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HomeMy WebLinkAbout08-7329 SHARON L. DUTTRY, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0. #- 73-21 CIVIL - DIVORCE RAYMOND A. DUTTRY, JR.,, Defendant NOTICE TO DEFEND 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 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 first floor in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 SHARON L. DUTTRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL - DIVORCE RAYMOND A. DUTTRY, JR., Defendant COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Sharon L. Duttry, by her attorney, John M. Kerr, Esquire, pursuant to Section 3301 of the Pennsylvania Divorce Code, and seeks to obtain a Decree in Divorce from the Defendant, Raymond A. Duttry, Jr., upon the grounds set forth: 1. The Plaintiff, Sharon L. Duttry, is an adult individual residing at 1001 Rupley Road; Apt. 206; Camp Hill, Pennsylvania 17011. 2. The Defendant, Raymond A. Duttry, Jr., is an adult individual residing at 145 Ridge Road, Etters, Pennsylvania 17319. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 13, 1974 in Carlisle, Pennsylvania. 5. Plaintiff separated from Defendant on June 13, 2008. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. The Plaintiff and Defendant are both citizens of the United States of America. 8. The Defendant is not a member of the United States Armed Forces. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT I - REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. The allegations at paragraphs 1-9 are incorporated by reference, as if fully set forth in their entirety. 11. The cause of action and section of the Divorce Code under which Plaintiff is proceeding is the marriage is irretrievably broken under 23 Pa. Const. Stat. §3301 (c). 12. Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code, following the filing of appropriate affidavits of consent after the statutory period has elapsed. COUNT II - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 13. The allegations at paragraphs 1-9 are incorporated by reference, as if fully set forth in their entirety. 14. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 15. Plaintiff requests that the Court equitably divide, distribute or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Respectfully submitted, Jo M. Kerr, Esquire Attorney I.D. # 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Dated: December 17, 2008 VERIFICATION The undersigned, Sharon Duttry, states that she is the Plaintiff in the foregoing divorce action and, as such, is authorized to execute this Verification and that any factual statements contained in the preceding "Complaint in Divorce," are true and correct to the best of her knowledge, information and belief. She understands that any false statements are subject to the penalties prescribed at 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. Sharon Duttry W W y3C" r" r a N_ rC=.?.- C:Dl ril Cl --J IU c.n o-% 1 ril ;)k rn 10 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeam@kopelaw.com Attorney for Defendant SHARON L. DUTTRY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2008-7329 RAYMOND A. DUTTRY, JR., CIVIL ACTION - LAW Defendant, IN DIVORCE PRAECIPE FOR ENTRY TO THE PROTHONOTARY: Please enter my appearance on behalf Raymond A. Duttry, Jr., Defendant, in the above-captioned divorce matter. 11 DATE -LCJLtV. BEAM, ESQUIRE 4660 Tnndle Road Suite 201 Camp Hill, PA 17011 Supreme Court ID# 91175 f' «. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 lbeam@kopelaw.com Attorney for Defendant SHARON L. DUTTRY, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2008-7329 RAYMOND A. DUTTRY, JR., CIVIL ACTION - LAW Defendant, IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esq., do hereby certify that on this 26th day of December, 2008, 1 served a true and correct copy of the foregoing Praecipe for Entry via regular U.S. First Class mail, postage prepaid, addressed as follows: John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 Lesleey4. BeAm, Esq. 1 I.D. W75 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Attorney for Defendant ??' z? Ii : . i , ,.?? ?,? i,a? ?.,4.? , i SHARON L. DUTTRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-7329 CIVIL CIVIL-DIVORCE RAYMOND A. DUTTRY, JR., Defendant AFFIDAVIT OF SERVICE Undersigned Paralegal for the Law Office of John M. Kerr, Esquire, deposes and states as follows: 1. Undersigned Paralegal, Heather S. Clouser is an employee of the Law Office of John M. Kerr, which maintains an office at 5020 Ritter Road, Suite 109, Mechanicsburg, Pennsylvania 17055. 2. On December 17, 2008, undersigned Paralegal sent by Certified Mail, Return Receipt Requested, from Mechanicsburg, Pennsylvania, No. 7007-2680-0000-2363-4127, a Complaint in Divorce in the above-captioned matter to: Raymond A. Duttry, Jr. 145 Ridge Road Etters, PA 17319 3. On December 18, 2008, at 1:36 p.m. Raymond A. Duttry, Jr. signed the receipt, No. 7007-2680-0000-2363-4127, which is appended to this Affidavit. A Tracking and Confirmation from the United States Postal Service is also appended to this Affidavit. r Respectfully submitted, Heather S. Clouser, Paralegal Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 heather@6ohnkerrlaw.com Dated: January 30,2009 Sworn and subscribed before me, a Notary Public, this 30th day of 1apl'LMry, 2009. Notary Public COMMONWEALTH OF PENNSYLVANIA L MUM Seal Nancy A. Whisker, Notary Public Contra?wp., Perry County My ComnrasNOn Feb. li', 2012 Member, Renri#anls Association of Notaries USPS - Track & Confirm Page I of 1 01 Search Results Label/Receipt Number: 7007 2680 0000 2363 4127 Status: Delivered Your item was delivered at 1:36 PM on December 18, 2008 in ETTERS, PA 17319. f 8 ii€Mt 00 Track Confirm =- Enter Label/Receipt Number. r Track & Confirm by email Get current event information or updates for your item sent to you or others by email. > Sile ARap GoMact_Us Forms Gov't Services Jobs Privacy_Policy Terms of Use National &_Premier Accounts Mill CopyrighY:?,% 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOiA r,f; T ¦ Complete items 1, 2, and I, 1o complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the. reverse so that we can return the card to you. • Attach tMs card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: ys R?d?n. R.cad- Pow s /I ? x ( Agent ? Addressee ? ( d ne) Dot of Delivery B. eceived O. ?A YMA?I.?;i V ?R! 12/ r, V6 z D. Ia?delivery address different 066 item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type AdCertHied Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7Q07 2680 0000 2363 4127 frmnsfer from service label PS Form 3811, February 2004 ^^ Domestic Return Receipt 102595-02-M-1540 http://trkcnfrm I .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 1/30/2009 +,'? ?7 cz- 4 0 SHARON L. DUTTRY, PLAINTIFF vs. RAYMOND A. DUTTRY, JR., DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-7329 : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, SHARON L. DUTTRY. Respectfully submitted, Dated: May 12, 2009 LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Susan Kay Candie , sqt PA I.D. # 64998 4010 Glenfmnan lac Mechanicsburg PA 17055 (717) 724-2278 Fli • • SH RON L. DUTTRY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-7329 civil CIVIL ACTION - DIVORCE RA M0ND A. DUTTRY, JR., Defendant I PRAECIPE TO WITHDRAW AS COUNSEL Ki dly withdraw my appearance as counsel for Sharon L. Duttry, Plaintiff with regard to the ned matter. Respectfully submitted, - -V, W- g, Joh . Kerr, Esquire Attorney I.D. # 26414 Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 Attorney Withdrawing May 13, 2009 ffi. .9 tln M. err SOW Potts Road SIfte 109 Medwi sbmg. W, 17055 Ftwm: 717.788.4008 Fnx: 717.788.4088 ro^k FILED 2069 MAY 1 F i i 1: 3 SHARON L. DUTTRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. 08 - 730 9 NO.4 9 CIVIL TERM RAYMOND A. DUTTRY, JR., Defendant : IN DIVORCE PRAECIPE FOR WITHDRAWAL OF COUNSEL TO THE PROTHONOTARY: Please enter the withdrawal of the undersigned as counsel for Plaintiff in the above-captioned matter. Date: September 2009 4010 Glenfinn lace Mechanicsburg, ennsyl is 17055 Telephone: 717-7 -1278 PRAECIPE FOR APPEARANCE OF COUNSEL TO THE PROTHONOTARY: Please enter the appearance of the undersigned on behalf of Plaintiff in the above- WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 captioned matter. Date: September _'? , 2009 Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 FILED-C) "" R"CE OF ?NE FP:C, i HON ARY 2009 SEP -3 PM 2: 16 SHARON L. DUTTRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. 73dj q NO. 08-?229-CIVIL TERM c-) RAYMOND A. DUTTRY, JR., ° f? Defendant : IN DIVORCE WIFE'S PETITION TO COMPEL DISCOVRY K' rv Corn TO THE HONORABLE, THE JUDGES OF SAID COURT: Q, -< AND NOW, comes Plaintiff SHARON L. DUTTRY by and through her attorney, I Wayne F. Shade, Esquire, and respectfully represents, as follows: 1. Petitioner SHARON L. DUTTRY (hereinafter referenced as "Wife"), is an adult individual and the Plaintiff herein who resides at 1131 Brockton Circle, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent RAYMOND A. DUTTRY, JR. (hereinafter referenced as "Husband"), is an adult individual and the Defendant herein who resides at 145 Ridge Road, Etters, York County, Pennsylvania 17319. 3. On December 18, 2008, Wife's Complaint in Divorce was served upon Husband WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 by certified United States mail, return receipt requested, postage prepaid, addressee only/personal service/acceptance of service. 4. On September 8, 2009, Wife's Interrogatories were served upon Husband. 5. The Interrogatories inquired specifically into the economic issues of the case and required responses within thirty days from the date of service. 6. Husband is 60 years of age, and Wife is 56 years of age. 7. The parties were married on July 13, 1974, and Wife left the marital residence on or about June 4, 2008. 8. Husband is in control of most of the approximately $1,400,000 of marital property, including the marital residence. 9. On October 20, 2009, Husband served his partial responses to Wife's Interrogatories. 10. On December 3, 2009, we requested, in writing, that Husband complete his WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 responses to our following Interrogatories in the following respects: -2- 2. Your disclosures regarding Husband's Commonwealth of Pennsylvania deferred compensation plan indicate that Husband has received distributions from that account in the amount of $1,200.00 per month since at least February of this year. Did he receive any distributions from that account prior to February of this year? If so, when and in what amounts? 2. We have the June 1, 2009, value of Husband's 6 month IRA in his PSECU account number 9901. Wife indicates that Husband had that IRA prior to the date of separation. Can you document the date of separation value? 4. Please provide a statement of the current value of the account into which Husband rolled his lump sum pension withdrawal in the amount of $115,197.01. 14. Please provide us with Husband's response to Wife's indication that Husband told her that he had saved $10,000 for a vacation. 16. Your complete responses to our Request for Production of Documents would provide us with the date of separation balances of the listed loans. 24. Please provide us with Husband's response to Wife's indication that Husband told her that he kept cash in the safe. 11. More than seven weeks later, Husband has not completed his responses to our inquiries in those respects, and he has given no indication that he intends to complete his responses in those respects. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- 12. With knowledge that Wife was leaving the marriage because she could no longer tolerate the conditions within the marriage, Husband walked away from his annual income of more than $75,000 per year as a state employee at 59 years of age. 13. As a result of his walking away from his job, Husband voluntarily reduced his earnings through age 65 by more than $375,000 plus the additional retirement benefits that would have accrued. 14. Our Interrogatory 36 inquires of Husband, as follows: 36. If you will be contending that your physical or mental health will have any bearing on the disposition of any aspect of this case, please state, with respect to any licensed health care provider who has provided care for any condition that will be relevant to disposition of this case, the name, address and telephone number of the provider, the particular type of practice of the provider, the date that you first consulted the provider, your symptoms or other reasons for consulting the provider, the date that you most recently consulted the provider, the medical diagnosis of your condition, the pharmaceuticals or other treatments that have been ordered and the prognosis for your condition. 15. Wife avers that Husband's earning capacity is an important, statutory factor in WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 equitable distribution of marital property. -4- 16. Although the parties have been separated for more than a year and a half, Husband's response was that information that would be responsive to our Interrogatory 36 has not been determined at this time. 17. Wife's follow-up inquiry for a substantive response to our Interrogatory 36 has been ignored. 18. On September 8, 2009, Wife also served her Request for Production of Documents upon Husband. 19. Husband has informally provided some of the documents that we have requested in our Request for Production of Documents, but Husband has never formally responded to our Request for Production of Documents. 20. Without a formal response to our Request for Production of Documents, we cannot be sure that we have all of the documents upon which Husband will be relying in the case. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- 21. When Husband had not responded to our Interrogatory 36 regarding whether or not he would be contending that his physical or mental health will have any bearing on the disposition of any aspect of this case, we issued a second Request for Production of Documents upon Husband on December 17, 2009. 22. In our second Request for Production of Documents, we requested, as follows: 20. Copies of all of your medical records from January 1, 2005, through the date of your response hereto. 21. Copies of the reports of any expert witnesses whom you intend to call at the trial of this case. 23. On December 17, 2009, we advised Husband in writing that, if he could confirm that he will not be contending that his medical condition required him to give up his substantial income at 59 years of age, there would be no need for him to respond to our request for his medical records or to further respond to our Interrogatory 36. 24. Husband has not provided any responses to our Interrogatories or our Requests for Production of Documents other than his initial, partial response to our Interrogatories. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -6- 25. Husband has not requested an extension of time to further respond to our pending discovery. 