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HomeMy WebLinkAbout80-1349JOHN R. HURLEY, vs. THELMA HURLEY, Plaintiff ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1349 CIVIL 1980 CIVIL ACTION -LAW /~ ORDE AND NOW, this ~/~ day of , 1998, argument in the --J~ above-captioned matter is scheduled for Friday, une 5, 1998, at 9:30 a.m. Plaintiff shall furnish a brief to the Court no later than two weeks prior to the argument date, and Defendant shall be given one week after receipt of Plaintiff's brief to furnish a corresponding brief. Michael L. Bangs, Esquire _ C~ ,~~~ 3 f ~~l y~ R. Mark Thomas, Esquire ~, BY THE COURT, t,- =S F" - r `'j _ t~.t ,~.,._ l ' :' r-Z _ E-ti4 1~.1 ~. - :~l.S ~ L1- _ ` ~; J ~ JOHN R. HURLEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THELMA I. HURLEY 1349 CIVIL 1980 IN RE: ARGUMENT ORDER OF COURT AND NOW, May 27, 1998, argument in the above matter is continued from June 5, 1998, to MONDAY, JUNE 22, 1998, AT 1:30 P.M. By the Court, R. MARK THOMAS, ESQUIRE 54 EAST MAIN STREET MECHANICSBURG, PA 17055 MICHAEL BANGS, ESQUIRE 302 SOUTH 18TH STREET CAMP HILL, PA 17011 e e E. Hoffer, P.J. r ~ r~i! ., ~ ~ _. . _ ~. ~,~. 4'..i ~t~l ~.'~ ~1 ~Ei is V~S~ 'il ~Jt~i:t~~.J`"..1:~ ~i:.~ JOHN R. HURLEY, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. THELMA L HURLEY, Defendant NO. 1349 CIVIL 1980 CIVIL ACTION -LAW IN DIVORCE t„~ O AND NOW this ~ r) da of , 1998, by Y agreement of counsel, further argument in the above-captioned matter shall be scheduled for Friday, November 6, 1998, at 9:30 a.m., in Court Room 3 of the Cumberland County Court House, Carlisle, Pennsylvania. BY THE COURT, E E. HOFFER, .J. Michael L. Bangs, Esquire , --~~~,,,~, q~~.~ ~Q g. R. Mark Thomas, Esquire ,~ .~'. /~ 1 ~c~ 1 ,U 1~2CS7-h~~~ / `d.Zy V~"t~i c~ JOHN R. HURLEY, Plaintiff vs. THELMA L HURLEY, Defendant i AND NOW, this day of of counsel, further argument in the above-cad IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1349 CIVIL 1980 IN DIVORCE 1998, by agreement shall be scheduled for Friday, October 23, 1998, at 9:30 a.m., in Court Room 3, Cumberland County Court House, Carlisle, Pennsylvania. Michael L. Bangs, Esquire R. Mark Thomas, Esquire '~'~ BY THE COURT, ,~~ ~; ::,.. ~ ~,1 '~ ~.",.i . . L _,,1 ,i ~ - ~ ;.~ ~~,.. MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET ~ CAMP HILL PA 17011 PHONE 717-730-7310 FAX 717-730-7374 August 13, 1998 The Honorable George E. Hoffer President Judge of the Court of Common Pleas Cumberland County Court House One Courthouse Square Carlisle, PA 17013 RE: John R. Hurley v. Thelma I. Hurley No. 1349 Civil 1980 Dear Judge Hoffer: Enclosed please find an Order scheduling a further argument in the above-captioned matter for Friday, October 23, 1998, at 9:30 a.m. I have confirmed the date and time for the argument with opposing counsel this date. Thank you very much. Very truly yours, Michael L. Bangs wsc Enclosures cc: Mr. John R. Hurley R. Mark Thomas, Esquire JOHN R, HURLEY, Plaintiff V, THELMA HURLEY, Defendant ~N _RE ~ CONTEMPT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1349 CIVIL 1980 : CIVIL ACTION - LAW ORDER QF ~QURT AND NOW, February 23, 1998, 9:55 a,m „ the parties having appeared for hearing together with their respective counsel, and the plaintiff having requested information as to the defendant's Social Security status, and certain information having been given by the defendant to the plaintiff today, so that the plaintiff can go to Social Security Administration and compute the defendant's possible benefits, the parties will be given time to do this. Defendant agrees to give the plaintiff a letter signed by her and her attorney authorizing plaintiff to obtain information from Social Security as to the defendant's status, Upon receipt of that information and computation of same, the parties shall return to court for argument on the interpretation of the agreement as it relates to Social Security, The attorneys shall obtain a mutually feasible date with the court for argument on this case. Plaintiff shall x r 1349 Civii 1980 Page 2 furnish a brief to the court no later than two weeks prior to that argument date, and defendant shall be given one week after the receipt of that brief to furnish a corresponding brief. By the Court, g Hoff r, P, J. J Michael L, Bangs, Esquire /- 302 South 18th Street l Camp Hill, Pa. 17011 For the Plaintiff ~~'~i45 ~'`~ `~C'-~~- 3/ 31~~ R. Mark Thomas, Esquire 54 East Main Street Mechanicsburg, Pa. 17055 For the Defendant :mtf MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET • CAMP HILL PA 17011 PHONE 717-730-7310 FAX 717-730-7374 June 22, 1998 Mr. John R. Hurley 124 Woods Drive, Lot 11 Mechanicsburg, PA 17055 FOR PROFESSIONAL SERVICES: Hrs/Rate Amount 2/26/98 Review of information from client; 0.60 75.00 review of Order from Judge; letter 125.00/hr to opposing counsel 3/27/98 Review of Order; letter to client 0.40 50.00 125.00/hr 4/9/98 Review of file 0.50 62.50 125.00/hr 4/14/98 Research for brief 1.00 125.00 125.00/hr 5/8/98 Begin rough draft of brief 1.00 125.00 125.00/hr 5/12/98 Completion of rough draft of brief 0.50 62.50 125.00/hr 5/14/98 Review and revisions to brief 0.50 62.50 125.00/hr 5/21/98 Preparation of final draft of brief; 0.40 50.00 letter to Judge Hoffer 125.00/hr 5/27/98 Telephone call with Judge Hoffer's 0.20 25.00 secretary regarding rescheduling 125.00/hr of argument 6/22/98 Representation of client at argument court 1.00 125.00 125.00/hr For professional services 6.10 hours 762.50 SOCIAL SECURITY ADMINISTRATION r ~' ~' S -~ , SOCIAL SECURITY C;LhIM NUMBER tlIG REPORT OF CONFIDENTIAL ~ 0 3 ~ (y~ ~ ~ SOCIAL SECURITY BENEFIT INFORMATION bb Information about a person's Social Security Benefits is confidential by law. Except under certain circumstances specified by law and regulations, the Social Security Administration does not reveal such information to any person except the beneficiary involved, or his or her authorized representative. and address name 1. Name of person or agency trom whom a request for benefit information was receive . Beneficiary Other (Show name and add~essJ The person or agency named in item (11 above has requested information about you enefits. The information requested has been provided in the items checked (~/) below, and is being sent to you for your co enience. If you want the requesting agency (other than yourself) to have this information, you may show or send them this icial report. 2. ~ The gross amount of your monthly Social Security benefit i $ The amount deducted for Medicare is ~ The net amount of your Social Security check a ch month is $ 3. ^ The above amount became effective Month-Year a, ^ Your monthly benefit ;From ( nth-year) Through (month-year) (before deduction for Medicare) . $ 5. ^ The monthly amount of your Sup mental Security Income payment is $ 6. ^ The above amount became of ctive Month-Year 7. ^ The total monthly amo of your Social Security benefit and supplemental security income pay ent is $ 8. ~ According to our r ords your date of birth is Month-Day-Year 9. ^ We are unable, t this time, to tell you whether benefits may be payable in your case, because the processing of your claim for dis ility benefits has not been completed. If it is determined that benefits are payable, you will receive notification f the exact amount and effective date. 10. ~ Other ~~ Jr7~~~ t~ ~ ~~ ~~~ ~ ~~ ~(~~•U~ OFFI SOCIAL SECU r~f7~Y ~~~~:~~~~ < 401 E. Louiher S~ree~ TELEPH( CARLISLE, PA 1701 code) `~ " Form SSA-2458 (2-84) 'U.S. Government Prlntlnp Office: 1995- 3a7-QOel2o130 RE ND TITLE OF AUTH VE NO. (Include Area ~ -(~ d gS~ ~~ '_ED OFFICIAL -~5f~ ~ ~~ m :erycled py,er r R . a ~ Social Security A drninistration Retirement, S~.>E.rvivors anti ~isa~~ility Notice of Award S'S C96329 lr~surance Mid-Atlantic Program Service Center 300 Spring Garden Street Philadelphia, Pennsylvania 19123-2992 JOHN R HURLEY 501 ERFORD RD CAMP HILL PA 17011-1120 I~~~III~~~lli„~~~~Il~~~if~~~ii~„Ii„I~Iil~~,ll~~~~~~il~l,l~l Date: December 03, 1996 Claim Number: 172-26-9843 A We are writing to let you know that you are entitled to monthly retirement benefits from Social Security beginning February 1997. Your monthly benefit includes the recent increase in Social Security benefits. The monthly earnings test applies only to 1 year. That year is the first year you have a nonwork month after entitlement to Social Security benefits. Our r.ecor.ds show that 1u97 is the first vent in w1~7ch yoi; had or wi:~ 1 have af. least ) ncnwork month. The~:efore, benefits for years after than. ~.i1.i ne payable based soJ.e:~ti On ~'oL'r %C1ta~ earnln4S. Shortly after March 03, 1997, you will receive your first payment which will include all benefits due you through February 1997, After that, a payment for $148.00 will be sent on or about the third of each month. Your monthly benefits will be sent to the financial institution you have selected. Please notify us if you change your mailing address so we can send notices directly to you. The following chart shows your benefit amount(s) before any deductions or rounding. The amount you actually receive may differ from your full benefit amount. When we figure how much to pay you, we must deduct certain amounts, such as Medicare premiums. We must also round down to the nearest dollar. Beginning Date February 1997 Benefit Amount $ 148.60 Reason Entitlement began In addition to your earnings we used your active military service to figure the amount of your Social Security benefits. Let us know if you qualify for any other Federal benefit (except a Veter~.ns Affairs benefit) based on this military service. Qualification for any other SSA-L30 C December 03, 1996 C96329 C 172 26 9843 A Page 02 Federal benefit could affect the amount of your Social Security benefit. Based on the evidence we have, we have decided that your correct date of birth is January 10, 1935. The benefit described in this letter is the only one you can receive from Social Security. If you think you may qualify far another kind of Social Security benefit in the future, you will have to file another application, Your benefits are based on the information you gave us. If this information changes, it could affect your benefits. For this reason, it is important that yov report changes to us right away. We have enclosed a pamphlet; "When You Get Social Security Retirement or Survivors Benefits.~..What Xou Need to Know". It tells you what must be reported and how to report. Please be sure to read that part of the pamphlet which explains how work could change youz payments. If you think we are wrong, you have the right to appeal: A person who did not make the first decision will decide your case: We will correct any mistakes. We will review those parts of the decision which you believe are wrong and will look at any new facts you have. We may also review those parts which you believe are correct and may make them unfavorable or less favorable to you. ~ You have 60 days to ask far an appeal. • The 60 days start the day after you receive this letter. • You must have a good reason if you wait more than 60 days to ask for an appeal. You can have a friend, lawyer or someone else help you. There are groups that can help you find a lawyer or give you free legal services if you qualify. There are also lawyers who do not charge unless you win your appeal. Your local Social Security office has a list of groups that can help you with your appeal. If you get someone to help you, you should let us know. If you hire someone, we must approve the fee before he or she can collect it. And if you hire a lawyer, we will withhold up to 25 percent of any past-due benefits to pay toward the fee. If you have any questions, yov may call us toll-free at 1-800-772-1213. We can answer most questions over the phone. You can also write or visit any Social Security office. The office that serves your area is located at: t ~ ~S~-L30 C96329 C December 03, 1996 172 26 9843 A Page 03 DISTRICT OFFICE 555 WALNUT STREET HARRISBURG, PA 17101 if you do call or visit an office, please have this letter with you. It will help us answer your questions. Also, if you plan to visit an office, you may call ahead to make an appointment. This.will help us serve you more quickly when you arrive at the office. Encldsure: SSA-10077 Shirley S. Chater Commissioner of Social Security SSA-L30 *** REC 0098308 0100458 HEF705E0 bhlz SOCIAL SECURITY ADMINISTRATION THELMA DIAN HURLEY 1532 SHEEPFORD RD MECHANICSBURG PA 17055-4844 CIPQYAF PQAF (F-bh1 ) *** S o~i~'c. ~s Date: November 4, 1998 Claim Number: 230-38-8290A Name: THELMA DIA HURLEY You asked us for information from your record. The information that you requested is shown below. If you want anyone else to have this information, you may send them this letter. Other Important Information MS HURLEY WAS ENTITLED TO DISABILITY BENEFITS EFFECTIVE 11/86 AND STARTED RECEIVING THE BENEFITS IN 12/87. If You Have Any Questions If you have any questions, you may call us at 1-800-772-1213, or call your local Social Security office at 717-243-0085. We can answer most questions over the phone. You can also write or visit any Social Security office. The office that serves your area is located at: SOCIAL SECURITY MINERVA MILLS BLDG 401 EAST LOUTHER ST CARLISLE, PA 17013 If you do call or visit an office, please have this letter with you. It will help us answer your questions. ~ . ~ f OFFICE MANAGER MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET • CAMP HILL PA 17011 PHONE 717-730-7310 FAX 717-730-7374 February 23, 1998 Mr. John Hurley 124 Woods Drive, Lot 11 Mechanicsburg, PA 17055 FOR PROFESSIONAL SERVICES: Hrs/Rate Amount 10/24/97 Conference with client 0.33 $41.25 125.00/hr Letter to Thelma Hurley 0.25 $31.25 125.00/hr 11/11/97 Review of letter from opposing counsel; 0.40 $50.00 telephone call with client 125.00/hr 11/17/97 Letter to opposing counsel 0.20 $25.00 125.00/hr 1/5/98 Telephone call with opposing counsel; 0.40 $50.00 telephone call with client 125.00/hr 2/18/98 Telephone call with Judge Hoffer; 0.60 $75.00 telephone call with opposing counsel; 125.00/hr telephone call with client 2/20/98 Conference with client 0.50 $62.50 125.00/hr 2/23/98 Preparation for hearing; representation 2.00 $250.00 of client at hearing 125.00/hr For professional services rendered: 4.68 $585.00 PLAINTIFF'S EXHIBIT • ' JOHN R. HOR.