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Home My WebLink About05-3700JOANNE HARRISON CLOUGH, P.C. Joanne Harrison Clough, P.C. 24 N. 32nd Street Camp Hill, PA 17011 717.737.5890 Attorney for Plaintiff ROBERT J.STRATCHKO, Plaintiff V. NANCY KAY STRATCHKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS - 3766 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 14MO-990-9108 JOANNE HARRISON CLOUGH, P.C. Joanne Harrison Clough, P.C. 24 N. 32" Street Camp Hill, PA 17011 717.737.5890 Attorney for Plaintiff ROBERT J. STRATCHKO, Plaintiff V. NANCY KAY STRATCHKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las pigmas sigmentes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandame. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base pars el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lists de consejeros matrimoniales esti disponible en la oficma del Prothonotary, en Is Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 JOANNE HARRISON CLOUGH, P.C. Joanne Harrison Clough, P.C. 24 N. 3Y' Street Camp Hill, PA 17011 717.737.5890 tifF Attorney for Plain ROBERT J. STRATCHKO, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS -J76C) at.ui, NANCY KAY STRATCHKO, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(Q OR (D) OF THE DIVORCE CODE 1. Plaintiff is Robert J. Stratchko, an adult individual who currently resides at 64 Millers Gap Road, Enola, Cumberland County, Pennsylvania, 17025- 2. Defendant is Nancy Kay Stratchko, an adult individual who currently resides at 64 Millers Gap Road, Enola, Cumberland County, Pennsylvania, 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 5, 1979 in Lycoming County, Pennsylvania. There was a prior action of divorce filed by Defendant wife Nancy Kay Stratchko on January 9, 1997 with the Court of Common Pleas of Cumberland County at Civil Action No., 97-139, which was subsequently discontinued by Defendant wife on or about April 3, 1997. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are no children of this marriage under the age of eighteen years. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully submitted, JOANNE HARRISON CLOUQK P.C. Dated: ? - ?q - K By: Joanne Harrison Clo4gN Esquire Attorney I.D. No. U 24 N. 32od Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorney for Plaintiff VERIFICATION I , , j T t tit 4ifereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 349o4 relating to unworn verification to authorities. DATE. 14, 9 .-? `? ? ob rt c 0 -?4 rz- r I r? S 1?' ? r C.J JOANNE HARRISON CLOUGH, P.C. By: Joanne Harrison Clough, Esquire Attorney I.D. No. 36461 24 N.32nd Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff ROBERT J. STRATCHKO, Plaintiff V. NANCY KAY STRATCHKO, Defendant :THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance to represent Plaintiff Robert J. Stratchko, in the above captioned action. Respectfully submitted, JOANNE HARRISON DATE: `"} ^ (? -(e By: Joanne Harrison Clou Attorney ID No.: 36 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 PC r? n C : ?' .-1 .? c?':.. ' rig ?. ?+ ? }' ???. ? ' C^J 1: ??-?.. i ?`' ?? r'' '11 <. G: JOANNE HARRISON CLOUGH, P.C. Joanne Harrison Clough, P.C. 24 N. 32nd Street Camp Hill, PA 17011 717.737.5890 Attorney for Plaintiff ROBERT J.STRATCHKO, Plaintiff V. NANCY KAY STRATCHKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3700 CIVIL TERM CIVIL ACTION - LAW INDIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff is Robert J. Stratchko, an adult individual who currently resides at 68 Millers Gap Road, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Nancy Kay Stratchko, an adult individual who currently resides at 68 Millers Gap Road, Enola, Cumberland County, Pennsylvania, 17025. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 12, 1979 in Lycoming County, Pennsylvania. 5. There was a prior action of divorce filed by Defendant wife Nancy Kay Stratchko on January 9, 1997 with the Court of Common Pleas of Cumberland County at Civil Action No., 97-139, which was subsequently discontinued by Defendant wife on or about April 3, 1997. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are no children of this marriage under the age of eighteen years. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully submitted, P By: Dated: ?"?_ J --G IS, Joanne Harrison Clough; Esq? it Attorney I.D. No. 24 N. 32°" Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorney for Plaintiff VERIFICATION L . faftgl TS ft verify and state that the faits set forth in the foregoing Pleading are two and correct to the best of my information, knowledge and belief I understand that false statements herein are made subject to the penalties of 19 Pa. C.S. 34904 relating to unswom veriticabon to authorities. DATE: zuele?f rt ako JOANNE HARRISON CLOUGH, P.C. Joanne Harrison Clough, P.C. 24 N. 32°d Street Camp Hill, PA 17011 717.737.5890 Attorney for Plaintiff ROBERT J, STRATCHKO, Plaintiff V. NANCY KAY STRATCHKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW INDIVORCE 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 by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request narriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-SM990.9108 JOANNE HARRISON CLOUGH, P.C. Joanne Harrison Clough, P.C. 24 N. 32e4 Street Camp Hill, PA 17011 717.737.5890 Attorney for Plaintiff ROBERT J. STRATCHKO, Plaintiff V. NANCY KAY STRATCHKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las piiginas siguientes, debar tomar acci(m con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisiGn puede tambidn set emitida en su contra por caulquier otm queja o compensaction reclanrados por el demandaute. Usted puede perder dinero, o sus propiedades o otros derechos importarues pars usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esa disponible en la oficina del Prodronc ary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. ST NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9100 r_> r 'ps' .L T r1r ts1 T W vs. In the Court of Common Pleas of Cumberland County, Pennsylvania No. ()'?- - OO Civil. ?cts` i . 0. V, I To Prothonotary 19 ,?pp V Pi. N 3 ?/ Attorney f Pla' tiff 31A St. vi 14 Term, 19 V i No. CF THE .'%, ' ,,."", ?" -0 '50 ?i 13 h 1 8:49 CU; ` ;"-N vs. a 'CIPE pp, 19 ? Atty. JOANNE HARRISON CLOUGH, P.C. Joanne Harrison Clough, P.C. 24 N. 320d Street Camp Hill, PA 17011 717.737.5890 Attorney for Plaintiff ROBERT J. STRATCHKO, Plaintiff V. NANCY KAY STRATCHKO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3700 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on October 13, 2005 I personally served a certified copy of the reinstated Divorce Complaint and a certified copy of the Reinstated Amended Divorce Complaint by personally handing said complaints to Defendant Nancy Kay Stratchko at 8:55 a.m. in Court Room Number 5, Fourth Floor, Cumberland County Courthouse. Respectfully submitted, HARRISON Dated: ko 13 _ jz?? By: Joanne Harrison Clougl{,?sgrth Attorney I.D. No. U 24 N. 32nd Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorney for Plaintiff P.C. rr -? .10 JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32°d Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff ROBERT J. STRATCHKO, Plaintiff V. NANCY KAY STRATCHKO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3700 CIVIL TERM: CIVIL ACTION - LAW IN DIVORCE JOINT STIPULATION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW, this _2,2?day of October, 2005, come the Petitioner, Robert J. Stratchko and Nancy Kay Stratchko by and through their respective counsel and file this Joint Stipulation for Exclusive Possession of Marital Residence and in support thereof aver as follows: 1. Plaintiff Robert J. Stratchko is represented by Joanne Harrison Clough, Esquire. 2. Defendant Nancy Kay Stratchko is represented by Kristopher T. Smull, Esquire of Marie P. Cognetti & Associates. 3. On or about September 28, 2005 Defendant Nancy Kay Stratchko filed a Petition for Protection From Abuse at Civil Action Number 05-5079 and a Temporary Order for Protection was issued by the Court pending a hearing which was rescheduled for October 13, 2005 and then continued on said date by the Court upon agreement of the parties. 4. Defendant Nancy Kay Stratchko shall execute a Praecipe to withdraw with prejudice the PFA filed at Action No. 05-5079 pursuant to the following agreement of the parties: (a) Robert J. Stratchko shall pay the court costs associated with withdrawing the PFA action within 90 days; and (b) An Exclusive Possession Order shall be entered in the Divorce Action granting Nancy Kay Stratchko the right to have exclusive possession of the marital residence located at 68 Millers Gap Road, Enola, Cumberland County Pennsylvania, 170:25 during the pendency of the divorce action or until further Order of Court. (c) The parties both further agree that neither party shall have direct contact with the other party and that all contact from this date forward shall be through each party's designated legal counsel. (d) Husband shall have the right to access the marital residence only after at least 49 hours Notice to Wife at a date and time specified and agreed by the parties and their respective counsel or by Order of Court. A neutral third party shall be present at. any such times that the parties agree or a Court Order permits Husband to be present at the residence. (e) The parties shall have absolutely no unmonitored contact whatsoever. (f) Husband shall have the right to remove the items of personal property set forth on Exhibit A, attached hereto on Sunday October 30, 2005 at 12 noon or at another time mutually agreed by the parties through their attorneys. The parties specifically agree the Husband's removal of these items from the marital residence is without prejudice to either party's rights in equitable distribution in the divorce action. (g) Husband shall return the garage door openers and the house keys to Wife when he is finished removing his personal property. Wife shall return any duplicate truck keys of Husband's that she may have. (h) Husband agrees he shall not hunt on the marital real property during the pendency of the divorce action and further agrees not to hunt in the area of the Mechanicsburg Sportsman's Club which is between the marital home and the roads leading to the rifle range and leading to and around the pond which is located on the sportsman's club land. 5. The parties and their respective divorce counsel have agreed to file this Joint Stipulation requesting the Court issue an Order granting Nancy Kay Stratchko exclusive possession of the marital residence located at 68 Millers Gap Road, Enola, Cumberland County, Pennsylvania. 6. The parties further agree this Exclusive Possession Order shall remain in effect until further Order of Court. 7. In the event either party breaches any provision of the Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the non-breaching party in protecting and enforcing his or her rights under this agreement. WHERFORE the parties and their respective counsel each set forth their signatures here below intending to be legally bound. a cy WUratc_ o FROM :JOANNE HARRISON CLOUGH,P l Attachment A: FAX NO. :7177375892 Oct. 20 2005 01:46PM P5 Items immediately needed. by Mr. Robert J. Stratchko to be removed from 68 Millers Gap Road: Sonoma Yamaha Golf Cart Basement Computer Cabinet, computer hardware, accessories anal software. Basement filing cabinet containing computer software. Basement TV cabinet, TV, VCR, DVn Hunting cabinet and hunting clothes, boots Gun Cabinet and contents, fishing poles, arrows Gum safe and contents Prints and game news books Small tiling cabinet and contents Winchester clock 't'read mill Deer processing equipment Cases of Beer Bottle ofDrambui Dart boards Utility trailer Tool cabinets, tools, saws Some camping equipment Wood shelves for cabinet .Cooltoo clock Government owned computer equipment Gotta love it cooler Nanny's rocking chair Personal Toiletry items, hair dye, after shave Clothes and shoes Tahoe tires and wheels Bicycle Cell phones Car Batteries Outdoor water pumps and bell Deer weather vane Castbell collection- bell ?? 6. e?wwPy Sit-up bench Bathroom scale in garage Kids xmas presents Walkie talkies Mail i?@P.f ss?w ? Dc?X` ?,'FOI.tL.f P,^ A 6.11 ? ba?K dc?k . ?'f. ' l7 M 21 _ fit cn NOV 01 2005 f ROBERT J. STRATCHKO, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vi. NO. 05-3700 CIVIL TERM NANCY KAY STRATCHKO, : CIVIL ACTION -LAW Defendant : IN DIVORCE ORDER FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW, this ?'4 day of 6ttebCr, 2005, upon review of the attached Petition For Exclusive Possession of the Marital Residence and upon review of the attached Joint Stipulation for Exclusive Possession of the Marital Residence, if is hereby ORDERED and DECREED that Nancy Kay Stratchko shall have exclusive possession of the marital residence located at 68 Millers Gap Road, Enola, Cumberland County, Pennsylvania pursuant to the terms of the attached Joint Stipulation until further Order of Court. The Joint Stipulation for Exclusive Possession of Marital Residence attached hereto is made part of this Order of Court. 10 : I I WV Z- AON 5007 ROBERT J. STRATCHKO Plaintiff V. NANCY KAY STRATCHKO Defendant AND NOW this : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3700 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE ORDER OF COURT day of 2006, upon review of the attached Motion to Compel and/or for Sanctions, and after hearing thereon, it is hereby ORDERED and DECREED as follows: A. Defendant Nancy Kay Stratchko is in contempt of court for failure to respond to Plaintiffs Interrogatories in violation of Pa.R.C.P. 4006 (a) (2) et seq.; B. Defendant is specifically ORDERED to provide full and complete answers to Interrogatories and responses to Requests for Production of Documents within 15 days of the date of this ORDER; C. In the event Defendant fails to respond to the outstanding discovery in 15 days of the date of this ORDER, Defendant Nancy Kay Stratchko, she shall be prohibited from introducing any testimony or documentary evidence relating to claims for equitable distribution of marital property, alimony, alimony pendente lite, counsel fees, costs and expenses in the within matter at the Masters Hearing or any other proceedings in this Divorce action; and D. Defendant Nancy Kay Stratchko is ORDERED to pay Plaintiff s counsel fees, incurred as a result of her failure to comply with the Rules of Civil Procedure governing responses to discovery requests within 30 days, in the amount of $ 500.00 plus any other legal fees incurred after the preparation of this Motion as a result of Defendant's continued failure to timely reply to said discovery. BY THE COURT: J. ROBERT J. STRATCHKO : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3700 CIVIL TERM NANCY KAY STRATCHKO : CIVIL ACTION -LAW Defendant : IN DIVORCE MOTION TO COMPEL ANSWERS TO DISCOVERY AND MOTION FOR SANCTIONS AND NOW, this day of Ocotber, 2006 comes Plaintiff, Robert J Stratchko, by and through his Attorney, Joanne Harrison Clough, Esquire, and moves this Honorable Court as follows: 1. On July 21, 2005, Plaintiff filed a Complaint in Divorce. 2. On August 25, 20055 Plaintiff filed an Amended Complaint for divorce, including claim for equitable distribution, alimony, alimony pendente lite, counsel fees, and costs. 3. On February 8, 2006, counsel for the Plaintiff served Interrogatories by mail, sent to Plaintiff's counsel Kristopher Smull, Esquire. A true and correct copy of said transmittal letter, Interrogatories are attached here to as Exhibit "A" and "B" respectively. 4. Although more than 210 days have passed since the service of the aforesaid Interrogatories, Defendant has failed to provide her answers to Interrogatories, in violation of Pa.R.C.P. 4006(a)(2) and 4009.12(a). 5. Plaintiffs counsel spoke to Defendant's counsel on several occasions indicating that she needed to receive the Defendant's discovery responses. 6. More than 210 days have elapsed since service of the aforesaid Interrogatories and Defendant has still failed to provide her answers to Interrogatories, no extension of time has been granted by Plaintiff's Counsel. 7. Plaintiff seeks the entry of an Order imposing sanctions on Defendant pursuant to Pa.R.C.P. 4019, in the proposed form attached hereto. 8. Plaintiff has been caused to incur otherwise unnecessary counsel fees in the preparation and service the within Motion to Compel/ for Sanctions and hearing thereon in excess of $500.00. Defendant should be held responsible, pursuant to Pa.R.C.P. 4019(8) for Plaintiff s fees and expenses. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order: A. Directing Defendant to provide full and complete answers to Interrogatories within 15 days; B. Directing that in.the event Defendant fails to respond to the outstanding discovery in 15 days, she shall be prohibited from introducing any testimony or documentary evidence relating to claims for equitable distribution of marital property, alimony, alimony pendent elite, counsel fees, costs and expenses in the within matter; and C. Directing Defendant to pay Plaintiffs counsel fees, incurred as a result of her failure to comply with the Rules of Civil Procedure governing responses to discovery requests within 30 days, in the amount of $750.00 plus any other legal fees incurred after the preparation of this Motion as a result of Defendant's continued failure to timely reply to said preparation of this Motion as a result of Defendant's continued failure to timely reply to said discovery. Respectfully Joanr* Harrison Clough, Ikqu Attorney I.D. No.36461 24 N. 32nd Street Camp Hill, PA 17011 Telephone No. 717-737-5890 Attorney for Plaintiff Robert J. Stratchko JOANNE HARRISON CLOUGH, PC ATTORNEY AND COUNSELOR AT LAW 24 N: 32' STREET CAMP HILL, ?ENlk ISYLVANIA 17011 717-737-5890 TELEFAX 7- 7-737-5892 i Joanne Harrison Clouoh. Esquire Email: ihgRgdJverizon.net February 8, 2006 Kristopher T. Small, Esquire Maria Cognetti & Associates 210 Grandview Ave, Suite 102 Camp Hill, PA 17011 Re: Stratchko v. Stratchko Dear Kris: My client just noticed that the letter I :;ent to you dated February 2nd was incorrectly dated 2002 instead of 2006. I apologize' for my proof reading error. I am also enclosing a set of Intelrogatorics for answer by' your client. Although you have provided some financial information to me in i he' past, it is my understanding that Nancy has worked cleaning houses for a realtor friend of hers and also is working either for pay or as a volunteer or at some type of elderly/retiremont or nursing home. We will need income information regarding any income Nancy has gee ierated from these other sources. We also never resolved the tax status is,ue at the domestic relation conference. Would you please be so kind as to provide all; your client's W2's, .1090s, and any other income forms and other relevant tax forms to me so my client can determine what tax benefit or detriment the parties will suffer if they file joint or se?arate returns. Kris Smull February 8, 2006 Page 2 If your client insists on filing a separate income tax return and it causes my client to incur additional tax liability by filing married, filini; separately, we will seek reimbursement for increase tax liability he suffers in the divorcr, action and consider your client's behavior dissipation of potential marital assets. If the perties receive a tax refund by filing a joint tax return, my client will be willing to split the pr 3ceeds of the return with your client. Please contact me at your earliest convenience regarding this important matter. i Sincerely, ? t Joanne Harrison Clough JCH/wlb cc: Mr. Robert J. Stratchko r i i ROBERT J. STRATCHKO : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-3700 CIVIL TERM : CIVIL ACTION -LAW NANCY KAY STRATCHKO : IN DIVORCE PLAINTIFF'S FIRST SET OF INTERROGATORIES TO DEFENDANT NANCY KAY STRATCHKO TO: NANCY KAY STRATCHKO c/o Kristopher Smull, Esquire Maria Cognetti & Associates 210 Grandview Ave, Suite 102 Camp Hill, PA 17011 1. INSTRUCTIONS You are directed to submit written answers under oath to each of the following questions, pursuant to Pa. R.C.P. 4005 and 4009. You must make reasonable efforts to obtain answers to any question as to which information may be available to you. If you gain information at some later time which causes you to know that your answers were incorrect when made or have become incorrect, you must supplement the answers you give in response to these questions, as provided in Pa. R.C.P. 4006. If you gain information at some later time respecting the identity of persons about whom a question is asked, you must supplement the answers you give in response to these questions, as provided in Pa. R.C.P. 4006. Within thirty (30) days, you must return the signed original of these interrogatories to Defendants' counsel. In answering these questions, assume that all words used have their ordinary meanings in normal English usage, except as provided below or where context requires other interpretation. II. DEFINITIONS "Identify", when used in respect of a person, means to state that person's name, address, telephone number, job classification and such other information as would enable Defendants to locate the person, interview him or her, or serve a subpoena upon him or her. When used in respect of a document, the date of its making or execution, the identity of the person or persons who made or executed it, and the particular part, paragraph, or other subdivision there of which is particularly relevant to the question; also state the place where it is kept and identify the person in whose custody it may be found, with such specificity as will enable Defendants to obtain the document through the use of a subpoena. When used in respect of a communication, it means to identify the parties to the communication, that means of communication, and the date and time thereof. "Person" means any natural or juridical person, group of persons, or association. "Communication" means any transmission or exchange of information or meaning between two or more persons in any form. "Document" means any writing, recording or other material substance having on it a representation of some information, whether in the form of magnetic impulses, printing, or any other medium in which information may be preserved. III. SPECIAL INSTRUCTIONS 1. If you do not answer an interrogatory, in whole or in part, because of a claim or privilege, set forth the privilege claimed, identify the facts upon which you rely to support the claim of privilege; and identify all documents for which such privilege is claimed. In particular, if you refuse to identify a communication because of a claim of the attorney/client privilege, identify the speaker or author of the communication, the capacity in which the speaker or author was acting when he made the communication; the recipient of the communication, any persons present when the communication was made, and the subject or topics discussed in the communication. 