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HomeMy WebLinkAbout87-3422In the Court of Common Pleas of CUMBERLAND y, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CART ISLE, PA. 17013 Defendant Name: CHARLES E. LEE Member ID Number: 5880000022 Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEV"MENT COMPENSATION BENEFITS _Jdo Financial Break Down of Multiple Cases on Attachment a Plaintiff Name VIRGINIA L. GILMORE PACSES Docket Case Number Number 252000028 3422 CV 87 Attachment Amount/Freauenc $ 600.00 MONTH TOTAL ATTACHMENT AMOUNT: $ 600.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $13 8.4 6 per week, or 50 of the Unemployment Compensation benefits otherwise payable to the Defendant, CHARLES E. LEE Social Security Number 211- 3 0 - 3 5 3 3 , Member ID Number 5 8 8 0 0 0 0 0 2 2 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to'garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated NOVEMBER 21, 2004 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT i Date of Order: K?yi.(? 9 < hoc-s5 JUDGE Form EN-530 Service Type M Worker ID $ IATT M CZ) 1 7? C) c2# (' ::4 fl "f In the Court of Common Pleas of CUMBERLAND y, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CART "SLE, PA. 17013 Defendant Name: CHARLES E. LEE Member ID Number: 5880000022 Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEA/D ' OYMENT COMPENSATION BENEFITS count` Financial Break Down of Multiple Cases on Attachment Plaintiff Name VIRGINIA L. GILMORE PACSES Docket Case Number Number 252000028 3422 CV 87 Attachment Amount/Frequency $ 600.00 MONTH / / TOTAL ATTACHMENT AMOUNT: $ 600.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 1.3 8.4 6 per week, or 50 of the Unemployment Compensation benefits otherwise payable to the Defendant, CHARLES E. LEE Social Security Number 211- 3 0 - 3 53 3 , Member ID Number 5 8 8 0 0 0 0 0 2 2 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated NOVEMBER 21, 2 0 0 4 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: k?tii? 9. F?c-s5 JUDGE Form EN-530 Service Type M Worker ID $ IATT C'^ !,_ C:'•? ?', .._ .. (?° .- ``r "4 . t ? 1 MAR In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VIRGINIA L. GILMORE Plaintiff vs. CHARLES E. LEE Defendant Docket Number 3422 CV 87 ) PACSES Case Number 252000028 Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER 1. The petition of CHARLES E. LEE respectfully represents that on MARCH 1, 1990 , an Order of Court was entered for the support of VIRGINIA L. GILMORE A true and correct copy of the order is attached to this petition. Service Type M Form OM-501 Worker ID 21005 4 100 GILMORE V. LEE PACSES Case Number: 252000028 2. Petitioner is entitled to 0 increase 0 decrease A termination 0 reinstatement 0 other of this Order because of the following material and substantial change(s) in circumstanc j?C;?INT???'/l?lh/r?lo?rO?Z? / y?rY1rg?R?? A?!z> ?rZT 1,S"G/Zc?ctpcl?LlY/?/G !n< tS pKl??7r ?? ? ? ?? o ?c ? ? ? 2?.',T! /ZED , L t r!'?,?? o,? ,?! ?r rrr i •? (PLEASE COMP ETE WITH REASONS & RETURN TO DRO) C,tl rahv-,v cJ R L ?J /rJ?2 - s ??t1 G 7791[ Es 04ff L ?-- C? ? i -S ? F= r t R ? ? D ??:Z `s ?? ? ? ? 4? E' ?? L?c:•r??rz o ? ?l ? ?G ?E?'iJ VA/D /?S IZ.G?L'12.E7? WHEREFORE, Petitioner requests that the Court modify the existing order for support. Petitioner Attorney for Petitioner I-LL I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. ?? 03 0 Date Service Type M Petitioner Page 2 of 2 Form OM-501 Worker ID 21005 ? .-?? , ?.- -? cr -'j ` ? ? ,.5 . ry ?. VIRGINIA L. GILMORE, Plaintiff/Petitioner/Respondent Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 1987-3422 CIVIL TERM CHARLES E. LEE, IN DIVORCE Defendant/Respondent/Petitioner : PACSES 252000028 ORDER OF COURT AND NOW, this 8'h day of March, 2004, a petition has been filed against you, Virginia Gilmore, to terminate an existing Alimony Pendente Lite Order. You are ordered to appear in person at the Domestic Relations Section, 13 North Hanover Street, Carlisle, Pennsylvania, on April 6, 2004 at 9:00 A.M. for a conference and to remain until dismissed by the Court. If you fail to appear as provided in this Order, an Order of Court may be entered against you. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by the Rule 1910.11. (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant-for your arrest. BY THE COURT, George E. Hoffer, President Judge Copies mailed 3-8-04 to:< Petitioner Respondent s r? f' Date of Order: March 8, 2004 R. . Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ? •-?S _. ( c. l ["` ? a . .?= ? - i , l? :..' R ..i VIRGINIA 1. GILMORE Piaintiff/Petitioner/Respondent VS. CHARLES E. LEE Defendant/Respondent/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 1987-3422 CIVIL TERM IN DIVORCE PACSES 252000028 RESPONSE TO THE PETITION FOR MODIFICATION OF AN EXISTING SUPPORT ORDER AND NOW COMES Respondent, Virginia L. Gilmore (formerly known as Virginia Lee) and hereby responds to the Petition as follows: Denied that an Order of Court for the support of Virginia L. Gilmore was entered on March 1, 1990. 2. Denied that Petitioner is entitled to termination of this Order for any reason. 3. Said Order entered March 1, 1990 was inter aiia an Order for severance of Charles E. Lee's pension benefits through the State Employee's Retirement System (SERS) pursuant to the equitable distribution portions of the Marriage Settlement Agreement. 4. Said Order was handled through the Cumberland County Domestic Relations Section because, at that time, SERS did not have a procedure for handling Domestic Relations Orders directly. WHEREFORE, Respondent, Virginia L. Gilmore, respectfully requests this Honorable Court to dismiss the Petition. ly Dated: 3- 17 -OA Leslie D. Jacobso ID# 52673 8150 Derry Street Harrisburg, PA 17111 Phone: 717.909.5858 FAX: 717.909.7788 0 VIRGINIA 4. GILMORE Plaintiff/Petitioner/ Respondent VS. CHARLES E. LEE Defendant/Respondent/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 1987-3422 CIVIL TERM IN DIVORCE PACSES 252000028 CERTIFICATE OF SERVICE AND NOW, this P+k day of March, 2004, I, Carolyn Smith, hereby certify that on this day I served the within Response to Petition upon the person indicated below by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Charles E. Lee 505 S. Oakgrove Road Harrisburg, PA 17111 By: Carol S ith, Legal Assistant 8150 Derry Street Harrisburg, PA 17111.5260 PHONE: 717.909.5858 FAX: 717.909.7788 {' '_.: C,.? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION VIRGINIA L. GILMORE ) Docket Number 3422 CV 87 Plaintiff ) vs. ) PACSES Case Number 252000028 CHARLES E. LEE ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 19TH DAY OF MARCH, 2004 IT IS HEREBY ORDERED that the O Complaint for Support or Q Petition to Modify or O Other filed on MARCH 4, 2004 in the above captioned matter is dismissed without prejudice due to: THE DEFENDANT WITHDRAWING THE PETITION FOR MODIFICATION AND THE MATTER BEING AN EQUITABLE DISTRIBUTION ORDER THAT THE DOMESTIC RELATIONS SECTION HAS NO JURISDICTION OVER THAT MATTER. THE CONFERENCE HEARING SCHEDULED FOR APRIL 6, 2004 IS CANCELLED. Q The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. DRO: RJ Shadday xc: plaintiff defendant Leslie Jacobson, Esquire BY THE COURT: Kevi A. Hess JUDGE Service Type M Form OE-506 Worker ID 21205 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Defendant Name: CHARLES E. LEE Member ID Number: 5 8 8 0 0 0 0 0 2 2 Please note: All correspondence must include the Member ID Number. ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS Financial Break Down of Multiple Cases on Attachment PACSES Docket Plaintiff Name Case Number Number Attachment Amount/Frequency VIRGINIA L. GILMORE 252000028 3422 CV 87 $ 600.00 /MONTH / / TOTAL ATTACHMENT AMOUNT: $ 600.00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $138 .46 per week, or 5 0 of the Unemployment Compensation benefits otherwise payable to the Defendant, CHARLES E. LEE Social Security Number 211- 3 0 - 3 5 3 3 , Member ID Number 5 8 8 0 0 0 0 0 2 2 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW). DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearages, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C. § 1673 (b)(2) and 23 Pa. C.S.A. § 4348 (g). This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for Benefits dated NOVEMBER 23, 2003 is exhausted, expired or deferred. BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court. All questions, challenges or obligations to this Order shall be directed to the Domestic Relations Section of this Court. BY THE COURT Date of Order: ..i ?/v S JUDGE Form EN-530 Service Type M Worker ID $ IATT C) O r_7 v{ C rn CT, r t! Leslie D. Jacobson Attorney for Plaintiff/Petitioner The Law Offices of Leslie David Jacobson 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 VIRGINIA F. LEE, now known as VIRGINIA F. GILMORE Plaintiff/Petitioner, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO.: 3422 CIVIL 1987 CHARLES E. LEE : CIVIL ACTION LAW- IN DIVORCE Defendant/Respondent PETITION FOR ENFORCEMENT OF DIVORCE DECREE AND CONTEMPT OF COURT AND NOW COMES, Virginia F. Gilmore, Plaintiff in the above case, by and through her attorneys, The Law Offices of Leslie David Jacobson, and pursuant to the provisions of Section 3502(e) of the Divorce Code, 23 Pa.C.S.A. 3502(e), respectfully represents: 1. Petitioner was the Plaintiff in the above referenced divorce action. 