Loading...
HomeMy WebLinkAbout05-2774RICHARD A. STEIN, Plaintiff V. DIANNE B. STEIN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. O Y 2 77-( : CIVIL ACTION -LAW : IN DIVORCE AND CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you 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, 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 LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 ?717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de ]a demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a ]as demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una Orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes Para usted. ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 RICHARD A. STEIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. C, .? 77 f 0&14 Tel DIANNE B. STEIN, : CIVIL ACTION -LAW Defendant : IN DIVORCE AND CUSTODY COMPLAINT FOR DIVORCE UNDER SECTION 3301(C)OR rm nv rum AND EQUITABLE DISTRIBUTION AND NOW, comes the above-named Plaintiff, Richard A. Stein, by his attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth as well as joint legal and physical custody of TAYLOR R. STEIN. COUNTI DIVORCE UNDER SECTION 3301(Q OF THE DIVORCE CODE Plaintiff is RICHARD A. STEIN, hereinafter "Father," an adult individual who currently resides at 5129 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania 17110. 2. All legal papers maybe served on Plaintiff by service on him to Attorney, Mark A. Mateya, Esquire with a mailing address ofP.O. Box 127, Boiling Springs, Pennsylvania 17007. 3. Defendant is DIANNE B. STEIN, hereinafter "Mother," an adult individual who currently resides at 5129 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania 17110. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on November 16, 1985 in Lemoyne, Pennsylvania. 6. the Parties in this or any other jurisdiction. The marriage is irretrievably broken. 8. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 9 the right to request that the court require the parties to participate in counseling. There have been no prior actions of divorce or for annulment of marriage between Plaintiff has been advised that counseling is available and that plaintiff may have 10. Plaintiff requests the Court to enter a Decree of Divorce. COUNT 11 COMPLAINT FOR CUSTODY 11. Paragraphs 1 through 10 above are incorporated herein by reference as if set forth completely herein. 12. Plaintiff and Defendant wish to share joint legal and physical custody of Taylor R. Stein, born September 24, 1990, who currently resides at 5129 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania 17110. A Custody Stipulation entered into by and between the parties and is attached hereto as Exhibit "A" and is incorporated herein by reference. 13. The child Taylor R. Stein was born in wedlock. 14. The child is presently in the custody of Father and Mother, at 5129 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania 17110. 15. During the past five years the child has resided with the following persons at the following addresses: A. At 5129 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania with Richard A. Stein and Dianne B. Stein. 16. The father of the child, Richard A. Stein, is currently residing at 5129 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania, and he is married. IT The Mother of the child, Dianne B. Stein, is currently residing at 5129 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania, and she is married. 18. The relationship of the Plaintiff to Taylor R. Stein is that of natural father. 19. The relationship of the Defendant to the Taylor R. Stein is that of natural mother. 20. The Plaintiff has not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the child in this or another Court. 21. Plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth or any other state. 22. Plaintiff does not know of a person not a party to this custody proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 23. The best interests and permanent welfare of the child will be served by granting the relief requested because: a. Plaintiff is the father of the child. b. Defendant is the mother of the child. c. Plaintiff and Defendant are presently seeking a divorce. d. Plaintiff and Defendant have been the care givers of the child since his birth. e. Plaintiff and Defendant will remain part of the child's life. WHEREFORE, the Plaintiff requests this Honorable Court to grant joint legal and physical custody of the child to Plaintiff and Defendant according to the Stipulation and Agreement attached hereto as Exhibit "A" and incorporated herein by reference. COUNT III CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 24. Paragraphs 1 through 23 above are incorporated herein by reference as if set forth completely herein. 25. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 26. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; d. For such further relief as the Court may determine equitable and just. Respectfully submitted, V? Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Dated: 0? Attorney for Plaintiff VERIFICATION I, RICHARD A. STEIN, verify that the facts set forth in the foregoing Complaint for Divorce, Custody and Equitable Distribution are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. DATED: 5 v? RICHARD A. STEIN r-> (? ( C_7 -_ -? T r T / _^\ C_ ' 1? ///))) ^? ?^ I1 ?? V ` v \ ?? ?1' (+'1 ?) `? 0 RICHARD A. STEIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2774 DIANNE B. STEIN, CIVIL ACTION -LAW Defendant IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 2nd day of June, 2005, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce was filed to the above term and number on May 26, 2005. 2. On May 27, 2005, a certified copy of the Complaint in Divorce and Custody was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. 3. On May 27, 2005, a certified copy of the Complaint was set to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit `A' and is incorporated herein by reference. 4. On or about June 1, 2005, undersigned counsel for Plaintiff received the return receipt card signed by the Defendant on May 28, 2005. Said receipt is attached hereto as Exhibit "B" and is incorporated herein by reference. Respectfully submitted, Lids, 1 Mark A. Mateya, Esq re Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff PROVIDE FOR INSURANCE - POSTMASTER Reca,eed From: y K aT? A FS p ))ag? . l fa ? o ? tlj ? of G 5ppuAg A /7aa m piece of ordinary mail atltlresRetl to: c O 0 W 0 S r c 3<M w .A t ?OL/I J/ WW oO -Zi ?S OOIn N Z 9 1 (1 p n A/U?CS U/Z6? l Qy m N m v a PS Form 3817, Mar. 1989 U.S . Post al Ser vice, ., CE RTIF IED MAIL ,., REC EIPT (Do mestic M ail Only ; No ins urance C overage Provided) m 1p 3 rn R1 postage $ certified Fee 52.30 C3 M Return Reciept FeO C3 51.75 r, GRye } . (EtWOrsemem Required) C3 Resldcted rFWru Fee C3 (Endoreement Req red) ' C3 Total Postage 8 Feea .$ ;g• t5 DN'e"'t? ^"'" M )rqN -- Tint- -------------------------- city, Stare, L 40- A) CS PR / U. S PS Form ri ¦ Complete Items 1, 2, and 3. Also complete i6em 4 It Restricted Delivery is desired. ¦ P'dM your name and address on the reverse so that we can return the card to you. ¦ Mach this card to the heck of the mallpiece, or on the front If space permits. 1. Article Addressed to: -IANUE 8, e5t??