2. Unless otherwise specified, each interrogatory requires a continuing answer. Each separate part of each interrogatory shall be separately answered. 3. Along with the answer to each numbered interrogatory, identify each person who participated in or supplied information with respect to the preparation of the response to such interrogatory, specifying whether each of such persons supplied relevant information, participated in the preparation of the response, or both. If the response to any interrogatory contains information supplied by more than one person, specify the particular information supplied by each such person. State whether he/she had first-hand information as to the matters contained in your answers, and if so, the manner in which he acquired such information, or if not, the basis for his participation or involvement. 4. As specified by the Pennsylvania Rules of Civil Procedure, you are required reasonably to supplement or amend your responses to these interrogatories based upon any and all information obtained after filing such responses. IV. SPECIAL INSTRUCTION AS TO ORAL COMMUNICATIONS AND WRITTEN COMMUNICATIONS 1. With respect to any interrogatory in which reference is made to this special instruction, set forth with regard to each oral communication the following: A. The name, company or other affiliation, title or other identifying feature of the individual who made the oral communication. B. State the name(s) of each individual to whom such oral communication was made, 3 including such description of those individuals as to enable Defendants to identify those individuals as to their affiliation, title or responsibility. C. State the date upon which such oral communication was made. D. State the place where such oral communication was made. E. State the name and identification of each individual who heard the oral communication if different or in addition to those individuals to whom such oral communication was made. F. State in detail the nature of the words communicated during such oral communication repeating the actual words used to the extent possible and, when not possible, paraphrasing those words. G. State if any individual to whom such oral communication was made, made any statements in response to said communication, and if so, identify such responses in sufficient detail by quoting the precise words used or by otherwise phrasing those words. H. State if said oral communication(s) was/were ever memorialized in any document or set forth a copy of same. 1. If response to any interrogatory refers to a written communication, set forth the following: (a) a copy of such written communication; or (b) a detailed identification of such written document, including at least the following: (i) the date of the document; (ii) the name of the parry who wrote the document; (iii) the name of the party to whom such documents were sent and the date upon which such documents were sent; 4 (iv) the date upon which such document was received by the recipient; if known; (v) a full description of the contents of the document; (vi) if any response to said document was received and, if so, identify said response in sufficient detail so as to include the same information indicated in the preceding subparts of this instruction. Respectfully submitted, JOANNE HARRISON CLOUGH, P.C. Date: By: Joanne Harrion Clough, Esqui e PA Id No. 36461 24 N. 32°d Street Camp Hill, PA 17011 717-737-5890 Attorney for Plaintiff Respectfully submitted, 5 I. GENERAL INFORMATION. 1. State the date on which you are answering these Interrogatories. 2. State your full name, present address, date of birth, where you are actually residing and social security number. Name: Present Address: Date of Birth: Present Residence: Social Security No.: 3. If you are currently separated (within the same household or otherwise) state the date of separation and manner. Date of Separation: Manner of Separation: II. REAL ESTATE. 4. As to any real estate in which you now have, or have had an interest at anytime during the past ten (10) years whether individually, jointly, or in partnership form, or in corporate form, or as trustee for any person, or as a beneficiary under any trust, or held by any one for your beneficial interest complete one of the information sheets attached hereto and identified as FORM A: (NOTE: Use one FORM "A" for each real estate interest.) Enter here the number of FORM "A's" attached: Ill. EMPLOYMENT AND INCOME. 5. State your primary occupation or profession. 6. As to each source of wage and/or salary income, complete the attached wage and salary information sheets identified as FORM B. (NOTE: Use one FORM "B" for 6 each source.) Enter here, the number of FORM "B's" attached: 7. Attach copies of your personal and business Federal and State Income Tax returns and Financial Statements for each of the immediately preceding ten (10) years, including, all schedules attached thereto. 8. State any additional jobs you perform for compensation of any kind including but not limited to cleaning houses or buildings or working at a retirement home or with the elderly or infirmed and as to each source of wage and/or salary income, complete the attached wage and salary information sheets identified as FORM B Enter here, the number of FORM "B's" attached IV. BUSINESS OR COMMERCIAL INTERESTS. 9. Complete one FORM "C" attached hereto for each corporation in which you now hold or have held within the past five (5) calendar years 5 % (see Form "C") or more of the outstanding and issued capital stock, whether common or preferred. (Note: Use one FORM "C" for each such interest.) Enter here the number of FORM "C's" attached: 10. Complete form "D" attached hereto for each partnership in which you now hold or have held within the past five (5) calendar years any interest. (NOTE: Use one FORM "D" for each such interest.) Enter here the number of Form "D's" attached: V. OTHER ASSETS. it. Identify any automobile, truck camper, mobile home, motorcycle, boat, airplane, or vehicle of any nature that you own or have an interest in and set forth: (use supplemental sheets if necessary) a. Make, model, year b. Date acquired; C. Purchase price or value at acquisition; d. Your opinion as to current fair market value ; e. How title is held; 7 f. Date, initial amount, present balance of any liens or encumbrances thereon including identity of lien holder. 12. State whether you own any furniture, household goods, jewelry, antiques, art work, furs, collections or other items of value exceeding $500.00. For each item set forth: (use supplemental sheet if necessary) a. Description; b. Date of acquisition; C. If purchased, source of funds used to purchases; d. Purchase price or value at acquisition if not purchased; e. Current fair market value; f. Present location; g. Provide copies of any appraisals; 13. Complete one FORM E attached for each banking account (checking, passbook, NOW, statement saving, certificate of deposit, saving certificate, etc.) in which you now have or within the past five (5) years have had, any interest, ownership, or power of withdrawal whatsoever, whether individual, joint, as custodian or trustee for others, or as the beneficiary of an account held by another as custodian or trustee. NOTE: IRA'S, Keogh's, or other bank retirement plans need not be mentioned here, see, question 20. (NOTE: Use one Form "E" for each account). Enter here the number of FORM "E's" attached: 14. Complete FORM "F" for any and all bonds, stocks, and other securities, mutual funds, money market funds in which you now have or within the past five (5) years have had any interest whatsoever whether individual, joint, as custodian, or trustee for others or as the beneficiary of an account held by another as custodian or trustee. (include securities even if interest or dividends thereon are exempt from taxation.) 8 15. Identify any safe deposit box which you have had or used within the past five (5) years and set forth: a. Name and location of the institution of each box or depository; b. The name or names in which it is registered; C. Date of opening and closing, of each; d. Present contents of each box or depository; e. The identity of anyone who has access; f. The date of your access in the last five (5) years. 16. State whether there is any money owing to you, including, but not limited to, judgments, notes, contract rights, loans, assignments, etc., and set forth: a. Nature and amount of each obligation and date incurred; b. Name and address of each debtor; c. Condition of payment; d. Consideration given. 17. Do you anticipate receipt of any devise bequest gifts or inheritance? If so, set forth: a. When receipt is anticipated; b. Amount to be received or receipt that is anticipated; c. Any documents in support of such bequest, devise, gift, or inheritance. 18. List all life insurance policies in which you are either the owner, insured, or beneficiary, and set forth: a. Identity Insurance company and policy number; b. Face amount; C. Type (either term or whole life); d. Identity of the owner, insured, and beneficiary and any relationship to you; e. Annual premiums and the payor; f. Present cash surrender value. 9 19. State the extent, type and location of all books, papers, records, journals, or other documents in your possession or control, which would reflect your income or assets. a. Attach a copy of each such document. 20. Complete one Form "G" for each pension or other retirement plan, IRA, Keogh, etc., in which you now participate or have participated at any time within the past five (5) years. Enter number of Form "G's" attached: VI. CREDIT. LIABILITIES. AND OBLIGATIONS. 21. For each credit card or charge account maintained by you at present or at any time within the past five (5) years, whether in your individual name or jointly with others, state: a. Identity of issuer of credit card or charge account; b. Account number; c. In whose name it is maintained; d. Date opened; 22. Set forth, in detail, any of your obligations, whether individual, joint, or joint and several, including, but not limited to, mortgages, conditional sales. security agreements, contract obligations, financing statements, promissory or judgment notes, including: a. Name and address of each creditor; b. Form of each obligation and date incurred; C. Consideration received for the obligation; d. Amount of original obligation; e. Rate of interest; f. Description of any security given; g. Present unpaid balance on the obligation. 23. Describe any and all assets with a value of $500 or more that you owned as of the date of this marriage. As to each said asset, if any, state the following: a. Description; b. Asset received and value on that date; C. Value at date of marriage; 10 d. Value at date of separation; e. Value on current date. 24. List any and all liabilities you owed as of the date of this marriage. As to each such liability, if any, state the amount of same as of your marriage date, your separation date, and the current date. 25. Identify and describe in detail each and every item of property that you contend is "marital property, subject to equitable distribution in this case, and with respect to each such property, set forth the following: a. When it was acquired; b. From whom it was acquired; C. The consideration paid; d. In whose name it was acquired, and how it is titled and/or held; e. Its separation value and its present value; 26. Itemize your average monthly living expenses in detail, including, but not limited to, rent, clothing, food, utilities, telephone, transportation and car, medical and dental, insurance of any nature, mortgage and other loan payments, taxes and other regular personal items of any nature, laundry and cleaning, transportation, education, entertainment, recreation, personal grooming expenses, alcoholic beverages, nightclub entertainment, motion pictures entertainment, out-of-town trips, tobacco products, poker, gambling (as to gambling, specify the sport or game involved), sports equipment, any other. 27. State the names, addresses and area of expertise of any and all proposed expert witnesses in this action and annex true copies of all written records rendered to you by any such proposed expert witnesses. If a report is not written, supply a summary of any oral report rendered to you. 28. If you are either asserting a claim for alimony or defending against such a claim, please state with specificity any marital misconduct that you contend your spouse has engaged in during the marriage and prior to separation. 11 REAL ESTATE INFORMATION FORM "A" INTERROGATORY #4 (NOTE: Complete one (1) Form "A" for each Real Estate Interests) 1. Address of property. 2. Type of property: (ex: condo, single family residence, unimproved lot., commercial etc). 3. Date of acquisition. 4. Name(s) in which title recorded. 5. Purchase price or value at acquisition. (i) Amount of down payment contributed by you; (ii) Amount of down payment contributed by others: Name others; 6. The value as of- (i) Date of marriage; (ii) Date of separation; (iii) The current date. 7. As to any mortgage, encumbrance or lien of any nature, provide: (i) Identity of mortgagee or holder of encumbrances; (ii) Amount of original mortgage or encumbrance; (iii) Amount of present outstanding mortgage; (iv) Original term of mortgage; (v) Remaining term of mortgage; (vi) Monthly payments. 12 8. Attach any appraisal of the property that has been made within the last five (5) years. 9. If any real estate produces rental income or other income, as to each of the last five (5) calendar years, set forth: (i) Address of property; (ii) Name and address of each person from whom rent or other income was received; (iii) Amount received from each person in each year; (iv) Portion of premises rented to each person; (v) Itemization of all expenses of maintaining that real estate in each year; (vi) Terms of any lease agreements with respect to each source of rental income. 13 FORM "N' INCOME FROM WAGES AND/OR SALARY FORM "B" INTERROGATORY 46 (NOTE: Complete one (1) Form "B" for each source of wage or salary) 1. Name and address of business or other entity from which you receive salary or wage. 2. Indicate which of the following is applicable to the source of wage or salary income identified on this form: a. self-employed b. employed by another c. partnership in which you are a partner d. sole proprietorship in which you are the sole proprietor e. professional corporation in which you are a shareholder f. closely held corporation g. other, please indicate 3. Title or capacity in which you are employed, and nature of your duties. 4. Date of your initial employment. 5. Whether you have entered into a written agreement of employment, if so, attach a copy of that agreement. 14 6. Your gross yearly, monthly or weekly income, if paid on an hourly basis state hourly rate of pay for both regular and overtime hours. 7. List all deductions from your pay including, but not limited to taxes, insurance, FICA, savings, loans. 8. Your net yearly, monthly or weekly income. 9. If you receive any travel allowance, expense account or other reimbursement for expenses from your employer, state amount received from your employer for each of the past five (5) years including the current calendar year to date. 14. Set forth any bonuses received by you from your employer in the past five (5) years indicating date and amount received. 11. If you participate in any profit sharing or other deferred compensation plan through your employment, state, as to each such plan: a. identity of plan and plan administrator; b. Portion of amounts given in 2 contributed by you and portion contributed by your employer; C. Present balance of your interest in such plan; d. Attach any brochures defining the terms and provisions of the plan(s); and e. Name of any beneficiary of such plan(s). 12. If you are a participant In any stock option or stock bonus plan. provide: a. Identity of plan and plan administrator; b. Amounts credited to your account in each of the past five (5) years; C. Portion of amounts in number 2 contributed by you and portion contributed by your employer; d. Present value of your interest in such play; 15 e. Attach any brochures defining the terms and provisions of the plan(s); 13. Check which of the following benefits are provided for you: a. health insurance for you b. health insurance for your family members c. life insurance on your life d. disability insurance or wage or business interruption insurance e. payment for occupational or professional licenses and association dues f. country club dues g. clothing allowance h. use of motor vehicle (state if business-owned or leased) i. payment of auto gas, repairs, insurance payment for travel and seminars j. medical reimbursement k. housing allowance or use of employer-owned dwelling j. other (specify): Medicare: health insurance 16 CORPORATION INTEREST INFORMATION FORM "C" INTERROGATORY #9 (NOTE: Complete one (1) Form "C" for each corporation in which you now hold or have held within the past five (5) calendar years 5% or more of the outstanding and issued capital stock whether common or preferred.) 1. State corporate name and location of business office (not P.O. Box). 2. State the nature of the corporation's business. 3. State your position with the corporation. 4. State the name and address of the chief financial officer of the corporation and the accountant of the corporation. 5. State the total number of outstanding shares owned by you at the present and the class of stock involved. 6. State what percentage of the total outstanding shares is owned by you at present. 7. State the date you acquired your initial interest, the cost and the number of shares acquired (if more than one acquisition date, set forth each acquisition date after the initial acquisition and number and cost of skates acquired). 8. State the name(s) and address(s) of the other shareholders, the officers and the Board of Directors, indicating the number of shares held by each and his or her position with the corporation (NOTE: if any of these persons are related to you please so indicate and identify the relation). 17 PARTNERSHIP INTEREST INFORMATION FORM "D" INTERROGATORY 10 (NOTE: Complete one (1) Form "D" for each partnership in which you now hold or have held within the past five (5) calendar years any interest. 1. State partnership name and location of business office (not P. 0. Box). 2. State the nature of the partnership's business. 3. State whether it is a general or limited partnership; and whether you are a general or limited partner. 4. State your percentage ownership interest. 5. Provide the name(s) and address(s) of all other partners. 6. Provide the name and address of the accountant for the partnership. 7. State the date you acquired your initial interest, the cost, the percentage ownership and state the date, cost and percentage for any subsequent acquisitions. 8. Attach a copy of the current partnership agreement and any other agreements between you and the partnership or between you and the other partners (including but not limited to employment agreements, buy-sell agreements). 18 L BANK ACCOUNT INFORMATION FORM "E" INTERROGATORY # 13 (NOTE: Complete one (1) Form "E" for each account). 