26. We need to have complete responses to our discovery before we proceed to the Divorce Master because the policy of the Divorce Master is to require us to certify that discovery is complete before he will issue a directive for pre-hearing statements and schedule the case for a pre-hearing conference. 27. Where the opposing party has not identified fact witnesses and the substance of their testimony and expert witnesses and copies of their reports, we are unable to determine whether or not we will require further discovery; and we are unable to fully develop our case. 28. For example, if Husband were to indicate to the Master that there are medical reasons that are factors for alimony and equitable distribution, we may want to have the medical records reviewed and an examination conducted by our own physician. WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -7- 29. We may then want to request an examination of Husband by our physician after we have received complete responses to our discovery, and we may also need to then take Husband's deposition. 30. We are unable to make those determinations without complete responses to our reasonable discovery prior to proceeding to the Divorce Master. 31. Wife avers that complete responses to our written discovery are absolutely essential to our advancement of her economic claims. 32. Wife has sought the concurrence of counsel for Husband with this Petition, and counsel does not concur. WHEREFORE, Wife requests that your Honorable Court issue a Rule upon Husband to show cause why this Petition to Compel Discovery should not be granted and Husband be ordered to file his Answers to Wife's written discovery within ten days from the date of service hereof or suffer sanctions. Respectfully submitted, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Wayne . Shade, Esquire Attorney for Wife -R- Wayne F. Shade, Esquire, states that he is the attorney for the party or parties filing the foregoing document; that he makes this verification based upon facts which are within his personal knowledge, information or belief and that any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: January 22, 2010 r Wayn . Shade`, Esquire WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 s JAN 2 5 20106, SHARON L. DUTTRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. -7 YJ q NO. 08-e29 CIVIL TERM RAYMOND A. DUTTRY, JR., Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of , 2010, upon consideration of the within Petition, it is hereby ordered, as follows: (1) A Rule is issued upon Husband to show cause why this Petition to Compel Discovery should not be granted and Husband be ordered to file his Answers to Wife's written discovery or suffer sanctions; (2) Husband shall file an Answer to the Petition within /5' days of the date of service of this Order; and (3) Argument shall be held thereon on 1j,'" o9f 1 , , 2010, at o'clock iP M. in Courtroom No. 5 , - 3: 06 Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court, WAYNE F. SHADE Attorney at Law 61 53 West Pomfret Street Carlisle, Pennsylvania 17013 Wayne F. Shade, Esquire Attorney for Plaintiff-Wife Lesley J. Beam, Esquire Kope & Associates, LLC n Attorneys for Defendant-Husband (3n p E.S /YL? I ?? ?/? Z1rv &CL ==j E2 c_ -T-a M1 iC RLE[JD--)ffioE raFr ri i! iioti )TAPY 2010 FES 12 Pi °1 1: 3:4 LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 lbeam@kopelaw.com ,.,,-`Y Attorney for Defendant SHARON L. DUTTRY, Plaintiff, vs. RAYMOND A. DUTTRY, JR., Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-7329 CIVIL ACTION - LAW IN DIVORCE ANSWER AND NEW MATTER TO WIFE'S PETITION TO COMPEL DISCOVERY ANSWER 1. Admitted that Petitioner is Sharon Duttry. Respondent is unable to confirm or deny whether Plaintiff resides at 1131 Brockton Circle, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted that the Interrogatories inquired specifically into economic issues of the case, but denied that the Interrogatories only inquired into economic issues of the case, in the event that economic issues is meant to indicate the values of assets, debts, and/or income of the parties. 6. Admitted. 7. Admitted. 8. Denied. It is believed that the value of the marital estate is approximately $1.3 million dollars, although the exact value of the marital estate has not been determined by the Divorce Master or in another court of law. It is denied that Husband is in control of "most" of the property, although it is believed that more than half of the estate is in Husband's name. 9. Denied. Husband submitted full responses to Wife's Interrogatories, a copy of which is attached to this Answer. 10. It is admitted that a letter was sent to counsel for Husband with these questions; it is denied that this letter requested completion to the responses provided. To the contrary, the responses provided were complete. 11. It is admitted that no answers have yet been provided to the questions in the letter from December 3, 2009. It is denied that Husband has, at the time of the filing of this Answer, given no indication that he intends to answer the questions. It is denied again, that the Interrogatories were not answered in completion. 12. Denied. It is denied that Husband left his job with knowledge that Wife was leaving the marriage. It is denied that Husband "walked away from his annual income." To the contrary, when Husband became aware that Wife was unhappy with their relationship, and his multiple hours of commute to this job were putting a strain on their marriage, Husband retired from his job in an effort to try and save his marriage, and reduce the stress that was impacting him so profoundly. Husband retired from his job before Wife filed for divorce. 13. Denied. It is denied that Husband "walked away" from his job. It is denied that Husband would have accrued such earnings or such benefits. Strict proof of such is demanded. 14. Admitted. 15. Husband is unable to admit or deny what Wife avers. 16. Admitted. 17. Denied as to the characterization of the averment. Husband is without the ability at this time to respond more substantively. Husband is aware that he is under an ongoing obligation to supplement his answers as more information becomes known. 18. Admitted. 19. Denied. Husband provided all documentation requested in this Request. It is unknown what is meant by "formally responded." A Request was sent, and all information in Husband's possession, custody or control was provided. 20. Husband is unable to admit or deny this averment. 21. Denied as to the characterization, but admitted that a second Request for Production of Documents was sent to counsel for Husband. 22. Admitted. 23. Admitted. 24. Husband is unable to submit copies of all of his medical records as requested in Request #20, nor of copies of the reports of expert witnesses as requested in Request #21, other than the appraisal on the residence which had already been provided to Plaintiffs prior counsel and again to Plaintiff's current counsel, as no medical records or copies of reports other than the appraisal are in the possession, custody or control of Husband. Husband is aware that he is under an ongoing obligation to supplement his answers should he come into possession of this documentation. The documentation is expected to be received after February 24, 2010 and will be forwarded to Plaintiff upon receipt. 25. It is denied that Husband's response to the Interrogatories was incomplete. In the event that Wife demanded immediate answers to her additional inquiries, she was and is free to draft additional Interrogatories. It is denied that Husband has not provided all documentation in his possession, custody or control to Wife that has been requested by both the First and Second Request for Production of Documents. 26. Admitted. None was necessary. 27. Respondent has provided complete responses. Respondent is unable to admit or deny the remainder of this averment. 28. Respondent has provided complete responses. Respondent is neither able to confirm or deny the remainder of the averment. 29. Respondent is unable to admit or deny an averment which states an "example." 30. Respondent is unable to admit or deny what Petitioner may want to do. Respondent has provided complete responses to the discovery as far as he is able at this time. 31. See Answers to Averments #27, 28, and 30. 32. While Respondent does not concur, Wife has not sought the concurrence of undersigned counsel for concurrence in his Petition. NEW MATTER 33. The prior paragraphs of this Answer and New Matter are incorporated by reference as though fully set forth herein. 34. Question #2 of the Interrogatories asked Respondent to "[p]lease identify any retirement accounts or other tax-deferred employee or self-employed accounts in which you have had an interest during the marriage." Respondent identified all six accounts in which he had an interest during the marriage. 35. Petitioner then asked two questions through a letter to counsel, not a subsequent Interrogatory in regards to that Interrogatory, (1) whether Husband received distributions from one of the accounts prior to February of this year, and if so, when and what amounts, and (2) can you document the date of separation value?. Neither of these questions were part of the Interrogatories as drafted by counsel for Petitioner, who merely asked Respondent to identify the accounts. Respondent identified the accounts. 36. Asking "follow-up questions" in an informal letter to counsel for Respondent does not bind a party to an action to providing "follow-up answers" within 30 days. 37. Question #4 asked Respondent: "if your retirement is in pay status, please state the date that you first became employed with the employer, the effective date of your retirement, the retirement option that you selected, and the dates of receipt and amounts of any lump sum pension withdrawals." Respondent answered the following: "Date employed: On or about October 17, 1977; Date Retired: August 9, 2008; Retirement Option One; Lump Sum Transfer to IRA on September 24, 2008 in the amount of $115,197.01; Lump sum Withdrawal on September 24, 2008 in the amount of $8,741.63." Clearly all four subparts of this Interrogatory were answered. 38. Petitioner then asked a question through a letter to counsel, not a subsequent Interrogatory in regards to that Interrogatory - "Please provide a statement of the current value of the account into which Husband rolled his lump sum pension withdrawal in the amount of $115,197.01." Again, the Interrogatory did not ask for this information; this question was for information outside of the Interrogatory, i.e., a "follow- up question." 39. Asking "follow-up questions" in an informal letter to counsel for Respondent does not bind a party to an action to providing "follow-up answers" within 30 days. 40. Question #14 of the Interrogatories asked Respondent: "Please identify any cash, checks or other written instruments of a value in excess of $5,000 that, from three years prior to the date of separation to the date of your Answers to these interrogatories, you have had in your possession or to which you have had access and which are not otherwise disclosed in response to any other Interrogatory or Request for Production of Documents herein." Respondent answered "None." 41. Petitioner then asked a question through a letter to counsel, not a subsequent Interrogatory in regards to that Interrogatory: "Please provide us with Husband's response to Wife's indication that Husband told her that he had saved $10,000 for a vacation." While this question seems to indicate that Wife doesn't believe Husband's answer, Petitioner has no grounds to state that the Interrogatories were not answered fully. Husband answered the question provided to him, and verified the answer. 42. Again, asking "follow-up questions" in an informal letter to counsel for Respondent does not bind a party to an action to providing "follow-up answers" within 30 days. 43. Question #16 of the Interrogatories asked Respondent: "Please identify any individual or commercial debt obligations, including, without limitation, automobile leases and credit card accounts to which you have been a party from three years prior to the date of separation, to the date of your Answers to these interrogatories." Respondent provided the following debt information: "PSECU #0163380058; 2004 Aveo Loan; 2002 Corvette Loan; Home Equity Line of Credit; Personal Line of Credit; Chase Visa #8413; PSECU Visa #3128; Shell CC #9001; Value City Furniture #9568; BP CC #0390; ExxonMobil CC #9291; Lowes CC #5781." Thus, Respondent identified the twelve debt obligations he had from three years prior the date of separation, to the date of his Answers. 44. Petitioner then stated through a letter to counsel, not a subsequent Interrogatory, in regards to that Interrogatory, "your complete responses to our Request for Production of Documents would provide us with the date of separation balances of the listed loans." This is not even a question, nor did Petitioner request the date of separation balances of the listed loans in his Interrogatory. It is evident that Respondent did answer the question completely. 45. Question #24 of the Interrogatories asked Respondent: "As to any such safes, lock boxes or safe deposit boxes, please identify the names, addresses and family relationships to you, if any, of all owners, the date that you first acquired an interest in the safe, lock box or safe deposit box or its contents and all of the contents thereof from the three years prior to the date of separation to the date of your Answers to interrogatories." Respondent provided the following answer: "Sharon Duttry - spouse; Acquired on or about 1995; Contents: property deed, first mortgage satisfaction, professional licenses, marriage license, divorce decree, bankruptcy documents, vehicles titles, insurance policies (home, vehicle, and life), financial statements, social security statements, retirement plan statements, birth certificates, will, advance medical directives, power of attorney, previous home equity loan satisfactions, ledgers from April 1978 through July 2006, losing PA lottery tickets." 46. Petitioner then stated through a letter to counsel, not a subsequent Interrogatory, in regards to that Interrogatory, "Please provide us with Husband's response to Wife's indication that Husband told her that he kept cash in the safe." Again, while this question seems to indicate that Wife doesn't believe Husband's answer, Petitioner has no grounds to state that the Interrogatories were not answered fully. Husband answered the question provided to him, and verified the answer. 47. Again, asking "follow-up questions" in an informal letter to counsel for Respondent does not bind a party to an action to providing "follow-up answers" within 30 days. 48. With the exception of being unable to aver affirmatively at this point what Husband's strategy and/or position will be with regards to his decision to retire early, Husband has answered every question asked through Interrogatory and provided every document in his custody, control, or possession that has been requested, and as such, has complied with the discovery. WHEREFORE, as Husband has provided answers to all of the questions posed to him through Interrogatories, and provided copies of all documentation in his custody, control, or possession that has been requested at this time, we respectfully request that the Court deny Petitioner's Petition to Compel Discovery, and direct counsel for Petitioner to submit a second Set of Interrogatories with the specific questions that are deemed still outstanding. Submitted, sley J. B M, Esquire 95 oh s Church Road Suite 1 Camp Hill, PA 17011 717-761-7573 VERIFICATION I, Raymond Duttry, the DefendantlRespondent in this matter, have read the foregoing Answer and New Matter to Plaintiff's Petition to Compel Discovery. I verify that my averments in this Answer and New Matter are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsifications to authorities. Dated: J0? - a / () aymond Duff N--._..