2. Respondent is Charles E. Lee, Defendant in the above referenced divorce action. 3. Prior to the entry of the Divorce Decree in the above referenced divorce action, the parties, on January 30, 1989, entered into a Marriage Settlement Agreement (hereinafter "Settlement Agreement") resolving certain economic, support, and property issues relating to the parties divorce proceeding. A true and correct copy of the Marriage Settlement Agreement, is attached hereto, made hereof, and incorporated as "Exhibit A." 4. Among the issues resolved by the parties through the Settlement Agreement was Petitioner's right, through equitable distribution, to receive a portion of Respondent's retirement benefits provided through the State Employees Retirement System. 5. Pursuant to the terms of the Settlement Agreement, Respondent agreed to "designate [Petitioner] as an irrevocable beneficiary of one-half of his retirement benefits as well 2 as a survivor annuitant so that [Petitioner] receives %2 of any death benefits." See Settlement Agreement at 4. 6. Because the State Employees Retirement System (hereinafter "SERS") was not subject to the terms of the Employee Retirement Income Security Act of 1974 (ERISA) at the time of the Divorce proceeding, a QDRO could not be obtained by the parties. Because a QDRO could not be had, Respondent executed a Promissory Judgment Note (hereinafter the "Note") in favor of Petitioner in order to secure Respondent's obligation to comply with the terms of the Settlement Agreement. A true and correct copy of the Promissory Judgment Note, is attached hereto, made hereof, and incorporated as "Exhibit B." 7. The parties divorce was finalized on February 7, 1989 with the entry of a Decree in Divorce (hereinafter "Divorce Decree") signed by the Honorable Kevin A. Hess. A true and correct copy of the Decree in Divorce, is attached hereto, made hereof, and incorporated as "Exhibit C." Simultaneously with the entry of the Divorce Decree, the Court entered its Order of Court dated February 7, 1989 (hereinafter the "Order") at the request of the parties regarding support and equitable distribution. A true and correct copy of the Order of Court dated February 7, 1989, is attached hereto, made hereof, and incorporated as "Exhibit D." 9. Pursuant to the terms of the Order, Respondent was ordered to pay to Petitioner "from his monthly retirement benefits under the State Employees Retirement System $600.00 each and every month and shall designate [Petitioner] as an irrevocable beneficiary as well as a survivor annuitant so that [Petitioner] receives one-half of any death benefit." See Order at 2 paragraph. 10. On December 13, 1989, Respondent prepared and filed his Application for Retirement Allowance (hereinafter "Application") with SERS, with his benefits to begin after 3 January 5, 1990, the date of his retirement. A true and correct copy of the Application for Retirement Allowance dated February 7, 1989, is attached hereto, made hereof, and incorporated as "Exhibit E." 11. Pursuant to the Application, Respondent deliberately and irrevocably selected "Option 1" the "Full Retirement" option, despite his obligation to select "Option 3" the "Designative Survivor" benefit, pursuant to the Settlement of Agreement and the Order of February 7, 1989. See Application at 1. 12. Further, Respondent deliberately failed to name Petitioner as the survivor annuitant in the Application so that Petitioner would receive one-half of any death benefit of the Respondent. See Application at 1. 13. Because of Respondent's deliberate election of "Option 1" the "Full Retirement" option, Respondent has been receiving the maximum lifetime annuity distribution of his pension since January 6, 1990 in the amount of $3,013.48 per month. A true and correct copy of a Pension Verification is attached hereto, made hereof, and incorporated as "Exhibit F." 14. As a result of Respondent's election, at the time of his death, the Respondent's pension annuity will terminate leaving no funds available to Petitioner. 15. Further, had Respondent made the proper election of "Option 3" as he was obligated to do, the amount of his monthly pension annuity would have been lower. (The exact amount will be calculated by SERS in response to a subpoena). 16. As a result of Respondent's deliberate conduct, Respondent has been unjustly enriched at the expense of Petitioner since January 6, 1990. 17. It was only by chance that this matter came to the attention of the Petitioner. Petitioner discovered the issue as a result of an IRS audit because Respondent was erroneously deducting his $600.00 equitable distribution payment obligation to Petitioner as alimony, while 4 Petitioner was correctly not claiming the payments as income. It was only after an investigation of the matter that it was discovered that Respondent had inappropriately made the full retirement election. 18. As a result of Respondent's conduct, Petitioner had to retain the services of the undersigned to research this matter as well as to present this motion. WHEREFORE, Petitioner prays this Court adjudicate the Respondent in contempt of court and enforce the parties' Marriage Settlement Agreement as well as the Court's Order of February 7, 1989 to the extent possible and by ordering the following relief A. Order Respondent to pay to the Petitioner the amount equal to the difference between what Petitioner has been receiving and the amount Petitioner would have received had Respondent made the proper election, since January 6, 1990. B. Enter a judgment against Respondent in the amount equal to the difference Petitioner the amount equal to the difference between what Petitioner has been receiving and the amount Petitioner would have received had Respondent made the proper election, since January 6, 1990. C. Order SERS to pay his monthly pension amount of $3,013.48 to Petitioner until her claim is paid in full. D. Order Respondent to purchase a life insurance policy that provides an irrevocable death benefit to Petitioner in an amount equal the amount Petitioner would have received had Respondent made the proper election. E. Award to Petitioner reasonable attorneys' fees and costs incurred in connection with the preparation and prosecution of this petition. F. Award to Petitioner punitive damages as a result of Respondents outrageous conduct. 5 G circumstances. Such other and different relief that the court deems just and appropriate under the Respectfully submitted, THE LAW OFFICE F LESLIE DA' l Dated: June 4, 2008 l IL&lie D. Jacobson Attorney for Petition R The Law Offices of es 8150 Derry Street, St . Harrisburg, Pennsylvania Ph: (717) 909-5858 Fx: (717) 909-7788 JACOBSON intiff David Jacobson 17111-5260 6 Exhibit A FRANCES H. Min, DUCA ATTORNEY AT I..AW TrN WEST HIGII LTRCL•'I' CARLISLE, FENNI:aYLVANIA MA[tPPAL S.:T'VLI MF.NT AGREEMENT AGRIs).;ML•'N'T' Ittfud(.; this day of ?.. i?•:'')• 198 hct ween VIRGINIA F. LEE, horcAnzlEter Called Wife., and CNAPLEF., I., U"E, he.xe i.naf•ter called Ilue:hand, WITNESSETH: The parties, hc:rF.Lo are Ilusband and Wife having boc.rl rnr,r,r•ic!d on Septomber 4, 1.965 in hi.itsburUh, Pc:nnsylvAII.ia. There. is one Child bo'r:rl o:C thi.0 mta.I'r.i.ago, n<'miely David E. (D.O.1). JZiltl.tcll-y 28, 1969), n,i.vorl.c unhaPpy difforcitces, di;pu?:cs and di.f:fac:Ill t.ic;:; bavR_ arisen betwc-on Lh4:, pars t i e: , and it is the intention of Wife and Husband to live ve scpel.raLu and apart for the ;rest: ( Lheir naturci7. lives, and they par.LiA, horeto' are desirous of SetLIAng fully and finally their -respective financial and property righLS and obligations as between oach other, including without limitation! (1) the settling) of al.,l, matters between them relaL.i-ng to the ownership of real and po-v,clnal. property: (2) the c,cttl.ing of all matters between the,m relzatind to the past, present mid futi'Ice! support acid/or maintumnic e of Wife by 11twband, and of lluslaand by Wife; and (3) in gone.ral., the settling of any and all clai.Ins r:arld pos;;ible c:l.a.im;; by one acjain sL Lhe other or eiga•in:,t their. )-.'o"pncti.ve ertal-e-. NOW 1'IIE:RI-;t'0RG:, in cows ;ideration of thr pr.rmisc?s stmt Of tha Inuti..ml promi.sese, rovenunl.: tlnd undertaktngs, f.oxth and for other cgoocl and valuizble consideral-ion, receipt of which i.r hereby acknow.Lcd?gc•:cl by each of the parties hereto, covenonL and agree as follows: 1. ADVICE O COUNSEL The provisions of this Agreement and their legal effect: hav(j,., been ful.l.y explained to Lhe, parties by their- respective r..ouris-al-, Frances Ii. 1)C.t wica for Wile and for Ilu:..Y>?nd. Each party i?Irknowle:dtlee that she or he has received i.ndcq,rnclcenL legal advice from counsel of her or his selection dnd that each fully unde.rc:tands, the fact: and has been fully :in('-"ormad to hor or his l.e: dl. r:'i.dhts and ohl.igations and each party acknow1cclCles and accepter Lltat this Agreement is, in the ci.t:c:u?nstanco,, and equitable and that it. is being entered into freely and vol.untaxil.y, afte;?