1. State name of bank, title of account and account number. 2. State the type of account (checking, savings, certificate, NOW, etc). 3. State the date you opened such account or date you acquired your interest therein. 4. State the date you closed the account or otherwise ceased to have any interest therein. 5. Provide the names and addresses of any other persons who have either an ownership interest or power to withdraw funds from such account. 6. Provide account balances as of the following dates: a. Date of marriage; b. Date of separation; C. Date you answered these interrogatories. 19 SECURITIES INFORMATION SHEET FORM "F" INTERROGATORY #14 1. Identity of any securities you hold, own or possess, or that are held for you by any financial institution or other person. 2. Number of shares or principal amounts of bonds. 3. How title held and name(s) of all others in title. 4. Date of purchase. 5. Cost. 6. Value at the date of marriage. 7. Value at the date of separation. 8. Value at the date you answered these Interrogatories. 9. If you have sold any securities, what is the date of the sale. 10. What are the proceeds of the sale. 20 RETIREMENT/PENSION INFORMATION FORM "G" INTERROGATORY NO 20. (NOTE: Complete one (1) Form "G" for each pension or other retirement plan, qualified or non- qualified D(A, Keogh, etc. in which you now participate or have participated at any time from the date of marriage until the present. 1. Describe the nature of plan (-A, Keogh, Defined Benefit Plan, etc., and whether or not qualified). 2. State the balance or amount to your credit on each of the following dates, specifying employee contributions, employer contributions, and Interest: a. Date of marriage; b. Date of separation; C. Date you answered these interrogatories. 3. Provide the name and address of the bank/plan administrator or trustee. 4. State the Account number(s). 5. State the date on which you opened the account or date on which your participation in the plan commenced. 6. Identify the named beneficiary of the plan. 7. Can you take loans against or liquidate your interest in the plan? 8. Are you partially or wholly vested in your plan? If so, to what degree are you vested? When will you be fully vested? 9. Is your interest matured? If you are in pay status, what is the amount and frequency of 21 your payments? 10. Attach a copy of the plan and any account statements reflecting your interest in the plan as of the following: a. Date of marriage; b. Date of separation; C. Date of answers to these interrogatories; 11. List any withdraws, loans or transfers, contributions to or from said accounts in the last five years. 22 CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document via fax and by United States First Class Mail to the following individual set forth below: facsmilie No. 717 909 4068 Kristopher T. Small, Esquire Maria Cognetti & Associates 210 Grandview Ave, Suite 102 Camp Hill, PA 17011 Date: P?nne Harrison Clough, Esquire Attorney ID No. 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant C-'? n=' - C:? ? _ s _.D ??_ _ i?; _ ..l ? ? f mi . ? ... . l .. - ' ? ? f •. t;, , --G ROBERT J. STRATCHKO Plaintiff vs. NANCY KAY STRATCHOKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-3700 CIVIL IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER AND NOW, this day of October, 2006, the defendant is ordered and directed to respond to the plaintiff's interrogatories and request for production of documents within twenty (20) days of the date of service of this order. BY THE COURT, /anne Harrison Clough, Esquire 7 Fo he Plaintiff ristopher T. Small, Esquire or the Defendant Am ,I, .1j, : Ol ? - ? 01 .11?,o 90jaz ROBERT J. STRATCHKO : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3700 CIVIL TERM NANCY KAY STRATCHKO : CIVIL ACTION -LAW Defendant : IN DIVORCE MOTION TO SELECT REALTOR TO LIST MARITAL RESIDENCE FOR SALE AND NOW, this Wday of July, 2007 comes Plaintiff, Robert J Stratchko, by and through his Attorney, Joanne Harrison Clough, Esquire, and moves this Honorable Court to enter an Order appointing Kelly Clifford, of Jack Gaughen Realtors to list the marital residence for sale and in support thereof avers as follows: 1. Petitioner Robert J. Stratchko is represented by Joanne Harrison Clough, Esquire. 2. Respondent Nancy Stratchko is represented by Kristopher T. Smull, Esquire of Maria Cognetti and Associates. 3. Since February 2007, the parties have agreed to list the marital residence located at 68 Millers Gap Road, Enola, Cumberland County, Pennsylvania for sale but have not been able to reach an agreement regarding which realtor shall be the listing agent for the property. 4. Petitioner husband negotiated a deal with Kelly Clifford of Jack Gaughen regarding the listing of the marital property for a reduced commission rate of 5%, with the realtor providing the Online Listing and the Buyers Insurance, and do an open house at no cost to the sellers. Ms. Clifford is one of the top 50 sellers in the area and she is a member of the Presidents Club of Realtors. 5. Respondent wishes to list the property for sale with Todd F. Doyle of Glise Realtors who would charge a commission of 6% and not provide the Buyers insurance or Online listing for free. 6. The parties have not been able to reach an agreement and the residence remains unlisted. 7. The Respondent does not concur with this Motion. 8. A discovery issue in this case was previously assigned to Judge Hess. WHEREFORE, Petition Robert J. Stratchko respectfully requests this Honorable Court enter an Order directing the parties to use Kelly Clifford of Jack Gaughen as the listing agent for the sale of the marital residence or in the alternative, direct that Respondent be solely and individually responsible for the difference in costs the parties will incur if they utilize Todd F. Doyle at the higher commission rate and with the other increased sellers' costs. Respectfully Submitted: Joanne Harrison Clow Attorney I.D. No.3646U 24 N. 32nd Street Camp Hill, PA 17011 Telephone No. 717-737-5890 Attorney for Plaintiff Robert J. Stratchko CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document via fax and by United States First Class Mail to the following individual set forth below: Kristopher T. Small, Esquire Maria Cognetti & Associates 210 Grandview Ave, Suite 102 Camp Hill, PA 17011 Date: Attorney ID No. 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant C? O r r a -n y -V IT " ' ?- em E 1 s Y " ? f ? 1 f .. -T7) i- i Z' i ROBERT J. STRATCHKO : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-3700 CIVIL TERM CIVIL ACTION -LAW NANCY KAY STRATCHKO IN DIVORCE MOTION FOR APPOINTMENT OF SPECIAL MASTER Plaintiff, Robert J. Stratchko, moves the Court to appoint a Special Master with respect to the following claims: ( x ) Divorce ( x ) Equitable Distribution of Property ( ) Annulment ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses (1) Discovery is complete as to the claims for which the appointment of a master is requested as follows: Interrogatories served and answered by both parties; updated answers can be provided in time for trial (2) The Defendant has appeared in the action by her attorney, Kristopher T. Smull, Esquire. (3) The statutory grounds for divorce are irretrievable breakdown (3301 [d]) The parties have lived separate and apart for two years. (4) The action is contested with respect to the following claims: Divorce, Equitable Distribution, Alimony, Alimony Pendente Lite, and Counsel Fees, Costs, and Expenses. (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. Joanne Hammon Clough, Attorney I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for DATED: ? `I -?')I 1 CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document via fax and by United States First Class Mail to the following individual set forth below: Kristopher T. Small, Esquire Maria Cognetti & Associates 210 Grandview Ave, Suite 102 Camp Hill, PA 17011 Date: Attorney ID No. 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant -c ' C, zl ?..-' cam , : --:r? f, ROBERT J. STRATCHKO : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-3700 CIVIL TERM CIVIL ACTION -LAW NANCY KAY STRATCHKO IN DIVORCE ORDER APPOINTING SPECIAL MASTER AND NOW, this 9+A day of 2007, C.. • '110 , Esquire, is appointed Special Master with respect to the following claims: Divorce and Equitable Distribution. BY THE COURT, WICA J. r- rv - Ch- -: LIJ Q N 9j V. I/ JUL 0 6 20 )A) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ROBERT J. STRATCHKO Plaintiff NO. 05-3700 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE NANCY KAY STRATCHKO Defendant RULE TO SHOW CAUSE AND NOW this day of 5 -! , 2007, upon review of the attached Motion to Select Realtor, the Respondent Nancy Kay Stratchko is hereby directed to show cause, if any, why the marital residence located at 68 Millers Gap Road, Enola, Cumberland County, Pennsylvania, should not be listed for sale with Kelly Clifford, of Jack Gaughen Realtors, or in the alternative, if the property is listed for sale with Todd F. Doyle of Glise Realtors pursuant to Respondent's request, why Respondent should not be solely and individually liable for the additional sellers' commission and costs that will be charged over the discounted charges offered by Kelly Clifford. Rule returnable with in f° days of date of service. J. OF THIS ?li -9 ?u Li r c ! `7"? v r V MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant ROBERT J. STRATCHKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NANCY KAY STRATCHKO, Defendant : NO. 2005-3700 Civil Term CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO SELECT REALTOR TO LIST MARITAL RESIDENCE FOR SALE AND NOW, comes Defendant, Nancy Kay Stratchko, by and through her Attorney, Kristopher T. Smull, Esquire, and files the following Answer to Plaintiff's Motion to Select Realtor to list Marital Residence for Sale, and in support thereof respectfully represents as follows: 1. Admitted. 2. Admitted. 3. Admitted in part and denied in part. It is admitted that the parties have been unable to agree to list the marital residence for sale. It is denied that it has only been since February 2007. Defendant has been attempting to obtain Plaintiffs agreement to list the home since June 13, 2006, when she sent him a listing agreement through her counsel, asking him to agree to Todd F. Doyle as the listing agent. Plaintiff initially demanded that the home be listed for sale by owner and did not request another realtor until February 2007 when he responded that he would like the home listed with Kelly Clifford. 4. Admitted; however, by way of further answer, Todd F. Doyle agreed to lower his commission rate to 5%, provide an online listing and do an open house. Further, Defendant has agreed to pay for buyers' insurance herself as the expense is only approximately $400.00. In addition, Todd F. Doyle is a top 50 seller in the area, has achieved at least a top 15% "Winner's Circle" recognition every year and has twice been named Realtor of the Year with his company. A letter from the President of John Glise, Inc. listing Todd F. Doyle's qualifications is attached hereto, made a part hereof and marked Exhibit "A." 5. Denied. As stated above, Todd F. Doyle agreed to reduce his commission to 5%, will provide an online listing and do an open house. 6. Admitted; however, by way of further answer, Plaintiff has filed for the appointment of a Divorce Master and there is no emergency that requires the home to be listed immediately. The home has no mortgage and the taxes are up to date. As the parties are already set to proceed before the Divorce Master, there is no need for an Order to list the home. 7. Admitted. 8. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff's Motion. MARI P. NETTI & ASSOCIATES Date: 3C, By: KRIS HER . SM LL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant 2 VERIFICATION I, Nancy K. Stratchko, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: G NAN Y K TRATCHKO ADMINISTRATIVE AND SETTLEMENT OFFICES 3900 MARKET STREET CAMP HILL, PA. 17011 (717) 761-0404 CAMP HILL SALES OFFICE 3900 MARKET STREET CAMP HILL, PA. 17011 (717) 761-6070 FAX (717) 761-3684 HARRISBURG SALES OFFICE 4079 DERRY STREET HARRISBURG, PA. 17111 (717) 564-7900 FAX (717) 564-1340 June 6, 2007 If you are considering buying or selling real estate in the Central Pennsylvania area, we hope you will consider the services of Todd Doyle and John Glise Realtor. Our firm was founded in Camp Hill, Pennsylvania in 1973. Today, our Realtors serve Dauphin, Cumberland and Perry Counties, as well as northern portions of York County. The firm's services include relocation assistance, residential and commercial sales and rentals, farm and lot sales, appraisals, residential land development and home building, financing assistance, and home warranties. Todd Doyle is a vital, award winning member of our professional team. He has been a reliable and consistent sales leader within our company as well as the Realtor community where he has achieved at least top 15% "Winner's Circle" recognition every year. He has also twice attained Realtor of The Year honors with our company. Todd is certified as a "Relocation Specialist" through Prudential Relocation so you know he is well versed on the needs of those who are on the move. His clients consistently commend his personal service, energy, and attention to detail. Needless to say, his professionalism is a valuable asset to our company. Nationally recognized for its high level of client satisfaction, John Glise Realtor's staff is dedicated to bringing enthusiasm, knowledge, and professionalism to every transaction. Company management is proud of this commitment and pledges to continue the tradition of providing the most experienced, competent service available in Central Pennsylvania. John Glise Realtor is a member of the Greater Harrisburg Association of Realtors, Pennsylvania and National Associations of Realtors, Central Penn Multi-List, Homebuilders Association Of Metropolitan Harrisburg, and The Leading Real Estate Companies of the World, a broker network of 650 firms with 5,500 offices and 160,000 real estate professionals worldwide. Please let Todd Doyle and John Ghse Realtor bring our real estate expertise home for you. Very trul ours, C les W. ore President Dear neighbor: CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Answer to Plaintiff's Motion to Select Realtor to list Marital Residence for Sale, by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Joanne Harrison Clough, Esquire 24 North 32nd Street Camp Hill, PA 17011 MARIA P. COGNETTI & ASSOCIATES Date: By: 4" S kkiSY0PHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant N_ ` GEC 5- N rn •uoTlM aoionip Iua uno mp oI p uSai p!m sanssi lit, .iuaq oI poluToddr uaagAlsnoinazd sail jalseyq aaaoniQ aqI ste `.IOISU WaoJoni(Ioip Aq panlosa.i oq ll7ags aouopTsoi Ieiumui agllo ales ogllo onssi aqZ •QgmgQ Aqo ioq si oleS ioj aouapTsa-d lvjTm 1I Isil oI iollrag IooloS oI uolloW s 33Tluieid It'gi Qgg2iOgQ CLW 011" 1 QaHaaiIO Agaiaq sT IT `LOOZ ` ---I 'W Jo Arp j;g SRP `,LItA OZ `AkON QNH JLHfIO3 A0 2HCIHO aDxOAIQ NI AkV'I - NOI IDV TAIO UU-11 IT^TD OOL£-90OZ 'ON VlNVA-USNNad `A,LNaOD C[MV-1-daUMD Svazd NOWLIIOD dO .L"UnOD aHI NI IuEpuaJaQ `OXHO,LH2I.LS AV-X AONVN A 3PUPIId `OXHDJLV-dlS I ,LUagO-d iaaa 10 9 nn :lUnOD 21111 Ag Filt iCF " OF ?F F-Pk? t-I OTAf Y 2007 AUG -3 x'11 3: 44 0 7 ?:T ROBERT J.STRATCHKO V. NANCY KAY STRATCHKO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3700 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, this 1 lt` day of October, 2007, hereby certify that I served a copy of Plaintiff Robert Stratchko's Supplemental Responses to opposing Counsel's September 21, 2007 letter requesting additional Discovery Answers on this date by placing a copy of the same in the United states mail to the Defendant Nancy Stratchko addressed as follows: Kristopher T. Smull, Esquire Maria P. Cognetti & Associates 210 Grandview Ave, Suite 102 Camp Hill, PA 17011 Counsel for Defendant RESPECTFULLY SUBMITTED BY HARRISON CLOU Date: loj(-_-Y? Harrison Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff t'y N ca ? t:) -- t L, I ? ? ?KI••1 CD -< 00 JOANNE HARRISON CLOUGH, P.C. Joanne Harrison Clough, P.C. 3820 Market Street Camp Hill, PA 17011 717.737.5890 Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3700 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE AND NOW, comes the Plaintiff, Robert J. Stratchko, by and through his attorney, Joanne Harrison Clough, Esquire, and files this Petition for Related Claims Under Divorce Code, respectfully avers as follows: ROBERT J. STRATCHKO, Plaintiff V. NANCY KAY STRATCHKO, Defendant COUNT I-CLAIMS FOR EQUITABLE DIVISION OF MARITAL PROPERTY UNDER 3502fa1 OF THE DIVORCE CODE 1. A Divorce Complaint was filed on July 21, 2005, under Sections 3301(c) and 3301(d) of the Divorce Code. An Amended Complaint in Divorce Under Section 3301(c) or (d) of the Divorce Code was filed on August 25, 2005. 2. Plaintiff and Defendant have individually or jointly acquired property during the marriage in which they individually or jointly have legal or equitable interest, which marital property is subject to equitable distribution. WHEREFORE, Plaintiff respectfully requests this Honorable Court to determine and equitably distribute, divide or assign said marital property pursuant to 3502(a) of the Divorce Code. Respectfully submitted, JOANNE HARRISON CL 9, H, P.C. 1 - Dated: ?'-? -- By: J Joanne Harrison Clough, quire Attorney I.D. No. 3820 Market Street Camp Hill, PA 17011 Telephone No. (717) 737-5890 Attorney for Plaintiff VERIFICATION I, Robert J. Stratchko, verify that the statements made in this Complaint 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. Section 4904, relating to unworn falsification to authorities. Date: 7 F-hr- ( 4 J. 9 o ` `?' ? ,,.? 6 s?F -c3 r.? ! -? -r3 -? .-.- ? ? .? _ "? 'rim ..,I d, ,, . s ? f. =?- ; ?:. `t°? ' 1 t_., ? _ «? ? .. ,,. n MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant/Petitioner ROBERT J. STRATCHKO, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NANCY KAY STRATCHKO, Defendant/Petitioner NO. 2005-3700 Civil Term CIVIL ACTION -LAW IN DIVORCE PETITION FOR ADDITIONAL CLAIMS UNDER THE DIVORCE CODE PURSUANT TO RULE 1920.15 (b) AND NOW comes Petitioner/Defendant, Nancy Kay Stratchko, by and through her attorney, Kristopher T. Smull, Esquire, with this Petition for Additional Claims under the Divorce Code and in support thereof, respectfully represents as follows: 1. Petitioner is Nancy Kay Stratchko (hereinafter "Wife"), Defendant in the above- captioned action. 2. Respondent is Robert J. Stratchko (hereinafter "Husband"), Plaintiff in the above- captioned action. 3. On or about July 21, 2005, Husband filed a Complaint in Divorce to the above- captioned term and number which included a count for Divorce. 4. On or about August 25, 2005, Husband filed an Amended Complaint in Divorce to the above-captioned term and number. 5. On or about October 24, 2007, Husband filed a Petition for Related Claims to the above-captioned term and number. 6. Wife files this Petition for Additional Claims in order to add the following counts to the instant divorce action. COUNT I - ALIMONY, ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS 7. Wife lacks sufficient property to provide for her reasonable needs. 8. Wife is unable to sufficiently support herself through appropriate employment. 9. Husband has sufficient income and assets to provide continuing support for the Wife. 10. By reason of this action, Wife will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 11. The Wife is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 12. Wife's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 13. Husband has adequate earnings to provide for the Wife's support and to pay her counsel fees, costs and expenses. WHEREFORE, Wife respectfully requests that this Honorable Court award her alimony pendente lite, post-divorce alimony, attorney's fees and costs. Respectfully Submitted: /f M MTOMIR GNETTI & ASSOCIATES Date: U By: A. S ULL ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant/Petitioner VERIFICATION I, Nancy K. Stratchko, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom verification to authorities. JNy!K. !?ratchko DATE: 10 I-qo -? D w r w r? yl -? c ? d a Zvi r. 0 7, ?.1 ?_ ?