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08-6808
Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smei lton(a)dzmmglaw.com JoANNE M. LINSENBACH, Plaintiff V. FRANK W. LINSENBACH, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09 - & i?N CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 Telephone No. (717) 249-3166 or 1-800-990-9108 Knd L. Meilton, Esquir , #32551 Attorney for Plaintiff DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive, Harrisburg, PA 17109 (717) 657-4795 Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smei ltona,dzmm glaw.com JoANNE M. LINSENBACH, Plaintiff V. FRANK W. LINSENBACH, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 6 - 8 D 8 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(a) OR 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNT I: 1. Plaintiff is JoAnne M. Linsenbach, an adult individual who is sui juris and resides at 880 Creek Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Frank W. Linsenbach, III, an adult individual who is sui juris and resides at 350 Hoy Road, Carlisle, Cumberland County, Pennsylvania. The present whereabouts of the Defendant, Frank W. Linsenbach, III, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 21, 1973, in Pompano Beach, Florida. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based is that the marriage is irretrievably broken. COUNT II: CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 9. Plaintiff and Defendant are the joint owners as tenants by the entireties of the following real estate which is subject to equitable distribution by this court: 880 Creek Road, Carlisle, PA 17015 367 McAllister Church Road, Carlisle, PA 17015 365 McAllister Church Road, Carlisle, PA 17015 84 Lonesome Road, Newville, PA 17241 Vacant Lot on N. Mountain Road, Newville, PA 17241 2327 SE I Oh Ave., Cape Coral, FL 33990 350 Hoy Road, Carlisle, PA 17013 10. Plaintiff and Defendant are the owners of various items of personal property, furniture and household furnishings acquired during their marriage which are subject to equitable distribution by this court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage which are subject to equitable distribution by this court. COUNT III: CLAIM FOR ALIMONY UNDER THE DIVORCE CODE 12. The Plaintiff has no adequate means of support for herself except as provided for by Defendant. 13. Plaintiff is not employed. Defendant is employed by AmerGen Energy LLC, a wholly owned subsidiary of Exelon Generation LLC, a unit of Exelon Corporation, as the head of the Steam Generator Replacement Project at Three Mile Island, in Middletown, Pennsylvania, and earning approximately $100,000 per year. COUNT IV: CLAIM FOR ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES UNDER THE DIVORCE CODE 14. Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 15. Defendant is full well and able to pay Plaintiff Alimony, Alimony Pendente Lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. Directing the Defendant to pay Alimony to the Plaintiff; D. Directing the Defendant to pay Alimony Pendente Lite and Plaintiffs counsel fees and the costs of this proceeding; and E. For such further relief as the Court may determine equitable and just. DALEY ZUCKER WILTON MINER & GINGRICH, LLC andra L. Meilton, Esquire I.D. No. 32551 1029 Scenery Drive Harrisburg, PA 17109 717-6574795 Attorneys for Plaintiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. vaki J Anne M. Linsenbach, Plaintiff Dated: 10 -3(_ C> F j lY7 w `r V c, J? N F C:Q 1 i a JoANNE M. LINSENBACH, Plaintiff V. FRANK W. LINSENBACH, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 08-4908 NO. 96-68 A$-. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) AND NOW, this 2nd day of December, 2008, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Gloria M. Rine, paralegal to Sandra L. Meilton, who being duly sworn according to law, deposes and says that on November 21, 2008, she mailed a certified copy of a Complaint in Divorce to Frank W. Linsenbach, III, 350 Hoy Road, Carlisle, PA 17013-8540, by certified mail no. 7004 2890 0001 3910 5038, restricted delivery, return receipt requested, and the same was received on November 25, 2008 by him, as indicated by the return receipt card which is attached hereto. .f Gloria M. Rine Sworn to and subscribed before me this 2nd day of December, 2008. ublic (SEAL) COMMON EALTM OF PLNNSYLVAMA NOTARIAL MAL PATRICIA A. PATTONI, Notary Pubic Lower Patton Up.. Da #On County Cwgftsgn E es dune 20.20 0 m m Q Ln Q a tr m Q Q Q Q Er tO ru Q O N Retum Receipt Fee (Endorsement Required) Restricted Delk-M Fee (Endorsement Required) ¦ Complete Rams 1, 2, and 3. Also complete Rem a N Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can retum the card to you. ¦ Attach this card to the back of the mailp m or on the front if space permits. . ArWe Addressed to: FRANK W. LINSMACH, III 350 HOY ROAD CARLISIE, PA 17013-8540 A. Sign X El Addressee B. Received by (Pdttbed N") C. Date of DWtmy D. is daflvery address dlfferatt atom item 1? ? Yes if YES, otter d*.wy address below: ? No 3. Service Type gkwtieed Mao ? Express Mall a Regbeted O Return Receipt for Mardamdise 0 instxed ma 0 C.O.D. 4. Restriclied D war Dabs Feat zKybe 2. ArUcbNitnbe` 7004 2890 0001 3910 5038 lnarmwftm mvlb.mo P$ Form 3811. Februsry 2004 Domseft Rssum RsoNpt un -WIS40 t? ? . `4c JoANNE M. LINSENBACH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA & foe v NO. 08-0695 CIVIL TERM FRANK W. LINSENBACH, III, CIVIL ACTION -LAW Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearances of Max J. Smith, Jr., Esquire and Jarad W. Handelman, Esquire as counsel for Frank W. Linsenbach, III, Defendant in the above-captioned matter. U1 fl Date: April 15, 2009 Max J. Smith, Jr., Esqui I.D. No. 32114 Jarad W. Handelman, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly up P.O. Box 650 Hershey, PA 17033 (717) 533-3280 FIEitj- ri 1CFE OF THE f`', -r H""NOTARY 2009 APR 17 PM 3: 4 5 Cum; Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mj s@j sdc.com JoANNE M. LINSENBACH, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. FRANK W. LINSENBACH, III, Defendant : NO. 08-6808 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND NOW COMES the Defendant, FRANK W. LINSENBACH, III, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully Answers the Plaintiff's Complaint as follows: L-8. Admitted. COUNT II EQUITABLE DISTRIBUTION Paragraphs one (1) through eight (8) are incorporated herein by reference as though set forth in full. 9.-11. Admitted. COUNT III ALIMONY Paragraphs one (1) through eleven (11) are incorporated herein by reference as though set forth in full. 12. Denied. Plaintiff has sufficient property to provide for her reasonable needs and is capable of gainful employment. 13. Admitted. By way of further response, Plaintiff is capable of gainful employment and therefore able to support herself in accordance with the standard of living of the parties established during the marriage, especially when considering the assets that shall be distributed to Plaintiff in these proceedings. COUNT IV ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES Paragraphs one (1) through thirteen (13) are incorporated herein by reference as though set forth in full. 14. Denied. It is denied that Plaintiff is without funds and assets to pay her counsel fees, costs and expenses, as she has access to marital assets which allow her to support herself and pay counsel fees and expenses. 15. Denied. It is denied that Defendant is full well and able to pay Plaintiff alimony, alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, Defendant prays this Honorable Court to: (a) grant a divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code; (b) equitably divide the marital property remaining between the parties when appropriate; (c) deny Plaintiff's request for alimony; (d) deny Plaintiff s request for alimony pendente lite, counsel fees and expenses; (e) deny any and all other relief which has been requested by Plaintiff; and (f) order such further relief as the Court may determine equitable and just. Date: April U '2009 Respectfully submitted, h?TMQ MAX J. SMITH, JR., squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Answer 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. 9 ? ,za)?G FRANK W. LINSENBACH, III JoANNE M. LINSENBACH, Plaintiff VS. FRANK W. LINSENBACH, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6808 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this I I day of April, 2009, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Answer by depositing a certified copy of the same in the United States mail, postage prepaid, at Hummelstown, Pennsylvania, addressed to: Daley Zucker Meilton Miner & Gingrich, LLC Attn: Sandra L. Meilton, Esquire 1029 Scenery Drive Harrisburg, PA 17109-5322 *1 & Q MAX J. SMITH, JR., squire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly up P.O. Box 650 Hershey, PA 17033 (717) 533-3280 FILE .` Lc OF THE 2109 APR 21 Pi,ii 12: 10 cUll r_1?. ?. JOANNE M. LINSENBACH Plaintiff Vs. FRANK W. LINSENBACH, III, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . Docket No. 08-6808 CIVIL TERM Defendant MOTION FOR APPOINTMENT OF MASTER ToArme M T inspnhac h (Plaintiff) 60A), moves the court to respect to the following claims: (K) Divorce (3) Distribution of Property ( ) Annulment ( ) Support (x) Alimony (30 Counsel Fees (Y-) Alimony Pendente Lite M Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) requested. (2) The defendant (has) #mmmg) appeared in Max J. Smith, Jr . , , Esquire). (3) The Stattu?ory ground (s) Section 3301(c) appoint a master with for which the appointment of a master is the action 4rm==dhy0 (by his attorney, for divorce (is) (are) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: agreement reached to date an any claims. c. The action is contested with respect to the following claims: All classes noted above. (5) The action OUPNVMP? (does not involve) complex issues of law or fact (6) The hearing is expected to take one day (7) Additional information, if any, relevant to the motion: Date: 10/9/09 Attorney for (Plaintif (Bdodant) Print Attorney Name ......... ORDER APPOINTING MASTER AND NOW, 120 09 , Esquire is appointed master with respect to the following claims: By the Court: J. FILED---', FICE OFF THE' PRC)7H"-N'0TARY 2009 OCT 13 Fri 1: 59 r Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton(a dzmmglaw.com JoANNE M. LINSENBACH, Plaintiff V. FRANK W. LINSENBACH, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6808 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR SPECIAL RELIEF 1. Plaintiff is JoAnne M. Linsenbach, who resides at 880 Creek Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Frank W. Linsenbach, III, who resides at 350 Hoy Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on June 21, 1973 and separated on November 17, 2008. 4. The within divorce action was commenced by Plaintiffs Complaint filed on November 17, 2008. 5. A claim for equitable distribution was filed by Plaintiff as part of the Divorce Complaint. 6. Part of the marital estate includes Defendant's two pension plans with AmerGen and First Energy. 7. Defendant has indicated his intention to retire in January or February, 2010. 8. Defendant has further indicated that, upon retirement, he will be placing the two pensions into pay status. 9. If Defendant takes this action, Plaintiffs marital interest in these two assets will be severely prejudiced. 10. Plaintiffs counsel sought Defendant's counsel concurrence with the filing of the within Petition via email transmission on September 1, 2009. Defendant's counsel wrote by letter dated September 2, 2009 indicating that he did not feel his client would consent to the entry of an Order but was forwarding the Petition to Defendant for his review. As of the filing of this Petition, no further communication has been received from Defendant's counsel. 