~EY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : N0. 1.349 CIVIL 1980 THELMA I. H~TRLEY IN DIVORCE Dependant ORDER AND NOW :his ~~~~' day of ~~ , 1987 ze attached AGREEMENT AND S~_IPULATION is made an Ordez of Court. ~ O ~ ~.. J. PLAINTIFF'S EXHIBIT 23 4 ~- 1' ~ ~ ~ J ' ~~ ~J ~ ... ~ '~_ ~~ ,~%;J . ;. AGREEMENT AND STIPULATION THIS AGREEMENT made thi s ~ ,,__ day of ~'~L'~~ , 1987, b~ between John Hurley and Thelma F;urley. WHEREAS, the parties were married in 1955 and divorced in 19E WE:EREAS, the parties owned certain items of marital property. WHEREAS, the issue of equitable distribution was litigatE the Court of Common Pleas of Cumberland County. WHEREAS, Thelma Hurley tock an appeal to SupeiiGr Court fro:: lower court order on equitable distribution. WHER:aAS, the Superior Court remanded for a reconsidezatic equitable distribution. A copy of said opinion is attached hereto made a part hereof. WHEREAS, the parties are desirous of settling fully and fin the equitable distribution of their marital property without the~neces of further litigation. NOW, THEREFORE, in consideration of the premises and of mu promisES, covenants and undertakings hereinafter set forth and for o good and valuable consideration receipt of which is hereby acknowledge eac:: of thV parties r.ereto, each intending to be legally bound he covenant and agree as follows: DIVISION OF M.~RITAL PROPERTY 1. John H~:rle~~ shall receive the follow a. Cottace located on Hoake Island and~the corporate sha: in Hoake Island (already received). b. 1972 Ford (already received). . c. Gun collection (already received). d. Eight place settings of silver plate flatware monogrammed with "H" (already received). e. Boat and two motors (already received). f. Furniture and miscellaneous personalty in his possession. g. Equity from sale of marital residence (already received). " 2. The lms Y.urley shall receive:. a. Two thousand five hundred ($2500.00) Dollars. Payment to be made at the time of execution of this Agreement. . b. Damages recovered from July, 1982 lawsuit (already received). c. Equity from sale of marital residence (a.lready received). d. 1977 Chevrolet (already received). e. Balance in savings account (already received). f. Whole life insurance policy on Thelma Hurley purchased in 1970 (already received). g. Furniture and miscellaneous personalty in her possession. h. Cemetery lots deeded in 1978 and cemetery lots deeded in 1980. The necessary documents to effec.~uate such transfer shall be executed at the time of execution of ~ this Agreement. DIVISION OF PENSION 3. The parties acknowledge that John Hurley acquired during the marriage a v ested pension plan with the Borough Police Pension Plan which will be eligible for pay status in 1990 or thereafter, upon the retirement of John Hurley, and which is marital property. The parties agree to the f•~llowinq division of this property when it goes into actual pay st atus upon the retirement of Join Hurley: (a) Thelma Hurley shall receive monthly an amount of the pension which shall be calculated using the following formula: 17 X (50$ of Monthly Pension Payments) - Total years John Hurley employed by Wormleysburg Police Department (b) The parties agree that if at any time after the parties begin to receive their respective share of the said pension, either or both si~ould be eligible for social secttrit:- retirement benefits, that the following will occur: (1) If Thelma Hurley is eligible for ;nose monthly social security retirement benefits than John Hurley is eligible for, her share of said pension shall be reduced by the amount of social security benefits she is eligible t~ receive which exceeds the amount of. social security retirement benefits John Hurley is eligible to receive. (2) If John Hurley is eligible for as much or more in social security retirement benefits than Thelma Hurley, the division of the said pension as out'ined above shall be unaffected. (c) John Hurley agrees to inform Thelma Hurley at least sixty (60) days before the sa~.d p~n~ion goes into pay status for the purpose of calculating the proper amount that each party shall receive from said pension. (d) Should John Hurley die before Thelma Hurley has received in monthly -payments from her share ~f his pension as outlined above the sum total of Thirteen Thousand Eight Hundred ~ :d Eighty ($13,880.00) Dollars, the Estate of John Hurley shall pay to Thelma Hurley the difference between what she has received in monthly payments from her share of his pension, as outlined above, and the Thirteen Thousand Eight Hundred and Eighty ($13,880.00) Dollars. (e) Should Thelma Hurley die before John Hurley her mon payments from her share of his pension shall end. 4. J ohn Hurley rind TY~lma Hurley agree that this Agreement shah made an Order of Court captioned to the sa:re term and number as t' divorce action. 5. BREACH: If either party breaches any provisions of agreement, the other party shall have the right, at his or her elect: to sue for damages for such breach or seek such other zemedies or re: as may be available to him or hez end the p'.rty breaching this contT shall be responsible for payment of legal fees and costs incurred by other: in enforcing their rights under this agreement. S. EN'^IRE AGREEMENT: This Agreement contains the. ent understanding of the parties and there are no repzesenations, warranti covenants or undertakings other than those expressly set forth here Jo;;n Hurley and Thelma Hurley acknowledge and agree that the provisions the agreement with respect to the distribution and division of maxi property are f air, equitably and satisfactory to them based on relevant factors which have been ta';en into consideration by the parti Both ~~rti~s hereby accept the provisions of this agreement with r~sF to the division of property in lieu of and in full and final settlem .~d satisfzction of all clai~:s and demand:~ that they may now have hereafte_ h•ve against the other for equitable distribution of th pro~srty by an other court of competent jurisdiction pursuant to Sect 401 (d) of the Divorce Code and pursuant ti the Order of the Super '~ .. Courc., dated May 3, 1385, reversing and remanding the parties F court ordered equitable distribution of marital property. The par each voluntarily and intelligently waive and relinquish any right to a court orc',ered 3etermination and distrik .: ion of marital property, nothing herein containea shall constitute a waiver by either party of rights to seek the relief of any court for the purpose of enforcing provisions of this agreement. 7. VOLUNTARY EXECOTION: The provisions of this agreement and t' legal effect haze been explained to the parties~'by their respec counsel, and each party acknowledges t`~at the agreement is equitable, it is being entared into voluntarily, and that it is no;: the result of duress or undue influence. IN WITNESS WHEREOF, the parties h if to h2~e :et their hands and sE the date and year first above written. kYitness John Hurte `i~~ 1 / T ~/ • / 4Yitness Thelma Hurley JOHN R HURLEY, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 1349 CIVIL 1980 THELMA L HURLEY, ) Defendant ) IN DIVORCE ORDER ..~ AND NOW, this ~f~ day of ~>'~~ l(, u , 199$, upon review of Plaintiff's Motion for Contempt and Enforcement of Property Settlement Agreement, it is !s hereby ordered and directed that a hearing on said Motion be held on the ,,- , j { ~ day of F, C, , ~/'~~~ (~ ~L~ , 1998, at ; '~ ~~ o clock ~~'1~1., in Court Room No. ~ of the Cumberland County Court House, Carlisle, Pennsylvania. BY THE COURT, 1D~ ~ r,: "~+ !~:-~~ s, lU i~ ~=! ~ J_'~'i ~,Ji ~J"~f 1,:., HURLEY. PET/29JAN98/DISK9 JOHN R HURLEY, Plaintiff vs. THELMA I. HURLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1349 CIVIL 1980 } } IN DIVORCE MOTION FOR CONTEMPT AND TO ENFORCE PROPERTY SETTLEMENT AGREEMENT AND NOW COMES the Plaintiff, John R. Hurley, by and through his counsel, Michael L. Bangs, Esquire, and files this Motion for Contempt and to Enforce Property Settlement Agreement based upon the following: 1. Plaintiff is John R. Hurley who was the Plaintiff in the divorce action between the parties. 2. Defendant is Thelma I. Hurley who was the Defendant in the divorce action between the parties. 3. By agreement dated November 1, 1987, Plaintiff and Defendant entered into an Agreement and Stipulation (hereinafter referred to as "Agreement") which set forth the property settlement agreement of the parties; a true and correct copy of the Agreement is attached hereto and incorporated herein by reference as Exhibit A. 4. Pursuant to the Agreement, Plaintiff and Defendant agreed how to distribute Plaintiff's pension when Plaintiff was eligible to receive same and agreed that the pension amount paid to Defendant would be reduced when she began to receive Social Security benefits. 1 5. The Agreement provided, in pertinent part, the following: (b) The parties agree that if at any time after the parties begin to receive their respective share of said pension, either or both should be eligible for Social Security retirement benefits, that the following will occur: (1) If Thelma Hurley is eligible for more monthly Social Security retirement benefits than John Hurley is eligible for, her share of said pension shall be reduced by the amount of Social Security benefits she is eligible to receive which exceeds the amount of Social Security benefits John Hurley is eligible to receive. (2) If John Hurley is eligible for as much or more in Social Security retirement benefits than Thelma Hurley, the division of the said pension as outlined above shall be unaffected. 6. The within Agreement was entered by this Order of the Court. 7. In or about December, 1996, Plaintiff received notification that he was eligible to receive Social Security benefits. Plaintiff was sixty-two (62) years of age on January 10, 1997. 8. Plaintiff believes and therefore avers that Defendant likewise received notification of eligibility for Social Security benefits because Defendant would be eligible to receive Social Security benefits after March~1997, when Defendant turned sixty-two (62) years of age. 9. By letter dated June 25, 1997, the Principal Financial Group, who is responsible for administering Plaintiff's pension fund, requested Defendant's former counsel to advise of Social 2 Security benefits so that the appropriate pension deduction could be implemented pursuant to the terms of the QDRO as reflected in the Agreement. 10. Defendant was contacted on numerous occasions either directly or through counsel to provide information concerning her Social Security benefit and to cooperate in getting the terms and conditions of the Agreement implemented, but has failed or refused to either provide verification of her Social Security benefit or cooperate in same. 11. Defendant's refusal to provide the information has resulted in her continuing to receive benefits in excess of what she is entitled to receive under the terms of the Agreement. 