° having received such advice and with such knowledge and that, uxecuLi.on of this Agreement. :is not the., rr.:;?i).t; of any duress ot: undue influence: Bind 'LhaL• it 1.4; nc)t tho. roe ;1?l.l; of any col.lua>,i.on or improper or illegal ayrecme.nt or ??dr-ocnu nts. 2. 1'LRSONAL RIGHTS Wife. and Husband may and shall., .?.t. all tiraf:;t he;rei-jf ter, li.ve separate and apart. I?;ac;h shall be. free: f.t°om d3 l cc)nLr'ca.l., restraint, interfearctncce or' auLhnrity, d.ix.-c:caL cir: indirect, by thc other in all respects a.*i fully as if she or he were. unma?rr:ind. Each may resida at such place or places as ultra or he may sc:.lcc:t. Fach may, for her or his :.oparate use or benefit, cor?dur.L, carry on and engage in any bu:?incss, occupation, praftsri.on qt- cmp.toymejnt which to het- or .Rini may seen advic:ah.le. Thin provision shall not bo Laken, however, to be air admi.s:,,ican cm the pert of ei.t.her. Wile or Musband of the law:ful.nu;;;S of t:.hc! cai)> tc'. which led to, or rer;ul.tou'l in, the continuation of their .l.iv.tng 2 alternate payee, Husband agrees to pay $600.00 a manth directly to Wife from his payments under the Plan. In the evc:r?t ttu::;hiGncl in 30 days late on any payment, Husband agr.c;er,; to an attachrnorri:. Husband agre.er to dasignate Wife as an irrevocL?bla bc:rtc,.tlc.iz?r:y of one-half of his r of i l-.-e vent benefits ar; wo.l.l. eii; a ,,j.rr:viv0 r annuitant so that Wi.fc: receives 1/2 of ar?y death benefitcs. (e) Pursuant to the above attachment Husband agrees to authorize the State Empl.0ye:e:; Retiremont SysL-em to send hi-, benefit check:: Lt.) the 1 omr.as;tir Relations Office of C11inbcrlim(I County and to convey .a limited powe,c of at to.rnc%y t:u t'119 1)o?iin:;t i.c: Relation, Office to endorse, to cash and to d.i.r.;tr.-.ib%.rtr. t1io proceeds of his pension checks. (d) Husband agvees to execute a re:lea::a ::rut:liori zincl tho Don?estic Relations Office to obtain information re.9ardincl his, pension irlan (o) Husband agr.eon, to execute cliage of addrok.;rs i-cods take any other stop,; to effectuato the term., of thi.;; agreement including execution of it judgment note and a plcd41c of :;nc.U'r i Ly. (f) Husband tigrc e9 that the provi::i.onc; of the r?rJr.uc?i:c:nt ehall be entered as a c:otin. or'dcr. (g) In the event the State Lmployecs 12et:.izc;r;clni: Syct:t?n1 i.r, k;ubjoc:t to the Ratiremint Equity Act of. .1904 rind Hic Pon:cion Adminintrator can ttCCezpt: a qualified domestic relations:; orcicr, Husband aq.r.e.oa to such .in order pursuant to the ter?vs of this, agreement.. 4. ALIMONY Husband agrc(-s to prey Wife al.i.rnony in the amount of 4 $1,000.00 a month until his retirement. 5. SUPPORT Husband rind Wife, agree that Husband r;hali vo,l,urtL.arily continue to hay their son David's college expense:; at 1>iclcin.,on College. husband i;; i.o provide medical J..nsur.aiire coverage for David through his n.ltacc. employment. The parties. ctq rc?E: t:h;xt Pusband shell claim David as a dependent for Federal Income lax pur.posor,. 6. LIABILITIES Wife and Husband each covenant, warrant, r.13p.rescnt and aClrcC., that each will now and al: all times hereafter s.avu harmlc :s and keen the other i.ndemolfied from all debts, charger, and lizibilities incurred by the other prior to or, ia.£ti;r tlt(:: t?fj.oc:t:i.vice date: of this Agreement, except as rr,ay tae uthc rrwi,sc sr,)Ccific,a,lly provided for. by the Lerms of this Agreei' ent:. . DIVORCE ACTION Hur,b and and Wife agree that Wife shall pr.occcd to obtekin a divorce decree pur,,,,uant: to Sec, 201(c) of the Ponn..sy.l.vculi;t Divorce Cade, and Husband and Wife agree tc, farOt'npt'ly file, the necessary consent form.--. Lo said dec:rec: to ho c;nl:c;a:Cd. Ifuebnnd and Wife nach ogre:(, to pay tI ei.i- own al.Lurne;yc , foci s associated with the divorce action. The terms of thi.rb AcUr:-coment nectd not be. .incorpo.rated into t;he divorce decree. 5 8. MUTUAL RELEASE Wife and Husband eilch do hereby mut.ual.ly remise, reltj-asc.?, quitclaim and forever discharge the, other- and the ostatc: of such other, for all t-imo to conio, and for al.l hu.r.pose•;; whzitnoevor,, of and from any and all. rights, titles and interesit.s, or claims in or against tho property (including income and gk,in from propor•ty hereafter accruing) of the. other or against the estatra of such other, of whatever nature and wheresoever situate, which sho or ho now has or at any time hereafter may have ?:igainut such order:, the estate of such other or any part thereof, whether arising out of any former acts, coiiLr acts, engagements or liabi.l,iLi.es of such other or by way of dower or curt cay, of claims in the naturc; of dower or curtesy or widow's or widower's rights, family e xc:rt?ption or similar allowance, or under the intestate laws, or the: right to take against the spouse's will; or the right to treat- a Lifetime conveyance by the other as teatamontary, o.r a],] other rights of a surviving spouse to participate in a deceaond spouse's, estate; whether avi.sing under the laws of (a) Pennsylvania, (b) any state, Commonwealth o.r.- territory of tho United States, or (r..) c?ny other country, or any rights which Wife may have: or at any Lime herenfter have for past„ present or future cuppo•r.t or mnint:anance, alimony, alimony pendentc li Lr., counsel fees, costs or expenses, whether arising as a re:?ul.t of the marital relation or otherwi.f;c:, except, and only oxcept, all rights and a1reemcarits and obligations of whatsoover ncittrr-ki ac-i,ing or which may acirn under this Agrou-mont o.r° for thy, b?-t,rirh of any thereof. It i.s the intention of. Wife and husband to cli.vo 6 agreement contains all of the representations, promise's atrcl agreements made by either of them to the other. 1:or the set forth in the pa-earmbl.e hereinabove; that there are no claims, promises or., representations not herein contained, either ori:i]. or writton, which shall or may be charged or endorsed or anfos.c.c-al-.le unless reduced to wri.Li,ng and signed by both of the parties ha-ret:o; and the waiver of any ott1C'.a: term,;, conditions, clala:.iec o.L' provision of this Agz;enment. 1.2. BINDING XPI'ECT OF AGREEMENT This Agreert'i ant :.;ha].:L remain in full force and ef:foct unlos:; arid tin-HI term'!natod pu,rSIlafit to Lhe tr.r:rws of this Agr,CC`makiL. The failures of either party to in .ist upon strict per ic».u?r:,r?c:e ut any of the provisions of t:lds Agreement ,hall. not he c:onstru.sd ?zr a waiver of` any suhrsc;quent del'tault of the same: or :;:in?i..l,ar nature. 13. SEPARABILITY If any terra, condition, clause or provi pion of this. Agreement in law or Provision respects shall. bc; de;terin.i ned or otherwise, then only t shall be stricken from this Agreement shall be declared to be. void or invalid trat term, condition, cl.auso or this Agreement and in gill other valid and Continue j.11 ful.]. force, effect and operation. Likewise, the fol.lure of any party to meet tier or his obligation,; uncaer .any ono; or moa:c, of thr: paragraphs herein, with Lhe: execution of the sat:ircfactiun the conditions frrrcederit, :,hill in no way avoid or alter the remaining ohlidat:iom; of the parties, 1.4. HEADINGS Any headings, preceding the text of the seve,r.,al pcirailr.aph and subparagraphs:; her,,oot ti:cc: inserted solely tr.r conve..nionc,:: of reference: and ::hril.l. not constitute a pert of this Agr.ex-mu mt noi- Shi'lll they affect .i.ts meanings, construction or.- ef,i"oct. 15, EFFECTIVE DATE The p.f_fe:ctive draLe of th-ts agreement shall be the date upon which i.t i,s executed. 1.6. CONTROLLING THAW This Agce;emenl. ;ht?1.1 he construed in accordance wi.t;.h Ll?u laws of the Commonwe<alt)'? c>f Pennsylvania. This Agra emi,n1; in executed in dup'Li.r-ate, ?ill(] i•n counterparts, and wirv. .,utt Ilu?aba;?nc1, yes parties 1,1 c:Y:r..t(), acknowledge. •t:2?c rtrc oipt of a duly executed c,?py ht.-:roof. IN WI'.l'NL::;S WHt: RF.'OFf tho parties hereto havo- ;el iltca.•t- I??tnt3:.; and seal; the clay and year first above written. W:[TNL ,S : r" C1ta.rles L'. --- g Exhibit B $330,000 Carlisle, C'urnberland County, Ponasylvan.i a ,January 30, 1980 PROMISSORY JUDGMENT NOTE. FOR VALUr I(f:(. ;:IVED rind intending to I)c-.-. lE'gc?l,ly bound, CIIARLES E. LIE, prooont.l.y hizving a residenta.al. mail inc.l ctddross or Pennsyl.vani.ci State I'ol.i.cr, Hureau of Community Services, Departmental. Headrluar. Ler.s, 1.800 l..l.merton Ave:. , Ilar.risbu.rg, PA, 1.7.1.1.0, hereinafter referred to as "Maker", promises to p,?y to the order of VIRGINIA V. LEE, presently residing at 'll. Ashford Drive, Enola, PA, 17025, htc r.