11. Plaintiff avers that no Judge has ruled upon any issue in this case. WHEREFORE, Plaintiff requests this Honorable Court to order that Defendant: (a) Forego putting his pension plans into pay status until the economic issues incident to the divorce are resolved; (b) Keep Plaintiff as the designated beneficiary and/or alternate payee on both pension plans, and if Plaintiff is not currently the beneficiary, Defendant should change the beneficiary designation to name her; and (c) Should take no action to jeopardize Plaintiffs interest in any way in his two retirement accounts, and if he takes action or took action, any funds received will be held in constructive trust for Plaintiff. DALEY ZUCKER WILTON MINER & GINGRICH, LLC By: Sandra L. Wilton, quire I.D. No. 32551 1029 Scenery Drive, Harrisburg, PA 17109 717-657-4795 Attorneys for Plaintiff I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. JoAnne M. Linsenbach, Plaintiff -is Dated: 1- 0 - 0 6? CERTIFICATE OF SERVICE I, Gloria M. Rine, Paralegal to Sandra L. Meilton, hereby certify that on this 9th day of October, 2009, a true and correct copy of the foregoing document was served on counsel for the Defendant, by mailing same by first class mail, addressed as follows: Max. J. Smith, Jr., Esquire P.O. Box 650 Hershey, PA 17033 r Gloria . Rine 3 cl 131 j OCT 1 4 zuu 6 JOANNE M. LINSENBAC[i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. FRANK W. LINSENBACH, III, Docket No. 08-6808 CIVIL TAM Defendant MOTION FOR APPOINTMENT OF MASTER Jn rmc- M- U nsenbach (Plaintiff) ffa), moves1he court to appoint a master with respect to the following claims: Divorce (3) Distribution of Property () Annulment ( ) Support (x) Alimony (x) Counsel Fees fc) Alimony Pendente Lite ( Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has) Omwast) appeared in the action 4ummfio (by his attorney, Max J. Smith, Jr . , , Esquire). (3) The Statutory ground (s) for divorce (is) (are) Section 3301 (c) (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: No a=eamnt reached to date on any claim- _ c. The action is contested with respect to the following claims: All claims noted above. (5) The action #=W90? (does not involve) complex issues of law or fact (6) The hearing is expected to take (7) Additional information, if any, relevant to the motion: Date: 10 /9 /09 Attorney for (Plaintif (fkAwbW) Print Attorney Name ......... ORDER APPOINTING MASTER AND NOW, / , 20 09 Esquire is appointed master with respect to the following claims: By It J. -i,-S=CE FILED nc T ` ,, 0TARY THE r 2009 OCT 15 AM 11: 0 7 a Iy FILED-OrF!GT-- OF THEE pRnT .t-;NOTARY 2009 OCT 13 PM 1'. 59 Al? All-,I /77 ?V Sandra L. Menton, Esquire Daley Zucker Menton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton?i dzmrrralaw.com JOANNE M. LINSENBACH, Plaintiff V. FRANK W. LINSENBACH, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA o? NO. -418:6808 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE INVENTORY AND APPRAISEMENT OF JoANNE M. LINSENBACH I, JoAnne M. Unsenbach, file the following inventory and appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. I verify that the statements made in this inventory and appraisement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4004 relating to unswom falsification to authorities. P ntiff ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the fol lowing pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. Real property (x) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts (x) 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) 10. Annuities (x) (x) (x) 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal property outside the home 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) 16. Employment termination benefits - severance pay, workman's compensation claim/award 17. Profit sharing plans 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20. Disability payments 21. Litigation claims (matured and unmatured) 22. MilitaryN.A. benefits 23. Education benefits 24. Debts due, including loans, mortgages held 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) (x) 26. Other MARITAL PROPERTY Plaintiff lists all ma rital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Names of all Owners 1. 2327 SE 10 Ave., Cape Coral, FL Joint 1. 880 Creek Road, Carlisle, PA Joint 1. 367/365 McAllister Church Road, Joint Carlisle, PA 1. Vacant lot; North Mountain Road, Joint Newville, PA 1. 84 Lonesome Road, Newville, PA Joint 1. 350 Hoy Road, Carlisle, PA Joint 2. 2004 Toyota 4Runner Joint 2. 1988 Toyota Supra Liftback 2D Joint 2. 2002 Dodge Caravan SE Minivan Joint 2. 1999 Toyota Tacoma Long Bed truck Joint 2. 1974 Snowco Trailer Joint 2. 2003 Car Mate Trailer Joint 2. 1999 Worthington Trailer Joint 2. Backloader Joint 2. Ferris Mower Joint 5. Joint Checking account at M&T Bank Joint 6. Joint Savings account at M&T Bank Joint 9. New York Life (cash surrender value) Joint 14. 2006 Yamaha Jet Boat (5 X 230 high output) Husband with trailer 18. AmerGen TMI and Oyster Creek Employee Husband Pension Plan for Nonbargaining Employees Item Number Description of Property Names of all Owners 18. FirstEnergy Pension Plan Husband 25. Household Goods Joint 25. Lawn and Garden tools; construction and Joint Home improvement accessories and products 26. Husband's Firearms and Firearm/Hunting Husband Related products 26. Husband's Guitar collection Husband 26. Husband's collection of musical instruments, Husband electronics, keyboards, percussions, microphones, parts, pedals, stands, cords, cables, amplifiers, etc. 26. Husband's Magazines and Albums Husband NON-MARITAL PROPERTY Plaintiff lists all marital property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Name of Reason for Item Number Description of Property all Owners Exclusion 5./6. Parties' bank accounts Wife/Husband Post-Separation 18. Post-separation contributions and market gains and losses for Husband retirement plans Husband Post-Separation PROPERTY TRANSFERRED Plaintiff lists all property in which either or both spouses had a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years: Item Number Description of Property Names of all Owners LIABILITIES OF PARTIES Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date action was commenced: Name of Names of Description of Debt Creditor All Debtors Mortgage on Cape Chase Home Finance Joint Coral, FL property Second Mortgage M&T Bank Joint on 880 Creek Road, Carlisle, PA Loan GE Money Bank Joint Ftt,.F.?) FF " E OF THE Pfr? , , I .N0TAPY 2009 OCT 13 PM 1: 59 f Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton@dzmmglaw.com JOANNE M. LINSENBACH, Plaintiff V. FRANK W. LINSENBACH, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA • G? NO.-Q&-6808 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT Attached hereto is the Income and Expense Statement of Plaintiff submitted pursuant to Pa. R.C.P. No. 1920.31. Sandra L. Meiltoln Attorney for Plaintiff INCOME AND EXPENSE STATEMENT OF JOANNE M. LINSENBACH INCOME Employer: Not employed Address: Type of Work: Payroll Number: Pay Period (weekly, biweekly, etc.): Gross Pay per Pay Period: Itemized Payroll Deductions: Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance Other (specify) Net Pay per Pay Period: (see attached pay stub) Other Income: Interest/Dividends Pension/Annuity Social Security Rents Expense Account Gifts Unemployment Comp. Workmen's Comp. $ -0- Week Month Year (Fill in Appropriate Column) $ $ $ 3 ati Tota $ 49 TOTAL INCOME $ EXPENSES Weekly Monthly Yearly (Fill in Appropriate Column) Home Second mortgage (13 mo. $ $ 829 $ average - variable rate) Maintenance Utilities Electric (budget) _ Home repairs _ Cell phone _ Telephone _ Internet _ Trash (9 mo. average) _ Employment Public $ Lunch 191 40 54 31 36 Taxes Real Estate Personal Income Insurance Homeowners (on mar. res. ) Automobile (wife's vehicle) $ 420 $ 5,040 78 30 Life Accident Health Other Automobile Payments Fuel Repairs Maintenance Auto Club (AAA) Medical Doctor Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, orthopedic devices) Education Private school Parochial school College Books/Miscellaneous Weekly Monthly Yearly (Fill in Appropriate Column) $ $ 6 $ e. 850 200 50 2 $ 15 12 54 $ 10 * - Please note that Wife is currently covered under Husband's health insurance. $850 is an estimate of Wife's future health insurance expense. Personal Clothing Food Barber/hairdresser Personal care Hobbies Laundry/Dry Cleaning Memberships - AARP Loans Credit Union Miscellaneous Household help Child care Papers/books/magazines Entertainment Cable - Direct TV Vacation Gifts Weekly Monthly Yearly (Fill in Appropriate Column) S $ 40 $ 300 30 _ 2 100 75 N r 20 20 Weekly Monthly Yearly (Fill in Appropriate Column) Legal fees (current balance $ $ 1,400 $ is in excess of $4,000) Charitable contributions Other child support Alimony payments Other Pet expenses 60 TOTAL EXPENSES PROPERTY OWNED Description See Inventory and Checking accounts Appraisement See Inventory and Savings accounts Appraisement See Inventory and Credit Union Appraisement See Inventory and Stocks/bonds Appraisement See Inventory and Real estate Appraisement See Inventory and Other Appraisement $ 4,955 $ ownership* Value H W J TOTAL *H=Husband; W=Wife; J=Joint INSURANCE Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Company Group 090053 Blue PPO Group 090053 Blue PPO Dental (Aetna) Group 619405-10-001 Coverage: $5,000 Other (life ins.) American General Policy Coverage* No. H W C CEP841016420 X X Plan 121 X X CEP841016420 X X Plan 621 X X W1597 09442 X X 3375307 _ X H=Husband; W=Wife; C=Child I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. 94904 related to unsworn falsification to authorities. J e M. Linsenbach I verify that I have reviewed this form with my client and to the best of my knowledge the answers herein are true and correct. Sandra L. Meilt n Attorney for Plaintiff CERTIFICATE OF SERVICE AND NOW, this day of 2009, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm, Daley Zucker Meilton Miner & Gingrich, LLC., hereby certify that I have, this day, served the within document on counsel for Defendant, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Max J. Smith, Jr., Esquire P.O. Box 650 Hershey, PA 17033 Gloria M. Rine BLED-{ :+FICE OF THIE 20,09 OCT 13 PM 1.59 OCT -14 2009 (n Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 sore i ltona,dzmm glaw. corn JoANNE M. LINSENBACH, Plaintiff V. FRANK W. LINSENBACH, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 0(! NO. 966808 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE RULE AND NOW, this ( 4 fh day of o r-k A Q,. , 2009, upon consideration of the Petition, a Rule is issued upon Defendant, Frank W. Linsenbach, III, to show cause why Plaintiffs Petition should not be granted. Rule returnable 2.0 days from the date of service. BY THE COURT: ASTRIBUTION: S dra L. Meilton, Esquire, 1029 Scenery Drive, Harrisburg, PA 17109 ,,/Max J. Smith, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 i es rnb i LL, C = ! ' 'r)T ;I IARY E" U. P'l 2 1, VA 1, Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton@dzmmglaw.com JOANNE M. LINSENBACH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • a8-`SOH V. : NO. 06-6808 CIVIL TERM FRANK W. LINSENBACH, III, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) AND NOW, this 16th day of October, 2009, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Gloria M. Rine, paralegal to Sandra L. Meilton, Esquire, who being duly sworn according to law, deposes and says that on October 16, 2009, she personally served a certified copy of the Rule entered by the Honorable M. L. Ebert, Jr. with regard to the Petition for Special Relief filed by Plaintiff in the above matter, by hand delivery to the office of Defendant's counsel, Max J. Smith, Jr., Esquire. r Gloria M. Rine Sworn to and subscribed before me this 16th day c ber, 09. IfetfiryiPublic (SEAL) kME/14 Y4vA1" 'PATRK3A A. PATTON ter ry Pubic LOW .' ° une 20,200 F LE 'ARY .,F T 2009 OCT 20 P1l f - 15 ! k.i v. .?.3a VX f? r" Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjs@jsdc.com JoANNE M. LINSENBACH, Plaintiff vs. FRANK W. LINSENBACH, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6808 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S ANSWER TO PETITION FOR SPECIAL RELIEF AND NOW COMES the Defendant, FRANK W. LINSENBACH, III, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully responds to said Petition as follows: L-5. Admitted. 6. Admitted with clarification. Defendat has two retirement plans that are marital property, same being Exelon (not AmerGen) and First Energy. 7. Admitted. By way of further response, Defendant has always made known his plans to Plaintiff. He fully intends to retire in January 2010. 8. Admitted. By way of further response, Defendant fully recognizes that Plaintiff is entitled to an equitable share of the marital portion of both retirement plans. 9. Denied. Defendant fully recognizes Plaintiff's marital interest in both retirement plans and agrees that Plaintiff will receive her equitable share of same at the appropriate time. 10. Admitted. Defendant does not agree that it is appropriate to delay placing his retirement plans in pay status, as his decision to retire was carefully planned and made in good faith. 11. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss the Petition for Special Relief that has been filed by Plaintiff, with prejudice. Respectfully submitted, Date: October 2 0 , 2009 ()Ffi ? MAX J. SMITH, JR., quire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JoANNE M. LINSENBACH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-6808 CIVIL TERM FRANK W. LINSENBACH, III, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 30 day of October, 2009, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Defendant's Answer to Petition for Special Relief by depositing a certified copy of the same in the United States mail, postage prepaid, at Hummelstown, Pennsylvania, addressed to: Daley Zucker Meilton Miner & Gingrich, LLC Attn: Sandra L. Meilton, Esquire 1029 Scenery Drive Harrisburg, PA 17109-5322 MAX J. SMITH, JR., E uire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 RLE? i-;:'-a c TF!r D, fTA,RV 2009 OC T 30 PH 2: 4.2 ? k Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton(,dzmmglaw.com JOANNE M. LINSENBACH, Plaintiff V. FRANK W. LINSENBACH, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : v fr NO. .,@&-6808 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION REQUESTING HEARING 1. Plaintiff is JoAnne M. Linsenbach, who resides at 880 Creek Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Frank W. Linsenbach, III, who resides at 350 Hoy Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff filed a Petition for Special Relief with this Honorable Court on October 13, 2009 concerning Defendant's intentions to retire in January, 2010. 