12. Defendant's refusal to cooperate with implementing the terms of the Agreement and her refusal to provide verification of her Social Security benefits or otherwise cooperate in same has caused her to be in breach of the Agreement between the parties. 13. Pursuant to Paragraph 5 of the Agreement, Defendant is responsible as the breaching party for all legal fees and costs incurred in seeking the enforcement of the Agreement. 14. Plaintiff has retained the services of Michael L. Bangs, Esquire, to enforce this Agreement and has agreed to pay his legal fees associated for enforcement of this Agreement. 15. Defendant has been receiving benefits in excess of what she is entitled to receive in accordance with the Agreement since the date that she receives Social Security benefits. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter the following order: A. Order Defendant to provide a copy of all notices from the Social Security Administration to the Principal Financial Group within ten (10) days and provide any and all documentation or other information in order to implement the terms of the Agreement as required per The Principal Financial Group within ten (10) days; B. Order The Principal Financial Group to reduce the pension amount in accordance with Defendant's current Social Security benefits and the terms of the Agreement retroactive to date of her first receipt of same; C. Order Defendant to reimburse Plaintiff for any and all sums that she has retained which are in excess of what she is entitled to receive under the terms of the Agreement; D. Pay any and all counsel fees incurred by Plaintiff for enforcement of this Agreement from the date of representation of Plaintiff to final judgment of the within-captioned Motion for Contempt and Enforcement of Property Settlement Agreement. spectfull(y~ submitted, mot' ~-- MICHAEL L. BANGS Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #412b3 4 VERIFICATION I hereby verify that the statements made in the foregoing Petition for Contempt and Enforcement of Property Settlement Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ,~ l L r Date: ~~% ~ ~ '~ (~(~ ~(_~(-- JOHN R. HURLE CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Petition for Contempt and Enforcement of Property Settlement Agreement by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: R. Mark Thomas, Esquire 54 East Main Street Mechanicsburg, PA 17055 Ms. Thelma I. Hurley 1532 Sheepford Road Mechanicsburg, PA 17055 DATE: v ~° 1 ~. ~'~ WENDY S. CHE BRO Secretary Michael L. Bangs, Esquire EXHIBIT A • t JGHN R. HUR. BEY, Plaintiff VS. THELMA Y . HiTRLEY DErendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA N0. 1.349 CIVIL 1980 IN DIVORCE ORDER AND NOW :his day of , 198? ~e attached AGREEt4ENT AND S'_ IPULATION is made an Order of Court. J. . ,, AGREEMENT AND STIPULATION THIS AGREEMENT made this day of , 1987, by between John Hurley and Thelma F~urley. WHEREAS, the parties were married in 1955 and divoz~ced in 1983 WI:EREAS, the parties owned certain items of marital property. WHEREAS, the issue of equitable distribution was litigated the Court of Common Pleas of Cumberland County. WHEREAS, Thelma Hurley tock an appeal to Superior Court fro:a 1 lower court order on equitable distribution. WHER:~~AS, the Superior Court remanded for a zeconsideration equitable distribution. A copy of said opinion is attached hereto a made a part hereof. WHEREAS, the parties are desirous of settling fully and final the equitable distribution of their marital property without the~necessi of further litigation. NOW, THEREFORE, in consideration of the premises and of mutu promisES, covenants and undertakings hereinafter set forth and for oth good and valuable consideration receipt of which is hereby acknowledged e~=:: cf t}~ girt~es rereto, each intending to be legally bound here covenant and agree as follows: DIVISION OF M_~,RITAL PROPERTY 1. John H'=rle~~ shall receive the followin a. Cottage located on Hoake Island and~the corporate share in Hoake Island (already received). b. 1972 Ford (already received). c. Gun collection (already received). d. Eight place settings of silver plate flatware monogrammed with "H" (already received). , e. Boat and two motors (already received). f. Furniture and miscellaneous personalty ~ in his possession. g. Equity from sale of marital residence (already received). 2. Thel:^.s uurley shall receive: . a. Two thousand five hundred ($2500.00) Dollars. Payment to be made at the time of execution of this Agreement. . b. Damages recovered from July, 1982 lawsuit (already received). c. Equity from sale of marital residence (already received). d. 1977 Chevrolet (already received). e. Balance in savings account (already received). f. Whole life insurance policy on Thelma Hurley purchased in 1970 (already received). g. Furniture and miscellaneous personalty in her possession. h. Cemetery lots deeded in 1978 and cemetery lots deeded in 1980. The necessary documents to effec:~uate such transfer sha11_ be executed at the time of execution of this Agreement. DIVISION OF PENSION 3. The parties acknowledge that John Hurley acquired during the marriage a v ested pension plan with the Borough Police Pension Plan which will be eligible for pay status in 1990 or thereafter, upon the retirement of John Hurley, a*~d which is marital property. The parties agree to t he fallowing division of this property when it goes into actual pay status upon the retirement of John Hurley: (a) Thelma Hurley shall receive monthly an amount of the pension which shall be calculated using the following formula: 17 Total years John Hurley employed by Wormleysburg Police Department X (SO$ of Monthly Pension Payments) (b) The parties agree that if at any time after the parties begin to receive their respective share of the said pension, either or both si~ould be eligible for social securit;~ retirement benefits, that the following will occur: (1) If Thelma Hurley is eligible for mo--e monthly social security retirement benefits than John Hurley is eligible for, her share of said pension shall be reduced by the amount ~. of social security benefits she is eligible t~ receive which exceeds the amount of. social security retirement benefits John Hurley is eligible to receive. (2) If John Hurley is eligible for as much or more in social .security retirement benefits than Thelma Hurley, the division of the said pension as outlined above shall be unaffected. (c) John Hurley agrees to inform Thelma Hurley at least sixty (60) days before the sa?.d p~nCion goes into pay status for the purpose of calculating the proper amount that each party shall receive from said pension. (d) Should John Hurley die before Thelma Hurley has received in monthly -payments from her share ~f his pension as outlined above the sum total of Thirteen Thousand Eight Hundred ~ :d Eighty ($13,880.00) Dollars, the Estate of John Hurley shall pay to Thelma Hurley the difference between what she has received in monthly payments from her share of his pension, as outlined above, and the Thirteen Thousand Eight Hundred and Eighty ($13,880.00) Dollars. (e) Should Thelma Hurley die before John Hurley her month payments from her share of his pension shall end. 4. John Hurley :end Tt- alma Huxley agree that this Agreement shall 1 made an Order of Court captioned to the same tezm and number as the: divorce action. 5. BREACH: If either party breaches any provisions of thi agreement, the other party shall have the right, at his or her election. to sue for damages for such breach or seek such other remedies or retie as may Y.e available to him or her end the p-.rty breaching this contrac shall re responsible for payment of legal fees and costs incurred by th other in enforcing their rights under this agreement. b. EN"'IRE AGREEMENT: This Agreement contains the. entir~ understanding of the parties and there are no represenations, warranties covenants or undertakings other than those expressly set forth herein Join Hurley and Thelma Hurley acknowledge and agree that the provisions o: the agreement with resgect to the distribution and division of marita: property are f air, equitably and satisf:~ctory to them based on al: relevant factors. which have been ta';en into consideration by the parties Both c~rti~_s hereby accept the provisions of this agreement with r~spec' to the division of property in lieu of and ir, full and final settlement .~d satisfaction of all clai-::s and demand: that they may now have o: hereafte_ h~ve against the other for equitable distribution of their property by an other court of competent jurisdiction pursuant to Section 401 (d) of the Divorce Code and pursuant to the Order of the Superior 'r .' ~ .~ Cour;., dated May 3, 185, reversing and remanding the parties prj court ordered equitable distribution of marital property. The parts each voluntarily and intelligently waive and relinquish anv right to se a court orc',ered .ietermination and distrik .;, ion of marital property, b nothing herein containe.: shall constitute a waiver by either party of a rights to seek the relief of any court for the purpose of enforcing t provisions of this agreement. 7. VOLUNTARY EXECUTION: The provisions of this agreement and the legal effect ha:-e been explained to the parties ~by their respecti~ counsel, and each party acknowledges t'~at the agreement is equitable, the it is being entered into voluntarily, and that it is nog the result of a~ duress or undue influence. IN WITNESS WHEREOF, the parties h re to have :et their hands and sea] the date and year first above written YJitness ~_ ~ .. / Witness JOHN R. HURLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 1349 CIVIL 1980 THELMA I. HURLEY, : IN DIVORCE Defendant IN RE: PLAINTIFF'S MOTION FOR CONTEMPT AND ENFORCEMENT OF__PROPERTY SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, ! t 1999, after careful consideration of the parties' briefs and purs t to the Opinion filed this date, Plaintiff's Motion for Contempt and Enforcement of Property Settlement Agreement is denied. By the Court, Michael L. Bangs, Esquire 302 South 18th Street Camp Hill, PA 17011 For the Plaintiff R. Mark Thomas, Esquire 54 East Main Street Mechanicsburg, PA 17055 For the Defendant ~ _~~ ` ,~ r c•: ,~ .. ; . . _~ ' J r is - JOHN R. HURLEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 1349 CIVIL 1980 THELMA I. HURLEY, : IN DIVORCE Defendant : IN RE: PLAINTIFF'S MOTION FOR CONTEMPT AND ENFORCEMENT OF PROPERTY SETTLEMENT AGREEMENT OPINION HOPPER, P.J.: In this opinion, we address the Motion for Contempt and Enforcement of Property Settlement Agreement filed by the plaintiff, John R. Hurley. Defendant, Thelma I. Hurley, is plaintiff's former spouse. The parties filed for divorce in 1980. As a necessary component of the divorce proceeding, the parties negotiated and entered into a property settlement agreement dated November 1, 1987. At the time the parties entered into the agreement, defendant was receiving full Social Security Disability benefits. The agreement specified the manner by which the parties would split a pension earned by the plaintiff, during the parties' marriage, when it became payable in 1990. Defendant has received the agreed-upon portion of all pension payments issued to date. The agreement set out a formula to calculate the amount due defendant from plaintiff's pension after either or both parties were eligible for Social Security Retirement benefits. The agreement specified the following: 1349 CIVIL 1980 (b) The parties agree that if at any time after the parties begin to receive their respective share of the said pension, either or both should be eligible for social security retirement benefits, that the following will occur: (1) If Thelma Hurley is eligible for more monthly social security benefits than John Hurley is eligible for, her share of said pension shall be reduced by the amount of social security benefits she is eligible to receive which exceeds the amount of social security retirement benefits John Hurley is eligible to receive. (2) If John Hurley is eligible for as much or more in social security retirement benefits than Thelma Hurley, the division of the said pension as outlined above shall be unaffected. Property Settlement Agreement dated November 1, 1987. At issue in this case is the interpretation of the phrase "eligible for social security retirement benefits." Plaintiff alleges that the above cited provision in the agreement was triggered when defendant reached age 62 because she could be eligible for old age insurance benefits. Because plaintiff receives $148.60 in Social Security Retirement benefits and defendant is eligible for $383.00 in retirement benefits, plaintiff claims that defendant's portion of the pension payments should be reduced by $234.40, the difference between the benefits defendant is eligible to receive and the benefits plaintiff actually receives. Final argument was held in this matter November 6, 1998. 