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HomeMy WebLinkAbout03-5345 KAREN R. WILSON, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. KERRY L. WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE 03 - ~31{.s (!;()~L 'J~ 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 claim of relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation or your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by the pa rties. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ._-~ ~--':::) ~ >----( ~~iC ., Esquire Attorrl8Y for Plaintiff 407 North Front Street Harrisburg, PA 17101 Telephone No. (717) 233-2555 Attorney I.D. No. 07049 KAREN R. WILSON, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE 03 - ~3l.fS el"o~L ~~ KERRY L. WILSON, Defendant NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a Divorce proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling servil;es are to be bome by you and your spouse. If you desire to pursue counseling, you must take your request for counseling within twenty (20) days of the date on which you receive this Notice. Failure to do so will constitute a waiver of your right to request counseling. KAREN R. WILSON, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION .. LAW : IN DIVORCE 63 - S3LfS G"c..d~f-~ KERRY L. WILSON, Defendant COMPLAINT Divorce 3301 (c) or 3301(dl 1. Plaintiff, Karen R. Wilson, is an adult individual residing at 4175 Mountain View Road, Apartment 116, Mechanicsburg, Pennsylvania 17050. 2. Defendant, Kerry L. Wilson, is an adult individual residing at 12 Hartzdale Drive, Camp Hill, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 1, 1975 in Cambria County, Johnstown, Pennsylvania. 5. Plaintiff avers that the ground upon which this action is based is that the marriage is irretrievably broken and further, that the parties have been separated since September 14,2002. 6. There has been no prior action of divorce between the parties in this or any other jurisdiction. 7. Defendant has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Neither party in this action is a member of the armed services of the United States of America or its allies. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT I EQUITABLE DISTRIBUTION 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. During the course of the marriage, the Plaintiff, Karen R. Wilson, and the Defendant, Kerry L Wilson, have acquired numerous items of property, both real and personal. 11. The Plaintiff and the Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests your Honorable Court to equitably distribute all personal property, both real, personal and mixed, as the Court may deem equitable and just plus costs. Respectfully submitted, BY~~' ~~-.J\ Harry L ~"er, ~squire ~ Attome~or Plaintiff . 407 North Front Street Harrisburg, PA 17101 Telephone No. (717) 233-2555 Attorney 1.0. No. 07049 Dated: t." - "\ - o~ KAREN R. WilSON, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVil ACTION- lAW KERRY L. WilSON, Defendant IN DIVORCE I, Karen R. Wilson, hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein subject me to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. ~1c'~/u'n) ",f.~ y~j~ Karen R. Wilson Date: Jo/t'c/03 .... "" '-~ ~ ~ ~ ~ ~ - f5 p ..() ~ ........ 8 . ~ () r:::) 0 c;) c; 0 6- c. r....., -01 ;;...... a C> g1f:i', .,;\ I C) e ..... . .....0 ~--- - I ~,~ rr u; " OJ " ~ r:::'. :~ ~;:-- ?; f~. --'~ ~ ,;;~ ,,? ~. \ r - to"~ 01 ~.q -, ft SHERIFF'S RETURN - REGULAR CASE NO: 2003-05345 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILSON KAREN R VS WILSON KERRY L CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon WILSON KERRY L the DEFENDANT , at 1125:00 HOURS, on the 13th day of October , 2003 at 12 HARTZDALE DRIVE CAMP HILL, PA 17011 by handing to KERRY L WILSON a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.66 .00 10.00 .00 37.66 So Answers: ,/ // .rf~-1~ R. Thomas Kline 10/14/2003 HARRY L BRICKER ) Sworn and Subscribed to before day of By: / L Deputy Sheriff ... me this J& L (J)~ d ('lJ.3 A.D. ( \ ..k-- () /kJPt., t1ff '--f1,rotnonotary j KAREN R. WILSON, 189-44-7609 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION.. LAW KERRY L. WILSON, 172-34-6931 Defendant NO. 03-5345 IN DIVORCE Civil Term INVENTORY AND APPRAISEMENT OF KAREN R. WILSON. PLAINTIFF Plaintiff files the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding years. Plaintiff verifies that the statements made in this Inventory and Appraisement are true and correct. Plaintiff understands that false statements herein are made subject to penalties of 18 Pa.C,S. 94904 relating to unsworn falsifications of authorities. t;,/;L/O Y ~vd.)l-~ Karen R. Wilson, Plaintiff Date 'Some of the information contained in this Inventory and Appraisement is not current, and in point of fact, probably is not complete. All of the books and records of our marriage are in the possession of the Defendant; he has placed them in a safe and I have no access to those records. ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes and values the assets on the following pages. (X) 1, (X) 2. (X) 3. ( ) 4, (X) 5. (X) 6, ( ) 7. ( ) 8. (X) 9, ) 10, (X) 11, (X) 12. ) 13, ( ) 14, ( ) 15, (X) 16. Real property, Motor vehicles Stocks, bonds, securities and options, Certificates of Deposit Checking aCGOunts, cash, Savings accounts, money markets and savings certificates. Contents of safe deposit boxes, Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries ). Annuities. Gifts Inheritances, (Not the Plaintiffs) Patents, copyrights, inventions, royalties, Personal property outside the home, Business (list all owners, including percentage of ownership and officer/director positions held by a party with company), Employment termination benefits - severance pay, workman's compensation claim/award. 1 ( ) 17, Profit sharing plans. (X) 18. Pension plans (indicate employee contribution and date plan vests), ( ) 19, Retirement plans, Individual Retirement Accounts, ( ) 20. Disability payments, ( ) 21. Litigation claims (matured and unmatured). ( ) 22, MilitaryNA benefits, ( ) 23, Education benefits. ( ) 24. Debts due you (and/or your wife or husband), including loans, mortgage held, etc. (X) 25, Household furnishings and personalty (including as a total category and attach an itemized list if distribution of such assets is in dispute), ( ) 26. Other. 2 MARITAL PROPERTY (BASED ON DATE OF SEPARATION - 09/14/02) Plaintiff 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 No, Description of Propertv 1 Residence at 12 Hartzdale Drive, Camp Hill, PA 2 2001 Honda Accord 1995 Plymouth Voyager 5 Checking Account Checking Account 6 Savings Account Savings Account 9 Kerry's Life Insurance (See Attachment) Karen's Life Insurance (See Attachment) 18 Kerry's State Retirement (See Attachment) Karen's State Retirement (See Attachment) 16 Kerry's vacation and sick Karen's vacation and sick 25 Household Furnishings (See Attachment) Exercise Equipment Name of All Owners Values Kerry and Karen $125,000.00 Kerry and Karen $ 12,000.00 Kerry and Karen $ 1,600.00 Kerry $ 3,630.00 Karen $ 931.00 Kerry $ 1,533.00 Karen $ 340.00 Kerry Karen Kerry Karen Kerry Karen Kerry and Karen Kerry and Karen 3 MARITAL LIABILITIES (BASED ON DATE OF SEPARATION ,.09/14/02) Description of Names of All Name of All Amount of Prooertv Creditors Debtors Debt Mortgage PSECU Kerry and Karen $ 80,000.00 Education Loan Sallie Mae Education Karen $ 44,000.00 Education Loan Department of Education Kerry $ 32,000.00 Visa PSECU Karen $ 293.00 MasterCard Capital One Kerry and Karen $ 1,000,00 (1930328388 ) Retail Credit Bon Ton Kerry and Karen $ 667.00 (073908535) Retail Credit Hechts Kerry and Karen $ 0,00 (93261594 ) Retail Credit JCPenny Kerry and Karen $ 0.00 (34610314561) 4 NON-MARITAL PROPERW Plaintiff lists all property in which a spouse has a le'9al or equitable interest which is claimed to be excluded from marital property: Item No, Description of Propertv Name of All Owners Values 12 Kerry's Inheritance Kerry (10/01/02) ? 11 Ring Karen $ 400,00 Mirror Karen $ 125.00 Camera Karen $ 200,00 Computer Monitor Karen $ 100,00 Glider Karen $ 100.00 Curio Karen $ 40,00 Sunbeam Mixer Karen $ 65,00 Wok Karen $ 25,00 Crockpot Karen $ 20,00 Breadmaker Karen $ 75,00 PURCHASED AFTER DATE OF SEPARATION - 09/14/02 25 Mattress and Springs (2) Karen $ 900.00 Treadmill Karen $ 300,00 Love Seats Karen $ 1,400,00 Desk chairs Karen $ 50.00 Wooden Rocker Karen $ 60,00 End Table Karen $ 40.00 Computer Karen $ 300.00 Desk Karen $ 175.00 Television Karen $ 200.00 Good set of China Karen $ 100.00 Microwave Karen $ 5.00 CookwarelDishes Karen $ 150.00 PictureslWall Hangings Karen $ 100.00 Sweeper Karen $ 100.00 Linens Karen $ 300.00 5 iN Dt\'TB Of' SBPf\Rt\'flON Bt\SBS 0 9Jl4/02 R [I;., Retri WilSon ~. ~on " "'.,;;..... ~: ",000 """'" ~""" ' ~ 00 .,..- ,,000 " .W "',0 110"'" 200""'''' B'''' B<>"-' S"""" "",n' ., on , 000 \\.... ,N ,B<>"- ' "" " "'--,..- 1 000 ~;,;,a.e< ,,,,,,,-,~ B '" _"'^ " ca-' 00" "",.., -iernr's Retirement a~ned \l8.!en' s Retitement 93\ \ 500 339 2000 \,000 400 \00 \ 000 300 %0 350 )(. 600 %00 50 \00 \00 )(. \00 %00 200 350 \00 500 500 \50 ~,O 250 100 15 30 50 200 200 500 \00 cnec\(ina t\cct-Reft'i cnec\(ino: t\cCt-\l8.!en sa~no:s t\cct-R~ sa~no:s t\cct-\l8.!en Bedtoom suite -"-iil!. scteen ~ '32" 'T'l \3" 1:'1[1;., 'lCR COUlnutet-l<.~ COUlnutet-\l8.!en Sc~et Dis\( ~cotdet wasnetl6r'iet ReUio:etatot ReUio:etatot-basement wctOwave D'lD p~"et D'lDNCR p\avet D'lDs [I;., 'lCRs cotilnutet Des\(s-2 RO\\ 'Ton Des\( Safe . \..R Coucn [I;., cna\tS \..R Coffee &. 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PA 17101 TELEPHONE: (717) 783-9065 FAX: (717) 783-9599 TOLLFREE: 1-800-633-5461 www.sers.state.pa.us July 30, 2003 KERRY L WJ:LSON 12 HAllTZDALE DR CAMP HILL PA 17011 SSN# 172-34-6931 Dear Mr. WILSON: Enclosed is a copy of the Retirement estimate(s) you requested. When you have reviewed thisestimate(s) and determined your Iretirement date, please call for an appointment so that we may properly complete your retirementllorms. There are several items required to finalize your retirement forms, and I would suggest you have them available on the date your forms are signed. 1. You should have addresses and dates of birth for aU beneficiaries you plan to name, and the Social Security number and date of marriage for your spouse. 2. You should also have the Social Security number for any family member you wish to enroll in your Retiree Health Insurance. 3. Proof of date of birth, i.e. Birth Certificate or Baptismal Certificate. 4. If selecting Options 2 or 3. you will need to furnish proof of date of birth of your your Designated Survivor.'. 