4. A Rule was entered by the Honorable M. L. Ebert, Jr. on October 14, 2009, returnable in twenty (20) days. 5. Defendant filed an Answer to said Petition on October 30, 2009. 6. Plaintiff requests the scheduling of a hearing to resolve this outstanding matter. 7. Concurrence for the filing of a Petition for a hearing was sought with Defendant's counsel on November 12, 2009. Defendant's counsel stated in an email on November 12, 2009 addressed to Plaintiffs counsel's assistant that he agrees that we will need a hearing to resolve the issues relating to the Petition for Special Relief. WHEREFORE, Plaintiff requests this Honorable Court to: (a) Schedule a hearing on Plaintiffs Petition for Special Relief; (b) Direct Defendant to forego putting his two pension plans into pay status until hearing; and (c) Keep Plaintiff as the designated beneficiary and/or alternate payee on both pension plans, and if Plaintiff is not currently the beneficiary, Defendant be directed to change the beneficiary designation to name her. DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Sandra L. Meilton, Esquire I.D. No. 32551 1029 Scenery Drive, Harrisburg, PA 17109 717-657-4795 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Personally appeared before me, a Notary Public in and for said Commonwealth and County, Sandra L. Meilton, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Plaintiff in the within action; that she takes this affidavit on behalf of Plaintiff as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. X/1 1 .4-" 4&XZT2 ?zl? - Sandra L. Meilton Sworn to and subscribed before me this day of tP, , 2009. )e" N otary Public C OFLS-N- LVANU NOTARIAL SEAL Gloria M Rine, Notary public Lower Paxton Township, Dauphin C m ty a 'ns November 15, 2011 CERTIFICATE OF SERVICE I Gloria M. Rine, Paralegal to Sandra L. Meilton hereby certify that on this ? day' of November, 2009, a true and correct copy of the foregoing document was served on counsel for the Defendant, by mailing same by first class mail, addressed as follows: Max. J. Smith, Jr., Esquire P.O. Box 650 Hershey, PA 17033 ( MiRine 2009 HO 13 E :? ; ^u JoANNE M. LINSENBACH, PLAINTIFF V. FRANK W. LINSENBACH, III, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6808 CIVIL IN RE: PETITION FOR SPECIAL RELIEF - STATUS CONFERENCE ORDER OF COURT AND NOW, this 20th day of November, 2009, upon consideration of Plaintiff's Petition for Special Relief and the Defendant's Answer thereto, IT IS HEREBY ORDERED AND DIRECTED that a status conference with counsel will be held on Tuesday, December 8, 2009, at 8:30 a.m. in chambers of Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, vll? ndra Meilton, Esquire Attorney for Plaintiff `,Pol'ax J. Smith, Jr., Esquir Attorney for Defendant bas 4 N\t M. L. Ebert, Jr., \ 0 J. Ft w; -NMAR`t N(?V 20 ? .? 2: ? ? ?ODq JoANNE M. LINSENBACH, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FRANK W. LINSENBACH, III, DEFENDANT : NO. 08-6808 CIVIL IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 8th day of December, 2009, upon consideration of Plaintiff's Petition for Special Relief, the Defendant's Answer thereto and after status conference with counsel, IT IS HEREBY ORDERED AND DIRECTED that a hearing on the Plaintiff's Petition for Special Relief will not be scheduled at this time. By the Court, Sandra Meilton, Esquire Attorney for Plaintiff /lax J. Smith, Jr., Esquire Attorney for Defendant bas (20 1 es ma t LECL lalS?ot b M. L. Ebert, Jr., J. RL FICi OF PROTHONOTARY T?E 2009 DEC -8 AM 11: 4 8 cump- cF 1N3';,*LVA ` IA. Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjs@jsdc.com F ZUeQJ r1i'i JoANNE M. LINSENBACH, Plaintiff vs. FRANK W. LINSENBACH, III, Defendant T IN THE COURT OF COMMON P CUMBERLAND COUNTY, PENT NO. 08-6808 CIVIL ACTION - DIVORCE PURSUANT TO PA.RC.P.1920.33(b) 1. ASSETS A. MARITAL ASSETS ASSET VALUE DATE OF NON-MARITAL LjEI VALUATION PORTION 880 Creek Road $292,180 Present No (Marital (appr 2 Residence) (J) ??2n nnr The lien on this residence is a line of credit requiring interest only monthly payments. The real estate property are not escrowed and require payment separately from any monthly payment obligation. 1 V. on this A. MARITAL ASSETS (CONTINUED) ASSET VALUE DATE OF NON-MARITAL LIEN VALUATION PORTION 350 Hoy Road $218,910 Present No one Q) North Mountain $45,000.002 Sold 10/16/09 No None Road Lot (J) McCallister $103,380 Present No None Church Road (J) 84 Lonesome $102,000 Present No None Road (J) Cape Coral $175,000 Present No Yes Home (Fla.) (J) (estimated) (a prox. $220,000) New York Life $15,063.00 Present No Done Insurance Policy (H) First Energy $255,2953 Marital Value No Done Retirement (H) AmerGen $194,5194 Marital Value No Done Retirement (H) 2 Each party received $22,500.00 from the proceeds of the sale of the lot. Plaintiff retained her en ire portion of the proceeds of sale. After the payment of taxes, Defendant used the entire remaining portion of hiss iare of the proceeds (approximately $18,000.00) to pay joint debt on the Barclay's and Chase credit cards lis ed in the "Marital Debts" section hereof. 3 The marital value of the retirement was previously appraised, however, Defendant will retire eff ctive Feb 1, 2010 at which time any lump sum valuation will be converted to an income stream in which it is aOknowled ed Plaintiff will share. 4 The marital value of the retirement was previously appraised, however, Defendant will retire eff ctive Feb 1, 2010 at which time any lump sum valuation will be converted to an income stream in which it is a knowled ed Plaintiff will share. 2 A. MARITAL ASSETS (CONTINUED) ASSET VAL UE DATE OF NON-MARITAL LEN VAL UATION PORTION 2003 Carmate $2,000 Present No None Trailer (estimated) 1999 $1,500 Present No None Worthington (estimated) Trailer 2002 Dodge $1,750 Present No Done Caravan (H) (KBB) 2004 Toyota $16,005 Present No one 4Runner (ifs 1999 Toyota $1,025 Present No one Pick-Up (H) (KBB available) 1988 Toyota $3,500 Present No None Supra (H) (estimated) Ferris Mower $5,000 Present No one (estimated) 1993 Backloader TBD Present No None Household TBDS Present No None Furnishings and Personal Property Antique Dishes TBD Present No None 5 Defendant maintains that the IBIS personal property appraisal grossly overvalues the personalty, ollectibl s, and household furnishings itemized therein. Defendant shall provide his own opinion of value relating to the per onalty, collectibles, and household furnishings in opposition to the IBIS appraisal and shall itemize such opinions prior to trial. Defendant reserves the right to provide an appraisal in rebuttal to the IBIS appraisal. A. MARITAL ASSETS (CONTINUED) ASSET VALUE DATE OF NON-MARITAL LIEN VALUATION PORTION Various TBD Present No None Paintings (ii) B. NON-MARITAL ASSETS The parties have no non-marital assets other than any separate accounts either of them ay have established post-separation. II. EXPERT WITNESSES Defendant has not retained any expert witness to testify at this time. Defendant reserves the right to present expert testimony of any real estate appraiser who may be necessary to establish the fair market value of any real property listed in Part A., as well as to call an expert for rebuttal purposes pertaining to the IBIS Appraisal to be presented by Plaintiff. Defendant reserves the right to retain any expert witness identified above and/or to retain additional expert witnesses as may be required prior to trial and to cross-examine ny expert witness retained by Plaintiff for trial. III. LIST OF FACT WITNESSES Defendant anticipates calling only the parties as witnesses. Defendant reserves the right to cross-examine any witness called by Plaintiff at the time of trial and to offer rebuttal witnesses at the time of trial in response to Plaintiff's presentation. Defendant reserves the right to supplement this response prior to trial. 4 IV. LIST OF EXHIBITS Plaintiff will present statements of all assets listed in Part A. above Ito substantiate the listed account values. 2. Plaintiff will present Kelly Blue Book Values to substantiate the values of the motor vehicles listed in Part A. above. 3. Plaintiff will present deeds to any parcel of real property listed in Part A. 4. Plaintiff will present copies of any real estate appraisals of the real property' listed in Part A. above. 5. Plaintiff will present documentation establishing the value of any asset and/or liability listed in either of the parties' Pre-Trial Statements. 6. Plaintiff will present documents establishing his retirement pay. 7. Plaintiff will present copies of the parties' most recent tax returns. 8. Plaintiff will present an itemization of the personal property, collectibles, and household furnishings, including his opinion of value of such items. 9. Plaintiff reserves the right to supplement this response prior to trial hand offer additional exhibits at the time of trial. V. PARTIES' INCOMES The real estate owned jointly by the parties, specifically the real estate toca ed at McCallister Church Road and Lonesome Road, includes rental opportunities that enerate dental 5 income. With respect to the McCallister Church Road property, the property was most recently rented in 2009 for $500.00 per month. The property is not currently rented. With'xespect to the Lonesome Road property, the property was most recently rented in September 2009 for $1,025.00 per month. The property is not currently rented. Plaintiff is unemployed. Defendant will retire effective February 1, 2010. At the toe of his retirement, Defendant's income will be limited to his retirement pay consisting of anticipated gross amounts of $1,500.00 per month from Exelon and $1,300.00 per month from First E?ergy. VI. PARTIES' EXPENSES Defendant will file an expense statement and present same as an exhibit at the time of trial. It is anticipated that Plaintiff will similarly present such statement at the time of trial VII. VALUATION OF RETIREMENT ASSETS The retirement assets listed in Part A. have been valued prior to Defendant's antici retirement. The retirement assets listed in Part A. above will be converted to an income effective February 1, 2010 upon Defendant's retirement. The value of such retirement is reflected in the income expectancy from such assets as indicated above ($2,800.Oq gross month). VIII. COUNSEL FEES The parties should be responsible for their own counsel fees. An award of to either party is not warranted in this case. fees 6 IX. PERSONAL PROPERTY Plaintiff has obtained an appraisal from IBIS concerning the parties' personalty, collectibles, and household furnishings. Defendant maintains that the IBIS personal property appraisal grossly overvalues the items enumerated therein. Defendant shall provide his o opinion of value relating to the personalty, collectibles, and household furnishings) in oppo iti to the IBIS appraisal and shall itemize such opinions prior to trial. X. MARITAL DEBTS DEBT AMOUNT DATE DEBT INITIAL PAYMENTS EVIDENCE AS OF INCURRED AMOUNT OF SINCE DOS DOS DEBTIPURPOSE Line of $220,000 During Line of Credit By Husband Statements Credit Marriage (880 Creek DOS Road) Balance TBD Real Estate TBD During Real estate tax By Husband Checks Taxes (all Marriage liability of parties properties) Barclay's $3,00e During Miscellaneous By Husband Statements Credit (estimated) Marriage (includes Wife's Card attorney fees) Chase $13,000 During Miscellaneous By Husband Statements Credit (estimated) Marriage Card Defendant seeks a credit in the equitable distribution of the marital property accounting for the monies he has paid post-separation towards marital debts, including but not limited to real 6 Husband paid approximately $15,000.00 on the Barclay's credit card balance following the sale of the North Mountain Road lot from his share of the proceeds of sale. The existing balance, as well as the prior balance against which Husband's payment was credited, included $18,000.00 of Wife's attorney fees which she charged post. separation to a Chase credit card and subsequently transferred to the Barclay's credit card. 7 estate taxes, line of credit payments, and payments on the Barclay's and Chase credit cards. As indicated in footnote 6, Husband paid approximately $15,000.00 towards the outstanding balance on the Barclay's credit card from his share of the proceeds of sale of the North Mountain Road lot. The balance on the Barclay's credit card was primarily the result of Wife's post-separation charges to the card for her own attorney fees (3 separate charges of $6,000.00) that Wife initially charged to the Chase credit card and subsequently transferred to the Barclay's credit card after Wife had removed her name from the Chase card, but was precluded from removing her name from the Barclay's card. XI. PROPOSED ECONOMIC RESOLUTION Defendant will present a comprehensive settlement proposal at the time of the Pre-Trial Conference and/or settlement conference. