HomeMy WebLinkAbout10-0296FILED-OFFICE
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2010 JAN I I Pry 12: 11
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P. Richard Wagner, Esquire
Attorney ID No. 23103
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg, PA 17110
Telephone (717) 234-7051
Fax (717) 234-7080
Attorney for Plaintiff
KENNETH CAMPBELL : IN THE COURT OF COMMON PLEAS
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. NO: 10 ` oQLP Civil-Ferl''
SUSAN CAMPBELL : CIVIL ACTION - LAW
Defendant.
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to do so,
the case may proceed without you and a decree in divorce or annulment may be entered
against you by the Court. A judgement may also be entered against you for another claim or
relief requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary, Cumberland County Courthouse, 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 INFLOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
Carlisle, PA 17013
(717) 249-3166 3C' 50 pp
Cot 5"to
ex's -13 & 083 of
P. Richard Wagner, Esquire
Attorney ID No. 23103
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg, PA 17110
Telephone (717) 234-7051
Fax (717) 234-7080
Attorney for Plaintiff
KENNETH CAMPBELL,
Plaintiff,
V.
SUSAN CAMPBELL,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: l0-a29G c•vvl
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW, comes the Plaintiff, Kenneth Campbell, by and through his attorneys,
Mancke, Wagner & Spreha, and files the following Complaint in Divorce:
1. The Plaintiff, Kenneth Campbell, is an adult individual currently residing at
4235 King George Drive, Apt. A, Harrisburg, Dauphin County, Pennsylvania.
2. The Defendant, Susan Campbell, is an adult individual currently residing
at 365 Lowther Street, Lemoyne, Cumberland County, Pennsylvania.
3. The parties were married June 12, 1981, in England.
4. Neither Plaintiff nor Defendant are members of the Armed Forces of the
United States or any of its Allies.
5. No one has filed any action in divorce or annulment.
6. Plaintiff believes and therefore avers he is entitled to a divorce based
upon the following grounds:
(a) that the marriage is irretrievably broken pursuant to Section 3301(c) of the
Divorce Code;
(b) as of September 26, 2011, the parties will have lived separate and apart
for a period of at least two (2) continuous years pursuant to Provisions
3301(d) of the Divorce Code.
WHEREFORE, Plaintiff requests the Court to grant him Complaint in Divorce.
COUNTI
Eguitable Distribution of Property
7. The averments contained in Paragraphs 1-6 above are incorporated
herein by reference and made a part hereof.
8. During the marriage, Plaintiff and Defendant have acquired various items
of marital property, both real and personal, which are subject to equitable distribution
under Section 401 of the Divorce Code of 1980.
Respectfully submitted,
P. agner, Esquire
Attorney I.D.#23103
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorney for Plaintiff
Dated:
-2-
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904,
relating to unworn falsification to authorities.
Date l
T/?..FlLED-'0 r,E
2010 j,% t l Pit 12: 11
P. Richard Wagner, Esquire
Attorney ID No. 23103
Mancke, Wagner & Spreha
2233 North Front Street
Harrisburg, PA 17110
Telephone (717) 234-7051
Fax (717) 234-7080
Attorney for Plaintiff
KENNETH CAMPBELL,
Plaintiff,
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO: 16 - J-yG Guy !
SUSAN CAMPBELL, : CIVIL ACTION - LAW
Defendant. : IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, comes your Petitioner, Kenneth Campbell, by and through his
attorneys Mancke, Wagner & Spreha and files the following Petition:
1. Your Petitioner is the Plaintiff in the above-captioned divorce action.
2. The Respondent is the Defendant in the above-captioned divorce action.
3. The parties separated on or about September 26, 2009.
4. The parties had certain marital assets in the form of bank accounts at
PNC Bank.
5. On or about September 21, 2009, the Respondent withdrew in excess of
twenty-two thousand ($22,000.00) dollars from a joint checking account and in March
2009, Respondent withdrew thirteen thousand ($13,000.00) dollars from a savings
account.
6. On October 5, 2009, the Respondent withdrew an additional fifteen
hundred ($1,500.00) dollars from the joint checking account.
7. As a result of the above conduct, the Respondent has withdrawn in
excess of thirty-six thousand ($36,000.00) dollars from joint accounts.
8. Said joint accounts constitute marital property.
9. The conduct of the Respondent was done without permission or approval
of the Petitioner.
10. Petitioner believes and therefore avers that the Respondent will dissipate
transfer or otherwise diminish the marital property.
11. Petitioner requests the Court that the Respondent be directed to return
the monies to the marital accounts and thereafter enjoin withdrawals from such
accounts unless and until both parties agree to do the same.
WHEREFORE, Petitioner requests the Court to grant relief.
Respectfully su ed,
P. chard ner, Esquire
Attorney I.D.#23103
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorney for Plaintiff
Dated: l d/4 a/6
-2-
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904,
relating to unworn falsification to authorities.
i
Date: 01-3
- 4 ?2 "5,
KENNETH CAMPBELL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
SUSAN CAMPBELL,
Defendant NO. 10-296 CIVIL TERM
IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 19'h day of January, 2010, upon consideration of Plaintiff's
Petition for Special Relief, a Rule is issued upon Defendant to show cause, if any, why
the relief requested should not be granted.
RULE RETURNABLE at a hearing scheduled for Thursday, March 18, 2010, at
1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
PENDING the hearing and further order of court, neither party shall dissipate,
encumber, transfer and otherwise depreciate the value of any marital asset except by
mutual agreement.
BY THE COURT,
? P. Rich
and Wagner, Esq.
2233 North Front Street
Harrisburg, PA 17110
Attorney for Plaintiff
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,'Aarren J. Holst, Esq.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Attorney for Defendant
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OF THE PRO T, CN O1T&RY
Darren J. Holst, Esquire
HOWETT, KISSINGER & HOLST, P.C.
130 Walnut Street, P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant, Susan Campbell
2019 FEB -S PH 1: 57
CLIME, -_' -,r>
PE-?,1NSYLVANIA,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH CAMPBELL, )
Plaintiff )
V. )
SUSAN CAMPBELL, )
Defendant )
10 - awo Civil r&rvk
NO.
CIVIL ACTION - LAW
IN DIVORCE
PETITION RAISING SUPPLEMENTAL DIVORCE CLAIMS
AND NOW, comes Defendant, Susan Campbell, by and through her counsel, Howett,
Kissinger & Holst, P.C., who hereby files the instant Petition Raising Supplemental Divorce
Claims and in support thereof avers as follows:
1. Petitioner is Susan Campbell ("Wife"), Defendant in the above-captioned
divorce action.
2. Respondent is Kenneth Campbell ("Husband"), Plaintiff in the above-
captioned divorce action.
3. On or about January 11, 2010, Husband initiated the above-captioned
action by filing a complaint for no-fault divorce with the Court of Common Pleas of Cumberland
County, which complaint further requested equitable distribution of the marital estate.
4. Rule 1920.15 of the Pennsylvania Rules of Civil Procedure allows a
defendant to file to the same term and action number a subsequent petition raising any claim
which, under the Divorce Code, may be joined with an action for divorce or annulment.
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In accordance with Rule 1920.15(b), Wife hereby asserts the following
supplemental divorce claims.
COUNT I - DIVORCE PURSUANT TO SECTION 3301(a)(2)
OF THE DIVORCE CODE
6. The prior paragraphs of this Petition are incorporated herein by reference
thereto.
7. Wife avers she is entitled to a divorce on the grounds that Husband has
committed adultery in violation of his marriage vows and in violation of Section 3301(a)(2) of
the Divorce Code.
8. This action is not collusive.
9. Other than the divorce complaint filed by Husband on or about January 11,
2010, there have been no prior actions for divorce or annulment of the marriage between the
parties instituted by either of them in this or any other jurisdiction.
WHEREFORE, Defendant respectfully requests this Honorable Court enter a decree of
divorce pursuant to Section 3301(a)(2) of the Divorce Code.
COUNT II - ALIMONY. AND ALIMONY PENDENTE LITE
10. The prior paragraphs of this Petition are incorporated herein by reference
thereto.
11. Wife lacks sufficient property to provide for her reasonable means, is
unable to support herself through appropriate employment and requires reasonable support to
adequately maintain herself in accordance with the standard of living established during the
marriage.
2
12. Wife is unable to sustain herself during the course of this litigation.
13. Husband has the ability to pay ongoing support to assist Wife in meeting
her reasonable needs.
WHEREFORE, Defendant respectfully requests this Honorable Court enter an award of
reasonable temporary alimony until final hearing and permanently thereafter.
COUNT III - COUNSEL FEES EXPENSES AND COSTS OF SUIT
14. The prior paragraphs of this Petition are incorporated herein by reference
thereto.
15. Wife has retained an attorney to defend this action and has agreed to pay
him a reasonable fee.
16. Wife has incurred and will continue to incur costs and expenses in
defending this action.
17. Wife is not financially able to meet either the expenses and costs of
defending this action or the fees to which her attorney will be entitled in this case.
WHEREFORE, Defendant respectfully requests this Honorable Court enter an award of
interim counsel fees, costs and expenses until final hearing and thereupon award such additional
counsel fees, costs and expenses as deemed appropriate.
COUNT IV - EXCLUSIVE POSSESSION OF FAMILY HOME
18. The prior paragraphs of this Petition are incorporated herein by reference
thereto.
3
19. On September 26, 2009, Husband vacated the parties' marital residence,
365 Lowther Street, Lemoyne, Cumberland County, Pennsylvania 17043.
20. Since that time, Wife has resided exclusively within the marital residence
and has been solely responsible for all costs and expenses associated therewith.
21. In accordance with Section 3502(c) of the Divorce Code, the Court may
award to one of the parties the right to exclusive use and possession of the marital residence.
WHEREFORE, Defendant respectfully requests this Honorable Court enter an order
directing that she be entitled to exclusive use and possession of the marital residence on both an
interim and permanent basis.
COUNT V - CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF
EXISTING POLICIES INSURING LIFE AND HEALTH OF DEFENDANT AND OF
RETIREMENT FUNDS
22. The prior paragraphs of this Petition are incorporated herein by reference
thereto.
23. During the course of the marriage, Husband has maintained certain life
and health insurance policies as well as retirement funds for the benefit of Wife.
24. Wife would be irreparably harmed if Husband was to unilaterally change
the beneficiary designations to remove Wife as beneficiary thereof during the pendency of this
action.
4
WHEREFORE, Defendant respectfully requests this Honorable Court enter an order
directing Plaintiff to continue to maintain policies of life and health insurance and retirement
funds for the benefit of Defendant until such time as the Court adjudicates the underlying
economic claims.