2 1349 CIVIL 1980 Discussion Post nuptial agreements are contracts and are governed by contract law principles. Laudip v. Laudi,g, 425 Pa. Super. 228, 232, 624 A.2d 651, 653 (1993). If the terms of an agreement are unambiguous, a court must construe the document as written, not altering the plain meaning of the words. Carosone v. Carosone, 455 Pa. Super. 450, 453, 688 A.2d 733, 735 (1997). A contract is ambiguous if it is reasonably susceptible to different interpretations and could be understood in more than one way. Purdy v. Purdy, 715 A.2d 473, 475 (Pa. Super. 1998). "Therefore, a contract will be deemed unambiguous if reasonable persons could not differ as to the contract's interpretation." Id. If a contract is ambiguous, the fact finder may use extrinsic or parol evidence to resolve the ambiguities and find the parties' intent. Metzger v. Clifford Realty Corp., 327 Pa. Super. 377, 385, 476 A.2d 1, 5 (1984). Federal law governs Social Security benefits. Individuals may file for old age insurance benefits at age 62. 42 U.S.C.A. §402(a). "Retirement age" is defined as age 65. 42 U.S.C.A. §416(1)(1). Early retirement age is defined as age 62. 42 U.S.C.A. §416(1)(2). If one is entitled to disability benefits, the period of disability ends in the month preceding the month in which the individual reaches retirement age, 65 years old. 42 U.S.C.A. §416(I)(2)(D). When the disability period ends and 3 1349 CIVIL 1980 the individual has reached age 65, the individual is entitled to oid age insurance benefits as a matter of course. 42 U.S.C.A. §402{a). At the time the parties negotiated the agreement, defendant was receiving Social Security Disability benefits. Under federal law, defendant's disability benefits end at age 65 and are converted into old age insurance benefits. Plaintiff argues that because individuals can be eligible for benefits at age 62, the agreement forces defendant to convert her disability benefits to old age benefits before she reaches age 65. If defendant does so, plaintiff will be entitled to a larger percentage of the monthly payments from the pension. The agreement refers only to eligibility for "retirement benefits" as the time to trigger the recalculation provision. Federal law defines retirement age as 65 and early retirement age as 62. Individuals are allowed to apply for old age benefits as early as age 62. The terms of the agreement do not specify if the recalculation provision is triggered by eligibility for retirement or early retirement. Because federal law allows for both early and standard retirement and the agreement does not specify which one applies, the agreement, as written, is ambiguous. It becomes the Court's role to interpret the ambiguous agreement signed by the parties. It is important to note (1) that at the time the agreement was signed, defendant was receiving full disability benefits which would end at age 65 and (2) 4 1349 CIVIL 1980 the express language of the agreement does not specify "early retirement" as the triggering date. Accordingly, we hold that, for purposes of the property settlement agreement, defendant becomes eligible for retirement benefits at age 65 and that, at the time the agreement was signed, the parties intended defendant to receive her full share of the pension until her disability benefits were converted to retirement benefits when she reached age 65. In light of this decision, it is clear that defendant is not in contempt and that there is no breach of the property settlement agreement.' 1 Because the Court finds that the agreement has not been breached, plaintiff is not entitled to an award of counsel fees and costs. 5 FEE-22-©© MON 121b PM MICHREL L ERNGS t f l ~ 73k~ 73i4 P _ 01 JOHN R. HURLEY, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERL,A.ND COUNTY, PENNSYLVANIA vs. ) NO. I349 CIVIL 19S0 THELMA I. HURLER, ) Defendant ) IN DIVORCE ORDER AND NOW, this Z ~' ~ day of ~~~-t--{- ~~` , 2000, upon consideration of tk-e within Zvlotion fox Contempt arzd to Enfoxce Property Settle~x~ent Agreement, a hearing is ;/ti1_ scheduled for the ~ ( day of h:~~ Celt.-C,,~_._ , 2000, at % t ~~`?2 1~"m~., in Court Room No. ~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. BX THE COURT, -- ~ ~, (t=~,~~ GEOR E. HOFFEIZ, P.J. ~/ C 1' ~ ~ ~~ ~~ ' ~ .~ , . ~' JOHN R HURLEY, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 1349 CIVIL 1980 THELMA I. HURLEY, ) Defendant ) IN DIVORCE AND NOW, this day of , 2000, upon consideration of the within Motion for Contempt and to Enforce Property Settlement Agreement, it is hereby: 1. ORDER Defendant to provide to Plaintiff's counsel a copy of the statement indicating the Social Security benefit she is to receive; 2. ORDER Defendant to sign any and all documents or Stipulations that the Court deems appropriate in order to satisfy the terms of the Agreement reached between the parties; 3. ORDER The Principal Financial Group or any other administrator of Plaintiff s pension to reduce or eliminate the pension amount due Defendant in accordance with the terms and conditions of the Agreement; and 4. ORDER Defendant to pay any and all counsel fees and costs incurred by Plaintiff for enforcement of the Agreement from the date of representation of Plaintiff by Michael L. Bangs, Esquire, to final judgment of the within-captioned Motion for Contempt and to Enforce Property Settlement Agreement. BY THE COURT, J. fiURLEY MOTION FOR CONTEMPT/FEBRUARY 25, 21X)11/DISK 211 JOHN R. HURLEY, Plaintiff vs. THELMA I. HURLEY, Defendant ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1349 CIVIL 1980 CIVIL ACTION -LAW IN DIVORCE MOTION FOR CONTEMPT AND TO ENFORCE PROPERTY SETTLEMENT AGREEMENT AND NOW comes the Plaintiff, John R. Hurley, by and through his counsel, Michael L. Bangs, Esquire, and files this Motion for Contempt and to Enforce Property Settlement Agreement based upon the following: 1. Plaintiff is John R. Hurley who was the Plaintiff in the divorce action between the parties. 2. Defendant is Thelma I. Hurley who was the Defendant in the divorce action between the parties. 3. By Agreement dated November 11, 1987, Plaintiff and Defendant entered into an Agreement and Stipulation (hereinafter referred to as "Agreement") which sets forth the property settlement agreement of the parties; a true and correct copy of the Agreement is attached hereto and incorporated herein by reference as Exhibit A. 4. Pursuant to the Agreement, Plaintiff and Defendant agreed how to distribute Plaintiff s pension when Plaintiff was eligible to receive same and agreed that the pension amount paid to Defendant would be reduced when she began to receive Social Security benefits. 5. Defendant currently receives a total of $427.66 of Plaintiff s pension benefit. 6. Defendant is to turn sixty-five (65) on March 17, 2000. IIURLEY MOTION FOR CONTEMPT/FEBRUARY 25. 2!100/DISK 211 7. On or about January 12, 2000, Plaintiff s counsel contacted Defendant's then-counsel requesting that she provide the appropriate information so that Plaintiff could get the modification made to the payment of the pension benefit. Attached hereto and marked as Exhibit B is a true and correct copy of said letter. 8. Plaintiff s counsel contacted Defendant's then-counsel on several occasions to find out the status of receipt of that information, but none has been forthcoming. 9. On or about February 16, 2000, Plaintiff s counsel sent to Defendant's then-counsel a proposed Stipulation and Order to accomplish a change in the beneficiary payment based upon the Social Security payment to Defendant. Attached hereto and marked as Exhibit C is a true and correct copy of that letter. 10. In that letter and Stipulation, there was a request made of Defendant's then-counsel to provide Plaintiff's counsel with information and a statement concerning Defendant's Social Security payment. The Stipulation or that information has not been provided. 11. On or about February 17, 2000, Plaintiff s counsel contacted Defendant directly after she indicated to Plaintiff s counsel that she was no longer represent by R. Mark Thomas, Esquire. A true and correct copy of a letter from Defendant is attached hereto and marked as Exhibit D. No response has been received to that request. 12. Defendant has failed or refused to provide the necessary documentation in order to get this pension benefit modified or eliminated based upon her Social Security payment. 13. Plaintiff currently is receiving $111.00 per month in a Social Security benefit. Attached hereto and marked as Exhibit E is a true and correct copy of said benefit statement. 2 INRLEY MOTION FOR CONTEMPTIFEBRUARY 2i. 2o0o/DISK 2u 14. It is believed that the amount of Social Security payable to Defendant is such that when modified under the terms of the Agreement, the pension payment will cease altogether. 15. Defendant's refusal to cooperate with implementing the terms of the Agreement and her refusal to provide verification of a Social Security benefit or otherwise cooperate in same has caused her to be in breach of the Agreement between the parties. 16. Plaintiff has retained the services of Michael L. Bangs, Esquire, to enforce this Agreement and has agreed to pay his legal fees associated with the enforcement of this Agreement. 17. Plaintiff has incurred legal fees solely and exclusively as a result of Defendant's breach of the Agreement and uncooperativeness in getting the matter resolved. WHEREFORE, Plaintiff requests this Honorable Court to enter the following Order: 1. ORDER Defendant to provide to Plaintiff s counsel a copy of the statement indicating the Social Security benefit she is to receive; 2. ORDER Defendant to sign any and all documents or Stipulations that the Court deems appropriate in order to satisfy the terms of the Agreement reached between the parties; 3. ORDER The Principal Financial Group or any other administrator of Plaintiff s pension to reduce or eliminate the pension amount due Defendant in accordance with the terms and conditions of the Agreement; and 4. ORDER Defendant to pay any and all counsel fees and costs incurred by Plaintiff for enforcement of the Agreement from the date of representation of HURLEY MOTION FOR CONTEMPT/FEBRUARY 25. 201N1/DISK 211 Plaintiff by Michael L. Bangs, Esquire, to final judgment of the within-captioned Motion for Contempt and to Enforce Property Settlement Agreement. Respectfully submitted, /~~~ ~; _. MICHAEL L. BANGS Attorney for Plaintiff 302 South 18th Street '~ Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 4 HURLEY MOTION FOR CONTEMI'T/FEBRUARY 2S, 2U0o/DISK 2n VERIFICATION I hereby verify that the statements made in the foregoing Motion for Contempt and to Enforce Property Settlement Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~ ~. / ,, ,~ ~ . ,~ J ~ ~ ps s / ~./fig JO R. HU LE V ~. 