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY LLP Date: January 4, 2010 By: J. SMITH, JR. SQUIRE I.D. No. 32114 JARAD W. HANDELMAN, ESQUIRE I.D. No. 82629 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorneys for Defendant, Frank W. Linsenbach, III 8 JoANNE M. LINSENBACH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08-6808 CIVIL TERM FRANK W. LINSENBACH, III, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 4th day of January, 2010, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Pre-Trial Statement of Defendant by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Office of Divorce Master Attn: E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013-3014 Daley Zucker Meilton Miner & Gingrich, LLC Attn: Sandra L. Meilton, Esquire 1029 Scenery Drive Harrisburg, PA 17109-5322 (? In MAX J. SMITH, JR., Esk 4ire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 y FILED :,.7 T? 1r Lt'd' 2010 FED -2 r. >' E Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC CU'P, v F Y 5 1029 Scenery Drive s Harrisburg, PA 17109 (717) 657-4795 smeiltonAdzmmQlaw.com JOANNE M. LINSENBACH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. FRANK W. LINSENBACH, III, Defendant NO. -:06-6808 CIVIL ACTION - LAW IN DIVORCE STIPULATION THIS AGREEMENT is made this day of 2010, by and between JoAnne M. Linsenbach, hereinafter referred to as "JoAnne" by and through her counsel, Sandra L. Meilton, Esquire, and Frank W. Linsenbach, III, hereinafter referred to as "Frank" by and through his counsel, Max J. Smith, Jr., Esquire, and stipulate and agree as follows: WHEREAS, Plaintiff is JoAnne M. Linsenbach, who resides at 880 Creek Road, Carlisle, Cumberland County, Pennsylvania; WHEREAS, Defendant is Frank W. Linsenbach, III, who resides at 350 Hoy Road, Carlisle, Cumberland County, Pennsylvania; WHEREAS, the Plaintiff and Defendant were married on June 21, 1973; WHEREAS, during the parties' marriage, Frank was employed by First Energy and AmerGen now known as Exelon; WHEREAS, as a result of his employment during the marriage, Frank accrued pension CIVIL TERM benefits under two plans, the First Energy Pension Plan and the AmerGen TMI and Oyster Creek N U Employee Pension Plan for Non-Bargaining Employees now known as the Exelon Pension Plan for Non-Represented Employees at TM and OYC (hereinafter referred to as "pensions"); WHEREAS, Frank and JoAnne separated on November 17, 2008 and a divorce complaint was filed on November 17, 2008. The Complaint contains a count for equitable distribution of the parties' marital assets; WHEREAS, the parties acknowledge that Frank's pension benefits referenced in Paragraph 5 above are marital assets subject to equitable distribution; WHEREAS, Frank has indicated his intention to retire after January 1, 2010 and to place pensions into pay status; WHEREAS, upon learning of this intent, JoAnne filed a Petition for Special Relief on October 13, 2009, and said matter was assigned to the Honorable M. L. Ebert, Jr.; WHEREAS, an in-chambers conference with counsel and Judge Ebert was scheduled and held on December 8, 2009; and WHEREAS, after hearing both parties' positions, Judge Ebert indicated that should Frank choose to place his pensions into pay status, all steps must be taken to protect JoAnne's marital interest in the pensions and to assure that proper selections will be made by Frank to assure that in the event Frank predeceases JoAnne, her monthly benefits and all other pension entitlements will be preserved. WHEREFORE, if Frank puts his pensions into pay status, he agrees as follows: Frank will select, at a minimum, a fifty (50%) percent joint and survivor annuity. 2. JoAnne shall be named as beneficiary of the survivor benefits. 3. JoAnne shall receive fifty (50%) percent of any lump sum payments which Frank receives including, but not limited to, pension, bonus, vacation, etc. to which he may be entitled, rF with the understanding that the entire lump sum payments will be deposited into the parties' joint checking account for payment of joint marital debts. The parties shall provide verification of all debts which they claim to be marital and for which they are requesting payment from the said joint checking account. Counsel for the parties shall review the bills and shall advise the parties as to the payments which shall be made from the parties' joint account. Neither party shall write any checks using the said funds outlined above until the payments are approved by counsel for the parties. 4. In the event there are any death benefits available to Frank, JoAnne shall be named as beneficiary of any death benefits available to Frank incident to the pensions or as a result of his employment during the marriage. 5. Frank shall take all steps to assure that fifty (50%) percent of the net amount he receives by virtue of placing the "pensions" into pay status shall be paid to JoAnne by the Plan Administrator. Included in the net amount are any tax refunds due to Frank. 6. If direct payment is not possible, then and in that event, Frank shall pay fifty (50%) percent of the net amount as defined in Paragraph 5 above to JoAnne within five (5) days of receipt along with verification of the amount received. 7. In the event that Frank receives a retroactive lump sum payment incident to the pensions, same shall be treated as the amounts defined in Paragraph 3 above. 8. Frank shall keep JoAnne covered on health insurance as long as permitted by the Plan. The parties shall share the cost of coverage equally. 9. The parties shall put a Qualified Domestic Relations Order in place as soon as administratively feasible and shall share equally the expense of same. 10. If Frank is entitled to any other benefits as a result of his said employment, he will take no action that would jeopardize JoAnne's marital interest in those benefits. IN WITNESS WHEREOF, the parties hereto, witnessed by their respective counsel, intending to be legally bound hereby, have hereunto set their hands and seals to this Stipulation the day and year first above written. WITNESS: Sandra L. Meilton, Esquire Attorney for JoAnne M. Linsenbach Dated: / 2 J e M. Linsenbach Dated: Ma*J.Smith, e Attorney for Frank . Linsenbach, II Dated: lio Frank W. Linsenbach, III Dated: 1 14-1 D o/46ra? 4 FEB 1 6 20ic) JoANNE M. LINSENBACH, Plaintiff V. FRANK W. LINSENBACH, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 4&-6808 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of _ 14 "e?t , 20_Q_, upon consideration of the attached fully executed Stipulation, it is hereby ORDERED that the Stipulation is incorporated herein as an Order of Court. BY THE COURT: DISTRIBUTION: S dra L. Meilton, Esquire, 1029 Scenery Drive, Harrisburg, PA 17109 n .; 4 _ ax J. Smith, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 Z ,;`= ?.> f' ' co n1F= ES rn.g I -_j c-n --i -G JoAnne M. Linsenbach Plaintiff . ?fr...'t MAY 0 3 2010 6n ?-' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL. ACTION - LAW - IN DIVORCE Frank W. Linsenbach. III Defendant NO. 08-6808 QUALIFIED DOMESTIC RELATIONS ORDER IT IS HEREBY ORDERED AS FOLLOWS: 1. Effect of This Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined benefit pension plan that is qualified under Section 401 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA" ).. It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d)(3) of ERISA. 2. Participant Information: The name, last known address, social security number and date of birth of the plan "Participant" is: Name: Frank W. Linsenbach, III ("Participant") Address: 350 Hoy Road, Carlisle, PA 17013 Social Security Number: See Addendum Birth Date: See Addendum Participant's Attorney Information: Name of Attorney: See Addendum Address: See Addendum Phone: See Addendum 3. Alternate Payee Information: The name, last known address, social security number and date of birth of the "Alternate Payee" is: n Name: JoAnne M. Linsenbach ("Alternate Payee") Address: 880 Creek Road, Carlisle, PA 17015 ' `? Social Security Number: See Addendum t=' ; r Birth Date: See Addendum rev Alternate Payee's Attorney Information: Name of Attorney: See Addendum Address: See Addendum Phone: See Addendum The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in his/her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is The GPU Generation, Inc. Employee Pension Plan (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s), to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined benefit plan sponsored by the Participant's employer, where liability for benefits accrued under such predecessor plan or other defined benefit plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania. 6. For Provision of Marital Property Rights and/or Spousal Support: This Order relates to the provision of marital property rights to the Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. 7. From the benefits otherwise payable to the Participant each month, this Order assigns to Alternate Payee 64% of each such monthly payment, commencing as soon as administratively practicable after this Order is determined by the Plan Administrator to constitute a "qualified domestic relations order" under the Code and ERISA and continuing to the Alternate Payee until the earlier to occur of her death or the Participant's death. In addition to the above, the Alternate Payee shall receive a pro-rata share of any post- retirement cost of living adjustments or other economic improvements made to the Participant's benefits. Such pro-rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Section 7. 8. Treatment of Alternate Payee as Surviving Spouse for Purposes of Determining Qualified (Post-retirement) Joint & Survivor Annuity as Such Term is defined in Section 417 of the Code: In the event that the Participant predeceases the Alternate Payee, such Alternate Payee shall be designated as the surviving spouse of the Participant for purposes of establishing Alternate Payee's entitlement to receipt of this monthly post-retirement survivor annuity. This designation applies to any post-retirement survivor annuity benefits that may become payable under the Plan in the event of the Participant's death. The Alternate Payee shall be treated as a surviving spouse of such Participant for purposes of any and all post-retirement surviving spouse annuity benefits that become payable under the Plan, and any subsequent spouse of the Participant shall not be treated as a spouse of the Participant for such purposes. 9. Death of Alternate Payee: In the event the Alternate Payee predeceases the Participant, the Alternate Payee's portion of Participant's benefits, as stipulated herein, shall revert to the Participant. 10. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee that are required to be paid to another alternate payee under another order that was previously deemed to be a QDRO. 11. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 12. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO under Section 414(p) of the Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 13. Tag Treatment of Distributions Made Under This Order: For purposes of Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 14. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 15. Correcting or Terminating Payments: The Plan will retain any rights it may have under its terms to suspend or terminate payments to Alternate Payee and Participant provided that either Participant or Alternate Payee may contest such suspension or termination through any administration remedies available under the Plan. Payments by the Plan pursuant to this Order will be without prejudice to any right the Plan has under applicable law to seek recoupment or offset for overpayment. If the Plan pays one party a portion of the other party's benefits under the Plan and this Order, the party receiving the overpayment will return that portion to the Plan, which in turn, will pass that portion onto the other Party. ACCEPTED AND ORDERED this 'fh day of ail .2010. BY THE COURT N I I &? I Judge CONSENT TO ORDER: tiff/Alternate Payee Date Defendant/Participant Date Attorney for Plain ' Date Attorney for Defe t/ Date Alternate Payee Participant nn . s/s/ ?d ' V ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to QDRO Consultants Co. Only Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to the QDRO Consultants Co. when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Member Information Name: Frank w. Linsenbach, III Address: 350 Hoy Road Carlisle, PA 17013 SSN: 264-06-4517 Date of Birth: October 7, 1950 Member Attorney's Information Name: Max Smith, Esquire Address: P.O. Bog 650 Hershey, PA 17033 Phone Number: (717) 533-3280 Alternate Payee Information Name: JoAnne M. Linsenbach Address: 880 Creek Road Carlisle, PA 17015 SSN: 263-11-1747 Date of Birth: June 15, 1950 Alternate Pavee Attorneys Information Name: Sandra L. Meilton, Esq. Address: Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Phone Number: (717) 657-4795 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: QDRO Consultants Co. Attn: First Energy QDRO Compliance Team 3071 Pearl Road Medina, OH 44256 -..A ?r MAY 0'3 2010 JoAnne M. Linsenbach IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW - IN DIVORCE Frank W. Linsenbach. III Defendant NO. 08-6808 QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, by order issued by this Court the marriage of JoAnne M. Linsenbach ("Petitioner") and Frank W. Linsenbach, III ("Respondent") has been dissolved; and WHEREAS, in connection with said order relative to the distribution of property between the parties, certain retirement benefits of E$elon Pension Plan for Non-Represented Employees at TMI and OYC (hereinafter referred to as the "Participant") are to be transferred to JoAnne M. Linsenbach (hereinafter referred to as the "Alternate Payee"); IT IS HEREBY ORDERED AS FOLLOWS: 1. Effect of This Order as a Qualified Domestic Relations Order: It is intended that this order will qualify as a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Internal Revenue Code of 1986, as amended, (the "Code") and Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), and the provisions hereof shall be administered and interpreted in accordance with such intent. 2. Participant Information: The name, last known address, social security number and date of birth of the Participant is: Name: Frank W. Linsenbach, III Address: 350 Hoy Road, Carlisle, PA 17013 Social Security Number: See Addendum Birth Date: See Addendum 3. Alternate Payee Information: The name, last known address, social security number and date of birth of the Alternate Payee is: n ? ` Name: JoAnne M. Linsenbach Address: 880 Creek Road, Carlisle, PA 17015 Social Security Number: See Addendum Birth Date: See Addendum u The Participant and the Alternate Payee shall at all times advise the Plan of any change in their respective addresses. Any subsequent notices or payments made by the Plan shall be satisfied if made to the address shown above unless the Plan has been advised in writing of a change by the person concerned. 4. Plan Name: The name of the Plan to which this order applies is the Exelon Pension Plan for Non-Represented Employees at TMI and OYC (hereinafter referred to as the "Plan"). Any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined benefit plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined benefit plan has been transferred to the Plan, shall also be subject to the terms of this order. Any changes in Plan Administrator, Plan sponsor or name of the Plan shall not affect the Alternate Payee's rights as stipulated under this order. 5. Pursuant to State Domestic Relations Law: This order is entered pursuant to the authority granted to the applicable domestic relations law of the state of Pennsylvania. 6. For Provision of Marital Property Rights: This order relates to the provision of marital property rights to the Alternate Payee as a result of the order of divorce between the Participant and the Alternate Payee. 7. Commencement Date and Form of Payment to Alternate Payee: The Participant's benefit is being paid in the form of an optional joint and 50% survivor annuity. The portion of the Participant's monthly benefit to be paid to the Alternate Payee is 50% of each monthly payment], commencing as soon as administratively practicable after this order is determined by the Plan Administrator to constitute a "qualified domestic relations order" under the Code and ERISA. Such payments shall terminate on the earlier to occur of the Participant's death or the Alternate Payee's death. Notwithstanding the foregoing, in the event the Alternate Payee's predeceases the Participant and has designated a beneficiary in accordance with Paragraph 8 below, such payments shall terminate upon the earlier to occur of the designated beneficiary's death and the Participant's death. If the Participant dies before the Alternate Payee, the Alternate Payee shall receive the survivor annuity pursuant to the election made by the Participant. 8. Death of Alternate Payee: If the Alternate Payee timely files a beneficiary designation in acceptable form and substance with the Plan Administrator and the designated beneficiary could be an alternate payee, as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended, with respect to the Participant's benefit under this QDRO, the Alternate Payee's assigned retirement benefit shall be payable to the Alternate Payee's beneficiary. Payments to a beneficiary (if any) made in accordance with this Paragraph 8 shall be made in accordance with the optional form of payment in which payments were being made to Alternate Payee. 9. Savings Clause: Nothing in this order or any amendment of this order shall require the Plan to provide any type or form of benefit, or any option, not otherwise provided by the Plan. Benefits payable to the Alternate Payee pursuant to this order shall reduce the benefits payable under the Plan to the Participant so that the benefits to be paid to the Participant and the Alternate Payee in the aggregate, determined in accordance with the Plan's actuarial assumptions, do not exceed the Participant's total benefit under the Plan. Nothing in this order shall be construed to require the Plan to provide benefits the Alternate Payee that are required to be paid to any other alternate payee under another order previously determined to be a QDRO. 10. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO under Section 414(p) of the Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 11. Tag Treatment of Distributions Made Under this Order: For purposes of Sections 402(a)(1) and 72 of the Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this order and, as such, will be required to pay the appropriate federal income taxes on such distribution. 12. Continued Jurisdiction: The court shall retain jurisdiction with respect to this order to the extent required to establish or maintain its qualification as a QDRO under ERISA and the Code and regulations promulgated pursuant thereto. 13. Certified Copy of Order: An original, certified copy of this order shall be promptly communicated and delivered to Aon Consulting, Inc., Attn: Exelon QDRO Team, 270 Davidson Avenue, 7h Floor, Somerset, NJ 08873, by the Alternate Payee, the Participant, the Alternate Payee's counsel or the Participant's counsel. 14. Signature: By signing this order, the Participant waives notice of the order. th ACCEPTED AND ORDERED this J5 day of M & I 20 kQ. BY THE COURT ? 't I Judge CONSENT TO ORDER: ?,?? N 3 0/ v laintiff/Alternate Payee Date I,aor, 4 Defendant/Participant Date 41le f:-te Attorney for PlAlternate Payee 1)4? S. ('Zeet4 , ) S/ S. /ID ern (b" ?3a A torney or Defe tl Date Participant ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Aon Consulting= Inc. Only Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to the Aon Consulting, Inc. when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Member Information Name: Frank w. Linsenbach, III Address: 350 Hoy Road Carlisle, PA 17013 SSN: 264-06-4517 Date of Birth: October 7, 1950 Member Attorney's Information Name: Max Smith, Esquire Address: P.O. Box 650 Hershey, PA 17033 Phone Number: (717) 533-3280 Alternate Payee Information Name: JoAnne M. Linsenbach Address: 880 Creek Road Carlisle, PA 17015 SSN: 263-11-1747 Date of Birth: June 15, 1950 Alternate Pavee Attornev's Information Name: Sandra L. Meilton, Esq. Address: Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Phone Number: (717) 657-4795 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: Aon Consulting, Inc. Attn: Exelon QDRO Team 270 Davidson Avenue, 7th Floor Somerset, NJ 08873 JOANNE M. LINSENBACH, Plaintiff vs. FRANK W. LINSENBACH, III, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 08 - 6808 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ~~ day of , 2010, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated October 5, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, ~~ Kev' A. Hess, P.J. cc: Sandra L. Meilton Attorney for Plaintiff Max J. Smith, Jr. Attorney for Defendant Cop,~s ~, led I o~ 7 /io r-~ ' :.a ~. 1 .~ , ,~ «~; y < > ._ ,.. ~-~ ... . , ,. ~Y> ~ MARITAL SETTLEMENT AGREEMENT T~'1 ` /~ THIS AGREEMENT, Made this ~ day of ~CT° ~~~ , 2010, by and between .Frank W. Linsenbach, Ill, hereinafter referred to as "Husband", and JoAnne M. Linsenbach, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 21, 1973; and WHEREAS, two (2} children were born of this marriage, namely, Sharon, bom April 4, 1977 and Krista, born January 31, 1980; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now five separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support andlor maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by ane against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Max J. Smith, Jr., Esquire, and Wife by her attorney, Sandra L. Meilton, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made, and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. SEPARATION: ft shall be lawful for each party at all times hereafter to live separate and apart from the other at such place or places as he or she may from time to time choose or deem fit. Each party sha11 at all times keep the other informed of his or her place of residence, and steal! promptly notify the other of any change, giving the address of the new place of residence. The parties agree that the terms of this Agreement shall not be affected by Husband's and Wife's subsequent co-habitation with each other or resumption of marital relations with each other unless the parties otherwise specifically agree in writing. 2. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart ftom the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since their separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims ar demands made against him by reason of debts or obligations incurred by her. From the date of execution of this Agreement, Wife shall use only those credit cards and accounts for which she is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since their separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. From the date of execution of this Agreement, Husband shall use only those credit cards and accounts for which he is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. -2- 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement, except as follows: LIABiL1TY M&T Bank- Home Equity Line of Credit Creek Road- Account #4998 Chase- Mortgage for Cape Coral Property Account #7927 RESPONSIBLE PARTY See Paragraph 7. B.2. of this Agreement See Paragraph 7.B.5. of this Agreement Yamaha Installment Financing- Boat Account #6811 See Paragraph 7. D. of this Agreement Each party agrees to pay the outstanding joint debts as set forth herein and further agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. 6. MUTUAL RELEASE: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herseff, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY: The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 23 Pa.C.S.A. Section 35Q1 et. seg, and taking into account the following considerations: the length of the marriage; the fact that it is the firs# marriage for both Husband and Wife, the age, health, station, amount and -3- sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of either spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Personal Property Collections and Household Goods: 1. Btue Book Inventory Prepared by Alyssa Loney Husband shat! review the Blue Book Inventory prepared by Alyssa Loney (hereinafter referred to as "Inventory") and provide Wife with two lists of items which he wants to re#ain. The first list shall provide the items which he wants to retain and for which he will accept the value stated in the Inventory. List two shall provide the items he wishes to retain but for which he will not accept the value listed in the Inventory. Husband shall provide a value far each item on lis# two which is acceptable to him and he shall provide, where possible, documentation supporting the value acceptable to him. Wife shall review Husband's list two and advise Husband of the values assigned by him which are acceptable to her and of the values assigned by Husband which are not acceptable to her. Those assets with values acceptable to Wife shall be retained by Husband at the agreed to value. If there are assets for which Wife is not willing to accept Husband's value, Wife shall advise Husband of the value that is acceptable to her. To the extent possible, Wife shall provide Husband with documentation supporting the value she assigns. If with this exchange of information, the parties cannot agree on a value the item shall be placed on the Disputed Items fist discussed below. Wife shat! review the Blue Book Inventory prepared by Alyssa Laney (hereinafter referred to as "Inventory") and provide Husband with two lists of items which she wants to retain. The first list shat{ provide the items which she wants to retain and for which she will accept the value stated in the Inventory. List two shall provide the items she wishes to retain but for which she will not accept the value listed in the Inventory. Wife shall provide a value for each item on list two which is acceptable to -4- her and she shall provide, where possible, documenta#ion supporting the value acceptable to her. Husband shall review Wife's list two and advise Wife of the values assigned by her which are acceptable #o him and of the values assigned by Wife which are not acceptable to him. Those assets with values acceptable to Husband shall be re#ained by Wife at the agreed to value. If there are assets for which Husband is not willing to accept Wife's value, Husband shall advise Wife of the value that is acceptable to him. To the extent possible, Husband shall provide Wife with documentation supporting the value he assigns. If with this exchange of information, the parties cannot agree on a value the item shall be placed on the Disputed Items list discussed below. Note: All items in the Inventory that are accepted by Husband and/or Wife as a list 1 (one) items shall be reduced by five (5%) percent since this action relieves both parties from incurring an auctioneer fee. All items accepted at a value different from the Inventory will be assessed at that different value and not be reduced by five (5%) percent. 