Date: /
Respectfully submitted,
Darren J. Holst, Esquire
HOWETT, KISSINGER & HOLST, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant, Susan Campbell
5
VERIFICATION
I, Susan L. Campbell, hereby swear and affirm that the facts contained in the foregoing
Petition Raising Supplemental Divorce Claims 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.
2/4/10
DATE
'SuD?rL G• C'a?ur?(?-Q??1
Susan L. Campbell
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH CAMPBELL, )
Plaintiff )
V. )
SUSAN CAMPBELL, )
Defendant )
NO. 10-276 Civil Term
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Darren J. Holst, Esquire, counsel for Susan Campbell, Defendant in the above-
captioned action, hereby certify that a true and correct copy of the foregoing Petition Raising
Supplemental Divorce Claims was served upon P. Richard Wagner, Esquire, counsel for
Plaintiff, Kenneth Campbell, by depositing same in the United States mail, first class, on
February 4, 2010, addressed as follows:
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
Date:
Darren J. Hol , Esquire
HOWETT, KISSINGER & HOLST, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant, Susan Campbell
s ? n
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
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KENNETH CAMPBELL, ) c --i
Plaintiff ) NO. 10-296 CIVIL TERM rnw o --?.
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SUSAN CAMPBELL, ) CIVIL ACTION - LAW zo _
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Defendant ) IN DIVORCE v? -= ?
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DEFENDANT'S PETITION FOR SPECIAL RELIEF PURSUANT TO RULE 1920.43
AND NOW, comes Defendant, Susan Campbell, by and through her counsel, Howett,
Kissinger, & Holst, P.C., who hereby files the instant Petition for Special Relief Pursuant to Rule
1920.43 and in support thereof avers as follows:
Petitioner is Susan Campbell ("Wife"), Defendant in the above-captioned divorce
action.
2. Respondent is Kenneth Campbell ("Husband"), Plaintiff in the above-captioned
divorce action.
3. Husband initiated an action for divorce against Wife in the Court of Common
Pleas of Cumberland County, in which he raised a count for equitable distribution of marital
property.
4. Wife filed a supplemental petition, in which she raised the claims of, inter alia,
alimony and counsel fees, costs and expenses.
During marriage, Husband worked for Amtrak, and, as a result of said
employment, Husband accumulated both a Federal Railroad Retirement Pension and a 401(k)
account through Amtrak; both are marital assets.
6. During the latter part of the marriage, Husband earned between $85,000 and
$100,000 through his railroad employment; his income has generally been in excess of two times
that of Wife's income.
7. At the time the parties separated on or about September 26, 2009, Husband's
Amtrak 401(k) had a balance of $92,932.37.
In October, 2009, the Cumberland County Domestic Relations entered an agreed
upon support order, in which Husband was to pay Wife spousal support in the amount of $825
per month.
9. On January 11, 2010, after initiating the divorce action, Husband filed a Petition
for Special Relief alleging Wife unilaterally withdrew approximately $36,000 from joint bank
accounts at or around the time of separation without his permission or consent.
10. Husband requested the Court enter an order directing Wife to return the monies
and be enjoined from withdrawing monies from marital accounts without Husband's consent.
11. On January 19, 2010, the Court, per the Honorable J. Wesley Oler, Jr., entered a
Rule to Show Cause and temporary Order, in which the Court enjoined both parties from
dissipating, encumbering, transferring or otherwise depreciating the value of marital assets
except by mutual agreement, and scheduled a hearing for March 18, 2010. A copy of the Court's
January 19, 2010 Order is attached hereto as Exhibit "A," and is incorporated herein by reference
thereto.
12. On or about February 4, 2010, Wife filed an answer to Husband's special relief
petition, in which she acknowledged transferring $22,000 from the parties' joint savings account
to her individual account at or around the time of separation but asserted that Husband had
2
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roughly $20,000 of liquid assets within his sole possession and control as well as substantial
retirement assets, which he failed to acknowledge within his petition.
13. Further, Wife conceded the monies she transferred were marital assets that would
be credited to her as and for equitable distribution, and she acknowledged her willingness to have
the Court enter an order preventing either party from dissipating, alienating, encumbering or
removing marital assets pending final resolution.
14. At the time Wife filed her answer, the undersigned sent a letter to Husband's
counsel stating his belief there was no need for the March 18`h hearing and indicating a
willingness to have the parties enter into a stipulation preventing the dissipation and removal of
assets. A copy of counsel's February 4, 2010 letter is attached hereto as Exhibit "B," and is
incorporated herein by reference thereto.
15. On March 5, 2010, the undersigned faxed a letter to Husband's counsel conveying
Wife's formal offer to resolve the then pending matters by way of stipulation to obviate the need
for the March 18`'' hearing. A copy of counsel's March 5, 2010 letter is attached hereto as
Exhibit "C," and is incorporated herein by reference thereto.
16. On March 15, 2010, counsel spoke and were able to reach a resolution consistent
with the undersigned's March 5`'' letter concerning the issues scheduled for the Court on March
18, 2010. Counsel agreed to the preparation and execution of two stipulations, one for the
special relief matters raised by Husband, the second to facilitate the filing of a joint 2009 tax
return.
17. On March 18, 2010, the undersigned faxed to Husband's counsel drafts of the two
stipulation discussed on March 15, 2010. A copy of counsel's March 18, 2010 letter, along with
drafts of the two stipulations, are attached hereto collectively as Exhibit "D," and is incorporated
herein by reference thereto.
18. On March 18, 2010, Husband's counsel faxed a letter confirming Husband's
agreement to the proposal conveyed by the undersigned in his letter of March 5, 2010 and
confirming the hearing before Judge Oler had been canceled. A copy of Husband's counsel's
March 18, 2010 letter is attached hereto as Exhibit "E," and is incorporated herein by reference
thereto.
19. On March 29, 2010, the undersigned faxed a letter to Husband's counsel inquiring
as to the status of his and his client's review of the draft stipulations forwarded on March 18`h. A
copy of counsel's March 29, 2010 letter is attached hereto as Exhibit 'T," and is incorporated
herein by reference thereto.
20. On April 13, 2010, after not hearing from Husband's counsel, the undersigned
faxed a follow-up letter again inquiring as to the status of the two stipulations and noting the
urgency of executing same in light of the then pending April 15`h deadline to file joint taxes. A
copy of counsel's April 13, 2010 letter is attached hereto as Exhibit "G," and is incorporated
herein by reference thereto.
21. Wife and her counsel secured an extension for filing the parties' 2009 tax return,
and on April 15, 2010 the undersigned faxed a letter to Husband's counsel confirming the
extension, advising Wife was submitting her tax materials to the proposed accountant, and
requesting Husband return the executed stipulations as soon as possible. A copy of counsel's
April 15, 2010 letter is attached hereto as Exhibit "H," and is incorporated herein by reference
thereto.
4
22. On June 29, 2010, after the undersigned still had not received from Husband the
executed stipulations, counsel sent a letter to Husband's counsel requesting Husband execute and
return the stipulations and advising the parties' joint 2009 return had been prepared by the
accountant. A copy of counsel's June 29, 2010 letter is attached hereto as Exhibit "I," and is
incorporated herein by reference thereto.
23. On July 26, 2010, as Husband still had not forwarded executed stipulations, the
undersigned sent Husband's counsel another letter again requesting the executed stipulations be
forwarded for finalization. A copy of counsel's July 26, 2010 letter is attached hereto as Exhibit
"J," and is incorporated herein by reference thereto.
24. Despite Husband filing a Petition for Special Relief on January 11, 2010 alleging
Wife's dissipation of assets, and requesting an order preventing her ability to access marital
monies, on January 13, 2010 (two days after Husband filed his petition!) Husband unilaterally
withdrew $50,000 from his Amtrak 401(k) without the knowledge or consent of Wife.
25. Wife and her counsel did not learn of this surreptitious withdrawal until several
months later during the course of discovery when she received Husband's 401(k) statements.
26. On September 22, 2010, in light of Husband's continued failure to return the
executed stipulations, and with knowledge Husband had already surreptitiously liquidated
$50,000 from his 401(k) account, the undersigned sent Husband's counsel another letter again
requesting executed stipulations be forwarded and advising that, if Husband failed to forward
such executed stipulations, counsel would be constrained to file his own special relief petition to
prevent further dissipation of assets and would be requesting counsel fees. A copy of counsel's
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September 22, 2010 letter is attached hereto as Exhibit "K," and is incorporated herein by
reference thereto.
27. Even though Husband failed to return executed stipulations, he nevertheless did
file jointly with Wife on their 2009 tax return thereby fulfilling the terms of the one stipulation.
28. On December 22, 2010, as Husband still had failed to return executed stipulations,
the undersigned sent yet another letter to Husband's counsel again insisting that executed
stipulations be forwarded for finalization. A copy of counsel's December 22, 2010 letter is
attached hereto as Exhibit "L," and is incorporated herein by reference thereto..
29. On March 29, 2011, over one yggr after the draft stipulations were sent to
Husband, the undersigned sent yet another letter to Husband's counsel demanding he forward
executed stipulations. A copy of counsel's March 29, 2011 letter is attached hereto as Exhibit
"M," and is incorporated herein by reference thereto.
30. In September, 2011, Wife and her counsel learned Husband had been fired from
his employment with Amtrak as Husband filed a petition to modify his spousal support
obligation.
31. On October 3, 2011, Wife's counsel forwarded a subpoena to Amtrak in order to
confirm all retirement benefits to which Husband was entitled as a result of his employment.
32. In response to the subpoena, the Associate General Counsel for Amtrak forwarded
a letter on October 24, 2011 confirming Husband was entitled to his Railroad Retirement Pension
and his 401(k) plan, but advising Husband withdrew money from his 401(k) plan in October,
2011. A copy of the October 24, 2011 letter from Amtrak is attached hereto as Exhibit "N," and
is incorporated herein by reference thereto.
6
33. While the letter advises Husband took a distribution from his 401(k) plan in
October, 2011, the letter does not indicate whether Husband withdrew all or a portion of his
401(k) balance, which had a value of approximately $72,801.47 as of June 20, 2011.
34. As neither Husband nor his counsel previously advised of Husband's intention to
again withdraw monies from his 401(k) account, despite his own request that the Court prevent
dissipation and dissolution of marital assets, and notwithstanding the fact that for over a y?ar and
a half (and through a minimum of eight letters) Wife has sought to have Husband return the
executed stipulation to fulfill the settlement agreement reached on March 15, 2010 that prevented
both parties from dissipating marital assets (and further notwithstanding the Court's January 19,
2010 Order preventing the dissipation of assets), on October 26, 2011 the undersigned sent a
letter to Husband's counsel demanding immediate confirmation of any withdrawals Husband
made from his 401(k) account as well as the remaining balance thereof. A copy of counsel's
October 26, 2011 letter is attached hereto as Exhibit "O," and is incorporated herein by reference
thereto.