/? ?"la 9 ?1,coe?f ? ?CJ?A•wts?u,26 PA P7o55 A Bda u X B. Received by (Pdrdad Name) C. D. Is delivery addreee Merent N YES, enter delivery :? No y4 3. Ice Type ?+: =? - Certifletl m ? Emxsca mem 17 Registered ? Return Receipt for Mercharaw Insured man ? C.om. - 13 4. Restricted DalWeryT (Extra Fee) k(Yes 2' AyWiNonm 7003 0500 0004 2332 6795 (7Arrrawnomearvloe . P3 Form 3811, February 2004 Domestic Return Receipt 10259$-02441640 i ? ? °, s G `'" [??? Z ?? r s_:. c.? ?? . ?^ ?C ? ??. RICHARD A. STEIN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2774 CIVIL ACTION LAW DIANNE B. STEIN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, June 02, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor Cumberland County Courthouse, Carlisle on Tuesday, June 21, 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Jacqueline M. Verney, Esq. _' Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VINVAIASNN3d )dNnan r7,wr!J--s mo h o :Zl wd e- Nnr saoz AdViGNORLOdd ;HU Jo nd?.O-GMLA RECEIVED OCT 1120055 0x RICHARD A. STEIN, Plaintiff V. DIANNE B. STEIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-2774 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this 11`h day of October, 2005, the parties having not contacted the Conciliator since June 7, 2005 to schedule a Conciliation Conference, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, `JJacqu line M. Verney, Esquire, Cus dy Conciliator r13 .:; ?..A ?I !:)'O SON RICHARD A. STEIN, Plaintiff V. DIANNE B. STEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.2005-2774 CIVIL ACTION - LAW IN DIVORCE/CUSTODY PRAECIPE TO WITHDRAW/ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Plaintiff, Richard A. Stein, in the above- captioned action. Date: TO THE PROTHONOTARY: By: Mark A. Mateya, uire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Please enter the appearance of John J. Connelly, Jr., Esquire, on behalf of the Plaintiff, Richard A. Stein, in the above-captioned action. Date: J hda-, By: J./Conn'?lly, Jr., Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 & OoMielly, LLP ._? (: ? ; p -z? a= ^-J - -T ? i _ ? y ?-, -..y i ?; rV j\ / 1 .- ^' ( •• 1 L .^i r RICHARD A. STEIN, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA I VS. ) CIVIL ACTION - LAW NO. 05-2774 j DIANNE B. STEIN, ) Defendant ) IN DIVORCE AND CUSTODY MOTION FOR APL AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and moves the court for a hearing or conference on her request for Alimony Pendente Lite, as raised in her Petition for Economic Relief which was filed contemporaneously with this Motion. Sam el L. An s Attorney for Defendant Supreme Court ID # 17225 525 North 12' Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 31 47 a.,. 2W, WQ e-, L L. AND RICHARD A. STEIN, ) IN THE COURT OF COMMON PLEAS Plaintiff ) OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW DIANNE B. STEIN, ) NO. 05-2774 Defendant ) IN DIVORCE AND CUSTODY DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 2. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 5. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 7. Defendant is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 9. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: 5- O DIANNE B. STEIN ? ?' ?" n' ?:;,, c_ _. ? .. . M , ? °r .? ?,. "` > } -7_r l .? ? ?"Cl : - - - ? ?.T? - C -?9 , RICHARD A. STEIN, Plaintiff IN T?E COURT OF COMMON PLEAS OF C MBERLAND COUNTY, VANIA VS. DIANNE B. STEIN, Defendant ACTION - LAW NO. 105-2774 IN AND NOW comes the above-named Defendant, by her makes the following Petition for Economic Relief: 1. During the course of the marriage, the parties have property, both real and personal, which are held in joint nam of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, al the Plaintiff, to equitably divide the property, both real and hereto as marital property. COUNT II - ALIMONY 2. Defendant lacks sufficient property to provide for h accordance with the standard of living of the parties establisl 3. Defendant is unable to support herself in accordanc the parties established during the marriage through approprii 4. The Plaintiff is employed and enjoys a substantial ii contribute to the support and maintenance of Defendant and accordance with the+ Divorce Code df Pennsylvania. AND CUSTODY , Samuel L. Andes, and quired numerous items of and in the individual names requiring full disclosure by oval, owned by the parties reasonable needs in d during the marriage. with the standard of living of a employment. ome from which he is able to pay her alimony in WHEREFORE, Defendant prays this Honorable Court to Defendant from Plaintiff permanent alimony in such sums as s support and maintain Defendant in the station of life to whict during the marriage. 5. Defendant is without sufficient income to support Inter an Order awarding v reasonable and adequate to she has become accustomed maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well abl to contribute to the support and maintenance of Defendant during the course of this actin WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. 7. Defendant is without sufficient funds to retain matter. 8. Without competent counsel, Defendant cannot ade against Plaintiff and cannot adequately litigate her rights in t 9. Plaintiff enjoys a substantial income and is well abl Defendant's attorney and the expenses of this litigation. WHEREFORE, Defendant prays this Honorable Court to fees and expenses incurred by Defendant in the litigation of t Samuel L. Andes Attorney for Defends Supreme Court ID 17: 525 North 12th Stree Lemoyne, PA 17043 (717) 761-5361 to represent her in this prosecute her claims matter. to bear the expense of Plaintiff to pay the legal action. T r . It I verify that the statements made in this document are that any false statements in this document are subject to the (unsworn falsification to authorities). Date: DIANNE B. STEI true and correct. I understand penalties of 18 Pa. C.S. 4904 I C7 p ? -n r? ? ?- n T i 1 r`? z r 1 1 -" Sa RICHARD A. STEIN, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-2774 CIVIL TERM DIANNE B. STEIN, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 147108326 ORDER OF COURT AND NOW, this 5th day of June, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on Monday July 31 2006 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. 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 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, Edgar B. Bayley, President Judge Copies mailed on June 5, 2006 to Petitioner Respondent Samuel L. Andes, Esquire John J. Connelly, Jr., Esq. Date of Order: June 5, 2006 nference Officer Sh iday-, 44 k 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 cc361 C ;' ? L'7 - cs ? _ °'` ;-? ?? ;? .? ?i ?' r ` T? - ?, + - ., E'• _ . , Y? ? ?? .. ?? RICHARD A. STEIN, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-2774 CIVIL TERM DIANNE B. STEIN, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 147108326 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 27th day of July, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Wednesday, August 23, 2006 at 9. 00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. 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 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, Edgar B. Bayley, President Judge Copies mailed on July 27, 2006 to: Petitioner Respondent Samuel L. Andes, Esq. John J. Connelly, Jr., Esq. 4.