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Home My WebLink About02-0681 MARGARET H. FORD-BOSCACCY, Plaintiff V. GERARD A. BOSCACCY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O Q- W1 / l: ,,L ??rzrrl CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, 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 judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 MARGARET H. FORD-BOSCACCY, Plaintiff V. GERARD A. BOSCACCY, Defendant To the Within Named Defendant: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. Oa (op[ CIVIL ACTION - LAW IN DIVORCE You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary MARGARET H. FORD-BOSCACCY, Plaintiff V. GERARD A. BOSCACCY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 0.1 - ? ? f (2 O J ,, : CIVIL ACTION - LAW : IN DIVORCE 1. Plaintiff is Margaret H. Ford-Boscaccy, who currently resides at 3113 Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Gerard A. Boscaccy, who currently resides at 3113 Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 13, 1982, in Carbondale, Illinois. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since January 7, 2002. 10. Plaintiff requests the Court to enter a Decree in Divorce. 12. This action is not collusive. 13. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; and c. for such further relief as the Court may determine equitable and just. JAMES, SMITH, DURKIN & CONNELLY Date By; J hn . o elly, r., Esquire Post-Office BM650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 I I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: I)A - DJ -Da C w CT 0 i Pte- ?A °o d r> C: rnt?.. rj CO 0:1 tJ t? -ri rri n MARGARET H. FORD-BOSCACCY, Plaintiff V. GERARD A. BOSCACCY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. C?2 - 6P/ el c> LC : CIVIL ACTION - LAW : IN DIVORCE Margaret H. Ford-Boscaccy, social security no. 344-54-8603 Gerard A. Boscaccy, social security no. 335-60-1498 OTI !; f m C:v - .,J r. e= MARGARET H. FORD-BOSCACCY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2002-681 GERARD A. BOSCACCY, CIVIL ACTION -LAW Defendant : IN DIVORCE TO THE PROTHONOTARY: Please reinstate the above-captioned divorce action on behalf of the Plaintiff, Margaret H. Ford- Boscaccy. JAMES, SMITH, DURKIN & CONNELLY v Date: 3 l5 0 2 By. J onn ly, Jr.,ff Esquire . lainti Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 CZ ? r ? C 47 ? rn ? v tit N .A MARGARET H. FORD-BOSCACCY, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 681 CIVIL TERM GERARD A. BOSCACCY, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMMONWEALTH OF PENNSYLVANIA SS. COUNTYOF iIAlriWIdNt AND NOW, this a5" day of Marsh, , 2002 personally appeared before me, a Notary Public in and for the State and County aforementioned, Kathryn W. Newton, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce in the above- captioned action was personally served on the Defendant, Gerard A. Boscaccy, on March 25, , 2002, at It-.50 o'clock a m. at 225, Pennsylvania. 6d mp &I I , Kathryn W. Newton Sworn to and Subscribed to before me this ?? S day of C?L 2002. WI" s. 'k,,- Notary Public NOTARIAL SEAL PAMALA S MONN, Notary Public City of 1-12rrMuro, Dauphin County MyCommis«aN Expire November 12, ?M5 r? c> - r ^? rv Praecipe - Enter Appearance IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET H. FORD-BOSCACCY, Plaintiff NO. 02-681 CIVIL TERM V. CIVIL ACTION - LAW GERARD A. BOSCACCY, IN DIVORCE Defendant TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of Diane G. Radcliff, Esquire, as attorney for the Defendant, GERARD A. BOSCACCY, in the above captioned matter. Respectfully submitted, DI CLIFF, ESQUIRE 34.8 Trindle Road Camp Hill, PA 17011 PHONE: (717) 737-0100 I.D. No. 32112 Attorney for Defendant ??' ? ? ?, ? ._ l.., ' --, , ? . ??; ? r. v ?? 1. .L- ;, C, ?> ' ( ,,.:.. !?') i MARGARET H. FORD-BOSCACCY, Plaintiff V. GERARD A. BOSCACCY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-681 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 MARGARET H. FORD-BOSCACCY, Plaintiff V. GERARD A. BOSCACCY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-681 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ANSWER AND COUNTERCLAIM TO DIVORCE COMPLAINT AND NOW, this A5-1%-day of CD C ?b A , 2002, comes the Defendant, Gerard A. Boscaccy, by his attorney, Diane G. Radcliff, Esquire, and files this Answer and Counterclaim to Plaintiff's Complaint in Divorce as follows: ANSWER TO DIVORCE COMPLAINT ANSWER TO PLAINTTF'F'' S COU NT I: DIVORCE 1. Admitted. It is admitted that the Plaintiff is Margaret H. Ford- Boscaccy, an adult individual who currently resides at 3313 Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Admitted. It is admitted that the Defendant is Gerard A. Boscaccy, an adult individual who was residing at 3313 Dickinson Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011, as of the date of the filing of the divorce complaint, but who, since May 2002, has and is residing at 111 Stanford County, Mechanicsburg, Pennsylvania, 17055. 3. Admitted. It is admitted that the Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of the Complaint. By way of further answer, it is averred that the Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at six months immediately previous to the filing of the Complaint. - 1 - 4. Admitted. It is admitted that the Plaintiff and Defendant were married on November 13, 1982 in Carbondale, Illinois. 5. Admitted. It is admitted that there have been no prior actions of divorce or annulment between the parties. 6. Admitted. It is admitted that the Plaintiff is a citizen of the United States of America. By way of further Answer, it is averred that Defendant is a citizen of the United States of America. 7. Admitted. It is admitted that the Defendant is not a member of the Armed Services of the United States of America or it's Allies. By way of further Answer, it is averred that Plaintiff is not a member of the Armed Services of the United States of America or it's Allies. 8. Admitted. It is admitted that the marriage is irretrievably broken. 9. Admitted. It is admitted that the Plaintiff has been advised of the availability of counseling and Defendant may have the right to request that the Court require the Parties to participate in counseling 10. Admitted. It is admitted that the Parties have been separated (living separate and apart in the same household,) since January 7, 2002. By way of further Answer it is averred that Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the Parties to participate in counseling. 11. (SIC 10) Admitted. It is admitted that the Plaintiff requests the Court to enter a Decree in Divorce. 12. (SIC 12) Admitted. It is admitted that this action is not collusive. WHEREFOR, Defendant requests this Honorable Court to enter a Decree dissolving the marriage between the Plaintiff and Defendant. - 2 - 13. Admitted. It is admitted that the Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and life insurance acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, the Defendant requests this Honorable Court to enter a Decree equitably distributing all the property owned by the parties. DFFF A1?'r'T'' S COT "ERCL TM 1?EFENTIAN DI '],' S CO TNT I VORCE 14. Defendant incorporates by references the averments set forth in. Paragraphs 1-13 herein the same as through said averments were set forth herein at length. 15. Defendant avers that the grounds on which the action and this claim for divorce are based are that the marriage is irretrievably broken. WHEREFORE, Defendant requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. DEFENDANT'S COUNT IT Z TTA T. DISTRTRTMLM 16. The Defendant incorporates by reference the averments set forth in Paragraphs 1-15 herein as fully as though said averments were set forth herein at length. 17. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from October 13, 1982 until present, all of which is "marital property". 18. Plaintiff and/or Defendant have acquired, prior to the marriage or - 3 - subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 19. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Answer and Counterclaim. WHEREFORE, Defendant requests this Honorable Court to equitably divide all marital property and debts of the parties. DEFENDANT'S COUNT II ALIMONY PENDE UP. TJJTE It ALIMONY 20. The Defendant incorporates by reference the averments set forth in Paragraphs 1-19 herein as fully as though said averments were set forth at length. 21. Defendant lacks sufficient property to provide for him reasonable means and is unable to support himself through appropriate employment. 22. Defendant requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. DEFENDANT' S COLrNT IV CQUNSFr. FEE COSTS 23. The Defendant incorporates by reference the averments set forth in Paragraphs 1-22 herein as fully as though the same were set forth at length. 24. Defendant has employed legal counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. - 4 - 25. The Defendant is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. WHEREFORE, Defendant requests this Honorable Court to enter an award of interim counsel fees, costs and expenses, and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, Cz: CLIFF, ESQUIRE 3 48 Tri le Road Camp 1 1, PA 17011 Supreme Court ID #32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorneys` for Def ?n`dant Date: 1? b? V - 5 - VERIFICATION I verify that the statements made in this Answer and Counterclaim to Divorce Complaint are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 32 162- CERTIFICATE OF SERVICE AND NOW, this day of dCAy bIA-1 , 20D21 I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the within ANSWER AND COUNTERCLAIM TO THE DIVORCE COMPLAINT upon the Plaintiff's attorney, John J. Connelly, Jr., Esquire, by mailing same by first class mail, postage prepaid, addressed as follows: John J. Connelly, Jr., Esquire P. O. Box 650 Hershey, PA 17033 Respectfully submitted, IANE G. CLIFF, ESQUIRE 3 rindle Road C A 17011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Defendant GJ 0 e C? G? C7 T 3 ? { U ? C (_!i _.rl -C MARGARET H. FORD Plaintiff V. GERARD A. BOSCACCY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-681 CIVIL TERM CIVIL ACTION'- LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF: PLAINTIFF, MARGARET H. FORD INCOME Employer: Kemper Insurance Address: 1 Kemper Drive, Long Grove, IL 60049 Type of Work: Medical Claim Analyst for Case Management Payroll Number: 22117 Pay Period (weekly, biweekly, etc.): biweekly Gross Pay per Pay Period: $2,769.24 Itemized Payroll Deductions: Federal Withholding $212.47 Social Security $147.31 State Income Tax $61.03 Retirement $110.77 Life Insurance $46.90 Health Insurance $124.62 Other - Medicare $34.45 Purchased Vacation $115.30 Dependant Care $107.69 Medical $38.46 Dental Insurance $7.21 Net Pay per Pay Period: $1,763.03 MONTHLY YEARLY (Fill in appropriate column) OTHER INCOME Interest Dividends Pension Annuity Social Security Rents $886.58 $10,638.96 Royalties Expense Accounts Gifts Unemployment Comp. Worker's Comp. Alimony Child Support $700.00 $8,400.00 TOTAL NET INCOME $5,112.64 $61,351.68 EXPENSES Home Mortgage/Rent $1,773.17 $21,278.04 Maintenance $200.00 $2,400.00 Utilities Electric $160.00 $1,920.00 Gas $40.00 $480.00 Telephone $89.51 $1,074.12 Cell Phone $70.00 $840.00 Water $30.00 $360.00 Sewer $20.00 $240.00 MONTHLY YEARLY (Fill in appropriate column) Employment Public Transportation Lunch $160.00 $1,920.00 Taxes Real Estate $311.08 $3,732.96 Personal Property Income Insurance Homeowners $58.00 $696.00 Automobile $58.91 $706.92 Life $159.79 $1,917.48 Accident $77.95 $935.40 Health $248.24 $2,978.88 Other Automobile Payments Fuel $92.00 $1,104.00 Repairs $229.00 $2,748.00 Medical Doctor $12.50 $150.00 Dentist $75.00 $900.00 Orthodontist Hospital Medicine $30.00 $360.00 Special Needs (glasses,contacts, $31.25 $375.00 braces, orthopedic devices) Counseling $220.00 $2,640.00 MONTHLY YEARLY (Fill in appropriate column) Education Private School (loan - Kelsey) $266.00 $3,192.00 Parochial School College (loan - Peggy) $159.00 $1,908.00 Religious Personal Clothing $200.00 $2,400.00 Food $350.00 $4,200.00 Barber/Hairdresser $25.00 $300.00 Credit Payments $100.00 $1,200.00 Charge Accounts $100.00 $1,200.00 Memberships Loans Credit Union Miscellaneous Household Help Child Care $325.00 $3,900.00 Paper/Books/Magazines $20.00 $240.00 Entertainment $100.00 $1,200.00 Pay TV $45.00 $540.00 Vacation Gifts $50.00 $600.00 Legal Fees $41.66 $499.92 Charitable Contributions $16.66 $199.92 Sports (Connor Hockey) $208.33 $2,499.96 TOTAL EXPENSES $6,153.05 $73,836.60 VERIFICATION I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ? Y (/9-, Date: ??i 'cJd "D dAA.0 Margaret rd, aintiff Tr ;I? MARGARET H. FORD : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 02-681 CIVIL TERM GERARD A. BOSCACCY, : CIVIL ACTION - LAW Defendant : IN DIVORCE INVENTORY OF PLAINTIFF, MARGARET Ill. FORD Plaintiff 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 (3) years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: 1A -3d :: ex&rv- /?