5 HURLEY MOTION FOR CONTEMPT/FEBRUARY 25, 2000/DISK 211 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Motion for Contempt and to Enforce Property Settlement Agreement by depositing a copy of same in the United States mail, postage prepaid, at Camp Hill, Pennsylvania, addressed to the following: Thelma I. Hurley 1532 Sheepford Road Mechanicsburg, PA 17055 ~ ~ .L~-~-f C~ DATE: ~ z ~~ ~ ~ C~ ~ ~~~:L ~. ~ '' ~~~ ~~ WENDY S. C ESBRO Paralegal Michael L. Bangs, Esquire 6 EXHIBIT A JOF#N R. HUR. BEY, ' Plaintiff CIS. THELMA I. HrTRLEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA rao. 1.349 CIVIL 1980 IN DIVOP.CE ORDER AND NOW .his day of , 1987 ze attached AGREEMENT AND S•.IPULATION is made an Order of Court. J. AGREEMENT AND STIPULATION THIS AGREEMENT made this day of , 1987, by a between John Hurley and Thelma E;urley. WHEREAS, the parties were married in 1955 and divorced in 1983. WI:EREAS, the parties owned certain items of marital property. WHEREAS, the issue of equitable distribution was litigated the Court of Common Pleas of Cumberland County. WHEREAS, Thelma Hurley tock an appeal to Supe:icr Court from tl lower court order on equitable distribution. WHER::,AS, the Superior Court remanded for a zeconsideration c equitable distributica. A copy of said opinion is attached hereto ar made a part hereof. WHEREAS, the parties are desirous of settling fully and finall the equitable distribution of their marital property without the~necessit of further litigation. NOW, THEREFORE, in consideration of the premises and of mutue promisES, covenants and t~:ndertakings hereinafter set forth and for othe good and valuable consideration receipt of which is hereby acknowledged t ea=h of tb_e p~rtes t-eretor each intending to be legally bound hereb covenant and agree as follows: DIVISION OF M_~RITAL PROPERTY 1. John H~;rle}~ shall receive the following a. Cottage located on Hoake Island and~the corporate shares in Hoake Island (already received). b. 1972 Ford (already received). c. Gun collection (already received). d. Eight place settings of silver plate flatware monogrammed with "H" (already received). e. Boat and two motors (already received). f. Furniture and miscellaneous personalty in his possession. g. Equity from sale of marital residence (already received). 2. The l::is Eurley shallreceive:. a. Two thousand five hundred ($2500.00) Dollars. Payment to be made at the time of execution of this Agreement. b. Damages recovered from July, 1982 lawsuit (already received). c. Equity from sale of marital residence (already received). d. 1977 Chevrolet (already received). e. Balance in savings account (already received). f. Whole life insurance policy on Thelma Hurley purchased in 1970 (already received). g. Furniture and miscellaneous personalty in her possession. h. Cemetery lots deeded in 1978 and cemetery lots deeded in 1980. The necessary documents to effec~uate such transfer shall, be executed at the time of execution of this Agreement. DIVISION OF PENSION 3. The parties acknowledge that John Hurley acquired during the marriage a v ested pension plan with the Borough Police Pension Plan which will be eligible for p.~y status in 1990 or thereafter, upon the retirement of John Hurley, and which is marital property. The parties agree to the f•~llowing division of this property when it goes into actual pay st atus upon the retirement of Joln Hurley: (a) Thelma Hurley shall receive monthly an amount of the pension which shall be calculated using the following formula: 17 X (50$ of Monthly Pension Payments) Total years John Hurley employed by Wormleysburg Police Department (b) The parties agree that if at any time after the parties begin to receive their respective share of the said pension, either or both siioulu be eligible for sccial secttrit;- retirement benefits, that the following will occur: (1) If Thelma Hurley is eligible for mote monthly social security retirement benefits than John Hurley is eligible for, her share of said pension shall be reduced by the amount of social security benefits she is eligible t~ receive which exceeds the amount of. social security retirement benefits John Hurley is eligible to receive. (2) If John Hurley is eligible for as much or more~in social security retirement benefits than Thelma Hurley, the division of the said pension as outlined above shall be unaffected. (c) John Hurley agrees to inform Thelma Hurley at least sixty (60} days before the said p~n~ion goes into pay status for the purpose of calculating the proper amount that each party shall receive from said pension. (d) Should John Hurley die before Thelma Hurley has received in monthly-payments from her share ~f his pension as outlined above the sum total of Thirteen Thousand Eight Hundred ~ :d Eighty ($13,880.00) Dollars, the Estate of John Hurley shall pay to Thelma Hurley the difference between what she has received in monthly payments from her share of his pension, as outlined above, and the Thirteen Thousand Eight Hundred and Eighty ($13;880.00) Dollars. (e) Should Thelma Hurley die before John Hurley her month] payments from her share of his pension shall end. 4. John Hurley ;ind Tr.~lma Hurley agree that this Agreement shall t made an Order of Court captioned to the sarr.e term and number as thei divorce action. 5. BREACH: If either party breaches any provisions of thi agreement, the other party shall have the right, at his or her election to sue f or damages for such breach or seek such other remedies or relie as may t.e available to him o;. her end the p=.rty breaching this contrac shall be responsible for payment of legal fees and costs incurred by th other: in enforcing their rights under this agreement. 6. EN"'IRE AGREEMENT: This Agreement contains the. entire understanding of the parties and there are no represenations, warranties covenants or undertakings other than those expressly set forth herein. Join Hurley and Thelma Hurley acknowledge and agree that the provisions o: the agreement with respect to the distribution and division of marita_ property are f air, equitably and satisfactory to them based on al) relevant factors which have been ta`;en into consideration by the parties. Both ~~rti~_s hereby accept the provisions of this agreement with r~spec`. to the division of property in lieu of and in full and final settlement gad satisfaction of all clai-.:s and demand:~ that they may now have o= hereafter h~:ve against the other for equitable distribution of their props_ty by an other court of competent jurisdiction pursuant to Section 401 (d) of the Divorce Code and pursuant tc the Order of the Superior ...,.._ _. . G OK~G G , u o a. c v ...~ I ~ ~. ~ ~- ~ .. _ , _..~. _ _. -~ _. ~...... court ordered equitable distribution of marital property. The pantie each voluntarily and intelligently waive and relinquish and right to see a court orc',ered 3etermination and distrit..~ ion of marital property, bu nothing herein containeJ shall constitute a waiver by either party of•an rights to seek the relief of any court for the purpose of enforcing th provisions of this agreement. 7. VOLUNTARY EXECOTIOy: The provisions of this agreement and thei legal effect ha~:e been explained .o the parties~~by their respectiv counsel, and each party acknowledges ttiat the agreement is equitable, tha it is being enured into voluntarily, and that it is no:: the result of an duress or undue influence. IN WITNESS WHEREOF, the parties h ie•to hz~e :et their hands and seal the date and year first above written. ~ L~, .GGt ~'/fitness John Hurle r ~~ / Witness Thelma Hurley EXHIBIT B MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTII 18TH STREET CAMP HILL, PA 17011 PHONE 717-730-7310 FAX 717-730-7374 E-mail: bangslaw@mindspring.com January 12, 2000 VIA FACSIMILE 796-3600 R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 RE: Hurley v. Hurley Dear Mark: I am requesting that you contact your client and provide me with a statement of the Social Security benefits that she is to receive upon her 65~h birthday which is March 17, 2000. I want you to also provide me with a written statement from her indicating that she authorizes the reduction of the payment from my client's pension in accordance with the difference between her monthly Social Security retirement benefit and my client's monthly Social Security benefit. I need you to provide me with this information within the next week. If I do not receive this, I will assume that your client will not cooperate and we will have to file another enforcement request. Obviously, it is clear from Judge Hoffer's previous Order, that we are eligible at this time to get the benefit reduced and therefore I ask your client to cooperate with getting this accomplished now so as to save everyone unnecessary time and legal expenses. Because of our past issues, I cannot provide your client with any further time than one week. Therefore, if your client wants to get this resolved without incurring additional legal fees, please get that information to me right away. Very truly yours, ~,~ Michael L. Bangs wsc cc: Mr. John R. Hurley EXHIBIT C MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, PA 17011 PHONE 717-730-7310 FAX 717-730-7374 E-mail: bangslaw@mindspring.com February 16, 2000 R. Mark Thomas, Esquire 101 South Market Street Mechanicsburg, PA 17055 RE: Hurley v. Hurley Dear Mark: FILE Enclosed is the original and three (3) copies of a Stipulation that I have prepared in order to effectuate this change. You need to advise me of the exact dollar amount that your client is to receive along with an indication of what she currently receives under my client's pension. In accordance with our phone conversation, I understood that the amount of Social Security benefits that she receives is such that it will exceed the amount of the pension that she currently receives and therefore that pension payment will terminate. I need a written statement from the Social Security Administration indicating what she is to receive so that I may attach it as Exhibit B. I need your client to sign the original and all copies of the Stipulation in order to make it an Order of court so that I can get the plan administrator to make that change effective April 1, 2000, which would be the first payment your client is to receive in Social Security retirement benefits, post her 65`h birthday. If I do not receive the signed original and additional copies by Monday, February 21, 2000, we will be forced to file suit and I will insist that your client pay our legal fees by her lack of cooperation. Please get these documents back to me right away. Very truly yours, Michael L. Bangs wsc Enclosures cc: Mr. John R. Hurley EXHIBIT D ... ~ . Thelma Hurley 1532 Sheepford Road Mechanicsburg, PA 17055 Mr. Bangs: Let your clied, ]olzu Hurley, be aware that I have sent all the paQera necessary to his retirement boazd perq-ina~g to our divorce agrccmcnt and the dispute orer my portion of his retirement. Hoping t+b sae it resolved as quickly as possible. In the future cif correspondence should be sent directly to me as I am acting as my own attorney. Thank you. Sincerely, ~u~-~~t ~ Thelma i EXHIBIT E Your New Benefit Amount NAME: Jct11N R 11}.fRl.lsY S(~C'IALSEC[JRI'TY N11M13ER: 172-2r,-~~~a? Your Social Security benefits will increase by 2.4 percent for the ye<u- 2O(}(l, based on a rise in the cast of living. You can use this letter when you need proof of your benefit amount to receive food stamps, rent subsidies, energy assistance, hank loans or other business. How Much Will l Get A><id When? • Your new monthly amount (before deductions) is ~1 ~G.SU • The amount we're deducting for Medicare is ___ b45.SU (If you did not have Medicare as of Nov. 19, 1999, or if someone else pays your premium, we show $U.(I(}.) • After taking any other deductions, we will deposit __ ,~ l I I.OO into your hank account on J<+n. 3, 2000, If you disagree with any of these amounts, you should write to us within (i(} days from the date you receive this letter. What If I Work? If you are age 7O or older, you may earn as much as you want and still keep all of your benefits. If you were under age 70 all year, however, there is a limit to how much you can earn before it affects your benefits. • If you were age f5 through (i9 in 1999, the earnings limit was $15,5OO. We must deduct $1 from your benefits for each $3 you earned over $15,5(}O. • if you were under age fi5 in 1999, the earnings limit was $9,(~OU. We must deduct $1 from your benefits for each $2 you earned over $9,6UO. If the amount you earned in 1999 is shown correctly on your W-2 or self-employment tax return, we will adjust your benefits based on those earnings. lf, however, the amount on your W-2(s) for 1999 includes money you earned in another year, such as deferred compensation, you need to contact us before April 15 to let us know. We'll also ask you to estimate your year 2(l(}(} earnings, so we can pay you correctly. What Are The Earnings Limits In 2000? The earnings limit for workers age h5 through ~9 in the year 2000 is $17,000, and the limit for those under age 65 is $ IO.OgO. What If I Also Get Supplemental Security Income (SSI)`? If you receive SSI, you must report all earnings. Medicare Information The Health Care Financing Administration recently sent the ~1c~dinu~c~ c~ Yuri 2(7011 handbook to all beneficiaries. The handbook contains the latest information on coverage. deductibles and health care options that may he available in your area. If you have Medicare and limited income and assets, your slate may help you pay for all or some of your Medicare expenses. You may qualify if your monthly income is no more than $947 for an individual or $1,2(15 for a couple (higher in Alaska and I lawaii), and you have assets of no more than $4,000 for an individual or $~,,(}OO for a couple. F;ven if your income is slightly higher, you may get help in paving a small part of your medical insurance (Part I3) premium. Please contact your state or local Medicaid, social services or welfare office for more information. _; P~~INSYL~I~k1~f~A JOHN R. HURLEY, Plaintiff ) vs. ) THELMA L HURLEY, ) Defendant ) BY THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1349 CIVIL 1980 IN DIVORCE O R AND NOW, this ~ day of , 2000, by agreement of the parties and Plaintiff's counsel, the hearing scheduled in this matter for March 20, 2000, shall be continued generally. GEO GE . HOFFER, P.J. ,~,d" ~° 3 ~\~ ~-. U ~ :~ :-?