2. Household Goods and Personalty Not Listed in the Inventory The parties agree that there are numerous items located at 880 Creek Road, Carlisle, Pennsylvania, 350 Hoy Road, Carlisle, Pennsylvania and 2327 South East 10~' Avenue, Cape Coral, Florida which have not been identified and valued in the Inventory. The parties have agreed that they have divided these items between themselves to their mutual satisfaction. 3. Disputed Items and Items Neither Parly Wishes to Retain Items for which the parties cannot agree shall be placed on Disputed Items list. Each party shall review and exchange their separate Disputed Items list within thirty (30) days of the date of this Agreement. Within fifteen {15) days after exchanging their individual list, they shall create a joint Disputed Items list. Within thirty {30) days after creating the joint Disputed Items list, they shall select the auctioneer, if an auctioneer is necessary. All items on the Disputed Items list along with all items located at the Creek Road, Hay Road, or Cape Coral property that neither party desires to retain shall be sold at public auction. The auctioneer shall be selected by Wife and approved by Husband and shall be an auctioneer who will pick up the items to be auctioned and store them until the auction takes place. In the event that Husband and Wife cannot agree on an auctioneer, each shall select two auctioneers. These names shall be provided to the Divorce Master, E. Robert Elicker, II, and he shall pick the auctioneer to handle this matter. The net proceeds shall be divided equally between the parties. Net proceeds shall be defined as the balance remaining of the gross amount -5- realized from the auction less all costs of sale, including but not limited to, the auctioneers commission and storage fees, if any. 4. Equalization of Values of Items in Inventory It is anticipated that Husband will retain substantially more items from the Inventory than Wife. Therefore, to equalize the value of items retained from the inventory by the parties, they shall take the total value of items retained from the inventory by Husband and subtract the value of items retained from the inventory by Wife. Husband shall pay to Wife the difference established in this manner. The amount due from Husband to Wife shall be paid to her from Husband's share of the first piece of real estate sold as part of this agreement. To the extent that Husband's share of the proceeds from the fast piece of real estate sold is not sufficient to satisfy in full the amount owed by Husband to Wife, the balance shall be paid from the proceeds from the safes of the remaining real estate. Note: The parties agree that the proceeds from the safe of Hay Road are not included in the proceeds to be utilized by Husband to equalize the amount due to Wife from the retention of the Inventory Items. B. DISTRIBUTION OF REAL ESTATE: 1. 350 Hoy Road The parties were the joint owners of real estate located at 350 Hoy Road, Carlisle, Cumberland County, Pennsylvania. The real estate has been sold and is listed for settlement in October, 2010. The parties agree that the net proceeds from the settlement shall be equally divided between them. Net proceeds shall be defined as the balance remaining of the sale price, less all outstanding mortgages and liens, taxes, reaftor commission, and if applicable, costs incident to sale. The parties agree that at settlemen# a check shalt be issued to each of them in their separate names for fifty {50%} of the sales proceeds. In addition, Jacqueline M. Verney, Esquire holds Five Thousand ($5,000.00) Dollars in her account which amount shall also be equally divided by the parties simultaneously with the safe of the real estate. Ms. Verney shall cut a check in the amount of Twenty-Five Hundred ($2,500.00) Dollars for each party. Homeowners' Insurance: The parties agree that they will take the steps necessary to obtain homeowners' insurance to cover the value of the Hoy Road property. The policy shall remain in place un#il settlement on the real estate is completed. The cost of the coverage shall be shared by the parties. -6- Tax Advice Incident to Sale of Real Estate: The parties agree that any capital gains and tax consequences, if any, due and owing as result of the sale of the above referenced real estate shall be shared equally between them. They further agree that they shall work with Gary Group and shall use Mr. Group's services to prepare their tax returns. They shall be guided by Mr. Group with regard to taxes and other matters. 2. 880 Creek Road The parties are the joint owners of real estate located at 880 Creek Road, Carlisle, Cumberland County, Pennsylvania. It is the intent of the parties to sell the Creek Road property and the real estate has been listed for sate with Steve Barrett. The parties agree that the real estate shall remain listed with Steve Barrett until sold or until they mutually agree to list with another realtor, and they agree that they shall be guided by Mr. Barrett's or current realtor's recommendations with regard to list price and sale of the property. The parties agree that upon sale of the property, they shall divide the net proceeds equally between them. Net proceeds shall be defined as the balance remaining of the sale price, less all outstanding mortgages and liens, taxes, realtor commission, and if applicable, costs incident to sale. Husband's share of the proceeds shall be subject to the provisions of Paragraph 7.A.4. For so long as she desires to reside in the property, Wife shall have the exclusive use and the possession of same. In exchange for the exclusive use and possession, Wife agrees to be solely responsible for the mortgage payments and utility bills relative to said real estate while she resides therein. Upon Wife's moving from the real estate, Husband and Wife covenant and agree to continue to pay and discharge the existing mortgage obligation, to pay the real estate taxes, homeowners insurance, and utility bills incident to the premises until the property is sold and to share these liabilities and expenses equally. Tax Advice incident to Sale of Real Estate: The parties agree that any capital gains and tax consequences, if any, due and owing as result of the sale of the above referenced real estate shall be shared equally between them. They further agree that they shall work with Gary Group and to use Mr. Group's services to prepare their tax returns. They shall be guided by Mr. Group with regard to taxes and other matters. 3. 365/367 McAllister Church Road The parties are the joint owners of real estate located ai 3651367 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania. It is the intent of the parties to sell the McAllister Church Road property and the real estate has been listed for sale with Steve Barrett. The parties agree that the real estate shall remain -7- fisted with Steve Barrett until sold or until they mutually agree to list with another realtor and they agree that they shall be guided by Mr. Barrett's or current realtor's recommendations with regard to list price and sale of the property. The parties agree that upon sale of the property, they shall divide the net proceeds equally between them. Net proceeds shall be defined as the balance remaining of the sale price, less all outstanding mortgages and liens, taxes, realtor commission, and if applicable, costs incident to sale. Husband's share of the proceeds shall be subject to the provisions of Paragraph 7.A.4. Tax Advice Incident to Sale of Real Estate: The parties agree #hat any capital gains and tax consequences, if any, due and awing as result of the sale of the above referenced real estate shall be shared equally between them. They further agree that they shall work with Gary Group and to use Mr. Group's services to prepare their tax returns. They shall be guided by Mr. Group with regard to taxes and other matters. 4. 84 Lonesome Road The parties are the joint owners of real estate located at 84 Lonesome Road, Newville, Cumberland County, Pennsylvania. It is the intent of the parties to sell the Lonesome Road property and the real estate has been listed for sale with Steve Barrett. The parties agree that the real estate shall remain listed with Steve Barrett until sold or until they mutually agree to list with another realtor and they agree that they shall be guided by Mr. Barreft's or current realtor's recommendations with regard to list price and sale of the property. The parties agree that upon sale of the property, they shall divide the net proceeds equally between them. Net proceeds shall be defined as the balance remaining of the sale price, less alt outstanding mortgages and liens, taxes, realtor commission, and if applicable, costs incident to sale. Husband's share of the proceeds shalt be subject to the provisions of Paragraph 7.A.4. Husband agrees to fix the plumbing problem (broken pipe} at the Lonesome Road house and to mow the lawn at this property. Tax Advice Incident to Sale of Real Estate: The parties agree that any capital gains and tax consequences, if any, due and owing as result of the sale of the above referenced real estate shall be shared equally between them. They further agree tha# they shall work with Gary Group and to use Mr. Group's services to prepare their tax returns. They shall be guided by Mr. Group with regard to taxes and other matters. 5. 2327 SE 10th Avenue Wife agrees to transfer to Husband all of her interest in and title to their jointly-owned real estate at 2327 SE 10~' Avenue, Cape Coral, Florida -8- property, subject to the mortgage through Chase, in exchange for which Husband agrees to be solely responsible for the payment of all past due and future mortgage payments, past due and future taxes, past due and future insurance and all utility bills relative to said real estate. Husband covenants and agrees to pay and discharge the existing mortgage obligation on said premises in accordance with its terms, and agrees to indemnify Wife from any loss by reason of her default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto. Husband agrees to pay down the mortgage on 2327 SE 10~' Avenue, Cape Coral, Florida, 33990, by at least $100,000 when the property at 350 Hoy Road is sold. After the mortgage is paid down by at least $100,000, Wife shall have no decision making authority about this property as to sale, short sale or stopping payments for foreclosure. Husband agreed to maintain payments current so as to not impact either Husband's or Wife's credit rating. Husband shall apply for refinance of the 2327 SE 10th Avenue, Cape Coral, Florida property within a reasonable time after the sale of Hoy Road not to exceed 120 days after the sale of Hoy Road property. Husband shall .also pursue removing Wife from financial obliga#ion regarding #his property independent of refinancing the property. The parties anticipate receiving proceeds from th e of the H Road property as discussed in Paragraph 7.B.1. of this Agree t. The proceeds fro a Hoy Road sale are to be shared equally by the rties and it is Husband's intent, a icated above, to use at least $100,000 is share of those proceeds to pay down t se mortgage on the C oral, Florida property. Husband agrees that he will receiv $100,000 the Hay Road proceeds and the balance of his share of said proceeds din escrow until such time as he provides verification to Wife that th ,000 paymen een made to Chase and utilized to reduce the mort n the Cape Coral, Florida grope 00,000. Upon providing veriftcatio is payment, Husband shall be entitled to receive t lance of his shay a proceeds from the sale of Hoy Road. Pending refinancing or sale of the Cape Coral, Florida property, Husband agrees to be solely responsible for the payment of the mortgage payments, taxes, insurance and utility bills relative to said real estate and agrees to indemnify and hold Wife harmless from any responsibility thereunder. Tax Advice Incident to Sale of Real Estate: The parties agree that any capital gains and tax consequences, if any, due and owing as result of the sale of the above referenced real estate shall be shared equally between them. They further agree that they shall work with Gary Group and to use Mr. Group's services to prepare their tax returns. They shall be guided by Mr. Group with regard to taxes and other matters. 