__;rn MARIA P. COGNETTI & ASSOCIATES KRISTOPHER T. SMULL ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant ROBERT J. STRATCHKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NANCY KAY STRATCHKO, Defendant NO. 2005-3700 Civil Term CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT Defendant, Nancy Kay Stratchko, by and through her attorney, Kristopher T. Smull, Esquire, files the following Pre-Trial Statement: TABLE OF CONTENTS 1. Background Information II. Listing of Marital Assets and Debts III. Listing of Personal Property IV. Listing of Non-Marital Assets V. Pensions VI. Income and Expenses VII. Counsel Fees and Costs VIII. Expert Witnesses IX. Non-Expert Witnesses X. Listing of Proposed Exhibits XI. Proposed Resolution I. BACKGROUND INFORMATION A. PARTIES HUSBAND NAME Robert J. Stratchko ADDRESS P.O. Box 51, New Cumberland, PA 17070 AGE 51 DATE OF BIRTH March 5, 1956 PLACE OF BIRTH Hazleton PA SOCIAL SECURITY NUMBER 188-46-0037 HEALTH Good EMPLOYER New Cumberland Army Depot OCCUPATION Grade 13 Project Manager LENGTH OF RESIDENCY IN PA 48 years EDUCATIONAL BACKGROUND College WIFE NAME Nancy Kay Stratchko ADDRESS 68 Millers Gap Road, Enola, PA 17025 AGE 50 DATE OF BIRTH October 16, 1957 PLACE OF BIRTH Williamsport, PA SOCIAL SECURITY NUMBER 201-52-0268 HEALTH Good EMPLOYER Capital Blue Cross OCCUPATION Claims Examiner LENGTH OF RESIDENCY IN PA 47 years EDUCATIONAL BACKGROUND High School B. CHILDREN NAME AGE DATE OF BIRTH CUSTODIAN Robert 25 June 20, 1982 Emancipated Rachael 23 July 13, 1984 Emancipated Richard 20 March 9, 1987 Emancipated C. MARRIAGE INFORMATION DATE OF MARRIAGE May 12, 1979 PLACE OF MARRIAGE Williamsport, PA DATE OF SEPARATION October 7, 2005 CIRCUMSTANCES OF SEPARATION Irretrievable Breakdown D. PRIOR MARRIAGE WIFE None HUSBAND None E. CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES WIFE None HUSBAND None F. PROCEEDINGS INFORMATION DATE ACTION COMMENCED July 21, 2005 DATE OF SERVICE OF COMPLAINT October 13, 2005 MANNER OF SERVICE OF COMPLAINT Personal Service ISSUES RAISED IN DIVORCE COMPLAINT Divorce DATE AMENDED COMPLAINT FILED August 25, 2005 ISSUES RAISED IN AMENDED Divorce COMPLAINT DATE OF FILING OF PETITION FOR October 25, 2007 RELATED CLAIMS ISSUES RAISED IN PETITION FOR Equitable Distribution RELATED CLAIMS DATE OF FILING OF PETITION FOR October 29, 2007 ADDITIONAL CLAIMS ISSUES RAISED IN PETITION FOR Alimony, Alimony Pendente Lite, Counsel ADDITIONAL CLAIMS Fees and Costs BIFURCATION N/A PREVIOUSLY RESOLVED ISSUES one II. MARITAL ASSETS AND DEBTS The following is a listing of the marital assets and debts of the parties: ITEM DESCRIPTION TOTAL H W COMMENTS NO. VALUE 1.A 68 Millers Gap Road, Enola, PA $399,000 X X Estimate 2. i 2.13 2002 Chevy Trail Blazer $-4,393.73 X 12/23/05 - Kelley Blue Book value Owed - $16,458.73 at date of separation (paid off 6/22/07) 2.C 1996 Chevy Tahoe $2,715.00 X 12/23/05 - Kelley Blue Book value 2.1) 2001 GMC Sonoma $5,160.00 X 12/23/05 - Kelley Blue Book value 3. ??]?y( ... .., ;s. .'.' 3.A Members 1st Checking #163591-11 $221.25 X 10/31/05 3.13 Members 1st Savings #163591-00 $1,210.63 X 10/31/05 3.C Members 1stMoney Management $1,028.34 X 10/31/05 #163591-05 3.D Members 1st IRA Savings $2,690.95 X 10/31/05 #163591-10 3.E Members 1st 12 month IRA $6,152.17 X 12/24/06 Certificate #163591-15 ITEM DESCRIPTION TOTAL H W COMMENTS NO. VALUE 3.F Members 1st 12 month IRA $6,152.17 X 12/24/06 Certificate #163591-16 3.G Members 1st 12 month IRA $6,152.17 X 12/24/06 Certificate #163591-17 3.H PSECU Savings #188-46-0037 $584.47 X 10/31/05 3.1 PSECU Checking #188-46-0037 $52.42 X 10/31/05 3.J New Cumberland Federal Credit $842.42 X 10/31/05 Union #070160-S l 3.K New Cumberland Federal Credit $100.00 X 10/31/05 Union #070160-S4 3.L Navy Federak Credit Union Savings $78.79 X 10/31/05 #0568157002 3.M Sovereign Bank Checking $190.78 X 7/26/05 #2471704689 3.N Sovereign Bank Savings $0.00 X 7/26/05 #2474011562 3.0 Commerce Bank Checking $2,940.00 X 10/24/05 #0537112732 3.P Commerce Bank Savings $500.09 X 10/24/05 #0626674758 3.Q Members 1st Checking #22045-11 $808.33 X 9/30/05 3.R Members 1 st Savings #22045-00 $42.44 X 9/30/05 3.S Navy Federal Credit Union Savings $130.89 X 9/30/05 #0586310001 3.T Members 1st Checking #270975-11 $325.00 X 9/30/05 3.U Members 1st Savings #270975-00 $25.00 X 9/30/05 3.V Members 1st Savings #22044-00 $174.39 X X 12/31/06 3.W Members 1st Money Management $71.09 X X 12/31/06 #22044-05 3.X Members 1st Savings #41317-00 $1,258.77 X 8/31/05 w/Rachel Stratchko 3.Y Members 1st Savings #73397-00 $983.58 X 8/31/05 w/Richard Stratchko 3.Z Members 1st Savings #30622-00 $1,747.79 X 11/30/05 w/Robert J. Stratchko Jr. ITEM DESCRIPTION TOTAL H W COMMENTS NO. VALUE 3.AA Members 1st Checking #268171-11 $3,176.77 X 10/31/05 3.13B Members 1st Savings #268171-00 $431.47 X 10/31/05 3.CC Members 1st Money Management $2,504.61 X 10/31/05 #268171-05 4 I L +'i 4.A CSRS Pension To be x Currently being valued by Conrad determined Siegel Actuaries 4.B Capital Blue Cross Pension To be X Currently being valued by Conrad determined Siegel Actuaries 4.C CSRS Thrift Savings Plan $107,242.84 X 12/31/06 4.D Capital Blue Cross Employee $36,919.76 X 7/1/07 Current outstanding loans Savings Plan 090370 $16,476.47 4.E Financial Network Pershing IRA $33,259.01 X 12/31/06 #5FN-752730 S w 5.A E-Trade Financial 6444-6216 $401.72 X 12/31/06 5.13 ING Direct 4030292 $115.51 X 12/31/06 5.C ING Direct 4132972 w/Richard $13,799.84 X 6/30/05 Stratchko 5.1) ING Direct 4122795 w/Rachel $15,852.60 X 6/30/05 Stratchko 5.17 ING Direct 4068192 w/Robert J. $8.49 X 9/30/06 Stratchko Jr. 6.' Topseb??td; l T ?Ij W 4-M Y ? V , 6.A To be divided in kind X X III. LISTING OF PERSONAL PROPERTY ITEMS RETAINED BY WIFE DESCRIPTION VALUE To be divide in kind ITEMS RETAINED BY HUSBAND DESCRIPTION VALUE To be divide in kind IV. LISTING OF NON-MARITAL PROPERTY The following is a listing of the non-marital assets of the parties: No. Description Basis of Exclusion Owner 1. N/A V. PENSIONS The following is a listing of the pensions of the parties: PARTY DESCRIPTION Husband Civil Service Retirement Pension Wife I Capital Blue Cross Pension I VI. INCOME AND EXPENSES The following is a listing of the income and expenses of the parties: PARTY DESCRIPTION AMOUNT Husband Gross Monthly Income Unknown Net Monthly Income Unknown Monthly Expenses Unknown Wife Gross Monthly Income $3,160.01 Net Monthly Income $1,435.17 Monthly Expenses $3,499.71 VII. COUNSEL FEES The following is a listing of the counsel fees and expenses incurred, or to be incurred by the parties: PARTY DESCRIPTION DATES AMOUNT Husband Husband has made no claim for Counsel fees. Counsel Fees N/A Costs N/A Anticipated Fees and Costs N/A Wife Counsel Fees $9,493.69 Costs $311.19 Anticipated Fees and Costs $6,000.00 VIII. EXPERT WITNESSES The following is a listing of the anticipated experts who will be called to testify in this case: NAME SUBJECT TO TESTIMONY A Real Estate Appraiser Value of the marital home. A Pension Appraiser Value of Husband's and Wife's pensions. Additional experts who maybe called to testify are not known at this time. If such additional experts are retained, the Defendant reserves the right to call them as witnesses upon proper notification to the Plaintiff. IX. NON-EXPERT WITNESSES NAME SUBJECT TO TESTIMONY Nancy Kay Stratchko History of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Robert J. Stratchko, as of cross History of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Additional witnesses who may be called to testify are not known at this time. If such additional witnesses are identified, the Defendant reserves the right to call them as witnesses upon proper notification to the Plaintiff. X. LISTING OF PROPOSED EXHIBITS The following is a listing of Exhibits which are anticipated to be submitted at the hearing in this case: NO. DESCRIPTION 1 Appraisal of the marital home. 2 Statement for and appraisal for the value of Wife's pension. 3 Statement for and appraisal for the value of Husband's pension. 4 Statements for all bank accounts. 5 Statements for all investment and retirement accounts. 6 Statements of Kelley Blue Book values on the parties' vehicles. 7 Documentation of Wife's current income. 8 Documentation of Husband's current income. 9 Documentation of all marital debts. 10 Parties' tax returns for 2006 with all attachments and schedules. 11 Parties' income and expense statements. If additional exhibits are identified, Defendant reserves the right to submit additional Exhibits upon proper notification to Plaintiff. XI. PROPOSED RESOLUTION A. EQUITABLE DISTRIBUTION: 60/40 split of marital assets in favor of Wife. B. ALIMONY: Indefinite alimony at the rate currently being paid by Husband for spousal support. C. COUNSEL FEES AND COSTS: Husband to be responsible for Wife's counsel fees in the amount of $10,000.00. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: 1???? 5q By; E RISTO II I M T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant CERTIFICATE OF SERVICE I, Kristopher T. Smull, Esquire, hereby certify that on November 15, 2007, I served a true and correct copy of the foregoing Defendant's Pre-Trial Statement at the address indicated below: Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Service by: Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Service by placing a copy of the above document in counsel's box in the Office of the Prothonotary of County Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: November 15, 2007 By: KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant N ..mo t r X?? ,??,;.. W ern ca -t Joanne Harrison Clough, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Facsimile: (717) 737-5892 Attorneys for Plaintiff ROBERT J. STRATCHKO, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. NANCY KAY STRATCHKO, Defendant NO. 05-3700 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be deemed admitted. PLAINTIFF'S 3301(D) AFFIDAVIT OF THE DIVORCE CODE 1. The parties to this action separated since July 21, 2005, the date of filing of the Divorce Complaint and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: obert J. ald V ??? ?.> n y ?: F ' ? ?"t ?" ' ? . .""?,? _ ? -.. ? _ ?? i ; , ? ?'. .,, ROBERT J. STRATCHKO, PLAINTIFF V. NANCY KAY STRATCHKO, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3700 CIVIL TERM CIVIL ACTION IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. X (c) I oppose the entry of a divorce decree on a bifurcated basis but do not oppose the entry of a divorce decree once the economic issues have been settled or determined. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. X (b) I wish to claim economic reliefwhich may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If l fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. Date: 1211 aoD -7 Nak-y K. atchko NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. .a ?k ..ten ??' ? "4'? ??} ..wa '# , Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Email: icunningham(d),cclawpc.com ROBERT J. STRATCHKO, Plaintiff V. NANCY STRATCHKO, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3700 CIVIL ACTION - LAW IN DIVORCE pt] A V rirpF Please withdraw the appearance of Maria P. Cognetti & Associates, Kristopher T. Smull, Esquire in the above captioned matter. Please enter the appearance of Cunningham & Chernicoff, P.C., Jordan D. Cunningham, Esquire, as counsel for the Defendant. Respectfully submitted MARIA P. COGNETTI & ASSOCATIA TES By: Q? ? ? ph r . mull, squire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 By: f(?KfS. Cunningham, Esquire 2320 North Second Street Harrisburg, PA 17110 FF, P.C. F:\Home\AHEWITT\DOCS\Q-S\STRATCHKO, NANCY\PRAECIPE.wpd 4 • -. CERTIFICATE OF SERVICE I do hereby state that on the day of April, 2008,1 served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Joanne Harrison Clough, Esquire 24 North 32nd Street Camp Hill, PA 17011 Kristopher T. Smull, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Angela L. Hewitt Legal Secretary t" a na cz) 4 rr, d Robert J. Stratchko, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA r. 00. 2005-3700 Civil Term Nancy Stratchko, CIVI! ACTION - !AW Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 21, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of 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 or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date. 9/1 l o g Nan y S hko I'll £*d Z69WCL#LLL HsnoiO NOSIHbVH 3NNVOf a£Z:ZL go LL deg ? 'tx Robert J. Stratchko, Plaintiff v. Nancy Stratchko, Defendant N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-3700 Civil Term : CIVIL ACTION -LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 1. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary-. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. d DATE: 1" Nanc Stratc o qd Z685#L£L#L LL HenwO N0618 VH 3NNVOf d £Z:ZL 80 L L deg rya ".,?' , r?' ? ? t!? - ?. ? `? *+c? ?' ' ? ?? ? cl? Robert J. Stratchko, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2C05-3700 Civil Terra Nancy Stratchko, CIVIL. ACTION - LAW Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 25, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: , obert J. S o f/ Z*d Z689#L£L#L LL Hen= N08Ia2IdH 3NNVOf d - £Z:ZL 80 ll deg P i:R F R t C Robert J. Stratchko, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2005 3700 Civil Term Nancy Stratchko, Defendant : CIVIL ACTION -LAW WAIVER OF NOTICE OF MENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. DATE Robert.T.. " chko t,d Z689#L£L#L LL _ HJf1= N0918IVH BNNVOr d£Z:ZI. 8o l L deg d r JOANNE HARRISON CLOUGH, P.C. Joanne Harrison Clough, P.C. 3820 Market Street Camp Hill, PA 17011 717.737.5890 Attorney for Plaintiff ROBERT J. STRATCHKO, Plaintiff V. NANCY KAY STRATCHKO, Defendant r c r ' cx? 141 , U . ` ? rn -ca s C.0 w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3700 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PETITION TO ENFORCE SETTLEMENT AGREEMENT AND ENTER FINAL DECREE OF DIVORCE AND NOW, this ? day of February, 2010, comes the Petitioner Robert J. Stratchko, by and through his attorney, Joanne Harrison Clough, Esquire, and files this Petition to Enforce Settlement Agreement and respectfully avers as follows: 1. This Divorce Action was scheduled for a Master's Hearing before E. Robert Elicker, II, on September 11, 2008. 2. On the eve before the Master's hearing, the parties were able to negotiate a resolution of the action after numerous telephone negotiations between counsel and the parties agreed to appear before the Master and put an outline of their settlement agreement on record. 3. On September 11, 2008 the parties met at the Master's office and entered their Settlement Agreement on record before the Divorce Master, which was transcribed, and executed a Memorandum of Understanding regarding certain provisions of that settlement which was entered into the record. A true and correct copy of the Transcript of the proceedings before the 1 Master and the Memorandum of Understanding is attached hereto, incorporated by reference as Petitioner's Exhibit A and B respectively. 4. The Settlement Agreement required Wife's counsel to prepare a draft comprehensive Settlement Agreement to be executed by the parties. Said Agreement was ultimately drafted and forwarded to Petitioner's counsel in late December 2008, early January 2009. 5. The Plaintiff through counsel reviewed the draft settlement document and in early spring 2009 requested numerous changes be made to the draft Agreement to assure that the final agreement was in accordance with the settlement entered in to by the parties before the Divorce Master on September 11, 1998 as set forth in the Transcript and the Memorandum of Understanding attached hereto as Exhibits A and B. 6. Despite numerous attempts by Plaintiff Husband, Defendant Wife has refused to modify her draft Marital Settlement Agreement to accurately reflect the terms agreed to by the parties on September 11, 2008. 7. The Defendant refuses to honor the terms of the September 11, 2008 settlement as follows: A. Wife has failed to pay Husband the $750.00 a month gross fair rental payment for his %2 monthly fair rental value of the marital residence as long as Wife continues to occupy the residence, commencing January 1, 2009. Despite the fact that Wife still resides in the marital residence, she has only tendered one net rental payment of $525.00 to Husband in January of 2009 and she is currently over one year in arrears on this obligation and currently owes Plaintiff Husband $ 9,000.00 in gross delinquent rental payments ($ 750.00 per month) if the parties each pay one half of the real estate taxes and homeowners insurance premiums effective January 1, 2009 or the net sum of $ 6,300.00 ( $ 525.00 per month) if Wife pays the real estate taxes and homeowners insurance effective January 1, 2009 forward; and 2 B. Defendant Wife refuses to execute the Agreement unless Husband agrees to pay 100% of the cost of the survivor benefit for Wife in the Qualified Domestic Relations Order awarding Wife 50% of the marital portion of Husband's retirement less Social Security offset where the September 11, 2008 transcript and Memorandum of Understanding are silent on the issue of which party shall bear the cost of the survivor benefit option for Wife; and C. Wife has refused and/or failed to re list the martial residence for sale with Husband's previously selected realtor, Kelly Clifford, in direct violation of a previous agreement entered in to by the parties to list the property for sale Wife's selected realtor, and if the property did not sell it would then be listed with Husband's realtor because said realtor is the daughter of Husband's girl friend (despite the fact that said Wife previously agreed Kelly Clifford would be the realtor for the second listing term) if the property was not sold during the time it was listed with the realtor selected by Wife. The marital residence has not been listed for sale since April of 2009 as a result of Wife's refusal to honor her original agreement; D. Instead of litigating this issue, Husband agreed to list the property for sale with another realtor Wife selected in late spring/early summer and Husband agreed to reduce the listing price from $ 379,000.00 to$ 299,000 as demanded by Wife and her new realtor and the property still remains unlisted despite Husband also agreeing to reimburse Wife for one half of repairs she made to the residence without his prior knowledge or approval; E. Husband also offered to receive the property as part of his share of equitable distribution at the price the parties would have netted if the property was sold at or near the suggested sale price recommended by Wife's realtor and if Wife honored other calculations set forth in correspondence from her legal counsel, and Wife refused Husband's offer to retain the house at that value and Wife continues to refuse to list the property for sale, she continues to occupy the property without paying Husband the monthly rent she agreed to pay effective January 1, 2009; F. After Husband agreed to use Wife's new realtor, and after Husband agreed to reimburse Wife (in the final accounting of equitable distribution) for one half of the numerous extensive repairs Wife and her realtor unilaterally decided to make to the marital residence without any prior notice to Husband) Wife then refused to list the marital property for sale unless Husband agreed in advance to accept a sum certain less than the greatly reduced listing price of $ 299,000.00 if an offer is made on the property; G. Despite Husband agreeing via his legal counsel that his legal counsel had authority to accept on behalf of Husband a reasonable offer, Wife has still refused to list the martial residence for sale. 8. Husband through legal counsel has forwarded numerous letters to Wife's counsel and had numerous telephone calls with Wife's counsel since the spring of 2009 to the present and these matters remained unresolved and Wife continues to refuse to cooperate in good faith to conclude this Divorce action and property distribution. 9. Wife continues to reside in the martial residence and is breaching the terms of the parties settlement agreement by refusing to tender to Husband the monthly rental monies she is legally obligated to pay to him pursuant to the agreement entered of record on September 11, 2008 and she is now twelve months delinquent in said rental obligation. 10. Wife refuses to cooperate in re-listing the marital residence for sale and the property has now been off the market for the past ten months as a direct result of Wife refusing to re list the property unless Husband agrees to numerous additional conditions unilaterally imposed by Wife and each time Husband agrees to the newest condition, Wife adds another condition and the property remains unlisted. 11. Since September 11, 2008 Husband has acted in good faith to try to complete the terms of the settlement entered of record by the parties before the Divorce Master and Wife has refused to act in good faith to complete this Divorce Action. 4 12. When this Divorce action was initially filed in July of 2005 Wife indicated that she did not believe in divorce and would resist any divorce being entered in this action. 13. At all settlement conferences and throughout all settlement discussions Wife has continuously repeatedly attempted to thwart the finalization of this Divorce action. 14. Husband is of the belief and therefore avers that Wife has no intention of honoring the settlement she agreed to on record on September 11, 2008. 15. Husband has lived separate and apart from Wife since July 21, 2005 and the parties entered in to a comprehensive settlement on September 11, 2008 that is evidenced not only by the agreement set forth on the Transcript of the September 11, 2008 settlement before the Divorce Master, but also as set forth on the Memorandum of Understanding executed by both parties on September 11, 2008 and entered of record in this case and Wife continues to refuse to honor the terms of that settlement agreement. 