35. As of the date Wife files this Petition for Special Relief, neither Husband nor his
counsel has provided any such confirmation.
36. Pursuant to Rule 1920.43 of the Pennsylvania Rules of Civil Procedure, at
anytime after the filing of a complaint for divorce a party may file a petition for special relief,
and the Court has the authority to issue any order necessary to prevent the removal, dissipation,
alienation or encumbering a marital property or any other relief the Court deems appropriate.
7
37. Section 3323(f) of the Divorce Code affords a divorce court full equity power and
jurisdiction to issue any orders or injunctions necessary to protect the interest of the parties or to
effectuate the intent of the Divorce Code.
38. An equitable distribution of the marital estate will require Husband to transfer
assets to Wife, and Husband's Amtrak 401(k) account was the most effective asset from which to
effectuate a transfer to achieve equitable distribution.
39. If Husband has withdrawn and exhausted all of his 401(k) monies, Husband will
frustrate Wife's claim for equitable distribution.
40. To prevent further dissipation of the marital estate, this Court must enter an order
compelling Husband to account for the monies withdrawn from his 401(k) account, freezing all
investment and retirement accounts to prevent further dissipation, and freezing any 401(k)
monies remaining that may now be in Husband's bank accounts.
41. Husband's willful failure to execute the stipulation prepared in March, 2010 to
fulfill the settlement on Husband's special relief petition, which prevented both parties from
dissipating marital assets, and his blatant disregard of the settlement by withdrawing additional
monies from his 401(k) account, constitutes bad faith that warrants an award of counsel fees to
Wife.
42. Wife has incurred counsel fees in excess of $500, and will continue to incur
counsel fees in litigating this matter.
43. In the absence of the Court granting the instant request for relief, Wife's interest
in the marital estate and to equitable distribution thereof could be irreparably damaged.
44. As the instant petition is for emergency, special relief, the undersigned did not
seek opposing counsel's concurrence on this matter, as provided for in Local Rule 208.2(d), but
counsel did attempt to address and resolve this matter before filing (see Exhibit "O").
45. The Honorable J. Wesley Oler, Jr. has had prior involvement in this case.
WHEREFORE, Wife respectfully requests this Honorable Court enter an order granting
her request for special relief and directing the following:
A. That, during the course of litigation, neither party shall alienate, liquidate,
encumber, dissipate or discreet any marital assets absent agreement of the parties or order of
court;
B. That all of the parties' investment and retirement accounts be frozen on an
immediate basis such that, absent mutual agreement or further order of court, neither party can
access same without being in contempt of court;
C. That notice of said freeze order be served upon all investment and retirement
account administrators;
D. That Husband provide an accounting of all monies withdrawn from his Amtrak
401(k) account, or any other retirement account, and the disposition of said proceeds;
E. That, if monies withdrawn from any retirement account presently remain in a bank
account, that said monies be frozen and preserved for equitable distribution; and
9
F. Any other relief the Court deems just and equitable under the circumstances
following hearing.
Respectfully submitted,
Date:
Darren J. Ho t, Esquire
HOWETT, KISSINGER & HOLST, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant, Susan Campbell
10
VERIFICATION
I, Susan L. Campbell, hereby swear and affirm that the facts contained in the foregoing
Defendant's Petiticn for Se, al Relief Pursuant to Rule 1920.43 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. (? U 10 CtYL- L (? 11/04/11 ryl?
DATE Susan L. Campbell
?r? ?,?
KENNETH CAMPBELL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
SUSAN CAMPBELL,
Defendant NO. 10-296 CIVIL TERM
IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 19th day of January, 2010, upon consideration of Plaintiff's
Petition for Special Relief, a Rule is issued upon Defendant to show cause, if any, why
the relief requested should not be granted.
RULE RETURNABLE at a hearing scheduled for Thursday, March 18, 2010, at
1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
PENDING the hearing and further order of court, neither party shall dissipate,
encumber, transfer and otherwise depreciate the value of any marital asset except by
mutual agreement.
BY THE COURT,
J. Wesley Oler, Jr., J.
P. Richard Wagner, Esq.
2233 North Front Street
Harrisburg, PA 17110
Attorney for Plaintiff
Darr J. Holst, Esq.
1 Walnut Street
.O. Box 810
Harrisburg, PA 17108
Attorney for Defendant
:rc
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LAW OFFICES OF
HOWETT, KISSINGER Sc HOLST, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
HARRISBURG, PENNSYLVANIA 17108
JOHN C. HOWETT, JR.
DONALD T. KISSINGER
DARREN J. HOLST
DEBRA M. SHIMP
Legal Assistant
February 4, 2010
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
Re: Campbell v. Campbell
Dear Rich:
(717) 234-2616
FAX (717) 234-5402
Enclosed you will find copies of Ms. Campbell's Answer to your Special Relief Petition
along with her Petition Raising Supplemental Divorce Claims, both of which our office mailed to
the Court for filing today.
I would. be more than willing to speak to you about the concept of executing an
appropriate stipulation resolving the issues scheduled for hearing on March 18th. I do not see that
it is in either party's interests to spend money litigating interim and collateral issues. Rather, it
make sense for the attorneys to determine the extent and value of the marital estate and see if it is
possible to reach an acceptable economic resolution. After you have had the opportunity to
review the enclosed pleadings with your client, please give me a call at your convenience.
Sincerely,
,--- Dj
Darren J. Holst
DJH/djk
Enclosures
cc: Susan L. Campbell (w/encls)
,? ..
??,??;
' LAW OFFICES OF
HOWETT, KISSINGER & HOLST, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
HARRISBURG. PENNSYLVANIA 17108
JOHN C. HOWETT, JR.
DONALD T. KISSINGER
DARREN J. HOLST
DEBRA M.SHIMP
Legal Assistant
March 5, 2010
RA FAX (717) 234-7080 & MAIL
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
Re: Campbell v. Campbell
Dear Rich:
(717) 234-2616
FAX (717) 234-5402
The hearing on your client's Petition for Special Relief is now approximately two weeks
away. Your client's answers to my outstanding discovery are due on Monday, March 8th. Kindly
confirm his responses will be received on that date.
As to the petition itself, please accept the following as a proposal for settlement. Your
petition sought to have my client return to the joint PNC account the sum of $36,000.00. As a
preliminary matter, the $13,000.00 that was transferred from the joint account to my client's
individual account in March, 2009 was done six months before separation and with the
knowledge of your client during the six months leading up to separation. I therefore see no
likelihood that that amount will be returned by the Court. With respect to the remaining
$22,000.00, it is now apparent to me, based upon information provided by my client, that your
client received in excess $16,000.00 at or after separation by redeeming two certificate of
deposits. He also has a business bank account in the name of Ascribe Communications, and he
also received some the of the jointly titled checking account at the time of separation. Thus, the
parties each maintained a relatively identical amount of cash following separation. This fact, in
addition to the fact that virtually the entire remaining estate is comprised of assets already in your
client's possession, leads me to conclude that Judge Oler will not direct a return of any money
from either party. My client is therefore willing to resolve matters consistent with the following,
which would be executed as a stipulation and entered as an order of the court:
1. Pending resolution of the divorce and economic claims, neither party will
dissipate, secret, encumber or alienate any marital assets.
2. Each party will be charged as and for equitable distribution with the money that
was in their possession at the time of separation or which was received by them following
separation from the liquidation of any marital assets.
P. Richard Wagner, Esquire
March 5, 2010
Page Two
3. My client will receive exclusive use and possession of the marital residence
pending further agreement of the parties or order of court.
4. Each party will maintain the other party as beneficiary on all existing retirement,
life insurance and health insurance policies pending further agreement of the parties or order of
court.
Speak to your client about the above proposal. In addition to receiving your client's
discovery answers, I look forward to receiving your response to. the proposal.
Sincerely,
Darren J. Holst
DJH/glg
cc: Susan L. Campbell
zX1 / 8?
LAW OFFICES OF
HOWETT, KISSINGER & HOLST, P.C.
JOHN C. HOWETT. JR.
DONALD T. KISSINGER
DARREN J. HOLS'r
LESLEY J. BEAM
DEBRA M. SHIMP
Leeal Assistant
VIA FAX (717) 234-7080
AND REGULAR MAIL
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
130 WALNUT STREET
POST OFFICE BOX 810
HARRISBURG, PENNSYLVANIA 17108
(717) 234-2616
FAX (717) 234-5402
March 18, 2010
Re: Campbell v. Campbell
Dear Rich:
In order to memorialize the interim settlement that we reached on this past Monday,
March 15", thereby obviating the need for today's hearing before Judge Oler, I have prepared
drafts of two stipulations, both of which are enclosed herein for your review.
The first is a stipulation for tax indemnification. Pursuant to the stipulation, the parties
agree to cooperate in the preparation and filing of joint federal and state income tax returns for
2009; any tax refund will be shared equally by the parties. Each party further agrees to indemnify
the other to the extent the IRS levies any type of tax, penalty or interest as a result of either party
failing to claim income or taking an inappropriate deduction.
The second stipulation is captioned as a "Stipulation On Interim Divorces." Pursuant to
the stipulation, Ms. Campbell will receive exclusive use and possession of the marital residence;
the parties will maintain the other as death beneficiaries on existing marital retirement benefits
and life insurance policies; there is an acknowledgment that any and all marital assets in each
party's respective possession as of separation or utilized thereafter shall be deemed a marital
asset subject to equitable distribution; and, finally, there is a warranty that neither pal ty has
dissipated or disposed of assets, and their agreement not to do so during the pendency of the
divorce action.
Please review both stipulations with Mr. Campbell and, at your earliest convenience,
confirm that they are ready for finalization and execution. I will then take the steps to have Ms.
Campbell execute both stipulations and will forward them to you for Mr. Campbell's execution.
Ms. Susan L Campbell
March 18, 2010
Page Two
When we spoke on Monday, you indicated you would inform the court a settlement had
been reached and that there would be no need for today's hearing before Judge Oler. I presume
you did contact Ruth at Judge Oler's chambers to advise of the settlement. I do want to take the
time to thank you for your cooperation in resolving these interim issues on an amicable basis.
You and I can now turn our attention to resolving the divorce itself and the attended economic
issues.