•e inaf ter referred to as "Holder", without default or offset, the sum of Thirty Thousand ($30,000) Dollars in a lump bum without interest, and Three I-tund,red Tlious ool d ($300,000) in ?r?onthl.y insL al.lments at the rate of Six Ilnndxed (;600. ) Dollars per month during ray life time, ant] at my clecith to have, paid to ties, one-half of death benefits of appr.oxirnwtite.ly $135,000; thereafter Maker's obligations under this note: shall he discharged. To secur.o this note, upon the occurrcr?cc of a clcf kilt., and the f:a.ilurc to cure the same within thirty (30,) dayt; aftcx receipt of written nol-.ic a of such default, thr.: Mater hereby authorizes and empowcrs any Prothonotary or Clerk or arly at t;orncy of any court of record Lo immediately thereon rind at ;any onc or more ti.mori thoreaftor to appear for and c:onfeet; or enter judgwont eigainst the Maker, and in favor of the !folder, for all. sum- (111(.1 or to become duce hr_.rounder, plus 5% for reasonable cat t•or.•ncsyt:' fens, with relcase of all. er.r.orse, waiver of i.fiSucince. tend c;orvicc of process, waiver o appeals, without cstily of execution, and the Maker waives inquisition and extension upon any levy on tiny rand all real estate, and hereby voluntarily condomns the rst ilo. 1nd authorizes the Entry upon the writ: of exc:r.uL:ion of cuc.;h voluntary condemnation, and aq:e:c., i_hal• such real estaLe m?.ty lie sole] on a writ of execution, hereby waiving and releasing al.l. rul:ict.` from any and all. aE>pr. jai s;e.nik;nt , stay or exemption laws, or other laws, now in f.'or.ee or hereinafter enacted, 1,.o L•ho cr.Lent iLK-- h .10W8 mtly be wai.vcd. IN GRANTING THIS AUTHORITY TO CONFI.SS JUDGMENT AGAINS-T '1'111:: MAKER, MAKER HERFOY VOLUNTARILY AND KNOWINGLY WAIVFS ANY AND At.T. RIGHTS 14E MAY HAVE, INC.LU1)TNG BUT NOT LIMITFI,D TO VU1r RIGHTS AND THE RICI1'C '1'0 Pm-:JUDGMENT NOTICE' AND II TARING, '1'llf•: k:IG11T TO HAVE THE BURDEN OF PROOF ON THE 1I0T DE.R, AND THE" RIG1I'1' 'PO AVOID THE COSTS AND EXPE:NSES ATTI:;NDANT UPON 014"'NING OIL STRIKING A CONFESS'-,'l') JUDGMEN'.l'. THE MAKER EXPRESSLY ACKNOWLEDGES AND ADMITS THAT HE OWES TO THE 11OLDI-At THE AFORESAID SUM OP 'I'll PE'E' HUNDRED THIRTY THOUSAND (;;330,000) DOLLARS AND GIVI.•:S '.1IIIS JUI)(;Mf?,NT ANT) GRANTS THIS AUTHORITY TO CONFESS JUDGMBN`(' TO AVOID TNCURRING EXTRA COURT COS'T'S INVOLVED IF THE HOLDER HAD FILED A LAWSUIT TO OBTAIN THIS JUDGMLN'r. MAKER UNDERSTANDS AND A.CKNOWLFDGFS THAT THE' !T'IL'ING OF THIS JUDGME:NT WILL CREATE' A LlE ON HIS 1110Ml': AND ALL REAL ESTATI'. OWNI.1) RY MAKER IN THE COUN'T'Y tti'IIERE, TIIF ,7(11-)GMPNT :f. I' FIT,ED. FURTHER, '1'111•: MAKER AGREES TO PAY IN b'l. rJ, '0111:: ACTUAL Ii:XPL•'NDITURk;S OF THE 110f.T)FR 'IN ANY AT'ITMPT TO C'OJ,LJ (.A1 1111It: FULT. AMOUN'T' OF PRINCIPAL OR ANY PART THEREOF TALE UNDER THIS NO'.1171, INCLUDING REASONABLE ATTORNEYS' FEE'S, OR 5'1; OF' THT, BALANCF. I UR. , WHICHEVER IS LE-SS. The Maker hereby waives demand and presentment for paymont, notice of protest and p otc-%r,t of this note, and agrees that tho Holder may excarcir.w tiny or all or any number of t1?c rights and remedies, which shall be cumulative and not a1tur.•1141t:i.v,?a, Holder may have under this note or otherwise against the Maker, at any time or t: iinetn and in whole or in part, and 11ol.dnr shill]. hr, undcr.r no liability wh;atscr-F:ver to any one for such exorcise thoreof or for any failure to exercise: any Hiarerof, and that any Pxer:clse thereof or any failure to exercise any or all. of such riclht::; or remedies shall not in any tnarmer affect: or discharge the: li,'ahi.lity of' the Maker- and that any failure of holder at any tirnc or times to exercj. ;e any right or r.emody shall. riot operate a.,.; a continuing waiver or in any manner preclude 110Mcar from taking any such action at any Latr.r: is i.me or time; No oxterw i.rrn Of L i mLc for payment of all or any part of the Amount of principal. owing hereon at any time or times shall. in any manner affect the liability of the Maker or the rights of Holder. All obl:i.gi;t:ionR herpurider shall. be. binding upon Maker's heirs, estate, pc-rsonal representatives arid any reps nst nt:at:ive;; of his estate, and shall inure to the benefit of holder, l?c:r h:?irs arid assigns, and Holder shinll and does have the unqualified ri(jht to t.ransfor, assign or pledge this note and the an.;ignee or pledgee shall. bccornc: vested with all tho night;:: iind remesdiec; of Holder with .respect thereto. The Maker hereby ar.knowledges that tic hra:; fully read this; entir.et donument. and undnrstands same and the rights ho is umivi.ncl by exucutinU this Px,omis.;ory Judgment Note, and th;al' thi.fc judgment note; has been signad voluntarily and wilit:out: Ony coercion, duress, prr.miises or threat.. being nade or excrc.isc?d by tiny hereon upon Makex and that there have been no I"t?p esentativan, oral or written, which havo bo(n maelr and havo not been included herein. This note shall be consLr.ucd in accordance with thc.h jj)w?; of that C:oRimonw'.-alt:h of rennpyl.vani.a. N0T'GCE: TO MA.KL•'h VO NOT SIGN THIS DOCUMM BEI'Oltk'. YOU READ IT, W.E'P,N 'SS : Charles 1 I,E?rs PIXDGE TO SECURE GUARANTEE To Slecuro payn?cnt and performance of this term.; of thcN Property Settloment; Agreement entered into by anti hcetwec31-1 Lite. undersigned, V'IRGMIA P. J,EE an(] CIiAR1' ! S 1:, cjC.?tc:cj t1u-I day of February, 1989, ovid the .i.ndebtednec ,, ob'a.i.gat i-ol-o, and liabilities thereby quarant.eed to VIRGINIA F. Lila, Lhe und(nn..:.0.91-led, grants the socurity interest in and assigns-, t.ransfars and pledges with Lite said VIRGINIA t'. I,IsL the following described property ("collateral"): - Life insurance policy, in the face, amount: of with - All right, title and interest in and to tale 1.111dC.S' ; 1 (3nc d ? s penmion account with the Pennsylvania State Xmployac.1 ltceti.rc:mc-nt System. Upon non-payrnenL whrmi due of any of the jjzjt)i..jit.i(,jr-.' Of 1q,(% undersigned to Chu said VIRGINIA L'. T.RE in ilccol:diillcey Witt, t;hn terms of the V operl:y Sottlement Agreeinc.nt cnLered into by and between the parties, or, in Me ove;nt of the inc,olvelwy, or the doat.h, or i.nF.;t:ituLi.on by or agit.inst the undcsrnignF::d ()I' ar?y bankruptcy, reorclanizciL.ion, arrangement, insol.ve-nry os: l.iqui.dation proceedings or other proceedings for re.li.ei ?atllt?r' any bankruptcy law or i;im:i.].ar: law for the re-lief of debtor:c;, oz- the application for tho appointment or the ?ppoi.ntmc.nt of any receiver for the under s.-igned or any of the property of tho undersigned, or upon thn :;;er.vi.cc: of any warrant of atUactwiont, garnishment, or the exinOE-ncc o-r making or of any tax lien, levy or s:i.mi.l.ar procnss on or with respect to any rl:coporty of the undersigned, or the making by the undersigned of any assignment for the benefit of eraditor.r, than tim obligation's of the undersigned tanner the terms of the Property Settlonicnt Agreement entered into by and between the undersigntzdl and Lho said. VIRGINTA 1'. LEE and secured by a note .igned by tha undersigned and ,ectrx•ed by l:hi, Pledge and any Other liabia i.li.er; of the undersigned under the. terms of the, afore-mentioned Property Settlement. Agreement shall., unl.e the said VInGINI'A I'. L1:1: shall othe;rwiF.e e.lc.r.t, i-wale:d,iat(Q.y becoma oxe. and payitionl without pr'osonttncnt, demand or notice of any 10.11d. Alco, in any such event, the said VIRGINIA F. LEE, shall have full. poWle.t' aln(1 authority at any time or t.intes thereafter t:o exercise Ftl•l or any ono or more of the renindies and shall. haver all. of tho r,i(jhts, of ca secured party under the Unitoxin Conmterciial, Code! of the, Commonwealth of Pennsylvania. A requirement of tht Coca(: f.'or: reasonable notice shall be raet if such a notice: i , rnai•l<:(j, postage prepaid, -Lo the undersigned at the a?ddrfisn of t•ho; undersigned as shown in the aforementioned P)70fiGr_ ty Se'tt It ml nt: Agreement-, prior to the time of the salts, dispo„xtion or other event or thing divi.ncl rise to the requirmnent of notice. The col.latterd] p.lcdge cl her.ounder shall remain in tho Pot -'-session or tlte. undersigned, however, the I%x)d ). t3i.clned may not: borrow against the. said col,later:al, nc;.i.t:lior may, lie pl.e(Jgo, hypothecate or- othOL'WiacI encumber said collateral.. A-, to the. inrjuranee policy, Lh(: uvular v;i.yriod warrants and repr esc:t-,ts that VIRGINIA F. LT---'E is the primary beneficiary of t,riid po.l.icy and the undersigned cagr'ecr noL to chan(le the botinfi.c:iazy det;ignat ion Of said policy. The unde,r.;,igned further is bound :hereby to pay zi11 pre-mi.ums and asses-gmenL^ due; on said policy as t.110-y bcc:omc c3t,o. To the extent that the terms of thO6 not(.; So3cured by this Pledge are complied with by tha undersigned the said VIRGINIA F. i.EW agrees that a Dort i.on of the collateral shall be .rol ecv;esci of this I'ledde Co the extent of the payments made nndc;r the afo.rc f;aid note. ;I w 1. r1 C i --- _._...