16. It is apparent that Wife has no intention of acting in good faith to conclude this Divorce action despite the fact that Husband has honored all of the terms of the settlement agreement and Husband continues to pay wife spousal support each month and Husband continued to seek the listing of the marital residence for sale despite Wife's numerous breaches of the settlement agreement. 17. This matter has not been previously assigned to a Judge. 18. The Defendant Nancy Kay Stratchko does not concur with the relief requested in this Petition. WHEREFORE, Husband respectfully requests this Honorable Court, after hearing, enter an Order enforcing the Settlement entered of record on September 11, 2008 and directing that Wife be required to do the following within ten days of date of hearing on this Petition: A. Wife shall receive the marital residence as part of her share of equitable distribution at the value of $ 299,000.00 without any reduction for real estate commissions or 5 transfer taxes since the property has not been sold and said value of $ 299,000.00 shall be utilized in the calculation of the final distribution of the assets between the parties as set forth in the percentage distributions called for in the settlement agreement entered of record in this action; and B. Wife shall pay to Husband any and all delinquent rental monies due and owing within ten days; and C. Wife, through counsel, shall cooperate in the preparation of the Qualified Domestic Relations Order by Jonathan Cramer or Harry Leister awarding her portion of the marital portion of Husband's retirement less the social security offset as set forth in the settlement agreement and Wife shall bear the cost of the survivor benefit option; and the parties shall each pay one half of any fees associated with the preparation of said QDRO; and D. Wife shall cooperate through counsel with providing any necessary account statements for the parties to complete the final calculations necessary to effect the percentage distributions as required in the settlement entered in to by the parties on September 11, 2008 and said final distribution calculations shall be completed within twenty (20) days of the date of the Court ruling in this action; E. Wife shall sign any documents necessary to finalize the Divorce action within ten days; F. A final Decree in Divorce shall be immediately issued in this action; and G. The Court shall grant any other relief this Court deems appropriate in this action. UGH, P.C. Dated: By: Joanne lesson Clougf Attorney I.D. No.36461 3820 Market Street 6 VERIFICATION I, Robert J. Stratchko, verify that the statements made in this Complaint 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. Section 4904, relating to unsworn falsification to authorities. Date: Robe tratchko EXHIBIT A ROBERT J. STRATCHKO, Plaintiff VS. NANCY KAY STRATCHKO, Defendant THE MASTER: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 3700 CIVIL IN DIVORCE Today is Thursday, September 11, 2008. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing are the Plaintiff, Robert J. Stratchko, and his counsel Joanne Harrison Clough, and the Defendant, Nancy Kay Stratchko, and her counsel Jordan D. Cunningham. The action in divorce was commenced by the filing of a complaint on July 21, 2005, raising grounds for divorce of irretrievable breakdown of the marriage. Counsel have advised the Master that the parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree today and the Master's office will file the affidavits and waivers with the Prothonotary's office. The divorce can then proceed under Section 3310(c) of the Domestic Relations Code. Previously a 3301(d) affidavit was filed by husband and the wife filed a counter-affidavit requesting the opportunity to raise economic claims. Economic claims were raised pursuant to a petition filed by wife on October 25, 2007. A claim raised by wife was equitable distribution. On October 1 29, 2007, an additional petition was filed raising claims for alimony, alimony pendente lite, and counsel fees and costs. The parties were married on May 12, 1979, and separated July 15, 2005. There were three children of this marriage, all of whom are emancipated. The Master has been advised that counsel are going to place on the record a statement regarding an understanding of a settlement agreement and then we are going to ask the parties to acknowledge their acquiescence in the terms of the agreement as placed on the record. Mr. Cunningham and Ms. Clough have indicated that the document that they are going to use, reflecting the settlement, is going to be marked as a Joint Exhibit and the parties will sign the exhibit acknowledging their understanding of the summary and the terms of settlement. It is further understood by the Master that counsel are going to amplify the agreement in the context of putting in other specific provisions but those provisions will not change the substantive terms of the agreement as stated on the record. Is that a correct statement? MR. CUNNINGHAM: That is a correct statement. THE MASTER: The substantive terms are in your exhibit but you may clarify/amplify by further provisions in a written agreement regarding the 2 understanding of the parties? MR. CUNNINGHAM: And I will tell you that there is a technical aspect of a calculation -- we are going to have to rely upon either Mr. Leister or Mr. Cramer -- that may change a dollar figure here or there but the agreement says that we are going to use their formula and their guidance to get that figure. THE MASTER: The Master is going to request counsel to go on the record at this time and have the exhibit marked, the summary agreement marked as a joint exhibit, which has been done; and Mr. Cunningham is going to make some statements on the record regarding the understanding of the parties. Mr. Cunningham. MR. CUNNINGHAM: As between the parties, there is a memorandum which I have drafted which has been reviewed. The basic essence of this agreement is that we are attempting to effect a scheme of equitable distribution that transfers 55% of the fair market value or present value of the marital assets to wife and 45% to husband. There is also a provision for continuing alimony and terms and conditions regarding an exact amount, manner in which it is terminated. There is also a provision within the document that provides how a monthly benefit on an annuity which is in a true civil service retirement system will be calculated 3 to effect among the parties a 55/45% split, and with regard to the pension itself, there are terms that differ. It's to be a 50/50 distribution with regard to that asset but the difference to be made up in other assets, so that the total is a 55/45% split. All of those terms and the salient points of those terms are set forth in the memorandum which is marked Joint Exhibit No. 1. Both counsel have agreed that there are technical provisions that we are going to have to rely upon Conrad Seigel, Inc. to give us guidance in order to make various calculations since this, being a true civil service retirement annuity, there is a social security offset that we have to consider and in the manner in which to calculate a marital interest in the present value of that pension. We know what that figure is with the offset. We have a calculation that we have shown as an illustration that we believe is the correct manner in which to make that calculation by way of illustration to give guidance to others if for some reason there is a dispute as to how that was to be understood. We also have agreed as to a set asset value of various personalty which has been supported and can be supported with documentation. It is understood that if there is just a pure clerical error or a misstatement that the parties will be bound by the document and not the 4 document that supports the joint exhibit, and not the values set forth on the joint exhibit. I don't think there is an error. We don't think there is an error; however, if we found there was a transposition, nobody is bound by the transposition or bound by the exhibit that supports it. The memorandum sets forth the salient terms. We have covered all of the major assets that we know about and have been revealed and disclosed and they break into three or four different types of categories. They are pensions; there are cash assets; there are bank accounts, and then there is personalty. And the one exhibit that has been attached to this particular document is a listing of personalty, which identifies with particularity, the items which still remain in the marital residence which Mr. Stratchko has the right to retrieve. There are four items that are specifically exempted and we have identified them in the memorandum. There is one last asset which is a house that has remained unsold and we have a formula for the manner in which to split the net proceeds of that sale and we have defined what a net proceed is within the terms of agreement. We also have an understanding that as we sit here today the current listing price of that property is $399,000.00. Effective today it will be reduced to $379,000.00. If the property does not sell within the next 5 thirty (30) days, the parties will agree to again meet and discuss a reduction of the price. Both parties understand that they are being hurt financially by the property not selling. There is no mortgage on this property. We don't have mortgage debt but certainly we are losing the use of the money if it was liquidated, and there is a current outstanding broker agreement for the property, exclusive sales agreement that, I believe, ends in April. If the property hasn't sold by then using John Glise, as the listing agent, the parties will then agree to use Jack Gaughen Realty and attempt to make the sale through them unless there is a pending sale that is in the works at that time. We have attempted to give enough specificity in the terms of the settlement agreement so that there won't be any difficulties -- I don't think there will be. Ms. Clough and myself have spent a number of hours yesterday talking about various items -- I don't think we will have a problem reaching an understanding. THE MASTER: Would you go on the record with your client to confirm and affirm what you just said? MR. CUNNINGHAM: Ms. Stratchko, prior to meeting with the Master and my rendition of this agreement, did we meet yesterday and discuss the terms that we talked about today? 6 MS. STRATCHKO: Yes. MR. CUNNINGHAM: Did you have an opportunity during the past hour to review this written document? MS. STRATCHKO: Yes. MR. CUNNINGHAM: And did I review it with you and point out where minor differences occurred from what we discussed last night? MS. STRATCHKO: Yes. MR. CUNNINGHAM: And do you agree and approve that this was your understanding? MS. STRATCHKO: Yes. MS. CLOUGH: Mr. Stratchko, have you had an opportunity to review this agreement today with me? MR. STRATCHKO: Yes. MS. CLOUGH: And do you agree with the equitable distribution scheme and the alimony scheme that is set forth in this agreement? MR. STRATCHKO: Yes. MS. CLOUGH: And it is your intent to be bound by that today? MR. STRATCHKO: Yes. MS. CLOUGH: Although you do know that we need to draft a more detailed document on how to actually 7 implement this agreement? MR. STRATCHKO: Yes. THE MASTER: Thank you, parties and counsel. EXHIBIT B MEMORANDUM Re: ROBERT J. STRATCHKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Y. NO. 05-3700 NANCY STRATCH.KO, Defendant CIVIL ACTION - LAW IN DIVORCE Subject: TERMS OF SETTLEMENT AGREEMENT Date: September 11, 2008 File No.: 404408 The purpose of this Memorandum is to memorialize the salient terms of an Agreement reached between the parties and their respective counsel with reference to a global settlement of the above captioned divorce action. It is the intention of the parties that the terms of this Agreement will be reduced to a more formal understanding and incorporated in a Divorce Decree. The parties have attempted to affect a scheme of equitable distribution and do by the terms of this Agreement, agree to a scheme of equitable distribution in which 55% of the fair market value and/or present value of marital assets are being transferred to Nancy Stratchko and 45% of the value of said assets to Robert Stratchko. In order to affect the agreed upon scheme of equitable distribution, the parties due to the nature of the assets will be required to transfer ownership of various assets between each other in order to affect the scheme of equitable distribution envisioned by this Agreement. To the end, the parties agree that they will execute any and all necessary documents in order to reach this understanding. At this juncture, the 1 s parties agree to the following: 1. Robert Stratchko shall irrevocably name Nancy Stratchko in his application for retirement benefits as the joint survivor annuitant of his civil service retirement pension to receive survivor benefits and will execute all documents necessary to irrevocably elect the Survivor/Joint Survivor Annuitant option with regard to the monthly annuitant payments to be paid by the Civil Service Retirement System through the Office of Personnel Management. To effect the terms of this understanding, it is understood by the parties that a Settlement Agreement will be drafted providing for the irrevocable election for survivor benefits to be filed by Robert Stratchko at the time of his retirement and a QDRO providing a monthly benefit to be paid to Nancy Stratchko. The parties agree that they shall share the cost, if any, of drafting the QDRO. 2. Robert Stratchko shall pay to Nancy Stratchko alimony in the amount of $1,174.00 per month, payments of which shall begin upon the termination of the spousal support Order currently in effect to be immediately replaced by an Alimony Order to be collected and distributed by the Cumberland County Office of Domestic Relations. The alimony payment shall continue until Robert Stratchko retires from his employment with the federal government. The amount of alimony shall not be subject to either increase or decrease during the period it is being paid The payment is terminable upon Robert Stratchko's deat), if he dies prior to his retirement from his employment with the federal government. In the event Robert Stratchko retires from his employment with the federal government, he shall give notice to Nancy Stratchko and the Office of Domestic Relations and in the event it is proven he has retired from employment with the federal government, the alimony order shall be reduced to $1.00 per year effective from the date of his retirement. In the event Robert Stratchko again becomes employed after he retires as an 2 employee, an independent subcontractor, or in any other capacity and his compensation, whether paid as income, stocks, options, or any other form of remuneration such as the fair market value of the use of vehicles, Nancy Stratchko will again be eligible to petition the Court for modification of the Alimony Order if, and only if, Robert Stratchki's total income or remuneration from all sources exceeds $40,250.00 ($35,0?00..?006N ncy Stratch?.k_o's base salary 2008 + 15% _ $40,250.00), detemhung the amo un of support the parties agreethat tthhe? "I ?' Court shall ignore as income, although taxable as income, any moniePpaid to either party from the 4„t,RA a Civil Service Retirement System as such monies are more properly categorized as equitable distribution of marital property and not as income. Likewise, any income received by Nancy Stratchko from a Capital Blue Cross Capital Blue Shield retirement system will also not be counted as income as it was distributed to her in kind as an equitable distribution of marital property. Between the point of the beginning of the payment of the first alimony to Robert Stratchko's 55 h birthday (March 5, 1956), Nancy Stratchko will not lose her right to receive the alimony if she remarries and/or co-habitats with a member of the opposite sex. After Robert Stratchko's 55' birthday in the event Nancy Stratchko is still receiving alimony as the result of the terms of this Agreement, the alimony payment shall be subject to termination upon her remarriage and/or co-habitation with a member of the opposite sex but no other change of circumstance. 3. The parties have agreed that various marital assets have agreed upon values for purposes of determining equitable distribution. The assets and their values, with the exception of the former marital residence and items of personalty, the parties have agreed upon are set forth in the attached Exhibit "A", which exhibit equals $830,363.67. 3 4. The parties own a parcel of real estate with a single family house erected thereon, which property is currently listed for sale. The parties have agreed that 9a ;; 11 receive sS`r ov?j -to Ift of the net proceeds from the We, net procee defined as agreed upon sales price less real estate brokers commissions, transfer taxes, real estate taxes, deed and document preparation t costs, seller's assistance (if any), and any radiation remediation necessary obert Stratchko will make up to 5% difference froVother ial or non-marital assets to effect the 55/45% scheme of equitable distribution. Nan shall have the right to continue to reside in the former marital residence. No rent will be owed or credited for the months of October, November, or December 2008. In the event the former marital residence is not sold by December 31, 2008 and Nancy Stratchko continues to reside in the property, she shall pay to Robert Stratchko the sum of $525.00 per month representing his one-half interest in the fair rental value less credit for Nancy Stratchko's payment of insurance and taxes. Nancy Stratchko shall have the right to vacate the former marital residence at any time and not pay any rent. Any taxes or insurance for which a credit is given upon sale fo the property for period after January 1, 2009 shall be paid to Nancy Stratchko as a reimbursement prior to division of net proceeds. 5. Retirement System Annuity. The annuity has a present marital value of $610,732.00. The parties agree that Nancy Stratchko shall receive a portion of the monthly annuity provided by the Civil Service Retirement System upon its being placed in pay status and. the parties further agree that the portion to paid to Nancy Stratchko shall be calculatecl"pursuant- to a formula suggested by Harry Leister and Jonathan Cramer, under which formula annuity payment shall be paid to Nancy Stratchko as a form of equitable distribution of marital assets. The remaining balance of the monthly annuity shall be paid to Robert Stratchko as part of an equitable distribution of marital property. The formula which has been provided to Robert Stratchko's counsel and Nancy Stratchko's counsel that the accrued pension at December 31, 2007 would pay $4,796.00 per month. Of the monthly payment, 85.6% is marital in nature. The pension has a social security offset. The present value of the social security offset equals $171,572.00. The present value of the CSRS Pension earned during the marriage equals $782,304.00. The net present value of the pension earned during the marriage equals $610,732.00 ($782,304.00 - $171,572.00 = $610,732.00) by a formula. The formula takes the assigned marital interest in the net present value of the pension earned during the marriage and divides it into the present value of the CSRS Pension earned during the marriage times the marital portion of the monthly annuity payment. Under the current formula as understood by counsel and to be later perfected by either Mr. Leister or Mr. Cramer, the marital portion of the monthly annuity payment to be assigned to Nancy Stratchko can be determined. By way of illustration, if $300,000.00 of value in the CSRS were assigned to Nancy Stratchko, the $300,000.00 would be divided into the present value of $782,304.00, leaving a percentage of 41.19% times the marital value of the monthly annuity $4,105.38 ($4,796.00 x .856 = $4,105.38) equaling a monthly amount of $1,691.07 plus COLAS to Nancy Stratchko. It is understood and agreed between the parties that the final formula to be used and set forth in a QDRO will be that which is suggested by either Mr. Leister or Mr. Cramer. As part of the understanding, as a result ,....?? t cseS of only 50% of the net value ef4ae-wge of the f wsidonse being assigned to Nancy Stratchko, an additional 5% will be compensated for in order to equalize a 55/45% of marital assets by assigning either cash as ets or present value in the CCRS pension to achieve the desired split of marital assets. 