Sincerely,
DJH/djk
Enclosures
Darren J. Holst
cc: Susan L. Campbell (w/encls)
401-, It)
Fr
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COL?'TY, PENNSYLVANIA
KENNETH CAMPBELL, )
Plaintiff )
V. )
SUSAN CAMPBELL, )
Defendant )
NO. 10-296 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT RE: STIPULATION ON INTERIM DIVORCE ISSUES
AND NOW, this . day of
2010, upon consideration of the
parties' Stipulation On Interim Divorce Issues, the Court hereby ORDERS and DECREES that
the terms and conditions of said Stipulation are incorporated herein and made an Order of Court.
Accordingly, the hearing before the undersigned scheduled for March 18, 2010, but continued to
permit execution of the Stipulation, is hereby CANCELLED, and this Order fully resolves
Plaintiff's Petition for Special Relief, filed on January 11, 2010, and Defendant's Answer thereto.
BY THE COURT:
J. Wesley Oler, Jr., J.
Distribution:
Darren J. Holst, Esq., P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616
P. Richard Wagner, Esq., 2233 N. Front Street, Harrisburg, PA 17110, (717) 234-7051
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH CAMPBELL,
Plaintiff ) NO. 10-296 CIVIL TERM
V. )
SUSAN CAMPBELL, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
STIPULATION ON INTERIM DIVORCE ISSUES
THIS STIPULATION is made this day of , 2010, by and
between KENNETH CAMPBELL (hereafter "Husband"), of Cumberland County,
Pennsylvania, and SUSAN CAMPBELL (hereafter "Wife"), of Cumberland County,
Pennsylvania;
WITNESSETH:
WHEREAS, the parties lawfully married on June 12, 1981 in Watton, England and are
the biological parents of two children, both of whom are emancipated and in college;
WHEREAS, during marriage the parties resided at 365 Lowther Street, Lemoyne,
Cumberland County, Pennsylvania 17043 (hereafter "Marital Residence");
WHEREAS, the parties physically separated on September 26, 2009 when Husband
vacated the Marital Residence;
WHEREAS, following separation Wife initiated an action for spousal support in the
Court of Common Pleas of Cumberland County, Pennsylvania and on October 21, 2009, the
Court entered an agreed upon order in the amount of $825.00 per month;
WHEREAS, as part of the support order Husband provides medical insurance coverage
for Wife;
WHEREAS, during marriage both parties accumulated retirement benefits on which the
other spouse is named as death beneficiary;
WHEREAS, during marriage Husband maintained a whole life insurance policy with
Conseco Life, on which Wife is named death beneficiary;
WHEREAS, at or around the time of separation, the parties maintained marital cash and
investments accounts, including, but not limited to, three bank accounts, an investment account
and two certificates of deposit with PNC Bank;
WHEREAS; on or about January 11, 2010, Husband initiated the above-captioned
divorce action by filing a complaint for divorce and equitable distribution of marital property;
WHEREAS, on February 5, 2010, Wife filed a petition raising supplemental divorce
claims including, but not limited to, exclusive possession of the marital residence, continued
maintenance of beneficiary designations; and counsel fees, costs and expenses;
WHEREAS, contemporaneously with the filing of his divorce complaint, Husband also
filed a petition for special relief alleging potential dissipation of marital property, and a hearing
on said petition was scheduled for March 18, 2010 before the Court of Common Pleas of
Cumberland County but continued generally in light of settlement;
WHEREAS, the parties hereto are desirous of resolving the issues set for disposition at
the March 18`h hearing, as well as other interim divorce issues, without the necessity of formal
court intervention.
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 the parties, Husband and Wife,
each intending to be legally bound hereby, covenant and agree as follows:
Wife shall have exclusive use and possession of the Marital Residence
pending further agreement of the parties or order of court.
2. Except as otherwise set forth below, Husband shall be prohibited from
entering onto the premises of the Marital Residence absent subsequent written agreement of the
parties or order of court.
During the pendency of the divorce action, Husband shall be entitled to
enter into the Marital Residence on a mutually agreeable date and time for purposes of inspecting
the contents of the home, if necessary, to permit an accurate inventory of the marital personalty
and furnishings and valuation thereof for equitable distribution. If Husband retains an appraiser
to value the marital personalty and furnishings, Wife shall afford the appraiser access to the
Marital Residence on a mutually agreeable date and time for purposes of the appraisal.
4. Furthermore, if Husband retains an appraiser to value the Marital
Residence as part of the underlying equitable distribution action, Wife shall permit Husband's
retained appraiser to have access to the Marital Residence on a mutually agreeable date and time
for purposes of the appraisal.
Husband agrees to provide Wife, no later than sixty (60) days following
the execution date of this Stipulation, an inventory of the marital personalty and furnishings he
removed from the Marital Residence at or around the time he vacated the Marital Residence. If
Wife retains an appraiser to value the marital personalty and furnishings, Husband shall afford
the appraiser access to the marital personalty and furnishings in his possession on a mutually
acceptable date and time for purposes of the appraisal.
6. During the pendency of the instant divorce action, and until such time as a
divorce decree is entered, each party shall maintain the other as death beneficiary on any and all
retirement plans and life insurance policies maintained by either party during the marriage, and
Husband shall continue to maintain health insurance coverage for Wife's benefit.
7. Each party hereby acknowledges any and all marital assets within his or
her possession at the time of separation, or any marital asset received by them following
separation, including, but not limited to, any and all monies existing in cash or investment
accounts, or otherwise received through the liquidation of certificates of deposit, shall be
considered as an asset in equitable distribution to the extent it falls within the definition of
"marital property" as defined by Section 3501 of the Divorce Code.
8. Pending resolution of the parties' divorce and underlying economic issues,
each party agrees he or she will not dispose, dissipate, encumber, secret or alienate any items of
marital property within his or her respective control or possession. Each party warrants he or she
has not previously dissipated, disposed, secreted, encumbered or alienated any items of marital
property.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the day and
date of their acknowledgment.
WITNESS
WITNESS
KENNETH CAMPBELL
SUSAN CAMPBELL
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared KENNETH
CAMPBELL, 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 day of
2010.
Notary Public in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
My commission expires:
COMMONWEALTH OF PEN,NiSYLVANIA
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared SUSAN
CAMPBELL, 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 day of
2010.
Notary Public in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
My commission expires:
V
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEti`NSYLVANI.A
KENNETH CAMPBELL,
Plaintiff ) NO. 10-296 Civil Term
V. )
SUSAN' CAMPBELL, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
STIPULATION FOR TAX INDEMNIFICATION
This STIPULATION is made this day of , 2010, by
and between KENNETH CAMPBELL (hereafter "Husband"), of Cumberland County,
Pennsylvania and SUSAN CAMPBELL (hereafter " Wife"), of Cumberland County,
Pennsylvania;
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, who were lawfully married on June
12, 1981 in Watton, England;
WHEREAS, Husband initiated a divorce action in the Court of Common Pleas of
Cumberland County at the above-captioned action number on or about January 11, 2010;
WHEREAS, the parties physically separated on September 26, 2009;
WHEREAS, as the parties remain married as of December 31, 2009, they are entitled to
file jointly on their federal and state income tax returns for tax year 2009,
WHEREAS, insomuch as the parties resided together for the majority of last year, it is
economically beneficial for the parties to file jointly for tax year 2009;
WHEREAS, the majority of each party's taxable income comes from wages from his or
her employment;
WHEREAS, in previous tax years, including, but not limited to tax year 2008, Husband
has also reported income from a sole proprietorship contracting business on Schedule C of their
jointly filed tax returns;
WHEREAS, Wife has had no involvement in Husband's sole proprietorship, and she had
no involvement in any such endeavor in tax year 2009;
WHEREAS, as a result of Wife not having.any involvement in Husband's sole
proprietorship, she has no independent. knowledge as to the veracity of any reported income
and/or business deductions claimed by Husband on Schedule C, "Profit and Loss from Business,"
to the extent any such a schedule is to be attached to a joint 2009 tax return;
WHEREAS, the parties are desirous of resolving all issues between them in relation to
the filing of' joint 2009 federal and state income tax returns so that each party can enjoy the
benefits of a joint filing while, at the same time, eliminate any exposure to liability either party
may have in relation to the other party's claimed income and/or deductions.
NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by
reference herein and deemed an essential part hereof, and intending to be legally bound hereby,
and for other good and sufficient consideration, the receipt of which is hereby acknowledged, the
parties mutually agree as follows:
The parties shall cooperate in all respects in the preparation, signing and filing of
joint 2009 federal and state income tax returns, including, but not limited to, providing all
necessary income and expense documentation to the tax return preparer.
2. Said 2009 tax returns shall be prepared by a mutually agreeable accountant, and
costs or expenses incurred as a result of the preparation of said returns shall be divided equally
between the parties.
Any tax refund received as a result of the joint 2009 federal and state income
tax returns shall be shared equally by the parties.
4. If any penalty, interest or any other liability is assessed by the United States
Internal Revenue Service. or the Pennsylvania State Department of Revenue for the failure to.
timely or properly declare income or the wrongful claiming of any deductions, said penalty,
interest or liability shall be paid by, and be solely attributable to, the party who failed to timely or
properly declare the income or wrongfully claimed deductions, and he or she shall indemnify and
hold the other party, his or her successors, assigns, heirs, executors and administrators harmless
from any such cost or liability, including reasonable attorneys' fees, incurred by the party, his or
her successors, assigns, heirs, executors and administrators in defending against an action
brought by any taxing authority for the other party's failure to timely or properly declare income
or wrongful claiming of deductions.
IN WITNESS WHEREOF, the parties hereto evidence their agreement to be bound by
the above terms as of the day and date written above.
WITNESS KENNETH CAMPBELL
WITNESS SUSAN CAMPBELL
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared KENNETH
CAMPBELL, known to me to be the person who executed the foregoing instrument, and who
acknowledged tome that he executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
2010.
Notary Public in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
My commission expires:
COMMONWEALTH OF PEti`NSYLVANIA
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared SUSAN
CAMPBELL, 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 day of
2010.
Notary Public in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
My commission expires:
?,???%?
fq nn1 t Faces ?_???
JOHN D, MANCKF_
P, RICHARD WAGNER
EDWARD F. SPREHA,.,IR,
Sent Via Fax
Darren J. Holst, Esquire
130 Walnut Street
P.O. Box 810
Harrisburg, PA - 17108
Re: Campbell v, Campbell.
Dear Darren:
March 18, 2010
PHONE (717) 234-7051
(FAX (717) 234-7090
This letter, is being dictated during a telephone conference in the presence of Mx t.
Campbell.
As 1. indicated to you, Mr. Campbell respectfully disputes much of what you have
indicated in your. letter of March. 5, 2010. Nonetheless, with a view towards preserving the
various rights that ea.ch party has in the divorce proceeding, he is willing to ewer into an
agreement consistent with. the four (4) proposals that you made' in, your letter of. March 5, 201.0.