1' l~ ~~~ 1~ 1~~ -9- C. NEW YORK LIFE INSURANCE POLICY #33 496 949: The parties agree that Husband shall continue to maintain his New York Life Insurance Company Policy #33 496 949. He shall make the premium payments in a timely fashion and he shall continue to have Wife named as beneficiary of said policy. Husband shall designate the parties' children, Sharon and Krista, as the alternate beneficiaries should Wife predecease Husband. When both parties have turned sixty-five {65) years of age, Husband shall pay to Wife fifty (50%) percent of the cash surrender value existing in the policy at the time of distribution takes place. Husband may at his discretion either cash out the policy or retain the policy but after Wife receives her fifty (50%} percent of the age sixty-five {65) cash surrender value, Husband is free to change the beneficiaries on said policy as he deems appropriate. Upon request by Wife, Husband shall provide verification that the premiums on said policy are paid timely and that the beneficiary designations are required by this Agreement. Until Wife receives her fifty (50%} percent of the cash sunrender value of this policy, Husband shall not borrow against the policy nar shall he in any way encumber or pledge the policy or utilize the policy in any fashion that would diminish the cash surrender value of the policy. D. YAMAHA JET BOAT & TRAILER: During the marriage, the parties purchased a Yamaha Jet Boat and trailer. At the time of the signing of this agreement, the boat and trailer were subject to a lien held by Yamaha Installment Financing. The boat and trailer are titled in Husband's name and the Yamaha Installment Financing lien is in Husband's name only. The parties agree that Husband shall retain the boat and trailer subject to the existing lien. Husband shall discharge the lien on said boat in accordance with its terms and agrees to indemnify Wife from any loss by reason of any default in the payment thereof and agrees to save Wife harmless from any future liability with regard thereto: E. CASH PAYMENT: Husband shall pay to Wife a Pump sum of Twelve Thousand ($92,000.00) Dollars in return for which Wife shall waive all right, title and interest to spousal support or alimony. The cash payment shall be made by Husband to Wife from the proceeds of the sate from the Creek Road, McAllister Church Road, and Lonesome Road properties identified in Paragraph 7.6. The amount due from Husband to Wife shall be paid to her from Husband's share of the first piece of real estate sold as part of this agreement. To the extent that Husband's share of the proceeds from the first piece of real estate sold is not sufficient to satisfy in full the amount owed by Husband to -10- Wife, the balance shall be paid from the proceeds from the safes of the remaining real estate. Note, the parties agree that the proceeds from the safe of Hoy Road are not included in the proceeds to be utilized by Husband to make the cash payment to Wife. F. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is anon-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 8. PENSION AND RETIREMENT PLAN: The parties agree that, during the marriage, Husband was employed by GPU, its successors and predecessors, and as a result of his employment, has pensions with Exelon and First Energy. Bath pensions are in pay status and both pensions are subject to the provisions of Qualified Domestic Relations Orders (QDROs) signed by the parties and entered by the Court. Said QDROs are attached hereto and made part of this Agreement. At the time of the signing of this Agreement, the pension plan administrators have not as yet divided Husband's monthly benefits pursuant to the terms of the QDROs. The parties therefore agree that it is their intention that al! payments be shared equally by the parties and that each party shall be responsible for his or her share of the taxes on said pension benefit. They shall, therefore, take all steps necessary to ensure that the QDROs are properly implemented by the plan administrators and until such time shall make equalizing payments to the other should one party or the other receive more than fifty (50%) percent of the benefit. Further, the parties agree that they shall take the steps necessary to assure that each pays his or her tax obligation on the pension benefits which he or she receives. The parties shall work with Gary Group to assure that the taxes are properly attributed to each party and paid by the responsible partY• -11- 9. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) the 2044 Toyota 4Runner shalt become the sole and exclusive property of Wife free and clear of all liens and encumbrances; (b) the 2002 Dodge Caravan, 1999 Toyota Pick-up Truck, and 1988 Toyo#a Supra shall become the sole and exclusive property of Husband free and clear of all liens and encumbrances; and (c} if not already transferred, the titles to the said motor vehicles shall be executed by the parties, if appropriate far effecting transfer as herein provided, on the date of execution of this Agreement and the said executed title shall be delivered to the proper parties on the distribution date. 10. HEALTH INSURANCE: Husband, as a result of his employment by CPU, its predecessors and successors, has health insurance coverage provided at a reduced cost. Wefe, at the time of the signing of this agreement, has health insurance coverage under Husband's policy. After the divorce decree is entered, the parties shall cooperate in taking a!I steps necessary to assure that Wife obtains health insurance coverage under COBRA for as long as she is entitled to do so. When her COBRA entitlement expires, Wife shall purchase coverage comparable to what the coverage afforded by COBRA. The parties agree to share equally in the combined cost of their health insurance coverage. By way of example, if Husband's health insurance costs $100 per month and Wife's coverage costs $300 per month, the combined cost is $400. Each party is responsible for $200 of said premiums. Under this example, Husband shall pay Wife $100 per month. Note: This example is set forth for the sole purpose of demonstrating how the equalization is to be accomplished. It does not, and is not intended to, reflect the cost of insurance coverage for either party. The equalization of premiums shall continue until Wife reaches 65 years of age and is eligible for Medicare coverage. -12- 11. REMEDY IN THE EVENT OF DEFAULT: In as much as this agreement provides for payments to be made from Husband to Wife and/or Wife to Husband, the parties. agree that in the event either party defaults on his or her obligation, the other may obtain an attachment on the defaulting parties' man#hly pension benefit payment until the obligation under this agreement is satisfied. If a Court Order is required to obtain the attachment, the defaulting party shall be responsible for ail counsel fees and costs to implement this provision. In the event, that this provision can not be implemented, the wronged party may seek court intervention to secure the payments, and the defaulting party shall be responsible for all counsel fees and costs incident thereto. The remedies set forth herein are in addition to paragraph 19 of this agreement. 12. M & T BANK ACCOUNT: As noted above, there is a home equity line of credit outstanding against the $80 Creek Road property. This line of credit is held by M & T Bank and as long as the parties have a joint account with M & T Bank they save one-quarter (.25%) percent on the interest rate on the loan. The parties shall maintain this M & T Bank joint account so that they can continue to receive the interest consideration and shalt close the account immediately upon the sale of 880 Creek Road. The parties can, as they mutually agree, use this account to satisfy joint bills incident to all of the properties addressed herein and to pay the line of credit on 880 Creek Road. 13. MAINTENANCE OF REAL ESTATE: While Wife resides in the 880 Creek Road property, she shall be responsible for all routine maintenance. With regard to the real estate that is listed for sale with Steve Barrett and with regard to the 880 Creek Road property after Wife moves from that residence, Steve Barrett or the current realtor shall manage the property taking care of routine maintenance, lawn care, etc. The cost of the maintenance shall be shared equally by the parties. 14. ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement -13- and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. 15. ALIMONY PENDENTE L1TE COUNSEL FEES AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of ail claims and demands that either may now or hereafter have against the other for alimony pendente life, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 16. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint federal and state tax returns. Bath parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income an the aforesaid joint returns. 17. WAIVERS OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including wi#hout limitation, dower, curtest', statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to cant' into effect this mutual waiver and relinquishment of all such interests, rights and claims. -14- 18. MUTUAL CONSENT DIVORCE: The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa.C.S.A. Section 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith fle such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa.C.S.A. Section 3301(c}. Upon request, to the extent permitted by law and the applicable Rules of Civil Procedure, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree ofi divorce, temporary, final or permanent, shall affect ar modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 19. BREACH- AND ENFORCEMENT: if either party breaches any provision of this 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 relief as may be available to him or her, and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 20. THIRD PARTY BENEFICIARIES: Husband and Wife agree that it is not their intention in this Agreement that any other individuals, including their minor children, be third party beneficiaries of this Agreement at this time or at any time in the future. 21. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full farce and effect to the provisions of this Agreement. -15- 22. OPPORTUNITY TO OBTAIN ADVICE OF INDEPENDENT TAX COUNSEL OR ACCOUNTANT: Both parties acknowledge and agree that they have had the opportunity to retain tax attorneys, accountants, tax advisors, or certified public accountants with reference to the tax implications of this Agreement. 23. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 24. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. sea. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution ofi marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. -16- 25. DISCLOSURE: Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all marital assets in which such party has an interest. 26. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 27. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 28. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed #o be a separate and independent covenant and agreement. 30. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. -17- 31. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shalt be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 32. AGREEMENT BIND[NG ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 33. CONSTRUCTION: No provisions of Phis Agreement shall be interpreted for or against any party because that party or that party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. a dra L. 