--,----- _.-. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 !beam@kopelaw.com SHARON L. DUTTRY, Plaintiff, vs. RAYMOND A. DUTTRY, JR., Defendant, Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-7329 CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S OBJECTIONS AND ANSWERS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES Pursuant to Rules 4006 and 4009, as amended, of the Pennsylvania Rules of Civil Procedure, Plaintiff responds as follows to the Interrogatories of the Plaintiff in the above-captioned action. DEFINITIONS AND GENERAL OBJECTIONS 1. Defendant has based these responses on the assumption that Plaintiff, in propounding its discovery requests, did not intend to seek information protected against discovery by the attorney-client privilege; the attorney work product doctrine; or information that contained the impressions, conclusions, opinions, legal research, or theories of attorneys' for Defendant. To the extent that Plaintiffs requests are intended to elicit such information, Defendant objects and asserts the privilege and protection provided by such documents to the fullest extent permitted by law. 2. Defendant has based these responses on the assumption that the Plaintiff, in propounding its discovery requests, does not intend to seek information which is irrelevant to this litigation and subject matter and/or time period, and does not seek information not reasonably calculated to lead to the discovery of admissible evidence. To the extent that Plaintiffs requests are intended to elicit such information, Defendant objects to such requests. 3. Defendant has based answers on the assumption that Plaintiff, in propounding its discovery requests, did not intend to seek information, the disclosure of which would violate rights of privacy and judicially recognized protections and privileges; or information which would result in disclosure of confidential information, trade secrets, proprietary information, discussions or conduct engaged in for settlement purposes; or information subject to court order restricting dissemination. To the extent that Plaintiff's requests are intended to elicit such information, Defendant objects and asserts the foregoing privileges and protections to the fullest extent provided by law. 4. Defendant further objects to requests seeking information as irrelevant, overly broad, unduly burdensome and not calculated to lead to the discovery of admissible evidence. 5. Defendant has responded in accordance with the Pennsylvania Rules of Civil Procedure and Defendant objects to the Plaintiffs definitions, to the extent the definitions expand the requirements of the Pennsylvania Rules of Civil Procedure. 6. Defendant objects to definition of :Documentation" on the grounds that it is vague and ambiguous and overly broad and documents in my attorney's possession are covered by the attorney-client privilege and attorney's work-product doctrine. Defendant will answer these Interrogatories based only upon information and documentation possessed by him and that is not privileged. 8. Defendant has not completed either his discovery or his preparation for the trial of this matter. Accordingly, these responses are made without prejudice to its right to present additional facts or contentions at trial based upon information hereinafter obtained or evaluated. Defendant specifically reserves the right to supplement or amend its responses or present additional facts and contentions at a later date. 9. Defendant has responded to Plaintiffs Interrogatories to the extent it does not object thereto, in accordance with relevant provisions of law and according to its understanding of the fair and reasonable meaning of the Interrogatories. ANSWERS 1. With respect to your separation for the purposes of §3301(d)(1) of the Divorce Code of Pennsylvania, please state whether or not you agree that the date of separation was on or about June 6, 2008, and if not, please state, when you separated and the reasons why you indicate that date as the date of separation. ANSWER: The correct date of separation is June 4, 2008. 2. Please identify any retirement accounts or other tax-deferred employee or self- employed accounts in which you have had an interest during the marriage. ANSWER: COP State Employees; Retirement System - Raymond (163380058), Sharon (179449892) COP Deferred Compensation Program/Great West Retirement Services - #98978- 01 Vanguard Group - #091585 Fidelity Investments - ENV#40022515 40 58940 73116 E PSECU 12 month IRA certificate PSECU 6 month IRA certificate 3. Please indicate if you are vested in such retirement accounts or other tax- deferred employee or self employed accounts and, if not, the requirements which remain to be satisfied for your vesting. ANSWER: Vested in COP SERS 4. If your retirement is in pay status, please state the date that you first became employed with the employer, the effective date of your retirement, the retirement option that you selected, and the dates of receipt and amounts of any lump sum pension withdrawals. ANSWER: Date employed: On or about October 17, 1977 Date Retired: August 9, 2008 Retirement Option One Lump Sum Transfer to IRA on September 24, 2008 in the amount of $115,197.01 Lump sum Withdrawal on September 24, 2008 in the amount of $8,741.63 5. If your retirement is in pay status, and if you used any accrued sick leave or personal days after June 6, 2009, please state the number of days that you used, the monetary value of each day, and how that monetary value was determined. ANSWER: 43 Days - $290.80/day - $36.35/hour 6. If your retirement is in pay status, and if you received payment for unused sick leave or personal days after June 6, 2009, please state the number of unused days for which you were paid, the monetary value of each day, and how that monetary value was determined. ANSWER: 130 Days - $290.801day - $36.35/hour 7. If, from three years prior to the date of separation to the date of your Answers to these Interrogatories, you have been self=employed or employed as an independent contractor, please state the names and addresses of all persons for whom you did work, the average number of times per year that you would have done work for each person, the average number of hours that you would have worked for each person on each date and the average amount of compensation that you would have received from each person on each date. ANSWER: This interrogatory is not applicable. 8. Please identify any accounts in any financial institutions, other than stock brokerage firms or mutual funds or the like, which have held funds in which you have or had a legal or equitable interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, including accounts on which your name did not appear but in which you or anyone else deposited any funds for your benefit. ANSWER: PSECU #0163380058 PSECU #0179449892 PSECU #9901838822 PSECU #8930426831 9. Please identify any stock brokerage firms, mutual funds, deferred compensation plans or the like, which have held funds in which you have or had a legal or equitable interest from three years prior to the date of separation to the date of your Answers to these Interrogatories, including accounts on which your name did not appear but in which you or anyone else deposited any funds for your benefit. ANSWER: COP Deferred Compensation Program/Great West Retirement Services #98978-01 E-Trade Financial #5730-5071 10. Please identify any types of investment securities, including, but not limited to, stocks, bonds, futures, commodities contracts, mutual funds, stock funds, money market funds, municipal bond funds, gold funds and real estate investment trusts in which you have or have had a legal or equitable interest from three years prior to the date of separation to the date of your Answers to these interrogatories. ANSWER: See answer to Interrogatory #9 11. Please identify any of the aforesaid investment securities that you sold, pledged or otherwise transferred or encumbered from three years prior to the date of separation, to the date of your Answers to these interrogatories. ANSWER: None. 12. Please identify any notes, mortgages, certificates of deposit or other similar investments in which you have had an ownership interest from three years prior to the date of separation to the date of your Answers to these interrogatories. ANSWER: PSECU Roth IRA #1063380058 13. Please identify any bonds, mortgages or other evidences of indebtedness that you sold, pledged or otherwise transferred or encumbered from three years prior to the date of separation to the date of your Answers to these interrogatories. ANSWER: PSECU Roth IRA #0163380058 14. Please identify any cash, checks or other written instruments of a value in excess of $5,000 that, from three years prior to the date of separation to the date of your Answers to these interrogatories, you have had in your possession or to which you have had access and which are not otherwise disclosed in response to any other Interrogatory or Request for Production of Documents herein. ANSWER: None 15. As to any gambling winnings or losses of more than $500 from three years prior to the date of separation to the date of your Answers to these interrogatories, please state the form of gambling and the dates and amounts of each win or loss. ANSWER: PA Lottery - March 14, 2008 - $1,010.00 16. Please identify any individual or commercial debt obligations, including, without limitation, automobile leases and credit card accounts to which you have been a party from three years prior to the date of separation, to the date of your Answers to these interrogatories. ANSWER: PSECU #0163380058 2004 Aveo Loan 2002 Corvette Loan Home Equity Line of Credit Personal Line of Credit Chase Visa #8413 PSECU Visa #3128 Shell CC #9001 Value City Furniture #9568 BP CC #0390 ExxonMobil CC #9291 Lowes CC #5781 17. Please state the dates and amounts of any payments that you have made on the PSECU home improvement loan since the date of separation. ANSWER: 6-16-08 $59.97 7-16-08 $59.33 8-16-08 $59.33 9-16-08 $105.56 10-16-08 $105.56 11-16-08 $105.56 12-16-08 $105.56 1-16-09 $100.82 2-16-09 $176.51 3-16-09 $170.30 4-16-09 $170.30 5-16-09 $185.66 6-16-09 $185.66 7-16-09 $185.66 8-16-09 $185.66 9-16-09 $185.66 18. Please identify each parcel of real estate in which you have had a legal or equitable interest from three years prior to the date of separation to the date of your Answers to interrogatories, including properties held jointly with your spouse. ANSWER: 145 Ridge Road, Etters, PA 17319 Parcel ID# 39-000-11-0013-00-00000 19. If any of the real estate, in which you have had an interest from three years prior to the date of separation to the date of your Answers to these interrogatories, is income producing, please state, the names, addresses and family relationships to you, if any, of all persons or entities paying income, the provisions of any written or oral leases or other agreements for the payments of such income and the dates and provisions of any modifications to any such leases or other agreements within the past three years. ANSWER: None 20. With respect to any interest in real estate which you have transferred from three years prior to the date of separation to the date of your Answers to these interrogatories, please state, the address of the property, the date of transfer, the names, addresses and family relationships to you, if any, of the transferees, the extent of interest transferred, the consideration received for the transfer and the amounts of any encumbrances paid in connection with the transfer and the disposition of the proceeds of the transfer. ANSWER: None 21. With the exception of your 2004 Chevrolet Aveo, 2002 Chevrolet Corvette, and 1989 Ford Ranger pick-up, please identify any airplanes, boats, motorcycles, snow mobiles, jet skis, all terrain vehicles, campers, trailers or other vehicles which you have owned in your own name or with others other than your spouse from three years prior to the date of separation to the date of your Answers to these interrogatories. ANSWER: None 22. If any of the aforesaid vehicles have been sold, please state the date of the sale, the names, addresses and family relationships to you, if any, of the purchasers, the consideration received for the sale and the amounts of any encumbrances paid in connection with the sale and the disposition of the proceeds of the sale. ANSWER: None have been sold. 23. Please identify all safes, lock boxes or safe deposit boxes which have held property in which you have had an interest from three years prior to the date of separation to the date of your Answers to these interrogatories, including safes or safe deposit boxes that are not in banks and including safe deposit boxes on which your name did not appear but in which you or anyone else deposited any assets for your benefit. ANSWER: Home safe at 145 ridge Road, Etters, PA 17319 24. As to any such safes, lock boxes or safe deposit boxes, please identify the names, addresses and family relationships to you, if any, of all owners, the date that you first acquired an interest in the safe, lock box or safe deposit box or its contents and all of the contents thereof from the three years prior to the date of separation to the date of your Answers to interrogatories. ANSWER: Sharon Duttry - spouse Acquired on or about 1995 Contents: property deed, first mortgage satisfaction, professional licenses, marriage license, divorce decree, bankruptcy documents, vehicles titles, insurance policies (home, vehicle, and life), financial statements, social security statements, retirement plan statements, birth certificates, will, advance medical directives, power of attorney, previous home equity loan satisfactions, ledgers from April 1978 through July 2006, losing PA lottery tickets 25. State the maximum amounts of cash or checks that you have had in your possession since the date of separation, when you had those amounts of cash or checks, and what was done with those amounts of cash or checks. ANSWER: Starting 2-9-09, monthly disbursement check for $960.00 from Great West was deposited in PSECU #9901838822. $500.00 cash on any given day was used toward personal misc. expenses, housecleaning services, groceries, gifts for children and grandson, property maintenance and improvements. 