~ G ~ z~'1'~~ ~~ HURLEY STIPULATION #7/MARCH 2%. 2UlNl/DISK 20 s JOHN R. HURLEY, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 1349 CIVIL 1980 THELMA I. HURLEY, ) Defendant ) CIVIL ACTION - IN DIVORCE AND NOW, this 2000, upon review of the attached Stipulation, it is hereby ORD OT day of DIRECTED as follows: The Order of Court dated December 4, 1987, is MODIFIED in accordance with the following: 1. Thelma I. Hurley's portion of John R. Hurley's monthly retirement benefit received through The Principal Financial Group and resulting out of John R. Hurley's employment with the Wormleysburg Police Department, now merged with and forming part of the West Shore Regional Police Department, is reduced by $291.50, which results in the adjusted benefit to be $135.80, effective April 1, 2000, and continuing for the rest of her life. 2. John R. Hurley's monthly retirement benefit received through The Principal Financial Group, payable as a result of his employment with the Wormleysburg Police Department, now merged with and forming a part of the West Shore Regional Police Department, shall be increased by $291.50, effective April 1, 2000, and continuing thereafter. 1 HURLEY STIPULATION NJ/MARCH 2H, 2nal/DISK 20 3. The Principal Financial Group is directed to adjust the payments to Thelma I. Hurley and to John R. Hurley as indicated herein, such that Thelma I. Hurley's monthly payment is to be reduced by $291.50, and John R. Hurley's monthly payment is to be increased by $291.50, effective April 1, 2000, and continuing thereafter. 4. The West Shore Regional Police Department is also directed to make the same changes as The Principal Financial Group, and to adjust their records accordingly to be consistent with this Order. BY THE COURT, -~ ~K~ 2 HURL2Y STIPULATION NJ/MARCH 2%. ZU011/DISK 211 JOHN R. HURLEY, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) NO. 1349 CIVIL 1980 THELMA I. HURLEY, ) Defendant ) CIVIL ACTION - IN DIVORCE S'TIPULATIt7N AND NOW comes JOHN R. HURLEY, by and through his counsel, Michael L. Bangs, Esquire, and THELMA L HURLEY, by and through her counsel, R. Mark Thomas, Esquire, and enter into the following Stipulation and Order: 1. The parties entered into an Agreement and Stipulation dated November 11, 1987, which was subsequently made an Order of Court dated December 4, 1987. 2. Pursuant to the Agreement and Stipulation, Thelma I. Hurley received a portion of John R. Hurley's pension pursuant to the calculation contained therein. 3. Upon Thelma I. Hurley reaching age sixty-five (65) and becoming eligible for Social Security retirement benefits, her portion of John R. Hurley's pension was to be recalculated. 4. The parties have recalculated Thelma I. Hurley's portion of John R. Hurley's retirement benefit since she turned sixty-five (65) on March 17, 2000, and is receiving Social Security benefits. 5. The parties agree that Thelma I. Hurley's portion of John R. Hurley's retirement benefit should be adjusted and reduced by $291.50. 6. The parties agree that effective April 1, ?000, Thelma I. Hurley's portion of John R. Hurley's retirement benefit shall be $135.80, thereafter for the rest of her life. 3 HURLEY STIPULATION gi/MARCH 2H. 2U11U/DISK 2U 7. The parties agree that, effective April 1, 2000, John R. Hurley's retirement benefit is to be increased by $291.50, the same amount of the decrease to Thelma I. Hurley. 8. The parties request this Honorable Court to enter an Order modifying the prior Agreement, Stipulation and Order entered in this case to reflect this change of benefit between the parties. 9. The parties request that the attached Order be entered as an Order of Court in this case and that the Order be sent to The Principal Financial Group, the West Shore Regional Police Department, and any other groups that are deemed appropriate to receive this Order for purposes of effectuating its terms. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this ; ~:., day of ~~,~; ~ , 2000. 1 n ~ ~ j ~' JOHN R. HURL Y MICHAEL L. BANGS squire ~~~~~ THELMA I. HURLEY R. MARK THOMAS, Esquire 4 MICHAEL L. BANGS ATTORNEY AT LAW 302 SOUTH 18TH STREET CAMP HILL, PA 17011 PHONE 717-730-7310 FAX 717-730-7374 E-mail: bangslaw@mindspring.com April 28, 2000 The Honorable George E. Hoffer President Judge of the Court of Common Pleas Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Hurley v. Hurley No. 1349 Civil 1980 Dear Judge Hoffer: The above-captioned matter was scheduled for a hearing on March 20, 2000. The matter was continued so that the parties could sign a Stipulation and have an Order of Court entered resolving the matter. Enclosed you will find the original and three copies of the Stipulation with attached Order that I request you to sign which will terminate the matter. Thank you for your assistance. Very truly yours, `~ ~1 e ,~ l~ Michael L. Bangs wsc Enclosures ~''~/ cc: Mr. John R. Hurley R. Mark Thomas, Esquire SU~TS,1~~ ~~-~`~ P. Case = -S 1349 Date of Entry : April 11, 19 so at 2 : o~ M. Appearances: Entry by Plaintiff: John ~. Hurley Summons ( ) Complaint (x ) Defendant: Thelma z. Hurley Petition ( ) Appeal ( ) Revival ( ) ( ) ~~~~ ~,, ,q~~+ - C~~,~~- .~.~ ~-~-„~~~ Action in ~~c.c.oc- , Assumpsit ( ) April 30, 1980, Rule for Bill of Partic l~l~ffipass ( ) filed. Enter a Rule on theplff in the above Habeas Corpus ~ ( ) entitled action to file a Bill of Particular DIVOrCe (x) within twenty(20) days from service of the Rule, or non pros sec. leg. Grounds Arthur K. Dils, esq. A d hi E ult q y ( ) n now, t s 30th day of April, 1980, a Rule is entered on the plff as above Mortgage Foreclosure ( ) stated. Glenna Trimmer, Dpty. P o~j~Ctment ( ) May 20, 1980, Petition for Counse Quiet Title ( ) fees and Rule filed. AND NOW, this 20th day of Ma Replevin ( ) 1980, upon presentation and cons iderati~ndemnatlon ( ) of the within Petition, a rule is her issued upon the plaintiff-Respondent, ( ) nhn R. Hurley, to show cause why if any, a sho~zld Service b SHF: ~~/ ~ not be ordered to pay the counsel fee , y and expenses of the defendant-Pet itio e'bate of Return: Thelma I. Hurley, in the abou-e i / cpationed divorce action. ~p, ~ Rule returnable 20 days from date o service. All proceedings to stay in the meanwhile. By the mart, Dale F. Shughart,P.~ RULE And now „ May 20, 1980, rule issued in accordance with above rule. Esther R. Lebo, Dpty. 4. .30~ Q'0 - CC ~, ~ ~ _ - ~ ~_ ' .,~t ~-zX:L-lz~~..J ~~ ~~~~!-N~r.,~ ,0 r_r_~a~ ~ ~~~-k ,_e.)/-ice.-.ti.o~~y~ .~_e.~~: ~j 10/16/80, Amended Complaint, filed. William C. Kollas, Esquire Atty. for Plaintiff LP~ Q/ r~/ Q~~yZ~C%k-rUCJ ((( i~ '` / / L' ; ! Ll Taxation of Costs Receipt of Fees '~1 ~~ 25.50 Pd. Atty. ~ollas /~ /' ~~ A 10/20/81, Petition for Alimony Pendante Lite, Fees and Expenses & Rule, filed, AND NOW, this 20th day of October, 1981, upon presentation and consideration of theva.thin Petition, a Rule is hereby issued upon the Plaintiff/Respondent, John R Hurley, to show cause why, if any, he should not be ordered to pay alimony Pendante lite, counsel fees and expenses of the Defendant/Petitioner, Thelma I Hurley, in the above captioned divorce action. Rule Returnable 20 days frc>m date of service. ALL PROCEEDINGS TO STAY IN THE MEANWHILE. BY THE COURT: Harold E. Sheely,J. ******~~Hearing to be held the 23rd day of November, 1981, at 9:30 a.m, in Court Room No. 2. And now October 20, 1981, Rule iss~~ed in accordance with the above Rule. Esther R Lebo, Dpty. frothy. J f~v\ ~ ,p / (J U X11 ~ C~1 ~ /~~ C~ l m~ti.. ~,~~.~~. n1~u~t,~~:,~;~~<~-..~-~~ ~ 11/4/81,f Order, filed. AND NOW, this 3rd day of November, 1981, in consideration of the attached Petition, the Appointment of Taylor P. Andrews, Esq., as Master in the above captioned proceedings on Sept. 18, 1981 is hereby vacated. The master to be paid $75.00. -F'~-(~- ,~,~* ~ r',~z.~.i. ~~~ By the Court, DFS, P.J. "~~ __ ~-ti„-~nt~ ~~- cLc. c~ t 9 8 c~ 11/6/81,/ Rule to show cause, filed. AND NOW, this 6th day of November, 1981, upon consideration of the foregoing Petition to Proceed Under the Divorce Code of 1980, a Rule is hereby issued upon Respondent, Thelma I. Hurley, to show cause why Petitioner's Petition to Proceed Under the Divorce Code of 1980 should not be granted. Rule returnable 20 days after service. - By the Court, DFS, P.J. And now November 6, 1981, Rule issued in accordance to above Order, Shirley A Peiper j ~ , _ .vim ., ~ Deputy Protho~1pta~y 12 3, 81, P~ ti~~on u ~-,ake Rule. 1?.~so~uce & Orde~ n. Court. Slle A~~T~> NO~n', this 8th day of :~ecember, 191, upon consideration of the foregoing Pl;'?'I`i'ION '?'O r~'~Ks RULE r~~~~'SOliUT`~, and upon ,.Motion or Plaintiff, John R Hurley, to proceed under ~~i`:e. Livorce Code of 1980, said Petition is hereby granted and the matter is i:e.rei~1% u~~ouc~~ht within the pravisions~ of the Divorce Code o~E 198! ~,~" 1"?`? ~ G~~F'1: _ ~;a 1e F Shugha rt , P . ~ . 1/26/82, Opinion & Order of Court, filed. AND NOW, this 26th day o` January, 1982, l_) Considering the plaintiffs ability to pay. the separate estate and income of the wife. the court directs the plaintiff to pay to de- fendant wife the sum of $45.00 per week, effective January 25, 1982. The sum shall be said through the Domestic Relations Office and the parties shall appear in the office for an appropriate order bang entered within ten (10) days from this date. 2) The court makes an award of counsel fees up to 8nd including the date of the hearing held in this case in the amount of $300.00 and plaintiff is directed to pay said amount within thirty (30) days of the receipt of this order. By the Court, Harold E. Sheely,J. 2/10/82, Agreement for Order of Support, filed. ~~ ~-.3~ ~ .~ - °~ ~ ~ ~ ~ i 3/31/82, Pet iti.on to Withdraw Representation & Or er, filed. AND NOW, this 30th day of March, 1982, upon presentation and consideration the within Petition, Joseph J Dixon, Esquire is permitted to withdraw from ;presentation of Thelma I. Hurley, Defendant in the above captioned matter. ~unsel for Defendant shall serve the Defe ndant by certified mail, Return ~ceipt Reques ted with a copy of this Petition BY THE COURT, Harold E. Sheely, J. 1 _ ~ ~ ~ , > ~. io -A 3~9 e. ~9~a, Q. ~ ..~9~ri, Pq. ld 9 3/31/82, Petition and Rule to Shaw Cause why Defendant's Alimony Pendente Lite should not be terminated & Rule to Show Cause, filed. AND NOW, this 31st day of March, 1982, upon consideration of the foregoing Petition, a Rule is hereby issued upcon Respondent, Thelma I. Hurley, to show cause why Defendant's Alimony Pendente Lite should not be Terminated. Rule returnable and to be heard, Thursday, June 10, 1982, at 9:30 A.M. in Court Room No. 2. BY THE COURT: Harold E. Sheely, J. And naw March 31, 1982, Rule issued in accordance with the above Rul To Shaw Cause. Esther R Lebo, Dpty. Prothy. c~~ ~ ,~ -7 . ~ , 4/27/82, Motion for LP~ve of Court to end the Complaint & O~'der, filed . AND NOW, this 27th day of_ April, 1982, upon consideration of the MOTION OF JOHN R HURLEY FOR LEAVE OF COURT TO AMEND THE COMPLAINT, it is decreed that the Divorce Complaint filed in this Action may be amended to include an Equitable Distribution Claim, and a Prayer for the Grant of a Divorce on the Grounds of Indignities, while incorporating all of the previous pleadings in this matter. BY THE COURT: Dale F. Shughart, P.J. / n '~ / 5/19/8 2 , Praecipe, filed. Please enter my appearance on behalf of Deft., Thelma I. Hurley. Judith A Calkin, Atty for Deft. '~~. ~cl,tC.. ~:~,x,z ~.