+ ?' Date of Order: July 27, 2006 4 J. Sl day, on erence 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 cc361 ?-? ?-? V ` RICHARD A. STEIN, Plaintiff/Respondent VS. DIANNE B. STEIN, Defendant/Peddoner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 05-2774 CIVIL TERM IN DIVORCE PACSES # 147108326 ORDER OF COURT AND NOW, this 23rd day of August, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $2258.82 and Respondent's monthly net income/earning capacity is $5554.09, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $433.00 per month payable as follows: $433.00 for alimony pendente lite and $0.00 on arrears. First payment due September 8, 2006 at a rate of $199.85 biweekly. Arrears set at $0.00 as of August 23, 2006. The effective date of the order is September 8, 2006. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Dianne B. Stein. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 r Unreimbursed medical expenses that exceed $250.00 annually are to be paid as follows 0% by Respondent and 100% by Petitioner. The Petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. The Respondent is to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order considers that there is a shared custody arrangement of the parties' child and that there is a child support obligation under PACKS Case #399108542. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Mailed copies on: August 23, 2006 to: Petitioner Respondent Samuel L. Andes, Esq. John J. Connelly, Jr., Esq. DRO: R.J. Shadday Petitioner's Attorney Respondent's Attorney BY THE COURT, ??- * X,4 Kevi . Hess, J. a c? '??' ? , .; to ? ' =? ? ? c ?. ,e??.. ,? ,?r?' :i= Vii" G t,? -? ? ;?. ? :? ?,,n ;s RICHARD A. STEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-2774 CIVIL TERM DIANNE B. STEIN, IN DIVORCE DefendantlPetitioner PACSES # 147108326 ORDER OF COURT AND NOW to wit, this 281h day of August, 2006, it is hereby Ordered that the Order of August 23, 2006 is amended in part to correct the Petitioner's monthly net income. Petitioner': monthly net income is $3,295.27. The remainder of the August 23, 2006 Order remains in its entirety. BY THE COURT: Ke ' A. Hess, J. DRO: R.J. Shadday ke: Petitioner Respondent Samuel L. Andes, Esq. John J. Comelly, Esq. Service Type: M Form OE-520 Worker: 21005 p C CP 'v `u" G rn= r?'` . !_-n w . ?b Jm ? =Y .• q --? ` RICHARD A. STEIN, Plaintiff/Respondent VS. DIANNE B. STEIN, This agreement modifies: Order Number 2774-05 Civil Docket No. 147108326 Order Number 00726 S 2006 Docket No. 399108542 Defendant/Petitioner AND NOW, I L day ofd, 2007, the Plaintiff and Defendant do voluntarily agree to modify the Order of Court, prepared August 23, 2006 (Order Number 00726 S 2006). Said Order is to be modified as follows: and Order 2774-05 Civil 1. Child support of $557.00 per month is hereb -terminated. 2. Alimony pendent lite agreed in said, rder Me $433.00 per month is hereby modified to $850.00 per month. The modified payment schedule will continue in the 26 payments per year format as previously directed and commence ASAP. Nothing in this agreement shall be construed as a modification of the existing agreement to share 50/ 50 custody of the single child, Taylor Richard Stein, 16 YOA. Consented: R' hard A. Stein, Plaint' f Date Dianne B. Stein Defendant D e AP-4 I HEREBY CERTIFY that on this V- day of1bf"eh 2007, before me, an officer duly authorized to administer oaths and take acknowledgements, appeared Richard A. Stein and Dianne B. Stein, known to me to be the persons described in and who executed the foregoing instrument, who acknowledged this document and executed the same, that they are personally known to me. Witness my hand and official seal in the County of Cumberland and the State of Pennsylvania. Public Deborah L SWNWftsr? Pd* Cemp Hip Bop, CurerlandY UYOMW "M EXPIMs JUM 18, 2010 ?U f - ;rya =? co RICHARD A. STEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-2774 CIVIL TERM DIANNE B. STEIN, IN DIVORCE Defendant/Petitioner PACSES Case Number 147108326 ORDER OF COURT AND NOW, this 8th day of April, 2007, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $ n/a and Respondent's monthly net income/earning capacity is $ n/a, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $850.00 per month payable as follows: $850.00 per month for alimony pendente lite and $0.00 per month on arrears. First payment due: next modified wage attachment. Arrears set at $819.01 as of April 8, 2007. The effective date of the order is April 8, 2007. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Dianne B. Stein. Payments must be made by check or money order. All checks and money orders must be made payable io PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for each spouse. Unreimbursed medical expenses of the oblige that exceeds $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by Respondent and 100% by Petitioner. (X) Respondent () Petitioner () Neither party to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the (X) Respondent () Petitioner shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of. 1) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order is based upon an agreement of the parties dated April 12, 2007. The effective date of April 8, 2007 is to keep the effective date synchronized with the prior effective date of September 8, 2006, excluding any conversion changes made by PACSES. This Order shall become final twenty days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney BY THE COURT, ;5?,- * 1,4 Kevin Yfless, J. Mailed copies on: April 18, 2007 to: Petitioner Respondent Samuel L. Andes, Esq. John J. Connelly, Jr., Esq. DRO: R.J. Shadday ?? i ?? r '? i _ r'. _. .3 ---r a :? r T ? ? ? ("_'` ..?. ??? ,-:? i ?? = 3 " ' ? { :? G-> ?, .r RICHARD A. STEIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No.2005-2774 DIANNE B. STEIN, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Richard A. Stein, Plaintiff, moves the court to appoint a Master with respect to the following claims: (x) Divorce () Annulment (x) Alimony ( ) Alimony Pendente Lite (x) Distribution of Property ( ) Support (x) Counsel Fees (x) Costs and Expenses and in support of the motion states: (1) Discovery is substantially completed as to the claim(s) for which the appointment of a master is requested. Plaintiff has fully complied with all of Defendant's discovery requests. It is anticipated that updated and current statements as to Defendant's financial accounts will be necessary. It is believed that the completion of any outstanding discovery will be finalized in advance of a Master's Hearing. (2) The Defendant has appeared in the action through his attorney, Samuel L. Andes, Esquire. (3) The statutory ground(s) for divorce are: § 3301 (c) (4) Check the applicable paragraph(s): O The action is not contested. () An agreement has been reached with respect to the following claims: (x) The action is contested with respect to the following claims: Equitable Distribution, Alimony, Counsel Fees, Costs and Expenses. a. (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. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: ti-o-U 1 By: c)nn ly, Jr. I.D 15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff v RICHARD A. STEIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No.2005-2774 DIANNE B. STEIN, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, attorney for the Plaintiff, Richard A. Stein, hereby certify that I have served a copy of the foregoing Motion for Appointment of Master on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043-0168 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: I-1 q-09 By: @?' o . Co lly, Jr. . . #15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff C) r•3 c:3 z CD ?c:" .r RICHARD A. STEIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.2005-2774 DIANNE B. STEIN, CIVIL ACTION -LAW Defendant IN DIVORCE INVENTORY OF RICHARD A. STEIN 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 unsworn falsification to authorities. Date: ?1 S (? r, Richard A. Stein, Plaintiff ASSETS OF PARTIES Plaintiff 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 (x) 2. Motor vehicles (x) 3. Stocks, bonds, securities and options O 4. Certificates of Deposit (x) 5. Checking accounts, cash (x) 6. Savings accounts, money market () 7. Contents of safe deposit boxes O 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) O 10. Annuities O 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties O 14. Personal property outside the home O 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 O 17. Profit sharing plans (x) 18. Pension plans (indicate employee contribution and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts O 20. Disability payments O 21. Litigation claims (matured and unmatured) O 22. MilitaryN.A. benefits () 23. Education benefits (x) 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) (x) 26. Other - vacation timeshare 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 NAMES OF ALL OF PROPERTY OWNERS 1. 553 Meadow Croft Circle, Dianne B. Stein Mechanicsburg, PA 17055 purchased with the proceeds from the sale of the Marital Residence (5129 Kylock Road, Mechanicsburg) 2. 2004 Ford Escape Richard A. Stein 3. Ameriprise Financial Richard A. Stein and Dianne B. Stein 5. PSECU Checking Account Richard A. Stein 5. Sovereign Checking Account Dianne B. Stein 6. PSECU Savings Account Richard A. Stein 18. PSERS Retirement Richard A. Stein 19. Prudential IRA Richard A. Stein 19. Cmwlth of PA Deferred Richard A. Stein Compensation 19. PSECU IRA Dianne B. Stein 19. PSECU Account Dianne B. Stein 25. Furniture/Furnishings/Jewelry Diane B. Stein removed from Marital Residence NON-MARITAL PROPERTY 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 1. 479 Delancey Court, Mechanicsburg, PA Purchased post-separation with non-marital monies 5. Husband's PSECU Checking Account All post-separation contributions 6. Husband's PSECU Savings Account All post-separation contributions 18. Husband's PSERS Retirement All pre-marital and post- separation contributions 19. Husband's Prudential IRA All pre-marital and post- separation contributions 19. Husband's Cmwlth of PA Deferred Compensation All pre-marital and post- separation contributions PROPERTY TRANSFERRED ITEM NUMBER DESCRIPTION DATE OF TRANSFER CONSIDERATION TRANSFEREE 26. Kissimmee, FL vacation timeshare Sold 1/29/07 $8,900 50% Richard A. Stein 50% Diane B. Stein LIABILITIES ITEM NUMBER DESCRIPTION CREDITORS DEBTORS 1. 479 Delancey Court, Mechanicsburg, PA Bank of America & Wells Fargo Richard A. Stein 2. 1997 Mercedes Benz PSECU Richard A. Stein 24. PSECU Personal Loan PSECU Richard A. Stein : ` i ; 17 77 -TI RICHARD A. STEIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No.2005-2774 DIANNE B. STEIN, CIVIL ACTION -LAW Defendant IN DIVORCE INCOME STATEMENT OF PLAINTIFF, RICHARD A. STEIN I, Richard A. Stein, Plaintiff, verify that the statements made in this Income and Expense Statement 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. Date: / hs- o Richard A. Stein, Plaintiff INCOME Employer: Address: Type of Work: Payroll Number: Pennsylvania State Police 1800 Elmerton Ave. Hbg., PA 17110 Law Enforcement 00054899 Pay Period (weekly, biweekly, etc.): biweekly Gross Pay per Pay Period: $4,564.00 Itemized Payroll Deductions: Federal Withholding $915.90 FICA Local Wage Tax $77.59 State Income Tax $140.11 Mandatory Retirement $228.20 Union Dues $34.23 Health Insurance Other (specify) - unemployment tax $4.11 Deferred compensation $50.00 PSTA PAC $5.00 Net Pay per Pay Period: $3,108.86 OTHER INCOME: NONE Interest Dividends Pension Distributions Annuity Social Security Rents Royalties Unemployment Comp. Workers Comp. Employer Fringe Benefits Other WEEK MONTH YEAR (Fill in appropriate column) $ S S TOTAL $ $ $ TOTAL INCOME $ $ $ PROPERTY OWNED Ownership Description Value H W Checking accounts PSECU $ 500 _x_ Savings accounts PSECU $2500 _x_ Credit Union PSECU $ x _x_ Stocks/bonds Ameriprise $9,623.79 Real estate 479 Delancey Court recently Mechanicsburg, PA purchased _x_ Other PSERS Retirement $111,000 est. Deferred comp $ 81,894.28 _x_ Prudential IRA $ 38,256.96 Total $ J _x_ INSURANCE Coverage Company Policy No. H W J Hospital Blue Cross Other Highmark PPO Blue FPR103100354001 x Medical Blue Shield Other Health/Accident Disability Income Dental PPPO Blue same as above Other Express Scripts 183443045 _x_ SUPPLEMENTAL INCOME STATEMENT (a) This form is to be filled out by a person (check one): N/A (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, professional, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business Address and Telephone Number: (d) Nature of business (check one): (1) partnership (2) joint venture (3) profession (4) closed corporation (5) other (e) Name of accountant, controller or other person in charge of financial records: (f) Annual income from business: (1) How often is income received? (2) Gross income per pay period: _ (3) Net income per pay period: (4) Specified deductions, if any: RICHARD A. STEIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.2005-2774 DIANNE B. STEIN, CIVIL ACTION -LAW Defendant IN DIVORCE EXPENSE STATEMENT OF PLAINTIFF, RICHARD A. STEIN I, Richard A. Stein, Plaintiff, verify that the statements made in this Expense Statement 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. Date: chard A. Stein, Plaintiff Monthly Monthly Monthly Total Children Parent EXPENSES Home Mortgage or Rent 1194.28 Maintenance/Condo Association Fee 216.00 Lawn Care 2nd Mortgage UTILITIES Electric 125.00 Gas Oil Telephone Cell Phone (including son's phone) 170.00 Water 24.00 Sewer 68.00 Cable TV 140.00 Internet 40.00 Trash/Recycling 15.00 TAXES Real Estate 153.75 Personal Property INSURANCE Homeowners/Renters 14.45 Automobile 181.42 Life Accident/Disability Excess Coverage Long-Term Care AUTOMOBILE Loan Payments 453.22 Fuel 260.00 Repairs 150.00 Memberships MEDICAL Medical Insurance Doctor 15.00 Dentist Hospital Medication 30.00 Counseling/Therapy 50.00 Orthodontist Real Estate Special Needs (glasses, etc.) 10.00 EDUCATION Tuition Tutoring Lessons Other - school related expenses/lunches 150.00 PERSONAL Debt Service 80.00 Clothing 200.00 Groceries 900.00 Haircare 30.00 Memberships/gym 53.00 MISCELLANEOUS Child Care Household Help Summer Camp Papers/Books/Magazines 10.00 Entertainment 300.00 Pet Expenses 10.00 Vacations 250.00 Gifts 240.00 Legal Fees/Prof. Fees 500.00 Charitable contributions 25.00 Children's Parties Children's Allowances 80.00 Other Child Support Alimony payments 850.00 TOTAL MONTHLY EXPENSES $75,188.12 ?? r--, ;_ -- ?:?.a -?