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HomeMy WebLinkAbout07-3289JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32ND Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. 6 7 - 3 a-`a-cl : CIVIL ACTION -LAW : 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. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorney for Plaintiff SANELA KAPULAR, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. IVAN KAPULAR, CIVIL ACTION -LAW Defendant IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS LISTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambien ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 Joanne Harrison Clough, Esquire Attorney ID No.: 36461 24 N. 32"d Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff SANELA KAPULAR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. IVAN KAPULAR, Defendant NO. 67.3.7 R9 : CIVIL ACTION -LAW : IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE UNDER SECTION 3301(A) or (C) OF THE DIVORCE CODE 1. Plaintiff is Sanela Kapular, an adult individual who currently resides at 712 Manor Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Ivan Kapular, an adult individual who was last residing at 712 Manor Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 5, 1996 in Bosnia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are two children of this marriage under the age of eighteen years, namely Josip Kapular born on 09-19-1996 age 10, and Filip Kapular, born on 11- 21-1998, age 8. 8. The Plaintiff avers that the grounds on which the action is based are as follows: (a) That Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiffs condition burdensome and life intolerable; and/or (b) The marriage is irretrievably broken; 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(a) or (c) of the Divorce Code. COUNTI EQUITABLE DISTRIBUTION 11. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 13. The parties have acquired marital debt during their marriage. 14. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. COUNT II ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 15. The averments contained in Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. By reason of this action, Plaintiff Sanela Kapular has incurred considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 17. The Plaintiff Sanela Kapular is without sufficient funds to support herself and to meet the costs and expenses of this litigation. 18. Plaintiff Sanela Kapular's income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation and she is unable to appropriately maintain herself during the pendency of this action. 18. Defendant Ivan Kapular has adequate earnings to provide for the Plaintiff Sanela Kapular's support and to pay her counsel fees, costs and expenses. 19. Plaintiff Sanela Kapular lacks sufficient property to provide for her reasonable needs. 20. Plaintiff Sanela Kapular is unable to support herself through appropriate employment. 21. Defendant Ivan Kapular has sufficient income and assets to provide continuing support for the Plaintiff Sanela Kapular. 22. Plaintiff is caring for and home schooling the parties' 8 year old son who suffers from leukemia and is receiving chemotherapy and she cannot work outside the home. WHEREFORE, Plaintiff Sanela Kapular prays this Honorable Court enter an Order awarding her, alimony pendente lite, counsel fees, expenses and costs in her favor. COUNT III ALIMONY 23. The averments contained in Paragraphs 1 through 23 of this Complaint are incorporated by reference as though set forth in full. 24. Plaintiff is unable to sustain herself during the course of litigation. 25. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment in accordance with the standard of living established during the marriage. WHEREFORE, pursuant to 23 PaC.S.A. 3701, Plaintiff, Sanela Kapular, respectfully requests the Court to enter an award of alimony in her favor. COUNT IV CUSTODY 26. Plaintiff is Sanela Kapular, residing at 712 Manor Road, Camp Hill, Cumberland County, PA 17011 27. Defendant is Ivan Kapular, who was last known to be residing at 712 Manor Road, Camp Hill, Cumberland County, PA 17011. 28. Plaintiff seeks custody of the following children: Name Present Address Date-of-Birth Josip Kapular 712 Manor Road 9-19-96 Filip Kapular Camp Hill, PA 17011 11-21-98 29. The children were born in wedlock. The children are presently in the custody of both parents, residing at 712 Manor Road, Camp Hill, Cumberland County, PA 17011. 30. During the past five 5 years, the children have resided with the following persons the following address(es): Name Address Dates self 712 Manor Road to present Ivan Kapular Camp Hill, PA 17011 Josip Kapular Filip Kapular 31. The mother of the children is currently residing at 712 Manor Road, Camp Hill, Cumberland County, PA 17011. She is married. 32. The father of the children was last known to be residing at 712 Manor Road, Camp Hill, Cumberland County, PA 17011. He is married. 33. The relationship of Plaintiff to the children is that of natural mother. Plaintiff currently resides with the following person(s): Name self her father Josip Kapular Filip Kapular Relationship son son 34. The relationship of Defendant to the children is that of natural father. Defendant currently resides with the following person(s):. Name Relationship self unknown 35. Plaintiff has not participated as a party or a witness, or in any other capacity in other litigation concerning the custody of the children in this or any other Court. 36. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 37. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 38. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Mother is the primary caretaker of the children and she is better able to meet their day to day needs; b. Father has a history of violent behavior and it is not in the best interests of the children that he have significant periods of physical custody with the children. 39. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, pursuant to 23 Pa.C.S.A. 5303, Plaintiff requests the Court to grant her primary physical custody and legal custody of the parties minor children. Respectfully submitted, JOANNE HARRISON CLOUGH, PC Respectfully submitted, JOANNE HARRISON CLOItGH, PC Date: I v Joanne Harrison Attorney ID No.: 364 24 N. 32°a Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff VERIFICATION I, Sanela Kapular, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ? ?- Sanela Kapular t3r, I` ?a, a t , W a ? to r'- r?? A y JAI00 o`? SANELA KAPULAR IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. IVAN KAPULAR DEFENDANT 07-3289 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Wednesday, June 06, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at_ 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, June 28, 2007 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or pennanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es q. i1AA Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 oil La. A' LUZ SANELA KAPULAR Plaintiff Vs. IVAN KAPULAR Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3289 CIVIL CIVIL ACTION - LAW IN DIVORCE AND CUSTODY ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Ivan Kapular, the above named defendant. - - June 25, 2007 Anthony B. Andre ski, Esquire I.D. 88995 317 Erford Road Camp Hill, PA 17011 (717) 433-4191 C7 0 c? f qi j .. , p rn SANELA KAPULAR IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-3289 CIVIL IVAN KAPULAR CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE ANSWER Defendant, Ivan Kapular, by his attorney, Anthony B. Andrezeski, Esquire, in response to plaintiffs Complaint in Divorce, respectfully represents as follows: ANSWER 1. Admitted 2. Admitted. 3. Admitted. 4. Admitted 5. Admitted. 6. Admitted 7. Admitted. 8. (a). Denied 8. (b). This is a conclusion of plaintiff. 9. Defendant would go to counseling session. 10. A conclusion by plaintiff, neither admitted or denied by defendant. COUNT 1 EQUITABLE DISTRIBUTION 11. Admitted. 12. Admitted. 13. Admitted. 14. Defendant does not have sufficient knowledge to form a conclusion. 15. Defendant does not have sufficient knowledge to from a conclusion. 16. Defendant does not have sufficient knowledge to form a conclusion. 17. Denied. 18. Denied. 19. Denied 20. Denied 21. Denied 22. Denied in part and admitted in part. Specifically, the child is in remission from leukemia. With proper therapy and parental support, the parties 8-year old son is capable of attending school. 24. Denied. 25. Denied 26. Admitted. 27. Admitted. 28. Denied in part and admitted in part. Ivan Kapular seeks shared legal and physical custody of the children. 29. Admitted in part and denied in part. Ivan Kapular has been excluded from his residence at 712 Manor Road, Camp Hlil, PA. 30. Admitted in part and denied in part. The home at 712 Manor Road is also the residence of Stjepan Martinovic, the maternal grandfather, and Evo Martinovic, a son of Stjepan Martinovic and brother to mother, Sanela Kapular. 31. Admitted. 32. Denied in part and admitted in part. The father has been excluded from the home. Admitted he is married. 33. Admitted in part and denied in part. Admitted that herself, her father, Josip and Filip reside in the house. Defendant denies they are the only residents of the home and avers that Evo Martinovic also occupies his former residence. 34. Admitted and defendant currently lives at 1106 3rd Avenue, Harrisburg, PA. 35. Denied. Plaintiff has filed multiple Protection From Abuse orders attempting to exclude defendant from seeing his children. 36. Denied. Plaintiff has by this action and by a Protection From Abuse action does have custody proceedings pending in this court. 37. Admitted. 38. (a).Denied. 38.(b).Denied 39. Admitted. Date: June 25, 2007 -X J', Anthony B. An rezeski, Esquire I . D. 88995 317 Erford Road Camp Hill, PA 17011 (717) 433-4191 SANELA KAPULAR IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-3289 CIVIL IVAN KAPULAR CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY COUNTERCLAIM Defend ant/counter-plaintiff avers, by way of counterclaim: 1. He has not offered any indignities to the plaintiff and has not at any time made the plaintiffs life burdensome or intolerable. Defend ant/counter-plaintiff avers that this action is one of an ongoing series of attempts to remove him from his home, allow his brother-in-law, Evo Martinovic, permanent residence in his home, and continue the fraudulent acts of transferring large amounts of money from Bosnia to the United States for the purpose of supporting Sanela Kapular, her two children, father and brother. 2. Defendant states his own children told him he was leaving the house and his father-in-law would be providing money for a brand-new very large house to be built for everyone but Defendant, Ivan Kapular. 3. Defendant by his own knowledge has seen tens of thousands of dollars transferred from Bosnia to an account of Stjepan Martinovic. This money is given to his daughters, Sanela and Blanka. 4. Defendant also states these actions are illegal because Stjepan Martinovic upon arrival in the United States stated he had no pension, income or property. 5. Defendant states Stjepan Martinovic committed an illegal act by denying his wealth to the Social Security Administration in order to receive monthly Social Security benefits and hundreds of thousands of dollars in government medical treatment at Hershey Medical Center, Hershey, PA. 6. Defendant states from personal knowledge that Sanela Kapular conspired with her father to obtain these benefits. 7. Defendant states that all actions against him are part of an illegal conspiracy to exclude him from his home, prevent any meaningful contact with his children, and illegally transfer hundreds of thousands of dollars from Bosnia to the United States upon the death of his father-in-law, Stjepan Martinovic, from terminal cancer. COUNT 1 OF DIVORCE ACTION COUNTERCLAIM EQUITABLE DISTRIBUTION 8. Paragraphs one (1) through seven (7) of this Counterclaim are incorporated herein by reference. 9. Defendant is willing to amicably resolve property issues in a timely manner. COUNT 2 OF DIVORCE ACTION COUNTERCLAIM ALIMONY PENDENTE LITE, COUNSEL FEES. COSTS AND EXPENSES 10. Paragraphs one (1) through nine (9) of this Counterclaim are incorporated herein by reference. 11. Plaintiff in divorce Sanela Kapular has sufficient funds to support herself and meet the costs and expenses of this litigation. 12. Sanela Kapular is in sole possession of a Three Thousand Four Hundred Dollar ($3,400.00) income tax refund and has directed a minimum of Five Hundred Dollars ($500.00) per paycheck for her own use in this action. 2 13. Stjepan Martinovic has access to his bank account in Bosnia via a VISA card and even brought back Fifteen Thousand Dollars ($15,000.00) U.S. on his last return from Bosnia. 14. Stjepan Martinovic's current wealth, ability to access money for use by his daughter and anticipated transfer of wealth upon his death provide adequate funds for all present and future needs of Sanela Kapular. 15. Sanela Kapular has purposefully for her own misguided reasons not allowed physical therapy for her son, Filip, has refused to send him to school and catered to his illness to the point of making every complaint a trip to the hospital or at least multiple phone calls to multiple doctors. 16. Defendant further states that the action of ejection from his home is based on his inability to continuously work seventy (70) hours per week. COUNT 3 OF DIVORCE ACTION COUNTERCLAIM ALIMONY 17. Paragraphs one (1) through sixteen (16) of this Counterclaim are Incorporated herein by reference. 18. Defendant re-states that his exclusion from the home is based on Sanela Kapular's ability to access large amounts of her father's money from Bosnia and her standard of living will dramatically increase upon transfer of assets now held by her father. COUNT 4 OF DIVORCE ACTION COUNTERCLAIM M ISTnnv 19. Defendant states that his children are in physical, mental and sexual danger by contact with Evo Martinovic. 3 20. Evo Martinovic has been a negative influence on the children, has a history of severe alcoholism and was arrested for being drunk and naked in a public park and also caught looking over a woman's restroom stall at Lowes. 21. Defendant further states mother has alienated Josip and Filip from each other by her actions made Filip an invalid and used every negative and derogatory term to describe the father tot he children. 22. Defendant states that the children spend very little time outside the house, sit 24 inches from a large plasma television and constantly and continually play video games that are completely inappropriate by their language and graphics for their age group. 23. Defendant asks in counterclaim that the children receive counseling and that he be allowed a minimum of 50 percent custody. 24. It is in the best interest of the children that both parents be part of their growing up without the complete negativity that is now in their lives. 25. Defendant states he will go to family counseling, will agree to have his children evaluated and/or counseled and not object to any interviews, home studies, or appointments of legal counsel for the children in this action. WHEREFORE, defendant respectfully requests this honorable court to allow shared legal and physical custody of the children, disallow any payment of support, counsel fees, alimony pendente lite, or any other fees until final accounting of the wealth available to Sanela Kapela through the illegal actions in defrauding the Social Security Administration by her and her father, Stjepan Martinovic, and investigated and resolved. Furthermore, this defendant asks that Evo Martinovid be excluded from his forrmer residence at 712 Manor Road, Camp Hill, PA for the safety and protection of 4 Josip and Filip Kapular. Defendant also asks that this court allow the return of defendant's numerous tools to him so he may continue with small contracting jobs. Anthony B. Andrezdski, Esquire - Jr I . D. 88995 317 Erford Road Camp Hill, PA 17011 (717) 433-4191 VERIFICATION I verify that the statements made in this petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ffp,/- 1/? 4 1/0 -T /Z/ C4-.-- Date Petitioner SANELA KAPULAR IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-3289 CIVIL IVAN KAPULAR CIVIL ACTION - LAW Defendant IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, Anthony B. Andrezeski, Esquire, counsel for defendant, Ivan Kapular, do hereby certify that on the date below, I caused to be served a true and correct copy of Answer and Counter Claim upon all counsel in the manner shown and at the addresses indicated below: Joanne Harrison Clough, Esquire 24 N. 32"d Street Camp Hill, PA 17011 Date: June 25, 2007 do4le?? . d?4? t Anthony B. Andre ski, squire I.D. 88995 317 Erford Road Camp Hill, PA 17011 (717) 433-4191 C {? ( rn rr' CJ3 a `j + W JUL 2 3 2D07pi SANELA KAPULAR IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 07-3289 CIVIL ACTION LAW IVAN KAPULAR Defendant IN CUSTODY ORDER OF COURT 1. A Hearing is seduled in courtroo ber 3 of the Cumberland County Courthouse on the 10 day of , 2007 at 7- DO o'clock A .m., at which time testimony will be taken. For purposes of the hearing, the Mother, Sanela Kapular, shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the Court and opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten (10) days prior to the hearing date. 2. Pending the hearing and further Order of Court or agreement of the parties, the temporary Custody Order dated June 7, 2007, shall continue in effect. 3. The Mother shall cause the Father to be notified in the event Filip is hospitalized and shall cooperate in ensuring that the Father has an opportunity to visit with the Child in the hospital when the Mother is not present. cc: Fthony e Harrison Clough, Esquire - Counsel for Mother B. Andrezeski, Esquire - Counsel for Father , .9 ,? I .,0 0 Edward E. Guido J. • i 11"Ad ? ?I I LIl:oz 16, SANELA KAPULAR Plaintiff VS. IVAN KAPULAR Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-3289 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Josip Kapular September 19, 1996 Mother Filip Kapular November 21, 1998 Mother 2. A custody conciliation conference was held on June 28, 2007, with the following individuals in attendance: The Mother, Sanela Kapular, with her counsel, Joanne Harrison Clough, Esquire, and the Father, Ivan Kapular, with his counsel, Anthony B. Andrezeski, Esquire. 