This letter will serve to con Irm the same, and I will contact Judge Oler and advise
accordingly.
Your attention. is appreciated.
Vagner
PRW/dks
LAW OFFICES
MANCKE, WAGNER & SPREHA
273,41 NORT)•I FRONT STREFT
HARRISBURG, FA 17110
cc: Mr. Ken Campbell.
???g?T
JOHN C. HOWETT. JR.
DONALD T. KISSINGER
DARREN J. HOLST
LESLEY J. BEAM
DEBRA M. SHIMP
Legal Assistant
(717) 234-2616
FAX (717) 234-5402
March 29, 2010
VIA FAX (717) 234-7080 ONLY
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
Dear Rich:
Re: Campbell v. Campbell
At your earliest convenience this week, please give me a call regarding the
above-referenced case. First, I wanted to check on the status of the two draft
stipulations that I faxed the other week for you and your client's review. I would
like to finalize both stipulations, particularly the tax stipulation insomuch as April
15th is fast approaching, and the parties must coordinate to prepare and file the
anticipated joint return. I want to be sure they have time to do so.
Secondly, I just wanted to check on the status of the discovery response.
Has your office had a chance to organize Mr. Campbell's production? If so,
please forward that to me as I would like to move forward on analyzing the estate.
Sincerely,
LAW OFFICES OF
HOWETT, KISSINGER & HOLST, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
HARRISBURG, PENNSYLVANIA 17108
I r
Darren J. Holst
DJH/glg
cc: Susan L. Campbell
7 1 Z)l 7-
C?"?
LAW OFFICES OF
HOWETT
KISSINGER & HOLST
P.C.
,
,
130 WALNUT STREET
POST OFFICE BOX 810
HARRISBURG, PENNSYLVANIA 17108
JOHN C. HOWETT, JR.
DONALD T. KISSINGER
DARREN J. HOLST
LESLEY 1. BEAM
DEBRA M. SHIMF
Legal Assistant
April 13, 2010
VIA FAX ONLY (717) 234-7080
P. Richard Wagner, Esquire
MANCKE, W AGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
Re: Campbell v. Campbell
Dear Rich:
(717) 234-2616
FAX (717) 234-5402
I have attempted to contact you on several occasions over the last two weeks concerning
the above-referenced matter. Specifically, I was seeking the status of the draft tax stipulation
forwarded on March 18th
The April 15th deadline for filing taxes is this Thursday. In the absence of a finalized and
executed stipulation, my client will have no choice but to secure the preparation of a separately
filed tax return for 2009. She will need to proceed in such a fashion no later than tomorrow April
14th.
Therefore, I would kindly request that you advise by the close of business today when the
tax stipulation can be finalized and immediately executed by the parties so that the parties have
sufficient time to prepare the joint tax return.
Sincerely,
Darren J. Holst
DJH/dj k
cc: Susan L. Campbell
?i??1 ??7
LAW OFFICES OF
HOWETT, KISSINGER & HOLST, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
HARRISBURG, PENNSYLVANIA 17108
JOHN C. HOWETT, JR.
DONALD T. KISSINGER
DARREN J. HOLST
LESLEY J. BEAM
DEBRA M. SHIMP
Legal Assistant April 15, 2010
VIA FAX ONLY (717) 234-7080
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
Re: Campbell v. Campbell
Dear Rich:
(717) 234-2616
FAX (717) 234-5402
Ms. Campbell contacted Mike Signor at Seligman Friedman the other day following our
conversation regarding the 2009 tax return. Mr. Signor has agreed to prepare the parties' return,
and he has filed an extension on their behalf in order to give the parties some additional time to
prepare and file their return.
Ms. Campbell is taking her tax information to Mr. Signor next Tuesday, April 201h
Please have Mr. Campbell contact Mr. Signor at (717) 761-0211 so that he can make
arrangements to drop off his tax information in the very near future.
At your earliest convenience, please forward the signed tax indemnification stipulation so
that it may be signed by Ms. Campbell.
Sincerely,
Darren J. Holst
DJHidjk
cc: Susan L. Campbell
??????-
LAW OFFICES OF
HOWETT, KISSINGER & HOLST, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
HARRISBURG, PENNSYLVANIA 17108
JOHN C. HOWETT, JR.
DONALD T. KISSINGER
DARREN J. HOLST
LESLEY J. BEAM (717) 234-2616
FAX (717) 234-5402
DEBRA M. SHIMP
Legal Assistant
June 29, 2010
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
Re: Campbell v. Campbell
Dear Rich:
Mike Signor called this afternoon to report that the parties' joint 2009 return is
completed. He was going to provide copies of the return to both parties in order to allow each
party to discuss the return with their counsel. After the parties have the opportunity to review
their return with counsel, Mike intends to coordinate each party's signature on the original return
and get them filed.
In the meantime, while you have previously acknowledged that the terms of the proposed
tax indemnification stipulation were acceptable, and that your client had executed the stipulation,
I have not received back from you the stipulation signed by your client. I would certainly like to
have a fully executed stipulation in my file, so I would greatly appreciate you obtaining the
signed stipulation from your client and returning it to me for my client's execution.
At the same time, I have also not received from your client the signed stipulation
concerning interim divorce issues, which was prepared to resolve the issues that had been set for
hearing before Judge Oler in March. Again, I would like to have a fully executed stipulation in
my file, so I thank you in advance for procuring and sending to me both of the executed
stipulations.
Sincerely,
arren J. Holst
DJH/djk
cc: Susan L. Campbell
??'??'?
LAW OFFICES OF
HOWETT, KISSiNGER c& HOLST, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
JOHN C. HOWETT, JR. HARRISBURG, PENNSYLVANIA 17108
DONALD T. KISSINGER
DARREN J. HOLST
LESLEY J. BEAM
DEBRA M. SHIMP
Legal Assistant
July 26, 2010
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
Re: Campbell v. Campbell
Dear Rich:
(717) 234-2616
FAX (717) 234-5402
We were not able to meet today in the above-referenced matter due to your
Court schedule. While I am certain we will reschedule the settlement conference,
I am requesting at this time that you forward the executed Stipulations that were
sent to your client this past March. It is imperative that we have executed
Stipulations on those subjects (and at this time the Stipulations have not been
executed by my client insomuch as they have not been returned). The Stipulations
further need to be entered as an Order of Court, primarily the Stipulation
regarding interim divorce issues, since the discovery responses indicated that your
client has liquidated money from not only the two certificates of deposit but also
the PNC investment account and his 401(k) account. An order is therefore
necessary to ensure that further liquidations do not occur.
I thank you in advance for forwarding the executed Stipulations within the
next two weeks.
Sincerely,
Darren J. Holst
DJH/glg
cc: Susan Campbell
I
MT/ . 7--
k
LAW OFFICES OF
• HOWETT, KISSINGER & HOLST, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
HARRISBURG, PENNSYLVANIA 17108
JOHN C. HOWETT, JR.
DONALD T. KISSINGER
DARREN J. HOLST
LESLEY J. BEAM
DEBRA M. SHIMP
Legal Assistant
September 22, 2010
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
Re: Campbell v. Campbell
Dear Rich:
(717) 234-2616
FAX (717) 234-5402
On several occasions since March, I have asked you to forward to me both the stipulation
for tax indemnification and stipulation concerning interim divorce issues, both of which you have
reported are signed by your client, in order to allow execution by my client and submission to the
Court. My most recent letter was dated July 25, 2010.
As I indicated in my most recent letter, it is most imperative the stipulation on the interim
divorce issues be signed and entered as an order of court. That stipulation and order would
prevent either party from taking steps to dispose, dissipate, encumber, secrete or alienate any
items of marital property. While it was your client who initially sought such relief, the discovery
you forwarded on your client's behalf showed that he has already liquidated a fairly significant
portion of his retirement benefits. Without the executed stipulation and order, nothing prevents
your client from continuing to appropriate marital monies for separate purposes.
If the executed stipulations are not returned to me by the end of this month, my client and
I will be constrained to file our own special relief petition in order to, once and for all, obtain an
order preventing either party from dissipating assets during the pendency of this action. If I have
to file such a petition, I will request counsel fees given the unreasonable delay that has occurred
in getting these stipulations fully executed. Thus, I would respectfully request your client
forward the stipulations by the end of the month to allow my client to execute both and have
appropriate orders entered.
incerely,
Darren J. Holst
DJH/djk
cc: Susan 11. Campbell
LAW OFFICES OF
HOWETT, KISSINGER & IIOL,ST, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
HARRISBURG, PENNSYLVANIA 17108
JOHN C. HOWETT. JR.
DONALD T. KISSINGER
DARREN J. HOLST
LESLEY J. BEAM
DEBRA M. SHIMP
Legal Assistant
December 22, 2010
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
Re: Campbell v. Campbell
Dear Rich:
(717) 234-2616
FAX (717) 234-5402
Since March of this year, I have made countless requests to you that your client return to
me both the Stipulation for Tax Indemnification and Stipulation Resolving Interim Divorce
Issues that you have said were executed by your client. The stipulations were forwarded to you
and your client in March; they have been purportedly signed by your client; but they have never
been returned to me for execution by my client. In addition to the several letters sent to you
concerning this matter, I have spoken to you on at least two occasions about getting these matters
finalized. I have even gone so far as to state that I will be constrained to seek relief from the
Court on these matters.
I have been extremely patient thus far, but my patience is wearing thin. I have insisted on
having the stipulations executed inasmuch as your client withdrew $50,000 from his retirement
account immediately prior to March, 2010, and the hearing that had been scheduled on your
special relief petition. Recent actions by your client again bring these issues to the forefront.
Pursuant to the parties' agreement concerning the filing of a joint 2009 tax return, any
refund received was to be shared equally by the parties. Ms. Campbell received a tax refund
check from the IRS in the amount of $159 made payable to both parties. On December 17, 2010,
she deposited this joint check into the parties' joint bank account. Three days later, on December
20th, your client withdrew the entire $159 even though he was entitled on only one-half thereof.
In response to your client's actions, Ms. Campbell withdrew $69 that had remained in the
joint account leaving the account balance at $1. She took said $69 as partof the refund owed to
her. However, she is still owed $10.50 from your client, and as I wish to avoid spending
significant counsel fees on such a minor issue, please direct your client to pay Ms. Campbell the
remaining $10.50. This will then result in the parties each receiving one-half of the $159 tax
refund.
P. Richard. Wagner, Esquire
December 22, 2010
Page Two
I also am insisting that you return the executed stipulations to my attention to allow them
to be executed by my client and filed with the Court. Thank you.
Sincerely,
r
arren J. Holst
DJH/dj k
cc: Susan L. Campbell
p
............