/i? a44argaret Ford, Plaintiff ASSETS OF PARTIES Plaintiff/Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. Real property () 2. Motor vehicles (X) 3. Stocks, bonds, securities and options () 4. Certificates of Deposit () 5. Checking accounts, cash () 6. Savings accounts, money market O 7. Contents of safe deposit boxes () 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) O 10. Annuities () 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with a company) O 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments O 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits (X) 24. Debts due, including loans, mortgages held O 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 Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any person as of the date this action was commenced. ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS 1. Proceeds from the sale of marital residence located at 3113 Dickinson Avenue, Camp Hill, PA Proceeds divided equally, between the parties Plaintiff and Defendant 3 Hemispherx Stock 25 shares = $68.75 Plaintiff and Defendant 9 MN Mutual Life Insurance $331,000-cash surrender value approximately $7,000 For children NON-MARITAL PROPERW Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. ITEM NUMBER DESCRIPTION OF PROPERTY REASON FOR EXCLUSION 3 Walmart Stock 168.47 shares = $9,439.32 Gift to Plaintiff 9 Kemper Term Life insurance $438,000 - $0 cash surrender value For children Acquired after separation 19 401(k) - Platinum Equity $15,422.28 Started after separation 19 401(k) - Kemper $1,027.24 Started after separation PROPERTY TRANSFERRED ITEM DESCRIPTION DATE OF CONSIDERATION TRANSFEREE NUMBER TRANSFER N/A LIABILITIES ITEM NUMBER DESCRIPTION CREDITORS DEBTORS Kelsey Boscaccy School Loan Key Educational Resources $14,626.82 Margaret H. Ford Student Loan ACFS $25,687.03 r., C"` r-a <-., L.J -F7 <=r? - C.__ .,? - ' S .??» _? ??'n'1 _. ? (1, +?_-?-r1 -1 •'_` ? .{ MARGARET H. FORD Plaintiff V. GERARD A. BOSCACCY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-681 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Margaret H. Ford, Plaintiff, moves the court to appoint a Master with respect to the following claims: (X) Divorce O Annulment () Alimony () Alimony Pendente Lite (X) Distribution of Property ()Support O Counsel Fees O Costs and Expenses and in support of the motion states: is requested(1) Discovery is complete as to the claim(s) for which the appointment of a master . (2) The Defendant has appeared in the action personally/by his attorney, Joanne H. Clough, Esquire. (3) The statutory ground(s) for divorce is/are: Irretrievable Breakdown (4) Check the applicable paragraph(s) O The action is not contested. O An agreement has been reached with respect to the following claims: of Property (X) The action is contested with respect to the following claims: Distribution (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one(1) day. (7) Additional information, if any, relevant to the Motion: None Date: C? -C? Y-US ORDER APPOINTING MASTER AND NOW, 2005, appointed Master with respect to the following claims: By the Court: Esquire is J. ?,. c:n ' ...., ? ' ?_.,. ??? MARGARET H. FORD-BOSCACCY, Plaintiff v GERARD A. BOSCACCY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-681 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION TO WITHDRAW AS LEGAL COUNSEL AND NOW, comes the Petitioner, Diane G. Radcliff, Esquire and files the above referenced Petition and represents that: 1. Your Petitioner is Diane G. Radcliff, Esquire an Attorney duly authorized to practice law in the Commonwealth of Pennsylvania and having a principal place of business located at 3448 Trindle Road, Camp Hill, PA 17011. 2. Plaintiff in this action is Margaret H. Ford-Boscaccy and is currently represented by John J. Connelly, Jr., Esquire 3. Defendant in this action is Gerard A. Boscaccy and is currently njot represented but was previously represented by Diane G. Radcliff, Esquire. 4. This is an action for or involving divorce. 5. Since Diane G. Radcliff, Esquire has undertaken the representation of Defendant, Gerard A. Boscaccy, the following events have occurred which make it impossible or impractical for her to continue in this legal representation: A. Defendant previously terminated the representation of Petitioner and instead hired, Joanne Harrison Clough, Esquire, who was employed at that time by Reager and Adler, P.C. See 2004 letters regarding this change in representation attached hereto, marked Exhibit "A" and made a part hereof. B. Joanne Harrison Clough, Esquire and Reager ft Adler failed to file the Praecipe to withdraw appearance, which remains in the possession of Reager Et Adler, P.C. See 2005 letter from Attorney Clough attached as Exhibit "B" C. Petitioner has had no contact with the Defendant since December 6, 2002. WHEREFORE, the Petitioner respectfully requests this Honorable Court to enter an Order granting her leave to withdraw as legal counsel for Defendant, Gerard A. Boscaccy. Respectfully submitted, IANE G. RA CLLTF , UIRE 3448 Trin Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 VERIFICATION 1 verify that the statements made in the foregoing document are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE AND NOW, this ?day of _72005, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served dopy of the foregoing document upon the following named person(s), by mailing same by first class mail, postage prepaid, addressed as follows: John J. Connelly, Jr., Esquire James, Smith, Dietterick Et Connelly P.O. Box 650 Hershey, PA 17033 Gerard A. Boscaccy 111 Stanford Court Mechanicsburg, PA 17055 Respectfully submitted, 3448 Trindle Road A 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 EXHIBIT "A" 2004 LETTERS REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 MARKET STREET CAMP HILL, PENNSYLVANIA 17011-4642 717-763-1383 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com THEODORE A. ADLER+ DAVID W. REAGER CHARLES E. ZALESKI LINUS E. FENICLE DEBRA DENISON CANTOR Writer's E-Mail Address: jclough@epix.net February 10, 2004 Diane Radcliff, Esquire 3448 Trindle Road Camp Hill, Pa 17011 RE: Gerard Boseaccy/Margaret Ford Our File No.: 04-012 Dear Diane: THOMAS O. WILLIAMS SUSAN H. CONFAIR JOANNE HARRISON CLOUGH SUSAN J. SMITH + Certified Civil Trial Specialist Enclosed please find a copy of a Praecipe For Withdrawal/Entry of Appearance in the above-referenced action. Your office indicated that you needed to receive a time-stamped copy of this Praecipe before being able to forward the remainder of Mr. Boseaccy's retainer to my office. Please enter your Attorney ID Number below your name, sign the Praecipe For Withdrawal of Appearance, and return said document to my office. Then, I will also execute the document and file it with the Prothonotary's Office. Once I receive time-stamped copies of the Praecipe, I will forward one to your office in exchange for your release of his remaining retainer monies to my office. Thank you for your prompt attention to this matter. JHC/dls Enclosure Diane G. Radcliff 3448 Trindle Rd Camp Hill, PA 17011 I'm requesting that the balance of my trust that exists with your firm be sent to: Reager & Alder, PC 2331 Market St Camp Hill, PA 17011-4642 I appreciate your attention to this matter. Sincerely, ?efard A. Boscaccy 111 Stanford Ct Mechanicsburg, PA 17050 DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trindle Road Phone: (717) 737-0100 Camp Hill, Pennsylvania 17011 Facsimile: (717) 975-0697 February 13, 2004 Joanne Harrison Clough Reager & Adler, P.C. Attorneys and Counselors at Law 2331 Market Street Camp Hill, PA 17011-4642 Re: Gerard Boseacey v. Margaret Ford Dear Joanne: As per yourrequest in the letter dated February 10, 2004, enclosed with this letter please find the signed Praecipe for Withdrawal of Appearance, along with a check in the amount of $657.50, which represents the balance of Mr. Boscaccy's retainer. If you have an questions regarding the enclosed documents, please contact my office. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGRIdf cc: File cD M N J 1 O in v °o N M N Yk LL LL. uao^z ?hK¢0 .QaJa0 ?WZJ4 z_ir W Gwf? Z¢??r in o +? N r ? N {F l*O f • k a k iF k k M 1F U iF • C m o o ? m o N ? ? ? a c 9 Q ? G Q v 2 c F T w c ? a d ? r O ? OW K O T O ? W 0 a0 ? 1,111ma ice ZW OGS L 33s'w llse LMZQW I It1wn Lo C7 co O M o "' N ? r N b N `c w O ? O N m N II1 ? m 0 l G, M Z C o U _ h N 7 p 1 ¢ r ? s m = w _ ? ? v •_ O L Q W 6 0"0 N C N O U 4 F• U ro° U u ro MARGARET H. FORD, Plaintiff vs. GERARD A. BOSCACCY, Defendant IN THE COURT O, COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 01043 S 2003 PACSES NO. 174105894 CIVIL ACTION - LAW IN SUPPORT PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel of record on behalf of Defendant Gerard A. Boscaecy in the above-captioned action. Respectfully submitted, DATE: t CLIFF, ESQUIRE o.:.3Zrtb 3448 Trindle Road Camp Hill, Pa 17011 (717) 737-0100 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance to represent Defendant, Gerard A. Boscaccy, in the above- captioned action. DATE: Respectfully submitted, REAGER & ADLER, PC JOANNE HARRISON CLOUGH, ESQUIRE Attorney ID No. 36461 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 EXHIBIT "B" 2005 LETTERS DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 E-mail: dianeradcliff@comcast.net May 5, 2005 Joanne Harrison Clough 24 North 32th Street Camp Hilt, PA 17011 Re: Margaret H. Ford-Boscaccy v. Gerard A. Boscaccy Cumberland County Divorce No. 02-681 Dear Joanne: FILE On February 10, 2004 you sent me a letter advising me that you had taken over Gerard Boscaccy's representation asking that I sign a praecipe to withdraw my appearance and enter yours in the above-referenced case. You also requested that I pay my remaining retainer to you. I complied with both of those requests on February 13, 2004. I have just received the enclosure from the Divorce Master advising me that there was no praecipe to withdraw my appearance on file with the Prothonotary. Please advise me of the status of your representation. If you have not entered your appearance as promised you need to refund the payment of the retainer fee in the amount of $657.50 so that I have funds available to cover the costs of obtaining leave to withdraw. Thank you for your attention in this matter. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DGRIdr Enclosure(s): Divorce Master Directive cc: File TRANSMITTED BY FAX AND MAIL w;ufN K ?rw.:x>k*:KUOe -COMM. JD"-"1AL- >k?uNUK u'www':k?K a:a: >k DATE MAY-405-2035 °.r* TIME 11:12 MODE = MEMORY TRANSMISSIal FILE HC.=151 STN COMM. ONE-TOUCH/ STATION NAPIE/TEL NO N0. ABER 110. 001 CI< • 7375892 µyry;IkNOk?KW?KWN;N:M:K:V?M%K?N kM`KWA'.-K?':IUyA:L'KN?k:kW - START=11PY-05 11:10 END=MAY-05 11:12 PAGES DURATION 004W4 00:01:22 -DIANE RADCLIFF - -w* - 717 975 0597 maw**d::k DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 E-mail: dianeradcliff@comcast.net TO: Joanne Harrison Clough 24 North 32th Street, Camp Hill, PA 17011 Phone: 737.5860 E-mail: 'hc c@veri7on.net Fax: 737-5892 DATE: May 5, 2005 MATTER: Boscaccy DESCRIPTION OF DOCUMENT(S) NO. OF PAGES Cover Sheet 1 May 5, 2005 letter 1 May 3, 2005 letter from Divorce Master 2 TOTAL PAGES 4 MAILING/RECEIPT INFORMATION x Original will follow by mail. Original will not follow by mail. L IF YOU DO NOT RECEIVE ALL PAGES, PLEASE TELEPHONE ME IMMEDIATELY AT (717 o MESSAGE OR COMMENTS The information contained in this facsimile message is information protected by attorney-client ari the attorney/work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by facsimile. If the person actually receiving this facsimile or any other reader of the facsimile is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via U.S. Postal Service. JOANNE HARRISON CLOUGH, PC ATTORNEY AND COUNSELOR AT LAW 24 N. 32°° STREET CAMP HILL, PENNSYLVANIA 17011 717-737-5890 TELEFAX 717-737-5892 Joanne Harrison Clough Esquire Email: _ihcocggverizon ne[ Pam S. Rudy, Legal Assistant Email: pamihcockDverizgn net May 9, 2005 E. Robert Elicker John J. Connelly, Jr., Esquire Office of Divorce Master James Smith Dietterick & Connelly. LLP 9 North Hanover Street 134 Sipe Avenue Carlisle, PA 17013 PO Box 650 Hershey, PA 17033 RE: Mar°aret H. Boscassy v. Gerald Boscaccy Dear Divorce Master Elicker. Attorney Connelly, & Mr. Boscaccy: Gerald Boscaccy 111 Stanford Court Mechanicsburg, PA 17050 I received a letter from Diane Radcliff on Fridav, May 6, 2005, and I am somewhat concerned that she was still officially entered as counsel of record in this divorce action. She indicated in that correspondence that she had forwarded Mr. Boscacey's retainer to Reager & Adler, P.C.. and, in fact, forwarded a Praecipe to Withdraw her appearance. Apparently, the Praecipe to Withdraw her appearance was never officially entered with the Court. Needless to say, I believe it was an oversight at the