-t _ '? ..,.?. -i --?, . ..w_ --?- _,,,, N ??-, ;' - t ? _? ?. .5 ?ni 1 3 ? `3 s . ? ?r.# NOW 21207 Pi 4 RICHARD A. STEIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No.2005-2774 DIANNE B. STEIN, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER APPOINTING MASTER AND NOW,"- y??r , 2007, E. Robert Elicker, Esquire is appointed Master with respect to the following claims: equitable distribution, alimony, counsel fees, costs and expenses. Djs?tribution: ohn J. Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033, (717) 533-3280 (phone); (717) 533-7771 (fax); jjc w'sdc.com (e-mail); Attorney for Plaintiff Xamuel L. Andes, Esquire, 525 North Twelfth Street, P.O. Box 168, Lemoyne, PA 17043-0168; (717) 761-5361 (phone); (717) 561-1435 (fax); lawandesL?aol.com (e-mail), Attorney for Defendant E. Robert Elicker, III, Esquire, Cumberland County Divorce Master, 9 North Hanover Street, Carlisle, PA 17013; (717) 240-6535 (phone); (717) 240-7890 (fax) tr r c? -? co ; - C\j ? ;.?. CD cl-I John J. Connelly, Jr., Esquire PA I.D. No. 15615 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 Attorney for Plaintiff RICHARD A. STEIN, Plaintiff V. DIANNE B. STEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No.2005-2774 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT Date of Marriage: November 16, 1985 Date of Separation: May 26, 2005 Divorce Complaint filing date: May 26, 2005 Richard A. Stein is 54 years of age, having been born on December 18, 1953. Dianne B. Stein is 46 years of age, having been born on September 13, 1961. 1. ASSETS A. Marital Property 1. See attached spreadsheet marked Exhibit "A". B. Non-marital Property of Husband Current Reason for Value Exclusion 1. 479 Delancey Court unknown Real Estate purchased Mechanicsburg, Pennsylvania post separation through 100% financing and therefore, no marital monies were used. 2. PSECU Checking and $39581.95 Post separation Savings Accounts (6/12/08) contributions with non-marital monies. C. 3. PSERS Retirement $903,913.00 This retirement plan (present value) was acquired by Husband prior to the parties' marriage and therefore all pre-marital and post-separation contributions and the earnings therefrom are non-marital. 4. Prudential IRA $35,378.13 This account was acquired (6/11/08) by Husband prior to the parties' marriage and therefore all pre-marital and post- separation contributions and the earnings there from are non-marital. 5. Commonwealth of PA $73,486.07 This account was acquired Deferred Compensation by Husband by a pre-marital retirement account with PSECU parties' marriage and therefore all pre-marital and post-separation contributions and the earnings therefrom are non-marital. Non-marital Property of Wife To be provided by Wife. 2. EXPERT WITNESSES Husband knows of no expert witnesses at this time. However, Husband retains the right to supplement this response should such become available. Husband may need to call upon an actuarial expert regarding the value of his PSERS retirement and value of accumulated leave through his employer. Reasonable notice of same will be provided by Husband to Wife. Husband may also need to call real estate and/or personalty appraisers concerning Wife's current residence, which she purchased using 100% of the parties' proceeds from the sale of the marital residence, and the parties' personalty from the martial residence, should the parties be unable to reach a stipulated value. 3. NON-EXPERT WITNESSES Husband knows of no non-expert witnesses, other than the parties. However, Husband reserves the right to supplement this answer should such become available. 4. EXHIBITS To be set forth prior to hearing, which shall include documentation of all the asset and debt values as set forth on Exhibit "A" and paragraph 10 herein and additional documents to be obtained through finalization of discovery. 5. NET INCOME A. Plainti"usband - Husband is employed as an Officer with the Pennsylvania State Police, where he has been employed for the past 25 years. According to Husband's 2007 W-2, he earned an annual gross salary of $108,994.17. B. Defendant/Wife - Wife is an Aesthetician for ENT Facial Plastic Surgery, where she has been employed for approximately the past four (4) years. In 2006, Wife earned an annual gross salary of approximately $52,233.00. Pursuant to the Support Order dated April 8, 2007, Husband pays Wife $850.00 per month as alimony pendente lite. Beginning August 2005, Husband paid voluntary support to Wife in the amount of $1,000.00 per month until modified by the Court per the Order dated August 23, 2006 which reduced Husband's support obligation to $557.00 per month. 6. EXPENSES A. Plaintiff/Husband - Husband has filed an Income and Expense Statement. A copy of which is attached hereto as Exhibit "B". B. Defendant/Wife - Wife has raised a claim for alimony, counsel fees and expenses, but has not filed an Income and Expense Statement. 7. PENSIONS/RETIREMENT A. Plaintiff/Husband - Husband maintains his PSERS retirement and deferred compensation through the Pennsylvania State Police. Husband also maintains a Prudential IRA. Husband's retirement accounts are referred on Exhibit "A". B. Defendant/Wife - Wife has an IRA through PSECU, in an unknown present amount, which is reflected on Exhibit "A". 8. COUNSEL FEES Wife has raised a claim for counsel fees; however, since April 8, 2007, Husband has been paying to Wife alimony pendente lite in the amount of $850.00 per month. As of the filing of Husband's Pre-trial Statement, Wife has not filed her Inventory or Income and Expense Statements. 9. PERSONAL PROPERTY DISPUTE Husband believes that the parties have reached an agreement with regarding to the disposition and value of the personal property. 10. MARITAL DEBTS None 11. PROPOSED RESOLUTION It is proposed that the marital assets be divided with 50% to Husband and 50% to Wife, with no award of alimony, counsel fees, costs and expense to Wife. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 0 -0 g By: onn y, Jr. I.D. 05615 Pte. Box-M Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff I Q 3 eti 7(:z v W W o d ? N r ? * r C co N V C6 C6 a? O LO a; LO M O' 0 p co N ?. co . M m ? t0 L N r- o C6 1-: T- 69- D '0w ?LL V/ di ? e- t?0 O ? m r rn O a) V C U c o U W $ o U a? U) W rn `L ° rn > Q O 4.:. Q U c- L w 3 a rn > U) 0 U N . + Q. V G 0) cu m (n (n N ° v- Lo? = cca ?Q ?i4 W ? O N CD O E N m C 0 ? LL C t0 ' O 60 N a N c O N c 1 U r c N *r o c 0 m a? c N CL 07 4) N Q cc m 0 a? t0 M a? rn 3 0 co V coin ig p O t0 4 O TS C C 3 d U Efl U W i 7 t6 C L V p CO 0- Ch to ?= 111 ? 4 W 4 L I ? 611, T" c? 100 d N d N c ? I N •c y V O O N C O N N "X N 'jG 07 G T3 Q co co T N C C d a? 3 ? ? W c a. T V W a ' CL 3 is c ro- , 9 ? 2 i O ? C r? _--- o N W a I I W m ? ll- ? 't3 a? N ? ? V ?p N -p 47 n' lip d 7 io N U C fC C1 U L N .0 ` ? U v o C W U 3 0 Q? M u in ry co , a J L U Cl) 6 y i 0 ? 0 t C ? O O Z Q ° o L C 73 R N p o m , m CL c Q _ w a? > U > co C O L6 m m 0 0 CD O a T Go L 0) N ?