__...4-:?li:?..? D,-aled - Jnnuar. y 30, 1989 POWER OI' AT 1'ORN1.Y KNOW ALL. MEN BY THESE .PRESEMS, that. 1, CHARIA"S E. LT-:E, Social. Security No, 211-30-3533, do me°+kr., con,,51:itut:e and appoint: the Domestic Relations Office of Curnberl.and County, ray true and lawful attornety for me; and in my name: ( 1) to contact. tile. State Lmployees Retirement SysWrn for release of information regarding my hcaaI..i.an banuf=i.tu in thelt- plan; to of;fect:uate and to monitor nomination of Virginia F. Lots as beneficiary ancl. any elections to which I am entitled; (2) to reca i.ve chec;kr, and to ondo:rco, czish and di.r>I:.ribtito tho proceeds pur:,uz,nt: to court order wt?ern tl?e_ pc:1??i.c?r, is in F,rly status. TN WITNI-Ii5 WIILR)'OF, and intending to be Inc ally bound, T hereunto sat my hand and seal. l .•Witne,;f --- S 'A 1, DaLed: ,)anuary 30, 1989 k STATE OF PENNSY.LVANI'A COUNTY OF CUMBBRLANU On this, the day of .? ?b?uatiy, 1.9£19, before mo, the undersigned officer, pect3onal.ly appearnel Chn;le:.? 1;. 1.(!o, known to me to be the person described in the fore(joing i n?'trumunt- and acknowledged that: he e?:cc:??l.F?d the same in the copac:i.t,y Llwc ;in and for the purposes thcrci.n continined. IN WI'tNE.S3S WHtatl,OP, I hereunto et: my 1iand and nffi.c:i.al seal.. Notary Public To: Stage Employees Retirement System FROM: Charles E. Lep. 12P:: Chango of Address for relirrment hanaf'it ; effect.i.vo on elect:ton to r:rc:ei.ve retirement bc.:nefi1:::; I hereby request 0w, State, Employees Rat ir,emont Sysicmm to forward berief it . checks to the. Domestic Reliation;s of'rico of Cumberland, t:ar l i sle, Porinsylvrania. IN WITNESS Wlit;i'21 U1', I he.ireUnto Sct 111Y Mid WITNESS: ,:?,?r`r ?_... ..... January 30, ]'Jf3a Exhibit C 4? .`at: :?' J1i. :?1?.:!• i.',:•?'?C`?;p,'\::Y.' }11C•; ;w:•" :+1:•.?;a.::;•!i?'..A`.?•'?WY••vQ• to b, rr ':BC,•,?:?: , :d•. aL'`;'.:a??1 IN THE C"*OURT s,rK E' CSI- # iE Pf`.!P`0 A. VIRCUNIA F. LEE .......... lO. ....3.!1.2.2...... .CT.v..T, ............... ................ ..._..................... ................ .. II ClIAMYS Y s .f V 0 k I -uar bi 7, AND NOW...... ,le.....y ............ 1 y'.??.. ii i:: c? r'?..? + r decreed that , . , , VT.RCINTA.,F'. T,T E ......... G'YP'' I?t01'1(. and .......... C.TIh[tt,I.S .E...1,.FF .............. ............... are divorced frorn tho kswich', (:)f na.lr•irnony. The CC?lrr't 1'0041S jurisdiction of thQ cloini., V.hk,h lw.o , , ,a o been raiser of record in this action for which c'1 been entered; None ..............................................., ............ fly Tko Court . Atteatt J. Lw uty "yq Certified copy is,sund P?l,ru?;ly ), 19t?<) Exhibit D VIRGINIA F. LEF .. V. .. CHARLES E. LEE IN T11r, COURT OF COMMON 111,2AS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 342:2 CIVIL 19x7 IN DIVORCE, ORDER OF' COURT AND NOW, this day of. February, 1989, tho part:ie!i hc?ve agreed and requ*,iA the court to enter the fol..lowing orc'ler xegarding ssuppor:l; and equ.i.tablc± d.isLribution: ( 1, The pa t i.es Ikereto are husband and wife. j:r?cl divorce action is present l.y pending irk this court at the abova n?imber.. (2 ) Virginia V. Lee, Social. Security 111.81-34-9006, hereinafter ref-ex-red to ma plaintiff, has raised ciaim,,; 1'or support and equitable distribution of marital p}:operLy pm r3uont to t:i.1P Pennssylvar?,ia Di.vorc:e Code, 23 P.S. Sec:, a01. tit sc q- (3) Charles L. Lee, also known as C.H. Lee, Social Scouri..t,y iJ211-30-3533, hereinafter roferred to ar, defenclant, io emp3oyed by the Commonwealth of h(,nr?sylvani.a, and it; a 1)?.irtici.pnliL in the State l:mployc:e;a Retirement Systom, (4) Charlos 13. T.en's current rind l;asst known mailinrl addross is Pennsyl.van:ia Stela Police, Bureau of. Community Se..r.vicos,, I)epartn?csnt&.1 I1Fadyu?artF?r:?, 1800 Elmerton Avenue, llarr.•irftmr.d, pennsyl.vem ia, 171.10. (5) Vix-gi.nia 1'. Lee's current and 1.u,3t. known mail.ing arlidress is 71 A.-Atf.ord Drive, Rinola, Pennsyl.vaniz?, 17025, IT IS ORDLIZE-1>, AT1,71ID ED AND DECl2EM) m.; ,follows. (1) Ctsa.r. l.e.s E. Lee Sht+l.,l. pcty to Virginia T'. Lee 1p).000 a monL11 al.:inu,ny until his retirement and he hzu, up Led and is t-eceiving pension benefits. (2) Chal7le:; Shat.). nay t() wa.fe $7500 cn the c-nt:.r.y of. this decree. (3) Charles E. Lec, shall elect at. Oia time of hi-s j:6tir.ervtent to I eoci.ve. a lump sum withdrawal from hie. Pc:n:;:i.on 10ori of $30,000 whi.c.:h he ;.haal,l pay to Vi.rgin.iu F. Lee;. (4) Charlo:, X. t.r.±e shall pay to Virginia F. Loo froil? hi,, monthly re.Liremcent. bano-fits under Hu-, Stato Empjoy( cs rintiro.1ijer,t System $600 each and every month and shall de signr,,tc: wif:n as im irrevocable bc:r,?:JJ,c,.i.,,r:y , : we-0.1 a:, a hurvivor .m„nuit ont: so that wife receives one-half of any death benr:fi,t:!:, (4) In the eveynt the SL-ate Employees Restir.c.u?ent Syst.erY? is subject to the W.-I::ir:ement• Equity Act of 1984 and (I'm Pen:;ion Administrator can accept a Qualified Domestic RelaL•.ionn Ordox., husband will. taka t hr. :,t.epn, necessary to have Virginin I•'. 1..ec3 accepted as an al.tei:nat:e payee under the plum. Charles E. Lee shall executo chc ime:•: of address forma, li,niil cd powor.. of attorneys to efJ:r.CCU:ite Lhc: iribove paymentr., to Vivginia R. BY T1117 COURT# Exhibit E •O. R 1 lbl pl ill 'I,1lVA AA SLRS i20 r,.,.,. aiRuv Was) . f gtaT4 CtAPtOYpe'llttmU.tptrtr n+artr 000 a'W n' tr / t 'S .? •? • • p t f 4 I i - IAnRtOaimo P[rir!GV 11 17102 201 3 ' its A/PPC CAT10N COR RETIRCMEP ALLOWARICE ' ' L Q, -1APPUCANTINFQHi%1ATION V t aA.n ,p r' 1 tueolu 1.7 . . :? Ce•V'III[M DAt/1C1110r•ILttb ltri . _ ._ __._.__-_-_-_.-.._._"-. _ ...•w.- ' ,\ ?. i XCA • ^ ?Ljw MALE 1. IMP"0169 Aul4e911 OMC w t ANrav, • ; Q ?. AAA ,.c}O ?4 ...;.^,?s?mm_ls?s ?a , w . • 4 "1113 t., ?a , S?a?e .?o'?i c / ??' VIt .St MMI., aura fm I r. r / . ` •S WITHG AWAL OPTiQIV`IOPi 4} /.f•1: •''';'.I r? ItWMP SUM PAYINENTIS) WI WI REOtfCf40 MO Y PAYAgSN78) V•r• Yell may elect to roe( hto a portbn of your ona it(o unto sum payment to& ! Installments The result at Qb pu 't lthdrawa ' w1 he lower monthly payments under itro monthly payment plan voBich you ailn gtettb t+ Theo ameffnt of the reduction trill depend on,th 1t ount withdm.+n ,?. The total amount of the t+itltdrmwt mby of axeoe ur contributions and credited interest ?h. IF YOUpO NOT WANTA IT DRAW AVE THIS SECTION BLANK SECTION I I elect a lump sum payment/ins atlmontx from my contra unons and c dltod Interest as foltov (elhecti ono) All contributions and earned lnterast © II provlouety taxed contributions' nse??? + S ? All contributions but no Interest ?\ E3 e of contributions and cfadltod 1%? /?_t t." SECTION 2 1 ,6ns to receive m lutthsum w'.? Il my p paYma>!t/Instaltittoots Indrtataditbove asfollows r*4 n ), ....: : C7, © Ono lump sum payment tdth my init00 annuhv payTont C'. z• -. ??• _ OR. ?? ?1n ?Jristalliriontlsltobopydasfoltovts: (na mdro thon4lnstanmonto •? 2. •.. r . 3, C l 4. s?..' Amount/ Mc' Day , - Yr,. Arnouriv Mo. Yr, ' Amount/ Mo.. Yr Amouri IN . Yr. y Parecnh Pertant l Percent ego f'oIcent ? , It Installments do tot equal amount requested to Scelloabovo, on adjustment vdll bcr nhado to yo flnallipstaltmont 1,ALL ELBCTi HS ARE FINAL AND BINDING Iho came radar of m is to lie id under the mono eclf below \ '? alc.vt.n ? f ? •\ f/ •? •? t' ? / / t. ': o / V l <` let , ' MONTHLY PQVir PI:AN8 REM ? ". ?{Compe oftty on plan'!eeveo'tl)e?s blanks) • ' .: .. ? ? • °- t { p / T / / I understand that und+t tins plan I tdN ratetYO the mo?tddnrn?..a?mount oath mcfah fo g If 1 the before racelyllppf? m paymtmte an amount aqua! 1 INN to my own accumutatel deductions (my eomnbutu pMlo•65mad Interco) as they wat, at the lime *I m- roflf6lntirht, tlto bonnet %All be paid to f my bonaficlarylies) i may name one ormom beneficiaries at any time I havo completed ?Ol rocned a Nomination of BonofictaiVocs)form ? ???? :Ipr.atuu: / i ?. ?? jr, ,OPTION 1 1 . ?. I understand that tinder this plan Ito rateiva a r aced ropromont 0110"I nco In addhion to meaihtY PtiYmont %q1o for life, d value Is placed on mv'rourament aNlnisnea word tihll?tnosant value' All payments to mo are tiubtraated from tho prosont valuo?AnPliafanco ontafning at my s 'deMIrt •lh bo paid to my banobuaryflas) ?inay nomD ono or more beneficiaries and may change bormnciarfas at ant Imo tlrlive completed and attached a Nomination of Beneficiary f?as) form 1 I undetwtond that undarAhta plan I ut0 roceivo a reduced radroment oflovranell for WA Tho amount of roductlon fa based on my ago and 'sox and the person I nanto or sAy Designtaed Survivor" Only one parson may be named as my Designated Survivor At my death t oat person will continue) j 1o reecho for fife rlto samo inontfhtyainount as was paid to do. in addition loony outstanding amounts payable to me S Tuts is to cert:'y that the images'appearinq on s nieroficl:e are a true and,act:urate. reproduction-of a• recor'd'er-the S Pennsylvania State.Ec:ployest Reti;Went System Y,t: the regular course of daily' btisincss•and na¢e•under any ..Suner- r ' +ision* in, the/regu}ar_course o,? d 'lv'bu in Ss rra _ 5ginalsyL re the t:ontrol of the•.State::Et~pioyes'•Retirement Board. ` / ` ? 11 a- ••.- : .,•,•.,- . s y.. Q ? ??? •ry,?