6. Robert Stratchko will retain all items of personalty, including motor vehicles, in his possession. Nancy Stratchko will retain all items of personalty, including motor vehicles, in her possession. Additionally, Robert Stratchko will receive all of the items set forth in Exhibit "B" attached to this Memorandum with the exception of the watercolor painting of the former marital residence, the comer cupboard, the dry sink, the knickknack shelve, and he will execute an Affidavit that his wedding band has been lost and cannot be found after diligent search, including his safe deposit box or if he finds the ring, he will in the future transfer ownership of the ring to Nancy Stratchko. With regard to a 30/30 rifle, Robert Stratchko will make a request to his father that his father gift the rifle to his son. Robert Stratchko will advise his counsel as to whether his father has agreed to the request and his counsel will advise Nancy Stratchko's counsel of the answer. As concerns the three (3) furniture items (the dry sink, the comer cupboard, and knickknack shelf), there shall be a credit given to Robert Stratchko of $1,800.00. 7. Nancy Stratchko has resided at the former marital residence. A period of 36 months has passed since the date of separation. The fair market rental value for the property has been calculated to be $1,500.00 per month. Robert Stratchko is therefore entitled to a credit of $27,000.00. During the same period, however, Nancy Stratchko has paid the taxes and maintained the property and added additional improvements to the property. The parties hereby recognize that approximately $9,000.00 in insurance and real estate taxes have been paid by Nancy Stratchko as well as improvements in the property equaling $3,996.00 for carpet and vinyl and an additional $4,300.00 for the repair of french doors. As a result, the total credit to be paid to Robert Stratchko in analyzing the overall equitable distribution is $15,952.00 plus an additional $1,800.00 representing the value of the dry sink, comer cupboard, and knickknack 6 shelf for a total of $17,752.00. READ AND APPROVED THIS Alra"y' of September, 2008. Robert S o N y Strat o F:\Home\AHEWITMOCS\Q-S\STRATCHKO, NANCY\Memo 0.91108.wpd Nancy Stratchko Asset Listings as of July 15, 2005 HUSBAND Asset Value WIFE Asset Value Asset Description Asset Description 1. 1996 Chevy Tahoe $2,715.00 1. 2002 Chevy Trail $0.00 Blazer 2. 2001 GMC Sonoma 5,160.00 2. Sovereign Bank Checking Account No. 247104689 190.78 3. Members I" Ch ki A N Sovereign Bank ec ng ccount o. 163-591-11 2,894.30 Checking Account No.2474011562 0.00 Members 1" Savings Account No. 163591-00 1,003.66 3. Commerce Bank Account No. 0537112732 0.00 Members 1" Commerce Bank Money Management Account No. Account No. 163591-05 2,427.04 0626674758 0.00 Account Opened 109106105 Members 1'` 3. Members 1" IRA Account No. 2,678.95 Checking Account 163591-10 Balance 812008 No. 22045-11 904.83 2,827.27 Members 1P' 5,882.75 Members 1" 12 Month IRA Account Balance 812008 Savings Account No. 163591-15 6,592.15 No. 22045-00 42.44 Members 1" 5,882.75 Members 1'` 12 Month IRA Account Balance 812008 Checking Account No. 163591-16 6,592.15 No. 325.00 270975-11 Members 1" 12 Month IRA Account No. 163591-17 5,882.75 Balance 812008 6,592.15 Members 1" Savings Account No. 270975-00 25.00 4. PSECU Members 1" Savings Account No. Savings Account 188-46-0037 583.00 No. 22044-00 171.92 HUSBAND Asset Value WIFE Asset Value Asset Description Asset Description PSECU Members 1" Checking Account No. $52.38 Money $145.70 188-46-0037 Management Account No. 22044-05 5. New Cumberland Members 1" $15,848.80 Federal Credit Union IRA Account No. Balance 812008 Account No. 070160-51 $840.82 270975-16 17,809.82 New Cumberland S. Navy Federal Federal Credit Union Credit Union Account No. 070160-54 100.00 Account No. 0586310001 130.48 Savings 6. Navy Federal Credit 6. Capital Blue 21,160.90 Union Account No. Cross Balance 812408 0568157002 78.31 401(K) 25,58. 00 7. CSTS Thrift Plan 78,375.05 7. Capital Blue 22,315.00 Balance 812008 113, 735.03 Cross Pension 8. Financial Network 25,810.12 Personal IRA Balance 812008 36,3j2.60 9. E-TRADE Financial Account No. 6444-6216 624.50 10. ING Direct Account No. 4030292 109.03 11. rPetty cash 2,000.00 12. CCRS 610,732.00 ` TOTAL ASSETS $718,722.21 TOTAL ASSETS $59,600.88 (HUSBAND) Balance 812008 (WIFE) Balance 812008 $764.604.67 $65,759.00 Total Assets Balance as of August 2008 Husband $764,604.67 Wife $65,759.00 Combined $830,363.67 F.%HomdAHEW 1T71DOCS%Q-SISTRATCHKO, NANCY%Aud Uating as of 071505 redraft 091109.wpd ;a'r-v"ti-06 0,:54pm From-WSS 717 541 3496 T-037 P.004/013 F-30T c c?e A W K I uYAI f-eci J e. P=P Attachment : Ift s remain n;gthat Y wOW Ilkee,.ba ?Tildlifc ? andlau?ps.- ? n?cd cftidd Putt Owene b"t print d Bob ? Travaa;9e Priat -- V- VNQ 3 Bear Punt - P Howie water color pamtw-g `'t4o Nanny's Bad and dre8s'tm- W Sp aU TV combo TV' and VCR in meager be&v= -- C=bo DVD and VCR - P Beieshel vdw in back mum rW (21 uJR. 'pa, I. I and bersapplies 3- p .. Animated dear hod an :6dL-. ? . . Box of CAMPMO i ' in ~ Fluanso at'desktamp Ya d and bromway Bells --?P Modal cW* et and models - P YvUow woac light --? ? Sig cbaiim --U1nck-?%c1h has oS?ess ark bmah i? ?h?d or behd Qr-a'nd. d?,?d's piatmmes -- P Soma F=4y pict>= - ?n! R A copy of tMiy was tMp R*Kowu Water ski9mg tape T 3.4SC atufin bas t ?? PWo Mup - P Motion deftax off dock . Remote de q camera - f tuo • Comer Cabinet, dry sink and OMNI =ache. - vJ ? CC • 11*cty kfa*gr7l meads and Um= SisW-in-law painted -W R- Sld vest and boat parts - ?O%1 Step ladder - p awe From mlacle rlcb - p Shop vac -preset luln wile rich Q Limise plates ?. Z Lj hhch W, &S, Pins= cooltecr -P 15 0 7aD -5 !an vcc toss-- $ Soo Strwaosip owiow -- was S DlQ-n VMrn mop, I b(ly pos 4tevd and anything o&er she wad me to fiefs at tba time. Odw marital items WM need to be DW ia#ed at a later time, I'1or- e&rI y -DeC CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing Petition via United States First Class Mail to the following individual set forth below: Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. PO Box 60457 Harrisburg, PA 17106-0457 Counsel for Defendant Nancy Kay Stratchko Date: _`1 ? () Joanne Harrison Clough'' E quire Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Robert Stratchko FEB 12 2010 ROBERT J. STRATCHKO : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-3700 CIVIL TERM NANCY KAY STRATCHKO : CIVIL ACTION -LAW Defendant : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this /'/' day of 2010, upon consideration of Plaintiff's Petition to Enforce Settlement Agreement and Enter Final Divorce Decree attached hereto, a Rule is issued against Defendant, Nancy Kay Stratchko, to Show Cause, if any, why Plaintiff's Petition to Enforce Settlement Agreement and Enter Final Divorce Decree should not be granted and why the attached proposed Order should not be entered. Rule Returnable within Z ° days of the date of Service. BY THE COURT, Distribution: ?Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 Attorney for Robert Stratchko T LL W/ - J. C) Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. PO Box 60457 Harrisburg, PA 17106-0457 Attorney for Nancy Stratchko '!r TW t 'r;/Y 200h'AR10 t r w . , L?. ROBERT J. STRATCHKO, Plaintiff V. NANCY KAY STRATCHKO, Defendant Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. P.O. Box 60457 Harrisburg, PA 17106-0457 Telephone: 717-238-6570 Facsimile: 717-238-4809 Email: jcunnin hg amgcclawpc.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3700 CIVIL ACTION - LAW IN DIVORCE RESPONSE TO PETITION TO ENFORCE SETTLEMENT AGREEMENT AND ENTER FINAL DECREE OF DIVORCE AND NOW, this &Way of March 2010, comes your Defendant/Respondent, Nancy Kay Stratchko, by and through her attorneys, Cunningham & Chernicoff, P.C., who files this Response to the Petition to Enforce Settlement Agreement and Enter Final Decree of Divorce and respectfully avers as follows: 1. The averments of Paragraph 1 are admitted. 2. The averments of Paragraph 2 are partially admitted and partially denied. It is admitted that on the eve before the Master's Hearing, the parties were negotiating a resolution of the action. Defendant/Respondent's counsel on the morning of the Master's Hearing made an attempt to draft the terms of the settlement agreement and brought a copy of the terms of the settlement agreement to the Master's Hearing. 3. The averments of Paragraph 3 are partially admitted and partially denied. It is admitted that on September 11, 2008, the parties and their counsel meet at the Divorce Master's office and negotiations continued regarding the terms of the settlement agreement. The parties finally reached agreement, making certain interlineations to the drafted terms of the settlement agreement and incorporated the terms of the settlement in a transcript as to the understanding of the parties to be reduced to a final Marital Settlement Agreement. Moreover, Plaintiff's Exhibit "A" contains only pages 1 through 7 of the Transcript. Page 8 through the end of the Transcript reflects the complete understanding of the parties. 4. The averments of Paragraph 4 are admitted. The averments of Paragraph 5 are partially admitted and partially denied. It is admitted that Plaintiff/Petitioner, through his counsel, reviewed the draft settlement agreement and admitted that he made numerous requests for changes to be made to the draft agreement to exactly mirror the written terms of the settlement agreement. To the contrary, however, Defendant was of the opinion that the original draft agreement, in most instances, correctly reflected the agreement of the parties. 6. The averments of Paragraph 6 are partially admitted and partially denied. It is admitted that the Plaintiff has made several attempts to have Defendant execute his version of an amended draft agreement to "accurately reflect" his understanding of the terms of the agreement. By way of further pleading, between September 11, 2008 and Spring of 2009, the Plaintiff surreptitiously attempted to use a realtor who was related to the Plaintiff's paramour without 2 Plaintiff or the realtor disclosing that fact to the Defendant. As a result of these acts of deception by both the Plaintiff and the realtor and the Plaintiff, Defendant became very leery of Plaintiff s on-going efforts to modify the terms of the Settlement Agreement. 7. The averments of Paragraph 7 are partially admitted and partially denied. A. The averments of Paragraph 7A are partially admitted and partially denied. It is admitted that Defendant has failed to pay Plaintiff rent of $525.00 per month as set forth in Paragraph 7a. Defendant has refused to do this as the result of the surreptitious action taken by the Plaintiff in his choice of listing agents for the property; the realtor's duplicity in dealing with the Defendant; and Plaintiffs failure to negotiate in good faith with prior realtors as concerns the reduction in the price of the property in order to effect the sale. B. The averments of Paragraph 7B are admitted. The terms of the settlement agreement were drafted pursuant to the exact terms which were negotiated between counsel for the parties and then again renegotiated just prior to the Master's Hearing. Nowhere in the terms of the settlement agreement is there any indication that the Defendant bear any portion of any costs associated with the election to name Defendant as the joint surviving annuitant under Plaintiff s federal retirement program. Plaintiff, in his drafting of the marital settlement agreement has demanded strict mirror adherence to the terms of the settlement agreement and now seeks deviation of any term which he believes is not favorable to himself. Defendant stands ready to execute a Marital Settlement Agreement which incorporates the exact language contained in the "Terms of Settlement Agreement" signed on September 11, 2008. C. The averments of Paragraph 7C are partially admitted and partially denied. It is admitted that Defendant refused to re-list the former marital residence for sale with Plaintiff's selected realtor, Kelly Clifford. Ms. Clifford is the daughter of Plaintiff's paramour. Plaintiff never revealed to Defendant or Defendant's counsel Ms. Clifford's relationship to his paramour prior to his sending of Ms. Clifford to Defendant's home to obtain listing information. Moreover, even prior to obtaining a signed Listing Agreement, Ms. Clifford listed the former marital residence for sale in the Multi List System. At the time of the interview, Defendant directly asked Ms. Clifford if she had a relationship of any sort with Plaintiff and/or Plaintiff's paramour. Ms. Clifford lied to Defendant and told Defendant she was Plaintiff's paramour's niece and not her daughter. At a later date, Ms. Clifford recanted her lie to the Defendant, admitted to Defendant her deception that she was in fact Plaintiff s paramour's daughter but still desired to list the property. In response, Defendant did not file a complaint with the State Real Estate Commission as concerns Ms. Clifford's deception and, instead, requested another agent from Plaintiff s chosen realtor, the Jack Gaughen Realtor, to list the property. 4 Despite having lied to Defendant, Ms. Clifford then demand that she be given a co-listing with the new Jack Gaughen agent which Defendant refused to consider. The new Jack Gaughen agent, Ms. Eberly, has at least on two occasions approached the Plaintiff to have the Plaintiff consider making necessary repairs to the former marital residence prior to signing an exclusive listing agreement. Plaintiff, despite verbally agreeing to make and pay for his share of the improvements, has failed to execute an exclusive listing agreement. It is denied that the former marital residence has not been listed for sale since April of 2009 as the result of Defendant's refusal to honor the settlement agreement but, instead, it is due to the Plaintiff's duplicitous actions, the actions of his paramour's daughter, and his unilateral refusal of failure to execute an exclusive listing agreement with the new Jack Gaughen listing agent. At no time had the Plaintiff met with or made an appointment with Ms. Eberly to sign a Listing Agreement. D. The averments of Paragraph 7D are partially admitted and partially denied. The property has remained unlisted as the result of Plaintiff's refusal or failure to execute an exclusive listing agreement and remains unlisted due to his failure to execute such an agreement. E. The averments of Paragraph 7E are partially admitted and partially denied. It is admitted that Plaintiff offered to accept the real property as part of his share of the equitable distribution at a price he alleged the parties would have netted if the former marital residence was sold at or near the suggested sales price recommended by Ms. Eberly but only if Defendant honored other discounts which discounts were not acceptable to Defendant. It is admitted that the former marital residence remains unlisted but not for the reasons set forth in Plaintiff's pleadings but, instead, for the reasons set forth in Defendant's Response to Paragraph 7C and 7F. F. The averments of Paragraph 7F are partially admitted and partially denied. It is admitted that Plaintiff agreed to use a new Jack Gaughen realtor. The new listing agent, Ms. Eberly, is associated with the Jack Gaughen agency, the realtor that Plaintiff had demanded the parties to use. The only difference was that the realtor Defendant suggested to be used by the parties is an experienced realtor with 30 years of past sales experience not a relatively new agent and the daughter of the Plaintiff's paramour. The parties agreed a listing agreement would be executed with an asking price of $299,000.00 and that the Plaintiff would provide to his counsel a final strike price that he would accept on the former marital residence. This understanding was reached in light of the fact that in the past, the real estate agent have not been able to quickly obtain information as to what 6 Plaintiff would agree to sell the property and by giving his attorney the authority to negotiate a final figure, and that such an arrangement would alleviate delays in the event an offer was obtained. To the contrary, it is denied that Defendant would not list the former marital residence unless this understanding was reached. Instead, it was agreed among counsel based upon the past experiences of the parties that this type of authority was needed in order to sell the property. Despite reaching this agreement, Plaintiff never contacted Ms. Eberly. G. The averments of Paragraph 7G are denied as set forth in the answers to Paragraphs 7C, D, E, and F. 8. The averments of Paragraph 8 are partially admitted and partially denied. It is admitted that there have been various phone calls and correspondence forwarded by Plaintiff's counsel to Defendant's counsel. However, Defendant's counsel has contacted Plaintiffs counsel regarding these various matters and has advised Plaintiff s counsel that various changes to the settlement agreement demanded by the Plaintiff to "mirror" the "Terms of the Settlement Agreement" would be honored as demanded by the Plaintiff. The difficulty arose when neither Plaintiff or Plaintiff s counsel would apply the same logic to the costs of the election of the joint survivor annuity benefit as required by the "Terms of the Settlement Agreement" in which agreement there was no provision as concerns the allocation of the cost of the election of the annuity with the exception that the parties agreed to share the costs, if any, of drafting a Qualified Domestic Relations Order (Paragraph 1, Terms of Settlement). Defendant's counsel indicated that until and unless Plaintiff recognized his requirement of strict adherence with the Terms of 7 the Settlement applied equally to both parties, Defendant was agreeable to simply incorporate the wording of the terms of the settlement with the Marital Settlement Agreement which position Plaintiff would not agree to. 9. The averments of Paragraph 9 are partially admitted and partially denied. It is admitted that, with the exception of one payment, the Defendant has not tendered to the Plaintiff the monthly rental payment she agreed to pay pursuant to the agreement for the reasons previously set forth in Paragraphs 7A - G. The balance of the allegations set forth in Paragraph 9 represent conclusions of law or fact to which a response is not required. 10. The averments of Paragraph 10 are denied. To the contrary, it is the realtor with 30 plus years of experience who has suggested making improvements prior to the listing of the former marital residence to which suggestions the Plaintiff has agreed by refused to sign the exclusive listing agreement for reasons unknown to the Defendant. 11. The averments of Paragraph 11 represent a conclusion of law or fact to which a response is not required. If it is later judicially determined that a response should have been filed, the averments are specifically denied. 12. The averments of Paragraph 12 are admitted. To the contrary, however, the Defendant has executed the Affidavit of Consent and Waiver of Notice and is not resisting a divorce decree being issued in this matter. Instead, when Plaintiff demanded that the settlement agreement, which Defendant and her counsel had drafted, mirror the exact wording of the "Term of Settlement. " Defendant agreed to make those modifications but then Plaintiff demanded a provision be placed in the Settlement Agreement that had not been included in the Terms of the Settlement Agreement, that being that the costs of the election of the joint survivor annuity be born by the Defendant. Defendant countered that since Plaintiff had demanded strict mirroring of the language of the Terms of Settlement in the Marital Settlement Agreement that the settlement agreement shall mirror the wording of the Terms of the Settlement Agreement as concerns the joint survivor annuitant provisions be placed in the settlement agreement. Plaintiff would not accept the terms of the settlement agreement to be drafted as worded in the Terms of Settlement regarding that issue. Therefore, it is the Plaintiff who has thwarted the finalization of the divorce action. If Plaintiff had simply agreed to the original draft marital settlement agreement, which included language from the September 11, 2008 terms of settlement as concerns the joint survivor annuitant, the document would have been signed and this matter would have been concluded. 13. The averments of Paragraph 13 are denied as set forth in the preceding paragraphs of this Response. 14. The averments of Paragraph 14 represent a conclusion of fact to which a response is not required. 15. The averments of Paragraph 15 represent a conclusion of fact or law to which a response is not required. 16. The averments of Paragraph 16 represent conclusions of law or fact to which a response is not required. 17. The averments of Paragraph 17 are admitted. 18. The averments of Paragraph 18 are admitted. 