5. If electing to rollover your contributions to a Qualified plan you will need to bring a completed SERS Rollover form. If you have any Questions regarding this estimate(s) or the instructions, please contact me any day, Monday thru Friday, 8:00 am to 4:30 pm at the telephone number listed on the top of this page. EST04 111111111111111111111I1111I11111111I11111111I11111111111I11I1111111111 COMMONWEALTH OF PENNSYlV AtllA STATE EMPLOYEES' RETIREMEN1' SYSTEM HARRISBURG REGIONAL COUNSEUNG CIENTER 30 NORTH THIRD STREET, ROOM :l19 HARRISBURG, PA 17101 TELEPHONE: (717) 783-9065 FAX: (717) 783-9599 TOllFREE: 1-800-833-5461 www.sers.state.pa.us July 30, 2003 SSN# 172-34-6931 KERRY L WILSON 12 HARTZDALE DR CAMP BILL PA 17011 Dear Mr, WilSON: The following information was used to calculate your retirement benefil estimate: Proposed Date of Retirement: 09/27/2003 Total State Service (current service period) FInal Avereg,e Salary 551 Credited Service Frozen PreSElnt Value Frz Present 'Value Debt Frozen Servl,C8 Credits Other Debts 25.8255 Total School Service 0.0000 $50.830.02 $0.00 $0.00 0.0000 $11.593.93 Your Birth Date 09/27/1943, Survivor's BII1h Date 12/02/1951 Your Sex M Survivor's Se.x F Total Account Balance: $57.590.10 Non-Taxable IContrlbutlons : $640.01 Previously Taxed Contributions made after 12/31/86: $0.00 Total Sarvlce Credits = 25.8255 (Brealldown listed Below) (Total excludes 551 service. class 5) Credlta Frozen Credits 2.7528 0.0000 23.0727 0.0000 Service: Class A AA Special Comments: ESTIMATE UPDATED TO INCLUDE PURCHASE OF 2.7528 YRS MILITARY BY ASSIGNING A DEBT TO THE PV. The following pages will provide you with various estimate amounts and a brief description of each option, For a more detailed explanation of your retirement baneflts and options, you should refer to your State Employees' Retirement System Member Handbook or talk with your retirement counselor. Please remember that many factors affect the computation of a retirement benefit. Changes to your years of service, Final Average Salary, retirement date and debts applied to your account can change your benefit amount. This estimate is based on the information as It appears above. The actual computation of your retirement benefit will use the final Information available after your employment with the Commonwealth has been terminated. EST04 11111111111111111111111111I11111111I11111111I11111111111I11I1111111111 On the following page you will find an explanation of each' option plan followed by estimate amounts lor that option plan under different withdrawal of contribution and interest options. You will first see the estimate amount with NO withdrawal. Then you will see the estimatel for a PARnAL WITHDRAWAL, or ONL Y NON-TAXABLE contributions. The last estimate amount fm each option plan will be with a TOTAL withdrawal. Under current law, you may withdraw a lump sum from your account or in payments of up to four installments and receive a reduced or adjusted annuity: Federal tax law allows you to directly t,ansfer you, taxable contributions into an "IRA" type of account. The total amount of your withdrawal cannot exceed your total contributions and interest. WHEN WITHDRAWING NON-TAXABLE CONTRIBUnONS, THEY MUST BE TAKEN IN ONE PAYMENT WITH YOUR INITIAL ANNUITY CHECK, TO BE TREATED AS NON-TAXABLE. NON-TAXABLE CONTRIBUTIONS NOT WITHDRAWN AT RETIREMENT AND PREVIOUSLY TAXED CONTRIBUTIONS MADE AFTER 12/31/1986, ARE TREATED AS "AXABLE AT THE nME OF RECEIPT, HOWEVER YOU WILL RECEIVE AN ANNUAL EXCLUSION ON YOUR 1099R FORM EACH YEAR UNTIL THE TOTAL AMOUNT OF YOUR PREVIOUSL,Y TAXED CONTRIBUnONS HAS BEEN RECOVERED. .. Please remember that all option plan elections are final and binding. However the law does permit retirees who have elected an Option 2 or Option 3 type survivor benefit plan to change their option/survivor under certain specific circumstances: 1) Your designated survivor predeceases you. 2) You divorce your designated survivor. 3) You marry after the date of your retirement. Should any of these circumstances occur you should contact your rellional retirement counseling center. After receiving appropriate counseling you may elect to keep your check the same or elect a new option plan. Your monthly annuity would then be recalculated based on your new option election and your age as well as the age and sex of the new survivor. ", IN ADDITION TO THE FIXED OPTION PLANS DISCUSSED IN THliS ESnMATE LETTER, THE STATE EMPLOYEES' RETIREMENT CODE ALSO PERMITS A MEMBER TO DESIGN HIS OR HER OWN RETIREMENT OPTION PLAN. UNDER SPECIAL OPTION 4, A MEMBER MAY DESIGN THE BENEFIT PLAN (OPTION) THEY DESIRE AND SUBMIT THE PLA~I, THROUGH THEIR RETIREMENT COUNSELOR, TO THE SERS ACTUARY. THE AC1'UARY WILL APPROVE OR DISAPPROVE THE PLAN BASED ON ITS ACTUARIAL EQUIVALE,NCY. SEVERAL RESTRICnONS DO APPLY. MEMBERS ARE ENCOURAGED TO ASK THEIR RE1r1REMENT COUNSELOR FOR INFORMAnON CONCERNING THESE BENEATS AND SUBMIT ANY REQUEST AS EARLY AS POSSIBLE. If you wish payments to be effective the day after your employmenttelrminates (termination date as provided by your agency), the Retirement Code requires that you file an Application for Annuity no later than 90 days after the date of your termination from employment. Applying after the 90 days will result in your benefit being effective the date your Annuity Application is filed with the SERS. We require a certified copy of your Birth or Baptismal Certificate be altached to the application as well as one for your named Survivor if you are electing an Option :! or Option 3 type retirement plan, Should you have any questions, please contact me at the telephone number listed on the first page of this estimate letter. . EST04 111111111111111111111I1111I11111111I11111111I11111111111I111I111111111 KERRY L WILSON ESTIMATED BENEFITS - S'TANDARD OPTIONS 172-34-6931 MAXIMUM SINGLE UFE ANNUITY WrrHDRAWAL MONTHLY J~MOUNT BENEFIT ' This plan provides the maximum amount none $2,608.88 each month for life. If you die before receiving in payments an amount equal to your contributions $640.01 $2,605.15 as they were at the time of retirement, the (partial) balance will be paid to your beneficiary(ies). You may name one or more beneficiaries at any time. $157,590.10 $2,272.95 (total) I OPTION 1 ANNUITY WITHDRAWAL MONTHLY PRESENT VALUE : This plan provides a reduced retirement AMOUNT BENEFIT TERM OF VALUE ! I allowance. In addition to monthly payments nClne $2,436.66 $447,250.95 for life, a value is placed on your retirement 15.2959 yrs I account called the PRESENT VALUE. I All payments to you are subtracted from the $640.01 $2,433.18 $446,610.94 Present Value. Any balance remaining at (pallial) 15.2959 yrs I your death will be paid to your beneficiary(ies). You may name one or more beneficiaries and $57,590.10 $2,122.91 $389,660.85 , may change beneficiaries at any time. (total) 15.2959 yrs I I I OPTION 2 ANNUITY WITHDFIAWAL MONTHLY SURVIVOR ! This plan provides a reduced retirement allowance AMOUNT BENEFIT BENEFIT , for life. The amount of reduction is based on your age and the age and sex of the person named none $2,062.96 $2,062.96 as your Designated Survivor Annuitant. Only one person may be named as your Designated $640.Q1 $2,060.00 $2,060.00 ! Survivor Annuitant. At your death, that person will (partial) I continue to receive for life the same monthly ! amount as was paid to you, in addition to any $57,5610.10 $1,797.32 $1,797.32 i outstanding amounts payable to you. (totlll) , OPTION 3 ANNUITY I WITHDRAWAL MONTHLY SURVIVOR I This plan provides a reduced retirement allowance AMOllNT BENEFIT BENEFIT , for life. The amount of reduction Is based on nonls $2,304.00 $1,152.00 I your age and the age and sex of the person named as your Designated Survivor Annuitant. Only one $640.Q1 $2,300.70 $1,150.35 ! person may be named as your Designated (partiiil) : Survivor Annuitant. At your death, that person will I continue to receive for life one half of the same $57,5911.10 $2,007.33 $1,003.67 i monthly amount as was paid to you, in addition to (total) : any outstanding amount payable to you. EST04 111111111111 I11I1 11111 "'" 11111111I111111 "'II 11111 1111I 11I11 1111 1111 . COMMONWEALTH OF PENNSYLVANIA STATE EMPLOYEES' RETIREMENT SYSHM TOLL FREE: 1-800-633-5461 www.sers.state.pa.us [ED 2003 STATEMENT OF ACCOUNT For: KAREN R WILSON BASIC DATA Personal Data --..- Social Security Number: 189-44-7609 Sex: FEMALE Birth Date: 02-DEC-1951 ~, FULL Coverage Type: Contribution Rate: 6.25% Counseling Center: HARRISBURG Normal Retirement Date: 02-DEC-2011 Final Average Salary: $42,820.40 2003 Retirement Covered Earnings: $45,357.00 Total SSI Non"Covered Ea,nings: -- Joint Cove,age Conversion Amount: Mandatory Debt: -- Service Purchase Debt: Service Credit as of December 31, 2003 * Class Years of Service Class , Years of Service AA-60 8.3547 ~-_. ---- -- -----.-- TOTAL SERVICE 8.3547 Principal Beneficiary(ies) ** KERRY L WILSON .{(you are eligible to purchase creditable state and/or non-state service, contact your Retirement Counselor for information on purchasing service, All requests to purchase service must be filed while you are an active, contributing member. .. Informationfiled on a Nomination of Beneficiary(ies) form before 1993 or since December 31,2003, or involving special circumstances (such as the designation of an estate or trust as your beneficiary) may not appear. A maximum of 10 beneficiaries may be shown here; however, you may have more beneficiaries on your retirement record. Keep your beneficiary information current. You may change your beneficiary nomination at any time by filing a new Nomination of Beneficlary(ies) form with SERS. Forms are available from your agency Personnel Office or your regional SERS Retirement Counseling Center. Please contact us if you do not want your beneficlary(ies) listed on future Statements. 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 *4LOO05000. Account Balance --- n_._' Regular SSI Contributions Contributions -- --- December 31, 2002, Balance $13,818.14 --------- Contributions $2,834.84 H______~_____ Lump Sum Payments ------..- Arrears Payments - ------- Credited Interest I $608.20 - YTD Adjustments ... , ------------ -~--- " , I December 31, 2003, Balance TOTAL DEDUCTIONS $1.,261..8 $17,261.181 Arrears Balance as of December 31, 2003 Regular SSI Taxable Breakdown of Your Account **** Taxable Contributions $14,580.41 Pre 87 Non-Taxable Contributions Post 86 Non-Taxable Contributions $528.84 Credited Intelrest (Taxable) $2,151.93 -- December 31, 2003, Balance $17,261.18 ... YTD (Year-To-Date) Adjustments reflect corrections to your account for which you already have received notification. .... SERS is a defined benefit plan under Internal Revenue Service Cod., Section 401 (a), SPECIAL CONDITIONS The following Special conditions apply to your benefit estimates or reasons estimates ""'ere not calculated: 111I111111111111111111111111111111111111111111111111111111111111111111 040681124-SERSOA- 7-1599. 