- X ui C co ? I C O (0 ? N y E a E N W Q- aoi N N O J a 0 0 o I M O M N m LII a RICHARD A. STEIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA. V. : No.2005-2774 DIANNE B. STEIN, CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney JAMES, SMITH, DIETTERICK & CONNELLY, LLP for the Plaintiff, Richard A. Stein, hereby certify that I have served a copy of Plaintiff s Pre-trial Statement on the following on the date and in the manner indicated below: VIA E-MAIL (717) 761-1435 AND VIA U.S. MAIL. FIRST CLASS. PRE-PAID Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Dated: & -vii U - U? By: VIA U.S. MAIL. FIRST CLASS, PRE-PAID E. Robert Elicker, III, Esquire 9 North Hanover Street Carlisle, PA 17013 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Cdr ?? ?: ?' .-? u. .. c ,. ? -,'? ?,-i ?= :??- 'S' t W ' 7 t? ? .. w4] ? . 1. ail ?i ,?;;. k- In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RICHARD A. STEIN ) Docket Number 05-2774 CIVIL Plaintiff /Pet it ioner ) vs. ) PACSES Case Number 147108326 DIANNE B. STEIN ) Defendant /Responcl.,nt ) Other State ID Number PETITION FOR MODIFICATION OF AN EXISTING. APL _ ORDER 1. The petition of RICHARD A. STEIN respectfully represents that on APRIL 17, 2007 , an Order of Court was entered for DIANNE B. STEIN A true and correct copy of the order is attached to this petition. Service Type M Form OM-501 Worker ID 21203 STEIN V. STEIN PACSES Case Number: 147108326 2. Petitioner is entitled to 0 increase decrease 0 termination 0 reinstatement X other of this Order because of the following material and substantial change(s) in circumstance: /?/i? /"/ WHEREFORE, Petitioner requests that the Court modify the existing order for support. Petitioner Attorney for Petitioner 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. ?/?/9- Date Petitioner Page 2 of 2 Form OM-501 Service Type M Worker ID 21203 n o O c? CAI> -n e?; - m -rn W RICHARD A. STEIN, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-2774 CIVIL TERM DIANNE B. STEIN, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 147108326 ORDER OF COURT AND NOW, this 8th day of August, 2008, a petition has been filed against you, Dianne B. Stein, to modify 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 September 11, 2008 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, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Samuel L. Andes, Esq. John J. Connelly, Jr., Esq. Date of Order: August 8, 2008 Sha ay, C fe nce O icer 11 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRFISE T 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 cc361 C n3 - 00 ... 9:13 isi T:: _ } G? RICHARD A. STEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-2774 CIVIL TERM DIANE B. STEIN, IN DIVORCE Defendant/Petitioner PACSES CASE: 147108326 ORDER OF COURT AND NOW to wit, this 17th day of September 2008, it is hereby Ordered that the Order for Alimony Pendente Lite dated September 11, 2008 is amended in part. The Petitioner will be responsible for 48% of any unreimbursed medical expenses for the parties' son that exceed $250.00 per calendar year and the Respondent will be responsible for 52% of any unreimbursed medical expenses for the parties' son that exceed $250.00 per calendar year. The remainder of the September 11, 2008 order stands in its entirety. BY THE COURT: /* xw? / -'S? K? A. Hess, J. DRO: R.J. Shadday xc: Petitioner Respondent John J. Connelly, Jr., Esq. Samuel L. Andes, Esq. Form OE-001 Service Type: M Worker: 21005 t C ,, f7 t .' co ? T 'L1 U1? R - vs. ac, In the Court of Common Pleas of Cumberland County, Pennsylvania No. 0, 5- 2714- Civil. 39-'' To Prothonotary ttorne? for44? No. Term, 19 vs. PRAECIPE Filed 19 Atty. 0 : r { WV 11330 OOOZ RICHARD A. STEIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.2005-2774 DIANNE B. STEIN, 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 May 26, 2005. 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 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. i Lam/ ' Date: O 'K 1 Richard A. Stein Plaintiff ,v rrl f ?i RICHARD A. STEIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No.2005-2774 DIANNE B. STEIN, 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 May 26, 2005. 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 63301(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: C? Dianne B. Stein, Defendant ?? F D7M RICHARD A. STEIN, Plaintiff VS. DIANNE B. STEIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 2774 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this l9?' day of &&"?-, 2008, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on December 11, 2008, the date set for a Master's hearing, the agreement and stipulation having been transcribed, 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. cc: ohn J. Connelly, Jr. Attorney for Plaintiff muel L. Andes Attorney for Defendant J BY THE COURT, 1 CA' Edgar B. Bayley, P. J.? ?'. ti ? F? N ?, ?? p ?4L .,.?? ? 1 ? ?. ? RICHARD A. STEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 2774 CIVIL DIANNE B. STEIN, Defendant IN DIVORCE THE MASTER: Today is Thursday, December 11, 2008. This is the date set for a hearing in the above-captioned proceedings. Present in the hearing room are the Plaintiff, Richard A. Stein, and his counsel John J. Connelly, Jr. and his associate, Kristine Brann. Also present is the Defendant, Dianne B. Stein, and her counsel Samuel L. Andes. This action was commenced by the filing of a complaint in divorce on May 26, 2005. The complaint raised grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided today with affidavits of consent and waivers of notice of intention to request entry of divorce decree signed by both parties. The affidavits and waivers will be filed with the Prothonotary by the Master's office. The divorce, can therefore, conclude under Section 3301(c) of the Domestic Relations Code. The complaint also raised a claim on behalf of the Plaintiff for equitable distribution. 1 On June 1, 2006, the Defendant, wife, filed a petition for economic relief raising claims of equitable distribution, alimony, alimony pendente lite and counsel fees and expenses. The Master has been advised that after negotiations today and previously, the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, when the parties leave the hearing room today they are bound by the terms of the agreement even though there is no subsequent signing of the agreement affirming the terms of settlement. The parties and counsel are going to return later this morning to review the draft of the agreement for typographical errors, make corrections, if necessary, and then affix their signatures affirming the terms of settlement as stated on the record. Upon receipt by Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. 2 Y The parties were married on November 16, 1985, and are using as the date of separation the date of the filing of the divorce complaint, which was May 26, 2005. They are the natural parents of one child, who is currently emancipated but is, however, residing with father. Mr. Andes. MR. ANDES: The parties have agreed to resolve the economic issues in this case as follows: 1. Wife has retained the cash proceeds from the sale of the marital residence and used that to purchase a home in her own name. Husband waives any claim to those proceeds or the home purchased with that. Following separation, husband purchased a home in his name and wife waives any claim to that and recognizes it as non-marital property. 2. Husband is employed by the Pennsylvania State Police and as a result of that has an account within the Commonwealth's Deferred Compensation Plan. Wife waives any claim to that and confirms it to be husband's separate property. 