3. This Court previously entered a temporary Custody Order as part of a Protection From Abuse Order on June 7, 2007, under which the Mother had primary physical custody of the Children and the Father was granted visitation on Sundays from 12:00 noon until 5:00 p.m. The Mother filed this Complaint for custody seeking primary physical custody of the Children on an ongoing basis. The parties reached a tentative agreement at the conference on temporary arrangements pending their participation in a custody evaluation, if the parties determined the evaluation could be done in a timely and affordable manner. However, the Father's counsel subsequently contacted the conciliator and advised that an evaluation could not be performed within an acceptable timeframe or within the parties' financial means. Accordingly, it will be necessary to schedule a hearing to establish a custody schedule on an ongoing basis. 4. The Mother's position on custody is as follows: the Mother believes it would be in the Children's best interests for them to continue to reside in the Mother's primary care. The Mother stated that she has been the complete caregiver for their son, Filip, who has leukemia and is also being treated for mental health issues. According to the Mother, the Child, who is in a wheelchair most of the time, cannot be exposed to cigarette smoke or anything that could make him sick. Filip is presently home schooled to avoid contact with germs. The Mother also expressed concern about the difficulties inherent in exchanges of custody under the circumstances wherein the Father is prohibited from having any contact with her or the household under the protective order. The Mother believes that the circumstances are further complicated because the boys witnessed physical violence on the Father's part in the home. The Mother believes that it would be detrimental to the Children to be in the Father's custody for overnight periods at this time. 5. The Father's position on custody is as follows: the Father believes it would be in the Children's best interests to spend more time with him and to be out of the Mother's household for expanded periods of time. The Father denies the violent behavior alleged by the Mother. The Father stated that he would take all necessary steps to provide care for Filip while in his custody and would ensure that the Child is not exposed to cigarette smoke or other risk factors. The Father believes that it is detrimental to the Children to spend all of their time indoors watching television and playing video games, which he feels are inappropriate. The Father expressed concern about the Mother's overly protective behavior toward the Children and the older Child's aggression toward the younger son who gets more attention due to his medical condition. The Father seeks full weekend periods of custody with the older Child and expanded daytime periods with the younger son due to his health concerns. 6. The conciliator recommends an Order in the form as attached scheduling a hearing in this matter to establish a custodial schedule and providing for notice to the Father in the event Filip is hospitalized and opportunity for the Father to visit with the Child in the hospital. It is anticipated that the hearing will require at least one half day in light of the medical issues involved. Date Dawn S. Sunday, Esquire dr- Custody Conciliator P.1 3oanne Harrison Clough, Esquire Attorney ID No.: 35451 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-3259 CIVIL ACTION -LAW IN DIVORCE AND CUSTODY ORDER OF COURT AND NOW, this the day of 7,2007, comes Joanne Harrison Clough, Esquire and with the concurrence of opposing counsel, Anthony B. Andrezski, Esquire, and hereby request the hearing scheduled for September 10, 2007 be rescheduled due to Attorney Clough's conflict with her schedule. Joanne Harrison Clough, Esquire is scheduled to be in York County on this same date at 10:00 a.m. The parties have agreed that Ivan Kapular's custody shall be modified from every Sunday at noon to 5 p.m., to every Sunday from 9:00 a.m. to 6:00 p.m. Wherefore, the hearing scheduled for September 10, 2007 at 9:00 a.m. be continued and rescheduled for 3? day of Cad 2007 at S1.01WV 8-ISMLODZ Mdl INO' , 3Hi JO Joanne Harrison Clough, Esquire Attorney ID No.: 36461 24 N. 32°d Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3289 CIVIL ACTION -LAW IN DIVORCE AND CUSTODY MOTION FOR APPOINTMENT OF SPECIAL MASTER Plaintiff, Sanekla Kapular, moves the Court to appoint a Special Master with respect to the following claims: ( x ) Divorce ( x ) Equitable Distribution of Property ( ) Annulment ( x ) Support ( x ) Alimony ( x ) Counsel Fees ( x ) Alimony Pendente Lite ( x ) Costs and Expenses (1) Discovery is complete as to the claims for which the appointment of a master is requested. Discovery was forwarded to Defendant's attorney on June 11, 2009 and it is anticipated the responses will be received within 30 days (2) The Defendant has appeared in the action by his attorney, Anthony B. Andrezeski, Esquire (3) The statutory grounds for divorce are irretrievable breakdown (3301 [c]) orindignities (3301 [a]). (4) The action is contested with respect to the following claims: Divorce, Alimony Pendente Lite, Alimony, Support, Property Distribution, Counsel Fees, Costs and Expenses. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any, relevant to the motion: None. (8) Name of other attorney: Anthony B. Andrezeski, Esquire DATE: Jo H sondugYE UIRE Atto No. 36461 3820 arket Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Sanela Kapular FI r , `AR4 2 0 6 9 J':5;; 24 1I 06 Joanne Harrison Clough, Esquire Attorney ID No.: 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff SANELA KAPULAR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-3289 IVAN KAPULAR, CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY INCOME AND EXPENSE STATEMENT OF SANELA KAPULAR INCOME Employer:Homemaker Address: 712 Manor Road, Camp Hill, Pennsylvania 17011 Type of Work: Pay Period (weekly, biweekly, etc.): Gross pay per period: None - Homemaker and Cares for child who is homebound with leukemia in remission CMT disease Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify) Net pay per period: $ varies Other Income: WEEK MONTH YEAR Interest Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Comp. Worker's Comp. Child Support TOTAL TOTAL INCOME See W-2,1099 $ 0.00 Expenses: WEEK MONTH YEAR Home $805.00 mortgage Mortgage/rent Maintenance Utilities Electric $150.00 Gas Oil $3000.00 Telephone $319.00 His cell $170.00 mother's cell $ 50.00 reg phone $ 50.00 long distance Water Sewer Employment Public Transportation Lunch Taxes Real Estate Included Personal Property Income Insurance Homeowners Automobile $117.00 a month both cars Life Accident Health Other Automobile Payments None Fuel $100.00 a month Repairs $350.00 Medical Doctor (includes counseling) $200.00 Physical Therapy Dentist $300.00 Orthodontist Hospital Medicine $50.00 Special Needs (glasses, braces, orthopedic devices) Education Private School Parochial School College Religious Personal Clothing $700.00 Food $250.00 Barber/Hairdresser Credit Payments $150.00 Credit Card Charge Account Memberships Loans Credit Union Miscellaneous Household help Child care Papers/books/magazines Entertainment Pay TV 154.00 a month includes internet Vacation Gifts Legal fees $200.00 Charitable contributions Other child support Alimony payments Other TOTAL EXPENSES PROPERTY OWNED DESCRIPTION VALUE OWNERSHIP Marital residence $ To be Determined J INSURANCE COMPANY POLICY NO. COVERAGE Highmark Blue Sheild AYR103905118001 H W C Respectfully submitted, JOAN*E HARRISON CLOUGLI c: By: I.D. No"36461 3 820 Market Street Camp Hill, PA 17011 (717)737-5890 Attorney for Plaintiff Sanela Kapular VERIFICATION I, Sanela Kapular, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: to Sanela Kapular ?jc TY Joanne Harrison Clough, Esquire Attorney ID No.: 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3289 : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY PRELIMINARY INVENTORY OF SANELA KAPULAR Plaintiff files the following preliminary inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. s "e- 4A, Sanela Kapular ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. X 1. Real property X 2. Motor vehicles ? 3. Stocks, bonds, securities and options ? 4. Certificates of deposit X 5. Checking accounts, cash X 6. Savings accounts, money market and savings certificates X 7. Contents of safe deposit box ? 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 X 14. Personal property outside the home X 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ? 16. Employment termination benefits - severance pay, workers= compensation claim/award X 17. Profit sharing X 18. Pension plans (indicate employee contribution and date plan vests) X 19. Retirement plans, Individual Retirement Accounts ? 20. Disability payments ? 21. Litigation claims (matured and unmatures) 11 X X 22. MilitaryNA benefits 23. Education benefits 24. Debts due, including loans, mortgages held 25. Household furnishings and personalty (include a total category and attach itemization list if distribution of such assets is in dispute) ? 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item No. Description of Property Names of all Owners Value 1 712 Manor Road Camp Hill, PA Husband and Wife $189,000.00 approx 2a. Dodge Ram Truck Husband To be determined 3a. Pa Central Fed Credit Union Husband and Wife b Pa Central Fed Credit Union Wife C Possible other Husband accounts 7 Possible Safety Deposit Box Husband 14 tools at Husband's lawyer's house Husband and Wife To be determined 15 Husband's Tile Business 17 Husband's 401K Retirement To be Determined 18 Husband's Ames True Temper Retirement $7,398.03 19 Husband's deferred 401K Comp 20 House Contents NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description of Property No. 2b VW Golf Reason for Exclusion Wife and deceased Father - Dad purchased for Wife PROPERTY TRANSFERRED Item No. Description of Property Date of Transfer Person to Whom Transferre d Consideration LIABILITIES Item No. Description of Property Names of Creditors Names of Debtors Amount of Debt Mortgage To be determined Respectfully submitted, JOANNE HARRISON CLOVJG411, P.C. By: Joann ison Cl I.D. No. 6461 3820 Market Street Camp Hill, PA 17011 (717)737-5890 Attorney for Plaintiff Sanela Kapular VERIFICATION I, Sanela Kapular, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: J Sanela Kapular ?r 1'?f 3 1 ? i i '7,st?y 2OC19 Pi, 2, (na JUN Z 5 2009 (t? Q? Joanne Harrison Clough, Esquire Attorney ID No.: 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff SANELA KAPULAR, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 07-3289 IVAN KAPULAR, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY OMER APPOINTING SPECIAL MASTER AND NOW, this 6,6( day of 2009, Master with respect to the followin claims: Esquire, is appointed Special g Ci,4- Gx J. BY THE COURT, "I e= y ???? P!y 43 I -vAN}A Joanne Harrison Clough, Esquire Attorney ID No.: 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff SANELA KAPULAR, Plaintiff IN THE COURT OF C0144ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. IVAN KAPULAR, Defendant NO. 07-3289 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW this 31st day of August, 2009 comes Plaintiff Sanela Kapular, by and through her attorney Joanne Harrison Clough, and files this Motion To Compel Response to Discovery and avers as follows: 1. Respondent Defendant Ivan Kapular has failed to file complete responses to Plaintiff Wife's First Set of Interrogatories and Plaintiff's First Request of Production of Documents despite repeated demand for answers to said discovery. 2. Defendant has failed to properly answer and complete his responses to Plaintiff's First Set of Interrogatories and her First Request for Production of Documents in the Answer to Interrogatories and the Response to Request for Production of Documents provided by his prior counsel by first class mail on or about June 11, 2009. 3. More than sixty days have elapsed since the service of said discovery requests and Plaintiff has failed to answer said discovery in direct violation of Pennsylvania Rules of Civil Procedure 4001 et seq. 4. Plaintiff Wife is being harmed by Defendant's willful failure to provide responses to the first and second set of discovery requests in that she has incurred counsel fees, costs and expenses in her attempts through correspondence and telephone calls and the filing this Motion to Compel Plaintiff to comply with the Rules of Court and provide responses to the discovery. The completion of this divorce action has been delayed by Defendant's failure to timely provide responses to Plaintiff's discovery requests. 6. Defendant's counsel has repeatedly informed Plaintiff's counsel and was assured that Defendant would provide complete answers to Plaintiff's Discovery requests and would do so in a timely fashion without the need to file a formal motion. 7. To date, Defendant has failed to provide any updated or revised answers to Plaintiff s first discovery requests. 8. Defendant has failed to comply with the Rules of Court by failing to provide complete answers to discovery. Plaintiffs counsel attempted to informally correct this by requesting Defendant's counsel to have Defendant completely answer the discovery without the formality of a Motion to Compel, but Defendant has failed to timely reply to said correspondence request and has also failed to timely reply to Plaintiff s Request for Production of Documents despite assurances he would provide the responses. 9. Defendant does not concur in this Motion. 10. This case was not previously assigned to a Judge. WHEREFORE, Petitioner Plaintiff Sanela Kapular respectfully requests this Honorable Court enter an Order compelling Defendant Ivan Kapular to: (a) to provide complete Answers to Plaintiff s first set of discovery requests within ten (10) days; and (b) award Plaintiff all of the reasonable counsel fees, costs and expenses she incurred as a direct result of Defendant Ivan Kapular's failure to provide timely and complete responses to Defendant's First Set of Discovery requests; and (c) grant any other relief this Court deems appropriate. Joanne Harrison Clou I.D # 36461 24 N. 32"d Street Camp Hill, PA 17011 717-737-5890 Attorney for Plaintiff Sanela Kapular CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: Anthony B. Andrezeski, Esquire 317 Erford Road Camp Hill, PA 17011 Counsel for Ivan Kapular Ivan Kapular c/o Nedeljko Gunjak, Inc. 1 Fairfax Village Harrisburg, PA 17112 Date: ?f 3t-'?`1 Joanne arrison Clough, wire Attorney ID No. 36461 3820 Market Steet Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant Kathryn Ann Adjan FILED QF THE 2099 SEP - I P I ::" u SEP 0 2 2009 67 SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3289 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY RULE TO SHOW CAUSE Z.oo°( AND NOW, this J,? day of , 24)R, a Rule is issued against Respondent Defendant Ivan Kapular, to show cause, if any, why Plaintiff's Motion To Compel Answers to Discovery should not be granted, and why Defendant should not be directed to immediately provide complete responses to Plaintiff's First Second Set of Discovery and why Defendant should not be ordered to reimburse Plaintiff for all of the reasonable counsel fees, costs and expenses she has incurred as a direct result of Defendant's failure to timely answer in full said outstanding discovery requests. Rule returnable within W days of date of service. J. BY THE COURT, HE ??tl 1T7 i ° OF 2009 SEP -3 P i : 41 cl .44. . ?t . STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID# 52651 61 West Louther Street Carlisle, Pa 17013 (717) 249-1177 Attorneys for Defendant ANDREW J. BENDER, ESQUIRE PA Supreme Court ID# 205763 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-3289 CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY DEFENDANT'S RESPONSE TO PLAINTIFF'S RULE TO SHOW CAUSE AND NOW, this 16`h day of September, 2009, comes Defendant Ivan Kapular, by and through his attorney Stephanie E. Chertok, Esquire and files this Response to Plaintiff's Rule to Show Cause and avers as follows: On this date, Defendant has filed a Response to Plaintiffs Motion to Compel Answers to Discovery which Motion was the subject of the Rule to Show Cause. A copy of Defendant's Response to the Motion to Compel Answers to Discovery is attached hereto and marked Exhibit "A". 2. Responding Counsel for Defendant has on this date filed a Notice of Entry of Appearance on behalf of Defendant in this matter. A copy of said Entry of Appearance is attached hereto and marked Exhibit "B". 3. Responding Counsel for Defendant has notified Plaintiff s Counsel of her Entry of Appearance and has requested that Plaintiff's Counsel provide the Discovery Requests which will be answered promptly upon receipt. To date, Plaintiff's Counsel has not provided the requested Discovery Requests nor has she responded in any way to the letter or phone call that was placed to her office by Defendant's Counsel. A copy of said letter to Plaintiff's Attorney is attached hereto and marked Exhibit "C". 4. Defendant's Attorney of Record has been requested to Withdraw as Defendant's Attorney of Record and has been requested to provide the outstanding Discovery Requests but to date has not been responsive. 5. Defendant's Attorney of Record was requested by Defendant's Counsel on September 15, 2009 to provide her with the Discovery Requests from Plaintiff's Counsel and was only faxed the Instruction pages on September 15, 2009. On September 16th Defendant's prior Counsel was again contacted by phone but his number had been disconnected. 6. Defendant's delay in responding to the requested discovery was not the fault of Defendant but rather it was and has been the actions of Defendant's prior counsel which has resulted in the Discovery Requests going unanswered to date. 7. Defendant should not be order to reimburse Plaintiff for counsel fees, costs and expenses because Defendant relied on his counsel to represent him by responding to Discovery Requests in a timely fashion and Defendant himself was personally without the ability to respond to the Discovery Requests without the representation of Counsel. Further, Defendant had no way of knowing that his Attorney had received Discovery Requests but had not filed responses to them in a timely fashion. 