799 I" 2003 STATEMENT OF ACCOUNT ESTIMATED RETIREMENT BENEFITS Estimated Retirement Benefits are provided if you have at least five years of credited service or you have reached your Normal Retirement Date and have at least three years of credited service, Note: If you haVe' credited service as a Multiple Service member (service in both SERS and the Public School Employees' Retirement System (PSERS), your estimate does not include your PSERS contributions, Your service may be overstated if in any calendar year you have concurrent ~ervice. If you bave projected benefits, any limits mandated by tbe Internal Revenue Service or the State Employees' Retirement Code, bave not been applied. Normal Retirement Date: 02-DEC-2011 Options with lSQ Wltbdrawal of Member's Money As of 12-3 I -03 As of 12-02-11 MAXIMUM SINGLE LIFE ANNUITY $464.93 $1,548.34 This plan provides the maximum amount eacb mon1l1 for life. If you die before receiving in payments an amount equal to your total accumulated deductions, the balance will be paid to your beneficiary(ies), You may name one or more beneficiaries at any time. OPTION 1 RETIREMENT $447.85 $1,446.13 This option provides reduced monthly benefits to you for life, A Present Value is placed on your account. All payments you receive are subtracted from 1I1e Present Value, Any balance remaining at 1I1e time of your death will be paid to your beneficiary(ies). You may name one or more beneficiaries and may change beneficiaries at any time, $93,658.92 $265,437.42 OPTION I PRESENT VALUE DISABD...ITY RETIREMENT $1,189.46 You must be certified by SERS Medical Examiners as pbysically or mentally incapable of performing current job duties and have at least five years of credited service (except State Police and Enforcement Officer-category employees, who have no minimum service requirement). Only active, contributing members or those on leave without pay may apply for Disability Retirement. You cannot withdraw your accumulated deductions if you take Disability Retirement. DEATH IN STATE SERVICE $93,658.92 If you are vested and die while an active employee, it will be assumed you retired under Option I the day before your death, The Present Value of your annuity will be payable to your beneficiary{ies), If you are not vested, your accumulated deductions wiJ! be payable tc your beneficiaIy(ies). As of 12-31-G3 As of 12-02-11 Options Adjusted for a TOTAL Wltbdrawal of $17,261.18 $49,876.17 ADJUSTED - MAXIMUM SINGI"E LIFE ANNUITY $379.24 $1,257.40 This option provides the maximum monthly benefit to you for life, When you take a total wi1l1drawal, there is no death benefit payable. ADJUSTED - OPTION 1 RETIREMENT $365.31 $1,174,40 This option provides reduced monthly benefits to you for life, A Present Value is placed on your account. All payments you receive are subtracted from 1I1e Present Value. Any balance remaining at the time of your death will be paid to your beneficiary(ies), ADJUSTED OPTION 1 PRESENT VALUE $76,397.74 $215,561.25 + PSECf KAREN R WILSON KERRY L WILSON 12 HARTZDALE DR CAMP HILL PA 17011-7907124 Post Eff 0901 0930 0930 Page 2 Description ID 01 SAVINGS Beginning Balance Payment: Dividend 1.980% Annual Percentage Yield Earned 1.99% from 09/01/02 Based on Average Daily Balance of 339.09 Ending Balance Dividend YTD: Year to Date 11 Page 2 Amount Balance 339.09 0.55 339.64 through 09/30/02 339 . 64 =================c~&================.============================================== 5.26 Post Eff 0901 0903 0904 0904 0904 0904 0906 0909 0910 0910 0910 0912 0912 0912 0915 0916 0917 Description ID 04 CHECKING Beginning Balance Check 001654 BILLPAYER CHECK 090405 FOR $500.00 WAS MAILED TO CAPITAL ONE. Check 001653 Check 001655 Payment: PA TREASURY DEPT TYPE: PAYROLL ID: 1236003133 Check 090405 Payment: PA TREASURY DEPT TYPE: TRAVEL ID: 1236003133 Check 001657 Check 001656 BILLPAYER CHECK 091204 FOR $20.00 WAS MAILED TO AMERICAN EXPRESS. Check 001658 Withdrawal at ATM #00004347/DU2727 ATM 3635 SIMPSON FERRYCAMP HILL PA Check 091204 BILLPAYER CHECK 091705 FOR $300.00 --- Continued on following page ___ Amount Balance 1515.79 100.00- 1415.79 10.00- 1405.79 35.00- 1370.79 1124.40 2495.19 500.00- 1995.19 97.42 2092.61 25.00- 2067.61 606.00- 1461.61 10.00- 1451.61 200.00- 1251. 61 20.00- 1231. 61 PSECV KAREN R WILSON KERRY L WILSON 12 IlARTZDALE DR CAMP HILL PA 17011-7907124 Post Eff 0917 0917 0917 0917 0917 0920 0921 0922 0923 0923 0923 0924 0924 0924 0925 0930 0930 0930 0930 Description WAS MAILED TO CAPITAL ONE. BILLPAYER CHECK 091708 FOR $300.00 WAS MAILED TO BON TON. Withdrawal PENN STATE UNIV TYPE: ALUMNI DUE ID: 7246000376 Check 001659 Payment: PA TREASURY DEFT TYPE: PAYROLL ID: 1236003133 Withdrawal via Home Banking Transfer To Loan Withdrawal PaS #00076196 POS 5140 SIMPSON FERRYMECHANICSBURGPAWEIS Withdrawal PRUDENTIAL INS TYPE: INS PREM ID: 9522589001 Check 091705 Check 091708 Withdrawal SALLIE MAE TYPE: SLMA DEBIT ID: 5209742706 Check 001662 Check 001661 Check 001660 BILLPAYER CHECK 093002 FOR $17.42 WAS MAILED TO SILKIES. Payment: Dividend 1.000t Annual Percentage Yield Earned Based on Average Daily Balance Ending Balance Dividend YTD: Year to Date Page 3 11 Page 3 Amount Balance 20.00- 1211.61 25.00- 1186.61 1124.40 2311.01 09 44.00- 2267.01 54 .45- 2212.56 38.25- 2174.31 300.00- 1874.31 300.00- 1574.31 348.47- 1225.84 25.00- 1200.84 30.00- 1170.84 55.00- 1115.84 1.27 1117.11 1.01t from 09/01/02 through 09/30/02 of 1,540.72 1117.11 --- Continued on following page --- 11.70 PSiCV 11 Kl\REN R WILSON KERRY L WILSON 12 HARTZDALE DR CAMP HILL PA 17011-7907124 Page 4 Page 4 Number Amount Number Amount Number Amount Number Amount 001653 10.00 001657 25.00 001661 30.00 091705- 300.00 001654 100.00 001658 10.00 001662 25.00 091708- 300.00 001655 35.00 001659 25.00 090405- 500.00 001656 606.00 001660 55.00 091204- 20.00 - Asterisk next to number indicates skip in number sequence ==========~=s_=====__.__=.==============._=z==.========.:========================== Total Dividend YTD: Year to Date Total YTD Finance Charge: Year to Date 16.96 0.00 + 11 Visa Statement of Account PSiCt KAREN R WILSON 12 IlARTZDALE DR CAMP HILL PA 17011-7907124 ~ Page 1 <- ,,( .t. It .. . It I. w' Post Tran Reference 0921 Description Payment via Home Banking Transfer From Amount Share 04 44.00- 24.57 191.82 16.98 59.99 0923 0921 2439900LTSA5G31QX 0923 0921 2438894LTB22S781S 0924 0921 2413829LSHJGK99K7 0929 0927 2430173MOWGPFGNSH 5311 5251 5542 5941 KMART 00042754 MECHANICSBURG PA JUST CABINETS 21 IlARRISBURG PA HESS # 38285 CAMP HILL PA BLEACIIER BUMS CAMP HIL:~ PA YTD Finance Charge: Year to Date 0.00 ..-.: TUNU C110N TOTAl. 9.900' 12.900' 0.82500' 30 1.07500' 30 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0 ...., 0 C:~:} (';:) ., ~- -" (":: =;:J ~:. :..- , i I I "'- --.' ,- 0 ;;,] -'.",. i",,) -< C;"', KAREN R. WILSON, 189-44-7609 Plaintiff v. IN THE cown OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTIOt\1 - LAW KERRY L, WILSON, 172-34-6931 Defendant NO, 03-5345 IN DIVORCE Civil Term INCOME AND EXPENSE STATEMENT OF KAREN R. WILSON. PLAINTIFF I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are, made subject to the penalties of 18 Pa,C,S. 94904 relating to unsworn falsifications to authorities. ~/:2./oy ~//J1~ Ka R. Wilson, Plaintiff Date Federal Withholding $ 172.09 Social Security $ 108,34 Local Wage Tax $ 29,71 State Income Tax $ 53,65 Retirement $ 109,22 Savings Bonds $ Credit Union $ Life Insurance $ Health Insurance $ Other (specify) Medicare $ 25,34 Unemplovment Tax $ 1.57 NET PAY PER PAY PERIOD *$ 1.247.58 *Pay stub dated April 16, 2004 is attached. 1 Other Income: Week Month Year Interest $ $ $ Dividends $ $ $ 35.00 Pension $ $ $ Annuity $ $ $ Social Security $ $ $ Rents $ $ $ Royalties $ $ $ Expense Account $ $ $ Gifts $ $ $ Unemployment Compo $ $ $ Workmen's Comp, $ $ $ Misc $ $ $ $ $ $ TOTAL $ $ $ 35,00 TOTAL NET INCOME $ $ $ 32.472.08 2 EXPENSES: Week Month Year Home Mortgage/rent $ $ 6~15.00 $ Maintenance $ $ $ Utilities Electric $ $ 32,00 $ Gas $ $ 45.00 $ Oil $ $ $ Telephone $ $ 4l3.85 $ Water $ $ 20.00 $ Sewer $ $ $ EmDlovment Public Transportation $ $ $ Lunch $ 20.00 $ $ Parking $ $ 110,00 $ Taxes Real Estate $ $ $ Personal Property $ $ 9.80 $ Income $ $ $ Insurance Homeowners $ $ $ Automobile $ $ 80.00 $ 3 Week Month Year Life (Karen and David) $ $ 49.77 $ Accident $ $ $ Health $ $ $ Other (Flood Rental) $ $ $ 135.00 Automobile Payments $ $ $ Fuel $ $ 100.00 $ Repairs $ $ $ 600.00 Medical Doctor $ $ $ 600,00 Dentist $ $ $ 108.00 Orthodontist $ $ $ Hospital $ $ $ Medicine $ $ $ 275,00 Special Needs (glasses and contacts) $ $ $ 435.00 Education Private School $ $ $ Parochial School $ $ $ College $ $ $ Religious $ $ $ 4 Week .Month Year Personal Clothing $ $ 200.00 $ Food $ $ 300.00 $ Barber/hairdresser $ $ ~!5.00 $ Credit payments $ $ 50.00 $ Credit card $ $ 200.00 $ Charge account $ $ $ Memberships $ $ 3210,00 $ Loans Credit Union $ $ $ Sallie Mae Education $ $ 350.00 $ $ $ $ Miscellaneous Household help $ $ $ Child care $ $ $ Papers/books/ magazines $ $ 20,00 $ Entertainment $ $ 100..00 $ Cable $ $ 105.00 $ Vacation $ $ $ 2.000,00 Gifts $ $ $ 2,000,00 Legal Fees $ $ $ 2.000.00 5 Week Month Year Charitable contributions $ $ $ 1.365.00 Other Child Support $ $ $ Alimony payments $ $ $ Other: $ $ $ $ $ $ $ $ $ TOTAL EXPENSES: $ ?O 00 $ ? 8na 4? $ 9 n18 00 6 KAREN R. WILSON, 189-44-7609 Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW KERRY L. WILSON, 172-34-6931 Defendant NO. 03-5345 IN DIVORCE Civil Term CERTIFICATE OF SERVICI~ I, Harry L. Bricker, Jr., Attorney for Plaintiff, herebl' certify that I have served the attached document by placing same in the United States Mail, first class, postage pre-paid addressed as follows: Kerry L. Wilson 12 Hartzdale Drive Camp Hill, PA17011 Defendant &/ d) oV Date' I ~\~:k~r, squire AttorneVer ainti 407 North Fmnt Street Harrisburg, PA 17101 Telephone No. (717) 233-2555 Attorney 1.0. No. 07049 Personnel No. 00464855 Aging Karen R Wilson 4175 Mountain View Road Machanicsbu,g, PA 17050-7629 LUllllllUllwedILIJ UJ reJJll::'YIVdllld EMPLOYEE PAY STATEMENT 001581 GROSS EARNINGS YEAR TO OA TE 13,980.00 EARNINGS HOURS RATE AMOUNT NET PAY THIS PAY Normal WOrking hours 75.00 23.30 1,747.50 PENNSYLVANIA STATE EMPl CU 1,247.58 TOTAL NET 1,247,58 DEDUCTIONS THIS PAY YTD Fed8fal Withholding Tax 172.09 1,376.62 TX EE Sodal Secunty Tax 108.34 866.76 TX EE Medicare Tax 25.34 202.71 State Withholding-Pennsylvania 53.65 429.20 Local Wage Tax-Mechanicsburg Borough 29.71 237.68 TX EE Unemployment Tax 1.57 12.58 State Emp Ret 109.22 873.76 TOTAL DEDUCTIONS 499,92 3:999,31 REIMBURSEMENTS THIS PAY YTD TOTAL EARNI~IGS 1,747.50 TOTAL REIMBURSEMENTS SERVICE CREDIT 08 YR 17 PP EMPLOYER PAID BENEFITS THIS PAY TX ER Social Security Tax 108.34 SENIORITY INFORMATION TX ER Medicare Tax 25.34 ER Basic life 4.60 State Emp Ret 8.74 IVITY Annuitant Mad HOSpital 160.00 ANNUAL SICK PERSONAL ER Worxers Comp Benefit Quota Laat Stmnl 268.61 467.15 2.00 26.58 Accrual This PP 4.33 3.75 0.00 PR Non-COVered Medical H 235.00 Absence Reported nlis PP 0.00 0.00 0.00 -- Adjustment 0.00 0.00 0.00 i>f= Quota This Stmnt 272.94 470.90 2,00 -- 0_ TOTAL BENEFITS 568.60 ACCRUAL RATE: ANNUAL 5.77 % SICK 5,00% - Period Ending 04/0212004 Organizational Unit Name: AN Cntrs Mgmt and AppJ Di B/U: A3 Group: 08 Level: 04 FWT Marital Status: M No. Exemptions I Allowance!l: 00 Pay Date '04/1612004 CDC Code: 0008888 ~ -= FWT Taxable Gross: 1,638.28 - iiiiiii -~ ."';" r-i~;:' I (') L ...., c:~-, ,;,;;;;:;:J .c- (.... ~ , ,J;;- , ~~ =2 -v ~ (') -n -l I::D rl1p_ .,.,rn ..ljCJ \~~ ~?I' n ", 0' ~,-,," -:0 '-< " KAREN R. WILSON Plaintiff v. KERRY L. WILSON Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA : NO.: 03..5345 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Harry L. Bricker, J., Esquire., in the above-captioned action, Respectfullly submitted, ~ r ~---~--~ ....^:,~..~-". --."----.. ~ fl'ar1:y...Lr.-ricker;~ squire 4Q7North Front Street Harrisburg, PA 17101 ID# 07049 Tel. (717) 233-2555 Date: \ f) ~ \. ~ - 0 Lt-- PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance ofJoseph D, Caraciolo, Esquire in the above-captioned action, Date: (01 )"S/O'1 ( { - fiillpt h D. Caraciolo, Esquire 108 Market Street Camp Hill, Pennsylvania 170 Ii ID# 90919 Tel. (717)763-1800 ,..., "':.:0 = ...- C) C'") -l N -.J o 'n T.::!l I~..~..:.: '-Z. n ~n I," ~( ..'-n <-n . ~~ (') ; ':;.cn ,eel 1:;'" ~!~ --0 :x N C) <'-,..,) II REN R. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-5345 Civil Term KERRY L. WILSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRTTTTON TO PRF.vFNT mSSIPATTON OF MARITAl. ASSRTS Petitioner, Karen R. Wilson, files this Petition for Injunctive Relief, and in support thereof, avers as follows: I. Wife is the plaintiff in the above-captioned divorce action, 2, Husband is the defendant in the above-captioned divorce action. 