3. Also as a result of his employment by the Pennsylvania State Police, husband has accrued and did accrue at the time of separation certain sick and other leave benefits. The parties have considered the value of those benefits and wife waives any claim to those and confirms them to be husband's separate property. 4. At the time of separation, each of the parties owned a motor vehicle. Husband subsequently sold his vehicle and wife's vehicle was subsequently destroyed in an automobile collision. Each of the parties shall retain the proceeds of the sale or insurance payment for the vehicle and waives any claim to the cash proceeds of the vehicle retained by the other party. 5. Husband has an individual retirement account with Pruco Investments and wife has an individual retirement account with PSECU. The parties agree that husband shall transfer 3 i from his IRA to wife's IRA assets having a value, as of today, with that value being adjusted for investment activity or results after today's date until the date of the transfer, of $14,000.00. The parties will cooperate to complete that transfer as promptly as possible after today. Once the transfer has been made, each party waives any interest in or claim to the individual retirement account held by the other. 6. The parties have previously divided their household furnishings, jewelry, tools and equipment and other items of tangible personal property. Each of the parties waives any claims to those items currently in the possession of the other and confirms those items to belong to the party in whose possession they rest today. 7. Husband shall pay wife, distribution of the marital today. as part of equitable assets, the sum of $4,000.00 8. The parties are parties to a proceeding before the Domestic Relations Office of this county which requires husband to pay wife alimony pendente lite after an offset for child support for their child Taylor. The parties agree that they shall terminate, effective December 15, 2008, that order. Wife shall notify the Domestic Relations Office today of that termination and both parties will then notify the Domestic Relations Office through their attorney, that that order should be terminated and that neither party shall make or claim child support from the other. Both parties acknowledge and stipulate that Taylor is emancipated and agree not to seek child support from the other party. 9. As a result of his employment by the Pennsylvania State Police, husband is a participant in the Pennsylvania State Employees' Retirement System in which he has earned substantial benefits during the marriage. The parties have exchanged extensive information about those benefits and have each received information and clarification from ion Cramer of Conrad Seigel Associates regarding those benefits. The parties agree to divide and distribute those benefits as follows: a) Wife shall be entitled to $34,032.00 of the contributions made by husband to the account, plus interest or investment results on that balance since 31 May 2005. Husband shall withdraw his contributions at the time of his retirement and SERS shall pay wife that sum at the time they pay his contributions back to husband. 4 b) Husband's annuity benefit within SERS shall be divided using a coverture fraction, the numerator of which shall be 19.52 years and the denominator of which shall be the total number of years of service or employment of husband by the Pennsylvania State Police, with the result multiplied by a percentage calculated to take into effect the social security offset, which the parties agree to be 43.950. Both parties shall execute any and all documents required for wife to elect the survivor benefit on husband's annuity on the condition that the cost of such benefit or the reduction in the annuity will come from wife's portion of the annuity payment after division in accordance with this subparagraph. c) Husband shall elect a death benefit in favor of wife which shall continue until such time as he retires in an amount sufficient to provide full payment to wife of all her benefits awarded to her under this paragraph and the Domestic Relations Order to be entered in the divorce action in accordance with this paragraph. The parties agree that the specific terms of this paragraph shall be reduced to a Domestic Relations Order which shall be prepared by Jon Cramer of Conrad M. Seigel Associates and entered into the divorce action. Both parties agree to cooperate with Mr. Cramer to prepare, have entered, and implement such order and the parties agree to share equally the costs of his fees for those services. 10. With the exception of the above, each party waives and relinquishes any other further claim against the other for alimony, attorney fees, equitable distribution, or the costs of these proceedings. Each of the parties is fully aware of the assets involved in this case and is satisfied with the terms and provisions of this agreement and, as a result, hereby waives all further claims. 11. 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 5 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. 12. The parties have executed consents and waivers today and wish to have the divorce concluded before the end of December or prior to that time if possible. Both parties will cooperate with their counsel to have the final decree entered as promptly as possible after today. 13. In the event that either party breaches their obligations under this agreement or fails to perform anything required of them under this agreement and the other party must commence legal action or take other measures to enforce their rights hereunder, the party breaching the agreement shall be responsible to pay the reasonable attorney fees and costs incurred by the non-breaching party in enforcing his or her rights hereunder. MR. ANDES: Dianne Stein, you heard what I dicated? MS. STEIN: Yes. MR. ANDES: Did you understand it? MS. STEIN: Yes. MR. ANDES: We've been here today and we have spent a lot of time before today going over this information, are you satisfied that you understand the terms of the agreement? MS. STEIN: Yes, I am. MR. ANDES: And are you satisfied with those terms to resolve all of the claims in this case? MS. STEIN: Yes. MR. CONNELLY: Mr. Stein, we've been discussing this for last several weeks, correct? 6 MR. STEIN: At least. Yes. MR. discussing it since eleven, correct? MR. MR. that were dictated MR. MR. those terms? CONNELLY: And this morning we have been 8:00. It is now almost ten minutes of STEIN: Yes. CONNELLY: Do you understand the terms by Mr. Andes? STEIN: Yes, I do. CONNELLY: Do you agree to be bound by MR. STEIN: Yes, I do. MR. CONNELLY: Do you have any questions regarding what was dictated here today? MR. STEIN: No. THE MASTER: Thank you. 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 7 imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: jJhh ?L? Connelly, Richard A. Stein efor lai ff 14"K Ira 4Luel 4LAdes Dianne B. ein Attorney for Defendant c RICHARD A. STEIN, Plaintiff V. DIANNE B. STEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.2005-2774 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: 1. Ground for divorce: irretrievable breakdown under Section ( x ) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Upon Defendant as evidenced by the Affidavit of Service on record. 