8. Defendant should not be ordered to reimburse Plaintiff for counsel fees, costs and expenses because Plaintiff is not gainfully employed and she is eligible to seek representation at no cost to her while Defendant must pay for his own counsel fees and he must also pay for the Plaintiff's Support and Maintenance, as well as the support and maintenance of his children and the marital residence. Defendant cannot afford to pay for Plaintiff's Counsel 9. Plaintiff s Attorney ultimately mailed the Rule to Show Cause directly to Defendant. If the Rule to Show Cause would have been mailed directly to the Defendant sooner, Plaintiff would not have incurred extra attorney fees. Therefore, Defendant should not have to pay Plaintiffs counsel fees, costs and expenses. WHEREFORE, Defendant Ivan Kapular respectfully requests this Honorable Court enter an Order directing Plaintiffs Counsel to: (a) provide Defendant's Responding Counsel with her Discovery Requests and providing Defendant a 30 day time frame within which to respond pursuant to the Pennsylvania Rules of Civil Procedure; (b) deny Plaintiff s Requests for counsel fees, costs and expenses that she may have incurred as a result of Defendant's prior Attorney's failure to timely answer outstanding Discovery Requests. Respectfully Submitted, Step eieE. Che quire PA Supreme Court ID# 52651 61 West Louther Street Carlisle, Pa 17013 (717) 249-1177 Attorney for Defendant EXHIBIT "A" STEPHANIE E. CHERTOK, ESQUIRE ANDREW J. BENDER, ESQUIRE PA Supreme Court ID# 52651 PA Supreme Court ID# 205763 61 West Louther Street 61 West Louther Street Carlisle, Pa 17013 Carlisle, PA 17013 (717) 249-1177 (717) 249-1177 Attorneys for Defendant SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 07-3289 CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW, this 16th day of September, 2009 comes Defendant Ivan Kapular, by and through his attorney Stephanie E. Chertok, Esquire and files this Response to Plaintiff's Motion to Compel Answers to Discovery and avers as follows: Neither Admitted nor Denied. It is not known whether the Attorney of record for Defendant has filed responses to the Plaintiff's First Set of Interrogatories and First Request of Production of Documents. Responding Counsel has now been retained by Defendant and has requested copies of the Discovery Requests from the Counsel of Record for Defendant as well as from Plaintiff's Counsel, but to date the requests have not been provided and therefore she has also been unable to respond to the requests. 2. Neither Admitted nor Denied. Please see response to averment number one (1). 3. Neither Admitted nor Denied. Please see response to averment number one (1). 4. Neither Admitted nor Denied. By way of further response, it is Defendant's belief that Plaintiff is eligible for legal assistance which would be provided to her at no cost as she is not gainfully employed and she is supported by Defendant's income which is not sufficient to provide counsel fees both for Plaintiff and Defendant. 5. Neither Admitted nor Denied. 6. Neither Admitted nor Denied. 7. Neither Admitted nor Denied. 8. Neither Admitted nor Denied. 9. Neither Admitted nor Denied. 10. Neither Admitted nor Denied. WHEREFORE, Defendant Ivan Kapular respectfully requests this Honorable Court enter and Order compelling Plaintiff Sanela Kapular to: (a) provide complete discovery requests to Defendant's Counsel so that they can be answered; and (b) deny Plaintiff's requested counsel fees, costs and expenses that she has requested. Respectfully Submitted, ASteph e E. Chertok, Esquire PA Supreme Court ID# 52651 61 West Louther Street Carlisle, Pa 17013 (717) 249-1177 Attorney for Defendant STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID# 52651 61 West Louther Street ANDREW J. BENDER, ESQUIRE PA Supreme Court ID# 205763 61 West Louther Street Carlisle, Pa 17013 Carlisle, PA 17013 (717) 249-1177 (717) 249-1177 Attorneys for Defendant SANELA KAPULAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 07-3289 IVAN KAPULAR, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, Stephanie E. Chertok, Esquire, do hereby certify that on the 17th day of September, 2009, a true and correct copy of the foregoing document was personally delivered/served by first class/personal service mail to the following: Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, Pa 17011 Dated: , 71. q Jn '-f - r-% "Stephanie E. Chertok, Esquire PA Supreme Court ID# 52651 61 West Louther Street Carlisle, Pa 17013 (717) 249-1177 Attorney for Defendant EXHIBIT "B" STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID# 52651 61 West Louther Street Carlisle, Pa 17013 (717) 249-1177 Attorneys for Defendant SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant ANDREW J. BENDER, ESQUIRE PA Supreme Court ID# 205763 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA No. 07-3289 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Stephanie E. Chertok, Esquire, and Andrew J. Bender, Esquire of Allied Attorneys of Central Pennsylvania, LLC, on behalf of the Defendant, Ivan Kapular. Dater G i STEP eE E. CHERTOK, ESQUIRE PA Supreme Court ID# 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 ALLIED ATTORNEYS OF CENTRAL PENNSYLVANIA, L.L.C. Stephanie E. Chertok, R.N., Esq. Margaret M. Stuski, Esq. Jason D. Arnold, Esq. Stephen R. Maitland, Esq. Andrew J. Bender, Esq. K. Lee Derr, Esq. Main Office 61 West Louther Street Carlisle, PA 17013 PHONE: (717) 249-1177 FAX: (717) 249-4514 DATE: , t?:x'riY.x r' 15 : Z C f-P- TO: a Dn rIC, HC'-fY tSGi-1 C 919 North 2nd Street Harrisburg, PA 17102 10 Lt Cam-, PHONE: FAX: - r r--j Z # of pages including this cover sheet MESSAGE: THIS FAX IS INTENDED ONLY FOR THE PERSON WHOSE NAME IS LISTED ON THIS COVER SHEET. IF IT HAS REACHED A WRONG NUMBER, PLEASE CALL AND NOTIFY US, THEN PLEASE DESTROY THE FAX. ALLIED ATTORNEYS OF CENTRAL PENNSYLVANIA, L.L.C. Main Office 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax Margaret M. Stuski, Esquire Stephen R. Maitland, Esquire Stephanie E. Chertok, R.N., Esquire - Managing Partner Jason D. Arnold, Esquire 919 North 2nd Street First Floor Harrisburg, PA 17102 Andrew J. Bender, Esquire K. Lee Derr, Esquire September 15, 2009 Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, Pa 17011 Sent Via Fax: 717-737-5892 RE: Sanela Kapular v. Ivan Kapular Dear Ms. Clough: Please be advised that this office has been consulted by Ivan Kapular with regard to the divorce action that you have been prosecuting on behalf of his wife. It is my understanding that both parties are eager to finalize the divorce and therefore it is my intention to work toward a resolution of the outstanding issues as expeditiously as possible. At this time Ivan has presented me with your Rule to Show Cause which was filed on September 2, 2009. The Rule references discovery requests to which you have not received responses. I spoke with Connie in your office this morning and requested that she provide me with the discovery requests so that I can provide you with the responses as soon as possible. It is my understanding that Ivan has been represented by an attorney who has not been responsive to your requests and therefore the matter was left to languish. Ivan is not in possession of the correspondences which you have been sending to his prior attorney and therefore I am requesting that you provide it to me directly so that I can handle it. According to the Rule to Show Cause, there are outstanding discovery requests. I am not aware of the status of the case with respect to any other negotiations or proposals that may have taken place. If there is a proposal for a Marital Settlement Agreement or anything else outstanding at this time, please advise so that we can handle that as well. Thank you for your consideration. I would appreciate it if you would call me at your earliest convenience in order to discuss this, as there are certain questions that I believe you may be able to clear up for me. Very truly yours, Stephanie E. Chertok cc: Ivan Kapular EXHIBIT "C" STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID# 52651 61 West Louther Street Carlisle, Pa 17013 (717) 249-1177 Attorneys for Defendant ANDREW J. BENDER, ESQUIRE PA Supreme Court ID# 205763 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 SANELA KAPULAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-3289 IVAN KAPULAR, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, Stephanie E. Chertok, Esquire, do hereby certify that on the 17th day of September, 2009, a true and correct copy of the foregoing document was personally delivered/served by first class/personal service mail to the following: Joanne Harrison Clough, Esquire 3 820 Market Street Camp Hill, Pa 17011 Dated: (7 c7 teph E. Chertok, Esquire PA Supreme Court ID# 52651 61 West Louther Street Carlisle, Pa 17013 (717) 249-1177 Attorney for Defendant i ? 7? ?!?, ?r + ? `t - A ?r?? C?',?,,. r , .: ? , 4 STEPHANIE E. CHERTOK, ESQUIRE ANDREW J. BENDER, ESQUIRE PA Supreme Court ID# 52651 PA Supreme Court IN 205763 61 West Louther Street 61 West Louther Street Carlisle, Pa 17013 Carlisle, PA 17013 (717) 249-1177 (717) 249-1177 Attorneys for Defendant SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3289 CIVIL ACTION -LAW IN DIVORCE AND CUSTODY DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO COMPEL ANSWERS TO DISCOVERY AND NOW, this 16th day of September, 2009 comes Defendant Ivan Kapular, by and through his attorney Stephanie E. Chertok, Esquire and files this Response to Plaintiff's Motion to Compel Answers to Discovery and avers as follows: Neither Admitted nor Denied. It is not known whether the Attorney of record for Defendant has filed responses to the Plaintiff's First Set of Interrogatories and First Request of Production of Documents. Responding Counsel has now been retained by Defendant and has requested copies of the Discovery Requests from the Counsel of Record for Defendant as well as from Plaintiff's Counsel, but to date the requests have not been provided and therefore she has also been unable to respond to the requests. 2. Neither Admitted nor Denied. Please see response to averment number one (1). Neither Admitted nor Denied. Please see response to averment number one (1). • 4. Neither Admitted nor Denied. By way of further response, it is Defendant's belief that Plaintiff is eligible for legal assistance which would be provided to her at no cost as she is not gainfully employed and she is supported by Defendant's income which is not sufficient to provide counsel fees both for Plaintiff and Defendant. 5. Neither Admitted nor Denied. 6. Neither Admitted nor Denied. 7. Neither Admitted nor Denied. 8. Neither Admitted nor Denied. 9. Neither Admitted nor Denied. 10. Neither Admitted nor Denied. WHEREFORE, Defendant Ivan Kapular respectfully requests this Honorable Court enter and Order compelling Plaintiff Sanela Kapular to: (a) provide complete discovery requests to Defendant's Counsel so that they can be answered; and (b) deny Plaintiff's requested counsel fees, costs and expenses that she has requested. Respectfully Submitted, S . Chertok, Esquire PA Supreme Court ID# 52651 61 West Louther Street Carlisle, Pa 17013 (717) 249-1177 Attorney for Defendant a STEPHANIE E. CHERTOK, ESQUIRE ANDREW J. BENDER, ESQUIRE PA Supreme Court ID# 52651 PA Supreme Court ID# 205763 61 West Louther Street 61 West Louther Street Carlisle, Pa 17013 Carlisle, PA 17013 (717) 249-1177 (717) 249-1177 Attorneys for Defendant SANELA KAPULAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-3289 IVAN KAPULAR, Defendant CIVIL ACTION -LAW IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE I, Stephanie E. Chertok, Esquire, do hereby certify that on the 17`h day of September, 2009, a true and correct copy of the foregoing document was personally delivered/served by first class/personal service mail to the following: Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, Pa 17011 Dated:qji7/.q Stephanie E. Chertok, Esquire PA Supreme Court ID# 52651 61 West Louther Street Carlisle, Pa 17013 (717) 249-1177 Attorney for Defendant 2 0 0 9 S E:J STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID# 52651 61 West Louther Street Carlisle, Pa 17013 (717) 249-1177 Attorneys for Defendant SANELA KAPULAR, Plaintiff ANDREW J. BENDER, ESQUIRE PA Supreme Court ID# 205763 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-3289 IVAN KAPULAR, Defendant CIVIL ACTION -LAW IN DIVORCE AND CUSTODY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Stephanie E. Chertok, Esquire, and Andrew J. Bender, Esquire of Allied Attorneys of Central Pennsylvania, LLC, on behalf of the Defendant, Ivan Kapular. Date: q 117A STEP A E E. CHERTOK, ESQUIRE PA Supreme Court ID# 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 OF THE 2 9 0 9 S E P 13 ill L : ; CUli SANELA KAPULAR, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IVAN KAPULAR, : Defendant NO. 07-3289 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of September, 2009, upon consideration of Plaintiff's Motion To Compel Answers to Discovery and of Defendant's Response to Plaintiffs Rule To Show Cause, Plaintiffs motion is granted and Defendant is directed to provide full and complete responses, without objection, to Plaintiff's counsel within 30 days of the date of this order. BY THE COURT, J /Joanne Harrison Clough, Esq. 24 N. 32"d Street Camp Hill, PA 17011 Attorney for Plaintiff ? Stephanie E. Chertok, Esq. Andrew J. Bender, Esq. 61 West Louther Street Carlisle, PA 17013 Attorney for Defendant :rc c ?-,S nia l 4tccc 4 a??? OF IKE }??? ? ? ?'' ?J fARY 2009 SEP 24 AM 10: 16 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID# 52651 61 West Louther Street Carlisle, Pa 17013 (717) 249-1177 Attorneys for Defendant ANDREW J. BENDER, ESQUIRE PA Supreme Court ID# 205763 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07-3289 CIVIL ACTION -LAW IN DIVORCE AND CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Kindly withdraw the appearance of Anthony B. Andrezeski, Esquire on behalf of the Defendant, Ivan Kapular. Date: Camp Hill, Pa 17011 STEPHANIE E. CHERTOK, ESQUIRE ANDREW J. BENDER, ESQUIRE PA Supreme Court ID# 52651 PA Supreme Court ID# 205763 61 West Louther Street 61 West Louther Street Carlisle, PA 17013 Carlisle, PA 17013 (717) 249-1177 (717) 249-1177 (717) 249-4514 Fax (717) 249-4514 Fax SANELA KAPULAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. IVAN KAPULAR, Defendant NO. 07-3289 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE The undersigned does hereby certify that on the date indicated a true and correct copy of the foregoing Praecipe to Withdraw Appearance was served upon the following by forwarding same via first-class mail postage prepaid: Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 DATE: l? O(, A Anthony B. Andrezeski, Esquire 317 Erford Road Camp Hill, PA 17011 ANDREW J. BENDER, ESQUIRE Allied Attorneys of Central Pennsylvania, L.L.C. Attorney for Defendant PA Supreme Court ID # 205763 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax FILED-WhGE OF THE PP0THrMTARY 2009 OCT -6 PN 1: 16 CJfv?{ 1[i : ; ',, JNJY STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID# 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant. ANDREW J. BENDER, ESQUIRE PA Supreme Court ID# 205763 61 West Louther Street Carlisle, PA 17013 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3289 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY INVENTORY OF IVAN KAPULAR Defendant, Ivan Kapular, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant, Ivan Kapular, verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. A IVAN KAPUY AR, Defendant ASSETS OF THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages: (X) 1. Real property (X) 2. Motor vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits--severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) 2 (X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (X) 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) (X) 26. Other 3 MARITAL PROPERTY Defendant, Ivan Kapular, lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: ITEM DESCRIPTION OF NAMES OF ALL VALUE NUMBER PROPERTY OWNERS 1. Marital Residence - 712 Manor Ivan Kapular $150,000 Road, Camp Hill, PA 17011 Sanela Kapular 2. Checking Account at PA Central Ivan Kapular $0.64 Credit Union 01/01/09 3. Savings Account at PA Central Ivan Kapular $10.56 Credit Union 01/01/09 4. Checking Account at PA Central Ivan Kapular $0.00 Federal Credit Union (closed Sanela Kapular Account closed as of 12/13/07) date of separation 5. Savings Account at PA Central Ivan Kapular $0.00 Federal Credit Union (closed Sanela Kapular Account closed as of 12/13/07) date of separation 6. 1999 Dodge Ram Ivan Kapular $2,000.00 Husband's Estimate of Value 7. 2001 Volkswagen Golf Sanela Kapular $5,000.00 Husband's Estimate of Value 8. Ames True Temper, Inc. Ivan Kapular $6,225.01 Retirement Savings and 01/01/09 Investment Plan (401(k)) 4 9. Ames True Temper, Inc. Pension Ivan Kapular $354.18 per month Plan (non-contributory defined as of normal benefit plan)' retirement date (03/01/36) 10. Household effects and personalty Ivan Kapular Unknown Sanela Kapular 11. Husband's Tools Ivan Kapular $2,000.00 12. Term Life Insurance through Ivan Kapular $0.00 Husband's employer Ames True Term Policy Temper, Inc. Plan frozen for salary increases and benefit service as of May 31, 2008. NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: ITEM NUMBER DESCRIPTION OF REASON FOR VALUE PROPERTY EXCLUSION 1. Clothes Dryer Purchased by Husband $299.00 after date of separation 2. Citizens Bank Business Opened by Husband after $0.00 Checking Account date of separation Husband believes the account is closed 3. Citizens Bank Circle Gold Opened by Husband after $0.00 Savings Account date of separation Husband believes the account is closed 4. Citizens Bank Circle Gold Opened by Husband after $0.00 Checking with Interest date of separation Husband believes the Account account is closed PROPERTY TRANSFERRED ITEM NUMBER DESCRIPTION OF PROPERTY DATE OF TRANSFER PERSON TO WHOM TRANSFERR ED CONSIDERATIO N LIABILITIES ITEM NUMBER DESCRIPTION OF NAMES OF ALL NAMES OF AMOUNT PROPERTY CREDITORS ALL OF DEBT DEBTORS AT DATE OF SEPARATIO N 1 Mortgage on Marital PNC Mortgage Ivan Kapular $97,321.91 Property (formerly National Sanela Kapular 01/01/09 City Mortgage) 2 Marital Credit Card PA Central Federal Ivan Kapular $9,715.11 Debt Credit Union Sanela Kapular 01/01/09 3 Loan from Ames True Diversified Ivan Kapular $4,799.78 Temper 401(k) Investment Advisors 01/01/01 DATE: 19- 1S log ANDREW J. ENDER, ESQUIRE PA Supreme Court ID # 205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax Attorney for Defendant STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID# 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant. ANDREW J. BENDER, ESQUIRE PA Supreme Court ID# 205763 61 West Louther Street Carlisle, PA 17013 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3289 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE The undersigned does hereby certify that on the lk R- day of Dec 6&r 2009, a true and correct copy of the foregoing was served upon the following person(s), in accordance with the Pennsylvania Rules of Civil Procedure and local rules, by forwarding same via U.S. Postal Service, regular mail, postage pre-paid: Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 DATE: tg d9 C_Aj4___k AND W J. B NDER, ESQUIRE PA Supreme Court ID # 205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax Attorney for Defendant 9 tLE l.s -crM'` t'T THE 2009 DEC 1€3 IIIM h: 08 STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID# 