• i ' LAW OFFICES OF
HOWETT, KISSINGER & HOLST, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
HARRISBURG, PENNSYLVANIA 17108
JOHN C. HOWETT, JR.
DONALD T. KISSINGER
DARREN J. HOLST
LESLEY J. BEAM
DEBRA M. SHIMP March 29, 2011
Legal Assistant
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
Re: Campbell v. Campbell
Dear Rich:
(717) 234-2616
FAX (717) 234-5402
Thank you for your letter of March 25`h in the above-referenced matter. I am forwarding
that letter to my client to see if she remains willing to sit down for a 4-party conference.
You are correct that, over the last year, there have been several occasions where
conferences have been scheduled but then canceled for various reasons. Over that same time
period, I have made multiple requests that your client execute and return to me the two
stipulations that were prepared prior to last March's scheduled hearing on your special relief
petition. Those two stipulations dealt with, one, the filing of a joint 2009 tax return (which is
now a moot point, because even though I never received back from you a signed stipulation, the
parties did file jointly), and, two, the stipulation concerning interim divorce issues. This
stipulation is more significant as it dealt with assuring neither party would dissipate or remove
assets from the marital estate.
This second stipulation remains outstanding and unexecuted. I have made multiple
requests by letter that this stipulation be signed and returned so that it can be entered as an Order
of Court. I am particularly concerned inasmuch as your client withdrew $50,000 from his
retirement in order to purchase his new residence. I will be happy to inquire of my client as to
her willingness to reschedule a 4-party conference, but I am respectfully requesting that you
please get your client to return the executed Stipulation regarding interim divorce issues.
I very much appreciate your attention to this matter.
Sincerely,
Darren J. Holst
DJH/glg
cc: Susan L. Campbell (w/encl.)
I L •
r#7
NATIONAL RAILROAD PASS-' ...ER CORPORATION
Amtrak Employee Service Center, 405 King Street, Wilmington, DE 19801
RECEIVED OCT 2 6 2011
A MT S2AK
4JW.
October 24, 2011
Mr. Darren Holst
Howett, Kissinger, & Holst
130 Walnut Street
PO Box 810
Harrisburg, PA 17108
Re: Campbell v. Campbell
Dear Mr. Holst,
Your letter and subpoena in the above matter have been forwarded to me for a response. Amtrak
hereby objects to the subpoena because it was not properly served. Nevertheless, and without
waiving service or any other objections, Kenneth Campbell's employment with Amtrak ended on
August 25, 2011.
I am advised that, based on his age and years of railroad service at the time of his separation, Mr.
Campbell is not eligible for Amtrak's retiree medical benefits. Our records indicate that Mr.
Campbell participated in Amtrak's 401k plan, but it appears he took a distribution in early
October 2011. If you would like further information regarding Mr. Campbell's participation in
the 401k plan you should direct your inquiries to Fidelity Investments, which administers the
plan and maintains records regarding individual participant accounts. To the extent the subpoena
seeks information regarding pension benefits to which Mr. Campbell may be entitled, you should
direct your inquiries to the Railroad Retirement Board, which is the federal agency that
administers, pays and maintains records regarding such benefits.
Please contact me at 202-906-2955 if you have any questions.
Sincerely,
'0;;-?
Thomas S. Bloom
Associate General Counsel
Cc: Robert Lynch
Roe Tana
Samantha Reilly
4, a-
LAW OFFICES OF
HOWETT, KISSINGER Sc HOLST, P.C.
130 WALNUT STREET
POST OFFICE BOX 810
HARRISBURG, PENNSYLVANIA 17108
JOHN C. HOWETT, JR.
DONALD T. KISSINGER
DARREN J. HOLST
LESLEY J. BEAM
DEBRA M. SHIMP
Legal Assistant
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
October 26, 2011
Re
Dear Rich:
Campbell v. Campbell
(717) 234-2616
FAX (717) 234-5402
I received the enclosed letter from Attorney Thomas S. Bloom, Associate General
Counsel of Amtrak, in response to the subpoena I recently sent requesting confirmation of the
retirement benefits to which Mr. Campbell is eligible as a result of his Amtrak employment. The
letter confines the retirement to which he is entitled is his 401(k) and his railroad retirement
pension.
However, the letter states Mr. Campbell's employment with Amtrak ended on August 25,
2011, which is roughly one month after Mr. Campbell indicated he had been
terminated/suspended. This letter seems to indicate that a final decision has been made with
respect to whether Mr. Campbell would be reinstated (at the support conference Mr. Campbell
said he was actively appealing his suspension and requesting reinstatement). I would ask that
you please confirm whether the reinstatement appeal is still pending or whether a final
determination has been made.
The letter further states that Mr. Campbell tools a distribution from his 401(k) plan in
October, 2011. I.would request that your client provide immediate confirmation of any
withdrawals he made from his 401(k) plan and what presently remains in the account. I further
require immediate confirmation of what Mr. Campbell did with any withdrawals from the
account, and if any remains, where that money is located.
I thank you in advance for your prompt attention to this matter.
Sincerely,
Darren J. Holst
DJH/glw
Enclosure
cc: Susan Campbell (w/encl.)
NATIONAL RAILROAD PASSENI. ORPORATION
Amtrak [mplo/ee Service Center, 405 King Street, Wilmington, Dc 19801
RECEIVED OCT 26 2011
-A AA-r R
October 24, 2011
Mr. Darren Holst
Howett, Kissinger, & Holst
130 Walnut Street
PO Box 810
Harrisburg, PA 17108
Re: Campbell v. Campbell
Dear Mr. Holst,
Your letter and subpoena in the above matter have been forwarded to me for a response. Amtrak
hereby objects to the subpoena because it was not properly served. Nevertheless, and without
waiving service or any other objections, Kenneth Campbell's employment with Amtrak ended on
August 25, 201 L
I am advised that, based on his age and years of railroad service at the time of his separation, Mr.
Campbell is not eligible for Amtrak's retiree medical benefits. Our records indicate that Mr.
Campbell participated in Amtrak's 401k plan, but it appears he took a distribution in early
October 201 L If you would like further information regarding Mr. Campbell's participation in
the 401k plan you should direct your inquiries to Fidelity Investments, which administers the
plan and maintains records regarding individual participant accounts. To the extent the subpoena
seeks information regarding pension benefits to which Mr. Campbell may be entitled, you should
direct your inquiries to the Railroad Retirement Board, which is the federal agency that
administers, pays and maintains records regarding such benefits.
Please contact me at 202-906-2955 if you have any questions.
Sincerely,
Thomas S. Bloom
Associate General Counsel
Cc: Robert Lynch
Roe Tana
Samantha Reilly
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH CAMPBELL,
Plaintiff
NO. 10-296 Civil Term
V.
SUSAN CAMPBELL,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Darren J. Holst, Esquire, counsel for Susan Campbell, Defendant in the above-
captioned action, hereby certify that a true and correct copy of the foregoing Petition for Special
Relief Pursuant to Rule 1920.43 was served upon P. Richard Wagner, Esquire, counsel for
Plaintiff, Kenneth Campbell, by depositing same in the United States mail, first class, on
November 4, 2011, addressed as follows:
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
Date: /? ?`f I t
Darre?Jol t, Esquire
HOWETT, KISSINGER & HOLST, P.C.
130 Walnut Street
P.O. BOX 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant, Susan Campbell
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH CAMPBELL,
Plaintiff
V.
SUSAN CAMPBELL,
Defendant
NO. 10-296 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
ORDER OF COURT RE: STIPULATION ON INTERIM DIVORCE ISSUES
AND NOW, this ' ? day of 126 e? W-.- , 201j, upon consideration of the
parties' Stipulation On Interim Divorce Issues, the Court hereby ORDERS and DECREES that
the terms and conditions of said Stipulation are incorporated herein and made an Order of Court.
Accordingly, the hearing before the undersigned scheduled for March 18, 2010, but continued to
permit execution of the Stipulation, is hereby CANCELLED, and this Order fully resolves
Plaintiff's Petition for Special Relief, filed on January 11, 2010, and Defendant's Answer thereto.
BY THE COURT:
,, J.
Distribution: MM ea
t/ Darren J. Holst
Esq.
P.O. Box 810
Harrisburg
PA 17108
(717) 234-2616 -
,
,
,
,
,
P. Richard Wagner, Esq., 2233 N. Front Street, Harrisburg, PA 17 110, (717) -7Q)
(' p? es jh,:I-ed /a/ao/il 2-1
-+
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH CAMPBELL, )
Plaintiff )
v. )
SUSAN CAMPBELL, )
Defendant )
NO. 10-296 CNIL TERM
CIVIL ACTION -LAW
IN DNORCE
INCOME AND EXPENSE STATEMENT OF SUSAN CAMPBELL
AND NOW, comes Defendant, Susan Campbell, who hereby submits the following Income &
Expense Statement:
INCOME
Employer: Rite-Aid _ ~ ~~ ~
Address: P.O. Box 3165, ,
Harrisburg, PA 17105
, > ` -==
_
Type of Work: Management ~ -~
Payroll Number: 861261 -- ' '
---
Pay Period (weekly, biweekly, etc.): Bi-weekly ~
~~~~ -;~. ~ ~, ,~`
Gross Pa er Pa Period: $1.540.00
~' J`'
,~ ~.~.
401(k) _
~ ~~_~ `
$ 219.64 ~ - -
Federal Withholding _
$ 193.87 ~ ~~_"~° . .
FICA $ 115.64
Local Wage Tax $ 29.68
State Income Tax $ 62.83
Health Insurance $ 149.74
Other (specify) $
State Unemployment Tax $ 1.76
Local Services Tax $ 2.00
Net Pay per Pay Period: $ 764.84
Net Pay per Month: $ 1,657.15 '
'$764.84 x 26 pay periods per year = $19,885.84 / 12 months = $1,657.15
Other Income:
Interest
Dividends
Pension Distributions
Annuity
Social Security
Rents
Royalties
Unemployment Comp.
Workers Comp.
Employer fringe benefits
Other
Total
TOTAL INCOME
EXPENSES
Home
Week Month Year
(Fill in Appropriate Column)
$ $ $
$ $ $
$ $ $
!
$ $ $
_
$ $ $
$ $ $
$ $ $
!
$ $ $
$ $ $_
$ $ $
$ $ $_
$ $ $
$ $ $
!
$ $ $
_
$ $1,657.15 $
Weekly Monthly Yearly
(Fill in Appropriate Column)
Mortgage/Rent $ $724.01 $
Maintenance $ $150.002 $
Utilities $ $ $
Electric $ $100.00 $
Gas $ $ 75.00 $
Oil $ $ $
Internet/telephone/T.V. $ $148.00 $
Cell phone $ $132.78 $
Water $ $120.00 $
Refuse $ $ 45.00 $
Furniture $ $ 10.00 $
Employment $ $_ $
Public transportation $ $ $
Lunch $ $ 50.00 $
Taxes $ $ $
Real Estate $ $ $
Personal property $ $ $
2~ addition to typical repair and maintenance expenses, this value includes the cost for a
new roof which has been amortized appropriately.