~. ~~ 5/19/82,% Order, filed. ~~-c~,~,.w:,~f( ~a u~:7n~~ AND NOW, this 19th day of May, 1982, upon consideration of the attached Petition, the Master's commission in the above captioned case i.s extended for an additional ninety (90) days, and the Master shall determine the Plaintiff's claim for a divorce on the grounds of in- dignities as well as the parties' claim for equitable distribution of marital property. By the Court, Dale F Shughart,PJ 5/28/82, Defendant's Answer to Plaintiff's Amended Complaint, filed. V 1 ~~~~ ~ ° ) `~ ~ ~ ~ y Z L'~C ~ 1~~:, ~ ~ __ ~__ /~~~ ~~~l~im1L 7'1.x. > , ' i ' ~' ' I 7/6/82, Order of Court, filed. AND NOW, June 10, 1982, at 11:00 a.m., the petition by John R Hurley to terminate the prior order of alimony dated January 26, 1982, is reused. Based upon the fact that the defendant, Thelma I. Hurley, is now employed full-time, the court lowers the amount of alimony $7.50 a week, so that the present order shall be $37.50 per week. Mr Hurley is directed to bring the order tip to date within fourteen days from the date of this order. By the Court, :iarold E Sheely, J. 7/29/82, Affidavit of Consent of John Hurley, filed. 7/29/82, Affidavit of Consent of Thelma I Hurley, filed. 7/29/82, Affidavit of Thelma Hurley, filed. 7/29/82, Amended Marital Inventory, filed. 7/29/82 ~~~n~c~ome s~ Expense ,Statement, fil d. ~i~ 8 /4/8 2 ,/~~er~ ~i`Ied". ~a..~:~c~.-~-n,,.u,:.~~~ri.-~- .~- ~~ti:~ ~~~~ ~ i ~.D~"Er~ ~`~ a ~( AND NOW, this 4th day of August, 1982, upon consideration of the attached Petition, the master's commission in the above captioned case is extended for an additional ninety (90) days, and an additional $850.00 shall be doposit~d with the Court for costs, which sum shall be payable $425.00 by the Plaintiff, John R Hurley, and $425.00 by the Defendant, Thelma I Hurley, and all proceedings in this case shall be stayed pending the receipt by the Court of said deposits. By the Court, Dale F Shughart, P.J. fem. ~ ~~ __ ~ ~ ~ ~ `~ ~ G?~ ~` ~` d U ~ DO ~ r 2,c-t - I"/'~t'_..~c~-u-~:z. UL~'''t-Z--v /~l r ~~~. - ~~ ~-fl . # ~e s~ - 4Jz ~Pz 11/19/82, Motion to extend Master's Commission & Order of Court filed. AND NOW, this 19th day of November, 1982, upon consideration of the attached Petition, the Master's commission in the above captioned case is extended for an additional 45 days from November 22, 1982. By The Court, Dale F. Shughart, P.J. Cy~ ~.Czl~ / ~J . O O ~M~., I b / 0 0 0 . , ~~ `~~ ~ 7 /98.3 - ,~~,~t~O,~.~-_.~~`a_~ ~--~-a--~n~~o,~~~ ._ ~, • -• ~ C.~.~~ ~, i~~~, (ir~~'~°~' Lam' ~~l!"'' ~ 1 .; . 'T TT ~ i'1~~._ _~,''~.~ , tiU~;L1~3t. ~, 1`y ~~~,, iI: "'_."O1'~.czTi_,c, ,;11;'Ii fiYlE' or~lnl0r? v11 ~C7 l }11~~'~ C'c`1i~~ , t_'ii; ~'O! _LC)t,Tl I1~; C)y"'Oper't~ C1 iS ;Y'7 ~`~_:t~ "i_OT'_ ~_ ~ JI°(3F~•rG,'t7 . 1 '.i riE- ilcz li~~ i.L f' 511~~_. .` F~~: ~r-; _ `T,., ~_.1~: f'UL yC: YT _1!v F~'I~i:~ ~C)1"- -~'t~~~,rl ~ll~ i;(1 .~ ~i?L1:L'.~~ ~O ~.~l~r; ~'Oit";e ~(:i1SlOT j'~.cn r,' i.:~~'.~~ j~ ~ .il ~`.i~z.L_, ~! ..~c.,l ._ __.~ ~.. ,.:. _. rv!'_`;r;,~ _' ~lr' , ~~~~ J.. (r.~_'E,"c~.Ei `j w'F~..,~`: _V~.;:~1 ~,n~ _ _ i~..~ - ~lil, ~El-~C Z.i~.~1tt'~_.~ GI_ t .JriL~ ~ ~1I!_i .~~- _ ~ , ~.~'~~~-,orate sr~arE, ~~~_ TU~~.~ L:~~uz~:~,i l~~?~ turd - ~~u~l ~o1i _, .. _ ~_~~~ i ~~,~t 1~''il Clc3::E~ ~~ ~ :~ .: I`C, ~ ~' _ `J _ ~ ,l ._ - _...~ ,. X1_1_ ., _1Cii ~c'n~~"1E;C' .dl~ ~ ~~ ,. B<:~a ~: am r ~•ro ::~ ~ ~~ ~' -.. -, _ ,~- ., r . , . _ ~. ~. .i~l~tF' dT C; ~. ~-. ~_c;i ~ , r 'i~ ~ :.ifl:._.~_ ,.~v UI' _'1_ c"~ L .~-. t ^1~, _ ~ .. ~ -~ 1 r ~ _ clc ~ ~ T~~'~ ~c1 r Lc''~oL ~.~, ~~ Trc?C~~ 1E ~;t_', UF; ~ ~. , .. _ _ .~. -, -..- ~, -. _ _~ • j ~ _ 1~' "v'1 ~ _ r' : _ .., ?,~,rt1C;( 1i_z( ~n'~:1r~.I~~-.., ~,,o~;_c;r ~r~ Tr~~~l-na ~~1_ar~_`-~~~ _,u~c}~sE~.c 1'~~, +ur'r~it~urr: :-~.nc' .:1~ ~.,.;ll~n; ~._l:; ~~;.~~(;r_~.1~ ~ iz~i ~os~c;:~sion of c,E~,~~z_d~lit; ~, .- C~ 1c'.er',;r ~ o~.~ c ;~~c~~Fc ir: ~~_>' i~~ tY?~ court , n '7 ~, ~ '., i rdE'~?~ G ' i , ~ ~ "~- ' ~~„ r, ~,~- ~ 1 ~ ~,!1'~~ .',I't 5 i'E;'JOrt 1:i~ ..._sS 111dttF r' (_ rle~"'e~Jy dbpted insofar as consistent wi~r~ our opinion filed this date . ~'or the reasons rs~~eax*ing in the report and our opinion, IT IS ORDERED that defendant' ~ rea~?Pst or ali~non;~ be deni-'d . ~',~ the ';~~zr` , ^,eorge E. Hoffer, ,~ r ~.~, `_, ~ ,~~~'~ ~iL'i.el' O. ulTC ,F'L i~C~ . . _ .,- . n. -~ - ~ ~-y:. ~ t ~, y. r .~_ u~f, t~'-1~~US~ _-, :'. ~_:1~ ic'~L~r~ ' E'T,. ~ :Ln tr1lS r!ic3~.L~__ ~..~ =;rE~~p~r t~C; i ~ .: - ,;~ r,~0i1 = i-i ~ oi~' ~ 1~ >'i i„ 1C; 1'E.' it't ~~', Tr, n ~ ~~RI~ '. t Yl l~ n j JrI1E~-' ~ GU.c'_Z ~ jr ~:i,j t l ~~'c i'', iE' S c:T'iC. ~_, t ^', ` i"Ii C~'r_-,' 1 ;`;'ZC~FIT'it, ~ r eGU~;:t f O r' ~ JUn=~E~_ ''e P, C°I~'i~-E',G rjji .lF. ~Gllr~ , ~.~f,~ir~,'.- ;S. ~t'::~~t3~', ,~ L~ ~ i ~ ~~ ~~, ~ ~ i~ u ~ ~ ~ -- - Upon-receipt-of that information-and computation of same, the parties shall return rtv court for argument on the interpretation of the agreement as it relates to Social Security. -_ The attorneys shall obtain a mutually feasible date with the court for argument on this case.; --- Plaintiff shall famish a brief to the court no later than two weeks prior to that- date, and defendant shall be given one week after the receipt of that brief to furnish a __ "corresponding brief. By the Court: George. E. Hoffer, P.J. ----- Copies mailed 3/3/98 March 26, 1998, Order, filed. AND NOW, thie 25th day of March, 1998, argument in the above-captioned matter - is scheduled for Friday, June 5, 1998, at 9:30 a.m. _.. Plaintiff shall furnish a brief to the Court no later than two weeks p ~o_ -~ the argument-date, and Defendant shall be given one week after receipt of Plaintiff's '~ brief to furnish a corresponding brief. By the Court: George E, Hoffer, P.J. Copies mailed 3./2.6/98 June 8, 1998, Order of Court, filed. IN RE: Argument AND NOW, May 27, 1998, argument in the above matter is continued from June 5, 1998, to MOI~IDAY, JUI~ 22, 1998, AT 1:30 P.M. By the Court: George E. Hoffer, P.J. __ _ Copies_.mailed -b/9/.9S- August_18, 1.998, .Order, filed. AND N(7W, this 17th day of August, 1998, by agreement of counsel, further argument in the above-captioned matter shall be scheduled for Friday, October 23, 1998, at 9:30 a.m., in Court Room 3, Cumberland County Court House, Carlisle, Pennsylvania. By the Court: George E. Hoffer, P.J. .Copies ma_i.led B f 19~ 9 8 Septe~er l7, 1998, Order, filed. AND NOW, this 16th day of September, 1998, by agreement of counsel, further argument in the above-captioned matter shall be scheduled for Friday, November 6, 1998, at 9:30 a.m., in Court Room 3 of the Cumberland County Court House, Carlisle,- Pennsylvania. By the Court: George E. Hoffer, P.J. Notice-mailed 9/i7j98 __ I ~f,E /3U~?e2' Ur/~:7u~~d r' /D `/-~h ~~ ~~ ~ -~ 8/31/83, Notice of Appeal,'filed. Notice is hereby given that Thelma I Hurley, defendant above namE hereby appeals to the Superior Court of Pennsylvania from the order: entered in this matteron the 2nd day of August, 1983, concerning equitable distribution of Marital property and alimony. Judith A Calk in, z~tty for Deft. ~ ~-~- . ~ 3, ~ ~ ~ ~ - 110 ~ 3 > ~ f~- - . i9 ~ 3 r ~`'~-~ 11 1 1 m de h June 985, Appea fro Or r of t e Court of Common Pleas, _C evil Division, of Cumberland County, No. 1349 Civil 1980, filed; Certificate of Contents of _Remended .Record and Notice of Remand Under PA Rul,~es of Appellate Procedure 2571 and 2572, filed; and Judgment, filed. ON CONSIDERATION WHEREOF, it is now here ordered ar~d adjudged by the Court that. the Order of the Court of Common Pleas of Cumberland County is reversed and remanded f_or reconsideration and the entry of a decree of distribution consistent with the foregoing opinion. Jurisdiction is not retained. r-Mildred E. Williamson, Deputy Prothonotary 10/1/85, Order filed. AND NOW, this 1st day of Oct. 1985 it is hereby ordered and decreed that pursuant to the order of the Superior court of Patna a hearing on equitable distribution in the above captioned case is scheduled for 9:30 a.m. o'clock in courtroom No 3, Cumb Co courthouse, Carlisle, Pa. on Monday, Dec. 2, 1985. George E Hoffer, J. 12/3/85, Order, filed. AND NOW, this 3rd day of Dec 1985 upon request of counsel for plff the hearing set in the above !natter is hereby continued until Dec 12, 1985 at 2:30 p.m. _By the .court., George E Hoffer, Jt J ul 15, 1987, Order, filed. AND NOW, this 15th day of July 1987, it is hereby ordered and decreed that briefs in the above captioned case shall be filed on or- befare Aug 7, 1987 and oral argument will be held at 1:30 p.m. on Aug. 14, 1987 in courtroom No 3, Cumb Co courthouse, Carlisle, Pa. George E Hoffer, J. Dec 4, 1987, Order, filed. AND NOW, t3Zis 4th day of Dec. 1987 the attached AGREEMENT AND STIPULATION is made an order of court. George E Hoffer, J. February 9, 1998, Motion for Contempt and to Enforce Property Settlement Agreement, filed. February 12, 1998, Order, filed. IN RE: Motion for Contempt .and to Enforce Property Settlement Agreement AND NOW, this 11th day of February, 1998, upon review of Plaintiff's Motion for Contempt and_Eforcement of Property Settlement Agreement, it is_hereby ordered and __ __ g y ary, 998, at directed that a hearin on said Motion be held on the 23rd da of Febru 1 9:30 o'clock A.M., in Court Room No. 3-of the Cumberland County Court House,-E~arlisle, Pennsylvania. By the Court: George E. Hoffer, P.J. Notice mailed 2/12/98 Nlarth 2, 1998, Order of Court, filed. IN RE: Contempt AND NOW, February 23, 1998 9:55 a.m., the parties having appeared for hearing together with. their respective counsel, and the plaintiff _having_requested information as to the defendant's Social Security status, and certain infozTnation having been given by the defendant to the plaintiff today, so that the plaintiff can go to Social Security Administration and compute the defendant's possible benefits, the parties will be given time to do this. Defendant agrees to give the plaintiff a letter signed by her and her attorney authorizing plaintiff to obtain information from Social .Security as to the defendant's_ status. 1 l"°~ ,~ ., P ' Case ~ -S 1349 Date of Entry : April 11, 19 8o at 2 : o~ M. Appearances: Entry by Plaintiff: John R. Hurley Summons ( ) Complaint (x ) Defendant: Thelma I. Hurley Petition ( ) Appeal ( ) Revival ( ) ( ) ~~~-~ -~, ~ 9 ~n - G-,2.~,~.% ~.~ ~~~-,,.~.w.<.-~, Action i n Assumpsit ( ) April 30, 1980, Rule for Bill of Partic 1~1~8SpaSS filed. Enter a Rule on theplff in the above Habeas Corpus entitled action to file a Bill of Particular DIVOrCe within twenty(20) days from service of the Rule, or non pros sec. leg. Grounds Arthur K. Dils, esq. Equity ( ) And now, this 30th .day of April, 1980, a Rule is entered on the plff as above Mortgage Foreclosure ( ) stated. Glenna Trimmer, Dpty. P otment ( ) May 20, 1980, Petition for Course Quiet Title ( ) fees and Rule, filed. Re levin AND Now, this 20th day of Ma P ( ) 1980, upon presentation and considerati~ndemnatlOn ( ) of the within Petition, a rule is her ~ ) issued upon .the plaintiff-Respondent, ohn R. Hurley, to show cause why if any, a shoal not be ordered to pay the counsel fee Service by SHF: ~~/ and expenses of the defendant-Pet itio erDate OfiReturn: Thelma I. Hurley, in the above cpationed divorce action. (p~,~ Rule returnable 20 days from date o service. All proceedings to stay in the meanwhile. By the m urt, Dale F. Shughart,P.~ RULE And now „ May 20, 1980, rule issued in accordance with above rule. Lsther R. Lebo, Dpty. ~~-~ -~,~^~-d-Q-~-)lid, lJ Ll 10/16/80, Amended Complaint, filed. William C. Kollas, Esquire Atty. for Plaintiff CP~ ~"/ ,~ J + U q Tf~ f l- ~.I2.c.t.w-C~ ~ b O 4. 0 0 ~a-t,c~C-t9-a-~ Taxation of Costs Receipt of Fees .25.50 Pd. Atty. Kollas ~~~ . 0~ ( ) ( ) (X) t 10/20/81, Petition for Alimony Pendante Lite, Fees and E~pen~:es & Rule, filed. AND NOW, this 20th day_of October, 1981, upon presentation and consideration of the within Petition, a Rule is hereby issued upon the Pla~nti.ff/Respondent,--John R Hurley, to show cause why, if any, he should not be ordered to pay alimony Pendante lite, counsel fees and expenses of the Defendant/Petitioner, Thelma I Hurley, in the above-captioned diuorce action. Rule Returnable 20 days from date of service. ALL PROCEEDINGS TO STAY IN THE MEANWHILE. BY THE COURT: Harold E. Sheely,J. *******Hearing to be held the 23rd day of November, 1981, at 9:30 a.m. in Court Room No. 2. And now October 20, 1981, Rule issued in accordance with the above Rule. Esther R Lebo, Dpty. Prothy. 0 1 n ~ c"-d , ~+ 9%-Z ~~ c 11/4/81.,` Order, filed. AND NOW, this 3rd day of November, 1981, in consideration of -the attached Peti.ti.on, the-.Appointment of Taylor P. Andrews, Esq., as Master in the above captioned proceedings on Sept. 18, 1981 is hereby vacated. The master to be paid $75.00. ~~~pa_ .~,~ ~~~eit ~~~ By the Court, DFS, P.J. 11/6/81,/ Rule to show cause, filed.