office of Reager & Adler, P.C., that this Praecipe to Withdraw Appearance was never entered of record. Unfortunately, I am not able to assume Mr. Boscaccy's representation unless he contacts my office and responds to recent correspondence I forwarded to him indicating he wishes me to represent him in this matter. Reager & Adler, P.C. retained this file when I opened my own law practice on September 27, 2004. In any event. I wanted to write to the three (3) of you to make sure that the record clearly reflects that Diane Radcliff has not represented Mr. Boscaccy since October 15, 2002, at which time I under took his representation as an employee at Reager & Adler, P.C. When I departed Reager & Adler, P.C., Mr. Boscaccy did not return a form to that law firm indicating whether he wished his file to remain with Reager & Adler, P. C. or to be transferred to my new law practice, nor have I heard from brim. If you need any further assistance regarding this matter please do not hesitate to contact me. Sincerely, Harrison JHC/psr cc: Diane Radcliff, Esquire J n ?:::., r ' ;... ? ., ; . w:: w xn x REVIVED JUN 0 7 200541 g.a MARGARET H. FORD-BOSCACCY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 02-681 CIVIL TERM GERARD A. BOSCACCY, : CIVIL ACTION - LAW Defendant : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 4 day of , 2005, upon consideration of the within Petition, A Rule is issued upon the Plaintiff, Margaret H. Ford-Boscaccy, and the Defendant, Gerard A. Boscaccy, to show cause why Diane G. Radcliff, Esquire should not be granted leave to withdraw as legal counsel for the Defendant, Gerard A. Boscaccy. Rule Returnable 10 days after service. ?inv Tor' rr?I IRT- Distribution to: orney for Defendant:: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 ,Aterney for Plaintiff: John J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 ,,2tfendant, Gerard A. Boscaccy, 111 Stanford Court, Mechanicsburg, PA 17055 *-C n c 1? cn- Lij C; ' -.1 Y f E f f ' ` N MARGARET H. FORD-BOSCACCY, Plaintiff VS. GERARD A. BOSCACCY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-681 CIVIL TERM MOTION FOR RULE ABSOLUTE AND ENTRY OF ORDER AND NOW this 27" day of June , 2005, Diane G. Radcliff, Esquire, Attorney of Record for Gerard A. Boscaccy, the Defendant in the above-captioned case, hereby moves this Honorable Court to make the Rule entered on June 9, 2005 absolute and to grant Diane G. Radcliff, Esquire leave to withdraw as legal counsel and attorney of record for Gerard A. Boscaccy, the Defendant in the above-captioned case, and assigns the following reasons therefor: 1. On June 6, 2005, your Petitioner, Diane G. Radcliff, Esquire filed a Petition seeking to withdraw as legal counsel for Gerard A. Boscaccy, the Defendant in the above-captioned case. 2. On June 9, 2005, this Honorable Court entered a Rule against the Respondents, Gerard A. Boscaccy, Defendant, and John J. Connelly, Jr., Esquire, attorney for Plaintiff, to show cause why the requested relief should not be granted, which Rule was returnable 10 days after service. 3. On June 14, 2005, the Petitioner, Diane G. Radcliff, Esquire, served a true and correct copy of the Petition and Rule upon the Respondents as appears on the June 14, 2005 transmittal letter attached hereto as Exhibit "A". 4. The 10 day response period expired on June 24, 2005, and no Answer to the Rule has been filed by the Respondents. 5. Since the Respondents have failed to file an Answer or Response to the Rule within the 10 day time period, the Petitioner is entitled to have the Rule made absolute and have her request to withdraw as legal counsel granted. Wherefore, Petitioner, Diane G. Radcliff, Esquire respectfully requests this Honorable Court to make the Rule entered on June 9, 2005 absolute and grant her leave to withdraw as legal counsel and attorney of record for Gerard A. Boscaccy, the Defendant in the above-captioned case. Respectfully submitted, D DCLIFF ESQUIRE Road Camp Hill, PA 17011 Phone: (7117) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 CERTIFICATE OF SERVICE I, Diane G. Radcliff, Esquire, hereby certify that on June -a7l 2005, 1 served a true and correct copy of the MOTION FOR RULE ABSOLUTE upon the following persons, by mailing same by first class mail, postage prepaid, addressed as follows: Gerard A. Boscaccy 111 Stanford Court Mechanicsburg, PA 17055 John J. Connelly, Jr., Esquire PO Box 650 Hershey, PA 17033 Respectfully submitted, Supreme Court ID # 32112 DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, PA 17011 Phone: 717-737-0100 Fax: 717-975-0697 E-mail: dianeradcliff@comcast.net FILE June 14, 2005 John J. Connelly, Jr., Esquire Gerard A. Boscaccy P.O. Box 650 111 Stanford Court Hershey, PA 17033 Mechanicsburg, PA 17055 Re: Margaret H. Ford-Boscaccy v. Gerard A. Boscaccv Cumberland County Divorce No. 02-681 Gentlemen: In accordance with the Pennsylvania Rules of Civil Procedure, enclosed please find a copy of the Rule to Show Cause which was entered by Judge Oler on June 9, 2005 on the enclosed Petition to withdraw as legal counsel.. Very truly yours, DIANE G. RADCLIFF, ESQUIRE DG R/ rzs Enclosure(s): Petition 6.9.05 Rule to Show Cause cc: File TRANSMITTED BY MAIL E=X H I B I T "A" n ? <? o 'ft ?- 'T; i c rn n? ? _n I; b '{?-? ^J ?_n f-? -- :,j cn 'ii N -? RECEIVED JUN 2 9 2005 V MARGARET H. FORD-BOSCACCY, Plaintiff vs. GERARD A. BOSCACCY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-681 CIVIL TERM ORDER AND NOW this day of i u c_ , 2005, upon Motion of Diane G. Radcliff, Esquire, Attorney for Gerard A. Boscaccy, the Defendant in the above captioned case, it is hereby ordered and decreed that: 1. The Rule entered on June 9, 2005 on the Petition to Withdraw as Legal Counsel filed by Diane G. Radcliff, Esquire, is made absolute. 2. Diane G. Radcliff Esquire is hereby granted leave to withdrawal as legal counsel and attorney of record for Gerard A. Boscaccy, the Defendant in the above- captioned case. Distribution to: Petitioner: Diane G. Radcliff, Esquire, 3448 Co Road, Camp Hill, PA 17011 L, ;:7, e/ Respondent: Gerard A. Boscaccy, 111 Stanf anford rd Cour rt, Mechanicsburg, PA 17055 Attorney for Plaintiff: John J. Connelly, Jr., Esquire, PO Box 650, Hershey, PA 17033 P 11 T. 1Y P^l lnT. ?, o s ,. r: ?G s' ? ?x ?a ? 7 y r % ? ?a ? ' JS l? ('iz ? ???-Ew i- -? Crtf1. ? 0 '.7 N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARGARET H. FORD-BOSCACCY, : NO. 02-681 CIVIL TERM Plaintiff v : CIVIL ACTION - LAW GERARD A. BOSCACCY, Defendant : IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Withdraw my appearance on behalf of the Defendant, Gerard A. Boscaccy, in accordance with this Court's Order dated June 30, 2005. Date: July 5, 2005 d iff, Esquire .D. No. 3211 3448 Trindle Road Camp Hill, PA 17011 (717) 737-0100 N O ? ? . ? ^{ ? ' ? n ` ' t" rn -cv ? ' ? ' ? ?? --a r`: ?=,,-, . i-'? l. ' , ti 1_t . ?' Y N John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Petitioner MARGARET H. FORD Plaintiff/Petitioner V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-681 CIVIL TERM GERARD A. BOSCACCY, CIVIL ACTION-LAW Defendant/Respondent IN DIVORCE PETITION FOR BIFURCATION AND NOW comes the Petitioner, Margaret H. Ford, by and through her counsel, John J. Connelly, Jr. and the law firm of James, Smith, Dietterick & Connelly LLP, hereby respectfully requests this Court grant her Petition for Bifurcation and in support thereof avers as follows: Petitioner is Margaret H. Ford, Plaintiff in the above-captioned divorce action. 2. Respondent is Gerard A. Boscaccy, Defendant, in the above-captioned divorce action. 3. Petitioner and Respondent are husband and wife, having been lawfully married on November 13, 1982. 4. The parties have lived separate and apart since January 7, 2002, a period of over two years. 5. On February 8, 2002, the Petitioner filed a Complaint in Divorce in the Cumberland County Court of Common Pleas, asserting that the basis for the divorce was that the marriage was irretrievably broken, pursuant to Section 3301(d) of the Divorce Code. Petitioner also asserted indignities. 6. A true and correct copy of the Complaint in Divorce was served upon the Defendant/Respondent on March 25, 2002. 7. Neither party's property rights would be affected in any way by bifurcation of this divorce action. The Divorce Master has been appointed and an initial pre-trial conference was held on August 1, 2005. A settlement conference is scheduled for December 27, 2005. 8. Bifurcation of the divorce would not alter the economic status quo. 9. Petitioner has suffered due to her inability to restructure her own personal life. 10. Bifurcation is authorized by the Divorce Code and Pa.R.C.P. 1920.52(d). 11. The public policy of this Commonwealth and the legislative intent of the Divorce Code as set forth at 23 Pa.C.S.A. §3102(a) warrants the granting of a bifurcated Decree in Divorce 12. Petitioner believes and therefore avers that the advantages of bifurcation in this divorce action are substantially greater than any potential disadvantages for the following reasons: ( a ) The parties have been separated for almost four (4) years. ( b ) A resolution of the divorce claim will allow the parties to restructure their personal lives; ( c ) The litigation between the parties will be simplified and the stress minimized by the granting of bifurcation in these circumstances; (d) Bifurcation of this divorce action will assure that each party's personal life is not held hostage to economic claims; and (e) Bifurcation will in no way prejudice, diminish or impair Respondent's economic circumstances or claims under the Divorce Code which are now pending before the Divorce Master. WHEREFORE, Plaintiff/Petitioner, Margaret H. Ford, respectfully requests that this Honorable Court grant her Petition for Bifurcation, reserving jurisdiction over any pending ancillary economic claims. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY 1 Date: !! I a a I U S By: John J. V6ru elly, Jr., Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: Angw Margaret Ford, Plaintiff/Petitioner MARGARET H. FORD IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. No. 02-681 CIVIL TERM GERARD A. BOSCACCY, CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, attorney for the Plaintiff/Petitioner, Margaret H. Ford, hereby certify that I have served a copy of the foregoing Petition for Bifurcation on the following on the date and in the manner indicated below: VIA U.S. MAIL FIRST CLASS, PRE-PAID Gerard Boscaccy 512 North Front Street Apartment 2 Wonmleysburg, PA 17043 JAMES, SMITH, DIETTERICK & CONNELLY DATE: By: John I. onn ly, Jr., Esquir ?a0mey laintift%Petitione Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 ..? r ,, <_ _... ?. -n --? ? - ? r, i ?? <.J .. ' "? (u .. I NOV3(1 1005 John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 ?; James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Petitioner MARGARET H. FORD IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. No. 02-681 CIVIL TERM GERARD A. BOSCACCY, CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE RULE TO SHOW CAUSE AND NOW, this lS day of re ,. 0ci , 2005, upon consideration of Plaintiff/Petitioner, Margaret H. Ford's, Petition for Bifurcation, a Rule is hereby entered upon Defendant/Respondent, Gerard A. Boscaccy, to show cause, if any, why the relief requested should not be granted. This Rule shall be returnable at hearing on the3 'day of o70L? 6 w 200.5 at 9;30 G.m. in Courtroom Cumberland County Courthouse, Carlisle, Pennsylvania. Distribution: John J. Connelly, Jr., Esquire, P.O. Box 650 Hershey, PA 17033 Gerard Boscaccy, 512 North Front Street, Apartment 2, Wormleysburg, PA 1704 t? ".l 03 V? -V5 BY THE COURT: ? ?, ; 4 _ MARGARET H. FORD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 02-681 CIVIL TERM GERARD A. BOSCACCY, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 8, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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.A. §4904, relating to unworn falsification to authorities. Date: 406 4argaret F 1. MARGARET H. FORD, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 02-681 CIVIL TERM GERARD A. BOSCACCY, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 8, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2, 1 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. 1 1 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.A. §4904, relating to unswom falsification to authorities. Date: ??0? MARGARET H. FORD, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW GERARD A. BOSCACCY, : Defendant NO. 02-681 CIVIL TERM ORDER OF COURT AND NOW, this 20`h day of March, 2006, upon consideration of the attached letter from John J. Connelly, Jr., Esq., attorney for Plaintiff, the hearing previously scheduled for March 23, 2006, is cancelled. JAbn J. Connelly, Jr., Esq. P.O. Box 650 Hershey, PA 17033 Attorney for Plaintiff erard Boscaccy 512 North Front Street Apartment 2 Wormleysburg, PA 17043 Defendant, pro Se :rc BY THE COURT, J J n,'?r ,.,,? .??