9 WHEREFORE, Defendant respectfully requests this Honorable Court to deny an Order enforcing the settlement entered of record on September 11, 2008 or, in the alternative, requests that the Court enter an Order directing that the terms of the Settlement Agreement as concerns the specific items set forth in the terms of settlement agreement dated September 11, 2008 be incorporated exactly as worded in a Marital Settlement Agreement with each party to bear the responsibility of any costs that are incurred in effecting the exact terms of that agreement. Respectfully submitted, CUNNINGHAM Date: .? /1I By: FF, P.C. Jgffan D. CAiningham, Esquire PA Supreme Court I.D. No. 23144 2320 North Second Street Harrisburg, PA 17110 Telephone: (717) 238-6570 F:\Home\AHEWITT\DOCS\Q-S\STRATCHKO, NANCY\response to motion to enforce 031010.wpd 10 VERIFICATION The undersigned verifies that the statements contained in the foregoing 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.A. §4904, relating to unsworn falsification to authorities. Dated: ! J40/dJEC'- Nanlky Katratc CERTIFICATE OF SERVICE I do hereby state that on the 16 day of March 2010,1 served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Joanne Harrison Clough, Esquire 3820 Market Street Camp Hill, PA 17011 An . H itt Legal Secretary > i 1 ? • ROBERT J. STRATCHKO, Plaintiff v. NANCY KAY STRATCHKO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVAL?!FA, c > NO. 05-3700 CIVIL TERM r ri v;-; ?--? . CIVIL ACTION - LAW . IN DIVORCE SETTLEMENT AGREEMENT The parties have reached final settlement which is set forth in the attached three documents: 1. Master's Hearing Transcript September 11, 2008 2. Terms of Settlement Agreement September 11, 2008 3. Six page Stratchko Marital Assets Full and Final Asset Distribution calculations executed by Plaintiff on 7-14-2011 and Defendant on 7-18-2011 Respectfully submitted, Joanne Harrison Clougtl E,?quire 3820 Market Street ?/ Camp Hill, PA 17011 (717) 737-5890 Counsel for Plaintiff Robert J. Stratchko a ?( J ? 1 ROBERT J. STRATCHKO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05 - 3700 CIVIL NANCY KAY STRATCHKO, Defendant IN DIVORCE THE MASTER: Today is Thursday, September 11, 2008. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing are the Plaintiff, Robert J. Stratchko, and his counsel Joanne Harrison Clough, and the Defendant, Nancy Kay Stratchko, and her counsel Jordan D. Cunningham. The action in divorce was commenced by the filing of a complaint on July 21, 2005, raising grounds for divorce of irretrievable breakdown of the marriage. Counsel have advised the Master that the parties are going to sign affidavits of consent and waivers of notice of intention to request entry of divorce decree today and the Master's office will file the affidavits and waivers with the Prothonotary's office. The divorce can then proceed under Section 3310(c) of the Domestic Relations Code. Previously a 3301(d) affidavit was filed by husband and the wife filed a counter-affidavit requesting the opportunity to raise economic claims. Economic claims were raised pursuant to a petition filed by wife on October 25, 2007. A claim raised by wife was equitable distribution. On October 1 t 29, 2007, an additional petition was filed raising claims for alimony, alimony pendente lite, and counsel fees and costs. The parties were married on May 12, 1979, and separated July 15, 2005. There were three children of this marriage, all of whom are emancipated. The Master has been advised that counsel are going to place on the record a statement regarding an understanding of a settlement agreement and then we are going to ask the parties to acknowledge their acquiescence in the terms of the agreement as placed on the record. Mr. Cunningham and Ms. Clough have indicated that the document that they are going to use, reflecting the settlement, is going to be marked as a Joint Exhibit and the parties will sign the exhibit acknowledging their understanding of the summary and the terms of settlement. It is further understood by the Master that counsel are going to amplify the agreement in the context of putting in other specific provisions but those provisions will not change the substantive terms of the agreement as stated on the record. Is that a correct statement? MR. CUNNINGHAM: That is a correct statement. THE MASTER: The substantive terms are in your exhibit but you may clarify/amplify by further provisions in a written agreement regarding the 2 I understanding of the parties? MR. CUNNINGHAM: And I will tell you that there is a technical aspect of a calculation -- we are going to have to rely upon either Mr. Leister or Mr. Cramer -- that may change a dollar figure here or there but the agreement says that we are going to use their formula and their guidance to get that figure. THE MASTER: The Master is going to request counsel to go on the record at this time and have the exhibit marked, the summary agreement marked as a joint exhibit, which has been done; and Mr. Cunningham is going to make some statements on the record regarding the understanding of the parties. Mr. Cunningham. MR. CUNNINGHAM: As between the parties, there is a memorandum which I have drafted which has been reviewed. The basic essence of this agreement is that we are attempting to effect a scheme of equitable distribution that transfers 550 of the fair market value or present value of the marital assets to wife and 45% to husband. There is also a provision for continuing alimony and terms and conditions regarding an exact amount, manner in which it is terminated. There is also a provision within the document that provides how a monthly benefit on an annuity which is in a true civil service retirement system will be calculated 3 to effect among the parties a 55/45% split, and with regard to the pension itself, there are terms that differ. It's to be a 50/50 distribution with regard to that asset but the difference to be made up in other assets, so that the total is a 55/45° split. All of those terms and the salient points of those terms are set forth in the memorandum which is marked Joint Exhibit No. 1. Both counsel have agreed that there are technical provisions that we are going to have to rely upon Conrad Seigel, Inc. to give us guidance in order to make various calculations since this, being a true civil service retirement annuity, there is a social security offset that we have to consider and in the manner in which to calculate a marital interest in the present value of that pension. We know what that figure is with the offset. We have a calculation that we have shown as an illustration that we believe is the correct manner in which to make that calculation by way of illustration to give guidance to others if for some reason there is a dispute as to how that was to be understood. We also have agreed as to a set asset value of various personalty which has been supported and can be supported with documentation. It is understood that if there is just a pure clerical error or a misstatement that the parties will be bound by the document and not the 4 t document that supports the joint exhibit, and not the values set forth on the joint exhibit. I don't think there is an error. We don't think there is an error; however, if we found there was a transposition, nobody is bound by the transposition or bound by the exhibit that supports it. The memorandum sets forth the salient terms. We have covered all of the major assets that we know about and have been revealed and disclosed and they break into three or four different types of categories. They are pensions; there are cash assets; there are bank accounts, and then there is personalty. And the one exhibit that has been attached to this particular document is a listing of personalty, which identifies with particularity, the items which still remain in the marital residence which Mr. Stratchko has the right to retrieve. There are four items that are specifically exempted and we have identified them in the memorandum. There is one last asset which is a house that has remained unsold and we have a formula for the manner in which to split the net proceeds of that sale and we have defined what a net proceed is within the terms of agreement. We also have an understanding that as we sit here today the current listing price of that property is $399,000.00. Effective today it will be reduced to $379,000.00. If the property does not sell within the next 5 I thirty (30) days, the parties will agree to again meet and discuss a reduction of the price. Both parties understand that they are being hurt financially by the property not selling. There is no mortgage on this property. We don't have mortgage (debt but certainly we are losing the use of the money if it was liquidated, and there is a current outstanding broker agreement for the property, exclusive sales agreement that, I believe, ends in April. If the property hasn't sold by then using John Glise, as the listing agent, the parties will then agree to use Jack Gaughen Realty and attempt to make the sale through them unless there is a pending sale that is in the works at that time. We have attempted to give enough specificity in the terms of the settlement agreement so that there won't be any difficulties -- I don't think there will be. Ms. Clough and myself have spent a number of hours yesterday talking about various items -- I don't think we will have a problem reaching an understanding. THE MASTER: Would you go on the record with your client to confirm and affirm what you just said? MR. CUNNINGHAM: Ms. Stratchko, prior to meeting with the Master and my rendition of this agreement, did we meet yesterday and discuss the terms that we talked about today? 6 MS. STRATCHKO: Yes. MR. CUNNINGHAM: Did you have an opportunity during the past hour to review this written document? MS. STRATCHKO: Yes. MR. CUNNINGHAM: And did I review it with you and point out where minor differences occurred from what we discussed last night? MS. STRATCHKO: Yes. MR. CUNNINGHAM: And do you agree and approve that this was your understanding? MS. STRATCHKO: Yes. MS. CLOUGH: Mr. Stratchko, have you had an opportunity to review this agreement today with me? MR. STRATCHKO: Yes. MS. CLOUGH: And do you agree with the equitable distribution scheme and the alimony scheme that is set forth in this agreement? MR. STRATCHKO: Yes. MS. CLOUGH: And it is your intent to be bound by that today? MR. STRATCHKO: Yes. MS. CLOUGH: Although you do know that we need to draft a more detailed document on how to actually 7 implement this agreement? MR. STRATCHKO: Yes. THE MASTER: Thank you, parties and counsel. 8 y ?. V MEMORANDUM Re: ROBERT J. STRATCHKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-3700 NANCY STRATCHKO, Defendant CIVIL ACTION - LAW IN DIVORCE Subject: TERMS OF SETTLEMENT AGREEMENT Date: September 11, 2008 File No.: 404408 The purpose of this Memorandum is to memorialize the salient terms of an Agreement reached between the parties and their respective counsel with reference to a global settlement of the above captioned divorce action. It is the intention of the parties that the terms of this Agreement will be reduced to a more formal understanding and incorporated in a Divorce Decree. The parties have attempted to affect a scheme of equitable distribution and do by the terms of this Agreement, agree to a scheme of equitable distribution in which 55% of the fair market value and/or present value of marital assets are being transferred to Nancy Stratchko and 45% of the value of said assets to Robert Stratchko. In order to affect the agreed upon scheme of equitable distribution, the parties due to the nature of the assets will be required to transfer ownership of various assets between each other in order to affect the scheme of equitable distribution envisioned by this Agreement. To the end, the parties agree that they will execute any and all necessary documents in order to reach this understanding. At this juncture, the 1 .P parties agree to the following: 1. Robert Stratchko shall irrevocably name Nancy Stratchko in his application for retirement benefits as the joint survivor annuitant of his civil service retirement pension to receive survivor benefits and will execute all documents necessary to irrevocably elect the Survivor/Joint Survivor Annuitant option with regard to the monthly annuitant payments to be paid by the Civil Service Retirement System through the Office of Personnel Management. To effect the terms of this understanding, it is understood by the parties that a Settlement Agreement will be drafted providing for the irrevocable election for survivor benefits to be filed by Robert Stratchko at the time of his retirement and a QDRO providing a monthly benefit to be paid to Nancy Stratchko. The parties agree that they shall share the cost, if any, of drafting the QDRO. 2. Robert Stratchko shall pay to Nancy Stratchko alimony in the amount of $1,174.00 per month, payments of which shall begin upon the termination of the spousal support Order currently in effect to be immediately replaced by an Alimony Order to be collected and distributed by the Cumberland County Office of Domestic Relations. The alimony payment shall continue until Robert Stratchko retires from his employment with the federal government. The amount of alimony shall not be subject to either increase or decrease during the period it is being (/rwe' 44'-f ?-? ?S paid! The payment is terminable upon Robert Stratchko's death, if he dies prior to his retirement from his employment with the federal government. In the event Robert Stratchko retires from his employment with the federal government, he shall give notice to Nancy Stratchko and the Office of Domestic Relations and in the event it is proven he has retired from employment with the federal government, the alimony order shall be reduced to $1.00 per year effective from the date of his retirement. In the event Robert Stratchko again becomes employed after he retires as an 2 employee, an independent subcontractor, or in any other capacity and his compensation, whether paid as income, stocks, options, or any other form of remuneration such as the fair market value of the use of vehicles, Nancy Stratchko will again be eligible to petition the Court for modification of the Alimony Order if, and only if, Robert Stratchki's total income or remuneration from all sources exceeds $40,250.00 ($35,000.00 Nancy Stratchko's base salary - 2008 + 15% _ $40,250.00),1 In determining the amount of support, the parties agree that the Court shall ignore as income, although taxable as income, any monie6paid to either party from the 1,WAg Civil Service Retirement System as such monies are more properly categorized as equitable distribution of marital property and not as income. Likewise, any income received by Nancy Stratchko from a Capital Blue Cross Capital Blue Shield retirement system will also not be counted as income as it was distributed to her in kind as an equitable distribution of marital property. Between the point of the beginning of the payment of the first alimony to Robert Stratchko's 55`n birthday (March 5, 1956), Nancy Stratchko will not lose her right to receive the alimony if she remarries and/or co-habitats with a member of the opposite sex. After Robert Stratchko's 55`h birthday in the event Nancy Stratchko is still receiving alimony as the result of the terms of this Agreement, the alimony payment shall be subject to termination upon her remarriage and/or co-habitation with a member of the opposite sex but no other change of circumstance. The parties have agreed that various marital assets have agreed upon values for purposes of determining equitable distribution. The assets and their values, with the exception of the former marital residence and items of personalty, the parties have agreed upon are set forth in /ZOO"- the attached Exhibit "A", which exhibit equals $830,363.67. 4. The parties own. a parcel of real estate with a single family house erected thereon, which property is currently listed for sale. The parties have agreed that 1 24 will receive S'S17 0VJ F{vi?Cy.Q fo of the net proceeds from the sale, net procee s defined as agreed upon sales price less real estate brokers commissions, transfer taxes, real estate taxes, deed and doc ent preparation costs, seller's assistance (if any), and any radiation remediation necessary obert Stratchko will make up to 5% difference from other artial or non-marital assets to effect the 55/45% scheme of equitable distribution. Nan tratchko shall have the right to continue to reside in the former marital residence. No rent will be owed or credited for the months of October, November, or December 2008. In the event the former marital residence is not sold by December 31, 2008 and Nancy Stratchko continues to reside in the property, she shall pay to Robert Stratchko the sum of $525.00 per month representing his one-half interest in the fair rental value less credit for Nancy Stratchko's payment of insurance and taxes. Nancy Stratchko shall have the right to vacate the former marital residence at any time and not pay any rent. Any taxes or insurance for which a credit is given upon sale fo the property for period after January 1, 2009 shall be paid to Nancy Stratchko as a reimbursement prior to division of net proceeds. 5. Retirement System Annuity. The annuity has a present marital value of $610,732.00. The parties agree that Nancy Stratchko shall receive a portion of the monthly annuity provided by the Civil Service Retirement System upon its being placed in pay status and the parties further agree that the portion to paid to Nancy Stratchko shall be calculate4ursuant _ v to a formula suggested by Harry Leister and Jonathan Cramer, under which formula annuity payment shall be paid to Nancy Stratchko as a form of equitable distribution of marital assets. The remaining balance of the monthly annuity shall be paid to Robert Stratchko as part of an 4 { / equitable distribution of marital property. The formula which has been provided to Robert Stratchko's counsel and Nancy Stratchko's counsel that the accrued pension at December 31, 2007 would pay $4,796.00 per month. Of the monthly payment, 85.6% is marital in nature. The pension has a social security offset. The present value of the social security offset equals $171,572.00. The present value of the CSRS Pension earned during the marriage equals $782,304.00. The net present value of the pension earned during the marriage equals $610,732.00 ($782,304.00 - $171,572.00 = $610,732.00) by a formula. The formula takes the assigned marital interest in the net present value of the pension earned during the marriage and divides it into the present value of the CSRS Pension earned during the marriage times the marital portion of the monthly annuity payment. Under the current formula as understood by counsel and to be later perfected by either Mr. Leister or Mr. Cramer, the marital portion of the monthly annuity payment to be assigned to Nancy Stratchko can be determined. By way of illustration, if $300,000.00 of value in the CSRS were assigned to Nancy Stratchko, the $300,000.00 would be divided into the present value of $782,304.00, leaving a percentage of 41.19% times the marital value of the monthly annuity $4,105.38 ($4,796.00 x .856 = $4,105.38) equaling a monthly amount of $1,691.07 plus COLAS to Nancy Stratchko. It is understood and agreed between the parties that the final formula to be used and set forth in a QDRO will be that which is suggested by either Mr. Leister or Mr. Cramer. As part of the understanding, as a result of only 50% of the net value GLdw-sae of the °' r°°idpn^° being assigned to Nancy Stratchko, an additional 5% will be compensated for in order to equalize a 55/45% of marital assets by assigning either cash as ets or present value in the CCRS pension to achieve the desired split of marital assets. 6. Robert Stratchko will retain all items of personalty, including motor vehicles, in his possession. Nancy Stratchko will retain all items of personalty, including motor vehicles, in her possession. Additionally, Robert Stratchko will receive all of the items set forth in Exhibit "B" attached to this Memorandum with the exception of the watercolor painting of the former marital residence, the corner cupboard, the dry sink, the knickknack shelve, and he will execute an Affidavit that his wedding band has been lost and cannot be found after diligent search, including his safe deposit box or if he finds the ring, he will in the future transfer ownership of the ring to Nancy Stratchko. With regard to a 30/30 rifle, Robert Stratchko will make a request to his father that his father gift the rifle to his son. Robert Stratchko will advise his counsel as to whether his father has agreed to the request and his counsel will advise Nancy Stratchko's counsel of the answer. As concerns the three (3) furniture items (the dry sink, the corner cupboard, and knickknack shelf), there shall be a credit given to Robert Stratchko of $1,800.00. 