•f ? r y e y?? 1,{?,'.tiG7rrYy????y?LLLpy?,w?SY.O:YV' , , rrf?,r •,• 1 / tA-:?&Ami?' . '' J < ?•?> •251, qM?JIVP?S?tt? .?n ?.G.r• . r..? !,4.4 . vat -IV ]PA .1 77 I ufttlQtstand shat Itnder this ppn r two roeoivo attostim ro am nt of rodusdon io bo op "r noo and oex and %M*«?fmssnn dla'pMatfn Itto(1te aw ed sslltvhror lMtx 4i00"(Pft y be named tvlvor at my doe t t person will rem" far Rife, on4hm! (yl itho monthly omwlnt that w0? paid in "Von to any owev tome / ? : t• t sonrurE - 1 /j • + 00MMAUD SURVIVOR FORMA?ION I?OR OPTION 2 OR 3 ONL . f / Comploro the foUOtwnp Mtormarlop for yaw 000"14d SwWwor ONLY K hove erat•1- don 2 or 31 ' /^\CT..MhAft '11yM5 •dl V ? •/• •/ 7-- t lSICIM11Np4111M / r• /t' / ' ) ???•'t•/" ` tl , •rr .. •?• tl•1L6f tx ttm%= 11110ay?MLq?STMUCixN111'31 Ia?1N 1. •?y NEAR.' •? IJ.1`' :3 , ''? ., i:Fj , Ix \ IAPECI / I efoci anottlr/tort of pa ant ptaa sptahod In Ilia altaohod tartar Co a, rneiudln bonalidar r nhathod of watrlbution arq t ell { e Y ,tmlgaated survivor 1Md1lgmion d , Lqullbilont value A Should ho made in Payments under this plot? must, 21111Ml rrants Idtlt Ijro otlt System Soma of !ho rostrletfons ender tide eon aro ('tannl)rty shf11 bo payhlo %vitis radu?tlon tpg nrgnrber a flfutflno (except mefnbOrs With Joint Covatatlo$ and tbt Thu sun ol ayablo to any daslanatad oufvivo[ a uunnlL may noFexcogd one and one Iwit tuhws rhoamount of the annllty pall to tiro na.Inbar t r • ??' i a•vl , • • `•? CAM v) ' `? ofIRT1FICAT?N ?.,. . • v• • •? / Y MAnp road and un orstood at) o Ilia pr rnp provide 1 doNnftAodgo t Ion a rowernont nt lan ps - Pa? p opt rq is to ad bind I certify that all satomonts outdo anJln applrcahon are tr7?Qand correct to the host o o and belief I orstand that nnywi tlu VAfaNleotla ian 431' lmturv to provide life oiler on required may rosuft rfi% fro forfafturo of my rights to MOONS based on such Information amt such ether ?f nanairlasao ovldcll 41.? ? ` t - Y ?/ ? • ?.. • .. l z ??3-? ? • • .fir I Two w(tnoaso aro rod to our signature 411;60616W or Bost noted survivor may not Lo a witness , ?••d41SLL.CtAluq f. . r \ Ill S.'ra11•rCxE ` I , STATEEMP4YE9rf{ETIRE' ENT EM / (. - `• '? Tn:s-IS to- c v? hai?t. te 'images appearing an the microfiche are a true:and 8ccur8te ieproduttjaa of a reeord of they e :lS!Pennsylvania State-Emleyes' Retirement System kept in.the,regular Course-of.daily, bbaiftess.anti made under, my.- sutler-r• th@tBt?FmD1GYl§^:ACiir!elrePi. @01Yd. :' - visiarL.in_.the Nealtlar_ecllren._ni_daiiv?ltlLCirutfES}s?E?,.4ea71! .Brier till: henL1'ol of Exhibit F COMMONWEALTH OF PENNSYLVANIA STATE EMPLOYEES' RETIREMENT SYSTEM SIB 30 NORTH THIRD STREET - P.O. Box 1147 RS HARRISBURG, PENNSYLVANIA 17108-1147 TOLLFREE:1-800.693.6461 wwwxers.stata.pa.us March 16, 2004 PENSION VERIFICATION CHARLES E LEE 505 S OAKGROVE RD HARRISBURG PA 17111 Dear Annuitant: SSN : 211-30-3533 This is in response to your request for a monthly pension verification. These figures reflect your current annuity as of the above date. The information you requested is as follows: Gross Pension: ---- $3,013.48 Less Deductions: Federal Withholding Tax: $312.02 Health Insurance: $0.00 Other: $612.00 Net Pension: $2,089.46 The effective date of your annuity is 01-06-1990. Your regular retirement benefit will be made to you for life. Should you have any further questions regarding this matter, please contact our office. Remember to also notify SERS promptly when there is any change to your home address. Sincerely, Disbursements Section Benefit Determination Division AIN44 11111111111111111 11M 11111111111111111111111111111111111111111111 IN VERIFICATION I, Virgina Gilmore, being duly authorized to make this verification, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements, herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: 11 3 o'? - BY: U..ut.E3t.ru,a? JIC....n,r,-r Q Virginia Gilmore VIRGINIA F. LEE, now known as VIRGINIA F. GILMORE Plaintiff/Petitioner, V. CHARLES E. LEE Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO.: 3422 CIVIL 1987 CIVIL ACTION LAW- IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of June, 2008, I, Jennifer L. Karr, Legal Assistant at the Law Offices of Leslie D. Jacobson, and hereby certify that on this day I served the within documents upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, and via certified mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Charles E. Lee 505 S. OakGrove Road Harrisburg, PA 17111 LAW OFFICES OF LESLIE DAVID JACOBSON 7 VIRGINIA F. LEE, now known as : IN THE COURT OF COMMON PLEAS OF VIRGINIA F. GILMORE : CUMBERLAND COUNTY PENNSYLVANIA Plaintiff/Petitioner, V. : NO.: 3422 CIVIL 1987 CHARLES E. LEE CIVIL ACTION LAW- IN DIVORCE Defendant/Respondent ORDER OF COURT AND NOW, this day of 2008, upon consideration of the within Petition for Enforcement of Divorce Decree and Contempt of Court in the above captioned matter, IT IS HEREBY ORDERED that Plaintiff/Petitioner's petition is GRANTED. Defendant is in contempt of the parties Marriage Settlement Agreement as well as the Court's Order of February 7, 1989. The Defendant/Respondent is hereby ordered to provide the following relief. A. Judgment is entered against Respondent in the amount equal to the difference Petitioner the amount B. Respondent shall pay to the Petitioner the amount equal to the difference between what Petitioner has been receiving and the amount of C. SERS shall pay Respondent's monthly pension amount of $3,013.48 to Petitioner until her claim is paid in full. D. Respondent shall purchase a life insurance policy that provides an irrevocable death benefit to Petitioner in an amount of E. Respondent shall pay Petitioner's reasonable attorneys' fees and costs incurred in connection with the preparation and prosecution of this petition in the amount of F. Respondent shall pay to Petitioner punitive damages as a result of Respondent's outrageous conduct in the amount of J. bi ly JUN 0 g2ppgy.4 Leslie D. Jacobson Attorney for Plaintiff/Petitioner The Law Offices of Leslie David Jacobson 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 VIRGINIA F. LEE, now known as VIRGINIA F. GILMORE Plaintiff/Petitioner, V. CHARLES E. LEE Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO.: 3422 CIVIL 1987 : CIVIL ACTION LAW- IN DIVORCE ORDER AND NOW, this I/ ` day of s,,._. , 2008, upon consideration of the within Petition for Enforcement of Divorce Decree and Contempt of Court in the above captioned matter, a Rule to Show Cause is issued upon Defendant/Respondent to show cause why the petition should not be granted. RULE RETURNABLE Z o DAYS FROM SERVICE '337 ' D ?7 cac. n}IIU4 sal tlad po(rl?'I VIN?A q Nd I I Nfir BUZ VIRGINIA F. LEE, now known as VIRGINA F. GILMORE Plaintiff/Petitioner V. CHARLES E. LEE Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 3422 CIVIL 1987 CIVIL ACTION LAW - IN DIVORCE DEFENDANT'S ANSWER TO THE RULE TO SHOW CAUSE ISSUED JUNE 11, 2008 AND NOW, comes Charles E. Lee, by and through his attorney, Mark F. Bayley, Esquire, and in response to Plaintiff s Petition For Enforcement of Divorce Decree and Contempt of Court and the Court's Rule to Show Cause issued June 11, 2008, responds as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. After reasonable investigation within the time allotted, Defendant cannot confirm this averment; strict proof is therefore demanded. 7. Admitted. 8. Admitted. 9. Admitted. 10. Denied. By way of further answer, handwritten portions of application are not in Defendant's handwriting. 11. Denied. By way of further answer, Defendant had no intention of failing to abide by the settlement agreement and/or Order of February 7, 1989; the selection of Option 1 was pure mistake and/or misunderstanding. 12. Denied. By way of further answer, Defendant had no intention of failing to abide by the settlement agreement and/or Order of February 7, 1989; the selection of Option 1 was pure mistake and/or misunderstanding. 13. Admitted in part and denied in part. It is denied that Defendant deliberately violated the settlement agreement and/or Order of February 7, 1989. It is admitted that Defendant has been receiving the maximum lifetime annuity distribution of his pension since January 6, 1990. 14. Denied. Defendant is willing and has offered to correct the problem. 15. Admitted. 16. Denied. By way of further answer, Defendant did not intentionally violate the settlement agreement and/or Order of February 7, 1989; additionally, Defendant is willing to immediately correct the problem by securing life insurance and the cost of doing so will likely eventually put him in worse position than he would have been had the proper option originally been selected. 17. Admitted in part and denied in part. It is admitted that Defendant's mistake was discovered by Plaintiff as result of an IRS audit; it is denied that Defendant incorrectly claimed $600. payments as alimony and it is his understanding that the IRS is allowing him to claim said amounts as deductions. 