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant. ANDREW J. BENDER, ESQUIRE PA Supreme Court ID# 205763 61 West Louther Street Carlisle, PA 17013 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3289 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PRE-TRIAL STATEMENT OF DEFENDANT. IVAN KAPULAR. PURSUANT TO Pa.R.C.P.1920.33(b) LIST OF MARITAL ASSETS 1. REAL PROPERTY A. Marital Residence 712 Manor Road Camp Hill, PA 17011 Property subject to mortgage with PNC Mortgage (formerly National City Mortgage) Defendant estimates value as of date of separation, January 1, 2009 to be $150,000.00 Defendant estimates equity value as of date of separation, January 1, 2009 is $47,428.09 II. PERSONALTY A. 1999 Dodge Ram 1500 Title to vehicle is in Defendant's name Defendant's estimate of value as of date of separation, January 1, 2009 $2,000.00 B. 2001 Volkswagen Golf Title to vehicle is in Plaintiff's name Defendant's estimate of value as of date of separation, January 1, 2009 $5,000.00 hh, C. Household Effects Value as of date of separation, January 1, 2009 Unknown D. Husband's Tools Defendant's estimate of value as of date of separation, January 1, 2009 $2,000.00 III. BANK ACCOUNTS A. PA Central Federal Credit Union Checking Account Ownership of account is in Defendant's name Value of account on date of separation, January 1, 2009 $0.64 B. PA Central Federal Credit Union Savings Account Ownership of account is in Defendant's name Value of account on date of separation, January 1, 2009 $10.56 IV. RETIREMENT ASSETS A. Ames True Temper, Inc. Retirement Savings & Investment Plan 401(k) through Defendant's Employer Loan of $5,000.00 taken from account September 29, 2008 to pay marital expenses and provide training to Defendant to enable him to seek a second job $1,000.00 of loan proceeds taken by Plaintiff without Defendant's approval Value of account on date of separation, January 1, 2009 $6,255.01 B. Ames True Temper, Inc. Pension Plan Defined Benefit Plan through Defendant's Employer Account frozen for increase in service years and salary increases May 31, 2008 Monthly benefit as of normal retirement date (April 1, 2036) is $354.18 LIST OF NON-MARITAL ASSETS 1. BANK ACCOUNTS A. Citizens Bank Business Checking Account Ownership of Account is in Defendant's name Account opened post-separation Account closed on October 30, 2009 B. Citizens Bank Circle Gold Checking with Interest Account Ownership of Account is in Defendant's name Account opened post-separation 2 c- Defendant believes the account was closed in October 2009. Defendant has requested verification of the closing of the account from the financial institution, but to date, has not received same. Defendant reserves the right to introduce as an exhibit documentation indicating that the account was closed. C. Citizens Bank Circle Gold Savings Account Ownership of Account is in Defendant's name Account opened post-separation Defendant believes the account was closed in October 2009. Defendant has requested verification of the closing of the account from the financial institution, but to date, has not received same. Defendant reserves the right to introduce as an exhibit documentation indicating that the account was closed. II. PERSONALTY A. Clothes Dryer Purchased by Husband Post-Separation (December 2, 2009) $299.99 EXPERT WITNESSES None planned at this time. However, Defendant reserves the right to call an expert witness(es) if necessary. WITNESSES 1. Defendant, Ivan Kapular 712 Manor Road Camp Hill, PA 17011 2. Any witnesses listed on Plaintiff's Pre-trial Statement 3 EXHIBITS Copies of the exhibits Defendant intends to introduce into evidence at the time of trial are collectively attached hereto as Exhibit "A". Exhibits exceeding three (3) pages are not attached, but are described pursuant to Pa.R.C.P. 1920.33(b)(4). Dl. Tax Assessment Report from Cumberland County online tax assessment database. D2. NADA Guides Vehicle Pricing & Information Report for vehicles similar to Plaintiff s. D3. Correspondence from Latisha Schools, Member Product Representative at PA Central Federal Credit Union detailing Defendant's various bank and credit accounts at PA Central Federal Credit Union and providing account balances as of the date of separation, January 1, 2009. D4. Statement of account for Defendant's PA Central Federal Credit Union bank checking and savings accounts as of January 1, 2009. D5. Account statement for Defendant's Ames True Temper, Inc. Retirement Savings & Investment Plan (401(k)) account, and the loan taken therefrom, for the period January 1, 2009 through March 31, 2009. D6. Summary of account for Defendant's Ames True Temper, Inc. Retirement Savings & Investment Plan (401(k)) account, and the loan taken therefrom, as of October 14, 2009. Defendant reserves the right to introduce documentation indicating a more current account balance if it is available at the time of trial. D7. Benefit statement for Defendant's Ames True Temper, Inc. Pension Plan D8. Correspondence from Isabella M. Alexander, Manager, Retirement Planning for Ames True Temper, Inc. dated October 15, 2009 detailing Defendant's retirement benefits through his employer. D9. Account statement for Defendant's PA Central Federal Credit Union VISA Account detailing balance of account as of January 2009. D10. Account statement for Defendant's Citizens Bank Business Green Checking Account indicating that the account was closed on October 30, 2009. D11. Account statement for Defendant's Citizens Bank Circle Gold with Interest Checking Account and Circle Gold Savings Account for the period September 25, 2009 through October 26, 2009 detailing the account balances as of those times. D 12. Receipt from The Home Depot for the clothes dryer purchased by Defendant on December 2, 2009. 4 D13. Correspondence from Jennifer A. Duffy, Human Resource Manager, Carlisle Distribution Center, Ames True Temper, Inc. detailing Defendant's term life insurance benefits through his employer. D14. Beneficiary Designation Form for Defendant's Ames True Temper, Inc. Retirement Savings & Investment Plan. D15. Summary Plan Description for Ames True Temper, Inc. Pension Plan detailing the benefits and terms under which the Defendant will receive his pension benefits. (Exhibit not attached as it exceeds three (3) pages.) D16. Summary Plan Description effective February 1, 2007 for the Ames True Temper, Inc. Retirement Savings & Investment Plan detailing the benefits and terms under which the Defendant receives his 401(k) retirement benefits. (Exhibit not attached as it exceeds three (3) pages.) D17. Notice of amendments to Ames True Temper, Inc. Retirement Savings & Investment Plan effective June 1, 2008 and January 1, 2009. D18. Defendant intends to introduce pay statements for calendar year 2009 from his employer Ames True Temper, Inc. Defendant is in possession of pay statements covering the period January 1, 2009 through October 16, 2009. These pay statements are not attached as they exceed three (3) pages. Defendant has requested from his employer pay statements from October 16, 2009 to present, but to date, has not received same. Defendant reserves the right to introduce these pay statements at the time of trial. D19. Defendant has requested a summary of his 2009 earnings from his employer Nedeljko Gunjak, Inc., but to date, has not received same. Defendant reserves the right to introduce the documentation provided by the employer at the time of trial. D20. Defendant intends to introduce at the time of trial documentation indicating the amount owed on the mortgage as of the date of separation. Defendant has requested this information from the mortgage company, but to date, has not received same. Defendant reserves the right to introduce this information at the time of trial, and will provide a copy of same to counsel for Plaintiff upon receipt. D21. Defendant intends to introduce at the time of trial documentation indicating the amount he has paid on the PA Central Federal Credit Union VISA Account from the date of separation, January 1, 2009, to present. Defendant is not in possession of the exact total amount of the payments at this time. Defendant reserves the right to introduce documentation showing the exact amount of these payments at the time of trial. 5 GROSS INCOME Defendant typically works seven (7) days per week for two (2) separate employers, Ames True Temper, Inc. and Nedeljko Gunjak, Inc. Defendant is employed by Ames True Temper, Inc. as a Lead Distribution Operator at the company's Carlisle Distribution Center. Defendant earns $18.14 per hour and works five (5) days per week for a total of forty (40) hours per week. Defendant has worked overtime in the past, however, his overtime hours have been severely limited in 2009 due to the economic downturn. Defendant is paid biweekly. Earnings and deductions are as follows: $1,451.20 Gross biweekly wages: ($82.65) Federal Income Taxes ($40.24) State Income Taxes ($0.87) PA Unemployment ($81.33) Social Security (Employee Portion) ($19.02) Medicare ($14.42) Local Taxes (Carlisle Area) ($6.55) Local Taxes (Dickinson) ($44.37) Automatic Deduction to repay 401(k) loan ($43.54) 3% matching contribution to 401(k) ($6.95) Dental Insurance for Defendant, Plaintiff and children ($6.78) Vision Insurance for Defendant, Plaintiff and children ($126.72) Medical Insurance for Defendant, Plaintiff and children 1.08 Term Life Insurance through Employer $976.68 NET BIWEEKLY INCOME Defendant, who holds a commercial driver's license, also works a second job an additional two (2) or three (3) days per week as a truck driver for Nedeljko Gunjak, Inc., 228 Hogestown Road, Mechanicsburg, PA 17050. He is considered an independent contractor, and as such, does not have deductions taken out of his pay. Defendant's is paid according to mileage driven, and his income from this employer varies greatly due to the route he is assigned and the demand the employer has for his services. To the best of Defendant's knowledge he averages approximately $390.00 from this employer biweekly. Defendant has requested a summary of his 2009 earnings from this employer, but to date, has not received same. Defendant reserves the right to introduce the requested wage history information as an exhibit at the time of trial. In addition to his income from Ames True Temper, Inc. and Nedeljko Gunjak, Inc., Defendant had income from unemployment compensation in 2009. Defendant was laid off for four (4) weeks in August and three (3) weeks in December. During this time he received unemployment compensation in the amount of $509.00 per week for seven weeks. Total unemployment compensation received is $3,563.00. A copy of the parties' most recent 2008 Federal and Pennsylvania income tax returns and paystubs is attached hereto as Exhibits "B" and "C", respectively. The most recent paystubs in Defendant's possession, dated October 16, 2009 is attached hereto as Exhibit "D". Defendant has requested his employer provide him with copies of his paystubs for the period October 16, 6 2009 through present, but to date, has not received same. Defendant reserves the right to provide these paystubs and introduce them as exhibits at the time of trial. RETIREMENT BENEFITS Ames True Temper, Inc. Retirement Savings & Investment Plan (401(k) account through Defendant's employer) • Value of plan as of date of separation, January 1, 2009, is $6,255.01 • Defendant concedes that the 401(k) is entirely marital property as of January 1, 2009, and that any gains and/or losses as of that time are subject to equitable distribution. • Defendant asserts that all contributions and gains and/or losses thereon after January 1, 2009 are not marital property subject to equitable distribution. • In support of the valuation, Defendant encloses correspondence from Isabella M. Alexander, Manager of Retirement Planning for Ames True Temper, Inc. dated October 15, 2009, an account statement for the period January 1, 2009 through March 31, 2009 and an account summary as of October 14, 2009 as Exhibits "E", "17" and "G", respectively. 2. Ames True Temper, Inc. Pension Plan (defined benefit, non-contributory pension through Defendant's employer) • Value of plan as of date of normal retirement date, April 1, 2036 is $353.00 per month o No actuarial valuation of this account has been made • The pension benefit was frozen for salary increases and length of service as of May 31, 2008 • Defendant concedes that the pension is entirely marital property • In support of the valuation, Defendant encloses correspondence from Isabella M. Alexander, Manager of Retirement Planning for Ames True Temper, Inc. dated October 15, 2009 and a benefit statement as Exhibits "E" and "H", respectively. COUNSEL FEES Defendant, through his former counsel, has made a claim for counsel fees, costs and expenses. At this time, Defendant does not anticipate pursuing this claim at the time of trial. 7 DISPUTES AS TO PROPERTY AND VALUES OF PROPERTY As of the time required to file the instant Pre-Trial Statement, Defendant is aware of only one dispute as to a particular item of property, Plaintiff's 2001 Volkswagen Golf. Plaintiff contends that the vehicle is non-marital property which was a gift from Plaintiff's father. Defendant believes the item is marital property. Defendant does not dispute that the vehicle was paid for by Plaintiff s father and that the vehicle was originally titled in Plaintiff's and Plaintiff s father's names. However, Defendant believes the item should be considered marital property as, at the time the vehicle was purchased, Plaintiff's father resided with Plaintiff and Defendant. Defendant's income wholly supported Plaintiff's father, Plaintiff, the Defendant and the parties' children. The vehicle was purchased in order to provide Plaintiff with transportation when Defendant's vehicle was unavailable during times when Defendant was working. As such, Defendant's position is that the vehicle was a contribution by Plaintiff's father to the parties' marriage, and should be considered marital property subject to equitable distribution. Defendant believes the value of the vehicle is $5,125.00 based upon the average trade-in value obtained from NADA Guides, which is attached hereto as an exhibit. Defendant is unaware if there are disputes as to any other particular items of property or values of property. MARITAL DEBTS MORTGAGES A. PNC Mortgage (formerly National City Mortgage) Mortgage in name of Plaintiff and Defendant Mortgage used to purchase marital residence Balance of mortgage as of date of separation, January 1, 2009 ($97,321.91) Payments since date of separation, January 1, 2009 Defendant makes monthly payments toward the mortgage and escrow of real estate taxes and homeowner's insurance in the amount of $810.00 per month. Therefore, as of the date this Pre-Trial Statement was filed Defendant will have made twelve (12) payments totaling $9,720.00. II. CREDIT CARDS A. PA Central Federal Credit Union VISA Account is in the name of Defendant Account used to pay marital expenses Balance of account as of date of separation, January 1, 2009 ($9,715.11) Defendant believes he has made total payments since January 1, 2009 in the amount of $2,400.00. The $2,400.00 represents twelve (12) monthly payments of $200.00 per month. Defendant will attempt to acquire documentation 8 verifying these payments, and reserves the right to introduce this documentation at the time of trial. B. Sears Credit Card Account Account in the name of Defendant Balance of account as of date of separation, January 1, 2009 ($0.00) C. The Home Depot Credit Card Account Account in the name of Defendant Balance of account as of date of separation, January 1, 2009 ($0.00) D. The Home Depot Business Rewards Credit Card Account Account in name of European Craftsmen, L.L.C. Defendant has a card issued in his name which he does not use Defendant Balance of the account, if any, is unknown Unknown III. OTHER MARITAL DEBTS A. Loan from Ames True Temper, Inc. Retirement Savings & Investment Plan Original loan balance of loan on September 29, 2008 was $5,000.00 Loan proceeds used to pay marital expenses and provide Defendant with training that allowed him to obtain a Commercial Driver's License needed for his second job Balance of loan as of date of separation, January 1, 2009 ($4,799.78) Payments since date of separation, January 1, 2009 $44.37 automatically deducted from Defendant's pay biweekly X 52 weeks since January 1, 2009 $2,307.24 Total payments post-separation PROPOSED RESOLUTION Defendant proposes a 60% Plaintiff, 40% Defendant division of the marital assets. Defendant requests a credit for Plaintiff's share of any marital debt which Defendant assumes, and a credit for any marital debt which has been paid by Defendant post-separation. Defendant proposes that Plaintiffs claim for alimony be denied. Defendant asserts that Plaintiff engaged in marital misconduct during the marriage and post-separation in the form of mental abuse which should bar her claim for alimony. Throughout the marriage the Plaintiff sought numerous unfounded Protection From Abuse Orders and made repeated false reports to law enforcement in order to improperly exclude Defendant from the marital residence. During the marriage, and prior to the time the parties' minor child developed leukemia, the Plaintiff 9 i steadfastly refused to look for gainful employment which would have aided Defendant in supporting the family financially. As such, Defendant was forced to work two (2) jobs, seven (7) days per week in order to meet the family's financial obligations. During the marriage, and continuing post-separation, Defendant would at times attempt to discuss substantive marital issues like financial affairs and making the parties' household expenses more manageable. Whenever Defendant raised these issues, the Plaintiff would scream at the Defendant and make threats that she would call the police and have Defendant excluded from the marital residence again if the Defendant did not pay all bills and meet Plaintiff's financial demands. Plaintiff will even scream at Defendant if he attempts to speak with his children, discuss the party's youngest child's serious medical condition or take the children out of the household to attempt to engage in the normal father/son relationship which he cannot have with them in the household due to Plaintiff's abusive behavior. Rather than obtain employment to assist in meeting household obligations and expenses, the Defendant persisted in a course of conduct consisting of constant yelling, threats to call police, punching of walls and throwing of items such as bottled water which was designed to bully Defendant into meeting Plaintiff s financial demands. This abuse began during the marriage and has continued through the present. Plaintiff and Defendant reside in the same household to this date. Defendant was excluded from the marital residence for a time in 2007 due to a Protection From Abuse Order. During this time the Plaintiff sought child support which was awarded to her. However, Plaintiff's financial irresponsibility allowed the mortgage payments to fall three (3) months delinquent, and Defendant was forced to use his credit card account at PA Central Federal Credit Union to bring it current. Defendant cannot move out of the marital residence for fear that the Plaintiff will allow this to happen again. The mental abuse has become so pervasive and unbearable that Defendant is forced to use only two (2) rooms in the house, his bedroom and the bathroom. If Defendant attempts to use the kitchen or laundry facilities it inevitably leads to another shouting tirade from the Plaintiff. Defendant proposes that Plaintiff's claim for alimony pendente lite, counsel fees, costs and expenses be denied. In addition to those reasons set forth above, Defendant asserts that Plaintiffs claim for alimony pendente lite, counsel fees, costs and expenses be denied because Plaintiff, who is not employed, would likely qualify for free legal aid. Rather than attempt to secure counsel at a limited or no fee, Plaintiff retained a private attorney. As such, Defendant believes that Plaintiff has the financial resources available to her to fund the instant action. Defendant believes these are funds which belonged to Plaintiffs father prior to his death, and which Plaintiff accesses by using a VISA debit card. Plaintiff also has had funds available to support her legal fees during the marriage in the form of moneys she took from the parties' joint account without consulting Defendant, and moneys she received in 2008 in the form of a tax refund after she forged Defendant's name to the parties' tax returns and submitted them to the IRS without Defendant's knowledge. 