3. Wife filed a Complaint in Divorce on October 8, 2003 requesting economic relief, including a request for equitable distribution. 4. Wife has learned that Husband intends to retire on June 19,2005 and cash out his retirement account 5. The retirement account represents a substantial portion of the marital property. 6. Wife believes that Husband will either remove these funds from the Commonwealth of Pennsylvania, spend the funds, or secret them in order to defeat her claim to an equitable distribution of this marital property. 7. Wife further believes that Husband will dissipate, alienate or encwnber other marital property of the parties. 8. Section 3323(0 of the Divorce Code provides in relevant part: "In all matrimonial causes, the court shall have full equity power and jurisdiction and may " (' issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party...." 9. Section 3505(a) of the Divorce Code provides: "Where it appears to the court that a party is about to leave the jurisdiction of the court or is about to remove property of that party from the jurisdiction of the court or is about to dispose of, alienate or encwnber property in order to defeat equitable distribution, alimony pendente lite, alimony, child and spousal support or a similar award, an injunction may issue to prevent the removal or disposition and the property may be attached as prescribed by general rules." I O. Pennsylvania Rule of Civil Procedure I 920.43(a) provides: "At any time after the filing of the complaint, on petition setting forth the facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (1) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encwnbering of real or personal property in accordance with Rule 1531(a), (c), (d) and (e); or (2) order the seizure or attachment of real or personal property; or (3) grant other appropriate relief." I I. The requested relief is the only way to ensure Husband does not dispose of the marital property in a way adverse to Wife's interests. WHEREFORE, Petitioner, Wife, respectfully requests that this Honorable Court grant the within Petition for Injunctive Relief and enjoin and restrain Husband from encwnbering, " r issipating, seIling or otherwise alienating any and all marital assets of the parties. Date: June 7, 2005 R"7x~rt- J eph D, Caraciolo, Esquire 08 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 10# 90919 Tel. (717) 763-1800 II " ." KAREN R. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-5345 Civil Term KERRY L. WILSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE rRRTTFlrATF. OF SFRVTrF. I, Joseph D. Caraciolo, Esquire, hereby certifY that on the below-noted date, served a true and eorrect copy of the foregoing PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: Gary Kelley, Esquire 119 North Front Street Harrisburg, PA 17102 Jp, eph D. CaraclOlo, Esquire ~1 08 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID#90919 Tel. (717)763-1800 Date: June 7, 2005 II r . .' REN R. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-5345 Civil Term KERRY L. WILSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE A TTORNFV VF.RIFIC:A nON The undersigned, Joseph D. Caraciolo., Esquire, hereby verifies and states that: I. He is the attorney for the Plaintiff, Karen R. Wilson.; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. I' ~1 Respeslt'fuIIy(submittei, //~ td-- .Jb,.seph D. Caraciolo, Esquire in 08 Market Street, Aztec Building Camp HilI, Pennsylvania 17011-4706 Date: June 7,2005 ID#90919 Tel. (717) 763-1800 --0 -::;,;.. q, q.-o ~ "\ r-: " . \';1" -<' ~5~ '- \.-:,-....""l, :::':-"3 r'')'() .>~_ ('I' ~;>"\ '-:::::\ :~; -!..t.:. 9 "';: ~ ~ '-- ~ .- \ .p <.2 C' (...., rl RECEIVED JUN 13 2005 f~ KAREN R. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-5345 Civil Term KERRY L. WILSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORnRR AND NOW, this It fM. day of :r '-"'L , 2005, in consideration of the Petitioner's request, a hearing shall be scheduled in Courtroom 5 of the Cumberland County ~ ~:)OA'IM . day of r ,2005. Pending such Court of Common Pleas, on the ~~ .A hearing, Husband is hereby enjoined from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties, including, but not limited to, any pension or other retirement account in which either party has an interest. J. j I \~nr"'~1 t\..L1'<1-.. ....'Nn8 o Z : 1 t.ld S I rlf1r SOUZ AbV.,LC.'":;",]C},,LL0Ud 3Hl jO :jJ;~,;:!()-{j~nL:J KAREN R. WILSON, Plaintiff IN THE COURT O]~ COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 03-5345 Civil Tl'rm KERRY L. WILSON, Defendant CIVIL ACTION - DIVORCE ORDER AND NOW, thi~~ay of June, 2005, upon consideration of Defendant's Counsel's request for a continuance of the hearing scheduled for June 22, 2005 and Plaintiff's Counsel's assent thereto, it is hereby ORDERED and DECREED that Counsel's request is GRANTED and - - .~ the hearing scheduled for June 22, 2005 is continued until Jj~. V W7 7 , 2005 I atll: () () ~ It is further ORDERED and DECREED that all aspects of this Court's Order dated June 14, 2005 shall remain in full force and effect pending further Order of Court. EDWARD E. GUIDO, JUDGE Vii\i'sl./(1i\Si'/\I:1(] Al.Hn:;"'j "~(i/ln:J SO :6 H\I SZ NeW ~ooz AclVlCNOh.LOud 3fli ;]0 38H~Cr{]3l1:l KAREN R. WILSON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KERRY L. WILSON, DEFENDANT AND NOW, this 03-5345 CIVIL TERM ORDER OF COURT ~ day of July, 2005, by agreement of the parties, the following order is entered: (1) Neither party shall dissipate any marital assets, including their pensions, pending further agreement or order of court. (2) If the parties have not reached an agreement for equitable distribution of husband's pension benefits by the time he is to start recE~iving such benefits, and they cannot agree to a temporary distribution, either party may seek a further order of court :sal clJ ~ f\\) \) / 5: is u;Q 0(~ ~,':t;:r= c) (.1: wo... ='t!..! "-if 15 ...:r If) 05 x: <<r 00 I -J ~ ...., L'"> = = <'oJ , ,- e- :::::: ;-~?< '-<2 -' ~~r <.... ;3 ",... ;~,-~~ ,R.;,fl "'"......... :5 () . ',' . ", ,.,,1." ,c.;"" ' .:. " " " ", II 'I I KAREN R. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 03..5345 Civil Term KERRYL. WILSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRTlTTONTOPRRVF.NTmSS1PATIONOFMARlTAT. ASSRTS ANn FOR C:ONTRMPT: Petitioner, Karen R. Wilson, files this Petition for Injunctive Relief, and in support thereof, avers as follows: I. Wife is the plaintiff in the above-captioned divorce action. 2. Husband is the defendant in the above-captioned divorce action. 3. Wife filed a Complaint in Divorce on October 8, 2003 requesting economic relief, including a request for equitable distribution. 4. Wife has learned that Husband intends to retire on June ]9,2005 and cash out his retirement account 5. The retirement account represents a substalltial portion of the marital property. 6. On July 8, 2005, the Honorable Edgar B. Bayley ordered that "Neither party shall dissipate any marital asset, including their pensions, pending further agreement or order of court." A true and correct copy is attached hereto as Exhibit "A," 7. Wife has learned that husband has been, and continues, to draw money from his retirement fund, in direct disobedience of the Honorable Judge's order. 8. Wife further believes that Husband will (:Qntinue dissipate, alienate or encumber II other marital property of the parties, and/or, hide the marital assets he has encumbered. 9. Section 3323(f) of the Divorce Code provides in relevant part: "In all matrimonial causes, the court shall have fuIl equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party...." 10. Section 3505(a) of the Divorce Code provides: "Where it appears to the court that a party is about to leave the jurisdiction of the court or is about to remove property of that party from the jurisdiction of the court or is about to dispose of, alienate or encumber property in order to defeat equitable distribution, alimony pendente lite, alimony, child and spousal support or a similar award, an injunction may issue to prevent the removal or disposition and the property may be attached as prescribed by general rules." 11. Pennsylvania Rule of Civil Procedure 1920.43(a) provides: "At any time after the filing of the complaint, on p,:tition setting forth the facts entitling the party to relief, the court may, upon such terms and conditions as it deems just, including the filing of security, (I) issue preliminary or special injunctions necessary to prevent the removal, disposition, alienation or encumbering of real or personal property in accordance with Rule 1531(a), (c), (d) and (e); or (2) order the seizure or attachment of real or personal property; or (3) grant other appropriate relief." 12. The requested relief is the only way to ensure Husband does not dispose of the " marital property in a way adverse to Wife's interests. 13. Husband is in contempt of the Honorabk Judge's order by dissipating and disposing of marital assets without an agreement of the parties or court order. 14. Wife has incurred substantial fees in attempting to enforce the Honorable Judge's order, and in preparing this petition. 15. Due to Husband's willful violation of this Honorable Court's order, Husband should be further ordered to repay Wife's attorney's fees in preparation and enforcing this petition. WHEREFORE, Petitioner, Wife, respectfully requests that this Honorable Court grant the within Petition for Injunctive Relief and enjoin and restrain Husband from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties. In addition, Wife requests that Husband should be responsible for Wife's reasonab]e attorney's fees in preparation of this petition. eph D. Cara' 0, Esquire 08 Market Street, Aztec Building amp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 Date: August 25, 2005 II KAREN R. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-5345 Civil Term KERRYL. WILSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE CFRTlFIC:A TF OF S1~RV1('F' I, Joseph D. Caraciolo, Esquire, hereby certifY that on the below-noted date, served a true and correct copy of the foregoing .PETITION TO PREVENT DISSIPATION OF MARITAL ASSETS upon the following named counsel by depositiing same, postage prepaid, in the United States Mail, addressed as follows: Gary Kelley, Esquire 119 North Front Street Harrisburg, P A 17102 1 II 1W, ~;;Is", . ~ / 'v0 1/~ Date: August 25, 2005 oseph D. CaraclOlo, Esquire 2108 Market Street, Aztec Building Camp HilI, PennsylvlUua 17011-4706 ID# 90919 Tel. (717) 763-1800 \I KAREN R WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03.,5345 Civil Term KERRY L. WILSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE A TTORNRV VF,RTFICA TTON The undersigned, Joseph D. Caraciolo., Esquire, hereby verifies and states that: 1. He is the attorney for the Plaintiff, Karen R. Wilson.; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Respect,,';:J'i .'7. b'"V ~/vt, /{A J eph D. Caraciolo, EsqUlre 08 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: August 25,2005 ID# 90919 Tel. (717) 763-1800 KAREN R. WILSON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KERRY L. WILSON, DEFENDANT 03-5345 CIVIL TERM AND NOW, this ORDER OF COURT ~ day of July, 2005, by agreement of the parties, the following order is entered: (1) Neither party shall dissipate any marital assets, including their pensions, pending further agreement or order of court. (2) If the parties have not reached an agreement for equitable distribution of husband's pension benefits by the time he is to start receiving such benefits, and they cannot agree to a temporary distribution, either party may seek a further order of court by directing a petition to this judge who will expedite a hearin.s--..../ .... , By th~t, (\ Edgar B. Bayley, J. --~ vd6seph D. Caraciolo, Esquire F or Plaintiff ~ry Kelley, Esquire For Defendant :sal / <> ,.., 0 ~ c; r:::':) -n en ~, ,-,- :;::... s='~ ," C,:: n" rl1p': G') -nO] N ~r) \.....J (,]1 () )) ~~2; ~\"n c~. 