` ?? ,?'?'?j?, ? ? '? ???? ? ? r? ca, JJ '^,L : r t ? ,"-, MARGARET H. FORD-BOSCACCY,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. GERARD A. BOSCACCY, Defendant NO. 02 - 681 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this X7(4 day of"- 'h , 2006, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on March 9, 2006, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, Edgar B. Bay cc: ,?ohn J. Connelly, Jr. Attorney for Plaintiff rard A. Boscaccy a Defendant b 6? P!J MARGARET H. FORD-BOSCACCY,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. GERARD A. BOSCACCY, Defendant NO. 02 - 681 CIVIL IN DIVORCE THE MASTER Today is Thursday, March 9, 2006. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Margaret H. Ford-Boscaccy, and her counsel John J. Connelly, Jr., and the Defendant, Gerard A. Boscaccy. He is not represented by counsel in these proceedings. Attorney Radcliff was permitted to withdraw pursuant to an order of Court. The complaint in divorce was filed on February 8, 2002, raising grounds for divorce of irretrievable breakdown. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed and dated today by both parties. The affidavits will be filed by the Master's office with the Prothonotary; the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The complaint raised on behalf of wife a claim for equitable distribution; on October 15, 2002, husband filed a counterclaim raising on his behalf a claim 1 f for equitable distribution and claims for alimony, alimony pendente lite and counsel fees and costs. The parties were married on November 13, 1982, and separated January 7, 2002. They are the natural parents of three children. One of the children is emancipated and the remaining two minor children reside with wife. After negotiations previously and this morning, the Master has been advised that the parties have reached a settlement with respect to the outstanding economic issues. An agreement is going to be placed on the record in the presence of the parties. The agreement will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be during the transcription. The parties and counsel are going to return later this morning to review the transcription for typographical errors, make any corrections as necessary, and then sign the agreement affirming the terms of settlement as stated on the record. However, it is specifically noted that when the parties leave the hearing room they are bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the terms of settlement. Upon receipt by the Master of a completed 2 agreement the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Connelly. MR. CONNELLY: The parties, after negotiations this morning, have reached an agreement on the equitable distribution issues and Mr. Boscaccy by signing the agreement is waiving all claims raised in his counterclaim including but not limited to alimony, alimony pendente lite, and counsel fees and costs. 1. The parties have agreed that each party will retain assets in their possession which constitute the marital property existing as of the date of this hearing. By way of summary the parties have already divided equally the proceeds from the sale of the marital residence with each party receiving $11,378.49. 2. Mr. Boscaccy also is retaining his Pennsylvania School Employees Retirement System pension except as specifically set forth in this agreement. He is also retaining cash from a settlement of a suit against the Camp Hill School District in the amount of approximately $10,400.00 and is retaining responsibility for the payment of a Personal Service Loan to Members 1st Credit Union. 3. Wife will be retaining her distribution from the proceeds from the sale of the house, $11,378.49, cash value in a Minnesota Mutual Life Insurance policy in the amount of $6,585.75, $80.25 in value in Hemispherx stock, and $7,173.93 in marital value of Walmart stock. Wife shall retain all of the Walmart and Hemispherx stock designated as marital property in the pretrial statement. There was approximately 10 shares of Walmart stock that were nonmarital which is also included in the stock retained by wife. 4. Wife shall also assume two ACS loans, one in the amount 3 of $25,432.68 which is for wife's education and $14,626.82 which is their daughter Kelsey's school loan. 5. In order to equalize equitable distribution husband shall transfer from his pension at the Public School Employees Retirement System contribution account the sum of $30,000.00 at the time of his retirement. The amount to be awarded to wife, who will be considered the alternate payee, is $30,000.00 as of March 9, 2006, accumulated with interest at the statutory rate currently 4% per annum compounded annually from the current date until the date of the member husband's retirement. Upon death the $30,000.00 plus interest to date of death of husband will be paid from his retirement account. Husband shall be required to elect a retirement option that includes return of contributions in order to effectuate the payment of the $30,000.00 plus interest figure. In the event husband becomes disabled and retires on disability, he will pay to wife the sum of $500.00 per month until the amount due to wife is paid in full. The amount due to wife will be calculated based on $30,000.00 plus interest until the date of husband's disability. Husband shall cooperate in executing documents necessary to effectuate the Qualified Domestic Relations Order in this matter which will be prepared by Harry Leister. The cost of the preparation of the QDRO shall be borne by wife. Upon full satisfaction of payment to wife as forth herein, wife hereby waives any right to survivor benefits under the retirement plan except as specifically set forth herein. 6. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 4 MR. CONNELLY: Peggy, you understand and have heard what I have put on the record regarding this case? MS. FORD-BOSCACCY: Yes, sir. MR. CONNELLY: Do you understand that by entering this agreement you are waiving any other claims you may have had in this matter including but not limited to equitable distribution, any claims for any other awards provided by statute including alimony, alimony pendente lite, counsel fees, costs and expenses? MS. FORD-BOSCACCY: Yes, sir. MR. CONNELLY: Mr. Boscaccy, you've heard me put on the record the agreement; is this the agreement that you've agreed to? MR. BOSCACCY: Yes, sir. MR. CONNELLY: Do you understand that you are waiving claims raised in your original answer which included equitable distribution, alimony, alimony pendente lite, and costs and expenses? MR. BOSCACCY: Yes, sir. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: *JCoLor nnelly, G lai ffj 5 MARGARET H. FORD-BOSCACCY, Plaintiff vs. GERARD A. BOSCACCY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 681 CIVIL IN DIVORCE THE MASTER: Today is Thursday, March 9, 2006. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Margaret H. Ford-Boscaccy, and her counsel John J. Connelly, Jr., and the Defendant, Gerard A. Boscaccy. He is not represented by counsel in these proceedings. Attorney Radcliff was permitted to withdraw pursuant to an order of Court. The complaint in divorce was filed on February 8, 2002, raising grounds for divorce of irretrievable breakdown. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed and dated today by both parties. The affidavits will be filed by the Master's office with the Prothonotary; the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The complaint raised on behalf of wife a claim for equitable distribution; on October 15, 2002, husband filed a counterclaim raising on his behalf a claim 1 for equitable distribution and claims for alimony, alimony pendente lite and counsel fees and costs. The parties were married on November 13, 1982, and separated January 7, 2002. They are the natural parents of three children. One of the children is emancipated and the remaining two minor children reside with wife. After negotiations previously and this morning, the master has been advised that the parties have reached a settlement with respect to the outstanding economic issues. An agreement is going to be placed on the record in the presence of the parties. The agreement will be considered the substantive agreement cf the parties not subject to any changes or modifications except for correction of typographical errors which may be during the transcription. The parties and counsel are going to return later this morning to review the transcription for typographical errors, make any corrections as necessary, and then sign the agreement affirming the terms of settlement as stated on the record. However, it is specifically noted that when the parties leave the hearing room they are bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the terms of settlement. Upon receipt by the Master of a completed 2 agreement the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Connelly. MR. CONNELLY: The parties, after negotiations this morning, have reached an agreement on the equitable distribution issues and Mr. Boscaccy by signing the agreement is waiving all claims raised in his counterclaim including but not limited to alimony, alimony pendente lite, and counsel fees and costs. 1. The parties have agreed that each party will retain assets in their possession which constitute the marital property existing as of the date of this hearing. By way of summary the parties have already divided equally the proceeds from the sale of the marital residence with each party receiving $11,378.49. 2. Mr. Boscaccy also is retaining his Pennsylvania School Employees Retirement System pension except as specifically set forth in this agreement. He is also retaining cash from a settlement of a suit against the Camp Hill School District in the amount of approximately $10,400.00 and is retaining responsibility for the payment of a Personal Service Loan to Members 1st Credit Union. 3. Wife will be retaining her distribution from the proceeds from the sale of the house, $11,378.49, cash value in a Minnesota Mutual Life Insurance policy in the amount of $6,585.75, $80.25 in value in Hemispherx stock, and $7,173.93 in marital value of Walmart stock. Wife shall retain all of the Walmart and Hemispherx ;sock designated as marital property in the pretrial statement:. There was approximately 10 shares of Walmart stock that were nonmarital which is also included in the stock retained by wife. 4. Wife shall also assume two ACS loans, one in the amount 3 of $25,432.68 which is for wife's education and $14,626.82 which is their daughter Kelsey's school loan. 5. In order to equalize equitable distribution husband shall transfer from his pension at the Public School Employees Retirement System contribution account the sum of $30,000.00 at the time of his retirement. The amount to be awarded to wife, who will be considered the alternate payee, is $30,000.00 as of March 9, 2006, accumulated with interest at the statutory rate currently 4% per annum compounded annually from the current date until the date of the member husband's retirement. Upon death the $30,000.00 plus interest to date of death of husband will be paid from his retirement account. Husband shall be required to elect a retirement option that includes return of contributions in order to effectuate the payment of the $30,000.00 plus interest figure. In the event husband becomes disabled and retires on disability, he will pay to wife the sum of $500.00 per month until the amount due to wife is paid in full. The amount due to wife will be calculated based on $30,000.00 plus interest until the date of husband's disability. Husband shall cooperate in executing documents necessary to effectuate the Qualified Domestic Relations Order in this matter which will be prepared by Harry Leister. The cost of the preparation of the QDRO shall be borne by wife. Upon full satisfaction of payment to wife as forth herein, wife hereby waives any right to survivor benefits under the retirement plan except as specifically set forth herein. 6. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 4 0 MR. CONNELLY: Peggy, you understand and have heard what I have put on the record regarding this case? MS. FORD-BOSCACCY: Yes, sir. MR. CONNELLY: Do you understand that by entering this agreement you are waiving any other claims you may have had in this matter including but not limited to equitable distribution, any claims for any other awards provided by statute including alimony, alimony pendente lite, counsel fees, costs and expenses? MS. FORD-BOSCACCY: Yes, sir. MR. CONNELLY: Mr. Boscaccy, you've heard me put on the record the agreement; is this the agreement that you've agreed to? MR. BOSCACCY: Yes, sir. MR. CONNELLY: Do you understand that you are waiving claims raised in your original answer which included equitable distribution, alimony, alimony pendente lite, and costs and expenses? MR. BOSCACCY: Yes, sir. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Jo n J. Connelly, \ kar et H? t o ne for Plarrti f ooms cy _? l 3 ?61' G A. Boscaccy 3 _,; _, :??_ ?; t -9 MARGARET H. FORD, Plaintiff V. GERARD A. BOSCACCY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-681 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: Ground for divorce: irretrievable breakdown under Section ( XX ) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: by personal service on March 25, 2002 as evidenced by the Affidavit of Service filed on record on March 28, 2002. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff. March 9, 2006; by Defendant: March 9, 2006. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims have been settled at a Master's Hearing on March 9, 2006 by placing an agreement on the record. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: March 9, 2006; by Defendant: March 9, 2006. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Plaintiff's and Defendant's Waivers were filed on March 10, 2006. Date: JAMES, SMITH, DIETTERICK & CONNELLY, LLP / 4 - John J. e , Jr., Esquir Attotaey fPla' tiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 -_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MARGARET H. FORD, Plaintiff VERSUS GERARD A. BOSCACCY, Defendant DECREE IN DIVORCE AND NOW, /'+IpC,` e 2006 , IT IS ORDERED AND DECREED THAT Margaret H. Ford , PLAINTIFF, No. 02-6si AND Gerard A. Boscaccy DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Aqreement (transcript of Master nroceedina on March 9, 2006) is hereby incorporated, but not merged, into this Decree in Divorce. A"94. a E A • ?, s ?' ? JUN 2 8 2006 ',?yy COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Margaret H Ford-Boscaccv CIVIL ACTION - LAW Plaintiff VS. NO. 02-681 Gerard A Boscaccv IN DIVORCE Defendant STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this 14 day of 3 ¢,,ge Za °C . the parties, Margaret H. Ford- Boscaccy, Plaintiff and Gerard A. Boscaccy, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Gerard A. Boscaccy (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, Public School Employees' Retirement System (hereinafter referred to as "PSERS"). 2. PSERS, as a creature of statue, is controlled by the Public School Employees' Retirement Code, 24 Pa. C.S. §§8101-et. Seq. ("Retirement Code"). 3. Member's date of birth is May 7, 1958, and his Social Security number is 344-54-8603. 4. The Plaintiff, Margaret H. Ford-Boscaccy (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is December 29, 1961, and her Social Security number is 335- 60-1498. Member's last known mailing address is: 512 North Front Street, Apt. 2 Wormleysburg, PA 17043 n 'n C <, DRO Page 2 6. Alternate Payee's current mailing address is: 234 North Butterfield Road Libertyville, IL 60048 It is the responsibility of Alternate Payee to keep a current mailing address on file with PSERS at all times. The Member and the Alternate Payee agree that the Alternate Payee's equitable distribution portion of the Member's retirement benefits is $30,000.00 increased with interest at the statutory rate (currently 4% per annum) compounded annually from March 9, 2006, until the first to occur of (a) the date of commencement of a disability retirement benefit to the Member or (b) the date of death of the Member or (c) the date of commencement of a retirement benefit (other than a disability retirement benefit) to the Member. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by PSERS, including any lump sum withdrawals or scheduled or ad hoc increase, but not including the disability portion of any disability annuities paid to Member by PSERS as a result of a disability which occurs before the Member's marriage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by PSERS. The equitable distribution portion of the Member's retirement benefit, as set forth in Paragraph 7, shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by PSERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names DRO Page 3 Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to PSERS, which will authorize PSERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to PSERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement depends upon which options Member selects upon retirement. Member and Alternate Payee expressly agree that at the time Member files an Application for Retirement allow with PSERS: (a) Member shall elect to take a lump sum withdrawal of his accumulated deductions of at least the amount of the Alternate Payee's equitable distribution share, as set forth in Paragraph 7. Alternate Payee's equitable distribution portion, as set forth in Paragraph 7, shall be payable from that withdrawal. (b) In addition, Member may select any PSERS retirement option for his monthly annuity. 11. Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. The Member and Alternate Payee agree that if the Member becomes disabled, the Member shall file an application for disability retirement and he shall elect the maximum disability option. The Alternate Payee's share of the Member's disability retirement benefits shall be paid to the Alternate Payee, by deducting $500 from only the early retirement portion of the Member's monthly disability retirement benefit and paying this amount to the Alternate Payee until and only until the Alternate Payee's share, as set forth in Paragraph 7, has been fully paid. If the Member dies while receiving a disability retirement benefit from PSERS, any death benefit payable by PSERS shall be paid to the Alternate Payee to the extent, if any, that her equitable distribution portion of the Member's retirement benefit, as set forth in Paragraph 7, exceeds the total of the monthly payments he previously received. DRO Page 4 13. In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from PSERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by PSERS shall be paid to the Alternate Payee's estate to the extent of the Alternate Payee's equitable distribution portion of Member's retirement benefit. 14. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by PSERS. The Alternate Payee is only entitled to the specific benefits offered by PSERS as provided in this Order. All other rights, privileges and options offered by PSERS not granted to Alternate Payee by this Order are preserved for Member. 15. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require PSERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require PSERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 16. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 17. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 18. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon PSERS immediately. The Domestic Relations Order shall take effect immediately upon PSERS approval and PSERS approval of any attendant documents and then shall remain in effect until further Order of the Court. DRO Page 5 WHEREFORE, the parties, intending to be legally bound by the terns of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT Ut/? Plaintiff/Alter ate Payee A on y or P htiff/Altern a Pa -36 - X(44?CdL?? Witness for Defendant/Member > } ? rrt .-i r? T .. ? `. r` n?i r^•`•) j T,, '?// ?,, x rN John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Petitioner MARGARET H. FORD, Plaintiff/Petitioner V. GERARD A. BOSCACCY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-681 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT AND NOW comes the Plaintiff/Petitioner, Margaret H. Ford, by and through her counsel, John J. Connelly, Jr., Esquire and the law firm of James, Smith, Dietterick & Connelly, LLP, and hereby files the within Petition to Enforce Marriage Settlement Agreement as follows: 1. The Petitioner is Margaret H. Ford who currently resides at 234 North Butterfield Road, Libertyville, Illinois 60048. 2. The Respondent is Gerard A. Boscaccy who currently resides at 512 North Front Street, Apartment 2, Wormleysburg, Pennsylvania 17043. 3. Pursuant to the terms of the parties Property Settlement Agreement entered before the Master on March 9, 2006, a copy of which is attached hereto and marked as Exhibit "A", the Respondent agreed that he would cooperate fully in order to have a DRO prepared and completed to transfer the Respondent's interest in his PSERS pension (see paragraph 5 thereof). 4. The Petitioner, at her expense, had the DRO prepared, forwarded to the Commonwealth for approval and processing on July 7, 2006. A copy of correspondence forwarded to PSERS is attached hereto and marked as Exhibit "B". 5. On April 6, 2007, correspondence was forwarded to the Respondent by PSERS requiring him to do submit a completed "Nomination of Beneficiary" and execute an authorization, allowing the Petitioner to access his PSERS retirement account. A copy of correspondence sent to the Respondent is attached hereto and marked as Exhibit "C". 6. As of the date of this Petition, the Respondent has failed and refused to complete his portion of the requirements of the Agreement and the payment to the Petitioner per the DRO is in jeopardy because of the Respondent's failure. 7. In spite of the fact that the requirements under the terms of the Agreement are clear, the Respondent has willfully disregarded correspondence regarding same. 8. The Petitioner has already incurred $500.00 in counsel fees for the preparation of this Petition and expects at least an additional $500.00 in fees to attend a hearing in this matter. WHEREFORE, your Petitioner requests that the Court direct the Respondent be ordered to immediately sign all documents necessary and pay counsel fees as directed by the Court for his failure to comply with the agreement of the parties. Respectfully submitted, Dated JAMES, SMITH, DIETTERICK & CONNELLY, LLP By: . o elly, Jr. iJ I. . #15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Petitioner 2 VERIFICATION The undersigned, John J. Connelly, Jr., Esquire, of the law firm of James, Smith, Dietterick & Connelly, LLP, Hershey, Pennsylvania, hereby certifies that the foregoing Petition has been prepared by me by knowledge and information acquired during the course of my representation of Plaintiff, Margaret H. Ford; that I execute this verification as a signature of said Plaintiff cannot be obtained in the time permitted for the filing of this pleading; and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: LOQ??r Jo 0 nne , Jr., Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MARGARET H. FORD, Plaintiff VERSUS GERARD A. BOSCACCY, Defendant DECREE IN DIVORCE AND NOW, April 6 DECREED THAT Margaret H. Ford , PLAINTIFF, AND Gerard A. Boscaccy DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The attached Agreement (transcript of Master Droceedina on March 9, 2006) is hereby incorporated, but not merged, into this Decree in Divorce. BY THE COURT: J. Wesley Oler, Jr. ATTEST_ Certified Copy Issued- April 6, 2006 PROTHONOTARY No. 02-681 2006 IT IS ORDERED AND MARGARET H. FORD-BOSCACCY,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 681 CIVIL GERARD A. BOSCACCY, c= Defendant IN DIVORCE H.- -F -Ti - r Ti I _ THE MASTER: Today is Thursday, Mardi 9, ?r- r 2006. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Margaret H. Ford-Boscaccy, and her counsel John J. Connelly, Jr., and the Defendant, Gerard A. Boscaccy. He is not represented by counsel in these proceedings. Attorney Radcliff was permitted to withdraw pursuant to an order of Court. The complaint in divorce was filed on February 8, 2002, raising grounds for divorce of irretrievable breakdown. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree signed and dated today by both parties. The affidavits will be filed by the Master's office with the Prothonotary; the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The complaint raised on behalf of wife a claim for equitable distribution; on October 15, 2002, husband filed a counterclaim raising on his behalf a claim 1 for equitable distribution and claims for alimony, alimony pendente lite and counsel fees and costs. The parties were married on November 13, 1982, and separated January 7, 2002. They are the natural parents of three children. One of the children is emancipated and the remaining two minor children reside with wife. After negotiations previously and this morning, the Master has been advised that the parties have reached a settlement with respect to the outstanding economic issues. An agreement is going to be placed on the record in the presence of the parties. The agreement will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be during the transcription. The parties and counsel are going to return later this morning to review the transcription for typographical errors, make any corrections as necessary, and then sign the agreement affirming the terms of settlement as stated on the record. However, it is specifically noted that when the parties leave the hearing room they are bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the terms of settlement. Upon receipt by the Master of a completed 2 agreement the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Connelly. MR. CONNELLY: The parties, after negotiations this morning, have reached an agreement on the equitable distribution issues and Mr. Boscaccy by signing the agreement is waiving all claims raised in his counterclaim including but not limited to alimony, alimony pendente lite, and counsel fees and costs. 