10 DATE: ?t dq Respectfully submitted, -61MPS? ANDREW J. ENDER, ESQUIRE Attorney for Defendant PA Supreme Court ID #205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax 11 EXHIBIT "A" raxDB Result Details http://taxdb.ccpa.net/details.asp?i d=09-18-1304-094.&dbselect=l Detailed Results for Parcel 09-18-1304-094. in the 2004 Tax Assessment Database DistrictNo 09 Parcel ID 09-18-1304-094. Mapsuffix House No 712 Direction Street MANOR ROAD Owned KAPULAR, IVAN & SANELA C/O PropType R PropDe sc LivArea 1227 CurLandVal 31960 CurlmpVal 103530 CurTotVal 135490 CurPrefVal Acreage .39 CIGrnStat TaxEx 1 SaleAmt 133000 SaleMo 06 SaleDa 16 SaleCe 20 SaleYr 03 DeedBkPage 00257-02975 YearBlt 1958 HF ]File -Date 12/28/2004 HF Approval_Status A DI I of 1 10/22/2009 8:52 AM ;urnmary Used Sedans 2001 Volkswagen Golf-4 Cyl.-5 Spd. Hatchback 4D GLS PRICING Base Price http: //www.nadaguides.com/print.aspx?LI=1-21-1-5014-710-1254-61... $2,750 $3,550 $4,200 $6,200 Mileage 37,000 miles $1,575 $1,575 $1,575 $1,575 Options TOTAL PRICE $4,325 $5,125 $5,775 $7,775* Rough Trade-In The Rough Trade-in values on nadaguides.com are meant to reflect a vehicle in rough condition. A vehicle with significant mechanical defects requiring repairs in order to restore reasonable running condition; Paint, body and wheel surfaces have considerable damage to their finish, which may include dull or faded (oxidized) paint, small to medium size dents, frame damage, rust, or obvious signs of previous repairs; Interior reflects above average wear, with inoperable equipment, damaged or missing trim, and heavily soiled /permanent imperfections on the headliner, carpet, and upholstery; May have a branded title and un-true mileage; Vehicle will need substantial reconditioning and repair to be made ready for resale; Some existing issues may be difficult to restore. Because individual vehicle condition varies greatly, users of nadaguides.com may need to make independent adjustments for actual vehicle condition, Average Trade-In The Average Trade-In values on nadaguides.com are meant to reflect a vehicle in average condition. A vehicle that is mechanically sound but may require some repairs/servicing to pass all necessary inspections; Paint, body and wheel surfaces have moderate imperfections and an average finish and shine which can be improved with restorative repair; Interior reflects some soiling and wear in relation to vehicle age, with all equipment operable or requiring minimal effort to make operable; Clean title history; Vehicle will need a fair degree of reconditioning to be made ready for resale. Because individual vehicle condition varies greatly, users of nadaguides.com may need to make independent adjustments for actual vehicle condition. Clean Trade-In The Clean Trade-In values on nadaguides.com are meant to reflect a vehicle in clean condition. A vehicle with no mechanical defects and passes all necessary inspections with ease; Paint, body and wheels have minor surface scratching with a high gloss finish and shine; Interior reflects minimal soiling and wear, with all equipment in complete working order; Vehicle has a clean title history; Vehicle will need minimal reconditioning to be made ready for resale. Because individual vehicle condition varies greatly, users of nadaguides.com may need to make independent adjustments for actual vehicle condition. T2 I of 2 12/17/2009 6:44 PM Swrunary Used http: //www .nadaguides.com/print.aspx?LI=1-21-1-5014-710-1254-61... Clead Retail The Clean Retail values on nadaguides.com are meant to reflect a vehicle in clean condition. A vehicle with no mechanical defects and passes all necessary inspections with ease; Paint, body and wheels have minor surface scratching with a high gloss finish and shine; Interior reflects minimal soiling and wear, with all equipment in complete working order; Vehicle has a clean title history. Because individual vehicle condition varies greatly, users of nadaguides.com may need to make independent adjustments for actual vehicle condition. The consumer values on nadaguides.com are based on the Consumer edition of the NADA Official Used Car Guide ®, and should not be utilized for industry purposes. The consumer values may vary from the NADA Official Used Car Guide values presented to you by insurance companies, banks, credit unions, government agencies and car dealers due to vehicle condition, regional market differences and frequency of updates. Z of 2 12/17/2009 6:44 PM ©Copyright 2009 NADAguides.com. All Rights Reserved ©NADASC 2009. All Rights Reserved. J MW= PA Central FEDERAL-_ I Fes' _ -_ --_ CREDIT UNION October 19, 2009 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 RE: Sanela Kapular v. Ivan Kapular Cumberland Count, No. 2007-3289 Dear Mr. Andrew J. Bender, Esquire: 959 East Park Drive 5137 Jonestown Road Harrisburg, Pa 17111 Harrisburg, PA 17112 25 West Main Street 1220 East Main Street Shiremanstown, PA 17011 Palmyra, PA 17078 www.pacentralfeu.com 800-356-3875 FAX 717-564-1503 Mr. Kapular had four accounts with PA Central FCU. Two were joint accounts 82090-018 and 82090-078 and the other two were individual accounts 40477-018 and 40477-078. The first account 82090-018 was a savings account, which was a Joint account with Sanela Kapular. The account was opened September 03, 1999 and was closed 12/13/2007. The value as of April 5, 1996 was $0.00 as the account was not opened at that time. The value as of June 4, 2007 was $50.36. The value as of January 1, 2009 was $0.00 as the account was already closed by this date. The second account 82090-078 was a checking account, which was a Joint account with Sanela Kapular. The account was opened September 03, 1999 and was closed 12/13/2007. The value as of April 5, 1996 was $0.00 as the account was not opened at that time. The value as of June 4, 2007 was $38.32. The value as of January 1, 2009 was $0.00 as the account was already closed by this date. The third account 40477-018 was a savings account, which was an individual account for Mr. Kapular only. The account was opened May 30, 2006 and is still currently opened. The value as of April 5, 1996 was $0.00 as the account was not opened at that time. The value as of June 4, 2007 was $53.39. The value as of January 1, 2009 was $10.56. The fourth account 40477-078 was a checking account, which was an individual account for Mr. Kapular only. The account was opened May 30, 2006 and is still currently open. The value as of April 5, 1996 was $0.00 as the account was not opened at that time. The value as of June 4, 2007 was $796.85. The value as of January 1, 2009 was $.64. Mr. Kapular also has a Credit Card with PA Central FCU. The card number is 4109-7300-0006-6542. This card was opened on October 04, 2000 in his name only and is still currently open. The balance as of April 5, 1996 was $0.00 as the card was not opened at that time. The balance as of June 4, 2007 was $1231.49. The balance as of January 1, 2009 was $9715.11. If you need any further information or have any questions, please do not hesitate to contact me at 1-800- 356-3875, extension 120. Sincerely, Latisha Schools Member Products Representative ?` -',?? '?- -- . ?t Y?Z A? N ?, m? m?? A Y ? 9 ? FqN 'flOm ?, yAy..?? NGAm ? r+m r -? y{ T N C O 'TI A P S ?p 5 V ?we? A? N _ ` {{$ ? . r `n f ?????{fifip Or iii O ? ",. O m p i }}. w `? ro p ?i ?. J T }} (1?( O ? O ?? ~ ?6 ?'A w 9:- -. 'a 5.?, 1p 'y? ??,, i i Z ?,0? OOQ1..:? ? 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Lc o63 c c ? _ E y` R' ' ° o o m ro ¢ a c E c ? 3 La a ?. = m o> c o m E m 8 a =o m3wy ?y o ° Q= m m °? c a c o ? mjcpa ° . i '? • o- . ?$cy . 3 ??m=,?oo U e y c=°n , 0 ? ? ? o a°?' c o°a cc ` m S mw m a o E n o ? n ate, " a p y Q, 2] y c p cn m o `z E m % w m Q, q, c m ts 'n c E m ;; y Z °' E oa c m •- E c '• N °o.N. Q c to m $ v ° m " c o S U m 'n r o z m m c , w m ' - ?v o O a c lb ' QR c c ate 2- as C m° V m S O O y y? - m U° c a `> ° m S m a y c... w m a?? .c Eo m? ; C O d ?? N C ?` C C N +.' O 0 O ??jj U O O 0 r •G E' Os oo Q m h, l E m N a o o D C • ° h .,• O N ?. • m of U G O m 0 ?? N° _ C1 E v r a o o c C O a _R?l V1 c Q° y o c m cc E G 3 t o y o c c Z s o ai 1-0 c° ° n °° m E cmi, n y m S q, 1372 1021 P3STMTB IVAN KAPULAR 712 MANOR ROAD CAMP HILL, PA 17011 co rn 0 rn r t° Summary for'IVAN KAPULAR Date of Birth: 03/08/1971 Gender: N/A Marital Status: N/A Address: PO BOX 386 Address Status: Deliverable CAMP HILL, PA, 17011 Daytime Phone: (717) 303-2032 Evening Phone: N/A Email: N/A Plan Name: AMES TRUE TEMPER RETIREMENT SAVINGS & INVESTMENT PLAN Employer Name: AMES TRUE TEMPER, INC. Account/Affiliate: QK62269 00001 Plan Type: 401(k) PLAN Date of Hire: 02/02/2001 Plan Entry Date: 02/02/2001 Date of Termination: N/A Rehire Date: N/A Date of Death: N/A Last Statement: 09/30/2009 VRU Access: ENABLED Diversified Direct Access: ENABLED a' a-7-•;°- i•`. ".. /?. ? elf--' 'y a<ii.,G..L,u_.s-?5,. _ r" ? .-:?t? ??"c'-, 4_ id,... _...1 . .°"9k97°"''.°?''^.F' .,.,...a,. W-- ? ...._-`_ __?:..c. ??,.i...,.?.? ? ? .. a. -?..?x,?-+,,?. As of Date: 10/1412009 Account Balance: $8,787.17 Vested Balance: $8,787.17 Balance By Source Source Name Pre-Tax Safe Harbor Match Balance By Fund Fund Name Short Bonds/Stable/MMkt Vested Percentage 100% 100% 100% Percentage alancs Vested Balance $6,887.11 $797.02 $1,103.04 Number of Units Total Balance $6,887.11 $797.02 $1,103.04 Unit Value Dvfd Stbl Pooled 100.00% $8787.17 644.915590 $13.625300 Interm./Long-Term Bonds Loomis Inv Gr Bd 0.00% $0.00 0.000000 $0.000000 TAP Instl Ttl Rt Bd 0.00% $0.00 0.000000 $0.000000 Aggressive Bonds TAP Instl High Yld 0.00% $0.00 0.000000 $0.000000 Large-Cap Stocks Amer Beac LgCap Val 0.00% $0.00 0.000000 $0.000000 Columbia Val & Rst 0.00% $0.00 0.000000 $0.000000 TAP Instl Lrg Value 0.00% $0.00 0.000000 $0.000000 Amer Fds Fdmntl 0.00% $0.00 0.000000 $0.000000 Black Rck LgCap Cr 0.00% $0.00 0.000000 $0.000000 Amer Fds Grwth Fd 0.00% $0.00 0.000000 $0.000000 MFS Core Growth 0.00% $0.00 0.000000 $0.000000 Small/Mid-Cap Stocks Victory Spec Val 0.00% $0.00 0.000000 $0.000000 TA Prem Growth 0.00% $0.00 0.000000 $0.000000 Keeley SmCap Val 0.00% $0.00 0.000000 $0.000000 Tchstone SmCap Val 0.00% $0.00 0.000000 $0.000000 Frst Amer RI Estate 0.00% $0.00 0.000000 $0.000000 International Stocks Amer Fds Cap G&I 0.00% $0.00 0.000000 $0.000000 Amer Fds Europac 0.00% $0.00 0.000000 $0.000000 Multi-Asset/Other 1)6 TA Pre;;; Balanced 0.00% $0.00 0.000000 $0.000000 .4lianz Tech 0.00% $0.00 0.000000 $0.000000 MFS Utilities 0.00% $0.00 0.000000 $0.000000 Personal Choice 0.00% $0.00 0.000000 $0.000000 T Rowe RA 2015 0.00% $0.00 0.000000 $0.000000 T Rowe RA 2020 0.00% $0.00 0.000000 $0.000000 T Rowe RA 2025 0.00% $0.00 0.000000 $0.000000 T Rowe RA 2030 0.00% $0.00 0.000000 $0.000000 T Rowe RA 2035 0.00% $0.00 0.000000 $0.000000 ' !CcJ-.a...r.rAu! i .. .e...+ .. _ ..w... ... .... sss .,. _. i., _ .. S+?. .. _,. .,. v. 1. a .. ,. ... ?_,., . Total Outstanding Loan Balance: $4,201.52 Hardship Withdrawal Amount Available: $3,603.33 Loan Amount Available: $2,302.20 Non-Hardship Withdrawal Amount Available: $0.00 a Payroll Deduction Source Current Deductions Last Change Method Last Change Date Pre-Tax 3.0% N/A 09/29/2008 otal: 3.0% Min - Max: 0.0% - 100.0% }T Loan Number - 20080929900511 Loan Issue Date: 09/29/2008 Loan Duration: 5.0 Original Loan Amount: $5,000.00 Loan Status: ACTIVE-BALANCE OUTSTANDING Interest Rate: 6.0% Last Repayment Received: 10/02/2009 Repayment Amount $44.37 Next Scheduled Repayment: 09/30/2009 Repayment Frequency: BI-WEEKLY Maturity Date: 10/09/2013 Loan Payoff Amount: $4,208.90 Conversion Loan: No Re-amortization Date: N/A Service Name Status Effective Date INVESTMENT MATERIALS Not Subscribed N/A RETIRE TRACK Subscribed N/A AUTO REBALANCE Not Subscribed N/A DEFERRAL SAVXPRESS Not Subscribed N/A E-CONFIRM Not Subscribed N/A E-STATEMENT Not Subscribed N/A PORTFOLIO XPRESS Not Subscribed N/A AMES-_ MEW E hmvY2Wvs Lsndscspa Prudarrs Oncs Inn October 15, 2009 Allied Attorneys of Central Pa, L.L.C 61 West Louther Street Carlisle, PA 17013 Attn: Andrew J. Bender, Esquire RE: Ames True Temper, Inc. Pension Plan - ATT Formula (Pension Plan) Ames True Temper Retirement Savings & Investment Plan (401k Plan) Sanela Kapular v. Ivan Kapular Cumberland County, NO 2007-3289 Dear Mr. Bender, This letter is in response to your inquiry addressed to Jennifer Duffy dated October 9, 2009 regarding the above referenced matter. This letter will address items numbered 5. and 6. respectively. According to our records, Ivan Kapular was employed with Ames True Temper as of February 2, 2001. Any information requested prior to that date is not applicable. As an employee, Mr. Kapular was eligible to participate in the Ames True Temper, Inc. Pension Plan (Pension Plan) a non-contributory defined benefit plan, after completing 1000 hours of work in a 12 month period. He vested in any accrued benefit the first of the month after completing five (5) years of service March 1, 2006.. In order to calculate a benefit as of a specific date, i.e., date of separation or date of distribution of marital assets, a specific date must be provided and an actuary would need to be retained to calculate the benefit. Or, the marital fraction formula could be used to calculate the spousal benefit based on the number of months married over the number of months employed. However, I can provide you with some information. Enclosed is a copy of the Summary Plan Description (SPD) for the Pension Plan. Please note that the Plan was frozen for benefit service and salary increases as of May 31, 2008. The enclosed SPD has not yet been updated to reflect the Pension Plan freeze. But, the document does provide you with information regarding the basics of the Pension Plan. Also enclosed is a copy of the benefit statement provided to Mr. Kapular as of the Pension Plan freeze date. This benefit will be payable to him monthly beginning as of his normal retirement date, March 1, 2036. The earliest commencement date under the Pension Plan is the I't of the month after age 55; March 1, 2026 however, the benefit would be reduced for early commencement. A review of the Ames True Temper Retirement Savings and Investment Plan (401k) Plan indicates that Mr. Kapular is a participant in the 401k Plan. I have enclosed an information sheet which shows his account balance and vesting status as of the date of this letter. The information sheet also includes D8 Andrew J. Bender, Esquire October 15, 2009 Page 2 information on one outstanding loan Mr. Kapular has as of this date. Loan repayments are made biweekly along with employee and employer contributions on a per pay period basis. The Employer Contribution is 100% of the 1" 3% deferred and 50% of the next 2% deferred. Since Mr. Kapular is currently contributing at 3%, he would receive a 3% employer match. I have also enclosed a copy of his current beneficiary designation form. Due to recent changes to the 401 k Plan, an updated SPD is not available. It is being drafted due to the changes made & submission for IRS determination of the 4011 Plan. Statements are not maintained by the employer. As a participant, Mr. Kapular has the ability to go to the record keeper's website to print the last four quarterly statements. Should you require those documents, he can provide them to you. If prior statements are needed, the record keeper, Diversified Investment Advisors can be contacted at 800-755-5801. They became the record keeper as of February 2007. Statements prior to that date must be requested from the participant or from the prior record keeper in writing. If you are requesting a hold placed on either of the accounts in question, you should contact me or the record keeper at the number provided above and they will advise what documentation is needed. If a Domestic Relations Order (DRO) will be filed, you, or the attorney ordered to draft the DRO, should contact Diversified Investment Advisors to obtain model orders for review for both the Pension and 401k Plans and procedures on how to submit the drafts for review and approval prior to filing with the courts. I trust this information will be of assistance to you. If you would like to contact me directly for additional information regarding the Pension or 40k Plans, my mailing address and direct phone number are noted below. Sincerely, Isabella M. Alexander Manager, Retirement Planning 800-833-3068 Ext. 2508 Enclosures cc: Ivan Kapular w/ enclosures 465 Railroad Avenue - Camp Hill, PA 17011 081745 4202 4000 4000 4000 4000 4000 PA CENTRAL FED CU 959 EAST PARK DR HARRISBURG PA 17111-2810 Closing Date 01/09/09 IVAN KAPULAR 712 MANOR RD CAMP HILL New Minimum Balance Payment 9715.11 195.00 PA 17011-1717 19 4109 7300 0006 6542 00019500 00971511 3 Closing Card Number Credit Date Limit 01/09/09 4109 7300 0006 6542 10000 Reference Number MCC Date Date Code Posted Trans ------------------------------ PAYMENTS, A 74109738365001530101952 0000 12 30 12 30 Payment Date 02/03/09 VISA 012104.01.01 4109 7300 0006 6542 PENNSYLVANIA CENTRAL