26. Except as otherwise stated in response to previous interrogatories and except as to items owned jointly with your spouse, please identify any single items of property with an original purchase price or other fair market value in excess of $1,000 in which you have or have had any interest, regardless whether the property is in your possession or the possession of another, from the three years prior to the date of separation to the date of your Answers to these interrogatories, including, but not limited to, household furnishings, personal effects, jewelry, guns, antiques, collections and all other tangible and intangible types of personal property. ANSWER: None 27. As to all life insurance policies on your life or in which you have had an interest, as a beneficiary or otherwise, from three years prior to the date of separation to the date of your Answers to these interrogatories, as owner, insured, beneficiary or otherwise, please state the names, addresses and telephone numbers of the agent and the insurer, the names and addresses and family relationships to you, if any, of persons insured, the type of policy as among term, whole life, universal life or the like, the policy number, the policy owner, the face amount of the policy, the names, addresses and family relationships to you, if any, of beneficiaries and the cash surrender value at the date of separation, if any. ANSWER: Mass Mutual Financial Group of Central PA 100 Corporate Center Drive, Suite 201 Camp Hill, PA 717-763-7365 Purchased 6-17-1983 from Byerly Insurance Agents in Lemoyne, PA Insured Daughter, Rayna M. Duttry - Camp Hill, PA 17011 2009 value - $635.05 2008 value - $596.10 Face value - $5,000 Permanent Life Policy - #4201793 Owner and beneficiary Raymond Duttry Insured Daughter, Dyana J. Gaines - Camp Hill, PA 2009 value - $582.90 2008 value - $547.10 Face Value - $5,000 Permanent Life Policy #4201794 Owner and Beneficiary - Raymond Duttry Insured Spouse - New Cumberland No cash value Face value $55,000 Renewable term life policy - #4201795 Owner - Sharon Duttry Beneficiary - Raymond Duttry 28. As to any donations or other gifts which you have made to any charities or other recipients in excess of $500 to any single recipient per year from three years prior to date of separation to the date of your Answers to these interrogatories, please state the date of the donation or other gift, the name and address of the recipient, the amount, the purpose, whether or not income tax deductible, to the extent not income tax deductible, the reason therefor and the specific accounts or other sources from which the funds for the donations or other gifts were derived. ANSWER: None 29. With respect to any inheritance or gifts of a value in excess of $1,000 per inheritance or gift which you have received during the marriage from anyone other than your present spouse, please state the names of the decedents or donors, the dates and amounts received, the dates and amounts of deposit or registration of any such inheritances or gifts in joint names with your present spouse and the dates and amounts of withdrawal or transfer of any such inheritance or gifts from joint names with your present spouse. ANSWER: None 30. If you have reason to expect that you will receive a gift or inheritance within the next two years of a value in excess of $1,000, please state the name, address and age of the expected benefactor, a description of the gift or inheritance and the approximate value of the expected gift. ANSWER: None known 31. Except as previously answered in response to these interrogatories, please identify any assets which you have received either before or during marital cohabitation and which you contend are not marital property; and please state from whom you received each, the dates that you received each, the reasons why you say that they are not marital property, the values of each when you received them, the bases for your values of each when you received them, the current values of each, the bases for your current values of each and the present whereabouts of each. ANSWER: None 32. As to any claim or causes of action that you have against any third parties, please state the names and addresses of the parties against whom you have such claims, the values of such claims, the bases for your values of such claims, whether or not such claims accrued after the marriage and prior to the date of final separation, if not, the reasons you contend that they did not and the status of such claims as to the efforts to enforce them and whether or not they have been paid. ANSWER: None 33. Please state the names, addresses and telephone numbers of all persons whom you may call as non-expert witnesses at any hearings in this matter and the substance of the testimony of each. ANSWER: Lay witnesses who may be called to testify are not known at this time. Defendant reserves the right to call lay witnesses upon proper notification to the Plaintiff when they become known. 34. With the exception of your appraisal of the marital residence, please list the name, address and telephone number of each person you expect to call as an expert witness at any hearings in this matter and state the subject matter on which each person is expected to testify, the substance of the facts and opinions to which each expert witness is expected to testify and the grounds for each opinion or in lieu thereof, please attach copies of reports, personally signed by your experts. ANSWER: Expert witnesses who may be called to testify are not known at this time. Defendant reserves the right to call expert witnesses upon proper notification to the Plaintiff when they become known. 35. Please attach, to our Request for Productions of Documents, copies of any and all writings or other documents in your possession or to which you have access which support your answers to these interrogatories. ANSWER: Please see attached exhibits. 36. If you will be contending that your physical or mental health will have any bearing on the disposition of any aspect of this case, please state, with respect to any licensed health care provider who has provided care for any condition that will be relevant to disposition of this case, the name, address and telephone number of the provider, the particular type of practice of the provider, the date that you first consulted the provider, your symptoms or other reasons for consulting the provider, the date that you most recently consulted the provider, the medical diagnosis of your condition, the pharmaceuticals or other treatments that have been ordered and the prognosis for your condition. ANSWER: This information has not been determined at this time. In the event that Defendant intends to introduce evidence of this kind to support his claim for equitable distribution the name, address and other information of the expert will be supplied pursuant to the PA Rules of Civil Procedure. 37. As to any of the aforesaid Interrogatories that you did not understand, please state, the number of the Interrogatory and what it was about the Interrogatory that you did not understand. ANSWER: None Submitted, r? ley E[eam, Esquire St /johns Church Road Suite 101 Camp Hill, PA 17011 717-761-7573 LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 KOPE & ASSOCIATES, LLC 395 St. Johns Church Road, Suite 101 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com SHARON L. DUTTRY, Plaintiff, vs. RAYMOND A. DUTTRY, JR., Defendant, Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-7329 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Julie A. Wehnert, Esq., do hereby certify that on this 12th day of February, 2010, 1 served a true and correct copy of the foregoing Answer and New Matter to Wife's Petition to Compel Discovery via regular U.S. First Class mail, postage prepaid, addressed as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 -11 V U, ie A. Wehnert, Esq. . 309700 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Attorney for Defendant SHARON L. DUTTRY, PLAINTIFF V. RAYMOND A. DUTTRY, JR., DEFENDANT AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 08-7329 CIVIL TERM ORDER OF COURT `/? day of February, 2010, the parties having reached a resolution regarding plaintiff's petition to compel discovery, for which argument was scheduled at this time, IT IS ORDERED AS FOLLOWS: (1) Within thirty (30) days of this order defendant will identify any witness he intends to call as an expert in this case, and within the same timeframe, he will request expert reports from those expert witnesses. (2) Defendant will share a complete copy of Exhibit C in response to plaintiffs first request for documents. By the Court, Albert H. Masland, J. -"Wayne F. Shade, Esquire For Plaintiff sley J. Beam, Esquire c- For Defendant `' :sal NJ -?, r11 C ?r Co I1C S rn? f l?C ? 'r?, ;f co SHARON L. DUTTRY, Plaintiff V. RAYMOND A. DUTTRY, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW 73.29 NO.08 :1229' CIVIL TERM : IN DIVORCE WIFE'S PETITION TO COMPEL DISCOVERY AND FOR SPECIAL RELIEF TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff SHARON L. DUTTRY by and through her attorney, Wayne F. Shade, Esquire, and respectfully represents, as follows: PETITION TO COMPEL DISCOVERY 1. Petitioner SHARON L. DUTTRY (hereinafter referenced as "Wife"), is an adult individual and the Plaintiff herein who resides at 1131 Brockton Circle, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent RAYMOND A. DUTTRY, JR. (hereinafter referenced as "Husband"), is an adult individual and the Defendant herein who resides at 145 Ridge Road, Etters, York County, Pennsylvania 17319. WAYNE F. SHADE Attorney at Law ?- 7 r 53 West Pomfret Street -n ? Carlisle, Pennsylvania _ C: 17013 c.r- `"? 3. On December 18, 2008, Wife's Complaint in Divorce was served upon Husband by certified United States mail, return receipt requested, postage prepaid, addressee only/personal service/acceptance of service. 4. Husband is 61 years of age, and Wife is 56 years of age. 5. The parties were married on July 13, 1974, and Wife left the marital residence on or about June 4, 2008. 6. With knowledge that Wife was leaving the marriage because she could no longer tolerate the conditions within the marriage, Husband immediately walked away from his annual income of more than $75,000 per year as a state employee at 59 years of age. 7. As a result of his walking away from his job, Husband voluntarily reduced his earnings through age 65 by more than $375,000 plus the additional retirement benefits that would have accrued. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- 8. On December 17, 2009, Wife issued upon Husband her Second Request for Production of Documents which required responses withing thirty days. 9. In our second Request for Production of Documents, we requested, as follows: 20. Copies of all of your medical records from January 1, 2005, through the date of your response hereto. 21. Copies of the reports of any expert witnesses whom you intend to call at the trial of this case. 10. On May 26, 2010, Husband disclosed an expert report of his treating physician. 11. The report of Husband's treating physician expresses the opinion that Husband retired early because his work and marital problems increased his anxiety and depression. 12. Husband's response to the request for his medical records was that he could not produce them because they were not within his custody or control. 13. Wife avers that it is absurd for Husband to suggest that he does not have access to WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 his own medical records. -3- 14. Wife avers that Husband's earning capacity is an important, statutory factor in equitable distribution of marital property. 15. Without Husband's medical records, we cannot arrange for our experts to examine and evaluate Husband's employability or prepare to take Husband's deposition on the issue of his employability. 16. In spite of repeated requests for Husband's medical records, he has refused to disclose them for more than six months since they were requested. 17. On February 23, 2010, Wife issued upon Husband her Second Set of Interrogatories which required responses withing thirty days. 18. In our Second Set of Interrogatories, we requested, as follows: 38. Your informal disclosures regarding Husband's Commonwealth of Pennsylvania deferred compensation plan indicate that Husband has received distributions from that account in the amount of $1,200.00 per month since at least February of 2009. Did he receive any distributions from that account prior to February of 2009? If so, when and in what amounts, and why does your response to our Request for Production of Documents indicate distributions in only June through September of 2009? WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- 39. Please state the June 4, 2008, value of Husband's 6 month IRA in his PSECU account # 9901. 40. Please provide a statement of the current value of the account into which Husband rolled his lump sum pension withdrawal in the amount of $115,197.01. 41. Please provide us with Husband's response to Wife's indication that Husband told her that he had saved $10,000 for a vacation. 42. Please state the June 4, 2008, balances of the following loan accounts: PSECU # 0163380058, AVEO loan, Corvette loan, home equity line of credit, personal line of credit, Chase Visa # 8413, PSECU Visa # 3128, Shell # 9001, Value City Furniture # 9568, BP # 0390, Exxon Mobil # 9291, and Lowe's # 5781. 43. Please provide us with Husband's response to Wife's indication that Husband told her that he kept cash in the safe. 19. Husband has ignored our repeated requests for responses to our Second Set of Interrogatories. 20. Husband has not requested an extension of time to further respond to our pending discovery. 21. Wife avers that complete responses to our written discovery are absolutely essential to our advancement of her economic claims. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- 22. We need to have complete responses to our discovery before we proceed to the Divorce Master because the policy of the Divorce Master is to require us to certify that discovery is complete before he will issue a directive for pre-hearing statements and schedule the case for a pre-hearing conference. PETITION FOR SPECIAL RELIEF 23. Husband is in control of most of the approximately $1,400,000 of marital property, including the marital residence. 24. Among the marital assets under Husband's control is a lump sum pension distribution in the amount of more than $115,000 that he took at the time of his retirement. 25. With her other debt obligations, Wife has been unable to afford to pay her counsel fees which are now in excess of $10,000. 26. Wife has no funds for counsel fees going forward or for expert witness fees. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -6- 27. The 2005 Amendments to § 3502(f) of the Divorce Code authorize your Honorable Court to make partial distributions of marital assets at any stage of the divorce proceedings to enable the financially dependent spouse to sustain herself throughout the litigation and not be forced to settle because of economic disadvantage. 28. On June 22, 2010, we made written request upon counsel for Husband for an interim distribution to Wife of $50,000 under circumstances where Husband has been in control of almost all of the marital property for the more than two years since the date of separation. 