Income $ $ $
Weekly Monthly Yearly
(Fill in Appropriat e Column)
Insurance $ $ $
Homeowners $ $ $
Automobile $ $ 132.62
Life $ $ $
Accident -Death $ $ $
Health $ $ $
Automobile $ $ $
Payments $ $ $
Fuel $ $ 90.00 $
Maintenance/Repairs $ $ 16.67 $
Medical $ $ $
Doctor $ $ 150.00 $
Dentist $ $ 20A0 $
Orthodontist $ $ $
Hospital $ $ $
Medicine $ $ 100.00 $
Special Needs (braces, $ $ 8.33 $
glasses)
Education $ $ $
Private school $ $ $
Parochial school $ $ $
College $ $ $
Religious $ $ $
Personal $ $ $
Clothing $ $ 125.00 $
Food and household $ $ 350.00 $
supplies
Barber/hairdresser $ $ 50.00 $
Credit payments $ $ $
Credit card $ $ $
Charge account $ $ 55.00 $
Memberships $ $ ~
Weekly Monthly Yearly
(Fill in Appropriate Column)
Loans
Credit Union $ $ $-
$ $ $_
$ $ $_
$ $ $-
Miscellaneous
Household help $ $ $_
Child care $ $ $-
Papers/books/magazines $ $ 10.00 $-
Entertainment $ $ 100.00 $-
Pay TV $ $ $-
Vacation $ $ 50.00 $.
Gifts $ $ 187.00 $.
Legal fees $ $ 608.95 $
Charitable contributions $ $ $.
Other child support $ $ $.
Alimony payments $ $ $
Other $ $ $
Total Expenses $ $ 3.608.36 $
VERIFICATION
I, Susan L. Campbell, hereby swear and affirm that the facts contained in the foregoing
Income and Expense Statement of Susan Campbell are
true and con-ect to the best of my knowledge, information and belief and are made subject to the
pena]ties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
11/13/12 ~ ~J
DATE Susan L. Campbell
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH: CAMPBELL,
Plaintiff
v.
SUSAN CAMPBELL,
Defendant
NO. 10-296 CNIL TERM
CIVIL ACTION -LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Darren J. Holst, Esquire, counsel for Susan Campbell, Defendant in the above-
captioned action, hereby certify that a true and correct copy of the foregoing Income & Expense
Statement was served upon P. Richard Wagner, Esquire, counsel for Kenneth Campbell,
Plaintiff, by depositing same in the United States mail, first class, on November 13, 2012,
addressed as follows:
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
Date: ~~ ~1,3 ~ ~
__._'_
Darren J. H 1st, Esquire
HOWETT, KISSINGER & HOLST, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant, Susan Campbell
,~• ~ ~
Darren J. Holst, Fsquire -
HOWE'I'T, KISSINGER & HOLST, P.C.
130 Walnut Street, P.O. Box 810 ~~ r ~ ~'~°,~ ~, ~ , ,
Harrisburg, P.A 17108 ' ~ ` " `-
Telephone: (717) 234-2616 ~'' ' ` ~~' t
Counsel for Defendant, Susan Campbell } ~ ~; ~ ! ~, F , ~,.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH CAMPBELL, )
Plaintiff ) NO. 10-296 Civil Term
v. )
SUSAN CAMPBELL, ) CIVIL ACTION -LAW
Defendant ) IN DNORCE
INVENTORY OF DEFENDANT
Defendant files the following Inventory of all property owned or possessed by either party
at the time this action was commenced and all property transferred within the preceding three
years.
As evidenced by the attached verification, Defendant verifies that the statements made in
this Inventory are ¢rue and correct. Defendant understands that false statements herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
ASSETS OF THE PARTIES
Defendant marks on the list below those items applicable to the case at bar and itemizes
the assets on the following pages.
(X) 1. Real Property
(X) 2. Motor vehicles
( ) 3. Stocks, bonds, securities and options
(X) 4. Certificates of deposit
(X) 5. Checking accounts, cash
(X) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
(X) 9. Life insurance policies (indicate face value, cash surrender value and current
beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
( ) 14. Personal property outside the home
(X) 15. Business (list all owners, including percentage of ownership, and officer/director
positions held by a party with company)
( ) 16. Employment termination benefits -severance pay, worker's compensation
clam/award
( ) 17. Profit sharing plans
(X) 18. Pension plans (indicate employee contribution and date plan vests)
(X) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
(X) 21. Litigation claims (matured and unmatured)
( ) 22. MilitarylV.A. benefits
( ) 23. Education benefits
(X) 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personalty (include as a total category and attach
itemized list if distribution of such assets is in dispute)
( ) 26. Other
MARITAL PROPERTY
Defendant lists all marital property in which either or both spouses have a legal or
equitable interest individually or with any other person as of the date this action was commenced:
ITEM # DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS
1 365 Lowther Street
Lemoyne, PA 17043
(Marital Residence) Husband and Wife
2 2008 Ford Focus Automobile Wife
3 1998 Volvo 530 Automobile Husband
4
Honda Automobile
Husband
5 PNC Bank Certificate of Deposit (#3445) Husband
6 PNC Bank Certificate of Deposit (#4696) Husband
7 PNC Bank Checking Account (# 4472) Husband and Wife
8
PNC Bank Account (#1185)
Husband
9 PNC Bank Account (# 4168) Husband
Daughter of the Parties
11 PNC Bank Money Market Account (# 0304) Husband and Wife
12 PNC Bank Money Market Account (# 9529) Wife
13 PNC Bank Investments Mutual Fund
Account (# 5263) Husband
14 Conseco Life Insurance Policy # 1090190830
Face value-$200,000.00
Cash Surrender Value -$2,610.19 (Jan. 2010)
Beneficiary-Susan Campbell
Husband
15 Ascribe Communications Husband
16 Comic Creations Husband
17 Federal Railroad Retirement Benefits Husband
18 Amtrak Fidelity 401(k) Husband
19 Rite Aid 401(k) Wife
20 Amtrak Class Litigation Husband
21 Personalty & Furnishings of Marital Residence Husband and Wife
NON-MARITAL PROPERTY
Defendant lists all property in which a spouse has a legal or equitable interest which is
claimed to be excluded from marital. property:
ITEM # DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS
1 Home in Conestoga, Pennsylvania Husband
2 PNC Bank Checking Account (#7287) Wife
3 Non-marital Portion of Amtrak 401(k) Husband
4 Non-marital Portion of Rite Aid 401(k) Wife
5 PNC Bank Account (# 6057) Husband
6 PNC Bank Account (# 0508) Husband
PROPERTY TRANSFERRED
Defendant lists all property transferred within the preceding three years:
PERSON TO WHOM
DATE OF TRANSFERRED
ITEM # DESCRIPTION.. OF PROPERTY TRANSFER
1 Cash from Amtrak 401(k) Husband ($50,000)
3anuary 22, 2010
2 Cash from PNC Bank Investments March 2010 Husband ($2,000)
Mutual Fund (# 5263)
3 Honda Automobile Pre-Separation Buyer
4 Cash from PNC Bank CD (# 4696) Post-Separation Husband
5 .Cash, from PNC Blank CD (# 3445) Post-Separation Husband
6 Cash from joint PI~iC Bank account Post-Separation To college accounts
(# 03.04) for the parties'
children
LIABILITIES
Defendant lists all martalliabilities existing as of separation:
ITEM #
DESCRIPTION QF PROPERTY NAMES OF
ALL CREDITORS NAMES OF
ALL DEBTORS
1 Mortgage on marital residence CitiMortgage, Inc. Husband and Wife
2 Husband's Student Loan Great Lakes Husband
VERIFICATION
I, Susan L. Campbell, hereby swear and affirm. that the facts contained in the foregoing
Inventory of Defendant
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.
11/13/12 _ ~ ~~
DATE Susan L. Campbell
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH: CAMPBELL, )
Plaintiff )
v. )
SUSAN CAMPBELL, )
Defendant )
NO. 10-296 Civil Term
CIVIL ACTION -LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Darren J. Holst, Esquire, counsel for Susan Campbell, Defendant in the above-
captioned action, hereby certify that a true and correct copy of the foregoing Inventory was
served upon P. Richard Wagner, Esquire, counsel for Kenneth Campbell, Plaintiff, by depositing
same in the United States mail, first class, on November 13, 2012, addressed as follows:
P. Richard Wagner, Esquire
MANCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
Date: /~ ~ 3 ~ 2- ~ 1 /~
Darren J. olst, Esquire
HOWETT, KISSINGER & HOLST, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant, Susan Campbell
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA,
KENNETH CAMPBELL, -v .- - =: -11. -,
rn i---
Plaintiff ) NO. 10-296 CIVIL TERM 2air jcpr— 5 `..
.7) mac
SUSAN CAMPBELL, ) CIVIL ACTION - LAW y� 1 '
Defendant ) IN DIVORCE _ %�?
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code :was 'filed on
December 23, 2009.
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
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a 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.
J
Date: Z / UD Can (k?k°
Susan L. Campbell, Defendant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KENNETH CAMPBELL,
Plaintiff
V.
SUSAN CAMPBELL,
Defendant
NO. 10-296 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
-71 1
N)
iD
•
PRAECIPE TO WITHDRAW ANCILLARY CLAIMS
TO THE PROTHONOTARY:
Please withdraw all ancillary claims filed by the Defendant, Susan Campbell, in the
above -captioned divorce action.
Respectfully submitted,
Date:
Darren J. Zst, Esq ire
HOWETT, KISSINGER & HOLST, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Defendant Susan Campbell
KENNETH CAMPBELL,
Plaintiff,
v.
SUSAN CAMPBELL,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
10
: NO. 10-°I CIVIL TERM
: CIVIL ACTION LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code w ;s.filed.
on January 11, 2010.5;
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 after service of notice of
intention to request entry of the decree.
4. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
enneth Campbell
KENNETH CAMPBELL,
v.
SUSAN CAMPBELL,
Plaintiff,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
aqb
: NO: 10-246
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
C"1
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a 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 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:
c5
Kenneth Campbell
P. Richard Wagner, Esquire
I.D. #23103
Wagner & Spreha
2233 North Front Street
Harrisburg, PA 17110
Telephone: (717) 234-7051
Fax: (717) 234-7080
Attorney For: Plaintiff
2
KENNETH CAMPBELL, : IN THE COURT OF COMMON PLEAS
Plaintiff,
v.