1'0 '::4 W i~ -.< W .< - II " ) RECEiVED AUG 2 D 1lIa5f KAREN R. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-5345 Civil Term KERRY L. WILSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORnFR AND NOW, this 3o~ day of ~ ' 2005, in consideration of the Petitioner's request, a hearing shall be scheduled in Courtroom '5" of the Cumberland County I J 111 ~ :c... eX f..jc)A..... Court of Common Pleas, on the day of Y'7 ~ ,2005. Pending such hearing, Husband is hereby enjoined from encumbering, dissipating, selling or otherwise alienating any and all marital assets of the parties, including, but not limited to, any pension or other retirement account in which either party has an interest. 1. Distribution: -Joseph D. Caraciolo, Esq., 2108 Market St., Camp Hill, PA 17011 -Gary Kelley, Esq., 119 North Front Street, Harrisburg, P A 171 02 . _ . 'LJ. 1'-3/- ~'~~- LJ-'. \iif\iWil\S:\'\:U "'I('A'-l ,'" '" '~'-"In<'\ I\d\l,l'.,',_, - ''',': ":'idIL'I:.V 8 I :6 WV 18 5nV SOOZ AtlV10NOiUO:Jd 3Hl ;]0 3:J1::l:I()-Q31id KAREN R. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KERRY L. WILSON, CIVIL ACTION - LAW Defendant NO. 03-5345 CIVIL TERM IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 13th day of September, 2005, hearing on this matter is continued until October 26th, 2005, at 1:00 p.m. Edward E. Guido, J. ~eph D. Caraciolo, Esquire For the Plaintiff ~ry L. For the :lfh . , ViNV/\-jA+::;:"' ;,! hrJd N.Nif'('" .;", IS: I I~d 02 d3S SOUZ AtlVlONOH10tJd 3H1 :l0 3JI:l.:!o-G311:l . h KAREN R. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-5345 Civil Term KERRY L. WILSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE PR A RrrP"R TO WTTHOR A W PF.nnON TO PRRVRNT mSSTP A nON OF M A RIT AT, ASSETS ANn FOR C:ONTF.MPT To The Prothonotary: Please withdraw the Petition to Prevent Dissipation of Marital Assets and for Contempt as the parties have reached an agreement with regard to the limited issues raised in this petition. Distribution: -Joseph D. Caraciolo, Esq., 112 Market Street, 6th Floor, Harrisburg, PA ]710]-2015 -Gary Kelley, Esq., 1119 North Front Street, Harrisburg, P A 17102 . ,.., -., " KAREN R. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-5345 Civil Term KERRY L. WILSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE C:F.RTTFWATF. OF SRRVWF. I, Joseph D. Caraciolo, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing PRAECIPE TO WITHDRAW PETITION TO PREVENT DISSIP A nON OF MARITAL ASSETS upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: Gary Kelley, Esquire 1119 North Front Street Harrisburg, P A 17102 Date: November 23, 2005 .., '-.:0"1 ':J:,-:, \"." <:-:~j \.J':: --<,'. ) (~ .') c.:: P~( KAREN R. WILSON, Plaintiff, IN THE COURT OF COMMON PLEAS DAUPHIN COUN1Y, PENNSYLVANIA v. No. 03-5345 KERRY L. WILSON, Defendant, CIVlLACTION - LAW IN DIVORCE AFFIDAVlT OF CONSENT L 8, 2003. A Comp]aint in Divorce under 93301(C) ofthe Divorce Code was filed on October 2. The marriage of Plaintiff and Defendant is irretrievab]y broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if I do not claim them before a divorce is granted. 1 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. :2/&/0& Date: , ~-t?vl' /J~ KAREN R. WILSON, Plaintiff "" c-..;;l ,';:,::'~ cr' ""'1 r'1 r,--':;::i , G""l ~) ~;h .-4 fFifTI !<"" c.~.' c-:.\ f'o,"! KAREN R. WILSON, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 03-5345 KERRY L. WILSON, Defendant, : CIVlLACTlON - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 1101(C) OFTHE DIVORCE CODE L I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree in Divorce is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: ;;/c~/o{' 'tvu?V~ W~~ KAREN R. WILSON, Plaintiff ", (:::,:;;) (;;;:)- (;).... ,'''1 71 =? ", c:.; c.... 9 f'\,) KAREN R. WILSON, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 03-5345 KERRY L. WILSON, Defendant, CIVIL ACTION - LAW IN DIVORCE AFFIDAVlT OF CONSENT 1. 8, 2003. A Complaint in Divorce under 93301(C) of the Divorce Code was filed on October 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: ;</(?/o G . ~( .., I/(-1 (~ KERRY L: WILSON, Defendant -.;> ~...~ ~~ -r, ,n co 1 C" (;) n ~'1 .-1 -r::-r .~;,!~; ) (:c.; ~n-) , ~.: I r-) ::< KAREN R. WILSON, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 03-5345 KERRY 1. WILSON, Defendant, CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION <\<\OI(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree in Divorce is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: ~/b;;'k , . , . I <C. / ~.__... .. L.{., ~~ KERkY 1. WILSON, befendant CO,,,, f'\..:; -~- "" f"":::;:' <,..:.J CX~ -", ,--, J', U:; I G, (-') ..:on ::;:J ;:Cj-l?J i71 C) ~, .j (-~,; nl :::.:: --< KAREN R. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 03 - 5345 CIVIL KERRY L. WILSON, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 'W day of ~, 2006, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on February 6, 2006, the date set for a four-party conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY / , ~. Edgar B. B y, P. . cc: Joseph D. Caraciolo Attorney for Plaintiff Gary L. Kelley Attorney for Defendant ,~ \::l\ L<<! ,\~5Y f\)-' fJJC1 \\{,~) ~" ./ ~ (' (~,O 0 . .()'t) /~ o 'MvJ (,fl-) - -.' --------- ~ KAREN R. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03 - 5345 CIVIL KERRY L. WILSON, Defendant IN DIVORCE THE MASTER: Today is Monday, February 6, 2006. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Karen R. Wilson, and her attorney Joseph D. Caraciolo, and the Defendant, Kerry L. Wilson, and his counsel Gary L. Kelley. This action was commenced by a complaint in divorce on October 8, 2003, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree which have been signed by both parties and dated today. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers with the Prothonotary. No claims were raised by either party for alimony or counsel fees and expenses. The parties were married on November 1, 1975, 1 r and separated September 14, 2002. Counsel have advised that after negotiations previously and this morning they have reached an agreement with respect to the claim for equitable distribution raised by wife. An agreement is going to be placed on the record in the presence of the parties. The agreement is not going to be subject to any changes or modifications except for correction of typographical errors. The substantive terms of the agreement are binding on the parties when they leave the conference room today. Counsel and the parties will have an opportunity to review the draft of the agreement for typographical errors, make any correction of typographical errors, and then affix their signatures affirming the terms of settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel will then be able to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Kelley. MR. KELLEY: Thank you, sir. We have reached a resolution with regard to the marital assets. The assets consist of husband's pension from retirement, wife's pension from employment, husband's leave payout from employment, wife's leave payout, wife's automobile, husband's automobile, and the equity in a home 2 ~ located at 12 Hartzdale Drive, Camp Hill, Pennsylvania. The assets total $555,046.00. A 50/50 distribution in this case would necessitate each party receiving $277,523.00. 1. Wife will retain her pension, her leave payout, her automobile, one-half of the home equity, and a sum which counsel have discussed with respect to the household goods. Presently wife has $133,378.00 in her possession. In order to equalize this to a 50/50 distribution, wife will be entitled to receive an additional $144,145.00 payable as follows: Husband will rollover $25,000.00 from his IRA account to wife. Wife will be entitled to receive an additional $119,145.00 to be rolled over ultimately from husband's pension account. A QDRO will be prepared within thirty days from the date of signing. 2. Husband will retain the remainder of his pension, his leave buyout, his automobile, and the marital residence at 12 Hartzdale Drive, Camp Hill, Pennsylvania. 3. More specifically with respect to the $119,145.00 to be received by wife, this will be payable in a monthly sum to wife. Additionally, husband shall maintain wife as a survivor on his pension. This will be done in a fashion similar to a decreasing term-life insurance policy; that is, while wife will be entitled to receive a sum total of $119,145.00, in the event of husband's passing, any amounts received by wife to that date shall be offset from the $119,145.00 and wife will receive the net amount due and payable through husband's survivor benefits. 4. Wife's counsel agrees that he shall prepare the deed in this matter and delivery of the deed shall occur within thirty days of today's date effecting transfer of title to husband. 5. The parties agree that they are going to relinquish all claims to any other assets that may be acquired by the other post-separation. 6. This agreement shall be in full satisfaction of all 3 equitable distribution claims by and between the parties. It would appear that the personalty of the parties has been divided to their satisfaction. 7. There is no other debt in this case for which one would be required to hold the other party harmless for. 8. By this agreement, the parties are also agreeing to a mutual release of one against the other and forever discharge the other in the estate of the other for now and in the future. 9. The parties also agree that they will promptly execute any and all documents that are necessary to effectuate this agreement upon presentation by the opposing party. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. CARACIOLO: Karen, you are present here with your counsel and you understand what has been happening today, correct? MS. WILSON: Correct. MR. CARACIOLO: And you realize that you've just entered into an agreement, right? MS. WILSON: Right. MR. CARACIOLO: And the terms of the agreement have been explained to you? 4 ~ MS. WILSON: Yes. MR. CARACIOLO: And have the terms that attorney Kelley read agree with the terms that were explained to you? MS. WILSON: Yes. MR. CARACIOLO: And is it your intention to enter into that agreement? MS. WILSON: Yes. MR. CARACIOLO: And is it your intention to be divorced from this marriage? MS. WILSON: Yes. MR. KELLEY: Kerry, you've been present while we recited the terms of the agreement. Do you understand the terms of the agreement that have been dictated this morning? MR. WILSON: Yes. MR. KELLEY: And you are in agreement with those terms? MR. WILSON: Yes. MR. KELLEY: And you are not under any duress, coercion or any undo influence this morning with respect to entering into this agreement? 5 . MR. WILSON: No. MR. KELLEY: And it's your intention then today to enter into a binding agreement with respect to the distribution of your assets? MR. WILSON: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: ! DATE: i /JC". ~/// ~q;sePh D. ~arac{~lo ittorn", for Plaintiff / \ I.J;) ~ /t, /{I (:, ~?LN/f (:t.Y~..,... Karen R. Wilson d/';~ M(, ,..".