18. Denied. By way of further answer, Defendant would have been and continues to be willing to come into compliance with the settlement agreement and Order of February 7, 1989 without the filing of Plaintiffs Petition and/or Court intervention. WHEREFORE, Defendant requests that the Plaintiffs Petition be dismissed at the time he comes into compliance with the settlement agreement and Order of February 7, 1989. NEW MATTER 19. Previous paragraphs are hereby incorporated. 20. By and through undersigned counsel, Defendant has agreed to correct his mistake as soon as possible by securing a life insurance policy providing similar benefits as Plaintiff would have received had the mistake not occurred. (See letter dated June 30, 2008 in reference to June 25, 2008 telephone conversation between counsel attached as exhibit "A"). 21. By and through undersigned counsel, Defendant has agreed to compensate Plaintiff for attorney fees in a reasonable amount for fees directly in connection and to the within matter. (See letter dated June 30, 2008 in reference to June 25, 2008 telephone conversation between counsel attached as exhibit "A"). 22. Plaintiffs acceptance of Defendant's proposal would place Plaintiff in precisely the same position she would have been in had the mistake not have occurred. 23. Should Plaintiff continue litigation in pursuit of unwarranted windfall, Defendant should be entitled to reasonable attorney fees for defense of such claims. WHEREFORE, Defendant respectfully requests compensation for his attorney fees with regard to litigation in connection with the continuance of frivolous claims. Respectfully submitted, BAYLEY & MANGAN Date: (J ?C)-O V Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Defendant/Respondent Bayley & Mangan ATTORNEYS AT LAW 17 West South Street Carlisle, Pa 17013 Mark F. Bayley, Esquire John J. Mangan, 111, Esquire Julie M. Good, Paralegal Telephone: (717) 241-2446 Fax: (717) 241-2456 June 30, 2008 Leslie D. Jacobson, Esquire 8150 Derry Street, Suite A Harrisburg, PA 17111-5260 Via Fax (717) 909-7788 & 1st class mail Dear Mr. Jacobson: As we discussed over the telephone on June 25, 2008, Mr. Lee acknowledges that he mistakenly and inadvertently selected the incorrect option with regard to his pension plan. He is now willing to correct the mistake by obtaining an insurance policy that will provide benefits to your client, in the event she survives Mr. Lee, in equal amounts to those she would have received had the proper selection been made. It is my understanding that you intend to verify the exact amount your client would have been entitled to with the pension administrator. When we know the number, Mr. Lee will immediately begin shopping for an appropriate policy. Additionally, Mr. Lee is willing to discuss compensating your client for her reasonable attorney fees regarding this matter in the event that she wishes to resolve the situation informally. It is our position that these steps will place her in the same position she would have been in had the mistake not occurred. Taking into account Mr. Lee's age, the cost of obtaining an appropriate insurance policy will be costly. Therefore, it does not appear to me that Mr. Lee will end up with any benefit from the mistake in the long run. Mr. Lee has filed a response to your client's petition today which is enclosed. A copy of my entry of appearance is also enclosed. Sincerely, Mark F. Bayley, Esq . e MFB/jmg/ cc: Charles Lee enclosures ? ?. \ ? t<(A Jj I VIRGINIA F. LEE, now known as VIRGINA F. GILMORE Plaintiff/Petitioner V. CHARLES E. LEE Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3422 CIVIL 1987 : CIVIL ACTION LAW - IN DIVORCE VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Charles E. Lee, Defen espondent VIRGINIA F. LEE, now known as VIRGINA F. GILMORE Plaintiff/Petitioner V. CHARLES E. LEE Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3422 CIVIL 1987 : CIVIL ACTION LAW - IN DIVORCE CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Leslie D. Jacobson, Esquire 8150 Derry Street, Ste. A Harrisburg, PA 17111-5260 Mark F. Bayley, Esqu' e Attorney for Defendant/Respondent Dated: ?.) r^*a r`'? "`! -? ---{ G??ry?+ ;, .Y ?__.? j?.e -1 •.hJ ,? ? ; -.,.?A -.. .E !?j .rs? VIRGINIA F. LEE, now known as IN THE COURT OF COMMON PLEAS OF VIRGINA F. GILMORE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner ; V. NO. 3422 CIVIL 1987 CHARLES E. LEE CIVIL ACTION LAW - IN DIVORCE Defendant/Respondent : PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Charles E. Lee, in the above- captioned matter. Date: L'?o L/t/ Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Defendant VIRGINIA F. LEE, now known as IN THE COURT OF COMMON PLEAS OF VIRGINA F. GILMORE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner V. NO. 3422 CIVIL 1987 CHARLES E. LEE : CIVIL ACTION LAW - IN DIVORCE Defendant/Respondent CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for Defendant do hereby certify that I this day served a copy of the within Praecipe upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Leslie D. Jacobson, Esquire 8150 Derry Street, Ste. A Harrisburg, PA 17111-5260 Dated: G--- 0-0?/ Lz--?2 ' Mark F. Bayley, Esquire Attorney for Defendant r.> CIO J ca 0 Leslie D. Jacobson Attorney for Plaintiff/Petitioner The Law Offices of Leslie David Jacobson 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 VIRGINIA F. LEE, now known as VIRGINIA F. GILMORE Plaintiff/Petitioner, V. CHARLES E. LEE Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO.: 3422 CIVIL 1987 CIVIL ACTION LAW- IN DIVORCE PETITION FOR HEARING REGARDING ENFORCEMENT OF DIVORCE DECREE AND CONTEMPT OF COURT AND NOW COMES, Virginia F. Gilmore, Plaintiff in the above case, by and through her attorneys, The Law Offices of Leslie David Jacobson, and respectfully requests in the above referenced matter and support of said request respectfully represents: 1. On June 5, 2008, Petitioner filed a Petition for Enforcement of Divorce Decree and Contempt of Court in the above captioned action. 2. On June 11, 2008, the Honorable Kevin A. Hess issued an Order and a Rule to Show Cause directing Respondent to file his Answer to the Petition. 3. On or about June 30, 2008, Respondent filed his Answer to the Rule to Show Cause issued June 11, 2008 with New Matter. 4. Simultaneously with this Petition, Petitioner has filed her answer to Respondent's New Matter. 5. The Petitioner believes and therefore avers that this matter is ripe for a hearing and respectfully requests that this honorable court issue an order scheduling a hearing on her Petition. w, h WHEREFORE, Petitioner respectfully requests that this honorable court schedule a hearing on her Petition and for whatever other relief the court deems just and appropriate. Respectfully submitted, THE LAW OFFICUS OF LESLIE DAVID JACOBSON Dated: July 2, 2008 L slie D. Jacobson intiff ttorney for Petitioner il vid Jacobson he Law Offices of LeDa 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 VIRGINIA F. LEE, now known as IN THE COURT OF COMMON PLEAS OF VIRGINIA F. GILMORE CUMBERLAND COUNTY PENNSYLVANIA Plaintiff/Petitioner, V. NO.: 3422 CIVIL 1987 CHARLES E. LEE CIVIL ACTION LAW- IN DIVORCE Defendant/Respondent CERTIFICATE OF SERVICE "'D AND NOW, this 2 day of July 2008, I, Chad Julius, Law Clerk at the Law Offices of Leslie D. Jacobson, and hereby certify that on this day I served the within Rule To Show Cause upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Mark F. Bayley Bayley & Mangan 17 West South Street Carlisle, PA 17013 LAW OFFICES OF LESLIE DAVID JACOBSON By: cr Chad Juliu 4 C? C r`' ?. ?? ?. ?... r-- -< ?:? }".. ? .? o ??? ? ?? 4? ?'?{'? .? W Leslie D. Jacobson Attorney for Plaintiff/Petitioner The Law Offices of Leslie David Jacobson 8150 Derry Street, Ste. A Harrisburg, Pennsylvania 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 VIRGINIA F. LEE, now known as VIRGINIA F. GILMORE Plaintiff/Petitioner, V. CHARLES E. LEE Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO.: 3422 CIVIL 1987 : CIVIL ACTION LAW- IN DIVORCE PETITIONER'S ANSWER TO RESPONDENT'S NEW MATTER AND NOW COMES, Virginia F. Gilmore, Petitioner in the above case, by and through her attorneys, The Law Offices of Leslie David Jacobson, and hereby responds to Respondent's New Matter as follows: 19. No response required. 20. Admitted in part and Denied in part. It is admitted that Defendant has agreed to secure a life insurance policy providing benefits to compensate Plaintiff; however, no details have been discussed. It is denied that said benefits compensate Plaintiff for Defendant's intentional conduct adequately. It is further denied that Defendant's intentional conduct should be viewed by this court as a "mistake". 21. Admitted in part and denied in part. It is admitted that counsel for the Defendant has made an offer to pay Plaintiff's attorneys fees in this matter. It is denied that any particulars regarding said fees have been discussed. 