'to squire Max J. Smith, Jr., Esq ' e Anne M. Linsenbach a {SEAL) Frank W. Linsenbach, Ili -18- COMMONWEALTH OF PENNSYLVANIA ) { SS: COUNTY OF ~ r ) On this, the ~ ~~ day of [~~~© ~~ , 2010, before me, a Notary Public, the undersigned officer, personally appeared JOANNE M. LINSENBACH, known to me {or satisfactorily proven) to be the person whose name is subscribed to the foregoing Mari#al Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ,n Notary Public r coivn~IONweALTH of PENNSYI.vANi~- NOTARIAL SEAL Gloria M Rine, Notary Public Lower Paxton Township, Dauphin Cotmty ionezpiresNovember 15, 2Q11 COMMONWEALTH OF PENNSYLVANIA ) } SS: COUNTY OF -~ $ ~--- On this, the day of C~~~ , 2010, before me, a Natary Public, the undersigned officer, personally appeared FRANK W. LINSENBACH, III, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, i hereunto se# my hand and ofl:tcial seal. 1~ Notary Public C(1MM(1NW.EALTf 1(1F PF.NNtiYI VANIA NOTARIAL St:AL DENISE L. F06TER, NOTARY PUI3LIC C{TY OF i1ARR1SBURG. DAUPHIN CL)tINTY MY COMMISSION EXPIRES MAR~'H OS, 2013 JoANN~ M. LINSENBACH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FRANKW. LINSENBACH, III, NO. 08-6808 CIVIL TERM DIVORCE DECREE AID NOW, 4 c.~obe.r 19 Z~ti~ , it is ordered and decreed that JoANN~ M. LINSENBACH, plaintiff, and FRANK 111. LINSENBACH, III, ,defendant, are divorced from the bonds o~ matrimony. Ahy existing spousal support order shall hereafter be deemed an order for alimony I~pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for whicffi a final order has not yet been entered. Those claims are as follows: (If no claims amain indicate "None.") None. By the Court, Attest: J. Prothonotary ~ ~©~ia ~~ ~~~ m~ jp~aofio ~lo~r,~c-~ z ~ Sandra L. Meilton, Esquire .W:.DALEY ZUCKER MEILTON MINER & GINGRICH 635 N. 12'h Street, Suite 101 ~~F~ (('i^ ~~~j Lemoyne, PA 17043 (717) 724-9821 r. ~ smeilton@dzmmglaw.com p4- p icyl 4, '11~;13 s:.t r~r JOANNE M. LINSENBACH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-6808 CIVIL TERM FRANK W. LINSENBACH, III, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW COMES, Petitioner/Plaintiff, JoAnne M. Linsenbach, by and through her undersigned counsel, pursuant to Section 3323(fl of the Divorce Code, to file this Petition for Special Relief. BACKGROUND OF PETITION The above-noted pariies were husband and wife, having been divorced by Decree dated October 19, 2010. The parties' jointly owned real estate located in West Pennsboro Township, Cumberland County, Pennsylvania, is currently under contract of sale. While settlement has not as yet been scheduled, it is anticipated that the real estate settlement for said real estate will be held within the next two weeks. The parties entered into a Marital Settlement Agreement dated October 5, 2010. A dispute has arisen between the parties regarding distribution of the net from the anticipated real estate sale. Plaintiff is filing the within Petition to secure the cooperation from Defendant in the establishment of an interest bearing escrow account for the deposit of the entire net proceeds until the equitable distribution of the funds can be agreed upon or resolved by Order of Court. In support thereof, the Petitioner avers as follows: 1. Petitioner, JoAnne M. Linsenbach (hereinafter "JoAnne"), is the Plaintiff is the above-referenced divorce action. 2. Respondent, Frank W. Linsenbach, III (hereinafter "Frank"), is the Defendant in the above-referenced divorce action. 3. JoAnne and Frank are divorced by Decree dated October 19, 2010, entered by the Honorable M. L. Ebert, Jr. Judges Ebert, Bayley and Hess have all entered other Orders in the parties' divorce proceedings. 4. The parties entered into a Marital Settlement Agreement dated October 5, 2010 and have also made certain agreements with regard to the distribution of their marital assets. 5. The parties own a 30 acre tract of land located in East Pennsboro Township, Cumberland County, Pennsylvania, 20 acres of which is currently under contract for sale to Hempt Brothers, Inc. 6. A dispute has arisen between Frank and JoAnne as to the distribution of the proceeds of sale. 7. JoAnne's counsel contacted Frank's counsel, Max J. Smith, Jr., on October 17, 2011 and also communicated with him verbally after said date in an attempt to resolve how the real estate proceeds will be divided between the parties. 8. As of the filing of this Petition, no resolution has been reached with regard thereto. 9. To assure that the real estate transaction proceeds as scheduled, JoAnne is requesting that the proceeds of sale be deposited in escrow until the dispute over distribution can be resolved. 10. Plaintiff's counsel contacted Max J. Smith, Jr., Defendant's counsel throughout the parties' divorce proceedings on October 25, 2011 and advised him that a Petition for Special Relief would be filed. No response has been received as of the filing of this Petition. WHEREFORE, Petitioner respectfully requests this Honorable Court grant this Petition for Special Relief and enter an Order: (a) Ordering Respondent to cooperate in the establishment of an escrow account with Centric Bank including but not limited to (1) endorsing and releasing the net proceeds check received from the sale of 20 acres of real estate to Hempt Brothers, Inc.; and (2) providing his current address and a legible photocopy of his driver's license which is necessary information required by Centric Bank when opening the escrow account. (b) Such other relief as deemed appropriate by this Honorable Court. Respectfully Submitted, DALEY ZUCKER ME[LTON MINER & GINGRICH, LLC Date: O I ~ ( ' ~S 1 J By: Sandra L. Meilton, squire, ID # 32551 635 N. 121h Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Personally appeared before me, a Notary Public in and far said Commonwealth and County, Sandra L. Meilton, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Plaintiff in the within action; that she takes this affidavit on behalf of Plaintiff as the Plaintiff is outside the jurisdiction of the Court and her verification cannot be obtained within the time required for the filing of the within pleading and that the facts set forth in the foregoing Petition for. Special Relief are true and correct to the best of her knowledge, information and belief. Sandra L. Meilton ~ Sworn to and subscribed before me this 4A day of October, 2011. r Notary Public ' W. M,`OAV V , CERTIFICATE OF SERVICE 10 ~ I, Gloria M. Rine, Paralegal, hereby certify that on this ~ day of UC- 0 2011, a true and correct copy of the foregoing Petition for Special Relief was mailed to counsel for the Defendant, by first class mail, addressed as follows: Max J. Smith, Jr., Esquire James Smith Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 Attorney for Defendant Y' J ~ \ Gloria M. Rine JOANNE M. LINSENBACH. Plaintiff V. FRANK W. LINSENBACH, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV ANIA NO. 08-6808 CIVIL TERM CIVIL ACTION - LAW NO IN DIVORCE co ORDER v.y AND NOW, this 18 day of G t-kAef 2011, it is hereby ORDERED and DECREED that the Petition for Special Relief is GRANTED. It is further ORDERED that Respondent shall cooperate in the establishment of an escrow account including but not limited to (1) endorsing and releasing the net proceeds check received from the sale of 20 acres of real estate to Hempt Brothers, Inc.; and (2) providing his current address and a legible photocopy of his driver's license which is necessary information required by Centric Bank when opening the escrow account. BY THE COURT: J J. ??pi85 ??11 DISTRIBUTION: j Sandra L. Meilton, Esquire, Daley Zucker Meilton Miner & Gingrich, 635 N. 12th Street, Suite 101. Lemoyne, PA 17043 ? Max J. Smith, Jr.. Esquire, James Smith Dietterick & Connelly LLP, P.O. Box 650, Hershey, PA 17033 F 1LE0-@ - rr"1C 70 12 JAN 10 AM 9: 3`7 Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC CUMBERLAND BOUNTY 635 N. 120' Street, Suite 101 PENNSYLVANIA Lemoyne, PA 17043 (717) 724-9821 smeiltonAdzmmglaw.com JoANNE M. LINSENBACH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. FRANK W. LINSENBACH, III, Defendant NO. 08-6808 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE STIPULATION -- THIS AGREEMENT is made this day of ?.J0"4M4 201 -Z- , by and between JoAnne M. Linsenbach, hereinafter referred to as "JoAnne" by and through her counsel, Sandra L. Meilton, Esquire, and Frank W. Linsenbach, III, hereinafter referred to as "Frank" by and through his counsel, Max J. Smith, Jr., Esquire, and stipulate and agree as follows: WHEREAS, Plaintiff is JoAnne M. Linsenbach, who formerly resided at 880 Creek Road, Carlisle, Cumberland County, Pennsylvania, having recently moved to 1326 Aegean Court, Punta Gorda, Florida 33983; WHEREAS, Defendant is Frank W. Linsenbach, III, who formerly resided at 350 Hoy Road, Carlisle, Cumberland County, Pennsylvania, having moved to 2327 SE 10th Avenue, Cape Coral, Florida 33990; WHEREAS, the Plaintiff and Defendant were formerly husband and wife having married on June 21, 1973 and divorced by Decree in Divorce to the above term and number on October 19, 2010; WHEREAS, the parties are the joint owners of real estate located at 880 Creek Road, Carlisle, Cumberland County, Pennsylvania; WHEREAS, said tract of land includes a tract of land containing 23.093 acres; WHEREAS, the said 23.093 acres is currently being rented by Hempt Bros., Inc.; WHEREAS, Hempt Bros., Inc. has entered into an agreement to purchase said 23.093 acres from the parties with said real estate settlement anticipated to be held in January, 2012; WHEREAS, JoAnne filed a Petition for Special Relief on October 26, 2011 requesting that the settlement proceeds from the Hempt Bros., Inc. sale be held in escrow; WHEREAS, the Honorable M. L. Ebert, Jr. entered an Order dated October 28, 2011 with regard to said Petition for Special Relief ordering that Frank "shall cooperate in the establishment of an escrow account including but not limited to (1) endorsing and releasing the net proceeds check received from the sale of 20 [23.093] acres of real estate to Hempt Brothers, Inc.; and (2) providing his current address and a legible photocopy of his driver's license which is necessary information required by Centric Bank when opening the escrow account." WHEREAS, the parties have reached an agreement with regard to the distribution of the Hempt Bros., Inc. real estate proceeds and have agreed that an escrow account need not be established; WHEREAS, the parties respectfully request that the October 28, 2011 Order entered by the Honorable M.E. Ebert, Jr. be vacated; WHEREAS, the parties have a home equity line of credit with M&T Bank with the Bank holding a lien against said real estate; WHEREAS, M&T Bank has agreed to release the 23.093 acre lot for the sale to Hempt Bros., Inc. with the stipulation that the parties pay down their home equity line of credit balance to $150,000 and then reduce their credit limit to $150,000 as well; WHEREAS, the parties have agreed to M&T Bank's request; WHEREAS, the parties agree that payment to M&T Bank in an amount sufficient to pay down their home equity line of credit to $150,000 should be listed as a payment on the HUD settlement sheet and disbursed on the date of settlement; WHEREAS, the parties agree that the HUD settlement should reflect a 50/50 distribution to the parties; WHEREAS, the parties agree that the proceeds of settlement shall be distributed to them in equal shares, by electronic transfer, i.e., one-half of said proceeds to Frank by electronic transfer into the parties' joint account with M&T Bank (Account No. XXX3097), and one-half of said proceeds to JoAnne by electronic transfer into JoAnne's account with M&T Bank (Account No. XXX7417); WHEREAS, it is acknowledged and agreed that, immediately after said electronic transfers noted above, JoAnne will take the steps necessary to electronically transfer an amount sufficient to transfer into JoAnne's account with M&T Bank (Account No. XXX7417) all but $5,000 from the funds transferred to Frank, thereby leaving $5,000 in the parties' joint account as Frank's share of the settlement proceeds. For example, if $36,500 is electronically transferred into the parties' joint account as Frank's share, JoAnne will immediately transfer $31,500 out of said funds, thereby leaving $5,000 in said account as Frank's share); and WHEREAS, in return for Frank's agreement to give JoAnne the additional sum from his share of the settlement proceeds as noted above, Frank will receive credit toward the amount due from him to JoAnne for his share of personal property which he retained. IN WITNESS WHEREOF, the parties, by and through their respective counsel, intending to be legally bound hereby, have hereunto set their hands and seals to this Stipulation the day and year first above written. WITNESS: Witness Dated: 1 I () Witness Sandra L. Meilton, Es uire Attorney for JoAnne M. Linsenbach Max J. Smith, Jr., Esq Attorney for Frank W. insenbach, III Dated: [--10 ( Z- JoANNE M. LINSENBACH, Plaintiff V. FRANK W. LINSENBACH, III, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 68' NO. -W-6808 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of 1Xvw , 20__a-Z__1 upon consideration of the attached Stipulation, it is hereby ORDERED that the Stipulation is incorporated herein as an Order of Court. - Co =7 ? r- T" N BY THE COURT: x?--c =C) 00 J. DISTRIBUTION: Sandra L. Meilton, Esquire, Daley Zucker Meilton Miner & Gingrich, 635 N. 12th Street, Suite 101, Lemoyne, PA 17043 ?Y Q ?rr9 c' V Max J. Smith, Jr., Esquire, James Smith Dietterick & Connelly, LLP, P.O. Box 650, Hershey, PA 17033 eop l e'.5 0'-4, tee j°/z 1,