-..~ I 0(& :t' Kerry L. Wi 5Or1 6 ~ " sa RlECOPY KAREN R. WILSON, Plaintiff IN THE COURT OF COMMON ~LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03 - 5345 CIVIL KERRY L. WILSON, Defendant IN DIVORCE THE MASTER: Today is Monday, Februacy 6, 2006. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Karen R. Wilson, and her attorney Joseph D. Caraciolo, and the Defendant, Kerry L. Wilson, and his counsel Gary L. Kelley. This action was commenced by a complaint in divorce on October 8, 2003, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree which have been signed by both parties and dated today. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers with the Prothonotary. No claims were raised by either party for alimony or counsel fees and expenses. The parties were married on November 1, 1975, 1 . and separated September 14, 2002. Counsel have advised that after negotiations previously and this morning they have reached an agreement with respect to the claim for equitable distribution raised by wife. An agreement is going to be placed on the record in the presence of the parties. The agreement is not going to be subject to any changes or modifications except for correction of typographical errors. The substantive terms of the agreement are binding on the parties when they leave the conference room today. Counsel and the parties will have an opportunity to review the draft of the agreement for typographical errors, make any correction of typographical errors, and then affix their signatures affirming the terms of settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel will then be able to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Kelley. MR. KELLEY: Thank you, sir. We have reached a resolution with regard to the marital assets. The assets consist of husband's pension from retirement, wife's pension from employment, husband's leave payout from employment, wife's leave payout, wife's automobile, husband's automobile, and the equity in a home 2 , located at 12 Hartzdale Drive, Camp Hill, Pennsylvania. The assets total $555,046.00. A 50/50 distribution in this case would necessitate each party receiving $277,523.00. 1. Wife will retain her pension, her leave payout, her automobile, one-half of the home equity, and a sum which counsel have discussed with respect to the household goods. Presently wife has $133,378.00 in her possession. In order to equalize this to a 50/50 distribution, wife will be entitled to receive an additional $144,145.00 payable as follows: Husband will rollover $25,000.00 from his IRA account to wife. Wife will be entitled to receive an additional $119,145.00 to be rolled over ultimately from husband's pension account. A QDRO will be prepared within thirty days from the date of signing. 2. Husband will retain the remainder of his pension, his leave buyout, his automobile, and the marital residence at 12 Hartzdale Drive, Camp Hill, Pennsylvania. 3. More specifically with respect to the $119,145.00 to be received by wife, this will be payable in a monthly sum to wife. Additionally, husband shall maintain wife as a survivor on his pension. This will be done in a fashion similar to a decreasing term-life insurance policy; that is, while wife will be entitled to receive a sum total of $119,145.00, in the event of husband's passing, any amounts received by wife to that date shall be offset from the $119,145.00 and wife will receive the net amount due and payable through husband's survivor benefits. 4. Wife's counsel agrees that he shall prepare the deed in this matter and delivery of the deed shall occur within thirty days of today's date effecting transfer of title to husband. 5. The parties agree that they are going to relinquish all claims to any other assets that may be acquired by the other post-separation. 6. This agreement shall be in full satisfaction of all 3 . equitable distribution claims by and between the parties. It would appear that the personalty of the parties has been divided to their satisfaction. 7. There is no other debt in this case for which one would be required to hold the other party harmless for. 8. By this agreement, the parties are also agreeing to a mutual release of one against the other and forever discharge the other in the estate of the other for now and in the future. 9. The parties also agree that they will promptly execute any and all documents that are necessary to effectuate this agreement upon presentation by the opposing party. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. CARACIOLO: Karen, you are present here with your counsel and you understand what has been happening today, correct? MS. WILSON: Correct. MR. CARACIOLO: And you realize that you've just entered into an agreement, right? MS. WILSON: Right. MR. CARACIOLO: And the terms of the agreement have been explained to you? 4 MS. WILSON: Yes. MR. CARACIOLO: And have the terms that attorney Kelley read agree with the terms that were explained to you? MS. WILSON: Yes. MR. CARACIOLO: And is it your intention to enter into that agreement? MS. WILSON: Yes. MR. CARACIOLO: And is it your intention to be divorced from this marriage? MS. WILSON: Yes. MR. KELLEY: Kerry, you've been present while we recited the terms of the agreement. Do you understand the terms of the agreement that have been dictated this morning? MR. WILSON: Yes. MR. KELLEY: And you are in agreement with those terms? MR. WILSON: Yes. MR. KELLEY: And you are not under any duress, coercion or any undo influence this morning with respect to entering into this agreement? 5 MR. WILSON: No. MR. KELLEY: And it's your intention then today to enter into a binding agreement with respect to the distribution of your assets? MR. WILSON: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNE'SS: / / / '/[ "i/V('! /"" r"").- -I' /' i" - 1,/ /' hoseph D. Caraciolo ~ttorne~for Plaintiff / DATE: c') / 1~/tiU ~' ., " { ,t,-:- / ,/ t.- U 7,. /r t {!.c.tq-;f-i.... Karen R. Wilson }---.-, --' J I ! '/ ;:. ./ /--1 'I...{.,i, .{ 'vi Gary L>-r<:e'lre-y Attorney for,nef;bdant ,;.;~ <~'/~ /') " I~' /; < Kerry L." wils'OO'-, 6 L-'.... ~~ ,ri c-. KAREN R. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA vs. No. 03-5345 Civil Term KERRY L. WILSON, Defendant CIVIL ACTlON - LAW IN DNORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section X 3301( c) or 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: Sheriff's Return filed to the above term and number on October 13, 2003. 3. Complete either Paragraph A. or B. A.l Date of execution of the Affidavit of Consent required by Section 3301 (d) of the Divorce Code By Plaintiff: February 6, 2006 By Defendant: February 6, 2006 A.2 Date of filing of Plaintiff's and Defendant's Waiver of Notice of Intent: By Plaintiff: February 6, 2006 By Defendant: February 6, 2006 B.l Date of execution ofthe Plaintiff's Affidavit required under Section 3301(d) of the Divorce Code: B.2 Date of service of Plaintiff's Affidavit upon Defendant: Date of service of Notice to Intention to Inter: .., 1 1/ . N OREM~, p;t. ,'/ ./. . /c. By: y;' / --1 ~+~+++++~++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++~ . , , , . , , . , . . . . , . , . , , . , , , . . . , , . . , , , , . . , . . . . . . . . . . . . , . . , , . . , , . . , . , , , , . , , , , , . , . , , . , , . . , , , , . . , , , , , , , , , , , , , . , , , . , , . . , . , . , . . , , , , , , . , , . , , . . , , , , , , , , . . . , . . , , , , , , , . , , , . . . . . , . , , , . . '" , - ++ + + + + + + + + + + + + + 0+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY KAREN R. WILSON, PENNA. STATE OF PLAINTIFF No. 03-5345 Civil Term VERSUS KERRY L. WILSON, DEFENDI\NT DECREE IN DIVORCE ~/.'o( I.,M . )t){)~ IT IS ORDERED AND AND NOW, f/l (f 'J- KAREN R. WILSON DECREED THAT , PLAINTIFF, KERRY L. WILSON AND , DEFENDA~n. ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; THE MARITAL SEl'l'LEMENT AGREEMENT, BEING THE TRANSCRIPr OF MI'ISTER, EXECUTED BY THE PARTIES I\.ND RECORDED SIMULTANEOUSLY HEREWITH TO THE ABOVE TERM I\.ND NUMBER IS INcx)RPORATED HEREWITH BUT NCJI' Mt:Rl;!;:[) IN. , . , . . , , . . . , , , , , , , . , c . ~++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ ATTES{I /utk/cL- __________~ ~ROTHONOTARY , . , , , . . , , . . . , . , . ,.-<2. __7 ~A'vr;V ^'~/~ _ Y',J'77/ ,L... ,-;::, '/_""717 h :P p9~1>;} /zl? ~ -"":;!)'V~ ~v?Pf} ^'?,r?' 11 ...S' . ."'.. . .' . KAREN R. WILSON, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03-5345 Civil Term KERRY L. WILSON, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE PETITION FOR CONTEMPT AND TO ENFORCE PROPERTY SETTLEMENT AGREEMENT AND NOW, comes the Petitioner, Karen R. Wilson, by and through her attorneys, Foreman & Foreman, P.c., and Joseph D. Caraciolo, Esquire, and brings this Petition for Contempt and to Enforce Property Settlement Agreement and, in support thereof, avers as follows: 1. Petitioner is Karen R. Wilson, who was the Plaintiff in a divorce action between the parties. 2. Respondent is Kerry L. Wilson, who was the Defendant in the action captioned above. 3. On February 6, 2006, Petitioner responded and entered into a comprehensive property settlement agreement which, by its terms, determine the equitable distribution of marital property. A true and correct copy of the Property Settlement Agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference. 4. On May 2, 2006, a final Decree in Divorce was entered by the Court of Common Pleas of Cumberland County, Pennsylvania, and said Property Settlement Agreement was incorporated in, but not merged with, the final Decree. 5. As part of the Property Settlement Agreement, wife was to receive "$119,145.00 to be rolled over ultimately from Husband's pension account." 6. Contrary to the terms of the Property Settlement Agreement, Respondent has not rolled over such $119,145.00. 7. Additionally, as part of the Property Settlement Agreement, wife was to receive "$25,000.00 from [Husband's] IRA account. 8. Contrary to the terms of the Property Settlement Agreement, Respondent has not paid to wife the sum of $25,000.00. 9. Respondent is in contempt of court for failing to comply with the terms of the Property Settlement Agreement which may be enforced as an Order of Court under Section 3105A of the Divorce Code. 10. Respondent has the ability to comply with the relevant provisions of the Property Settlement Agreement. 11. Respondent shall be responsible for Petitioner's counsel fees and costs in connection with the instant petition. 12. This Honorable Court has the authority pursuant to Section 3105A and 3502E of the Divorce Code to enter an Order directing Respondent to comply with the Property Settlement Agreement. WHEREFORE, Petitioner, Karen R. Wilson, hereby respectfully requests that this Honorable Court enter an Order finding Respondent in contempt and directly Respondent to comply with the Property Settlement Agreement but, and reimbursing Petitioner's attorneys fees associated with the instant petition. D. Car . 10, Esquire V ran's Building 2 Market Street, 6th Floor arrisburg, Pennsylvania 17101-2015 10# 90919 Tel. (717) 236-9391 Date: May 9, 2006 KAREN R. WILSON, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03-5345 Civil Term KERRY L. WILSON, Defendant/Respondent CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Joseph D. Caraciolo, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing Petition for Contempt and to Enforce Property Settlement Agreement upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: Gary Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 ) Submi~d II I I ,. Date: May 9, 2006 88 R1ECOPV KAREN R. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 03 - 5345 CIVIL KERRY L. WILSON, Defendant IN DIVORCE THE MASTER: Today is Monday, February 6, 2006. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Karen R. Wilson, and her attorney Joseph D. Caraciolo, and the Defendant, Kerry L. Wilson, and his counsel Gary L. Kelley. This action was commenced by a complaint in divorce on October 8, 2003, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claim of equitable distribution. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree which have been signed by both parties and dated today. The divorce can, therefore, conclude under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers with the Prothonotary. No claims were raised by either party for alimony or counsel fees and expenses. The parties were married on November 1, 1975, 1 I- and separated September 14, 2002. Counsel have advised that after negotiations previously and this morning they have reached an agreement with respect to the claim for equitable distribution raised by wife. An agreement is going to be placed on the record in the presence of the parties. The agreement is not going to be subject to any changes or modifications except for correction of typographical errors. The substantive terms of the agreement are binding on the parties when they leave the conference room today. Counsel and the parties will have an opportunity to review the draft of the agreement for typographical errors, make any correction of typographical errors, and then affix their signatures affirming the terms of settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel will then be able to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Kelley. MR. KELLEY: Thank you, sir. We have reached a resolution with regard to the marital assets. The assets consist of husband's pension from retirement, wife's pension from employment, husband's leave payout from employment, wife's leave payout, wife's automobile, husband's automobile, and the equity in a home o ~ located at 12 Hartzdale Drive, Camp Hill, Pennsylvania. The assets total $555,046.00. A 50/50 distribution in this case would necessitate each party receiving $277,523.00. 1. Wife will retain her pension, her leave payout, her automobile, one-half of the home equity, and a sum which counsel have discussed with respect to the household goods. Presently wife has $133,378.00 in her possession. In order to equalize this to a 50/50 distribution, wife will be entitled to receive an additional $144,145.00 payable as follows: Husband will rollover $25,000.00 from his IRA account to wife. Wife will be entitled to receive an additional $119,145.00 to be rolled over ultimately from husband's pension account. A QDRO will be prepared within thirty days from the date of signing. 2. Husband will retain the remainder of his pension, his leave buyout, his automobile, and the marital residence at 12 Hartzdale Drive, Camp Hill, Pennsylvania. 3. More specifically with respect to the $119,145.00 to be received by wife, this will be payable in a monthly sum to wife. Additionally, husband shall maintain wife as a survivor on his pension. This will be done in a fashion similar to a decreasing term-life insurance policy; that is, while wife will be entitled to receive a sum total of $119,145.00, in the event of husband's passing, any amounts received by wife to that date shall be offset from the $119,145.00 and wife will receive the net amount due and payable through husband's survivor benefits. 4. Wife's counsel agrees that he shall prepare the deed in this matter and delivery of the deed shall occur within thirty days of today's date effecting transfer of title to husband. 5. The parties agree that they are going to relinquish all claims to any other assets that may be acquired by the other post-separation. 6. This agreement shall be in full satisfaction of all 3 equitable distribution claims by and between the parties. It would appear that the personalty of the parties has been divided to their satisfaction. 7. There is no other debt in this case for which one would be required to hold the other party harmless for. 8. By this agreement, the parties are also agreeing to a mutual release of one against the other and forever discharge the other in the estate of the other for now and in the future. 9. The parties also agree that they will promptly execute any and all documents that are necessary to effectuate this agreement upon presentation by the opposing party. 10. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. CARACIOLO: Karen, you are present here with your counsel and you understand what has been happening today, correct? MS. WILSON: Correct. MR. CARACIOLO: And you realize that you've just entered into an agreement, right? MS. WILSON: Right. MR. CARACIOLO: And the terms of the agreement have been explained to you? 4 MS. WILSON: Yes. MR. CARACIOLO: And have the terms that attorney Kelley read agree with the terms that were explained to you? MS. WILSON: Yes. MR. CARACIOLO: And is it your intention to enter into that agreement? MS. WILSON: Yes. MR. CARACIOLO: And is it your intention to be divorced from this marriage? MS. WILSON: Yes. MR. KELLEY: Kerry, you've been present while we recited the terms of the agreement. Do you understand the terms of the agreement that have been dictated this morning? MR. WILSON: Yes. MR. KELLEY: And you are in agreement with those terms? MR. WILSON: Yes. MR. KELLEY: And you are not under any duress, coercion or any undo influence this morning with respect to entering into this agreement? 5 MR. WILSON: No. MR. KELLEY: And it's your intention then today to enter into a binding agreement with respect to the distribution of your assets? MR. WILSON: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNBSS: / DATE: ./ / I J .'i i' /./ /1 //', .:".1 .,".// _ L.. " 'v ' ____ (.J' i"/;' ( / [I'" Joseph D. Caraciolo ~ttorne~.for Plaintiff _,l ;)./ '" I~ /t1t'J ~/ Ni U 71/ l,~ t{L'~'7'--' Karen R. Wilson /---:; -' (i /J / . . ' ./ ,/1"'.' ,<-J....e v.{\"! G.ary Lr:----Kellre~y ! Attorney for/DefE7.hdant '.. ./ ./..... ,;/ /,,?' (' /) /- ..... ,~- " . ''';'~I -< 1/ <[-" '/' I,.., . ",. . . Kerr-y L .""Wils'on'.. r o (') ~-:: =~ r--.> c;:::> c-;;> c~ ~ -I ...... ii;:!J r- j5@l OJ. :::;:jSfl ?"i :::d .::,.;;.() OIYI ~ .:0 -< :J:: )> -< ,) :!C c....> N W "\ ". .-... ~ . . t KAREN R. WILSON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. KERRY L. WILSON : NO. 2003 - 5345 CIVIL TERM ORDER OF COURT AND NOW, this 17TH day ofMA Y, 2006, a hearing on the Petition for Contempt and to Enforce Property Settlement is scheduled for FRIDAY. JUNE 2. 2006. at 8:30 A.M. in Courtroom # 3 of the Cumberland County Courthouse, Carlisle, Pa. Edward E. Guido, J. ~eph D. Caraciolo, Esquire ~ary Kelley, Esquire ~ au r:P \~ :sld , - Il" ,II \\~ (, \ ~ ~\\ q~~l 1\M\IO",(",\,'\(\\'\lO' "'"'l\li ,,0 1\0'1),.: ,\,;\.)\,\1.V" :;srUo 38\:\J.,Q-G3\\:\ '..-' I . - KAREN R. WILSON, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA vs. No. 03-5345 Civil Term KERRY l. WILSON, DefendanVRespondent CMLACllON -LAW IN DNORCE MonON FOR CONnNUANCE AND NOW, comes the Petitioner, Karen R. Wilson, by and through her attorneys, Foreman & Foreman, P.C., and Joseph D. Caraciolo, Esquire, and brings this Motion for Continuance and in support thereof, avers as follows: 1. Petitioner filed a Petition for Contempt and to Enforce Property Settlement Agreement on May II, 2006. 2. A hearing was scheduled for June 2, 2006, before the Honorable Judge GUido at the Cumberland County Courthouse. 3. Prior to the hearing, Respondents provided information to Petitioner which is leading to compliance with the said Property Settlement Agreement. 4. Petitioner thinks this matter may be settled within the next thirty (30) days. 5. Respondent indicated to Petitioner that he has no objection to a thirty (30) day continuance. WHEREFORE, Petitioner, Karen R. Wilson, hereby respectfully requests that this Honorable Court continue the matter for thirty (30) days pending ultimate compliance with the Property Settlement Agreement by Respondent. seph D. Caraciolo, Esquire eteran's Building 112 Market Street, 6th Floor Harrisburg, Pennsylvania 17101-2015 ID# 90919 Tel. (717) 236-9391 Date: O(;/eJ ,(or; . , . KAREN R. WILSON, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03-5345 Civil Term KERRY L. WILSON, Defendant/Respondent CNIL ACTION - LAW IN DNORCE ATTORNEY VERIFICATION The undersigned, Joseph D. Caraciolo, Esquire, hereby verifies and states that: 1. He is the attorney for the Plaintiff/Petitioner Karen R. Wilson; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Motion are known to him and not necessarily to his client; 4. The facts set forth in the foregoing Motion are true and correct to the best of his knowledge, infonnation and belief; and 5. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: OG /0/ lor; ( ( J eph D. Caraciolo, Esquire 2 Market Street, 6th Floor arrisburg, Pennsylvania 1710 1-20 15 ID# 90919 Tel. (717) 236-9391 , '. KAREN R. WILSON, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03-5345 Civil Term KERRY L. WILSON, Defendant/Respondent CML ACTION - LAW IN DNORCE CERTIFICATE OF SERVICE I, Joseph D. Caraciolo, Esquire, hereby certify that on the below-noted date, selVed a true and correct copy of the foregoing Motion for Continuance upon the following named counsel by depositing same, postage prepaid, in the United States Mail, addressed as follows: Gary Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 ph D. Caraciolo, Esquire eran's Building 12 Market Street, 6th Floor Harrisburg, Pennsylvania 17101-2015 ID# 90919 Tel. (717) 236-9391 Date: Oc,/t:/ (oC; ./ , r--,:, c:;:::;. = c::r> <- ~2 ('J -'01 I ell :f.? c.) C) ",1t , '" 3 rr'7> r~ ~, F~-l ,;=:~;,. ~.. 'I I ,C"J~,{./4/ ~" : '.".' : I IByJ~~:.~006 J KAREN R. WILSON, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA vs. No. 03-5345 Civil Term KERRY L. WILSON, Defendant/Respondent CML AmON - LAW IN DIVORCE ORDER AND NOW, this <?".f1t... day of y . 2006, based upon the Motion of Plaintiff, Karen R. Wilson, and noting the concurrence of the Defendant, Kerry L. Wilson, the hearing in the above-captioned case scheduled for June 2, 2006, is hereby CONTINUED to July J, 2006 commencing at I () : () () L.M., Courtroon ~ of the Cumberland County Courthouse. /J/ Distribution: ~Ph D. Caraciolo, Esquire; 112 Market Street, 6th Floor, Harrisburg, PA 17101 j6ary Kelley, Esquire; 1119 North Front Street, Harrisburg, PA 17102 - , !:vnJ 65 :01 tw 6- 9DDZ 1>'\.';'1'\':(;., f ,,1.1 :JH1' -in IklV..L1..;1"',,,i 1,.'j','J ~I 0011..- 3::,JI::i'O-crnu \ 3 RECE\VED JUN 29 20C6 \'D KAREN R. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 03-5345 Civil Term KERRY L. WILSON. Defendant CIVIL ACTION - DIVORCE i" ORDER AND NOW, thisJ~ day Of~. 2006 upon agreement of the parties and in consideration of the attached Stipulation and Agreement of the parties dated JJ - ;.1 , 2006, it is hereby ORDERED and DECREED that the Stipulation and Agreement is incorporated, but not merged, into this Order of Court. '!~ JUDGE D\v P\ O\i~ n,c,," "V"\ /'H IV c C :2 {',lei 6 Z r-fnr seaz AUVlC KAREN R. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 03-5345 Civil Term KERRY L. WILSON, Defendant CIVIL ACTION - DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY OF DOMESTIC RELATIONS ORDER And Now this _ day of , 2006, the parties, Karen R. Wilson, Plaintiff, and Kerry L. Wilson, Defendant, having been divorced by Decree dated May 2, 2006 of the Court of Common Pleas of Cumberland County, entered at Docket Number 03-5345 Civil Term, do hereby stipulate, covenant, and agree as follows: I. The Defendant, Kerry L. Wilson, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania State Employees' Retirement System (hereinafter referred to as "SERS "). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa.C.S. Sections 5101-5956 (hereinafter referred to as the "Retirement Code). 3. Memeber's date of birth is September 27, 1943, and the Member's Social Security number is 172-34-693 L 4. The Plaintiff, Karen R. Wilson, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is December 2,1951 and Alternate Payee's Social Security number is 189-44.7609. 5. Member's last known mailing address is : Kerry L. Wilson 12 Hartzdale Drive Camp HilI, P A 17011 6. Alternate Payee's current mailing address is: Karen R. Wilson 4115 Rosemont Drive Camp HilI, PA 17011 It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. Alternate Payee's share of member's retirement bendits is One Hundred And Nineteen Thousand And One Hundred And Forty-Five Dollars ($1l9,145.00). 8. Member's retirement benefit is defined as all monies paid to or on behalf of Memeber by SERS, including any lump sum withdrawals or scheduled ad hoc increases, but excluding the disability portion of any disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Member's marriage to Alternate payee or after the adteOfMember's and Alternate Payee's final separation. Member's reirement benefit does not include any deferred compensation benfits paid to Member by SERS or any enhancements to the benfit that arise from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date member enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable Distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the equitable distibution portion payable to Alternate Payee and any other alternate payees named under the SERS-approved Domestic Relations Orders ("Balance") shall be paid to the benficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shaH be payable to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate Paye an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after SERS approves a Domestic relations Order incorporating this Stipulation and Agreement depends upon which option(s) Member selects at retirement. Member and Alternate Payee expressly agree that Member may select any retirement option offered by SERS under the Retirement Code at the time Member files an Application for Retirement AIIowance with SERS. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee prior to receipt of all payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death benefit or retirement benefit benfit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in paragraphs Seven through Nine (7 through 9). 13. In no event shall Alternate Payee have benefits or rights greater than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges, and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfieture Act, 43 P.S. Section 1311, et seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code: (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or increases based on other than actuarial values. 15. The parties agree and intend that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The County Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purposes of establishing it or maintaining it as a Domestic Relations Order; provided, however, that such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 17. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any other attendant documents shall be served upon SERS immediately. Such Domestic Relations order shall take effect immediately upon SERS approval and SERS approval of the attendant documents and then shall reamin in effect until such time as a further Order of Court amends or vacates the Domestic Relations Order. AND NOW, this ~ day ofJ UlU....- ,2006, the parties hereby stipulate, covenant, and agree to be bound by the terms previously set forth herein. ?~i _ Member erry L. Wilson . Wilson . ,,€'araciolo for Karen R. Wilson G A LL. o :::::::l .;;;::;) <~ j (,) KAREN R. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-5345 Civil Term KERRY L. WILSON, Defendant : CIVIL ACTION : IN DIVORCE STIPULATION AND AGREEMENT FOR THE ENTRY OF DOMESTIC RELATIONS ORDER AND NOW, this I r"" day of /VOV~1Vl ~/" , 2006, the parties, Karen R. Wilson, Plaintiff and Kerry L. Wilson, Defendant, having been divorced by Decree dated May 2, 2006 of the Court of Common Pleas of Cumberland County, entered at docket number 03-5345 Civil Term, do hereby stipulate, covenant and agree as follows: 1. The Defendant, Kerry L. Wilson, (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania State Employees Retirement System, (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees Retirement code, 71 Pa.C.S. 95101-5956, (hereinafter referred to as "Retirement Code"). 3. Members date of birth is September 27, 1943; Members social security number is 172-34-6931. 4. The Plaintiff, Karen R. Wilson, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. 5. Alternate Payee's date of birth is December 2~ 1951; Alternate Payee's social security number is 189-44-7609. 6. Member's last known mailing address is 12 Hartzdale Drive, Camp Hill, P A 17011. 7. Alternate Payee's current mailing address is 4115 Rosemont Drive, Camp Hill, PA17011. 8. Alternate Payee understands that it is her duty and responsibility to keep a current mailing address on file with SERS at all times. 9. Alternate Payee's share of Member's retirement benefits IS One Hundred Nineteen Thousand, One Hundred and Forty-Five ($119,145.00) Dollars. 10. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurred before Member's marriage to Alternate Payee or after the date of Member's and Alternate Payee's divorce. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit that arise from post separation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in paragraph nine (9), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 11. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation for the equitable distribution portion payable to Alternate Payee and any other Alternate Payees name under the SERS-approved Domestic Relations Order ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, the: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. l _ . . , . 12. The parties acknowledge that Member has retired pursuant to the terms of an Option 1 Retirement Annuity Selection. (a) Seven Hundred ($700.00) Dollars of Member's monthly annuity shall be paid to Alternate Payee until such time as SERS, in its sole discretion, determines that the Alternate Payee's share has been paid in full or until the death of the Member and no additional amounts are payable from his account, whichever occurs first. (b) The parties acknowledge that if the Member dies without having designated the Alternate Payee as his survivor annuitant and before the Alternate Payee has received her full equitable distribution share, if no death benefit due, then no additional payments will be made to the Alternate Payee. (c) Member and Alternate Payee agree to notify SERS in writing, delivered via certified mail, not more than three months before the month Alternate Payee's equitable distribution portion will be paid in full, that Member's account should be reviewed for compliance with the terms of this paragraph SERS shall have no responsibility to monitor the total of payments to Alternate Payee. SERS shall cease payments to Alternate Payee within a reasonable period of time after receipt of said notice to review Member's account and its determination that it has paid Alternate Payee's full distribution share, as set forth in paragraph 9 above. SERS may but shall not be required to make a partial payment so as to avoid exceeding the total amount due to Alternate Payee. The parties agree that SERS shall not be held liable for any overpayment made to Alternate Payee. The parties agreed to hold SERS harmless in any dispute regarding payment to Alternate Payee's equitable distribution share of Member's SERS account. 13. Alternate Payee may not exercise any right, privilege, or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 14. In the event of the death of Alternate Payee prior to receipt of all payments payable from SERS under a Domestic Relations Order incorporating this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in paragraphs 9 through 12. 15. In no event shall Alternate Payee have benefits or rights greater than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by . . . . SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges, and options offered by SERS, not granted to Alternate Payee by this Stipulation and Agreement, are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. S 13 11, et seq. 16. It is specifically intended and agreed by the parties hereto that any Domestic Relation Order incorporation this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefit, or any option, not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living adjustments or increases based on other than actuarial values. 17. The parties agree and intend that the terms of this Stipulation and Agreement shall be approved, adopted, and entered as a Domestic Relations Order. 18. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purposes of establishing it or maintaining it as a Domestic Relations Order, provided, however, that such amendment shall not require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will not invalidate the parties' existing Domestic Relations Order. 19. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any other attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of the attendant documents and then shall remain in effect until such time as a further Order of Court amends or vacates the Domestic Relations Order. , . L .. AND NOW, this /~.-t/\ day of /VOV F m W~) 2006, the parties hereby stipulate, covenant and agree to be bound by the terms previously set forth herein. WITNESS: 40 --."-. .."L ..".._.,.,.,,__~._.,-, ..J /... " ~-- / Kerr)'L.Wilson, Member _.D~~ L \A1tl1lLV\ Jr~ I;lt)~4ff)() {~/.JY~ Karen R. Wilson, Alternate Payee r -~. /"'.) , t.rJ ...,., (Jl .' . , , tlov .1 6 ?n06 fc./ / KAREN R. WILSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-5345 Civil Term KERRYL. WILSON, Defendant : CIVIL ACTION : IN DIVORCE ORDER AND NOW, this y day Of~ , 2006, upon agreement of the parties and in consideration of the attached Stipulation and Agreement of the parties dated JJJI~ , 2006, it is hereby ORDERED and DECREED that the Stipulation and Agreement is incorporated, but not merged, into this Order of Court. Any previous Stipulation and Agreement for the entry of a Domestic Relations Order is hereby vacated and replaced with the instant Stipulation and Agreement for Domestic Relations Order. .- , J Distribution: Joseph D. Caraciolo, Esquire, Foreman & Foreman, P.C., 112 Market Street, 6th Floor, Harrisburg, PA 17101 Gary L. Kelley, Esquire, 1119 North Front Street, Suite B, Harrisburg, PA 17102 ~."~z '.Juu, It'"' :J0