~~~~`~`' ~ X980 AND NOW, this 6th day of November, 1981, upon consideration of the foregoing Petition to Proceed Under the Divorce Code of 1980, a Rule is hereby issued upon Respondent, Thelma I. Hurley, to show cause why Petitioner's Petition to Proceed Under the Divorce Code of 1980 should not be granted..... Rule returnable 20 days after service. - By the Court, DFS, P,J. And now November 6, 1981, Rule issued in accordance to above Order. Shirley A Peiper Deputy Protho s~ta~'y 12/8/81, Petition to Make Rule Absolute & Orde~ o. Court, ~ileu ACID NOw, this 8th day of December, 1981, upon consideration of the foregoing PETITION TO MAID RULE ABSOLU''F, and upon; ,Motion o` Plaintiff, John R Hurley, to_proceed under the Divorce Code of 1980, said Petition is hereby granted and the matter is hereby brought within the provisions of_ the D ivorce Code of 1980 BY THE COURT: %ale i Shughart, P.J. 1/26/82, Opinion & Order of Court, filed. AND ~NaW', ~ this -26th day of January, 1982, 1) Considering the plaintiffs ability to pay, the separate estate and income of the wife. the court directs the plaintiff to pay to de- fendant wife. the sum of $45.00 per week, effective January 25, 1982. The sum shall be paid through the Domestic Relations Office and the parties shall appear in the office for an appropriate order bang entered within ten (10) days from this date. 2) The court makes an award of counsel fees up to tend including the date of the hearing held in this case in the amount of $300.00 and plaintiff is directed to pay said amount within thirty (30) days of the receipt of this order. By the Court, Harold E. Sheelv.J. 2/10/82, Agreement for Order of Support, filed. ~~ d 3/ ~ ~ - G l> U '`°~z'z`'`-`" ems,-, -~--~ ~~ n `` ~~ C ~. ~ JQ.K1~i.~.t„CA, c~-'t' ~ 1 t ~ ~-- ~ '~-k.w'41 G ~~~L~ Gt,e~t~, 3/31/82, Petit Yon to Withdraw Representation & Or er, filed. AND NOW, th is 30th day of March, 1982, upon presentation and consideration if_ the within. Petiti,on,_ Joseph J Dixon, Esquire is permitted to withdraw from -epresentation of Thelma I. Hurley, Defendat in the above captioned matter. :ounsel for Defendant shall serve the Defe ndant by certified mail, Return teceipt Reques ted with a copy of this Petition BY THE COURT, Harold E. Sheely, J. r ~ ~~ ._1 to -A 3~9 c. ~9g~, ,6. f: aP28m Pq_ 109 3/31/82, Petition and Rule to Shaw Cause why Defendant's Alimony Pendente Lite should not be terminated & Rule to Shaw Cause, filed. AND N(7W, this 31st day of March, 1982, upon consideration of the foregoing Petition, a Rule is hereby issued upmn Respondent, Thelma I. Hurley, to show cause why Defendant's Alimony Pendente Lite should not be Terminated. Rule returnable and to be heard, Thursday, June 10, 1982, at 9:30 A.M. in Court Room No. 2. BY THE COURT: Harold E. Sheely, J. And now March 31, 1982, Rule issued in accordance with the above Rul To Show Cause. Esther R Lebo, Dpty. Prothy. 4/27/82, Motion for LP ve of Court to end the Complaint & Order, filed . AND NOW, this 27th day of April, 1982, upon consideration of the MOTION OF JOHN R HURLEY FOR LEAVE OF COURT TO AMEND THE COMPLAINT, it is decreed that the Divorce Complaint filed in this Action may be amended to include an Equitable Distribution Claim, and a Prayer for the Grant of a Divorce on the Grounds of Indignities, while incorporating all of the previous pleadings in this matter. BY THE COURT: Dale F. Shughart, P.J. 5/19/8 2 , Praecipe, filed. Please enter my appearance on behalf of Deft., Thelma I. Hurley. Judith A Calkin, Atty for Deft. 5/19/82, Order, filed. ~~~~w:.~<C ~~~m~~ AND NOW, this 19th day of May, 1982, upon consideration of the attached Petition, the Master's commission in the above captioned case is extended for an additional ninety (90) days, and the Master shall determine the Plaintiff's claim for a divorce on the grounds of in- dignities as well as the parties' claim for equitable distribution of marital property. By the Court, Dale F Shughart,PJ 5/28/82, Defendant's Answer to Plaintiff`s Amended Complaint, filed. f { 1r11~! ~, l) ~ ~ 1 y2~ Lam' YL, `, 'L~ `'~- _ ,~-Q-~-~l~/TI?1L%12~ 7/6/82, Order of Court, filed. AND NOw, June 10, 1982, at 11:00 a.m., the petition by John R Hurley to terminate the prior order of alimony dated January 26, 1982, is reaused. Based upon the fact that the defendant, Thelma I. Hurley, is now employed full-time, the court lowers the amount of alimony $7.50 a week, so that the present order shall be $37.50 per week. Mr Hurley is directed to bring the order up to date within fourteen days from the date of this order. By the Court, Harold E Sheely, J. 7/29/82, Affidavit of Consent of John Hurley, filed. 7/29/82, Affidavit of Consent of Thelma I Hurley, filed. 7/29/82, Affidavit of Thelma Hurley, filed. 7/29/82, Amended Marital Inventory, filed. 7/29/8 ~~ . ncome~E,~cpense Statement, f it d . ~~~. ,r,-~~ti~. ~.,, rna.~~ ~~, 8/4/82, er~- ~e-"`~~'.'r~rl~~.c'~-m,.,,~.~.~>...-E-.~ ~`~""x~...~c_~- ~n~...,,Qa.., 4~R AND NOW, this 4th day of August, 1982, upon consideration of the attached Petition, the master's commission in the above captioned case is extended for an additional ninety (90} days, and an additional $850.00 shall be deposited with the Court for costs, which sum shall be payable $425.00 by the Plaintiff, Jvhn R Hurley, and $425.00 by the Defendant, Thelma I Hurley, and all proceedings in this case shall be stayed pending the receipt by the Court of said deposits. By the Court, Dale F Shu4hart , P.,7 , /ma'y' ~ ~~~ /~~° - ~~- ~ . .~ -~ ~~~~ ~` ~`~ ~ l ____ - n ~'o~-~.~ U ie s~ Jz ~~a 11j19/82, Motion to extend Master's Commission & Order of Court filed. 1 AND NC7W, this 19th day of November, 1982, upon consideration of the ' f` attached Petition, the Master's commission in the above captioned case is extended for an additional 45 days from November 22, 1982. By The Court, Dale F. ghughart, P.J. I b 1 J / O o l~ao~3~ .~- C~f~~ o 0 ~~' l~ G i f j~ ~ 1 ~ 1 `"' frJUrc: ~~ r c; i'~"aur t. , f i~~~~ :; ~, ~,~ ~,• 9 ~ ~ r,1:T ~,;-~ , ru~~~;,t ? ~ c,;~~ ~~:coz~cian_~~: with the apinion filet' this cafe , tl ~~~;, in f'Oi1G~rl~Y!g pz'OprTt~ Ci iai t'7_fJUt i0I"~ ' S r i tl ~'~ P, c7 i . `I'rle r~lalrlt 1 i't S~t~~:li r"~C _'T~ ~ :.E-~. fOliOWiTi FensiaY~ 'r r? t'tl~~ ~a';;?~ ._1~~~ sbaz~t ,yo~'cug`~ Pali~e Pension Plan ~GV.i_~ ? 1`'0.;1 s~.~~; OI .:i~tx'=.:~i~ _~"'~~~ C~:.;E - ~i~,,~~~.~~ (~_i_reQG~y ~r'Ec:eLVE~Cj -.. J ~ T ~ ~ ~~~ttage. Lo~~a~eci cn has"~~c+-~ i..~_~i71~'~ {. n ~"?^,ara1. C'. ~J .riarC; := lY~: i'fi:7~.'~i.~ _1..~ .1.[.~:'.7. ly ~ c cord ~rUii ~~~11.- t 1_~1: ,,- •,~~,t ~~la~:~ .,~.t`,~r~~ t~~ ~~~l~r~:~ ~~7._. Ly.atw~~ ,nono~;rammed ~.~rit'r~ ''~. _~~ _ ~ c~ _ BOa ~ ~nCi t~.JO ~~1~aJi' S ~ ` ~- `Y Vii, ~°esSian Of ~7_a~r. ~1 ~ ~ 1 ~ r2P.F; c 7iC -..1 -, _ _LC. i G'_,-~ ~ _ - ~_ ~ ~' Lii p~S .~ ~e~nEr~ta°, lots dtEced i_r. (?,/ ~'. `~i~~, Defendant s~;all rec,F~iVe tyre foll~awin ~, Tc la~S ?'., aVE:r~r 11'C~`n .i~ll,y ~ ~G ic1"vSUlt ~~,lreadjr reCelVE'.dj . J -r ~' -1 ~~~' z ~ r _..~ _c.;"~.~~. -~~l ~ ='S . ~0 (A1_ eadT re ~ ~e ~ , ' ~ ii,~i1.~~~j ~ ~~'a.il SaIU ~ ~i;c, Z ,al r _; f % ~' ~T c, G-~ ., i ~ '- ~~ ~• ~ _`1°'T1'VIF~~U _ ~ `.' ~ i ~~ _7c cam. lri 2 ~J ~ ~c~ - c' ~ ',U~. r. ~" ~ ~ ~ . 7 ;> ;a.1~,~ ., ~ ~ ~' 1~ , ~r .r ~ tr `~~ .~UT'C~1aSE'd 197 f. ~r.~ur~_~ ~ ~-c~ ~ ,,, r 1 Jl~n~ _Lurl ~ur~ni t,~~ t: ,.roc: ir._ ~~11~r1 ~~~i~, ti .~• ~ .~~~alt,;r in possession of defendant ."~~-~~„'.:~_~~~y , at.. c?E;F~dec' ~n 1;~( ~~ the court , ",eorge E. Hoffer, ~~ . _ _, I'_~.'~ ~:C~,', ~'ugust ~?, 1 ~u' file ~~:astE,z°'s retort i.~. this matt~r~ _:: hereby adopted insofar as consistent with our opinion filed this date. For the reasons a~s'~earing in the report and our opinion, Im IS ORhERED that defendant's reauest for alimony ~e denied . ~y the Curt, George E. Hoffer, ~~ . ~ '~; 2, lr~i, Orc?er of ~~ut ,f ~ ~_c c~ . ~~~'~~ '~~C~+f, ,.~_1~~~.ZSt ~', Z~'~~3, ~,'k~ '~i2STt;z'° ~ rE'port l'1 trllS C.nattel' LS ~"!Prc:~)jr aco~ted. ~~or t~fe; reasons appea.rir~g ir~1 Mile rec}art, IT ZS ORrERED that the costs be borne eauall~ by ttiie parties anE, t::~iat t'i!e cefendant's reauest far counsel fees ,s. denied . ~~, the ;curt , George E . ilof'fer, ~~ . LC~c.t ~ , ~ y ~ .3 - ~ COQ ~-~ . _, ~ 4 ~ b 7 ~ --~1~ G ~o y-~ ~. 8/31/83, Notice of Appeal,If led. Notice is hereby given that Thelma I Hurley, defendant above named hereby appeals to the Superior Court of Pennsylvania from the orders ' entered in this matteron the 2nd day of August, 1983, concerning equitable distribution of Marital property and alimony. Judith A Calkin, Atty for Deft. June 11, 1985, Appeal from Or er of the Court of Common Pleas, Civil Division, of Cumberland County, No. 1349 Civil 1980, filed; Certificate of Contents of Remended Record and Notice of Remand Under PA Rules of Appellate Procedure 2571 and 2572, filed; and Judgment, filed. ON CONSIDERATION WHEREOF, it is now here ordered arrl adjudged by this Court that the Order. of the Court of Common Pleas of Cumberland County is reversed and remanded for reconsideration and the entry of a decree of distribution consistent with the foregoing opinion. Jurisdiction is not retained. Mildred E. Williamson, Deputy Prothonotary 10/1/85, Order filed. AND NOW, this 1st day of Oct. 1985 it is hereby ordered and decreed that pursuant to the order of the Superior court of Pen na a hearing on equitable distribution in the above captioned case is scheduled for 9:30 a.m.-o'clock in courtroom No 3, Cumb Co courthouse, Carlisle, Pa. on' Monday, Dec . 2, 1985 . George E Hoffer, J. 12/3/8.5.,. Order, filed_ AND NOW, this 3rd day of Dec 1985 upon request of counsel for plff the hearing set in the above matter is hereby continued until Dec 12, 1985 at 2:30 p.m. By the court, George E Hoffer, J. Jul 15, 1987, Order, filed. AND NOW, this 15th day of July 1987, it is hereby ordered and decreed that briefs-in the above captioned case shall be filed. on-or before Aug 7, 1987 and oral argument will be held at 1:30 p.m. on Aug. T4, 1987 in courtroom No 3, Cumb Co courthouse, Carlisle, Pa. George E Hoffer, J. Dec 4, 1987, Order, filed. RND NOW, this 4th day of Dec. 1987 the attached AGREEMENT AND STIPULATION is made an order of court. George E Hoffer, J. F7ebzua=y 9, 199$, Motion for Contempt and to Enforce Property Settlement Agreement, filed. February-12,-1998, Order, filed.. IN RE: Motion. for Contempt .and. to Enforce__Property Settlement Agreement AND NCJW, this 11th day of February, 1998, upon review of Plaintiff's Motion for Contempt and_Eforcement of Property. Settlement Agreement, it is hereby ordered and directed that a hearing on said Motion be held on the 23rd day of February, 1998, at 9:30 o'clock-A.M., in Court Room No. 3 of the Cumberland County Court House, Carlisle, Pennsylvania.. By the Court: George E. Hoffer, P.J. Notice mailed 2/12/98- March 2, 1998, Order of Court, filed. IN RE: Contempt AND NOW, February 23, 1998 9:55 a.m., the parties having appeared for hearing together with. their respective counsel, and the .plaintiff having requested. information as to the defendant's Social Security status, and certain information having been given by the defendant to the plaintiff today, so that the plaintiff can go to Social Security Administration and compute the defendant's possible benefits, the parties will be given time to do this. Defendant agrees to give the plaintiff a letter signed by her and her attorney authorizing plaintiff to obtain information from Social Security as to the defendant's status. < ~. Upon-receipt of that-information and computation of same, the parties shall return to court for argument on the .interpretation of the agreement as it relates to Social Security. _ _ The attorneys shall obtain a mutually feasible date with the court for argument on this case. Plaintiff shall furnish-a--brief to the-court no later than two weeks prior to that argument date, and defendant shall be given one week after the receipt of that brief to furnish a __corresponding brief.__ _ _ . _- ___ _ By_ the_Court: George _E. _Hoffer~ P.J. Copies mailed 3/3/98 March a6, 1998, Order, filed. AND NOVA, the 25th day of March, 1998, argument in the above-captioned matter is scheduled for Friday, June 5, 1998, at 9:30 a.m. __ __ - - Plaintiff shall furnish a brief to the Court no later than two weeks prior to the argument-date,-and Defendant shall be given one week-after receipt of Plaintiff's ~ I brief to furnish a corresponding brief. By the Court: George E. Hoffer, P.J. Copies mailed 3/26./98.._ _ _ __ _ _ _ _ _ _. ................. . . __ _ __ _ _ _ _ __ _ __ __ - _ __ _ __ __ - __ - _ __ _ ._ _ __- _ _