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: December 11, 2008; by Defendant: December 11, 2008. (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 pursuant to a Marital Settlement Agreement dated December 11, 2008. 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. December 11, 2008; by Defendant: December 11, 2008. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: by Plaintiff: December 12, 2008; by Defendant: December 12, 2008. JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 2 ?(? By: o J Co elly, Jr. I. #15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff rri D-3 ` C:J RICHARD A. STEIN, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-2774 CIVIL TERM DIANNE B. STEIN, IN DIVORCE Defendant/Petitioner PACSES CASE: 147108326 ORDER OF COURT AND NOW to wit, this 18th day of December 2008, it is hereby Ordered that the the Order for Alimony Pendente Lite is terminated, effective December 15, 2008, pursuant to an agreement of the parties. There is no balance due the Petitioner. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: A - ; I ?" - Kevi. Hess, J. DRO: R.J. Shadday xc: Petitioner Respondent Samuel L. Andes, Esq. James J. Connelly, Jr., Esq. Form OE-001 Service Type: M Worker: 21005 4 r -- 7 ?R RICHARD A. STEIN V. DIANNE B. STEIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2774 DIVORCE DECREE y/ 0:;1--1 3o,4 AND NOW, it is ordered and decreed that RICHARD A. STEIN DIANNE B. STEIN bonds of matrimony. , plaintiff, and , defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The attached Agreement of the parties dated December 11, 2008 is hereby incorporated, u no merged, into is Decree in Divorce. /1 - A?m d Prothonotary Attest: J. ?/ °?'? ?? ? ? ?o ? J ?? ?? ? ?%?? ???'??? r,? r ,? .: , ?? ?? _, ? +?.?:?. MAR 2 6 2a c COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Richard A. Stein CIVIL ACTION - LAW Plaintiff IN DIVORCE VS. Dianne B. Stein NO. 2005-2774 Defendant STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this _Z1_ day of -? , AV, the parties, Richard A. Stein, Plaintiff and Dianne B. Stein, Defendant, do hereby Agree and Stipulate as follows: 1. The Plaintiff, Richard A. Stein (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS") 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code") 3. Member's date of birth is December 18, 1953, and his Social Security number is 183-44- 3045. 4. The Defendant, Dianne B. Stein (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is September 13, 1961, and her Social Security number is 201-42-7116. 5. Member's last known mailing address is: 479 Delancey Court Mechanicsburg, PA 17055 6. Alternate Payee's current mailing address is: 553 Meadowcroft Circle Mechanicsburg, PA 17055 } w :;.. , DRO, Page 2 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. (a) The marital property component of Member's retirement benefit equals (1) the coverture fraction multiplied by (2) the Member's retirement benefit on the effective date of Member's retirement. (b) The coverture fraction is a fraction with a value less than or equal to one. The numerator is 19.52 years of service. The denominator is the total amount of Member's service, as defined by SERS, on the effective date of Member's retirement. (c) 43.95% of the marital property component of Member's retirement benefit is to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurred before Member's marriage to Alternate Payee or after the date of Member and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS or any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 7, after the application of the appropriate early retirement actuarial reduction factor, if any, shall be payable to Alternate Payee. Payments to Alternate Payee shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS 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 SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order DRO. Page 3 incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement and after Member files a retirement application with SERS shall be in accordance with Paragraphs 10(a), 10(b) and 10(c) as follows: (a) Member shall elect to receive, by lump sum, 100% of his accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee, or to her estate, is $34,032.00 of May 31, 2005, credited with statutory interest (currently 4% per year) from May 31, 2005, through the Member's date of retirement. (b) (i) If the Alternate Payee is living, Member shall elect a joint and survivor annuity as set forth in 71 PA.C.S. 5705(a)(4), or any succeeding statue. The Alternate Payee shall be the irrevocable survivor annuitant. The amount of the annuity shall be the equitable distribution portion (as defined in Paragraph 7) adjusted actuarially for any accumulated DRO. Page 4 deductions paid to the Alternate Payee (pursuant to Paragraph 10(a)) and, since the cost of such survivor annuity is to be paid by the Alternate Payee, further adjusted actuarially so that the amount of the survivor annuity shall equal the amount of the annuity payable to the Alternate Payee during the Member's lifetime. The intent of this option selection is to maintain levelized payments to the Alternate Payee for her life in the event of Member's death after retirement. The Alternate Payee shall receive a portion of the annuity which is payable to the Member during his lifetime, and the same amount, as a survivor annuity, if the Member predeceases the Alternate Payee after retirement. If the Alternate Payee predeceases the Member after retirement, the portion of his annuity payable to the Alternate Payee shall be paid to Alternate Payee's estate for the lifetime of the Member. (b) (ii) If the Alternate Payee is not living, the Member shall elect a maximum single life annuity based upon the equitable distribution portion (as defined in Paragraph 7) adjusted actuarially for any accumulated deductions paid to the Alternate Payee's estate (pursuant to Paragraph 10(a)). Such annuity shall be paid to the Alternate Payee's estate for the lifetime of the Member. (c) Member may choose any option with respect to the excess of his entire benefit over the portion awarded the Alternate Payee or her estate and over the accumulated deductions paid to the Member under Paragraph 10(a). Any option selected shall not reduce the amount that is to be paid to the Alternate Payee or her estate under the provisions of this Order. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death of Alternate Payee, prior to the receipt of all of her payments payable to her from SERS under this Order, then any death benefit or retirement benefit payable to the Alternate Payee by SERS shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit. 13. 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 SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as DRQ Page 5 provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. §1311, et seq. 14. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 17. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of the Court. DRO Page 6 WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. -1/ o ?yoy -? 4L PlaintifVParticipant Date ?' . !?" @a .' toftei for aintiff/ D to p t-? Defendant/Alternate Payee Date S r oq ey fo efendant/ Date Alternate Payee C\j w c i s iLJ C-4 t:J