FCU PO BOX 4519 CAROL STREAM IL 60197-4519 CUSTOMER SERVICE Credit PO BOX 30495 Avail TAMPA FL 33630 284 (800) 433 0505 NATL 800 (800) 356 3875 CARD COORD Description Amount DJUSTMENTS AND OTHERS ------------------------------ PAYMENT - THANK YOU 197.00- SCORECARD EARNINGS SUMMARY AS OF 01/08/09 BEGINNING ENDING BALANCE EARNED ADJUSTED REDEEMED BALANCE 5 0 0 0 5 YOU HAVE EARNED $5.46 IN CASHBACK SO FAR THIS YEAR! * THE TOTAL FINANCE CHARGE PAID ON YOUR ACCOUNT DURING THE PAST YEAR WAS * $ 1270.52 MANAGE YOUR CARD ACCOUNT ONLINE. IT'S FREE! IT'S EASY! SIMPLY GO TO WWW.EZCARDINFO.COM AND ENROLL IN OUR ONLINE SERVICE. YOU CAN REVIEW ACCOUNT INFORMATION, TRACK SPENDING, SET ALERT NOTIFICATIONS, DOWNLOAD FILES, AND MUCH MORE. MANAGING YOUR ACCOUNT IS FAST, SECURE AND EASY WITH EZCARDINFO. ENROLL TODAY! * * * * * * * YOUR SCORECARD PROGRAM EARNING PERIOD HAS ENDED. LOOK FOR YOUR CASHBACK REWARD NEXT MONTH. Avg Daily Balance PURCHASES 3976.01 CASH 5694.50 FEES / FINANCE CHA DAYS IN CYCLE 31 Period Corres Finance Rate APR Charge 1.0750% 12.90% 42.74 1.0750% 12.90% 61.22 AGE 0.00 TOTAL 103.96 Annual Rate Account Summary 12.90% 9808.15 Previous Balance Min Payment 0.00 Purchases 195.00 0.00 Cash Past Due 0.00 Credits 0.00 197.00 Payments Overlimit 0.00 Insurance 0.00 0.00 Other Total Min 103.96 Finance Charge 195.00 9715.11 New Balance FINANCE CHARGE CALCULATION METHOD* CREDIT PURCHASES: G CASH ADVANCE: A 19 Citizens Bank 1-800-862-6200 Call Citizens Phone8ank anytime for account information, current rates and answers to your questions. US102 BR291 IVAN KAPULAR PO BOX 386 CAMP HILL PA 17001-0386 Commercial Account Statement © OF 2 Beginning October 01, 2009 through October 31, 2009 Commercial Checking SUMMARY Balance Calculation Previous Balance 100.00 Checks .00 - Debits 100.00 - Deposits & Credits .00 + Current Balance .00 = TRANSACTION DETAILS Debits Other Debits Date Amount Description 10/30 100.00 Closing Withdrawal Daily Balance Date Balance Date Balance Date Balance 10/30 .00 NEWS FROM CITIZENS --Using a home equity line of credit offers you the flexibility to borrow what you need, when you need it. Home equity loans offer you a fixed rate with predictable monthly payments. And through December 26, 2009, open any new home equity loan or line of credit and receive 112% off your loan and $50 on your new credit card statement*. See a banker today. *One rate reduction per property. Not available on Capped Rate Home Equity Line of Credit(R) or the Line of Credit as part of the Loan/Line Combo product. Checking account required. Minimum annual percentage rates apply. Credit card offer required. --You work hard for your business, and Citizens Bank is here to work hard for you. Reward yourself with special limited time offers that help do more for you, like savings on Merchant Services through RBS WorldPay, Business Credit Card, great rates on Business Term Loans, and more. For more details, call 1-800-4BUSINESS, go to citizensbank.com/moreforbiz or visit your local branch. --Take advantage of an easy, convenient, and affordable way to make business purchases with a Citizens Bank business credit card. Choose from our no-annual-fee Everyday Points Business MasterCard(R), which rewards you for every purchase you make with valuable points that can be redeemed for cash back, merchandise, gift cards, travel, and more. The card comes with expense tracking features plus value-added benefits such as automatic discounts at participating merchants. You will also have the ability to combine points earned on your business and consumer credit and debit cards for greater redemption power! Or, choose our Member FDIC 1? Equal Housing Lender IVAN KAPULAR Business Green Checking 621440-132-3 Previous Balance 100.00 n Total Debits 100.00 n Current Balance .00 Rio 5" Citizens Bank Ai 1-800-862-6200 Call Citizens' Phoneflank anytime for account information, current rates and answers to your questions. Commercial Account. Statement 0 OF 2 Beginning October 01, 2009 through October 31, 2009 Commercial Checking continued from previous page NEWS FROM CITIZENS (continued) Business Platinum MasterCard(R), which offers all the same great features and competitive rates. To learn more about the card that's right for you or to apply, call 1-888=727-5006 or visit your local branch. --RBS World Pay Merchant Services is a smart and affordable way to get your cash faster! Combined with your Citizens Bank business checking account you'll benefit from next day funding of credit and debit card deposits. Additionally, we offer you best-in-ctass customer service, a full range of payment processing products and services including credit, debit, check, gift card programs and 24/7 online account access and reporting. For more information, call 1-800-4 BUSINESS, visit citizensbank.com, or stop by your local branch for details. Don't forget to ask about our promotional offer for new RBS World Pay customers! Terms and conditions apply. --A message for all Citizens Bank MasterCard Business Debit lard customers, you should have received your new Citizens Bank Visa Business Debit Card which replaced your existing MasterCard Business Debit Card. If you have not received your new Visa Business Debit Card, please call us at 1-866-438-9222. To activate your new Visa Business Debit Card call 1-800-527-1800. Or simply use your card at any ATM or merchant and make a PIN-based purchase. IMPORTANT: Your card number and expiration date has changed. If you use your current debit card for recurring payments, we'll make every reasonable effort to ensure your payments are not impacted. To ensure there is no interruption in service, we recommend that you contact your bitters to update your information. IVAN KAPULAR Business Green Checking 621440-132-3 Member FDIC Q Equal Housing Lender ?' Citizens Bank Checking Account Balance Worksheet Customer Service If you have any questions regarding your account or discover an error, call the Before completing this worksheet, lease be sure number shown on the front of your statement or write to us at the following P address: to adjust your checkbook register balance by Citizens Bank • Adding any interest earned Cot m r Service Center Box • Subtracting any fees or other charges Providence, RI 02940-2001 Deposit Accounts Are Non-Transferable Personal deposit accounts, such as CDs and savings accounts, cannot be 1 Your current balance on this statement $ Current Balance transferred to another person or to a corporate entity. Loan Statements 2 List deposits which do not appear on BILLING RIGHTS SUMMARY this statement In Case of Errors or Questions About Your Bill If you think your bill is wrong, or if you need more information about a transaction on your bill, write us at the address shown above as soon as Date Amount Date Amount Possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure O g about. Total of 2 You do not have to pay any amount in question while we are investigating, but O$ Cite are still obligated to pay the parts of your bill that are not in question. we cannot report you as delinquent or take While we investigate your question 3 Subtotal by adding 1 and 2 , action to collect the amount you question n d . y 2 a Subtotal 0 1 an 4 List outstanding checks, transfers, debits, special Rule for Credit Card Purchases POS purchases or withdrawals that do not If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods appear on this statement or services. You have this protection only when the purchase price was more than $50 and the purchase was made in your home state or within 100 miles of your mailing address. (If we own or operate the merchant, or if we mailed you Date/ Date/ the advertisement for the property or services, all purchases are covered Check No. Amount Check No. Amount regardless of amount or location of purchase.) Electronic Transfers In Case of Errors or Questions About Your Electronic Transfers In case of errors or questions about your electronic transfers, telephone us at the number shown on the front of your statement or write us at the address shown above as soon as you can, if you think your statement or receipt is wrongg or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. • Tell us your name and account number (if any). • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. • Tell us the dollar amount of the suspected error. We will investigate your complaint and will correct any error promptly. If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. Finance Charge Calculations for Overdraft Line of Credit Accounts O S Based on Average Daily Balance Computation Method Total of 4 Calculating your Finance Charge We compute your finance charge by multiplying the Average Daily Balance of your account by the Daily Periodic Rate and then multiplying the result by the number O 5 Subtract 4 from 3. This should match our $ y of days in the billing cycle. checkbook register balance Total Colculoting your Average Daily Balance To get the average daily balance, we take the beginning balance of your account each day (which does not include any unpaid finance charges or fees), add any new Overdraft Line of Credit transactions as of the date of those transactions, and subtract any paycents or credits. This gives us the daily balance. Then we ether and divide the total by cle to balances for the billin c il dd ll th d g g y a e a y a the number of days in the billing cycle. This gives us the average daily balance for your account. Negative Information We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Change of Address Please call the number shown on the front of your statement to notify us of a change of address. Thank you for banking with Citizens Bank. Citizens Bank is a division of RBS Citizens, N.A. Citizens Bank of Pennsylvania is a separate bank and not part of RBS Citizens, N.A. Member FDIC tg? Equal Housing Lender Citizens Ban Art Member FDIC 121 Equal Housing Lender •30V Citizens Bank 1-800-773-7373 Call Citizens' special, dedicated Gold Customer service Line any time for account information, current rates, and answers to your questions. U5002 BR291 IVAN KAPULAR PO BOX 386 CAMP HILL PA 17001-0386 Circle Gold Account Statement © OF 3 Beginning September 25, 2009 through October 26, 2009 Contents Summary Page 1 Checking Page 2 Circle Gold Summary Account Account Number Balance Balance IVAN KAPULAR Last Statement This Statement Circle Gold Checking w/Interest DEPOSIT BALANCE 622572-024-7 Checking Circle Gold Checking w/Interest 622572-024-7 10.00 10.00 Savings Circle Gold Savings 6256-499442 .00 .00 n Total Deposit Balance 10.00 - Monthly combined balance to waive monthly fee is 20,000.00 Total Relationship Balance Your monthly combined balance this statement period is 10.00 10.00 III Member FDIC Q Equal Housing Lender Otizens Bank 1-800-773-7373 Call Citizens' special, dedicated Gold Customer service line any time for account information, current rates, and answers to your questions. Circle Gold Account Statement 0 or Beginning September 25, 2009 through October 26, 2009 Checking SUMMARY IVAN KAPULAR Balance Calculation Balance Circle Gold Checking w/Interest 622572-024 7 Previous Balance 10.00 Average Daily Balance 10.00 Checks .00 - Interest Withdrawals .00 - Deposits & Additions .00 + Current Interest Rate .15% Interest Paid .00 + Annual Percentage Yield Earned .000/0 Current Balance 10.00 = Number of Days Interest Earned 32 Interest Earned .00 Interest Paid this Year .00 Everyday Points Summary as of 09/30/09: Points Earned on Debit Card Purchases: 0 Points Earned on Citizens Bank Banking Relationship: 0 Total Points Available For Redemption: 0 Visit the Everyday Points online redemption site at: www.citizensbankeverydaypoints.com or call 1-888-333-7834 to redeem points. Prevtmrs Balance TRANSACTION DETAILS 10.00 No activity this statement period Current Balance. 10.00 MEMO --The point balance listed in Everyday Points Summary section shows the total points available as of the last day of the month prior to your statement being sent. Any points earned or redeemed after that date will not be reflected until your next statement. For the most up-to-date point balance, visit www.citizensbankeverydaypoints.com. NEWS FROM CITIZENS --Spend less time banking and more time living with our new online features. Plus, earn great rewards and cave more ton! Find out how at ritizensbank.com/moreforyou. --Looking for high yields and easy access to your cash savings? Look no further! Citizens Bank offers savings and money market accounts with great rates and the peace of mind of FDIC insurance. Whether you are just starting out or looking to preserve your liquid cash deposits, we have an account to suit your needs. We also have new products that reward you for saving for college or a new home! For more information, to open an account, or add to your existing balance, visit your local branch today or call 1-800-773-7373. Member FDIC. See a banker for FDIC coverage amounts and transaction limitations. --Using a home equity line of credit offers you the flexibility to borrow what you need, when you need it. Home equity loans offer you a fixed rate with predictable monthly payments. And through December 26, 2009, open any new home equity loan or line of credit and receive 112% off your loan and $50 on your new credit card statement*. See a banker today. *One rate reduction per property. Not available on Capped Rate Home Equity Line of Credit(R) or the Line of Credit as part of the Loan/Line Combo product. Checking account required. Minimum annual percentage rates apply. Credit card offer required. --A message for all Citizens Bank MasterCard Debit Card customers, watch the mail for your new Citizens Bank Visa Debit Card. Your new Visa Debit Card will replace your current MasterCard Debit Card and is part of our ongoing commitment to deliver helpful banking solutions to our customers. If you have not received your new Visa Debit Card by November 30, 2009, please call us at 1-888-850-4070. (Please note that if you have multiple cardholders on the same account, your new cards may arrive separately). ACTIVATE your new Visa Debit Card as soon as you receive it by calling 1-800-527-1800. Or simply use your card at any ATM or merchant and make a PIN-based purchase. Member FDIC 121 Equal Housing Lender 50'4 Citizens Bank Circle Gold 1? Account Statement 1-800-773-7373 © or 3 Call Citizens special, dedicated Gold Customer service line any time for account information, current rates, and answers to your questions. Beginning September 25, 2009 through October 26, 2009 Checking continued from previous page NEWS FROM CITIZENS (continued) IMPORTANT: Your card number and expiration date has changed. If you use your current debit card for recurring payments, we'll make every reasonable effort to ensure your payments are not impacted. To ensure there is no interruption in service, we recommend that you contact your billers to update your information. IVAN KAPULAR Circte Gotd Checking w/Interest 622572-024-7 Member FDIC Q Equal Housing Lender A e Citizens Bank Checking Account Balance Worksheet Customer Service If you have any questions regarding your account or discover an error, call the Before completing this worksheet, please be sure number shown on the front of your statement or write to us at the following address: to adjust your checkbook register balance by Citizens Bank • Adding any interest earned Customer Service Center P.O. Box 42001 • Subtracting any fees or other charges Providence, RI 02940-2001 Deposit Accounts Are Non-Transferable 1 Your current balance on this statement $ Persona[ deposit accounts, such as CDs and savings accounts, cannot be Current Balance transferred to another person or to a corporate entity. 2 List deposits which do not appear on this statement Date Amount Date 3 Subtotal by adding 1 and 2 Loan Statements BILLING RIGHTS SUMMARY In Case of Errors or Questions About Your Bill If you think your bill is wrong, or if yyou need more information about a transaction on your bill, write us at the address shown above as soon as Amount possible. We must hear from you no Later than 60 days after we sent you the first bid on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure O $ about. Total of 2 You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. )$ White we investigate your question, we cannot report you as delinquent or take `J Subtotal of 1 and 2 any action to collect the amount you question. 4 List outstanding checks, transfers, debits, POS purchases or withdrawals that do not appear on this statement Date/ Date/ Check No. Amount Check No. Amount 5 Subtract 4 from 3. This should match your checkbook register balance Special Rule for Credit Card Purchases If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem w`th the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than $50 and the purchase was made in your home state or within 100 miles of your mailing address. (If we own or operate the merchant, or if we maned you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase.) Electronic Transfers In Case of Errors or Questions About Your Electronic Transfers In case of errors or questions about your electronic transfers' telephone us at the number shown on the front of your statement or write us at the address shown above as soon as you can, if you think your statement or receipt is morong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. • Tell us your name and account number (if any). • Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. • Tel[ us the dollar amount of the suspected error. We will investigate your complaint and will correct any error prompt( y. If we take more than 10 business days to do this, we will credit your account for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. Finance Charge Calculations for Overdraft Line of Credit Accounts O Based on Average Daily Balance Computation. Method Total of 4 Calculating your Finance Charge O We compute your finance charge by multiplying t5, ;veray^e Daily Ba.ancc of you; $ account by the Daily Periodic Rate and then mulhptying the result by the number Total of days in the bitting cycle. Calculating your Average Daily Balance To get the average daily balance, we take the beginning balance of your account. each day (which does not include any unpaid finance charges or fees) add any new Overdraft Line of Credit transactions as of the date of those transactions, and subtract any payments or credits. This gives us the daily balance. Then we add all the daily balances for the bitting cycle together and divide the total by the number of days in the billing cycle. This gives us the average daity balance for your account. Negative Information We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Change of Address Please call the number shown on the front of your statement to notify us of a change of address. Thank you for banking with Citizens Bank. Citizens Bank is a division of RBS Citizens, N.A. Citizens Bank of Pennsylvania is a separate bank and not part of RBS Citizens, N.A. Member FDIC 121 Equal Housing Lender M N W ++W ?rZ rl .? Z O ? Z ^0¢ i.L ? 