SUSAN CAMPBELL,
Defendant.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 10-296
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Debra K. Spinner, Secretary in the law firm of Wagner & Spreha, do hereby certify that on this
date a copy of the Complaint in Divorce was served upon the following person and in the manner
indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure,
by depositing the same in the United States mail, Harrisburg, Pennsylvania, certified, restricted delivery,
return receipt requested, and addressed as follows:
Date: 6//a7/0711,0
Ms. Susan Campbell
365 Lowther Street
Lemoyne, PA 17043
By�i'-�Z.!
A 4 /J_'i_
Debra K. Spinner,
Wagner & Spreha
2233 North Front Street
Harrisburg, PA 17110
cretary
P. Richard Wagner, Esquire
Attorney for Plaintiff
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item 4 if Restricted Delivery Is desired.
•tint your name and address on the reverse
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KENNETH CAMPBELL, : IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v. : NO: 10-296 CIVIL TERM
SUSAN CAMPBELL, : IN DIVORCE
Defendant.
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw Count I of Plaintiff's Complaint in Divorce.
Respectfully Submitted,
Wagnerreha
'chard W , Esquire
2233 North Front Street
Harrisburg, PA 17110
Attorney for Plaintiff
Cr%
P. Richard Wagner, Esquire
PA Supreme Court I.D. #23103
Wagner, & Spreha
2233 North Front Street
Harrisburg, PA 17110
Telephone (717) 234-7051
Fax (717) 234-7080
Attorney For Plaintiff
,,..THE P RQi O
lILISOV 14 Psi 1: O?
CUMBERLAND SOU? T '
PENNSYLVANIA
KENNETH CAMPBELL,
Plaintiff,
v.
SUSAN CAMPBELL,
Defendant.
: IN -THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
cA910
: NO: 10-244 Civil Term
: CIVIL ACTION - LAW
: IN DIVORCE
MOTION TO VACATE
AND NOW, comes the Plaintiff, Kenneth Campbell, by and through his attorneys,
Wagner & Spreha, and files the following Motion to Vacate the Appointment of the Master:
1. Petitioner is the Plaintiff in the above -captioned matter.
2. Respondent is the Defendant in the above -captioned matter.
3. The Master was appointment by the Court of Common Pleas of Cumberland County to
hear the economic issues.
4. All economic issues have been resolved by way of a Property Settlement Agreement.
5. The appointment of the Master can be vacated.
6. Counsel for the Wife is aware of the filing of this Motion and consents to the same.
WHEREFORE, Petitioner requests the Court to vacate the appointment of the Master.
Date: // 1/1-1
Respectfully Submitted,
WAGNE
& SPREHA
I.D.
2233 North Front Street
Harrisburg, PA 17110
, Esquire
Attorney for Plaintiff/Petitioner
CERTIFICATE OF SERVICE
I, Debra K. Spinner, secretary in the law firm of Wagner & Spreha, do hereby certify that
I am this day serving a copy of the foregoing document to the following persons and in the
manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of
Civil Procedure, by depositing the same in the United States Mail, Harrisburg, Pennsylvania,
with first class postage, prepaid, and addressed as follows:
Darren J. Hoist, Esquire
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
By
ce, c iM/Atiit.2
Debra K. Spinner, S cretary
Wagner & Spreha
2233 North Front Street
Harrisburg, PA 17110
P. Richard Wagner, Esquire
Attorney for Plaintiff
Date: N/P-/
P. Richard Wagner, Esquire
PA Supreme Court I.D. #23103
Wagner, & Spreha
2233 North Front Street
Harrisburg, PA 17110
Telephone (717) 234-7051
Fax (717) 234-7080
Attorney For Plaintiff
ic,
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• 20 1' -MO' 19 All 11: 146
CUMBERLAND COUNTY
PENNSYLVANIA
KENNETH CAMPBELL,
Plaintiff,
v.
SUSAN CAMPBELL,
Defendant.
AND NOW, this / i` day of
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
oi(P
: NO: 10-B76 Civil Term
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER
It%iatt , 2014, upon Motion of the
Plaintiff, the appointment of the Master is hereby vacated with the concurrence of the Defendant.
BY THE COURT:
istribution:
✓ P. ichard Wagner, Esq., 2233 N. Front St., Harrisburg, PA 17110
,./Darren J. Hoist, Esq., 130 Walnut St., P.O. Box 810, Harrisburg, PA 17108
Cop fes fiZvAtiri,
iii/iy
�117
J.
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KENNETH CAMPBELL
VS.
SUSAN CAMPBELL
To the Prothonotary:
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
No. 10-296
PRAECIPE TO TRANSMIT RECORD
CIVIL TERM
C
r ir, c-.7
�►_ 'SIT!
Transmit the record, together with the following information, to the court for entry of a wee cn gid;',
decree:
G -v -
1. Ground for divorce:
Irretrievable breakdown under § (3301(c)) an
§4313440:14) of the Divorce Code.
(Strike out inapplicable section.)
2. Date and manner of service of the complaint:
01/21/2010 certified mail, restricted delivery, return receipt requested.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by § 3301(c) of the
Divorce code:
by plaintiff 10/20/2014 ; by defendant 10/07/2014
(b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code:
(2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the
respondent opposing party:
4. Related claims pending:
NONE
5. Complete either (a) or (b)
(a) Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached:
(b) Date plaintiff's Waiver of Notice was filed with the Prothonotary:
10/07/2014
Date defendant's Waiver of Notice was filed with the Prothonotary:
11/04/2014
f/Defendant
_s
KENNETH CAMPBELL
V.
SUSAN CAMPBELL
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO, 10-296 - CIVIL TERM
DIVORCE DECREE
AND NOW, eeito--freki.- -3 , 90? , it is ordered and decreed that
KENNETH CAMPBELL , plaintiff, and
SUSAN CAMPBELL
, defendant, are divorced from the
bonds of matrimony.
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.")
NONE
By the Court,
Kenneth Campbell
:Plaintiff
Susan Campbell
VS.
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION — LAW
IN DIVORCE
NO. 10-296 CIVIL
DOMESTIC RELATIONS ORDER
1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate
Payee's right to receive a portion of the benefits payable with respect to the Participant.
2. This DRO relates to the provision of marital property rights to the Alternate Payee.
3. This DRO applies to the Railroad Retirement Act ("Plan") and any successor thereto.
Kenneth Campbell ("Participant") is a Participant in the Plan. Susan Campbell ("Alternate Payee"), the
former spouse, is the Alternate Payee 'for the purposes of this DRO.
4. The Participant's name, mailing address, Social Security number and date of birth are:
Kenneth Campbell
3457 River Road
Conestoga, PA 17516
Social Security No.: See Addendum
Date of Birth: See Addendum
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5. The Alternate Payee's name, mailing address, Social Security number and da -.of klEth a ,:
,CD
Susan Campbell
365 Lowther Street
Lemoyne, PA 17043
Social Security No.: See Addendum
Date of Birth: See Addendum
It is the responsibility of the Alternate Payee to keep a current mailing address on file with the
Plan at all times.
6. The Alternate Payee is awarded an interest in the Participant's Railroad Retirement Benefits
payable under the Railroad Retirement Act. The Alternate Payee is entitled to direct payments of the
amount specified in Paragraph 7 below from the Railroad Retirement Board and which will be payable
from the divisible portion of the Participant's benefits.
7. The Alternate Payee is awarded, and the Railroad Retirement Board is directed to pay, an
interest in the portion of Participant's benefits under the Railroad Retirement Act (45 U.S.C. §§231-231v)
which may be divided as provided by Section 14 of that Act (45 U.S.C. §231m).
(a) While the Participant is receiving a Tier 2 disability annuity prior to full retirement age,
the Alternate Payee shall receive 20.0% of each monthly Tier 2 disability annuity until Participant reaches
full retirement age.
(b) Once Participant reaches full retirement age, Alternate Payee's share shall be computed
by multiplying the Participant's divisible (Tier II) Railroad Retirement benefits by a percentage (hereinafter
referred to as X%). X is defined as 51.82% multiplied by a fraction equal to 277 credited service months
earned during the marriage (from June 12, 1981, to September 26, 2009) divided by the Participant's
total credited service months.
(c) In the event the Participant dies prior to the conversion of Participant's disability annuity
to a regular annuity at full retirement age, the Alternate Payee shall receive X% times of the divisible
Railroad Retirement benefits accrued by the Participant through his date of death, payable to the
Alternate Payee at the earliest time permitted by the Plan.
(d) The Alternate Payee is also awarded a pro rata share of any cost -of -living adjustments
which are applied to the Participant's divisible benefits.
(e) Except for the amount awarded to the Alternate Payee above, the Participant shall
maintain as his sole and separate property all other pension benefits that the Participant may be eligible
to receive from the Railroad Retirement Board based on the Participant's years of service with a railroad
employer.
8. The monthly payments under Paragraph 7 shall commence as soon as practicable after the
Railroad Retirement Board has received and accepted this Order. The Alternate Payee shall continue to
receive the awarded benefits as long as she lives, even after the death of the Participant, to the extent
2
0.
i
permitted by the Plan. In the event the Alternate Payee predeceases the Participant, her awarded
benefit shall revert to the Participant.
9. All payments made pursuant to this Order shall be conditioned on the certification by the
Alternate Payee and the Participant to the Railroad Retirement Board of such information as the Railroad
Retirement Board may reasonably require from such parties.
10. In the event that the Plan inadvertently pays to the Participant any benefits that are awarded
to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the
Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such
amounts so received directly to the Alternate Payee within ten days of receipt. In the event the Plan
inadvertently pays to the Alternate Payee any benefits that are not awarded to her pursuant to the terms
of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has
received such benefit payments and shall forthwith pay such amounts so received directly to the
Participant within ten days of receipt.
11. The Participant shall not take any actions, affirmative or otherwise, that can circumvent the
terms and provisions of this Order, or that could diminish or extinguish the rights and entitlements of the
Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of
the Alternate Payee, he shall be required to make sufficient payments directly to the Alternate Payee to
the extent necessary to neutralize the effects of his actions or inactions and to the extent of the Alternate
Payee's full entitlements hereunder.
12. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to
amend this Order but only for the purpose of establishing it or maintaining it as a Domestic Relations
Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit
or any option not otherwise provided by the Plan, and further provide that no such amendment or right of
the Court to so amend will invalidate this Order.
3
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/44
Entered this '9day of 602:6C-e/te-li-s<— ,
CONSENT TO ORDER
BY THE COURT
Plaintiff/Partici nt
Defendant/Alternate Payee
At
articipant Attorney ftr Defendant/Alternate Payee
4
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