1. The parties have agreed that each party will retain assets in their possession which constitute the marital property existing as of the date of this hearing. By way of summary the parties have already divided equally the proceeds from the sale of the marital residence with each party receiving $11,378.49. 2. Mr. Boscaccy also is retaining his Pennsylvania School Employees Retirement System pension except as specifically set forth in this agreement. He is also retaining cash from a settlement of a suit against the Camp Hill School District in the amount of approximately $10,400.00 and is retaining responsibility for the payment of a Personal Service Loan to Members lst Credit Union. 3. Wife will be retaining her distribution from the proceeds from the sale of the house, $11,378.49, cash value in a Minnesota Mutual Life Insurance policy in the amount of $6,585.75, $80.25 in value in Hemispherx stock, and $7,173.93 in marital value of Walmart stock. Wife shall retain all of the Walmart and Hemispherx stock designated as marital property in the pretrial statement. There was approximately 10 shares of Walmart stock that were nonmarital which is also included in the stock retained by wife. 4. Wife shall also assume two ACS loans, one in the amount 3 of $25,432.68 which is for wife's education and $14,626.82 which is their daughter Kelsey's school loan. 5. In order to equalize equitable distribution husband shall transfer from his pension at the Public School Employees Retirement System contribution account the sum of $30,000.00 at the time of his retirement. The amount to be awarded to wife, who will be considered the alternate payee, is $30,000.00 as of March 9, 2006, accumulated with interest at the statutory rate currently 4% per annum compounded annually from the current date until the date of the member husband's retirement. Upon death the $30,000.00 plus interest to date of death of husband will be paid from his retirement account. Husband shall be required to elect a retirement option that includes return of contributions in order to effectuate the payment of the $30,000.00 plus interest figure. In the event husband becomes disabled and retires on disability, he will pay to wife the sum of $500.00 per month until the amount due to wife is paid in full. The amount due to wife will be calculated based on $30,000.00 plus interest until the date of husband's disability. Husband shall cooperate in executing documents necessary to effectuate the Qualified Domestic Relations Order in this matter which will be prepared by Harry Leister. The cost of the preparation of the QDRO shall be borne by wife. Upon full satisfaction of payment to wife as forth herein, wife hereby waives any right to survivor benefits under the retirement plan except as specifically set forth herein. 6. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. 4 MR. CONNELLY: Peggy, you understand and have heard what I have put on the record regarding this case? MS. FORD-BOSCACCY: Yes, sir. MR. CONNELLY: Do you understand that by entering this agreement you are waiving any other claims you may have had in this matter including but not limited to equitable distribution, any claims for any other awards provided by statute including alimony, alimony pendente lite, counsel fees, costs and expenses? MS. FORD-BOSCACCY: Yes, sir. MR. CONNELLY: Mr. Boscaccy, you've heard me put on the record the agreement; is this the agreement that you've agreed to? MR. BOSCACCY: Yes, sir. MR. CONNELLY: Do you understand that you are waiving claims raised in your original answer which included equitable distribution, alimony, alimony pendente lite, and costs and expenses? MR. BOSCACCY: Yes, sir. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: l d? o J. Connelly, J A*aret H. t o ne for Planti f F19 cy l G A. Boscaccy 5 JAlviliS SMITH DmTrEmcK & CONNELLY LLP John J. Connelly, Jr. aicCjsdc.com FAX 717.533.7771 July 7, 2006 PSERS Attn: Greg Lazorcik P.O. Box 125 Ha>'risburg, PA 17108-0125 Re: Gerard A. Boscaccy SS # 344-54-8603 Dear Mr. Lazorcik: Please find enclosed for processing an original Qualified Domestic Relations Order which has now been signed by Judge Oler on June 29, 2006. If you need anything further, please advise. JJC/mbl Enclosure cc: Margaret H. Ford Gerard A. Boscaccy P.O BOX 650 HERSHEY PA 17033 Cowier Addfess 134 SIPE AVENUE HUMMELSTOWN, PA 17036 TEL- 7 .7 533 3280 V,&VW JSDC.COM GARY L. JAMES MAX J. SMITH, JR. JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE MATTHEW CHABAL, III GREGORY K. RICHARDS SUSAN M. KADEL JARAD W. HANDELMAN DONNA M. MULLIN EDWARD P. SEEBER NEIL W. YAHN COURTNEY L. KISHEL KIMBERLY A. DEWITT JEFFREY M. MCCORMICK OF COUNSEL: BERNARD A. RYAN, JR. JUN z a zooe F' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Margaret H. Ford-Boscaccy CIVIL ACTION - LAW Plaintiff VS. : NO. 02-681 Gerard A. Boscaccy : IN DIVORCE Defendant,. STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" i AND NOW, this day of )-86 the parties, Margaret H. Ford- Boscaccy, Plaintiff and Gerard A. Boscaccy, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Gerard A_ Boscaccy (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, Public School Employees' Retirement System (hereinafter referred to as "PSERS"). 2. PSERS, as a creature of statue, is controlled by the Public School Employees' Retirement Code, 24 Pa. C.S. §§8101-et. Seq. ("Retirement Code"). 3. Member's date of birth is May 7, 1958, and his Social Security number is 344-54-8603. 4. The Plaintiff, Margaret H. Ford-Boscaccy (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is December 29, 1961, and her Social Security number is 335- 60-1498. 5. Member's last known mailing address is: 512 North Front Street, Apt. 2 Wormleysburg, PA 17043 DRO Page 2 Alternate Payee's current mailing address is: 234 North Butterfield Road Libertyville, IL 60048 It is the responsibility of Alternate Payee to keep a current mailing address on file with PSERS at all times. The Member and the Alternate Payee agree that the Altemate Payee's equitable distribution portion of the Member's retirement benefits is $30,000.00 increased with interest at the statutory rate (currently 4% per annum) compounded annually from March 9, 2006, until the first to occur of (a) the date of commencement of a disability retirement benefit to the Member or (b) the date of death of the Member or (c) the date of commencement of a retirement benefit (other than a disability retirement benefit) to the Member. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by PSERS, including any lump sum withdrawals or scheduled or ad hoc increase, but not including the disability portion of any disability annuities paid to Member by PSERS as a result of a disability which occurs before the Member's marriage to Alternate Payee or after the date of the Member and Altemate Payee's final separation. Member's retirement benefit does not include. any deferred compensation benefits paid to Membcr by PSERS. The equitable distribution portion of the Member's retirement benefit, as set forth in Paragraph 7, shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by PSERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death- (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names DRO Page 3 Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to PSERS, which will authorize PSERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to PSERS which will allow the Alternate Payee to check that she has been and continues to be property nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement depends upon which options Member selects upon retirement. Member and Alternate Payee expressly agree that at the time Member files an Application for Retirement allow with PSERS: (a) Member shall elect to take a lump sum withdrawal of his accumulated deductions of at least the amount of the Alternate Payee's equitable distribution share, as set forth in Paragraph 7. Alternate Payee's equitable distribution portion, as set forth in Paragraph 7, shall be payable from that withdrawal. (b) In addition, Member may select any PSERS retirement option for his monthly annuity. 11. Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. The Member and Alternate Payee agree that if the Member becomes disabled, the Member shall file an application for disability retirement and he shall elect the maximum disability option. The Alternate Payee's share of the Member's disability retirement benefits shall be paid to the Alternate Payee, by deducting $500 from only the early retirement portion of the Member's monthly disability retirement benefit and paying this amount to the Alternate Payee until and only until the Alternate Payee's share, as set forth in Paragraph 7, has been fully paid. If the Member dies while receiving a disability retirement benefit from PSERS, any death benefit payable by PSERS shall be paid to the Alternate Payee to the extent, if any, that her equitable distribution portion of the Member's retirement benefit, as set forth in Paragraph 7, exceeds the total of the monthly payments he previously received- DRO Page 4 13_ In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from PSERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by PSERS shall be paid to the Alternate Payee's estate to the extent of the Alternate Payee's equitable distribution portion of Member's retirement benefit- 14. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by PSERS_ The Alternate Payee is only entitled to the specific benefits offered by PSERS as provided in this Order. All other rights, privileges and options offered by PSERS not granted to Alternate Payee by this Order are preserved for Member. 15. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require PSERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require PSERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 16. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 17. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 18. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon PSERS immediately. The Domestic Relations Order shall take effect immediately upon PSERS approval and PSERS approval of any attendant documents and then shall remain in effect until further Order of the Court. DRO Page 5 WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT Plaintiff/Alte ate Payee l A fto y for Pl 'ntifVAltern to Pa Witness for Defendant/Member 'T WPY FROM RE-CORD T . y WN'eq f(, I hOre U(40 ?sQett myyt t--? / '?'i/" Carftm,, Pad ?, ww vv ci 'U A laws ( I I MU) Wj,t6 for y ow rota,, COMMONWEALTH OF PENNSYLVANIA PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM Mailing Address PO Box 125 Harrisburg PA 17108-0125 Toll-Free - 1-888-773-7748 (1-888-PSERS4U) Local - 717-787-8540 Building Location 5 north 5th Street Harrisburg PA April 6, 2007 Gerard Boscaccy Apartment 2 512 North Front Street Wormleysburg PA 17043 Web Address: www.psers.state.pa.us S.S.