate Payee
DATED: .*lej0
WILLIAM P. GRAHAM, III,
Defendant and Participant
.40 -0
C ? / ,P
DATED: J/ -Ye-u
SUSAN A. GRAHAM, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
WILLIAM P. GRAHAM, III, :No. 99-5415 Civil
Defendant
: IN DIVORCE
MOTION FOR ENTRY OF
STIPULATED DOMESTIC RELATIONS ORDER
AND NOW comes the Plaintiff, SUSAN A. FOX, formerly known as SUSAN
A. GRAHAM, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and
moves this Honorable Court as follows:
The parties to this action were divorced by Decree of this Honorable Court
dated December 27, 1999.
2. On December 23, 1999, the parties executed a Marital Settlement Agreement,
pursuant to which they resolved all of their various economic claims against one another
arising from their marriage, including, without limitation, equitable distribution of marital
property.
3. In the aforesaid Agreement, the parties agreed to the equitable distribution of
Defendant's Equitable tax-sheltered Annuity Contract No. 072 961293, and agreed to
cooperate in the entry of a Domestic Relations Order directing the distribution of the
retirement plan.
4. Attached hereto is a proposed Domestic Relations Order applicable to the
said Equitable tax-sheltered Annuity, which has been signed and consented to by both
parties.
5. The said proposed Domestic Relations Order has also been submitted to
Equitable for preliminary approval of its language.
WHEREFORE, Defendant respectfully moves this Honorable Court to enter an
Order in the proposed form attached hereto making distribution of the Defendant's
Equitable tax-sheltered Annuity as set forth therein.
Respectfully submitted,
/4 ?DATED: X/ oo ?t
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court I.D. #29933
Beaufort Professional Center
1820 Linglestown Road
Harrisburg, PA 17110-3339
(717) 232-7200
Attorney for Plaintiff
CERTIFICATE OF SERVICE
I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the
day of 2000, I served a true and correct copy of the Motion For
Entry Of Stipulated Domestic Relations Order by depositing same in the United States Mail,
first class postage prepaid, in the Post Office at Harrisburg, Pennsylvania, addressed as
follows:
SAMUEL L. ANDES, ESQUIRE
525 North Twelfth Street
Lemoyne, PA 17043
CONSTANCE P. BRUNT, ESQUIRE
Supreme Court I.D. #29933
2941 North Front Street
Harrisburg, PA 17110
(717) 232-7200
Attorney for Plaintiff