7. Nancy Stratchko has resided at the former marital residence. A period of 36 months has passed since the date of separation. The fair market rental value for the property has been calculated to be $1,500.00 per month. Robert Stratchko is therefore entitled to a credit of $27,000.00. During the same period, however, Nancy Stratchko has paid the taxes and maintained the property and added additional improvements to the property. The parties hereby recognize that approximately $9,000.00 in insurance and real estate taxes have been paid by Nancy Stratchko as well as improvements in the property equaling $3,996.00 for carpet and vinyl and an additional $4,300.00 for the repair of french doors. As a result, the total credit to be paid to Robert Stratchko in analyzing the overall equitable distribution is $15,952.00 plus an additional $1,800.00 representing the value of the dry sink, corner cupboard, and knickknack 6 shelf for a total of $17,752.00. READ AND APPROVED THIS ILtId'ay of September, 2008. Robert Str ?Ao N y Strat o F:\Home\AHEWITT\DOCS\Q-S\STRATCHKO, NANCY\Memo 091108.wpd Nancy Stratchko Asset Listings as of July 15, 2005 HUSBAND Asset Value WIFE Asset Value Asset Description Asset Description 1. 1996 Chevy Tahoe $2,715.00 1. 2002 Chevy Trail $0 .00 Blazer 2. 2001 GMC Sonoma 5,160.00 2. Sovereign Bank Checking Account No. 247104689 190.78 3. Members 1" Sovereign Bank Checking Account No. I Checking Account 163591-11 L 2,894.30 No.2474011562 0.00 Members 1P' Savings Account No. 163591-00 1,003.66 3. Commerce Bank Account No. 0537112732 0.00 Members 1" Commerce Bank Money Management Account No. Account No. 163591-05 2,427.04 0626674758 0.00 Account Opened 09/06/05 I L " Members 1" 3. Members 1 IRA Account No. 2,678.95 Checking Account 163591-10 Balance 812008 No. 22045-11 904.83 2,827.27 " " Members 1 5,882.75 Members 1 12 Month IRA Account Balance 812008 Savings Account No. 163591-15 6,592.15 No. 22045-00 42.44 " Members 1" 5,882.75 Members 1 12 Month IRA Account Balance 812008 Checking Account No. 163591-16 6,592.15 No. 325.00 270975-11 ` Members 1" 5,882.75 Members 1' 12 Month IRA Account Balance 812008 Savings Account No. 163591-17 6,592.15 No. 270975-00 25.00 4. PSECU Members 1" Savings Account No. Savings Account t 188-46-0037 583.00 No. 22044-00 171.92 HUSBAND Asset Value U WIFE Asset Value Asset Description Asset Description PSECU Members 1" Checking Account No. $52.38 Money $145.70 188-46-0037 Management Account No. 22044-05 5. New Cumberland Members 1," $15,848.80 Federal Credit Union IRA Account No. Balance 812008 Account No. 070160-51 $840.82 270975-16 17,809.82 New Cumberland 5. Navy Federal Federal Credit Union Credit Union Account No. 070160-54 100.00 Account No. 0586310001 130.48 Savings 6. Navy Federal Credit 6. Capital Blue 21,160.90 Union Account No. Cross Balance 812008 0568157002 78.31 401(K) 25,E-58.00 7. CSTS Thrift Plan 78,375.05 7. Capital Blue 22,315.00 Balance 812008 Cross 113,735.03 Pension 8. Financial Network 25,810.12 1111 Personal IRA Balance 812008 36.332.60 9. E-TRADE Financial Account No. 6444-6216 624.50 JLJ I 10. ING Direct Account No. 4030292 109.03 11. Petty cash 2,000.00 12. CCRS ("--610,732. 0 TOTAL ASSETS $718,722.21 TOTAL ASSETS $59,600.88 (HUSBAND) Balance 812008 (WIFE) Balance 812008 $764.604.67 $65,759.00 r Total Assets Balance as of August 2008 Husband $764,604.67 Wife $65,759.00 Combined $830,363.67 F:\Home\AIEW ITT\OOCS\Q-S\STRATCHKO, NANCY\As et Listing as of 071505 redraft 091109.wpd 02:54pm From-M 717 541 3406 T-037 P.004/013 F-307 P AttaebmentLo. _ It s h w uld-Itkeback ,Wildffc cemraics and lamps. - P nVt4 VAiL C_ W11 Trains i Ski vest and boat parts - Z ? v'?hC+a?- Step ladder - present fmm uncle riob - p Shop vac - pres? h vaole rich -- Q Lionise plaice W h ch. ts?v-? Psessurecookar ?P mou I bc?Stratchko sign outfr(at was??n01''-? ?' and anything otber shoe wants me to talk at the thee. Other marital items ws11 we to be nagodaw at a leery tame, • Comer Cabinet„ dry sink and shelf I made. - W ?. r n?c.te?s S o0 • V94" 'er'I made and fmnts sister-in-law painted ?W Gmsld Putt G nesee U_? print Bob Travem Print r„?Y U•P,biOe- nt¢d 3 Bear Print - ? House watercolor painting "KO Tnew Nanny's Bed and dressers- Spull TV combo TV and VCR in master bedroom Combo DVD and VCR -- P Deer rac a , P Beige Shol units in bank room -Bar, stools,Zota' fridge mad bar supplies )_ Bees Tncister - p .. l nfinatedA= liod?.and:54b B0 of m% 9 s e"M • Fiuomcamt dean lamp FhUxacaat magnifying lamp Yad and b==way Bells I Model cabinet and models - Yellow work B& 3? SWgUgchairs - t?inclt-??ch h4s oSS?sS? art Thp' stuff . SboQtiAg ben f1?+? ch '? 31n?,d or b ess wagon Oiatsd, dpd's pictures -- Son; Flauogy pictuues .A copy 'of fmm jly christ= taps Raystown water siding cape b4SC =f'Pin basermemt -R FMSO mugs - ? Motion detector o$deck-1? Remote doer camera - P (C Club ? S pos?atee\d tJor-eAl Ik -De- C. STRATCHKO MARITAL ASSETS 1. TOTAL MARITAL ASSETS INCLUDING CSRS PENSION IN ESCROW Escrow 1 Marital residence sale proceeds in Escrow $ 263,132.66 Husband 2 1996 Chevy Tahoe $ 2,715.00 Husband 3 2001 GNC Sonoma $ 5,160.00 Husband 4 Member's 1st Checking 163591-11 $ 2,894.30 Husband 5 Member's 1st Savings 163591-00 $ 1,003.66 Husband 6 Member's 1st Money Management Balance on June 7, 2011 $ 2,427.04 Husband 7 Member's 1st IRA 163591-10 Balance on June 7, 2011 $ 2,875.62 Husband 8 Member's 1st IRA 163591-15 Balance on June 7, 2011 $ 6,936.67 Husband 9 Member's 1st IRA 163591-16 Balance on June 7, 2011 $ 6,936.67 Husband 10 Member's 1st IRA 163591-4.7 Balance on June 7, 2011 $ 6,936.67 Husband 11 PSECU Savings 188-46-0037 $ 583.00 Husband 12 PSECU Checking $ 52.38 Husband 13 NCFCU Checking 070160-51 $ 840.82 Husband 14 NCFCU Checking 070160-54 $ 100.00 Husband 15 NFCU Savings 0568157002 $ 78.31 Husband 16 CSRS Thrift Plan with post separation increase on marital portion $ 100,510.58 Husband 17 Financial Netword (Interest Financial) Personal IRA balance on April 30, 2011 $ 39,700.02 Husband 18 E Trade 6444-6216 $ 624.50 Husband 19 ING Direct $ 109.03 Husband 20 Petty Cash $ 2,000.00 Husband 21 CSRS Present value less Social Security Per Cramer letter of April 5, 2011 $ 974,412.00 Wife 22 Cash Value of Wife's Survivor Benefit $ 120,859.00 Wife 23 2002 Chevy Trail Blazer $ - Wife 24 Sovereign Checking 24704689 $ 190.78 Wife 25 Sovereign Checking 247011562 $ - Wife 26 Commerce Bank 0537112732 $ - Wife 27 Commerce Bank 0626674758 $ - Wife 28 Member's 1st Checking 22045-11 $ 904.83 Wife 29 Member's 1 st Savings 22045-00 $ 42.44 Wife 30 Member's 1st Checking 270975-11 $ 325.00 Wife 31 Member's 1 st Savings 270975-00 $ 25.00 Wife 32 Member's 1 st Savings 22044-00 $ 171.92 Wife 33 Member's 1st Savings 22044-05 $ 145.70 Wife 34 Member's 1st IRA 270975-16 2008 Liquidation value $ 18,032.00 Wife 35 NFCU Savings 0586310001 $ 130.48 Wife 36 Capital Blue Cross 401 K including post separation earnings on marital portion at 5.3% $ 27,497.53 Wife 37 Capital Blue Cross Pension updated valuation $ 33,808.00 TOTAL TOTAL $1,622,161.61 F.\Home\AHEWITT\DOCS\Q-S\STRATCHKO, NANCY\MATRIX CHARTS July 2011\TOTAL MARITAL ASSETS CHART JDC Revise 071111 CLEAN.doc A. BOB STRATCHKO'S ASSET LIST Bob's 50% of Marital portion of CSRS $ 487,206.00 1996 Chevy Tahoe $ 2,715.00 2001 GNC Sonoma $ 5,160.00 Member's 1st Checking 163591-11 $ 2,894.30 Member's 1st Savings 163591-00 $ 1,003.66 Member's 1st Money Management Balance on June 7, 2011 $ 2,427.04 Member's 1st IRA 163591-10 Balance on June 7, 2011 $ 2,875.62 Member's 1st IRA 163591-15 Balance on June 7, 2011 $ 6,936.67 Member's 1st IRA 163591-16 Balance on June 7, 2011 $ 6,936.67 Member's 1st IRA 163591-17 Balance on June 7, 2011 $ 6,936.67 PSECU Savings 188-46-0037 $ 583.00 PSECU Checking $ 52.38 NCFCU Checking 070160-51 $ 840.82 NCFCU Checking 070160-54 $ 100.00 NFCU Savings 0568157002 $ 78.31 CSRS Thrift Plan with post separation increase on marital portion $ 100,510.58 Financial Netword (Interest Financial) Personal IRA balance on April 30, 2011 $ 39,700.02 E Trade 6444-6216 $ 624.50 ING Direct $ 109.03 Petty Cash $ 2,000.00 $ 669,690.27 B. NANCY STRATCHKO'S ASSET LIST 50% Of Marital portion of CSRS per QDRO $ 487,206.00 Cash Value of Wife's Survivor Benefit $ 120,859.00 2002 Chevy Trail Blazer $ - Sovereign Checking 24704689 $ 190.78 Sovereign Checking 247011562 $ - Commerce Bank 0537112732 $ - Commerce Bank 0626674758 $ - Member's 1st Checking 22045-11 $ 904.83 Member's 1st Savings 22045-00 $ 42.44 Member's 1st Checking 270975-11 $ 325.00 Member's 1 st Savings 270975-00 $ 25.00 Member's 1st Savings 22044-00 $ 171.92 Member's 1 st Savings 22044-05 $ 145.70 Member's 1st IRA 270975-16 2008 Liquidation value $ 18,032.00 NFCU Savings 0586310001 $ 130.48 Capital Blue Cross 401 K including post separation earnings on marital portion at 5.3% Interest $ 27,497.53 Capital Blue Cross Pension updated valuation $ 33,808.00 TOTAL $ 689,338.68 C. HOUSE ESCROW $ 263,132.66 TOTAL $ 1,622,161.61 F\Home\AHEWITT\DOCS\Q-S\STRATCHKO, NANCY\MATRIX CHARTS July 2011\ASSET LIST JDC Revise 071111.doc II. 55% WIFE 45% HUSBAND GROSS DISTRIBUTION BEFORE OFFSET A. CALCULATIONS: WIFE: 1,622,161.61 marital estate X 55%= 892,188.89 HUSBAND: 1,622,161.61 marital estate X 45% = TOTAL In kind assets to HUSBAND: Plus cash to equal 45% = Gross 45% Distribution to HUSBAND: In kind assets to WIFE: Plus house cash to equal 55% Gross 55% Distribution to WIFE 729,972.72 1,622,161.61 669,690.27 + 60,282.45 729,972.72 689,338.68 +202,850.21 892,188.89 B. DISTRIBUTION TO BOB OF 45% BEFORE OFFSETS BOB OWES NANCY Bob's 45% gross distribution: Cash from House Proceeds: 60,282.45 Plus Bob's in kind distribution + 669,690.27 Bob's 45% 729,927.72 C. DISTRIBUTION TO NANCY OF 55% BEFORE OFFSETS NANCY OWES BOB Nancy's 55% gross distribution: Cash from House Proceeds: 202,850.21 Plus Nancy's in kind distribution: + 689,338.68 Nancy's 55% 892,188.89 Pre offsets: Nancy $ 892,188.89 Bob $ 729,972.72 TOTAL $1,622,161.61 F:\Home\AHEW ITT\DOCS\Q-S\STRATCHKO, NANCY\MATRIX CHARTS July 2011\DISTRIBUTION B4 OFFSET JDC Revise 071111.doc III. ADJUSTMENTS/OFFSETS EACH PARTY OWES OTHER PARTY A. HUSBAND OWES WIFE 1. 50% of Home Improvements total of $ 9,784.59 $19,569.18 as recommended by Mary Eberly if documented by receipts 2. 50% of repairs purchases requested by $ 2,844.28 Jill Munro $5,688.55 3. 50% of repairs made to air conditioning, plumbing $ 1,480.76 tractor, miscellaneous repairs (invoices forwarded to Ms. Clough on July 7, 2009, with no objection received, $2,961.52 4. (a) 50% of taxes for 36 months $ 3,473.54 $6,947.07 (b) 50% of the insurance for 36 months $ 1,869.80 $3,739.60 Total Husband Owes Wife $ 19,452.97 B. WIFE OWES HUSBAND 1. Dining room/furniture purchase $ 1,800.00 2. Rent for 20 months at $525.00 $ 10,500.00 3. Boat Insurance refund $ 244.00 4 Rent for 36 months at $750.00 $ 27,000.00 Total Wife Owes Husband $ 39,544.00 TOTAL WIFE OWES HUBAND $ 20,091.03 IV. FINAL ADJUSTED DISTRIBUTION A. 55% Gross distribution due Nancy Strachko $ 892,188.89 Nancy Stratchko gross house proceeds for 55% distribution $ 202,850.21 Less net offset Nancy owes to Bob per III. -20.091.03 Adjusted house proceeds due Nancy $ 182,759.18 B. 45% Gross distribution due Bob Stratchko $ 729,972.72 Bob Stratchko Gross house proceeds $ 60,282.45 Plus net offset owed by Nancy to Bob $ +20,091.03 TOTAL ADJUSTED HOUSE PROCEEDS DUE BOB $ 80,373.48 C. Adjusted Distribution of house escrow after offset Nancy receives $ 182,759.18 Bob receives $ 80,373.48 TOTAL HOUSE ESCROW $ 263,132.66 We, Nancy Kay Stratchko and Robert J. Stratchko, hereby acknowledge and accept as accurate the above five (5) pages of calculations and distributions as accurate and full and final distribution of our marital estate together with the QDRO we each sep ately shall execute Jo s o g Es wire Rol) J. ratchko Date J d . Cunningham, Esquire 6 Ka Stratchko D Ate ADDENDUM EXPLAINING DISTRIBUTION FOR CSRS RETIREMENT WIFE to receive 50% of marital portion of HUSBAND'S retirement via QDRO prepared by Jon Cramer per his letter of April 5, 2011 actual QDRO to be signed by parties. PLUS WIFE to receive 5% lump sum cash payment of $48,720.60* to equal 55% of marital portion of retirement. * Calculated per Jon Cramer Report of April 6, 2011 Page 3. Net marital present value = $974,412.00 with Survivor Benefit $974,412.00 X 5% = $48,720.60 Lump sum cash payment due to Nancy (part of her house proceeds distribution) F:Ulome\AHEWIMDOCSIQ-SVSTRATCHKO, NANCY\MATRIX CHARTS July 2011\EXPLAINATION FOR CSRS RETIREMENT Clough Base Doc.doc CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing Petition via United States First Class Mail to the following individual set forth below: Jordan D. Cunningham, Esquire CUNNINGHAM & CHERNICOFF, P.C. PO Box 60457 Harrisburg, PA 17106-0457 Counsel for Defendant Nancy Kay Stratchko Date: 0 Z- -k ? Harrison Clough, Esquire Attorney ID No. 36461 ? 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Robert Stratchko ROBERT J. STRATCHIKO • THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 3700 CIVIL C NANCY KAY STRATCHKO, MW .w = ?-TI Defendant IN DIVORCE:' C7 f CJ ED ORDER OF COURT AND NOW, this a day of 2011, the economic claims raised in the proceedings having been resolved in accordance with a settlement agreement which includes a six page Stratchko marital assets full and final asset distribution calculation agreed to July 14, 2011 by the Plaintiff and July 18, 2011, by the Defendant, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ? Joanne Harrison Clough Attorney for Plaintiff Jordon D. Cunningham Attorney for Defendant Kevin d ++'' 0-L i65 µ :D-OFFIGE I-E 'q 0 TH0N'OTAR JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff ROBERT J. STRATCHKO, Plaintiff V. NANCY KAY STRATCHKO, Defendant '2011 AUG I I AID If: 03 .IJMBERLAND COUNTY ir'ENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3700 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER § 3301 (c) OF THE DIVORCE CODE 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 § 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (a) Date of service: October 13, 2005 (b) Manner of service: Personal Service/hand delivery. Affidavit of Service filed: October 18, 2005 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: (a) By the Plaintiff: signed on September 11, 2008 and filed on September 12, 2008. (b) By the Defendant: signed on September 11, 2008 and filed on September 12, 2008. 4. Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (c) By the Plaintiff. signed on September 11, 2008 and filed on September 12, 2008.By the Defendant: signed on September 11, 2008 and filed on September 12, 2008. 5. Related claims pending: NONE DATED: l U, -\\, ? jkl-? I Joanne H ison Clough, Es ui Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Robert J. Stratchko IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT J. STRATCHKO V. NANCY AY STRATCHKO NO. 05-3700 DIVORCE DECREE AND NOW, „ v 14 , ac / ? , it is ordered and decreed that ROBERT J. STRATCHKO plaintiff, and NANCY KAY STRATC HK , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") It is further ordered, adjudged and decreed, that the terms of the parties' Settlement Agreement filed on August 2, 2011 with the Court of Common Pleas of Cumberland County are incorporated herein but not merged herewith. By the Court, 14 la J. yoNld D. Bvell, Prothonotary 9-/7. eeW copy lleol -/v ,a, led 61 Robert J. Stratchko IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PEN*§YI V6k d vs. r"W a ? rn C) r -urn Nancy K. Stratchko NO. 05-3700 CIVIL TERM cnC7 N it?Q Defendant r z =o ?' DOMESTIC RELATIONS ORDER =CD x cn 1. This Domestic Relations Order ("DRO") creates and recognizes the existence:?'the- = Alternate Payee's right to receive a portion of the benefits payable with respect to the Employee. It is intended to constitute a Court Order Acceptable for Processing ("COAP") under final regulations issued by the United States Office of Personnel Management COPM"). This DRO applies to the Civil Service Retirement System ("CSRS") and any successor thereto. The court has considered the requirements and standard terminology in Part 838 of Title 5, Code of Federal Regulations. The terminology used in the provisions of this Order that concern benefits under the Civil Service Retirement System are governed by the standard conventions established in that part. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania and in accordance with Part 838 of Title 5, Code of Federal Regulations. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. Robert J. Stratchko ('Employee") is a Member of CSRS. Nancy K Stratchko ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Employee's name, mailing address, Social Security number and date of birth are: Robert J. Stratchko 9 South Humer Street Enola, PA 17025 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Nancy K. Stratchko &W 'r 6 l? C..4.n? N«F ?'f i 7o?Dl Social Security No.: See Addendum Date of Birth: See Addendum It is the responsibility of the Alternate Payee to keep a current mailing address on file with the OPM at all times. 7. The Employee is or will be eligible for retirement benefits under the CSRS based on his employment with the United State Government. The Alternate Payee is entitled to a portion of the Employee's monthly annuity under the CSRS as set forth below. 8. This DRO assigns to Alternate Payee $1,802.00 per month of the Employee's self-only monthly annuity payable by the CSRS. When Cost-of-Living Adjustments ("COLA") are applied to Employee's retirement benefits post-retirement, the same post-retirement COLA shall apply to the Alternate Payee's share. The OPM is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 9. Payments to Alternate Payee shall commence on the date payments commence to the Employee. Employee agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. 10. Payments shall continue to Alternate Payee for the remainder of the Employee's lifetime. If the Alternate Payee dies before the Employee, the Alternate Payee's share of the Employee's annuity shall be paid to the Alternate Payee's estate for the remainder of Employee's lifetime. 11. If Employee leaves Federal service before retirement and applies for a refund of employee contributions under the CSRS, the OPM is directed not to pay the Employee a refund of such employee contributions. 12. Under Section 8341(h)(1) of Title 5, United States Code, the Alternate Payee is awarded a former spouse survivor annuity. If the Employee dies before or after his benefits commence, the amount of the survivor annuity payable to the Alternate Payee shall be calculated such that she receives $1,970.00 per month as a survivor annuity. Such survivor annuity shall be increased with COLAs from the Employee's date of retirement or death as applicable. The costs associated with providing this former spouse survivor annuity coverage shall be deducted from the Employee's portion of the monthly annuity. Employee agrees to take all necessary steps to elect Alternate Payee as designated beneficiary for the purposes of establishing and sustaining such former spouse survivor annuity for Alternate Payee. 13. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Employee. The Alternate Payee is not entitled to any benefit not otherwise provided by the CSRS. The Alternate Payee is only entitled to the specific benefits offered by the CSRS as provided in this Order. All other rights, privileges and options offered by the CSRS not granted to Alternate Payee are preserved for the Employee. 14. The OPM shall issue individual tax forms to the Employee and Alternate Payee for amounts paid to each such person. 15. In the event that OPM inadvertently pays to the Employee any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Employee shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event OPM inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Employee to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Employee within ten (10) days of receipt. 16. In the event the Employee makes a one-time irrevocable election to transfer into the Federal Employees Retirement System ("FERS") before his retirement, then Alternate Payee shall be entitled to a portion of the Employee's Basic Annuity and/or a Refund of employee contributions under FERS calculated in a manner similar to that which is enumerated in Sections 8 through 12 above for the annuity and refund, respectively, and payable directly from FERS. Additionally, Alternate Payee shall be entitled to a former spouse survivor annuity payable under FERS and determined in a similar manner to the survivor benefits set forth under Section 13 above. Further, such former spouse survivor annuity shall be payable directly from FERS. 17. If Employee takes any action that prevents, decreases, or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Employee. 18. The OPM shall notify the Alternate Payee and her legal representative when the Employee makes an application for any benefit payments or withdrawals from the CSRS. 19. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the CSRS to provide any form of benefit or any option not otherwise provided by the CSRS, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. Accepted and Ordered this 2 y day of /? d4 z&/ BY THE COURT CONSENT TO ORDER: 1111111 0; laint' Employee D to Attorney for PI Employee -2.- Date Judge / Alternate Payee 71-Z 71/ orn or Defendant / Date Alternate Payee v Joanne ?an'i?on ?(o??, ? ?, Gies ? ?( JorY?Gx? D .CUtlni 11q?lOtf? ,, 77i?