29. We requested a response within ten days. 30. We infer from Husband's refusal to respond to our requests that Husband does not concur with this Petition. WHEREFORE, Wife requests that your Honorable Court issue a Rule upon Husband to show cause why this Petition should not be granted and Husband be ordered to file his Answers to Wife's written discovery within ten days from the date of service WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 hereof or suffer sanctions and further why Husband should not be ordered to transfer to Wife the sum of $50,000 on account of Wife's claims in equitable distribution. Respectfully submitted, Wayne F Shade, Esquire Attorney for Wife Wayne F. Shade, Esquire, states that he is the attorney for the party or parties filing the foregoing document; that he makes this verification based upon facts which are within his personal knowledge, information or belief and that any false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: July 13, 2010 /Z Wayne F. hade, Esquire WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -8- JUL 15 2010 SHARON L. UTTRY, Plaintif V. RAYMOND . DUTTRY, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW -73d-% NO. 08-7249 CIVIL TERM IN DIVORCE ORDER OF COURT AND N W, this ? a of </4? G , 2010, upon consideration of the I within Petition, iit is hereby ordered, as follows: (1) A R le is issued upon Husband to show cause why this Petition should not be granted and Husband be rdered to file his Answers to Wife's written discovery within ten days from the date of service h?reof or suffer sanctions and further why Husband should not be ordered to transfer to Wife he sum of $50,000 on account of Wife's claims in equitable distribution; (2) Husb d shall file an Answer to the Petition within a 0 days of the date of service of this O der; and , (3) A he 'ng shall be held thereon on JXC4? L?? U , 2010, at o'clock a.M. in Courtroom No. Cumberland Courthouse, Carlisle, Pennsylvania. By the Court, lbert H. Masland, J. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Wayne F. Shade, squire (Y ?? rt Attorney or Plaintiff-Wife -T Lesley J. Beam, squire - Howett, Kissinge & Holst, P.C. Attorneys for Defendant-Husband 6p fc5 a.° P Lesley J. Beam, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Raymond A. Duttry, Jr. J AID,#. Vlryi Pwr3/6 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON L. DUTTRY, ) Plaintiff ) V. ) RAYMOND A. DUTTRY, JR., ) Defendant ) NO. 2008-7329 CIVIL ACTION - LAW IN DIVORCE ANSWER TO PLAINTIFF'S PETITION TO COMPEL DISCOVERY AND FOR SPECIAL RELIEF AND NOW, comes Defendant, Raymond A. Duttry, Jr., by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Answer to Plaintiff's Petition to Compel Discovery and for Special Relief and in support thereof states as follows: 1. Admitted. Plaintiff/Petitioner Sharon L. Duttry is an adult individual. Defendant is without personal knowledge of where Petitioner resides, so is unable to admit or deny this averment. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is denied that Husband "walked away from his job," it is denied that Husband knew that Wife "could no longer tolerate the conditions within the marriage" at the time of his retirement, and it is denied that Husband's annual income was more than $75,000 per year. To the contrary, Husband always intended to retire at the age of 60, and worked 31 years with the state to enable him to be able to do so, of which Wife was and is aware. Husband retired nine months before his 60' birthday. At the time of his retirement, the Commonwealth of Pennsylvania had moved Husband from a local job in a state hospital where he performed management and office functions, to a hospital approximately 78 miles away, where Husband had to interact physically and directly with mental patients on a daily basis, and where his safety and physical well-being were threatened. At the time of his retirement, the parties were in counseling. Only after Husband retired did Wife leave the residence.' Because of the stress caused by the changes in his job duties, the three-hour increase in his commute, and the tension in his marriage, Husband chose to retire nine months early. 7. Denied. It is denied that Husband "walked away from his job," and it is denied that Husband reduced his earnings by more than $375,000 plus additional retirement benefits through 65. Husband retired nine months early from his planned retirement at the age of 60, a privilege for which he had worked 31 years for the same employer, and Husband never intended to have earnings through age 65, a fact of which Wife was well aware during the marriage and when she abandoned the marriage. With the speculation that Husband would have kept his job until his 60'hbirthday, Husband only lost nine months of employment' and nine months of 'It should be noted that this was the second time that Wife abandoned the marriage, on June 4, 2008. Wife originally abandoned the marriage on July 29, 2006 and returned in February of 2007. 21t should be noted that Husband began receiving from his defined benefit plan, however, so his lost wages were was supplanted by his retirement. 2 additional retirement benefits that would have accrued which amount is nominal. Additionally, it is pure speculation what Husband might have been able to earn or what he may have been able to save toward retirement had he decided to delay his retirement for another five years, and been able to keep working for five more years. 8. Admitted. 9. Admitted. 10. Denied. Husband disclosed a report of his psychiatrist. By way of further answer, Husband will not be introducing into evidence said report, nor using the testimony of his psychiatrist or any other mental health professional. Husband will not be calling into issue any medical reason for him to be retired at the age of 60; rather, Husband intended to retire at the age of 60 and retired a mere nine months before his 60`h birthday; it would not be an equitable remedy in this divorce action to hold that Wife's decision to leave the marriage and the marital residence should mandate that Husband be held to 5 years of earnings he never intended to earn. 11. Denied. This averment categorizes a written document, which speaks for itself. 12. Admitted in part. It is admitted that in one response, Husband correctly responded that he could not provide his medical records because they were not in his custody or control; Husband did not have the documentation in his possession, nor did he intend to produce such documentation during his trial. By way of further answer, Husband has provided additional answers to the outstanding discovery in which Husband objects to the request to provide copies of his medical records as the request is not limited in scope, is overly broad, would cause unreasonable annoyance, oppression and embarrassment, is an undue expense, and is not relevant 3 to the matter at hand because Husband retired a mere nine months earlier than he had always intended while the parties were in an intact marriage, and his decision to retire nine months prior to his 60'hbirthday due to the extreme commute, the stress of dissolving marriage, and the strain and physical danger of his new work assignment is justified without advancing a medical reason for such. 13. Denied. Husband is unable to admit or deny Wife's opinions. 14. Denied. Husband is unable to admit or deny Wife's beliefs in this matter. By way of further answer, however, Husband has retired, which was an expected and contemplated event at the age of sixty. Husband retired nine months early. Husband avers that it is absurd that Wife would believe that Husband should have to now work to the age 65, because she decided she wanted to leave the marriage. 15. Denied. Wife could hire any expert that she likes and could ask the Court to require Husband to submit to any sort of evaluation that she would like, provided that such an evaluation would prove relevant to the litigation. Wife does not need copies of Husband's records from his primary care physician or from his psychiatrist to be able to have Husband examined. The records from Husband's physician and pyschiatrist are unrelated to this litigation, however, and the notes from Husband's sessions with his psychiatrist should be absolutely protected under physician-client privilege, as Husband has a right to have his statements made in those sessions protected. Furthermore, it was anticipated by both parties prior to their separation that Husband would be retiring at the age of 60, and Husband retired nine months early. 4 Husband is under no obligation to work to a later date of retirement because Wife chose to leave the marriage. 16. Admitted. By way of further of answer, Husband's medical records are protected by doctor/patient confidentiality, and Husband is not under obligation to produce those records, as his medical conditions are not a factor to his current retirement. 17. Denied. Said second set of Interrogatories was not received at that time. The second set of Interrogatories was not received until approximately a month later. By way of further information, Wife did not return her discovery to Husband within the thirty day period required by law. 18. Admitted. 19. Denied. After Wife failed to return her discovery within the thirty day time frame provided under the Rules of Civil Procedure, Wife only asked for responses after she had returned that discovery. In her letter, she requested a response within ten days. Husband has answered all of the questions in these Interrogatories, well as an amended answer to Wife's Request for Production of Documents. See Defendant's Answers to Plaintiff's Second Set of Interrogatories and Answers to Plaintiff's Second Set of Request for Production of Documents, attached hereto as Exhibit "A". Admitted. By way of further answer, Husband has produced answers to Plaintiff's second set of Interrogatories as well as amended answers to Plaintiff's Request for Production of Documents, Second Set. 20. Denied. Husband is unable to admit or deny what Wife believes or advances. 5 21. Denied. Husband is unable to admit or deny what Wife feels she needs. 22. Denied. It is denied that there is $1,400,000.00 worth of marital property. It is also denied that Husband is in control of most of this property. By way of further answer, approximately $680,000.00 (pre-tax) of that estate is Husband's pension plan, which is dispersed to him by Pennsylvania's State Employees Retirement System in a low monthly annuity. Husband cannot dissolve this plan or disburse this plan in any manner other than currently elected, and cannot take any cash sum out of that plan for the benefit of Wife. Approximately $180,000 to $200,000 of the estate is in the jointly-titled marital residence, which Husband is living in and which residence Wife voluntarily left on separate occasions. Husband has not told her she is not welcome to come back to the residence, and it is our understanding that Wife has purchased a residence of her own in which she is residing. Wife's name is still on the marital residence. Husband is unable to sell this residence without the consent of Wife, so this portion of the estate is also out of Husband's control. Wife has her own pension plan with the state with approximately $200,000.00, as well as nine additional defined contribution retirement accounts with an expected balance of at least $40,000.00 from which she can excess money for her representation. Other than the vehicles and the residence, the parties' estate is in retirement accounts, which accounts Husband should not be forced to liquidize to provide Wife with cash, especially as she is working full-time and making over $75,000 per year. 23. Denied as to characterization. Husband did take a lump sum pension withdrawal at the time of his retirement in the amount of $115,197.01, which amount was put into two IRAs 6 in his PSECU account, one of which is a six-month IRA certificate, and the second which is a twelve-month IRA certificate. Husband has not removed any money from these IRAs. Husband does not have control of these accounts such that he can remove monies from these accounts during the maturation period, without incurring significant penalties, nor should he be forced to remove money from these accounts for Wife's counsel fees, when Wife earns a substantial living and had approximately $40,000 in financial accounts other than her pension plan. 24. Denied. Husband is unable to admit or deny what Wife believes she is unable to afford, or what amount of fees she incurred in her representation. Wife has retained three different attorneys throughout the course of her representation. Wife chose to abandon the marital residence, despite the fact that the marital residence had been paid for and is only subject to a modest monthly payment for the home equity line of credit. Wife has changed jobs twice in the last two years alone. Wife makes a healthy annual income of approximately $75,000, and has access to a Vanguard plan with an estimated $30,000.00 in it, a 401(k) account with at least $5,000.00 in it, and a retirement savings blended investment account with approximately $5,000.00 in that account. Husband is incredulous as to Wife's claims that she cannot afford to pay her counsel fees. 25. Denied. Wife has approximately $30,000.00 in a Vanguard plan, approximately $5,000.00 in a Fidelity 401(k) account, and approximately $5,000.00 in a retirement savings blended investment account, of which Husband is aware. Wife has an annual income of approximately $75,000. Wife has no prohibition that prevents her from residing in the marital 7 residence while this divorce is going forward which would save her living expense. If Wife needs money for her representation, Wife has accounts from which she can take such funds, income from employment that she can access, and family members from which she can borrow. 26. Admitted that the Code does authorize the Court to make partial distributions of marital assets at any stage of the divorce proceedings to enable the financially dependent spouse to sustain herself throughout the litigation and not be forced to settle because of economic disadvantage. However, Wife is not a financially dependent spouse. The parties have equivalent educations, and when Husband retired, were capable of earning equivalent salaries. Husband is retired, and is subsiding on less income than what he earned during the marriage. In contrast, Wife is currently working for approximately $75,000 per year, and is not in a position where she is old enough for retirement. 27. Denied as to characterization; Admitted as to the fact that Wife sent correspondence to counsel for Husband on June 22, 2010. It is denied that Husband has been in control of almost all of the marital property since the date of separation. To the contrary, the home is in both names, which Wife voluntarily vacated and of which no order is preventing her from residing in said residence, and Husband does not have control over the disposition of his SERS pension plan, which account is being paid in a small monthly payment. The remainder of Husband's accounts are all retirement accounts, the contents of which cannot be removed without incurring significant penalty to Husband. Therefore, Husband is not in control of this property. If this money were in checking accounts, we could suggest otherwise. 28. Admitted. 