22. Denied. It is denied that Plaintff s acceptance of Defendant's proposal would place Plaintiff in precisely the same position she would have been in had Defendant completed 0 his Application for Retirement Allowance correctly. By way of further response, the Defendant or has been unjustly enriched, at the expense of the Plaintiff, since January 6, 1990, and Plaintiff is, has been, and remains without the protection she was entitled to receive by Order of this court. 23. Denied. It is denied that Plaintiff s is in pursuit of an unwarranted windfall. It is futher denied that Defendant should be entitled to reasonable attorneys fees for the defense of such claims. By way of further response, it is Defendant's violations of both the Divorce Decree and this Court's Order of February 7, 1989 that caused the Plaintiff to file her petition. Respectfully submitted, THE LAW OFFICKOF LESLIE DAVID JACOBSON Dated: July 2, 2008 Leslie D. Jacobson Attorney for Petiti n /Plaintiff The Law Offices o eshe David Jacobson 8150 Derry Street, 35 e. A Harrisburg, Pennsy aria 17111-5260 Ph: (717) 909-5858 Fx: (717) 909-7788 2 VERIFICATION I, Virgina Gilmore, being duly authorized to make this verification, do hereby verify that the facts stated in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Date: 'T - ?- 08 By: U V rginia Gilmore VIRGINIA F. LEE, now known as VIRGINIA F. GILMORE Plaintiff/Petitioner, V. CHARLES E. LEE Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO.: 3422 CIVIL 1987 CIVIL ACTION LAW- IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of July 2008, I, Jennifer L. Karr, Legal Assistant at the Law Offices of Leslie D. Jacobson, and hereby certify that on this day I served the within Documents upon the person indicated below, by depositing a true and correct copy of the same in the United States Mail, postage prepaid, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Mark F. Bayley Bayley & Mangan 17 West South Street Carlisle, PA 17013 LAW OFFICES OF LESLIE DAVID JACOBSON By: Chad Ju 3 ° m ? r- _ ? 4 i :' ? ?1 ?? ? ' ? ?? ? ? ?VV eur. 0 7 2008 '- VIRGINIA F. LEE, now known as VIRGINIA F. GILMORE Plaintiff/Petitioner, V. CHARLES E. LEE Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA NO.: 3422 CIVIL 1987 CIVIL ACTION LAW- IN DIVORCE ORDER Upon consideration of Petitioner's request for a hearing, it is hereby ORDERED that a hearing in this matter has been scheduled for ld , 2008 at o'clock in courtroom no. Y- at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. `i 98 :8 NY S ! 5nv goon et VIC)tl'u awed 3HI -40 VIRGINIA F. LEE, now known as VIRGINA F. GILMORE Plaintiff/Petitioner V. CHARLES E. LEE Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3422 CIVIL 1987 : CIVIL ACTION LAW - IN DIVORCE MOTION FOR CONTINUANCE AND NOW, comes Charles E. Lee, by and through his attorney, Mark F. Bayley, Esquire, and in support of the within motion avers as follows: 1. The Honorable Kevin A. Hess is assigned to the within matter. 2. A hearing with regard to Plaintiffs Petition for Hearing Regarding Enforcement of Divorce Decree and Contempt of Court was previously scheduled for October 10, 2008; Undersigned Counsel received the scheduling order in the mail on August 16, 2008. 3. Undersigned Counsel will be involved with a murder trial commencing in Adams County on October 6, 2008, which is likely to continue up and through October 10, 2008; Undersigned Counsel also had a pre-arranged vacation planned to begin October 10, 2008, which now appears unlikely due to said trial. 4. Undersigned Counsel forwarded a fax on August 25, 2008 to opposing counsel, Leslie Jacobson, requesting his position regarding a continuance after previously attempting unsuccessfully to contact him by telephone. 5. Undersigned Counsel received a letter from Attorney Jacobson on August 27, 2008, which indicates his objection to the within motion due to his client already having made travel arrangements to Carlisle from South Carolina and due to the matter having "been pending for some time" (Attached as "Exhibit A"). 6. Undersigned Counsel would concur with Attorney Jacobson's client testifying by telephone in order to avoid making a trip from South Carolina all together. 7. Additionally, the original petition was filed on June 5, 2008 and, as indicated above, the hearing was only recently scheduled and has not previously been continued. WHEREFORE, the Defendant respectfully requests a continuance to the hearing currently scheduled for October 10, 2008 to a time which suits all interested parties. Respectfully Date: Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717) 241-2446 Supreme Court ID # 87663 Attorney for Defendant/Respondent VIRGINIA F. LEE, now known as VIRGINA F. GILMORE Plaintiff/Petitioner v. CHARLES E. LEE Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 3422 CIVIL 1987 : CIVIL ACTION LAW - IN DIVORCE VERIFICATION Mark F. Bayley, Esquire, states that he is the attorney for Defendant/Respondent in this action; that he makes this affidavit as attorney because he has sufficient knowledge or information and belief, based upon his investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: c? d L-k - Mark F. Bayley, squire Attorney for Defendant/Respondent LAW OFFICES OF LESLIE DAVID JACOBSON LESLIE DAVID JACOBSON 8150 DERRY STREET SUITE A HARRISBURG, PA 17111-5260 (717) 909-5858 Facsimile: (717) 909-7788 25 August 2008 Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street Carlisle, PA 17013 RE: Lee/Gilmore v. Lee No. 3422 Civil 1987 Dear Mark: Tip, r ? r, ?w ALLEN D. MOYER I am in receipt of your correspondence dated August 25, 2008. Unfortunately, I cannot concur with your request for a continuance. This matter has been pending for some time and my client has already made travel arrangements to the Carlisle area from her home in South Carolina. If after reviewing this correspondence you have any questions or comments, please feel free to contact me at your convenience. D. Jacobson c: client e ?(u ?, t A VIRGINIA F. LEE, now known as IN THE COURT OF COMMON PLEAS OF VIRGINA F. GILMORE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner V. NO. 3422 CIVIL 1987 CHARLES E. LEE : CIVIL ACTION LAW - IN DIVORCE Defendant/Respondent CERTIFICATE OF SERVICE I, Mark F. Bayley, Esquire, attorney for the Defendant/Respondent do hereby certify that I this day served a copy of the foregoing document upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Leslie D. Jacobson, Esquire 8150 Derry Street, Suite A Harrisburg, PA 17111-5260 / Mark F. Bayley, Esquire Dated: ?i 0e Attorney for Defendant/Respondent V 1 -?. __ Z ::; X1..1 - s «tt^ .? E ??:- N _: 1 i.=? ?y u-1 CS.- ?"' ?? ' _? N VP 0 3 2008 VIRGINIA F. LEE, now known as IN THE COURT OF COMMON PLEAS OF VIRGINA F. GILMORE CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Petitioner V. NO. 3422 CIVIL 1987 CHARLES E. LEE : CIVIL ACTION LAW - IN DIVORCE Defendant/Respondent ORDER AND NOW, this day of , 2008, the Defendant's Motion for Pan/iMi -14& Continuance is hereby GRANTED. The hearing previously scheduled for October 10, 2008 is continued to the A& day of 1AC _, 2008, at 9/3 d o'clock & m. in Courtroom No. 4 in the Cumberland County Courthouse. distribution: ./Mark F. Bayley, Esquire Leslie Jacobson, Esquire LSO at £s aJ lzr-L 1 q fty?o8 VINVAIASNN3d 00 11 A 91 d3S 809Z AWONUHiOdd 3HI dO VIRGINIA F. LEE, now known as IN THE COURT OF COMMON PLEAS OF VIRGINIA F. GILMORE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 1987-3422 CIVIL CHARLES E. LEE, Defendant IN DIVORCE IN RE: PLAINTIFF'S PETITION FOR ENFORCEMENT OF DIVORCE DECREE AND CONTEMPT OF COURT ORDER AND NOW, this ?d day of January, 2009, upon consideration of the plaintiff's Petition for Enforcement of Divorce Decree and Contempt of Court and after hearing regarding the same, it is ordered and directed that: 1. Defendant shall maintain a life insurance policy which carries a death benefit of at least $151,984. The defendant shall elect the plaintiff as beneficiary and shall provide documentation to plaintiff on the yearly anniversary of this order which verifies defendant's compliance with this paragraph. In addition, the defendant shall execute a release allowing the plaintiff to have direct contact with his life insurance company for the purpose of ascertaining the status of the insurance policy and allowing her to receive copies of correspondence concerning the status of same. 2. The defendant shall not claim the $600.00 payment being made to the plaintiff as alimony on his 2008 tax return and all future tax returns. The court notes that prior tax returns have been the subject of rulings by the Internal Revenue Service. It appearing that the defendant was unrepresented at the time he entered into the 1989 marital settlement agreement, that he did not receive a copy of same, and that there was no ti assistance or oversight provided by the plaintiff or anyone else to assure that defendant's retirement election comported with the agreement of the parties, and that the defendant's violation of the agreement was not otherwise willful, the petition for contempt of court is DISMISSED. BY THE COURT, Kevin,y. Hess, J. ?Leslie D. Jacobson, Esquire For the Plaintiff Clark F. Bayley, Esquire For the Defendant rlm a v C,j ;tit