# ***-**-8603 Dear Mr. Boscaccy: The Public School Employee's Retirement System (PSERS) reviewed the court-signed Domestic Relations Order (DRO) received on July 10, 2006 (copy enclosed). This DRO has been qualified and approved by PSERS, with the following assumption, and has been placed in your retirement file to be used by PSERS when processing your retirement benefit. Should your retirement plan conflict with the terms of the ADRO, it is your responsibility to have the court modify the ADRO and to have the modified DRO sent to PSERS. Additionally, you must submit a completed "Nomination of Beneficiary" (PSRS-187) and execute an authorization, in a form acceptable by PSERS, allowing Margaret Ford- Boscaccy access to your PSERS retirement account. Blank copies of both forms are enclosed. A copy of the Divorce Decree will also be required. PSERS role in interpreting Domestic Relations Orders is to determine compliance with the Retirement Code and not whether the terms are beneficial to either party, or are in compliance with other agreements (e.g. Marital/Property Settlement Agreements) established between the parties. The parties should consult their own advisors about whether the terms are advantageous to them or are in compliance with other agreements. The reference to "unless increased benefits are paid to Member based upon cost-of- living adjustments..." will be ignored if the Alternate Payee's equitable distribution is satisfied through a lump sum payment or the Member retires under a disability retirement and the Alternate Payee receives a specific dollar amount each month. As written, the DRO implies that the Alternate Payee is eligible for cost-of-living adjustments (COLAS) that the member may receive. Neither of these scenarios make provision for COLAs to be paid to the Alternate Payee. Our interpretation of the Domestic Relations Order is: Gerard Boscaccy S.S. # ***-**-8603 April 6, 2007 Page 2 In the event of the death of the Member prior to retirement, the following conditions apply: • The Alternate Payee is entitled to her equitable distribution interest in the Member's death benefit. Her interest in the Member's death benefit is $30,000.00 plus interest on that amount from March 9, 2006 until the Member's date of death. • The Member is required to nominate the Alternate Payee as an irrevocable beneficiary to the extent of her equitable distribution interest as outlined above for any death benefits payable by PSERS. A Nomination of Beneficiary form is included for the Member to complete and return to the address indicated above. Below is an example of how the Member should complete the enclosed Nomination of Beneficiary form: Margaret Ford-Boscaccy - According to ADRO (Do not list percentage, address or Social Security number) • The non-marital portion of the Member's death benefit will be paid to the last known designated beneficiary(ies) on file with PSERS. This person has not been named in the DRO. In the event of the death of the Alternate Payee prior to the Member's retirement, the following conditions apply: • The Alternate Payee's equitable distribution interest in the Member's retirement benefit shall be paid to the Alternate Payee's Estate. In order to effectuate this provision of the DRO the Alternate Payee's Estate must remain open and unsettled so that payments can be made. In the event the Member and the Alternate Payee are both alive at the time of the Member's retirement, the following conditions apply: • If the Member retires under a regular retirement, the Member may elect any retirement option available to him at the time he submits his Application for Retirement. The Alternate Payee will not be entitled to any portion of the Member's monthly retirement benefit. Gerard Boscaccy S.S. # ***-**-8603 April 6, 2007 Page 3 The Member may elect to withdraw all or a portion of his contributions and interest but at a minimum must elect to withdraw contributions and interest in the amount of $30,000.00 plus statutory interest on that amount from March 9, 2006, to the member's date of retirement, plus installment interest from the Member's date of retirement through the date of distribution. This withdrawal will satisfy the Alternate Payee's equitable distribution interest in the Member's benefit. The Alternate Payee is eligible to rollover any portion of the lump sum installment payment received. PSERS will contact the Alternate Payee regarding this matter at the time of the Member's retirement. It is the responsibility of the Alternate Payee to maintain current address information with PSERS. If PSERS is unable to locate the Alternate Payee, no interest will accrue on payments held on her behalf. The Alternate Payee shall not be entitled to any Cost of Living Allowances (COLAs) provided to the Member. • Should the Member file an Application for Disability Retirement, he must select the Maximum Single Life Annuity as his monthly benefit option. Under a Disability Retirement, the Alternate Payee is entitled to a monthly annuity of $500.00 from the Member's early retirement portion of the Member's monthly disability retirement benefit. This amount will be paid to the Alternate Payee until an amount equal to $30,000.00 plus interest from March 9, 2006 to the date of the Member's disability disbursement is satisfied. The following conditions apply upon the Member's death after retirement: • If the Member retired under a regular retirement, there will be nothing due the Alternate Payee, as her equitable distribution interest was satisfied by a lump sum payment when the Member retired. • If the Member retired under a Disability Retirement, and having elected the Maximum Single Life Annuity, the Alternate Payee will receive the remaining balance due her, if any, to an amount equal to $30,000.00 plus interest from March 9, 2006 to the retirement date of the Member's disability. Gerard Boscaccy S.S. # ***-**-8603 April 6, 2007 Page 4 In the event of the death of the Alternate Payee after the Member's retirement, the following conditions apply provided the Member is still living: • If the Member retired under a regular retirement, this is a moot point as the Alternate Payee's equitable distribution interest in the Member's retirement benefit will be satisfied at the time of the Member's retirement. • If the Member retired under a disability retirement, the Alternate Payee's equitable distribution interest in the Member's retirement benefit shall be paid to the Alternate Payee's Estate. If any of the parties do not agree with the interpretation of this ADRO, please contact PSERS by May 7, 2007. If PSERS is not contacted by May 7, 2007, we will assume the interpretation to be uncontested and the ADRO will be filed and used when processing the member's retirement benefit once a divorce decree is received. If I can be of further assistance, you may reach me by calling toll-free 1-888-773-7748 Extension 4846, (local calls 720-4846) between 8:00 a.m. and 3:30 p.m. each business day. If you prefer, you may also reach me by FAX at 717-787-7021. Sincerely, l F Brenda L. Fleming Exception Processing Cente' Enclosure(s) cc: John J. Connelly, Jr., Esquire? Margaret Ford-Boscaccy ry ?: --? ter- :, k-f JUL 1 0 2006 1 P.S.E.R.S. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Margaret H. Ford-Boscaccv Plaintiff CIVIL ACTION - LAW VS. Gerard A. Boscaccv Defendant. JUN x s zons?) NO. 02-681 IN DIVORCE STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this jlq_ day of the parties, Margaret H. Ford- Boscaccy, Plaintiff and Gerard A. Boscaccy, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Gerard A. Boscaccy (hereinafter referred to as "Member") is a member of the Commonwealeh of Pennsylvania, Public School Employees' Retirement System (hereinafter referred to as "PSERS"). 2- PSERS, as a creature of statue, is controlled by the Public School Employees' Retirement Code, 24 Pa. C. S_ §§8101-et. Seq. ("Retirement Code"). 3: Member's date of birth is May 7, 1958, and his Social Security number is 344-54-8603. 4. The Plaintiff, Margaret H. Ford-Boscaccy (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is December 29, 1961, and her Social Security number is 335- 60-1498. 5. Member's last known mailing address is: 512 North Front Street, Apt. 2 Wormleysburg, PA 17043 Rrr 3 t:'t1 DRO Page 2 JUL 10 2056 1 P.S.E.R.S. :9 Alternate Payee's current mailing address is: 234 North Butterfield Road Libertyville, IL 60048 times. It is the responsibility of Alternate Payee to keep a current mailing address on file with PSERS at all 7. The Member and the Alternate Payee agree that the Alternate Payee's equitable distribution portion of the Member's retirement benefits is $30,000.00 increased with interest at the statutory rate (currently 4% per annum) compounded annually from March 9, 2006, until the first to occur of (a) the date of commencement of a disability retirement benefit to the Member or (b) the date of death of the Member or (c) the date of commencement of a retirement benefit (other than a disability retirement benefit) to the Member. Member's retirement benefit is defined as all monies paid to or on behalf of Member by PSERS, including any lump stun withdrawals or scheduled or ad hoc increase, but not including the disability portion of any disability annuities paid to Member by PSERS as a result of a disability which occurs before the Member's marriage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by PSERS_ The equitable distribution portion of the Member's retirement benefit, as set forth in Paragraph 7, shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an iTrevocahle. beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by PSERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death- (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names ? V DRO Page 3 JUL 10 2006 1 P.S.E.R.S. X Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries f=orm filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shalt be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to PSERS, which will authorize PSERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to PSERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable to Alternate Payee after PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement depends upon which options Member selects upon retirement. Member and Alternate Payee expressly agree that at the time Member files an Application for Retirement allow with PSERS: (a) Member shall elect to take a lump sum withdrawal of his accumulated deductions of at least the amount of the Alternate Payee's equitable distribution share, as set forth in Paragraph 7. Alternate Payee's equitable distribution portion, as set forth in Paragraph 7, shall be payable from that withdrawal. (b) In addition, Member may select any PSERS retirement option for his monthly annuity. I I . Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. The Member and Alternate Payee agree that if the Member becomes disabled, the Member shall file an application for disability retirement and he shall elect the maximum disability option. The Alternate Payee's share of the Member's disability retirement benefits shall be paid to the Alternate Payee, by deducting $500 from only the early retirement portion of the Member's monthly disability retirement benefit and paying this amount to the Alternate Payee until and only until the Alternate Payee's share, as set forth in Paragraph 7, has been fully paid. If the Member dies while receiving a disability retirement benefit from PSERS, any death benefit payable by PSERS shall be paid to the Alternate Payee to the extent, if any, that her equitable distribution portion of the Member's retirement benefit, as set forth in Paragraph 7, exceeds the total of the monthly payments he previously received. i' ,t DRO Page 4 1 P.S.E.R.S. 13_ In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from PSERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by PSERS shall be paid to the Alternate Payee's estate to the extent of the Alternate Payee's equitable distribution portion of Member's retirement benefit. 14. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by PSERS. The Alternate Payee is only entitled to the specific benefits offered by PSERS as provided in this Order. All other rights, privileges and options offered by PSERS not granted to Alternate Payee by this Order are preserved for Member. JUL 10 2006 15. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require PSERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require PSERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based.upon cost of living or increases based on other than actuarial values. 16. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 17. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 18_ Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon PSERS immediately. The Domestic Relations Order shall take effect immediately upon PSERS approval and PSERS approval of any attendant documents and then shall remain in effect until further Order of the Court. f r DRO Page 5 JUL 10 2006 1,P.S.E.R.S. N WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT wwk? Plaintiff/Alte ate Payee 1 A o y Uf?or ' tiff/Altem to Pa LI Witness for Defendant/Member I" GOPY FROM RECORD 6 Us''fwy whereel. ! i',gre urlt0 get my t>go tad the seal of y•r.; . ? 'CarIISje, Pa, ' , f I . ! MARGARET H. FORD, Plaintiff/Petitioner v. GERARD A. BOSCACCY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-681 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Petitioner, Margaret H. Ford, hereby certify that I have served a copy of the foregoing Petition to Enforce Marriage Settlement Agreement on the following on the date and in the manner indicated below: VIA U.S. MAIL, FIRST CLASS, PRE-PAID Gerard Boscaccy 512 North Front Street Apartment 2 Wormleysburg, PA 17043 Dated: q -3- By: JAMES, SMITH, DIETTERICK & CONNELLY, LLP Jr. Awe IDY5615 P. 0. Box 0 Hershey, PA 17033-0650 (717) 533-3280 J Attorneys for Petitioner " eTI rl.? y C AUG 0 7 2007?? MARGARET H. FORD, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. No. 02-681 CIVIL TERM GERARD A. BOSCACCY, CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE ORIGINAL RULE TO SHOW CAUSE ze-o7 AND NOW, this day of 2006, a Rule to Show Cause is entered upon the Respondent, Gerard A. Boscaccy, to show why the Petition to Enforce Marriage Settlement Agreement filed in the above-captioned matter shall not be granted. Rule returnable 2.0 days from service. BY THE COURT: stribution: J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 erard Boscaccy, 512 North Front Street, Apartment 2, Wormleysburg, PA 17043 ? o off'/ + ? :z d s- onv Looz AHVIONCHIGc'd Ea dQ i Gerard A. Boscaccy Pro Se 512 N. Front Street Apartment #2 Wormleysburg, PA 17043 MARGARET H. FORD, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. GERARD A. BOSCACCY, Defendant/Respondent No. 02-681 CIVIL TERM CIVIL ACTION - LAW IN DIVORICE DEFENDANT/RESPONDENT'S RESPONSE TO PLAINTIFF/PETITIONER'S PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT Defendant/Respondent, Gerard A. Boscaccy, hereby submits this Response to Plaintiff/Petitioner's Petition to Enforce Marriage Settlement Agreement and respectfully requests that the Court DENY Plaintiff/Petitioner's request for counsel fees. In support thereof, Defendant/Respondent avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied as stated. Defendant/Respondent contends that Exhibit "B" shows that Plaintiff/Petitioner's Counsel forwarded the DRO to PSERS on July 7, 2006. Defendant/Respondent cannot admit that Petitioner sent the DRO at her own expense. 