8 29. Denied. Husband cannot admit or deny any inference by counsel for Wife. By way of further answer, however, Husband does not agree to an interim distribution of Wife of $50,000, nor does he think,such is warranted under the law and the case at hand. NEW MATTER 30. The parties' marital estate is believed to be worth approximately $1,180,000.00 at the time of this pleading. $680,000.00 of that estate is the approximate gross present value of Husband's SERS pension plan, a defined benefit plan in which Husband is receiving a monthly payment due to his retirement. Husband does not have the ability to liquidate this account, which account was earned after 31 years of service 31. Another $180,000.00 to $200,000 of the marital estate is the equity in the marital residence, which residence is in both names, which Husband cannot sell or transfer without Wife's consent, and in which Wife is fully capable of residing in the residence. 32. An additional $140,000.00 worth of the estate is in Husband's other retirement vehicles, including a deferred compensation plan and IRAs. 33. It is believed that approximately $40,000.00 of the marital estate is in financial accounts in Wife's name, which accounts she can access herself and bear the penalties therefrom if she wishes to have additional funds for her representation 34. Recent information from Wife suggests extremely poor decision-making with the finances which are available to her: Wife's Answers to her Interrogatories claim she liquidated her entire 401(k), which value was approximately $28,000 to refinance her loan for her vehicle, which loan was $27,000 in 2008. Wife claims to have suffered penalties in the amount of 9 approximately 30% of the value of this account for the liquidation, and still claims to have no money for her counsel fees. Wife then took a new loan to buy a new car after she refinanced. It is egregious that Wife would sacrifice a significant portion of her cash retirement to refinance her vehicle loan when she could have downsized her vehicle, and now claim she needs money for counsel fees. 35. Husband is aware that Wife routinely fails to manage her money, and did so during the course of the marriage. Wife routinely made purchases she could not afford, did not control her spending on luxuries, and made no effort to budget her money. Wife changed jobs often, costing herself untold hundreds of thousands of dollars in retirement assets. 36. At present, Wife has served on Husband two different sets of Interrogatories and two different sets of Request for Production of Documents, much of which information was already provided to Wife's prior counsel. 37. When Husband was working, Husband and Wife were earning approximately the same amount of money per year, so neither spouse is the financially dependent spouse. Wife and Husband are both registered nurses, and Wife's current income is just as great as Husband's earnings were before he retired. 38. It was always understood that Husband was going to retire at the age of sixty. Husband had spent 31 years working for the state to be able to earn that possibility. Wife knew of his desires and had voiced no complaint. It is only now that she seeks to divorce Husband as he is entering his retirement years that she argues that he should be forced to keep working past his expected retirement date because she no longer wants to be married. 10 39. Husband will not be introducing medical testimony or expert reports at his trial on the division of his estate. It is expected that the divorce master can draw his own conclusions regarding the suitability of a man retiring nine months early when his job assignment changed from an administrative position at a local hospital to a direct-care assignment at a mental hospital in which he was constantly in physical danger, with an additional three hours of commute time, at a time when the stress and tension in his marriage were so extremely high. 40. Answers were sent by fax and regular mail to the outstanding Interrogatories on August 2, the copy of which is attached as Exhibit "A," as indicated above. As a consequence, it is believed that Plaintiff should have no need to compel answers to such discovery. 41. It should be noted that a great deal of the information that was requested in discovery by Attorney Wayne Shade had already been provided to counsel for Plaintiff, Susan K. Candiello. Defendant did not object to providing that information, even when it had already been provided once and it required an additional expense and inconvenience to him. WHEREFORE, Defendant requests this Honorable Court dismiss Plaintiff's Petition to Compel Discovery and for Special Relief. Date: 3 ?n () It) b submitted, 14, VWY J a?n, Esquire ROWS , KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Raymond A. Duttry, Jr. 11 VERIFICATION I, Raymond A. Duttry, Jr., hereby swear and affirm that the facts contained in the foregoing Amer to Plaintiff's Petiticn to Discovery and fcr cWcial RPli& are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. August 3, 2010 4??dlj I, DATE RAYMOND A. DUTTRY JR. Lesley J. Beam, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Raymond A. Duttry, Jr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON L. DUTTRY, ) Plaintiff ) V. ) RAYMOND A. DUTTRY, JR., ) Defendant ) NO. 2008-7329 CIVIL; ACTION - LAW IN DIVORCE DEFENDANT'S ANSWERS TO PLAINTIFF'S SECOND SET OF INTERROGATORIES AND ANSWERS TO PLAINTIFF'S SECOND SET OF REQUEST FOR PRODUCTION OF DOCUMENTS To: Sharon L. Duttry, Plaintiff c/o Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013-3217 AND NOW, comes Defendant, Raymond A.Duttry; Jr., by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby submits the following Defendant's Answers to Plaintiff s Second Set of Interrogatories and Answers to Plaintiff's Second Set of Request for Production of Documents: INTERROGATORIES GENERAL OBJECTION. Defendant objects to these Interrogatories as the information requested, with the exception of current values of financial accounts, has already been requested by and provided to Plaintiffs prior counsel, Susan IC Candiello, Esquire, and requesting this information for a second time causes an unreasonable annoyance, oppression and expense to Defendant (hereinafter "Husband"). Without waiving said objection, Husband responds as follows: 38. Your informal disclosures regarding Husband's Commonwealth of Pennsylvania Deferred Compensation Plan indicate that Husband has received distributions from that account in the amount $1,200.00 per month since at least February of 2009. Did he receive any distributions from that account prior to February of 2009? If so, when and in what amounts, and why does your response to our Request for Production of Documents indicate only distributions in only June through September of 2009? ANSWER: Husband did not receive any distributions from his Deferred Compensation Plan prior to February 1, 2009. See the attached documentation showing Husband's distribution request, made 2/1/2009, and his statements from said account to current, showing all of the distributions received from this account, which distributions are $1,200 per month. Husband's response to Plaintiff's Request for Production of Documents did not indicate only distributions from only June through September of 2009, so the remainder. of your question is unable to be answered. 39. Please state the June 4, 2008 value of Husband's six month IRA and his PSECU account #9901. ANSWER: $0._ Husband did not have his PSECU account #9901 on June 4, 2008. You were already provided a copy of the statement from 7/31/2008, showing the opening of this account with a deposit on 7/16/2008 in the amount of $1,096. Both of the IRAs in Husband's PSECU account #9901 were opened on September 24, 2008 with a rollover from Husband's lump sum pension withdrawal. Please note you were already provided, as was prior counsel, with the bank statements of this account for 9/30/2008 showing the initial deposits into those IRA certificates ($28,799.26 and $86,397.75) on September 24, 2008, the sum of which is $115,197.01 (the total of Husband's lump sum pension withdrawal). Husband was only using the parties' joint PSECU account #0163 when Plaintiff (hereinafter "Wife") left husband for the second time on June 4, 2008. 40. Please provide a statement of the current value of the account into which Husband rolled his lump sum pension withdrawal in the amount of $115,197.01. ANSWER: Objection, because this Interrogatory is a Request for Production, not a question. Without waiving said objection, Husband attaches a copy of his current PSECU account 49901 statement, which shows the current value of the lump sum pension withdrawal as $120,901.22 ($29,922.86 in his 6 month IRA certificate and $90,978.36 in his 12 month IRA certificate). 41. Please provide us with Husband's response to Wife's indication that Husband told her that he had saved $10,000.00 for a vacation. ANSWER: OBJECTION. Husband objects to Wife's Interrogatory 41 as the questions presupposes statements not made into the record, provides no context, is sought in bad faith, and is burdensome in that Husband has already been asked and has answered all questions concerning the value of all assets in his possession or control and their whereabouts. Without waiving said objection, Husband denies ever making that statement to Wife, and certainly cannot attest to when Wife believes that statement had been made from the question. When Wife deserted the marriage for the first time, on July 29, 2006 (for a period of approximately 6 months),. she removed $7,801 from PSECU Account #0163, which had a total of $13,634.16 in savings at that time; Husband can only surmise that this savings account balance is what Wife is referencing as money that had been saved during the marriage, but that money did not exist at the time that Wife deserted the marriage for the second time (given that Wife did not return the money she took the first time). As a joint account, Wife has access to the statements of this account. 42. Please state the June 4, 2008, balan ces of the following loan accounts: PSECU #0163380058, AVEO loan, corvette loan, home equity line of credit, personal line of credit, Chase Visa #8413, PSECU Visa #3128, Shell #9001, Value City Furniture #9568, BP #0390, Exxon Mobil #9291, and Lowes #5781. ANSWER: OBJECTION. Husband objects to Wife's Interrogatory 42 as an unreasonable annoyance, burden and expense as this information has already been provided to prior counsel for Plaintiff, Susan IC Candiello. Without waiving said objection, Husband answers as follows: PSECU #0163380058: AVEO loan: $0. Closed on 2/22/2008. Corvette loan: $9,339.84. Home equity line of credit: $5,299.35. Personal line of credit: $0. PSECU Visa #3128: $0. Chase Visa #8413: $3,563.33. Shell #9001: $0. Last activity 5/16/2007. Value City Furniture #9568: $0. Last activity 6/21/2007. BP #0390: $0. Last activity 9/25/2006. Exxon Mobil #9291: $0. Last activity 4/27/2007. Lowes #5781: $0. Lasr activity 12/17/2005. See the documentation attached concerning these debts. 43. Please provide us with Husband's response to Wife's indication that Husband told her that he kept cash in the safe. ANSWER: OBJECTION. Husband objects to Wife's Interrogatory 43 as the questions presupposes statements not made into the record, provides no context, is sought in bad faith, and is burdensome in that Husband has already been asked and has answered all questions concerning the value of all assets in his possession or control and their whereabouts. Without waiving said objection, Husband answers as follows: Even without providing a context as to what month, day, or year in which Husband allegedly made such a statement to Wife, Husband denies ever making such a statement, and affirm his answer to the previous Interrogatory concerning the contents of the safe. REQUEST FOR PRODUCTION OF DOCUMENTS 20. Copies of all your medical records from January 1, 2005 through the date of response thereto. ANSWER: OBJECTION. Husband objects to this Request as seeking records protected by doctor/patient confidentiality. Husband had an expectation of privacy in his counseling sessions with psychologist, and releasing those records to his estranged wife would cause him unreasonable annoyance and embarrassment. Any other medical records that exist for Husband would be related to annual routine physicals which are unremarkable and certainly not relevant to this litigation. Husband further objects to this request as being onerous in scope and without specificity. Wife seeks records from two and a half years prior to the time, and two years from the time, that Wife deserted the marriage for the second time. Wife does not specify what records she seeks. Husband also objects to this request as being beyond the scope of discovery as set forth in Rules 4003.1 through 4003.6 as Husband will not be putting his medical status into evidence in this matter. Husband retired a mere nine months earlier than he had always intended while the parties were in an intact marriage. Husband is over the age of sixty, and Wife was aware that Husband intended to retire at the age of sixty. Husband's decision to retire nine months prior to his 60'h birthday due to the extreme commute, the stress of dissolving marriage, and the strain and physical danger of his new work position is justified and Husband does not need to advance any medical reason for him to be retired. Husband is retired, and he stayed with one employer for 31 years to have the privilege to be able to retire at the age of 60. VERIFICATION I, Raymond A. Duttry, Jr., hereby swear and affirm that the facts contained in the foregoing Defendant's Ansmars to Plaintiff's -25 ax Set of Intexrocatcries and Armers to Plaintiff's Seca-d Set cf Request for Production of DocuTe1ts are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. August 3, 2010 DATE RAYMOND A. DU , R , JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON L. DUTTRY, ) Plaintiff ) V. ) RAYMOND A. DUTTRY, JR., ) Defendant ) NO. 2008-7329 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Raymond A. Duttry, Jr., Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Defendant's Answers to Plaintiff's Second Set of Interrogatories and Answers to Plaintiff's Second Set of Request for Production of Documents was served upon Wayne F. Shade, Esquire, counsel for Sharon L. Duttry, Plaintiff, by fax and by depositing same in the United States mail, first class, on August 3, 2010, addressed as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013-3217 Date: es y . beam, Esquire H TT, KISSINGER & HOLST, P.C. 13 alnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Raymond A. Duttry, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON L. DUTTRY, ) Plaintiff ) V. ) RAYMOND A. DUTTRY, JR., ) Defendant ) NO. 2008-7329 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Raymond A. Duttry, Jr., Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Answer to Plaintiff s Petition to Compel Discovery and for Special Relief was served upon Wayne F. Shade, Esquire, counsel for Sharon L. Duttry, Plaintiff, by depositing same in the United States mail, first class, on August 3, 2010, addressed as follows: Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 170W-3217 Date: s O Esquire SINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Raymond A. Duttry, Jr. A SHARON L. DUTTRY, Plaintiff v. RAYMOND A. DUTTRY, JR., Defendant MOTION FOR APPOINTMENT OF MASTER Plaintiff SHARON L. DUTTRY moves the Court to appoint a Master with respect to the following claims: () Divorce () Annulment () Alimony () Alimony Pendente Lite and in support of the Motion states: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-7329 CIVIL TERM : IN DIVORCE (X) Distribution of Property ()Support () Counsel Fees () Costs and Expenses 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested; 2. The Defendant has appeared in this action by his attorney, Lesley J. Beam, Esquire, of Howett, Kissinger & Holst, P.C. 3. The statutory ground for divorce is irretrievable breakdown of the marriage. The parties have been separated from marital cohabitation for more than two years. 