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X: N W } u 00 - y F- 4-1 Z ID Q O H W f L 6 W c ?-- J (n d 3 L A Q O E O L C- C G L 3 3 3 'AMES IRMAE EMPEIN® Innovative Landscape Products Since 1774 Allied Attorneys of Central PA, L.L.C 61 West Louther Street Carlisle, PA 17013 Attn: Andrew J. Bender, esquire RE: Employee Earnings and Wages Employee Life and Accident and Disability Policies Sanela Kapular v. Ivan Kapular Cumberland County, NO 2007-3289 Dear Mr. Bender: This letter is in reference to your request addressed to me dated October 9, 2009 regarding the above referenced matter. This letter will address items numbered 1, 2, 3 and 4. I have included copies of paystubs for Mr. Kapular from January 1, 2009 through the present. I have also included a copy of one bonus received by Mr. Kapular, dated December 19, 2008. In regards to item number 2, Mr. Kapular does not receive any fringe benefits as described. In regards to items numbered 3 and 4, Mr. Kapular does have company paid term life and accidental death and dismemberment insurance through Ames True Temper. However, he does not participate in any type of voluntary insurance in this category. He does not contribute to the company paid plan, which would be worth twice his annual base salary, should any incident covered under these policies occur. There is no cash value to these policies and coverage would cease under termination of Mr. Kapular's employment unless he chose to continue payment of premiums on his own. I trust this information will be of assistance to you. Please contact me if you require any additional information. Sincerely, nm e A. Duffy Human Resource Manager, Carlisle Distribution Center 717-960-7867 ?h13 '- -,_.--- ieCev,ctri _z N .ionic-. i i?ay' rr ; , B.ellellciary Dt:SiaDatiOP Iristro cti ons To designate a benefician, or to change your existing benencian' oesignaton qL a non-attnlnTy' plat comtleie all ap-phcable sections of this form, obTa1L any required si mattues, and return it to your Plan.oLdministraro:% To contirm if your plan is z non-annuity pine, or for a further explanation of pre-retiremen: survivor benefit requiremenu, piease see your Plan Administrator or call Diwrsiiied at 800-7511-5801. ? Inirial designation /? ? Change of designation w O Section A. Em lover Information Company/ iAmes True Temper Retirement Savines &amo; lnvestmem Plan i 1 Employer Name € lVi Contract/Account No. QRb 9 Amliate Nn, iooml ' Division No. ? z Section B. Participant Information Date of Birth i C?s- Last Name ( -f, P (AF' L.C- )P, i ^ Social Se?tS' No. r -- First NatneRvII / it A l?.i ji 7 Mailing Address •712 ??/s(s,?tiiC7/? >\,(/, t City (C H!vt!? f-f! State P A Zip Code Marital Stains ? Single/Divorced Phone No./Ext. 3i ' ?_? -7 / •7 ®Mauied E-mail Address i ; Section C Beneficiary Designation This designation will apply to the account number above. You must desi_imate a specific percentage for each beneficiary..Sharos must-be.wbole.perc nWes and total 100%. If you do nor indicate shares, benefits will be. split equally among surviving beneficiaries. If additional -space is•needed to designate multiple beneficianes, complete the Supplemental Beneficiary Designations page provided. If the named beneficiary is a uust, please specify the name and date ofthe trust, and the name of the trustee. Note: If you are currenth, receiving required minimum distributions, do not use this form. Contact Diversified at 800-7.55-5801 (Retirement Counseling Group) to designate a bmoici.wy. Primary Beneficiary(ies) -34111 receive benefits in foe event of your death. Beneficiary Last Name. (.; ,. A t.kL R i FirstName/MIl SAMELA i Relationship= Sloa!.sL , Cityl G A7,'ff i4/LZ State /J Zp Code i /701171 Share of Benefits I % Contingent Benefidary(ies) - Will receive benefits if no primary beneficiary is living at the time of your death. Beneficiary IA st-Namel, /<AP W I-A R i 5 l First NamerhU Jos j iJ /.x/1!0 t-= /L / P i Relationship; ;,:;,.,V Mailmg Address l 712 Iti%4/v c p city C (`9 FJ -P State =/K' Zip Code j S 171 Share of Benefits F/'00 % (cam,, 4= fi ?j ?y? Fmm H.. 2232 it- 3106) (Puc 1 or3) Corporate Pl2ns/NFP EPdSA/Non- :miuity Plans C? Section It. Participant Signature Notice and 'Wah-er of Pre-ketvemeW Sumvnr Benefit (iur married participants if spouse is not primary benefiua-1 for 2001,;. of account balanct:): As n picot participant, the low requires Lira; you be inlormed as to the disposidort ofyour aceouni. !n the case ofyour death before retirement, the plan will par your full vested account balance to your surviving spouse. However, you ma), elect to waive the requirement tha; your death benefit be pail w your surviving spouse. Your spouse must consent in writing to a» 7, such waiver. You moy revoke any waiver at an): time before your death, and. if you desire, make o nrw election, provided your spouse consents to this new election. If you elect that you spouse is naf to br your benencian, for your full vested account balance land your spouse has consented), then you mtn, designate a beneficim0r ofyour choosing. If you are nut manned at the rime ofyour death, the death benefit will be paid to your designated beneficiary. I bave been informtd that if l should die prior to my retirement, I bane the rigbT tD have the full vested accoum balance in the plan paid ID my spouse; that I have the right io waive the designation of my spouse as the beneficiary of all or a portion of my death benefT only if my spouse consents to such waiver, and that I bave the right to revoke sueb walvw at any time without my spouse's consent. I bereby waive the right to have my spouse be the beneficiary of all or a portion of my pre-retirement death bwaftr. Instead I designate the benefrciary(ies) indicated in Section C. For All Pa kipants: I certifythaT the ' rmation provided on this form is correct and complete. x 4f--? L CYE?/? C? /ry/-3 V kAiPU, 4,x,(2 f 9?a-79 ^ 2c-3 f Yeni ' ipr Moe L= Yrint?:ameand Sneial Seemiry NUai :r Section E. Spousal Consent (it spouse is not priman, beneficiary) I consent to my spouse's designation of the beneficiary indicated it) Section C. I understand that this means all or a portion of my spouse's death benefit will be paid to a beneficiary other than me, that this beneficiary designation is not vali d without my consent, and that my consent is irrevocable unless my spouse revokes the beneficiary designation. '%=SSED b6 /3 -,C >g -- Spousesip-a i Dix- Pl=AdmiwmtrSwunn:mNouryPub6eSignature andStmgi;Seet Da¢ Section F. Plan Administrator Signature I certify that the information provided on this form is correct and cotmilme, and that any required consents and waivers have been obtained. Pin Ad= Signp From No. 2--2 (r_r. 3lDF) (hp 2 DO) Co,-pa-.L- PlanslN? EPISAINoa-A>muity Plans TO OUR EMPLOYEES: We wish to announce that the Ames True Temper Retirement Savings & Investment Plan ("Plan') has been amended. Therefore, in order to conform your Summary Plan Description ("SPD') to the Plan's amended provisions, please note the following: Effective June 1, 2008: In order to reflect a change in the eligibility requirements under the Plan, the following is substituted for the corresponding question and answer in the Section entitled Joining the Plan: "When can I become a participant in the Plan? You may become a participant on the first day of the month coinciding with or next following your completion of six months of service and your 21st birthday. If you are a rehired employee, or you are returning from a qualified military service leave, and you were previously a participant in the Plan, you may join the Plan on your rehire date. If you are a rehired employee, and you were not previously a participant in the Plan, your Plan Administrator will determine the date you may enter the Plan. NOTE: Service with any predecessor organizations will be counted when determining whether you completed the service requirement." 2. In order to remove the automatic enrollment provision under the Plan, the following is substituted for the corresponding question and answer in the Section entitled Joining the Plan: "How do I become a participant in the Plan? Approximately one month prior to the date you are eligible to participate in the Plan, Diversified will mail you an enrollment kit. This kit will explain the enrollment procedures. You may join the Plan by visiting Diversified Direct Online at www.divinvest.com or by calling Diversified Direct at 800-755-5801. If you do not join the Plan when you first become eligible, you may join on any business day thereafter." 3. In order to increase the salary deferral amount you can contribute under the Plan, the following is substituted for the corresponding question and answer in the Section entitled Contributions to the Plan (Note: if you are an hourly employee at Ames' Louisville, KY and Lebanon, KY locations, this plan change becomes effective July 1, 2008 for you): "How much of my salary may I contribute to the Plan? You may contribute up to 100% of your salary up to the maximum dollar limit (see the question "Are there any other limits to the amount of salary deferral contributions that I can make?" for the applicable limit). To do this, you must elect to have a portion of your salary contributed to the Plan through payroll withholding. To make your salary deferral election, please visit Diversified Direct Online at www.divinvest.com or call Diversified Direct at 800-755-5801. Your salary deferral election will become effective no later than 30 days after you have completed the election and will remain in effect until you amend it." 4. In order to change the matching contribution offered under the Plan for the period of June 1, 2008 through December 31, 2008, the following is substituted for the subsection entitled Matching Contributions which appears under the question "Does my Employer make contributions to the Plan?" in the Section entitled Contributions to the Plan -Matching Contributions. Your Employer will make a matching contribution each payroll period for all match eligible participants who elect to make salary deferral contributions to the Plan, as follows: Years of projected benefit accrual under the Pension Plan as of December 31, 2008 plus projected age as of December 31, 2008 Matching Contribution Formula All non-highly compensated employees with a combined total less than 55, all highly compensated employees. Combined total 55-59 for non-highly compensated employees Combined total 60-64 for non-highly compensated employees Combined total 65-69 for non-highly compensated employees Combined total 70-74 for non-highly compensated employees Combined total 75 or greater for non- highly compensated employees 100% of the first 3% of your salary deferral contributions plus 50% of the next 2% of your salary deferral contributions. 100% of the first 5% of your salary deferral contributions. 100% of the first 6% of your salary deferral contributions 116 2/3% of the first 6% of your salary deferral contributions. 133 1/3% of the first 6% of your salary deferral contributions. 150% of the first 6% of your salary deferral contributions." NOTE: Benefit Service with Union Tools, Inc. prior to April 7, 2006, Ames Profit Share Plan Participation or benefit service with an acquired company will not be counted for purposes of determining the matching contribution. Effective )anuaty 1, 2009: 1. In order to change the matching contribution offered under the Plan, the following is substituted for the 1" paragraph of the subsection entitled Matching Contributions which appears under the question "Does my Employer make contributions to the Plan?": "Safe Harbor Matching Contributions. Your Employer will make a safe harbor matching contribution each payroll period for all match eligible participants who elect to make salary deferral contributions to the Plan, as follows:" 2. In order to provide for 100% immediate vesting for safe harbor matching contributions to the Plan on and after January 1, 2009, and for minimum contributions, if any, made on or after January 1, 2009, the following is substituted for the corresponding paragraph appearing in the answer to the question "How do I know which portion of my account is vested?" in the Section entitled Ownership of Your Account (Vesting): You are always 100% vested in (i.e., have full ownership of) the following portions of your account: • salary deferral contributions; • catch-up contributions; • prior voluntary after-tax contributions; • rollover contributions; • safe harbor matching contributions; • minimum contributions, if any; and • any earnings on the above contributions." 3. Since effective January 1, 2009, the Plan is a Safe Harbor Plan, the questions "What does it mean for a Plan to become top heavy?", and "What happens if the Plan becomes top heavy?" and their corresponding answers are no longer applicable to the Plan, and are deleted from the Section entitled Contributions. In addition, the last two paragraphs that appear in the answer to the question, "What is the most that can be contributed to the Plan on my behalf?" are also deleted from the section entitled Contributions. Please attach this notice to your Summary Plan Description for future reference. Ames True Temper, Inc. EXHIBIT "B" 1040 .S3= Individual income Tax Re r r Label Y Y Qndhn ftEETis ULAR 50 : £ M ?_' ad& {!urribiia and Ew if _v,-j ("eta _ P.G. :saE page i != r _0 Pi _? IN -_ : , ve=spr':r tL. c-T'.t _- '>ft:-s a4?: i! frf'}t3f•?%!i£i? L - H3S-z % } ?r=n¢aF? ? 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Lire ijr:}. _ _ ,n3 S r F _- 11 _{{8 a a6UO{sa SIDE - sF s- - _ 1-AM-u 13127P SCHEDULE W- r'_n4=W_ -2008 Summary of PA Taxable EmpioFse, Nor#-er=#?; an W-scolialwaus- Y #permablon - ti-e =Mr `¢M=iE?er;A:-4--0_ fing?rVy, M uNu ?-t5tsxn y # 3 s * r c € gc rac # 1ti c s## #tx# awl PA -ax WW]Ed .n fill Pt"4 . -_. A 3udw#-. Lz ?? E3 - e' FD, }V-2 for rou w d ride _ _ , f _ _ I _ { y?F ze_ _ _ ?y,,? i `wm? Sec-rt. Nina-true app m-fird a the- PA t ralunancie-#ti-s far fi e-seeoxta cr s ? ? d. R= the Four € # er' . ?€ EnT.piuver #?- ^,.a ?r l'3#'?? ;=i`e5._ ttre ?Er !° 'r?r #-•=.^::"€=.-_'a. aa?°# r' IIt TAIY_.?_ M rmt•:a__, v?r?a,=?=^_it_?t_-earn; all irs =s':' gc= =:"8.--3r C crt? SSG F3?'tef1 W3? - t:_ r--=,-?s i•L YP ''3E L#"sEG =iu tee;`: }-r:`Y .xrc °:, t_ _ (r#r'?; Ritk-W 0Dopy ,._,.,*rf.,._. ,. , mrt9ca '-ate t,.??.,=.F, t:`Y k?€"=-ace to r! 9 ?5. ait sr?c re---0 0c izFf ik; rbi twat j aptw fpfa f9£Rr.; er-:l rr,+ =x -'. "ir ?Cd°'- .=. ?? s € r . 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PA T ., _ s •fiHBC^`- ".:. iiS'a? ?-;a _s?= r.-. _- _-?'+?i?- -;zf? a.?--` H J& RIM ?--fir - - ,_-•.f<-` ermyt- ada>'-2i?#{£9 - Ertel- r? TOTALS on yon P_ *- - ' -- O?x ,.e:,... _ _ -._-f.l_a.. em- i #rSF:" ,: ii: Yea ?tY.? • f..?-Yiii ai::ti ai T+ r ir?a:r 10n; t ML _- s_ _ _ - n. A F3 atL-aa--_ Yc-ate EXHIBIT "D" Print Preview This is a statement of earnings and deductions. This pay statement is non-negotiable. s True Temper, Inc. Pay statement Railroad Avenue Period start date 09/28/2009 p Hill, PA 17011 Period end date 10/11/2009 Pay date 10/16/2009 Document 40786 Net pay $977.76 Pay detai is van Kapular 'Employee 000798 Pay Hourly Federal income tax M o 10 Box 386 number group State income tax (residence) M 0 SSN xxxxxxxxx Location Carlisle IState income tax (work) M 0 amp !Job Lead Facilities Carlisle Hill, PA 17011 I ! Distribution GL 2401 JSA Oper Location Pay rate $18.14 HR Dept CDC ?Pay Biweekly Hourly frequency Cost 6100 Earnings Deductions Page 1 of 2 Pay type Hours Pay rate Current YTD Employee AWARD &BONUS 0.0000 $0.00 $0.00 $159.70'Deduction Pre-tax Current YTD GTL 0.0000 $0.00 $1.08 $20.52'401K LOAN1 No $44.37 $843.03 Holiday 0.0000 $0.00 $0.00 $967.56401K Matched Yes $43.54 $832.14 Memo Dent 0.0000 $0.00 $0.00 $13.90Dental High 25 Yes $6.95 $132.05 mmed 0.0000 $0.00 $0.00 $253.44EyeMed Vision Yes $6.78 $128.82 mvis 0.0000 $0.00 $0.00 $13.56 GTL No $1.08 $20.52 OT15 0.0000 $0.00 $0.00 $86.62j Medical Platinu Yes $126.72 $2,407.68 PTO 80.0000 $0.00 $1,451.20 $2,630.30; Memo Dent No $0.00 $13.90 Regular 0.0000 $0.00 $0.00 $24,051.611mmed No $0.00 $253.44 mvis No $0.00 $13.56 ;Taxes Total hours 80.0000 Based Taxes on Current YTD ;CARLISLE AREA $1,310.75 $14.42 $277.52 DICKINSON $1,310.75 $6.55 $72.85 :Employee $1,311.83 $19.02 $366.07 Medicare 'Federal Income $1,268.29 $82.65 $1,225.12 PA State Income $1,310.75 $40.24 $774.46 Tax PA Unemployment $1,451.20 $0.87 $16.74 Employee Social Security $1,311.83 $81.33 $1,565.31 Employee Tax Paid time https: //www51. intersoureing.com/pages/view/EEPayrollPayCheekDetail.aspx?USParams... 10/15/2009 Print Preview Pay summary Page 2 of 2 https: //www5 l . intersourcing.com/pages/view/EEPayrollPayCheckDetail.aspx?USParams... 