5. Admitted. 6. Admitted in part, denied in part. Defendant/Respondent admits that he failed to send the requested documents to PSERS. However, Defendant/Respondent denies that he has refused to do so and at no time has he indicated an intentional refusal to cooperate with the requirements of the Agreement. Defendant/Respondent states that he fully intends to comply with the requirements and further states that his delay in complying with PSERS's request. for documents was not intended to deliberately injure or jeopardize Plaintiff/Petitioner in any way. As good faith of this intention, Defendant/Respondent has sent all the required documents to PSERS on or about August 11, 2007. See Exhibit "A", attached hereto. 7. Denied. By no means has Defendant/Respondent willfully disregarded the correspondence from the PSERS. 8. Defendant/Respondent cannot admit nor deny what counsel fess the Plaintiff/Petitioner has incurred and what fees she will incur due to this Petition. Defendant/Respondent avers that at no time did Plaintiff/Petitioner's Counsel make a good faith effort to address the concerns stated in this Petition with Defendant/Respondent without Court involvement. Defendant/Respondent further avers that had Plaintiff/Petitioner's Counsel made a good faith effort to bring Defendant/Respondent's failure to comply with the requests of the PSERS to his attention, Defendant/Respondent would have immediately rectified his failure to produce the requested documents, as he has already done. WHEREFORE, Defendant/Respondent requests that this Honorable Court deny Plaintiff/Petitioner's request for counsel fees. Respectfully Submitted, B A. BOSCACCY Pro Se Dated: August l3 , 2007 2 VERIFICATION I, Gerard A. Boscaccy, hereby state that I am authorized to make this Verification and hereby state that the statements made in the foregoing Defendant/Respondent's Response to Plaintiff/Petitioner's Petition to Enforce Marriage Settlement Agreement are true and correct to the best of my knowledge, information and belief; and that I make these statements subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. D A. BOS s CERTIFICATE!2F SERVICE I, Gerard A. Boscaccy, hereby certify that on or about this I It' day of August, 2007, I caused a true and correct copy of the foregoing Defendant/Respondent's Response to Plaintiff/Petitioner's Petition to Enforce Marriage Settlement Agreement, to be served on all counsel of record, via first-class mail, addressed as follows: John J. Connelly, Jr., Esquire James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 41Fx?ri6/ 7""Mo s Commonweafth of Pennsylvania - Public School Employees' Retirement System PO Box 12 Harrisburg PA 17108-0125 Toll-free: 1 Nomination of Beneficiaries Web Address: www.psers.stete.pa.us PSRS-187 (05!2005) Member information Member Name 6CPAI-ep , Social Number security Numb 344 , sL(- 860,3 (lender 01 pfci ' Date of Birth 8 o S 0 7 Former Last Name this (only If used In Check here N you do not want your beneficiary ? to appear on your annual Statement of Account Member Address Change 0 Check here it new address Apt# or suite street Address City State a Zip Code Daytime Phone Evening Phone Primary Beneficiary - Naming One Or More Individuals Complete this section to designate one or more individuals as a primary beneficiary. Indicate what percentage (e.g., 25%, 331/3%, 50%, etc.) of your benefit should be distributed to each named primary beneficiary in the event of your death. The total percentage of Sections S and C must equal 100%. percent (llrst, mNam lddir, ?) social security Numbe r Gender RelatbnsiriM (street, city, stage, * code) Address lJ? sO R 0 3?8 -NSF- a 8? a 3,)Q s toT*.sT,;-s t, A Aru'A /0-7 NorWNitisw; _ irate t af; 3'. . I US =-III- Primary Beneficiary - Naming An Estate, Trust, Or Charity Complete this section to designate your estate and/or one or more trusts or charities as a primary beneficiary. Indicate what percentage (e.g., 25%, 331/3%, 50%, etc.) of your benefit should be distributed to each named estate, trust, or charity in the event of your death. The total percentage of Sections d and C must equal 100% Indicate Charity Nast Contact Address Percent Estate, Trust, or Charity (if applicable) Contact Name (sue, may, stab, sip code) C) Estate 0 Trust O Chari a Estate 0 Trust O Charity a Estate 0 Trust Q Charity • Secondary Beneficiary - Naming One Or More Individuals Complete this section to designate one or more individuals as a secondary beneficiary. You may designate the distribution of a benefit to secondary beneficiaries in one of two ways: using percentages or preferential order. If you wish to designate your secondary beneficiaries using percentages, indicate in the Percent/Order column what percentage (e.g., 23%, 33 1/3%, 50%, etc.) of your benefit should be distributed to each named secondary beneficiary in the event of your death and the deaths of all named primary beneficiaries. The total percentage of Sections D and E must equal 100%. If you wish to designate your secondary beneficiaries using preferential order, indicate the order of preference in the Percent/Order column (e.g., 1, 2, 3, etc.) between Sections D and L if all primary beneficiaries predecease you and you choose preferential order, full payment will be made tD the Arai secondary beneficiary. If that ind ividual also predeceases you, full payment will be made to the second secondary beneficiary, and so on in preferential order. Percent/ Name Social Security D01* of Firth Gender Relationship Address Order (first, mule, last) Number Im"W" OP-) (street, city. stab, sip code) Hain eta - 04li2bf T; Secondary Beneficiary - Naming An Estate, Trust, Or Charity Complete this sscton to designate your estate and/or one or more trusts or charities as a secondary beneficiary. You may designate the distnbution of a bensfd to secondary beneficiaries in one of two ways: using pwcw tages or pre/erenbal order wish to designate your secondary beneficiaries using percentages, indicate in the Percent/Order column what pwcwft a (e.g., AT, 331/3%, 50%, etc.) of your benefit should be distributed to each named secondary beneficiary in the event of your ddeeaalh and the deaths of all named primary beneficiaries. The total percentage of Sections D and E must equal 100% If you wish to designate your secondary beneficiaries using preferential order, indicate the order of prWwance in the PercwWOrder column (e.g., 1, 2, 3, etc.) between Sections D and E. If all primary beneficiaries predecease you "you dioose prellwintial order, full payment will be made to the first secondary beneficiary. If that individual also predeceases you, full payment will be made to the second secondary beneficiary, and so on in preferential order. Pereen Indicate Rststs, Trust, or Charity Name Contact Name Contact Address Order Charity (if appileabie) (street, city, state, zip code) 0 Estate O Trust a Charity O Estate 13 Trust Q 0 Estate 0 Trust D Chart Guardian Information Complete this section to name a guardian for any named primary and/or secondary beneficiary less than 18 years of age. You may not list yourself as a guardian. I Guardian Name(s) I Address I Minor Nams(s) I (street. city, state, sip code) Member Certification I certify that all statements provided on this form are accurate. I agree that any deliberate misrepresentation for the purpose of obtaining benefits is an offense punishable by law. 1 also agree that it is important to keep my nomination current. 1--7 -.--1 ? Z?7J Date NoetitsAitrrof ftAP lot: 31 Of PO Box 123 Harrisburg, B 17108-0123 No don of mft es Toll-free: 1--888-?73-1748 PSRS-1233 (02/2001) Addendum Form """°`•""? This form is to be used in conjunction with a Nomination of Beneficiaries form (PSRS-187). List the first four Principal and/or Contingent Beneficiaries on the Nomination of Beneficiaries form. Any additional Principal and/or Contingent Beneficiaries should appear on this form. Do not duplicate the names of your beneficiaries listed on your Nomination of Beneficiaries form on this Addendum. A. PMCMA L IISNRFKIARILS Percent Name (L-4 First. Ml) Social Security Number Date of Birth Sex Add- (Street, Coy, Suit, Zip) 131 8,Z r-7 3 S. >.?. sr IPA P/o C.AP04,FO44, E. CONTINGENT WNWICU RI1S Orday Name (tAck First, Mq Social Security Number Date of Birth Sex Addres (Street. City, state, Zip) ' (1) Guvdtm% Name (Lrt. Fiat, Ml) (2) Gaardlml. Addren (Street, City. state, ZIP) (3) Mi. B-fldary(W Name(s) of D. CERTIFICATION Member's S- ure + / Member's Social Security* Date of S' tore ' - )6'-' ? - 4/ y . 1?4 - '9 t! 'n ? M--1h Day Year -123301- Commonwealth of Pennsylvania - Public School Employees' Retirmement System PO Box 125 Harrisburg PA 17108-0125 Toll-free: 1-888-773-7748 Web Address: www.psers.state.pa.us PSRS-1273 Authorization for Release of Information I, do authorize the Public School Employees' Retirement System to release to //?OXC,4 - 4R-C) , any and all information which he/she may request with regard to any pension or benefit plan in which I have an interest. DIto Date Member's Si 3Y,Y-,5-q- 8603 Member's Social Security Number r P-3 C? -n ..a GERARD A. BOSCACCY 512 N. Front Street Apartment #2 Wormlesyburg, PA 17033 (717) 353-6005 August 11, 2007 VIA FACSIMILE AND FIRST CLASS MAIL John J. Connelly, Jr., Esquire James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Re: Margaret H. Ford v. Gerard A. Boscaccy Dear Mr. Connelly, With respect to the above captioned matter, enclosed please find a copy of Defendant/Respondent's Response to Plaintiff/Petitioner's Petition to Enforce Marriage Settlement Agreement, the original of which has been filed with the Court. As is my right, at this time I am officially requesting a copy of Margaret's Tax Return from 2006, before the time of the Support Hearing on August 20, 2007. Please forward her tax return to me as soon as possible. Thank you. Very truly yours, GERARD A. BOSCACCY Enc. GERARD A. BOSCACCY 512 N. Front Street Apartment #2 Wormlesyburg, PA 17033 (717) 343-6005 August 11, 2007 Cumberland County Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Margaret H. Ford V. Gerard A. Boscaccy No. 02-681 Dear Sir or Madmam: With respect to the above captioned matter, enclosed please find an original and a copy of Defendant/Respondent's Response to Plaintiff/Petitioner's Petition to Enforce Marriage Settlement Agreement. Kindly file the original of record and return the copy, time-stamped, in the enclosed self-addressed, stamped envelope. If you have any questions or concerns, please do not hesitate to contact me. Thank you for your assistance in this matter. Very truly yours, - - l GERARD A. BOSCACCY Enc. Cc: John J. Connelly, Jr., Esquire (w/o enc.) -ea MARGARET H. FORD, Plaintiff V. GERARD A. BOSCACCY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-681 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW PETITJON TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT TO THE PROTHONOTARY: Please withdraw the Petition to Enforce Marriage Settlement Agreement filed on August 6, 2007, by Plaintiff, Margaret H. Ford, in the above-captioned action. Dated: 9 -t y-o Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP By: J hn Co lly, Jr. A e #15615 5 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff MARGARET H. FORD, Plaintiff V. GERARD A. BOSCACCY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-681 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE 1, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Margaret H. Ford, hereby certify that I have served a copy of the foregoing Praecipe to Withdraw Petition to Enforce Marriage Settlement Agreement on the following on the date and in the manner indicated below: VIA U.S. MAIL. FIRST CLASS. PRE-PAID Gerard Boscaccy 512 North Front Street Apartment 2 Wormleysburg, PA 17043 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: q-1 -fl By: J Jr. 5615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 C-) C na v Lzi, + cn `f' r 27- r t ?? rr' OD CO CD