4. The action is contested with respect to the claims of equitable distribution. 5. The action does not involve complex issues of law or fact. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 6. The hearing is expected to take one day. Date ? }MSWN1911 F`V I ? 381; n Wayne t. Shade, Esquire Attorney for Plaintiff 1,_ _t l0 SHARON L. DUTTRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 08-7329 CIVIL TERM RAYMOND A. DUTTRY, JR., Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff SHARON L. DUTTRY moves the Court to appoint a Master with respect to the following claims: () Divorce () Annulment () Alimony () Alimony Pendente Lite (X) Distribution of PropeMj () Support OCounsel Fees a () Costs and Expenses ?. w and in support of the Motion states: 16- 1. Discovery is complete as to the claim(s) for which the anointment of a Master is requested; 4: 2. The Defendant has appeared in this action by his attorney, Lesley J. Beam, Esquire, of Howett, Kissinger & Holst, P.C. 3. The statutory ground for divorce is irretrievable breakdown of the marriage. The parties have been separated from marital cohabitation for more than two years. 4. The action is contested with respect to the claims of equitable distribution. 5. The action does not involve complex issues of law or fact. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 6. The hearing is expected to take one day. Date ,yS2911 _:.13 G l N 1'd I N 39 w ? -i Wayne Shade, Esquire L S :z Wd Z f NVr ; 10Z Attorney for Plaintiff • N ORDER APPOINTING MASTER AND NOW, F , 2011„ E. Robert Elicker, II, Esquire, is appointed Master wi respect to a foregoing claims. By the Court, Wayne Lesley F. Shade. Esq- J . Bean,, P2q, ?AW 0085 %1 151 o? .41i _ ,? WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 FILED-OFFICE Lesley J. Beam, Esquire OF THE PRO i HONOTAK , HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 201 JAN 31 AM 3 i : 56 Harrisburg, PA 17108 Telephone: (717) 234-2616 CUMBERLAND Ct UNIT`t Counsel for Defendant, Raymond A. Duttry, Jr. PFWNVLVAHI A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON L. DUTTRY, Plaintiff NO. 2008-7329 V. RAYMOND A. DUTTRY, JR., Defendant CIVIL ACTION - LAW IN DIVORCE ANSWER AND COUNTERCLAIM IN DIVORCE AND NOW, comes Defendant, Raymond A. Duttry, Jr., by and through his attorney, Lesley J. Beam, Esquire, who files the following Answer and Counterclaim to the Complaint in Divorce in the above-referenced matter as follows: 1. Admitted in part; denied in part. Plaintiff is Sharon L. Duttry; it is not believed that Plaintiff is currently residing at 1001 Rupply Road. 2. Admitted. 3. Admitted. 4. Admitted in part; denied in part. The parties were married on July 11, 1974 in Pennsylvania. 5. Denied. Plaintiff left Defendant on June 5, 2008. 6. Admitted. 7. Admitted. 8. Admitted. 14 a'11 IV 9. Denied. Defendant is unable to admit or deny what advice Plaintiff has received in the course of this divorce. 10. No response is required. 11. Defendant is unable to admit or deny the cause of action for divorce under the Divorce Code under which Plaintiff has chosen to proceed. By way of further answer, Defendant must now conclude that the marriage is in fact irretrievably broken. 12. Defendant is unable to admit or deny what Plaintiff is requesting of the Court. 13. No response is required. 14. Admitted. 15. Defendant is unable to admit or deny what Plaintiff is requesting of the Court. COUNTERCLAIM COUNT I - ALIMONY PENDENTE LITE 16. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto as if fully set forth herein. 17. By reason of Plaintiffs institution of the action to the above term and number, Defendant will be and has been put to considerable expense in the preparation of this case, and the employment of counsel, and the payment of costs. 18. Plaintiff instituted this divorce action with knowledge that Husband's retirement was imminent. 19. Since the parties' separation, Wife has enjoyed a substantially higher income than Husband, who has lived on income from his pension from the state and limited other cash resources. 2 20. Plaintiff's income is disproportionately higher than Defendant's income. Defendant is without adequate income to pay the costs and expenses of this litigation, and is likewise without adequate income to maintain him during the course of this litigation. WHEREFORE, Defendant respectfully requests that the Court grant an Order upon Plaintiff compelling Plaintiff to pay Defendant alimony pendente lite. COUNT II - COUNSEL FEES. COSTS AND EXPENSES 21. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto as if fully set forth herein. 22. By reason of the institution of this action, Defendant will be in and has been put to considerable expense in the preparation of his case and the employment of counsel, and the payment of costs. 23. Plaintiff's income is disproportionately higher than Defendant's income. Defendant is without adequate income to pay the costs and expenses of this litigation that Plaintiff initiated. WHEREFORE, Defendant respectfully requests that the Court grant an Order upon Plaintiff compelling Plaintiff to pay Defendant counsel fees, costs and expenses. submitted, Date: 4 ?-, I 1-esle Bleam, Esquire HO T, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Raymond A. Duttry, Jr. VERIFICATION I, Raymond A. Duttry, Jr., hereby swear and affirm that the facts contained in the foregoing Answer and Comterclaim in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 01/26/11 DATE RA MOND A. DUTtkf, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON L. DUTTRY, ) Plaintiff ) V. ) RAYMOND A. DUTTRY, JR., ) Defendant ) NO. 2008-7329 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, counsel for Raymond A. Duttry, Jr., Defendant in the above- captioned action, hereby certify that a true and correct copy of the foregoing Answer and Counterclaim in Divorce was served upon Wayne F. Shade, Esquire, counsel for Sharon L. Duttry, Plaintiff, by depositing same in the United States mail, first class, on January 26, 2011, addressed as follows: Wayne F. Shade, Esq ' e 53 West Pomfret S e Carlisle, PA 17013 3 17 i Date: 0 I a J 0 ?1 esl J. B Esquire O ET SSINGER & HOLST, P.C. 130 Walnu Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Raymond A. Duttry, Jr. SHARON L. DUTTRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : NO. 08-7329 CIVIL TERM RAYMOND A. DUTTRY, JR., Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA q M r SS:, ra COUNTY OF CUMBERLAND ) = r, 1 . -a F A Complaint in Divorce under §3301(c) of the Divorce Code with N66ce' of Availability of Counseling was filed on December 17, 2008, and served on December 17, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without notice. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 V 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Court. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- 9. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: March 8, 2011 n - Jt?'? Sa& ---- Sharon L. Du ry WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON L. DUTTRY, Plaintiff ) NO. 2008-7329 == V. RAYMOND A. DUTTRY, JR., ) CIVIL ACTION - LAW = Defendant ) IN DIVORCE . -f -, DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on December 17, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: .? / //;J// L R and A. Du t Jr., Defendant SHARON L. DUTTRY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 08 - 7329 CIVIL RAYMOND A. DUTTRY, JR., Defendant IN DIVORCE ORDER OF COURT AND NOW, this f?' day of , 2011, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated March 8, 2011, 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: V/ Wayne F. Shade Attorney for Plaintiff Lesley J. Beam 0,,n Neil, Attorney for Defendants 3?ISIu - ?, ,-a '3 ? MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN RAYMOND A. DUTTRY, JR. AND SHARON L. DUTTRY Lesley J. Beam, Esquire Wayne F. Shade, Esquire HOWETT, KISSINGER & HOLST, P.C. 53 West Pomfret Street 130 Walnut Street Carlisle, PA 17013 P.O. Box 810 Telephone: (717) 243-0220 Harrisburg, PA 17108 Counsel for Sharon L. Duttry Telephone: (717) 234-2616 Counsel for Raymond A. Duttry MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this SVA day of _ m, 4" 2011, by and between Raymond A. Duttry, Jr., of York County, Pennsylvania, and Sharon L. Duttry, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Raymond L. Duttry (hereinafter referred to as "Husband"), presently resides at 145 Ridge Road, Etters, York County, Pennsylvania, 17319; WHEREAS, Sharon L. Duttry (hereinafter referred to as "Wife"), presently resides at 8 Glenn View, Carlisle, Cumberland County, Pennsylvania, 17013; WHEREAS, the parties hereto are husband and wife, having been lawfully married on July 13, 1974 in Carlisle, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about June 4, 2008; WHEREAS, the parties' children are emancipated; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Lesley J. Beam, Esquire for Husband and Wayne F. Shade, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of 2 inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. 3 Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Wife has already commenced a divorce action pursuant to §3301(c) of the Divorce Code in Cumberland County, docketed to Civil Action No. 2008-7329. The parties further acknowledge the ninety-day waiting period provided for under §3301(c) of the Divorce Code has expired, and agree to finalize the divorce action pursuant to the mutual consent no-fault provisions set forth within §3301(c) of the Divorce Code. Simultaneously with the execution of this Agreement, both of the parties will execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall file them of record along with any and all other necessary documents to ensure the prompt entry of a divorce decree. 5. EQUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge that they are the titled owners, as tenants by the entireties of that certain house and lot and all improvements 4 thereupon situated at 145 Ridge Road, Etters, York County, Pennsylvania (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Husband shall become the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Marital Residence. Wife shall execute a deed transferring all of her right, title and interest in the Marital Residence to Husband simultaneously with execution of this Agreement. This deed shall be held in escrow by counsel for Husband until such time as Husband is able to relieve Wife of liability on the parties' joint home equity line of credit (hereinafter the "HELOC") with the Pennsylvania State Credit Union (hereinafter "PSECU"), at which time the deed shall promptly be recorded. (2) Wife agrees that as the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Commencing on the execution date of this Agreement, Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including 5 actual attorneys' fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Residence. (4) The Marital Residence is security for the aforementioned joint HELOC at PSECU. Husband shall be solely liable for payment of the HELOC, and shall, no later than three (3) months of the date of the execution of this Agreement, refinance, close or transfer the HELOC into his name alone so that Wife has no further liability towards this debt. Husband shall pay to Wife the sum of Forty Thousand Dollars ($40,000.00) at the time that he refinances, closes or transfers the debt, which sum will be received from Husband's refinancing of the joint obligation out of Wife's name. (b) Furnishings and Personalty. (1) The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. (2) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings remaining in the Marital Residence. (3) Except as otherwise set forth herein, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings currently in her possession. (c) Motor Vehicles. (1) Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 2008 Ford Escape automobile currently titled in her 6 name, along with all rights under any insurance policies'thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. Any joint liability associated with a vehicle received by Wife under this section shall be closed or refinanced within 60 days of execution of this Agreement. (2) Wife agrees that Husband shall retain possession of and receive as his sole and separate property the Chevrolet Corvette, Chevrolet Aveo and Ford Ranger Super Cab automobiles currently titled in his name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. Any joint liability associated with a vehicle received by Husband under this section shall be closed or refinanced within 60 days of execution of this Agreement. (3) The parties agree that they will cooperate in effectuating any transfer of titles and insurance necessary to accomplish the purposes of this subparagraph. (d) Life Insurance. (1) Except as provided for immediately below, the parties acknowledge and agree that each shall retain as his/her sole property, any and all life insurance 7 policies in his/her name, free of any right, title and interest of the other party. The parties will execute and deliver any documents necessary to formally release all claims to the presently existing life insurance of the other. (2) Notwithstanding the above, Wife shall receive the life insurance policies currently owned by Husband insuring the parties' two daughters, and shall be solely responsible for the annual premiums for these policies. Wife shall, as owner of these policies, be entitled to continue or terminate these policies in accordance with her absolute discretion. The parties shall execute any paperwork required by the insurance company to place ownership of the policies into Wife's name. Husband shall have no further liability for or rights to these policies. (3) The parties also agree to execute and deliver any documents that would be reasonably required by a life insurance company to enable them to purchase a life insurance policy on the other within two (2) years of the date of execution of this Agreement. After two years of the date of execution of this Agreement, neither party shall be required to execute any documentation or take any action which would enable the other to maintain life insurance on that party. (e) Pension and Retirement Benefits. Except as specifically set forth below, Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including, but not limited to, pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. To that end, Wife shall receive her Fidelity 401(k) account, her PSECU IRA account and her liquidated Vanguard 401(k) account. Husband shall receive his Great West deferred compensation balance, as it remains, if any, and as received already, and his E*Trade account. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. Notwithstanding the above, Wife shall receive Husband's 6-month and 12-month IRA accounts at PSECU. The parties shall execute any documents that may be required to accomplish this transfer. Wife shall also receive twenty-eight and nine-tenths (28.9%) percent of the marital portion of Husband's defined benefit plan (hereinafter "pension") through the State Employees' Retirement System (hereinafter "SERS"). Applying the coverture fraction of 0.994 as calculated by Jonathan Cramer of Conrad Siegel Actuaries in his September 1, 2010 report, Wife shall receive twenty-eight and seventy-three hundredths (28.73%) percent of the gross monthly SERS pension. Wife shall also receive 28.73% of any cost-of-living or other post-retirement benefit increase which may be granted by SERS. Upon retirement, Husband elected Option 1, which includes a lump sum death benefit if he dies before a certain date. In the event Husband dies and there remains a lump sum death benefit payable by SERS, Wife shall receive 100% of any such lump sum death benefit. In the event Wife dies before husband, any retirement or death benefits otherwise payable to her shall revert to Husband. Wife's share of Husband's pension shall be paid pursuant to a Domestic Relations Order (hereinafter "DRO") to be prepared by Jonathan Cramer, with the expense thereof to be shared equally by the parties. Husband and Wife shall 9 forward checks for their respective shares within five days of receipt of the bill for this work or within thirty (30) days of execution of this Agreement, whichever comes first. Wife's payment shall be effective as soon as the QDRO is qualified and processed and Wife can receive payment. Beginning March 1, 2011, Husband shall pay directly to Wife the sum of $897.15 as an agreed-upon, after-tax payment of her portion of his pension, each month until the QDRO is processed and Wife begins to receive payment of Husband's monthly pension. This sum shall be payable by the 5`h day of the following month, as the payment from SERS is made at the conclusion of the month (i.e., if Wife doesn't receive a check from SERS at the end of March, Husband shall give her the sum of $897.15 by April 5`h; if Wife doesn't receive a check from SERS at the end of April, Husband shall give her the sum of $897.15 by May 5`h.) (f) Financial Accounts. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all other financial accounts not otherwise stated of the other party. Wife shall retain her separate savings, checking and other financial accounts at PSECU. Husband shall receive his separate savings, checking and other financial accounts. As to the parties' joint financial accounts at PSECU, which includes savings, checking and Visa accounts, on which Husband is the primary account holder, Husband shall become sole owner of the account. Wife shall sign the form provided by PSECU to remove her name from the joint accounts, if she has not done so already, and avers that she will not use the account for credit, debit or other purposes. 10 (g) Equitable Distribution Payment. Husband agrees that he shall pay to Wife as and for equitable distribution the sum of $5,382.90 within forty-eight (48) hours of the time that Wife signs the Agreement. (h) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (i) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (j) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (k) Liabilities. (1) Including those liabilities identified elsewhere in this Agreement, Wife shall be solely liable for all debts in her name alone, including, but not limited to, her PSECU Visa and automobile loan, her Value City account, JCPenney account and Kay Jewelers account. Wife shall indemnify and hold Husband and his property harmless from any and all her debts, obligations and liabilities under this Agreement. (2) Including those debts identified elsewhere in this Agreement, Husband shall be solely liable for all debts in his name alone, including, but not limited to, his Amazon.com Visa, his Chase Visa, his BP account, his Exxon account and his Lowes account. Husband shall indemnify and hold Wife and her property harmless from any and all debts, obligations and liabilities under this Agreement. (1) Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. (m) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, 12 action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorneys' fees incurred by Wife in connection therewith. (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorneys' fees incurred by Husband in connection therewith. (o) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys' fees, incurred in the event of breach hereof. 6. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to 13 alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 7. MEDICAL INSURANCE COVERAGE FOR PARTIES. The parties currently provide medical insurance coverage for their respective selves, and shall continue to do so. From the time of execution of this Agreement forward, neither party shall be responsible for providing or paying for medical insurance coverage of the other. 8. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 14 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this 15 Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a 16 lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of two (2) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. BREACH. If either party hereto breaches any provision hereof, 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. The non-breaching party shall be 17 entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Raymond A. Duttry, Jr. 145 Ridge Road Etters, PA 17319 and to Wife, if made or addressed to the following: Sharon L. Duttry 8 Glenn View Carlisle, PA 17013 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania 18 (without regard to the conflict of law rules applicable in 'Pennsylvania) in effect as of the date of execution of this Agreement.. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 19 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity 20 under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. E Raymond A. Dutt r. (;, -.? WITNES Sharon L. Duttry 21 COMMONWEALTH OF PENNSYLVANIA COUNTY OF -D, ; i,- BEFORE ME, the undersigned authority, on this day personally appeared Raymond A. Duttry, Jr., known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I day of IM Llvc , 2011. ?t, h a 0, Lt?+ 1 Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: r- My commission expires: COMMONWEACEN Of MOMtVf+M1A - NOTARIAL SEAL DONNA J. KNISELY, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES APRIL 28. 201'7 22 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BEFORE ME, the undersigned authority, on this day personally appeared Sharon L. Duttry, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this g 61^ day of W , 2011. Notary Pu lic in and for Commonwealth of Pennsylvania Typed or printed name of Notary: orlhle J, i -t-L My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CONNIE J. TRITT, Notary Punic I Carlisle Boro., Cumberland County I My ComrnMion Expires October 5, 2012 SHARON L. DUTTRY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW V. NO. 08-7329 CIVIL TERM RAYMOND A. DUTTRY, JR., Defendant : IN DIVORCE - m _ w.??? i i `.mss PRAECIPE TO TRANSMIT RECORD E To the Prothonotary: _ 5 Please transmit the record, together with the following information, f q the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. The date and manner of service of the Complaint were December 18, 2008, by certified United States mail, return receipt requested, restricted delivery. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree under §3301(c) of the Divorce Code by Plaintiff was March 8, 2011, and by Defendant was March 11, 2011. 4. Related claims pending: None. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Date: March 21, 2011 Wayne . Shade Attorney for Plaintiff Sharon L. Duttry V. Raymond A. Duttry, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7329 Civil Term DIVORCE DECREE AND NOW, _O // , it is ordered and decreed that Sharon L. Duttry Raymond A. Duttry, Jr. bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") All other claims have been resolved in a Marital Settlement Agreement dated March 8, 2011, a copy of which is attached and incorporated, but not merged herein, by reference as though fully set forth. By the Court, Attest: J. J. Prothonotary 4"In - Oer f - SPY jo a#y Fade (V wee , C'*Y rrAi led 'fc COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAIgA Sharon L. Duttry 'T? MW =9 x-rt - Plaintiff CIVIL ACTION - LAW --c -Orn vs. IN DIVORCE r--? -ac? =-n Raymond A. Duttry. Jr. NO. 2008-7329 {'- = I Defendant x >7 STIPULATION FOR THE E N TRY OF " DOMESTIC RELATIONS ORDER" ,? / W& t AND NOW, this o day of /? ?k? , ac' ? , the parties, Sharon L. Duttry, Plaintiff, and Raymond A. Duttry, Xr., Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Raymond A. Duttry, Jr. (hereinafter referred to as "Member"), is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statue, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code") 3. Member's date of birth and Social Security number are contained in the attached Addendum. 4. The Plaintiff, Sharon L. Duttry (hereinafter referred to as "Alternate Payee"), is the former spouse of Member. Alternate Payee's date of birth and Social Security number are contained in the attached Addendum. 5. Member's last known mailing address is: 145 Ridge Road Etters, PA 17319 6. Alternate Payee's current mailing address is: 8 Glenn View Carlisle, PA 17013 7 DRO Page 2 It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. The Alternate Payee is entitled to a portion of the Member's benefits under the Plan as set forth below. The Plan is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 8. The Member is currently receiving a monthly annuity for his lifetime pursuant to the terms of Option 1. Member's retirement options are final, binding, and irrevocable. Should Member return to State service, Member and Alternate Payee understand and acknowledge that payments to both Member and Alternate Payee shall be suspended for the duration of Member's subsequent State service. SERS shall not be required to make payments to Alternate Payee during any period in which Member is engaged in active State service subsequent to the approval of this Stipulation and Agreement. Member and Alternate Payee further understand that upon Member's re-retirement after a period of State service subsequent to his first retirement, SERS will not make retroactive benefit payments to Member, Alternate Payee, or any other person for any period in which Member was engaged in active State service subsequent to his first retirement. 9. The Alternate Payee's share of Member's retirement benefit is 28.73% of the Member's gross Option 1 monthly annuity payment, together with 100% of any death benefit payable under Option 1. The Alternate Payee shall receive 28.73% of any scheduled or ad hoc increase that is applied to Member's gross monthly annuity. 10. Payments to the Alternate Payee shall commence as soon as administratively feasible on or about the date SERS approves the Domestic Relations Order incorporating this Stipulation and Agreement. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. 11. The share of Member's retirement benefit payable to Alternate Payee pursuant to this Stipulation and Agreement shall be deducted from the Member's monthly annuity payments and/or death benefit payment by SERS and paid to the Alternate Payee. DRO Page 3 12. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's share of Member's retirement benefit, which pursuant to Paragraph 9 includes 100% of any death benefit payable under Option 1. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be named as beneficiary for 100% of the Option 1 death benefit. 13. Should Member return to State service, upon his subsequent retirement he shall elect Option 1 for his monthly annuity and name the Alternate Payee as sole beneficiary for any death benefits, pursuant to Paragraph 12 of this Order. Upon such subsequent retirement, Member may elect a full lump sum payment of any accumulated deductions accrued after his return to State service, and the Alternate Payee shall receive no portion of such lump sum payment. The Alternate Payee shall receive a portion of the Option 1 monthly annuity equal to 28.73% of the Member's monthly annuity payable by SERS at the time he returned to State service. The intent of this provision is for the Alternate Payee's monthly annuity to be the same amount as when it was suspended due to the Member's return to State service. DRO Page 4 14. If the Alternate Payee dies before the Member, the Alternate Payee's share of the member's pension and any death benefit payable under Option 1 shall revert to the Member. 15. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 16. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefits not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS, as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 17. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 18. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 19. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. DRO Page 5 20. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT ""I? ?55? 9-z? 1 4 -1--, -jj? A ".? Q I .. , - Plaintiff/Alternate e Attorney or Plaintiff/Alternate Payee n c Zt?Ti ? --t ?r- -c "orn o0 r C-3 - q qc? =CD ca ?ci y. .. ?M. ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to State Employees' Retirement System 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 State Employees' Retirement System when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Name: Raymond L. Duttry Address: 145 Ridge Road Etters, PA 17319 SSN: 163-38-0058 Date of Birth: May 12, 1949 Alternate Payee Information Name: Sharon L. Duttry Address: 8 Glenn View Carlisle, PA 17013 SSN: 179-44-9892 Date of Birth: November 10, 1953 Participant Attornev's Information Name: Lesley J. Beam, Esq. Address: Howett, Kissinger & Holst, P.C. 130 Walnut St., P.O. Box 810 Harrisburg, PA 17108 Phone Number: (717) 234-2616 Alternate Payee Attorney's Information Name: Wayne Shade, Esq. Address: 53 W. Pomfret Street Carlisle, PA 17013 Phone Number: (717) 243-0220 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: State Employees' Retirement System Legal Office 30 North Third Street, Suite 150 Harrisburg, PA 17101-1716 Sharon L. Duttry V. Raymond A. Duttry, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7329 Civil Term AMENDED DIVORCE DECREE AND NOW, ?2 3 it is ordered and decreed that Sharon L. Duttry plaintiff, and Raymond A. Duttry, Jr bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") All other claims have been resolved in a Marital Settlement Agreement dated March 8, 2011, and Addendum to March 8, 2011 Marital Settlement Agreement dated April 7, 2011, a copy of which is attached and incorporated, but not merged herein, by reference as though fully set forth. By the Court, Attest: 1 d J7 Bye //, Pr thonotary _ j rearled 71o ed d e d