10/15/2009 EXHIBIT "E" AMES /NMF EER" b""N sL"WOVA ?a0roeti"swcn1774 October 15, 2009 Allied Attorneys of Central Pa, L.L.C 61 West Louther Street Carlisle, PA 17013 Attn: Andrew J. Bender, Esquire RE: Ames True Temper, Inc. Pension Plan - ATT Formula (Pension Plan) Ames True Temper Retirement Savings & Investment Plan (401k Plan) Sanela Kapular v. Ivan Kapular Cumberland County, NO 2007-3289 Dear Mr. Bender, This letter is in response to your inquiry addressed to Jennifer Duffy dated October 9, 2009 regarding the above referenced matter. This letter will address items numbered 5. and 6. respectively. According to our records, Ivan Kapular was employed with Ames True Temper as of February 2, 2001. Any information requested prior to that date is not applicable. As an employee, Mr. Kapular was eligible to participate in the Ames True Temper, Inc. Pension Plan (Pension Plan) a non-contributory defined benefit plan, after completing 1000 hours of work in a 12 month period. He vested in any accrued benefit the first of the month after completing five (5) years of service March 1, 2006.. In order to calculate a benefit as of a specific date, i.e., date of separation or date of distribution of marital assets, a specific date must be provided and an actuary would need to be retained to calculate the benefit. Or, the marital fraction formula could be used to calculate the spousal benefit based on the number of months married over the number of months employed. However, I can provide you with some information. Enclosed is a copy of the Summary Plan Description (SPD) for the Pension Plan. Please note that the Plan was frozen for benefit service and salary increases as of May 31, 2008. The enclosed SPD has not yet been updated to reflect the Pension Plan freeze. But, the document does provide you with information regarding the basics of the Pension Plan. Also enclosed is a copy of the benefit statement provided to Mr. Kapular as of the Pension Plan freeze date. This benefit will be payable to him monthly beginning as of his normal retirement date, March 1, 2036. The earliest commencement date under the Pension Plan is the 1St of the month after age 55; March 1, 2026 however, the benefit would be reduced for early commencement. A review of the Ames True Temper Retirement Savings and Investment Plan (401k) Plan indicates that Mr. Kapular is a participant in the 401 k Plan. I have enclosed an information sheet which shows his account balance and vesting status as of the date of this letter. The information sheet also includes Andrew J. Bender, Esquire October 15, 2009 Page 2 information on one outstanding loan Mr. Kapular has as of this date. Loan repayments are made biweekly along with employee and employer contributions on a per pay period basis. The Employer Contribution is 100% of the 1' 3% deferred and 50% of the next 2% deferred. Since Mr. Kapular is currently contributing at 3%, he would receive a 3% employer match. I have also enclosed a copy of his current beneficiary designation form. Due to recent changes to the 401 k Plan, an updated SPD is not available. It is being drafted due to the changes made & submission for IRS determination of the 401k Plan. Statements are not maintained by the employer. As a participant, Mr. Kapular has the ability to go to the record keeper's website to print the last four quarterly statements. Should you require those documents, he can provide them to you. If prior statements are needed, the record keeper, Diversified Investment Advisors can be contacted at 800-755-5801. They became the record keeper as of February 2007. Statements prior to that date must be requested from the participant or from the prior record keeper in writing. If you are requesting a hold placed on either of the accounts in question, you should contact me or the record keeper at the number provided above and they will advise what documentation is needed. If a Domestic Relations Order (DRO) will be filed, you, or the attorney ordered to draft the DRO, should contact Diversified Investment Advisors to obtain model orders for review for both the Pension and 401k Plans and procedures on how to submit the drafts for review and approval prior to filing with the courts. I trust this information will be of assistance to you. If you would like to contact me directly for additional information regarding the Pension or 40k Plans, my mailing address and direct phone number are noted below. Sincerely, Isabella M. Alexander Manager, Retirement Planning 800-833-3068 Ext. 2508 Enclosures cc: Ivan Kapular w/ enclosures 465 Railroad Avenue - Camp Hill, PA 17011 EXHIBIT "F" ° o ii g IL N d T T cO jis Y y jh } d I d N tin N G .fl N N '° m o ` d co O U CO " r a co N ¦ co A O co co N r N CO Y w 6? G G O • G O 5 = q 0 `? 3 G 3 E3 v O A N d Q a . Y C Q d N N N = G O 0 w E C ? 6 T G L O =O O U? co co N ? V ? 67 c6 d E o -- o Q ?o C.7 d m -c? 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Account/Affiliate: OK62269 00001 Plan Type: 401(k) PLAN Date of Hire: 02/02/2001 Plan Entry Date: 02/02/2001 Date of Termination: N/A Rehire Date: N/A Date of Death: N/A Last Statement: 09/30/2009 VRU Access: ENABLED Diversified Direct Access: ENABLED A- t-U9s.r As of Date: 1011412009 Account Balance: $8,787.17 Vested Balance: $8,787.17 Balance By Source Source Name Vested Percentage Vested Balance Total Balance Pre-Tax 100% $6,887.11 $6,887.11 Safe Harbor 100% $797.02 $797.02 Match 100% $1,103.04 $1,103.04 Balance By Fund Fund Name Percentage Balance Number of Llnits Unit. Value Short Bonds/Stable/MMkt Dvfd Stbl Pooled 100.00% $8787.17 644.915590 $13.625300 Interm./Long-Term Bonds Loomis Inv Gr Bd 0.00% $0.00 0.000000 $0.000000 TAP Instl Ttl Rt Bd 0.00% $0.00 0.000000 $0.000000 Aggressive Bonds TAP Instl High Yld 0.00% $0.00 0.000000 $0.000000 Large-Cap Stocks Amer Beac LgCap Val 0.00% $0.00 0.000000 $0.000000 Columbia Val & Rst 0.00% $0.00 0.000000 $0.000000 TAP Instl Lrg Value 0.00% $0.00 0.000000 $0.000000 Amer Fds Fdmntl 0.00% $0.00 0.000000 $0.000000 Black Rck LgCap Cr 0.00% $0.00 0.000000 $0.000000 Amer Fds Grwth I'd 0.00% $0.00 0.000000 $0.000000 MFS Core Growth 0.00% $0.00 0.000000 $0.000000 Small/Mid-Cap Stocks Victory Spec Val 0.00% $0.00 0.000000 $0.000000 TA Prem Growth 0.00% $0.00 0.000000 $0.000000 Keeley SmCap Val 0.00% $0.00 0.000000 $0.000000 Tchstone SmCap Val 0.00% $0.00 0.000000 $0.000000 Frst Amer RI Estate 0.00% $0.00 0.000000 $0.000000 International Stocks Amer Fds Cap G&I 0.00% $0.00 0.000000 $0.000000 Amer Fds Europac 0.00% $0.00 0.000000 $0.000000 Multi-Asset/Other TA Pre+;; Balanced 0.00% $0.00 0.000000 $0.000000 ` Allianz tech 0.00% $0.00 0.000000 $0.000000 MFS Utilities 0.00% $0.00 0.000000 $0.000000 Personal Choice 0.00% $0.00 0.000000 $0.000000 T Rowe RA 2015 0.00% $0.00 0.000000 $0.000000 T Rowe RA 2020 0.00% $0.00 0.000000 $0.000000 T Rowe RA 2025 0.00% $0.00 0.000000 $0.000000 T Rowe RA 2030 0.00% $0.00 0.000000 $0.000000 T Rowe RA 2035 0.00% $0.00 0.000000 $0.000000 '-`rte Total Outstanding Loan Balance: $4,201.52 Hardship Withdrawal Amount Available: $3,603.33 Loan Amount Available: $2,302.20 Non-Hardship Withdrawal Amount Available: $0.00 Payroll Deduction Source Current Deductions Lasi Change Method Last Change Date Pre-Tax 3.0% N/A 09/29/2008 Total: 3.0% Min - Max: 0.0% - 100.0% Loan Number - 20080929900511 Loan Issue Date: 09/29/2008 Loan Duration: 5,0 Original Loan Amount: $5,000.00 Loan Status: ACTIVE-BALANCE OUTSTANDING Interest Rate: 6.0% Last Repayment Received: 10102/2009 Repayment Amount $44.37 Next Scheduled Repayment: 09/30/2009 Repayment Frequency: BI-WEEKLY Maturity Date: 10/09/2013 Loan Payoff Amount: $4,208.90 Conversion Loan: No Re-amortization Date: NIA Service Name Status Effective Date INVESTMENT MATERIALS Not Subscribed NIA RETIRE TRACK Subscribed NIA AUTO REBALANCE Not Subscribed N/A DEFERRAL SAVXPRESS Not Subscribed N/A E-CONFIRM Not Subscribed N/A E-STATEMENT Not Subscribed N/A PORTFOLIO XPRESS Not Subscribed N/A EXHIBIT "H" STEPHANIE E. CHERTOK, ESQUIRE PA Supreme Court ID# 52651 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax ANDREW J. BENDER, ESQUIRE PA Supreme Court ID# 205763 61 West Louther Street Carlisle, PA 17013 Attorneys for Defendant SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3289 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE The undersigned does hereby certify that on the date indicated a true and correct copy of the foregoing Pre-Trial Statement of Defendant, Ivan Kapular, Pursuant to Pa.R.C.P. 1920.33(b) was served upon the following person(s), in accordance with the Pennsylvania Rules of Civil Procedure and local rules: VIA U.S. MAIL Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 VIA HAND DELIVERY E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 DATE: 12. 9 t log ANDREW J. BENDER, ESQUIRE PA Supreme Court ID # 205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax Attorney for Defendant FII.F54":: zEr 2009 DEC 2 1 All 'S., S \ITY ALE. ?; T?fIY 7010 JAN -5 AN 11: b 6 ;8ER,w4)L COPY1.A CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of Plaintiff Sanella Kapular's Pre-trial Statement by Hand Delivery at the Pre-trial Conference, at the Master's office, held on January 4, 2010 to the following individual set forth below: Andrew J. Bender, Esquire Allied Attorney's 61 West Louther Street Carlisle, PA 17013 Counsel for Ivan Kapular Date: Z-?1_1-7 J l J e arrison Clough, sq re Attorney ID No. 36461 3820 Market Steet Camp Hill, PA 17011 (717) 737-5890 Attorney for Sanela Kapular CiUSERSUOANNEIDOCUMENTSUCAPULAR.PRE-TRUU..SHORT.DOC January 3, 2090 RB>-&"r OF THE i 'tNONVM 2010 JAN -5 AM 11: 4 6 OJMBE.RL'a do COLFR PBNMV SANELA KAPULAR, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : NO. 07-3289 IVAN KAPULAR, CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY PRE-TRJAL STATEMENT F PLAINTEFF S LA KAPVLXR 1. BACKGROUND INFORMATION: PLAEf=: 1. Name: Sanela. Kapular 2. Address: 712 Manor Road Camp Hill, PA 17011 3. Age: 4. Date of Birth: 5. Educational B 6. Health: 7. Occupation: 8. Employer: 45 12-12-1964 ackground: Nigh School Graduate plus post high school courses good but ardiritis and B 12 deficiency homemaker none C.IUSERSUOANNEID000MENTS\KAPULAR.PRE-TMALSHORT.DOC January 3, 2010 DEFENDANT: 1. Name: Ivan Kapular 2. Address: unknown, stays at marital residence one night or less per week 3. Age: 38 4. Date of Birth: 3-8-1971 5. Educational Background: high school plus post high school courses. 6. Health: good 7. Occupation: truck driver and lead operator at Ames True Temper Distribution Center 8. Employer: Ames True Temper, Inc. and second job with Nedeljko Gunjak, Inc. CHILDREN OF THIS MARRIAGE: 1. Josip Kapular, age 13 Date of Birth: 9-19-1996 2. Filip Kapular, age 11 Date of Birth: 11-21-1998 Mother is the primary physical custodian of the minor children and has primary physical custody under current custody order. MARRIAGE INFORMATION: 1. Date of Marriage: April 5, 19% 2. Place of Marriage: Bosnia 3. Date of Separation: Final separation May 2009 4. Date Action Commenced: June 4, 2007 5. Issues Raised: Divorce 3301 (A) Indignities or 3301(C), Equitable Distribution, APL, Alimony, Counsel Fees, Costs and Expenses C:IUSERSUOANN LAR.PRE-7RIALSHORT.DOC January 3, 2010 II. INCOME Husband is employed at Ames True Temper, inc. and at Nedeljko Gunjak, Inc. Current income is not available to Plaintiff Wife but Husband's monthly gross income is believed to be in excess of $ 5,000.0 per month from both jobs. 2. Wife has not been employed for years and has been an in home care giver for the parties' youngest son Filip who has leukemia and numerous other health issues and is not able to attend public school and is currently being home schooled by Plaintiff Mother. Filip is not able to walk and has a compromised immune system and numerous other health issues and has been in and out of remission with leukemia for the past few years. He recently started physical therapy in hopes of regaining the ability to walk and broke his leg when he placed weight on it in physical therapy. Wife has been the parent to transport Filip to all of his medical and chemo appts., stay with him through most of his hospitalizations and otherwise manage his medical care. M. ASSETS: A. Real Proger_yt The marital residence is located at 712 Manor Road, Camp Hill, PA 17011. There is no current appraisal for the value of the property and Plaintiff has requested that the parties list the property for sale but Defendant has refused to comply with listing the property. Plaintiff does not have sufficient monies to obtain a current real estate appraisal for the property but an appraisal will be necessary if the parties are unable to stipulate to a value for the property and Plaintiff seeks Defendant Husband to pay for an appraisal to be conducted by a neutral appraiser jointly selected by the parties. There is a mortgage on the property with National City Mortgage, now PNC. Plaintiff does not have a recent printout of the current balance due on said mortgage. C.IUSERSUOANNEIDOCUMENTSYCAPULAR.PRE-7 PJ"HORT.DOC January 3, 2010 B. Retirement Plaintiff. 1. NONE Defendant: 1. Ames True Temper 401 K: Defendant Husband withdrew $ 5,000.00 from 401K after Wife filed for Divorce. Current value unknown. 2. Ames True Temper Inc. Pension Plan: current present value unknown. Plaintiff wife does not have sufficient fiords to have pension valuation performed and is seeking to have Defendant Husband directed to pay for a neutral valuation to be performed by a jointly selected pension valuator. C. Vehicles. 1. 1999 Dodge Ram 1500. Marital property titled in Husband's name and purchased with marital funds. 2. 2001 VW Golf. Non marital property titled in Wife's name and purchased for Wife by Wife's father with his monies. This is a gift from a third party and is a non marital asset not subject to equitable distribution. D. Personal Property associated with the house. 1. Household contents. Value to be determined if the parties cannot stipulate to a distribution. 2. Husband's tools: Husband has an extensive tool collection many of which he has removed and relocated from the marital residence. The tools need to be located and appraised but Wife believes the tools have a value in excess of $ 6,000.00. C:%USERSUOANNEI3000MENTSIKAPULAR.PRE-TRULSHORT.DOC January 3, 2010 F. Life Insurance 1. None known to Plaintiff M. MARITAL PROPERTY TRANSFERRED A. Wife believes Husband has hidden or transferred many of his tools and cash monies that he acquired during the marriage. IV. MARITAL DEBT A. Loans and Credit cards: Plaintiffwife has several credit cards with small balances that are marital debt and does not have current information on Husband's debts. V. A. Ex rt. Plaintiff believes it may be necessary to have a real estate appraiser and a pension appraiser testify in this action and possibly a personal property appraiser. B. Fact: 1. Plaintiff Sanela Kapular 2. Wife's sister CiMf tSLIQMNBDOCUMENTSIKAPULAR.PRE-TRIAL.SHORT.DOC Jwmry 3, 2010 3. Wife's brother in law 4. Wife's brother 5. Defendant husband as on cross examination VI. PROPOSED RESOLUTION The case involves a relatively small marital estate. The parties have been married for 14 years and have two children who are and will remain in the primary physical custody of Plaintiff mother. Plaintiff mother has left the work force to care for the children as a result of the youngest child's contracting leukemia Mother has and will continue to need to be home to care for Filip while he is home schooled and must also be available to transport him to his frequent medical and physical therapy appointments. Plaintiff mother wishes to remain in the marital residence with the children if possible. Plaintiffmother is seeking 70 per cent of the marital estate and an award of alimony and counsel fees, costs and expenses. Mother has no income to meet the expenses of this litigation process and Husband should at a minimum be required to pay for the costs of neutral experts to determine the value of the retirement assets, contested personal property and real estate. Plaintiff wife is unable to support herself post divorce and has a need for alimony from Husband. Husband also repeatedly committed marital misconduct in the form of indignities and cruel and barbarous treatment against wife, the innocent and injured spouse by repeatedly beating wife, ten zmg wife and the parties children, and Husband severely beat Wife's dying father when he was residing with the parties while dying from end stage liver cancer. Prior to Wife's father's death, he attempted to intervene and prevent Husband from attacking Wife and Defendant Husband beat him so severely Wife's father had to be transported to the hospital. Defendant Husband was arrested, and bound over for trial after a preliminary hearing where Wife's father testified against him. Unfortunately Wife's father died prior to the criminal trial but this was but one of many physical assaults by Defendant husband against wife in the marital residence. This incident resulted in a PFA being entered against Defendant Husband but after Wife's father died she reluctantly permitted husband to move back in to the marital residence. C.'WSERSUOANNBOOCUMENT'SWAPIILAR.PRE-TRWL.SHORT.DOC January 3, 2010 Wife has never filed a false PFA against husband, but has, like many domestic violence victims, agreed to withdraw PFAs that were entered against Husband when he has begged her to forgive him and reconcile. Respectfully Submitted, PC Date: ' - 5- 1o Attorney I.D. No. 364q1 3820 Market Street Camp Dill, PA 17011 Telephone No. [71 737-5890 Attorney for Plaintiff Sanela Kapular AUG 2 3 2010 BY THE COURT, w 79 Lil- 5 Distribution: Andrew J. Bender, Esquire, 61 West Louther Street, Carlisle, PA 17013 Joanne Harrison Clough, Esquire, 3820 Market Street, Camp Hill, PA 17011 Ivan Kapular, P.O. Box 386, Camp Hill, PA 17001 L led '-,l_ 6, SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 07-3289 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY ORDER AND NOW, this _ day of , 2010, upon consideration of Petitioner's Motion for Rule Absolute, it is hereby ORDERED and DECREED that said motion is GRANTED, and that petitioners, Andrew J. Bender, Esquire and Allied Attorneys of Central Pennsylvania, L.L.C., are granted leave to withdraw their appearance for the defendant in the above-captioned matter. FILED-C nc T^ ANDREW J. BENDER, ESQUIRE PA Supreme Court ID #205763 t P Allied Attorneys of Central Pennsylvania, L.L.C. P'l 2' 61 West Louther Street CUMB&". " ;- JUNtY Carlisle, PA 17013 PEh1t''y.Vi'iq (717) 249-1177 (717) 249-4514 Fax SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3289 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance, and the appearance of Allied Attorneys of Central Pennsylvania, L.L.C., as counsel for the defendant in the above-captioned, pursuant to the Order of Court dated August 23, 2010, allowing same. A copy of the August 23, 2010 Order of Court is attached hereto. DATE: 01Z2( 1/0 ANDREW J. B NDER, ESQUIRE PA Supreme Court ID #205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax AUG 3 2010 SANELA KAPULAR, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-3289 IVAN KAPULAR, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY ORDER AND NOW, this3 day of alajlj? 2010, upon consideration of Petitioner's Motion for Rule Absolute, it is hereby ORDERED and DECREED that said motion is GRANTED, and that petitioners, Andrew J. Bender, Esquire and Allied Attorneys of Central Pennsylvania, L.L.C., are granted leave to withdraw their appearance for the defendant in the above-captioned matter. BY THE COURT, tr?- J. TRUE COPY FROM RECORD In Testimony whereof, i here into set my hand and the seal of said Court at Carlisle, Pa. i This day of 20 ?' - Prothonotary Distribution: Andrew J. Bender, Esquire, 61 West Louther Street, Carlisle, PA 17013 Joanne Harrison Clough, Esquire, 3820 Market Street, Camp Hill, PA. 17011 Ivan Kapular, P.O. Box 386, Camp Hill, PA 17001 SANELA KAPULAR, Plaintiff V. IVAN KAPULAR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-3289 CIVIL ACTION - LAW IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE The undersigned does hereby certify that, on the date indicated, a true and correct copy of the foregoing Petition of Defendant's Counsel for Leave to Withdraw Appearance Pursuant to Pa.R.C.P. 1012(b) was served upon the following person(s) by forwarding a copy of same via U.S. Postal Service, first class mail, postage prepaid, at the following address(es): Ivan Kapular P.O. BOX 386 Camp Hill, PA 17001 DATE: 0 ?-31 f 0 Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 ANDREW J. BENDER, ESQUIRE PA Supreme Court ID #205763 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther Street Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax