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Home My WebLink About01-3642 ~-2?;rtI' fr: ~ ~t7/ynI 71!p?U, ~??lr~~~ r;J -c:c?' he - O( er:? ' h'r - ~ SHIRLEY A. MORNINGSTAR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01 - 3642 Civil Term DONALD E. MORNINGSTAR, : ACTION IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 93301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail. restricted delivery. return receipt requested. delivered on: Co ; I Cj _ () / 3. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: By Plaintiff: 9, /0 0' . /0 o'~ O~ By Defendant: 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: 9, l ~ ' 0 .~ Date Plaintiffs Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: Cj' I (0. cr ~ Date: to./ll O~ Respectfully su~ a e Adams, Esquire I. . No. 79465 36 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff o N o (') -c' + I\J ...... N o ro ~ ~ SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 0 1- 3<..0 '-{ J- Civil Term DONALD E. MORNINGSTAR, Defendant : ACTION 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 A venue Carlisle, Pa. 17013 (717) 249-3166 SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 0 I, 3<.,. V.:L Civil Term DONALD E. MORNINGSTAR, Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Shirley A. Morningstar, a competent adult individual, who has resided in Newburg, Cumberland County, Pennsylvania, since 1961. 2. Defendant is Donald E. Morningstar, a competent adult individual, who has resided in Newburg, Cumberland County, Pennsylvania, since 1961. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 29, 1958 in Mifflin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 7. Plaintiff and Defendant have two children together, both of which are over the age of eighteen and are competent adult individuals. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. .. ' 10. The Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken; and/or (b) That the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date:C'/3-01 Respectfully submitted, fir/) -fj?-~ e Adams, Esquire LD. No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF Cj CJ 0 ~~; ..,-' , '-- ~~_: r. .,'..-- ~ :;:.:' .. ~ en c. ~,-... ~ r- r:: I... ?:~~ --'~.... v-l C. - , .. ~. L.-) /,,--, C ~.-' - .......~ "...11 C> =< "" to ...l:\ .3:> '} r~ ~ "-...l ~ ~ r '" ~ -... -... ~ ......l '^ c.... ~ ' \ - ~ 0 J ~ t t SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01 - 3642 Civil Term DONALD E. MORNINGSTAR, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on ~')j_IO) . 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. oate#. JJ1 ~ 'J- WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1, I consent to 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 unsworn falsification to authorities. oate~}/P\ (Hx; 1-- -t o N - ~ '":'":- N ; c::; f'''_J -..., ""1 -J (....., '0 SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 01 - 3642 Civil Term DONALD E. MORNINGSTAR, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT e;/. 1. A complaint in divorce under section 330 1 (c) of the Divorce Code was filed on ./ ~ /C7 f . -- f / 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa,C.S. 4904, relating to unsworn falsification to authorities. Date: 9 -ICo - 0 d-.- WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to 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. S4904 relating to unsworn falsification to authorities. DateV -I&-o'~ ~~Z: Donald E. Morningstar, Defendant 0 c-= 0 :./) tv --;; "\J ~ (. + - l!' ',:> N --< : ',,-- N 1 SHIRLEY A. MORNINGSTAR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01 - 3642 Civil Term DONALD E. MORNINGSTAR, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE OF NOTICE TO DEFEND AND COMPLAINT. AND NOW, this June 18,2001, I, Jane Adams, Esquire, hereby certify that on June 14,2001, a true and correct copy of the NOTICE TO DEFEND AND COMPLAINT were served, via certified mail, restricted delivery, return receipt requested, addressed to: Donald E. Morningstar P.O. Box 55 Newburg, Pa. 17240 DEFENDANT Respectfully Submitted: Ja e Adams, Esquire I. . No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF - c c ': '": ,";.: ------- -----..-------------------- o .-- \I~ ~< \.J .-'" ,,--: 1::-:,",\ r ~:.~. ':. ...~- ~ (~ . 'j-~ C~ ..,:'- r~- ::2. ~ < r ex> N ~ -.;, 5 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front jf space permits. Article Addressed to: Do ~Id. E, /Vlorn 1'r1g s--b f. 0, c. 0 x' ~-----s- N~h'vrg;P4 17~'ftJ Article Number (Copy from service label) O~ 10 PS Form 3811 , July 1999 D. Is delivery address different from j 1 ? If YES, enter delivery address low: 3. Service Type lsi-fertified Mail ~eg;stered o Insured Mail o Express Mall o Return Receipt for Merchandise o C.O.D. Domestic Return Receipt 102595-QQ'M'0952 UNITED STATES POSTAL SERVICE First-Class Mail Postag~ & Fees Paid USPS Permit No. G-10 · Sender: Please print your name, address, and ZIP+4'in this box · ~ LA,U/ o...d!a,lA..'-6) Off; ~c;,~M ~Bs{e rA-/7()/3 SHIRLEY A. MORNINGSTAR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 01 - 3642 CIVIL 19 IN DIVORCE DONALD E. MORNINGSTAR Defendant STATUS SHEET DATE: ACTIVITIES: 4! ' './/./ ~ 1:/'............ . i~ ;-,'I<',~ !'(" Q...u<rJ c.~ ,"'U~ < I. .. I ~ ,ltt,( 1(," \...t"-LC'.\ t"c.',(, '.) I CJ (II (0 "L ~r..~1J 7J1'(,/J~. u <i.'.{ ~ "'L- ~~ t! .:A:f6J-'-tJ.J-.1A X (f" (/I. (.. j r t'l " ," ~~4~ 1~~~~~~:';1! ~~/;L7/o,-_6~~~ ~~~:::I, SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 3642 CIVIL DONALD E. MORNINGSTAR, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Jane Adams Shirley A. Morningstar , Counsel for Plaintiff , Plaintiff Karl R. Hildabrand Donald E. Morningstar , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 16th day of September 2002, at 9:30 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there lS a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: August 23, 2002 E. Robert Elicker, II Divorce Master SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . .. ,,-:' l( /1 O/~2~t vs. No. 01 - 3642 Civil Term DONALD E. MORNINGSTAR, Defendant ACTION IN DIVORCE PRE-TRIAL STATEMENT PURSUANT TO RULE 1920.33 I. HISTORY Shirley and Donald Morningstar were married on June 29, 1958. They had two children, both of which are now grown. Shirley Morningstar was a school teacher and Donald Morningstar was a professor at Shippensburg. Both are now retired. Shirley Morningstar has ongoing health concerns, due to high cholesterol and cancer. A complaint in divorce was filed on June 13, 2001 raising grounds for divorce of irretrievable breakdown of the marriage and the alternative grounds for divorce of indignities. On July 11, 2001, Shirley Morningstar was physcially forced to leave the marital home. She moved to an apartment, and she does not wish to have her addressed disclosed to the Defendant. Defendant, Donald Morningstar remained in the marital home. There is currently no mortgage on the marital home. On September 20, 2001, the Plaintiff filed a petition raising economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. Counsel have attempted to settle this matter with no success. II. LIST OF MARITAL ASSETS - REAL ESTATE Description Value Date of Val. Ownership Mar. Portion. Lien Amt. Marital home at 218 $185,000 2002 Joint 100% None. Est. Three Square Hollow Rental value Road $1000/mo, ........- III. ACCOUNTS AND INTANGIBLE PERSONAL PROPERTY. Description Value Date Ownership Mar. Portion. Lien Amt. of Val. Prudential Life Insurance $1940.18 10/27/ Wife 100% none 99 Prudential Life Insurance $3437.86 10/27/ Husband 100% none 99 Veterans' Life Insurance $1,202.92 11/27/ Husband 100% none 00 Lord, Abbett & Co. Money $1,799.00 6/30/1 Joint 100% none Market Acct. Dreyfus Premier 3rd century $31,512.74 6/29/1 Joint 100% none Dreyfus Municipal Bond Fund $37,911.99 6/29/1 Joint 100% none AIM Global Health Care Fund $23,775.31 6/29/1 Joint 100% none John Hancock Funds $12,520,89 6/29/1 Joint 100% none Vanguard Group - long term $87,478,57 6/30/1 Joint 100% none tax exempt Vanguard Group - Windsor $110,755,52 6/30/1 Joint 100% none Fund Janus Retirement Acct $81,993.27 7/9/1 Wife 100% none now $69,817.80 Allfirst Retirement Acct $97,144.88 7/9/1 Wife 100% none now $102,009.99 Lincoln Financial Annuity $111,600.53 6/29/1 Wife 100% none now $116,343,22 MBNA Money Market Acct $52,838.95 7/19/1 Wife 100% none Dreyfus Growth Opp Fund $79,529.19 12/31/ Husband 100% none 99 Vanguard STAR Fund $270,058,30 6/30/1 Husband 100% none Vanguard Long Term tax- $35,900.07 6/30/1 Husband 100% none exempt PSECU Savings Acct $12,674.46 5/31/0 Joint 100% none 0 PSECU checking Acct $3165.94 5/31/0 Joint 100% none 0 PSECU - CD Joint 100% none Allfirst checking account $2761.85 41711 Joint 100% none Orrstown Bank Carriage Club $2,214.96 6f18f1 Wife 100% none Orrstown Bank Statement $0 6f1 Wife 100% none Savings Husband's EES Retirement unknown Husband 100% none Wife's School Retirement $1,485.05 5f14f2 Wife 100% none IV. TANGIBLE PERSONAL PROPERTY. Description Value Date of Val. Ownership Mar. Portion. Lien Amt. 1996 Ford pickup $16,000.00 Husband 100% unknown 1996 Ford Taurus $10,000.00 Wife 100% unknown Sedan Gold and silver coins $5,000,00 Joint 100% none Guns, fishing tackle, unknown Joint 100% none tools Boat, Motor, Trailer $9,000,00 Joint 100% none Household $19,500.00 2002 none furnishings in marital home. Household $3,500.00 2001 Joint none furnishings taken with Shirley Morningstar Precious Gems $1009.23 2001 Joint none Player Piano $800 2001 Joint none Grandfather Clock $1000.00 2001 Gift; wife 0% none only, Jewelry of Shirley $100.00 7/9/01 Joint 100% none Morningstar Dishes, silver set, unknown Gift to Wife 0% none silverware, china from Sister Crystal in unknown Gift to Wife 0% none Grandfather Clock from Donald's mother Table and Kachina unknown Gift to Wife 0% none 001/ from Sister Rag Rugs unknown Inherited 0% none from Mother. V. TRANSFERRED PROPERTY. Description Value Date of Val. Ownership Mar. Portion. Lien Amt. Maverick RV $23,375 sold 6/2001 Joint - 100% none. proceeds received by Wife. VI. EMPLOYMENT AND INCOME. Both husband and wife are retired. In November 2001, a stipulation was entered regarding Alimony Pendente Lite. Wife received $761.00 a month in social security benefits and $1372.03 a month from her retirement. Her total income was $2133.03. Husband received $1072.00 per month social security and $2695.67 from his retirement. A stipulation for Alimony Pendente Lite was entered under which Husband pays Wife $653.00 a month. Therefore, Shirley and Donald Morningstar's incomes are $2786.03 and $3114.67 respectively. The parties also have income from their investments. It was represented to Plaintiff that these funds are being reinvested in their accounts. VII. WITNESSES. 1. Frank Potteiger, Auctioneer, Appraiser. 2. Audrey Havice, Sister of Shirley Morningstar. 3. Shirley Morningstar. Plaintiff reserves the right to supplement this list before hearing. VIII. EVIDENCE AND EXHIBITS. 1. The parties' tax returns. 2. Statements of all accounts. 1. The parties' tax returns. 2. Statements of all accounts. 3. Order regarding Alimony Pendente Lite (Please see Exhibit A). 4. List of personal items from Auctioneer and appraisal. 5. Plaintiffs income and expense statement. (Please see Exhibit 8). 6. Plaintiffs inventory. (Please see Exhibit C). Plaintiff reserves the right to supplement this list before hearing. IX. PROPOSED RESOLUTION. Plaintiff, Shirley Morningstar, has a lower income capacity than Donald Morningstar due to the type of job that she worked and the fact that she stayed home with her children. She is currently living in an apartment and left behind the bulk of the couple's personal possessions after she was physically forced to move from the marital home. She also has ongoing health concerns which include high cholesterol and cancer. Therefore, she is requesting that the alimony granted continue indefinitely. She is requesting 60% of the marital assets. As part of the settlement, she requests reimbursement for the rental value of the marital home, since Defendant has been living in the marital home rent free and she has been forced to make monthly rental payments to maintain her apartment. Respectfully submitted, Date: '(7/(j~ J ne Adams, I. . No. 79465 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF DR 31076 PACSES ID 127103883 SHIRLEY A. MORNINGSTAR, Plaintiff jPetitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW DONALD E. MORNINGSTAR, Defendant/Respondent NO. 2001-3642 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of November, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $N/A and Respondent's monthly net income/earning capacity is $N/ A, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $739.67 per month payable montly as follows; $653.00 for alimony pendente lite and $86.67 on arrears. First payment due on or before the 5th day of each month. Arrears set at $1,306.00 as of November 19,2001. The effective date of the order is September 20,2001. This Order is based upon an agreement of the parties through their counsel. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.s 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the P A SCDU to: Shirley A. Morningstar. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: P A SCDU P.O. Box 69110 Harrisburg, PAl 7106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. E~tt/t3 IT It Edgar B. Bayley J. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on 11-20-01 to: < BY THE COURT, Petitioner Respondent Karl Hildabrand, Esquire Jane Adams, Esquire ~'1~ ~ = II -)f) .Of SHIRLEY A. MORNINGSTAR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01 - 3642 Civil Term DONALD E. MORNINGSTAR, Defendant : ACTION IN DIVORCE INCOME AND EXPENSE STATEMENT OF SHIRLEY A. MORNINGSTAR I verify that the statements made in this Income and Expense Statement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. s4904 relating to unsworn falsification to authorities. ~ t/, ~~ BH-If3I/ (3 INCOME Employer: Retired Address: Confidential Type of Wark: Schoolteacher Payroll No.: Pay period: Itemized payroll deductions: Federal withholding: Social security: $761.00 net each month. Local wage tax: State Income Tax: Retirement: $1372.03 net each month. Savings bonds: Credit Union: Life insurance: Health insurance: Other: Net pay per period: Other income: None. Interest: Dividends: Pension: Annuity: Social security: Rents: Royalties: Expense Account: Gifts: Unemployment Compensation: Workmen's Compensation: Unknown, plaintiff does not receive interest payments. Unknown, plaintiff does not receive dividend payments. Real Estate: Personal property: Income: Personal: Insurance Homeowners Automobile: Life: paid in full. Accident Health: paid by Shippenburg University. Other (Renter's) $750.00/year. Automobile Payments: Fuel: Repairs: Medical Doctor: Dentist: Orthodontist: Hospital: covered by insurance. Medicine: $1,533/year. Special needs: Chiropractor: $1,200.00/year Optometrist: $225 EXPENSES Home: Mortgage/rent: Maintenance: Utilities Electric: Gas: n!a Oil: Telephone: Water: Sewer and Garbage: Employment Public transportation Lunch Taxes $7,800.00/year. $900.00/year. $1,500/year. $1,440/year. $1,020/year. $360/year. $270/year. $20.00/year. $495/year. $4,854.00/year. $390.00/year. $225/year. $420/year. Education Private school Parochial school College Religious Piano and Voice lessons: $2,340/year. Personal Clothing: $2,1 OO/year. Food: $5,500/year. Barberlhairdresser: $2,340/year. Credit card payments Credit card: $8,262.00/year. Charge account Memberships Loans Credit union Other Miscellaneous Household help: Vetemary care: Child care Paperslbooks/magazines: Entertainment: Pay TV: Vacation: Gifts: Legal fees: Charitable contributions: Other child support Alimony/support payments Cat Care (when away): Accountant: Alarm system: $1,3 OO/year. $280. OO/year. $425.00/year. $800/year. $230/year. $2700/year. $1,OOO/year. $3,OOO/year. $1, 700/year. $378.00/year $600. OO/year. $ 144.00/year. PROPERTY Checking accounts: $108.00 Savings accounts: $0.00 (depleted upon expulsion from marital home.) Credit union: none. Stocks/bonds: defendant in possession of this information. Real estate Other INSURANCE Hospital Blue Cross Other Medical Blue Shield Other Health! Accident Disability Income Dental/Other CERTIFICATE OF SERVICE I, Jane Adams, Esquire, hereby certify that a true and correct copy of the within Income and Expense Statement has been served upon the following individual, by: United States Mail, first class, postage prepaid, in Carlisle, Pennsylvania on the \ ltlc dayof A.\?r,L .2002. Karl Hildabrand, Esquire 3211 N. Front Street, P.O. Box 5300 Harrisburg, Pa. 17110-0300 Date: y - {l _ () ~ By: -.J " >.:..~ -,"-. . ~. ~. :'t. "f., . :~ . . ~I, . . . SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON p~EAs: 'i~: " :' .' CUMBERLAND COUNTY, PEN NSYLVANlA' , . 'J~ . vs. No. 01 - 3642 Civil Term DONALD E. MORNINGSTAR, : ACTION IN DIVORCE Defendant INVENTORY OF SHIRLEY A. MORNINGSTAR Plaintiff, Shirley Morningstar, files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff, Shirley Morningstar, verifies that the statements made in this Inventory are true and correct. Plaintiff understands that false statements herein- are made. ~ subject to the penalties of 18 Pa.C.S. s4904 relating to unsworn falsific,ation to" , authorities. ' -":" iF ''t., .. '. '. .~ '~'. ,',: . :.. .- 1,../U.. Shirley . orningstar, Plainti "" . 1. - *;;.l~ (}JdtJ- ~, . . , ....... exttlD/T ~ ASSETS OF THE PARTIES. Plaintiff marks on the list below those items applicable to the case at bar and itemizes on the following pages. (X) 1. Real property. (X) 2. Motor vehicles. (X) 3. Stocks, bonds, securities and options. (X) 4. Certificates of deposit. (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates. ( ) 7. Contents of safe deposit boxes. ( ) 8. Trusts (X) 9. Life insurance policies (indicate face value, cash surrender value, and current beneficiaries.) (X) 10. Annuities. (X) 11. Gifts. (X) 12. Inheritances. ( ) 13. Patents, copyrights, inventions, royalties. (X) 14. Personal property outside the home. ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award. ( ) 17. Profit sharing plans. ( ) 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement accounts. ( ) 20. Disability payments. ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryNA Benefits. ( ) 23. Education benefits. ( ) 24. Debts due, including mortgages held. . (X) 25. Household furnishings, and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute). ( ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced. I. REAL ESTATE Description Marital home at 218 Three Square Hollow Road Ownership Joint II. VEHICLES Description Ownership 1996 Ford pickup Husband 1996 Ford Taurus Sedan Wife Boat, Motor, Trailer, and Utility Trailer Joint III. ACCOUNTS AND INTANGIBLE PERSONAL PROPERTY Description Ownership Prudential Life Insurance Wife Prudential Life Insurance Husband Veterans' Life Insurance Husband Lord, Abbett & Co, Money Market Acct. Joint Dreyfus Premiere Third Century Fund Joint Dreyfus Municipal Bond Fund Joint AIM Global Health Care Fund Joint John Hancock Funds - Tech Joint Vanguard Group - long term tax exempt Joint Vanguard Group - Windsor Fund Joint Janus Retirement Acct Wife Allfirst Retirement Acct Wife Lincoln Financial Annuity Wife MBNA Money Market Acct Wife Dreyfus Growth Opp Fund Husband Vanguard STAR Fund Husband Vanguard Long Term tax-exempt Husband PSECU Savings Acct Joint PSECU checking Acct Joint PSECU - CD Joint Allfirst checking account Husband Orrstown Bank Carriage Club Wife Husband's EES Retirement Husband Wife's School Retirement Wife IV . TANGIBLE PERSONAL PROPERTY Description Household furnishings Precious Gems Player Piano Ownership Joint Joint Joint NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. Description Ownership Dishes, silver set, silverware, china Gift from Sister Grandfather Clock Gift from Donald's Mother Crystal in Grandfather Clock Gift from Donald's Mother Table and Kachina Doll Gift from Sister Rag Rugs Inherited from Mother. PROPERTY TRANSFERRED Description Value Date of Val. Ownership Maverick RV $23,375 sold 6/2001 Joint Item/Number debtors NONE. - LIABILITIES Description of Property Names of all creditors Names of all CERTIFICATE OF SERVICE I, Jane Adams, Esquire, hereby certify that a true and correct copy of the within Inventory has been served upon the following individual, by United States Mail, first lJ'"/X day of class, postage prepaid, in Carlisle, Pennsylvania on the Arrol L ,2002. Karl Hildabrand, Esquire 3211 N. Front Street, P.O. Box 5300 Harrisburg, Pa. 17110-0300 Date: 4 - I { - 0 ~ By: I . CERTIFICATE OF SERVICE AND NOW, this June 7,2002 I, Jane Adams, Attorney for Plaintiff, Shirley Morningstar, hereby certify that a copy of Plaintiff's PRE-TRIAL MEMORANDUM has been duly served upon the following party, by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: Karl Hildabrand, Esquire 3211 N. Front Street, P.O. Box 5300 Harrisburg, Pa. 17110-0300 ATTORNEY FOR DEFENDANT DONALD MORNINGSTAR Jane dams, Esquire I.D. o. 79465 outh Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 3642 CIVIL DONALD E. MORNINGSTAR, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Jane Adams , Attorney for Plaintiff Karl R. Hildabrand , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, pennsylvania, on the 23rd of August, 2002, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 6/10/02 E. Robert Elicker, II Divorce Master " SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3642 CIVIL TERM DONALD E. MORNINGSTAR, Defendant ACTION IN DIVORCE ENTRY OF APPEARANCE To the Prothonotary: Kindly enter my appearance on behalf of Defendant, Donald E. Morningstar, in the above referenced matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~~G~~~~ o-r- Karl R. Hildabrand, Esquire Attorney LD. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Dated: 0/27/01 ( I Document #: 209686.] CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P. C ., hereby certify that I served a true and exact copy of the Entry of Appearance with reference to the foregoing action by First Class Mail, postage prepaid, this c/ 7 day of June, 2001, on the following: Jane Adams, Esquire 117 South Hanover Street Carlisle, PAl 7013 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Document #: 209686.] l ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT D,[L. 0 I -3iP f/J (1/ i/'/L State Commonwealth of Pennsylvania /JiC >f> /d 7/03 flY3 Co.lCity/Dist. of CUMBERLAND lJJ2- 3 'L Date of Order/Notice 11/19/01 . A ) 70 Court/Case Number (See Addendum for case summary) o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice ) RE: MONINGSTAR, DONALD E. ) Employee/Obligor's Name (Last, First, Mil ) 163-24-9515 ) Employee/Obligor's Social Security Number ) 7801100864 ) Employee/Obligor's Case Identifier ) (See Addendum for plaintiff names associated with cases on attachment) ) Custodial Parent's Name (Last, First, Mil ) Employer/Withholder's Federal EIN Number STATE EMPLOYEES RETIREMENT SYS Employer/Withholder's Name PO BOX 1147 Employer/Withholder's Address HARRISBURG PA 17108-1147 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA nON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 653.00 per month in current support $ 86.67 per month in past-due support Arrears 12 weeks or greater? Oyes (X) no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 739.67 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 170.69 per weekly pay period. $ 341.39 per biweekly pay period (every two weeks). $ 369.84 per semimonthly pay period (twice a month). $ 739.67 per monthly pay period. REMITTANCE INFORMA TlON: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PA CSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: NOV 2 0 ZOOI .;;;vo&,E m EN-028 W rker ID $IATT Service Type M OMB No.: 0970-0154 Expiration Date: 12/31/00 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS , 0 If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3. '" Reportil,/; tl,e PaydatelDate of 'Nitl,I,oldillg. You must lepolt tl,e paydateldate of vvithl,oldill8 "I,el, sel,ding ti,e pay",el,t. The paydateldate of vvitl,l.olding is tI,e date 0'" vvhid, a",oullt vvas vvitl,l,eld flam the employee's .vages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4. '" Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S 10: 3475100068 EMPLOYEE'S/OBLlGOR'S NAME: MONINGSTAR. DONALD E. EMPLOYEE'S CASE IDENTIFIER: 7801100864 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. '" Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. S 1673 (b)1 j or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxeSj Social Security taxes; and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Internet @ Page 2 of 2 Form EN-028 Worker ID $IATT Service Type M OMS No.: 0970-01 S4 Expiration Date: 1 z/31/oo ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MONINGSTAR, DONALD E. PACSES Case Number 127103883/3/07t;-; Plaintiff Name SHIRLEY A. MORNINGSTAR Docket Attachment Amount 01-3642 CIVIL$ 739.67 Child(ren)'s Name(s): I . DOB you are required to enroll the child(ren) in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) in any health insurance coverage available employee's/obligor's employment. Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB If checked, you are required to enroll the child(ren) above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT OMB No.: 0970-0154 Expiration Date: 12131/00 -.---------. .._-----,.s>.~. o ~ -1:) c','" f\1;-. -7 - ?-- ~\ . f-;.( :.F ,--.. ...-' - t,~~~ ;".) ._~ \ -' ~ \"') :? (:) f~% ------..-------- DR 31076 PACSES ID 127103883 SHIRLEY A. MORNINGSTAR, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. DOMESTIC RELATIONS SECTION CIVIL ACTION - LAW DONALD E. MORNINGSTAR, Defendant! Respondent NO. 2001-3642 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of November, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $N/A and Respondent's monthly net income/earning capacity is $N/ A, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $739.67 per month payable montly as follows; $653.00 for alimony pendente lite and $86.67 on arrears. First payment due on or before the 5th day of each month. Arrears set at $1,306.00 as of November 19,2001. The effective date of the order is September 20,2001. This Order is based upon an agreement of the parties through their counsel. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.s 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Shirley A. Morningstar. Payments must be made by check or money order. All checks and money orders must be made payable to P A SCDU and mailed to: P A SCDU P.O. Box 69110 Harrisburg, P A 17106-9110 Payments must include the defendant's P ACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Edgar B. Bayley J. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on 11-20-01 to: < BY THE COURT, Petitioner Respondent Karl Hildabrand, Esquire Jane Adams, Esquire cQ7J~~ MAQ,ED : //-}.Q.D/ (") 1\';9: ~. ...,.....;...:,.:: i..i.U IT; Ie . ~t~-- ~!.>' . '~~ ( / ;> o (-1 .on -~ CS ''''':::: "'-l'l ;'0 --l :...n ~J -< '0 Jane Adams ATTORNEY AT LAW 36 South Pitt Street Carlisle, Pa. 17013 Phone:(717) 245-8508 Fax: (717) 245-8538 www.adamslaw.net June 7, 2002 Robert Elicker, II, Esquire Divorce Master 9 N. Hanover St. Carlisle, Pa. 17013 Re: Morningstar v. Morningstar No. 2001 - 3642 Civil Term (Cumberland County) Dear Mr. Elicker: Enclosed please find my Pre-trial statement pursuant to Rule 1920.33. Thank you for your kind cooperation regarding the above. Please contact me if you have any questions regarding this matter. IJA cc: Shirley Morningstar Karl Hildabrand, Esquire SHIRLEY A. MORNINGSTAR, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE DONALD E. MORNINGSTAR, Defendant/Respondent NO. 2001-3642 CIVIL TERM IN DIVORCE DR# 31076 Pacses# 127103883 ORDER OF COURT AND NOW, this 1 ih day of October, 200 I, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before RJ. Shadday on November 8. 2001 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 191O.11<<J (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 10-17-0 I to: Petitioner < Respondent Jane Adams, Esquire Karl Hildabrand, Esquire }?- R. . Shadday, Conference Officer Date of Order: October 17, 2001 YOU HAVE THE RIGHT TO A LAWYER, WHO MAYA TTEND THE CONFERENCE AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 , '~t-~ .;.,... 1: ,t. .f;< ,. " ''1k, .... Iif., ViNVAlASNN3d I I 'Nnn'-') nt" ~.r;!,_':-;c. \,~!(\f"\ /\J.. t~.j\., ...' ,',' .,..:.....'-...'-~;.\\ ~v EO:tj \4d 811:.J0 \0 --------- . ----------- SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01 - 3642 Civil Term DONALD E. MORNINGSTAR, Defendant ACTION IN DIVORCE PLAINTIFF'S PETITION FOR RELIEF AND NOW COMES, Plaintiff, Shirley A. Morningstar, by and through her Attorney, Jane Adams, Esquire, and respectfully represents that: COUNT I - EQUITABLE DISTRIBUTION OF PROPERTY 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. 2. Defendant is currently living in the marital home and physically compelled Plaintiff to leave the marital home on July 10,2001. 3. There is no mortgage on the marital home and the Defendant is currently living in the home rent free; Plaintiff is currently paying rent and is living in an apartment. 4. Plaintiff and Defendant have been unable to agree as to an equitable division of said property . 5. Plaintiff is seeking an equitable division of said property. 6. Plaintiff is seeking fair rental value from the marital home as part of her equitable distribution claim. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 7. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 8. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 9. The Defendant is receiving retirement benefits and enjoys a substantial income from which he is able to contribute to the support and maintenance of Plaintiff to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 10. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 11 Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 12. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, the Plaintiff requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. COUNT IV - COUNSEL FEES, COSTS AND EXPENSES 13. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 14. Without counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 15. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of counsel fees, costs, and expenses. o ~r /07 ane Adams, Esquire J.D. No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF SHIRLEY MORNINGSTAR Date: .. , . VERIFICATION I verify that the statements made in this PETITION 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:~. )q,~} Shirley ~~ - ~~ c:::J:::.~ ---t:. ~. -t: D\ ... 8 ~ J} ~ ~ (~ '1:) ~ a ..-'" -r_~ i' rn: <t z.. ~ t~c: () "': ( .::....:: ( , ~ )0' ~2 ....I -<: o ~: C~ J) " 1 -0 ~-v o ".C 1',) >-. :'~ ":.'1 -< ::J .-1 E. Robert Elicker, II, Divorce Master Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, P A 17013 SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-030C 717-238-8187 Fax: 717-234r9478 June 7, 2002 Other Offices Colonial Park Mechanicsbur~ 717-652-7020 717-691-5577 Millersburg Shippensburg 717-692-5810 717-530-7515 Re: Shirley A. Morningstar v. Donald E. Morningstar No. 01-3642 Civil In Divorce Dear Master Elicker: Enclosed herewith please fmd Defendant's Pre-Trial Statement in regards to the above-referenced matter. Please contact me if you have any questions. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. &~~d~o Karl R. Hildabrand ~ ( KRHIkan Enclosure cc: Jane Adams, Esquire Document #: 236]52.1 James F. Carl Edward E. Knauss, IV' Jered L. Hock Karl R. Hildabrand' Steven P. Miner Clark DeVere E. Ralph Godfrey Steven C. Courtney Francis J. Lafferty, IV David H. Martineau Andrew W. Norfleet Melissa L. Van Eck Andrew C. Spears Young-Suh Koo . Board Certified ill civil trial law alld advocacy by the Natiollal Board of Trial Adllocacy 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 March 20, 2002 Other Offices Colonial Park 717-652-7020 Mechanicsburg 717-691-5577 Shippensburg 717-530-7515 E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, P A 17013 Re: Morningstar v. Morningstar Cumberland County No. 01-3642 Civil Dear Mr. Elicker: Enclosed please find Defendant's statement of outstanding discovery in the above matter. Thank you. Very truly yours, M~/ER, WICKERSHAM, KNAUSS & ERB, P.C. eC;:Z~ Karl R. Hildabrand KRH:cl Enclosure cc: Jane Adams, Esquire (with enclosure) Donald E. Morningstar (with enclosure) Document #: 230032.] James F. Carl Edward E. Knauss, IV* Jered L. Hock Karl R. HiIdabrand* Steven P. Miner Clark DeVere E. Ralph Godfrey Steven C. Courtney Francis J. Lafferty, IV David H. Martineau Andrew W. Norfleet Steven C. Skoff Melissa 1. Van Eck Andrew C. Spears Young-Suh Koo . Board Certified in civil trial law and advocact{ by the National Board of Trial Advocacy SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3642 CIVIL DONALD E. MORNINGSTAR, Defendant IN DIVORCE TO: Jane Adams Attorney for Plaintiff Karl R. Hildebrand Attorney for Defendant DATE: Thursday, February 28, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: x (a) Outline what information is required that lS not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Statements for wife - retirement, investment accounts, bank accounts, and personal property inventory have been requested in discovery but have not yet been provided. Interrogatories and Request for Production have been outstanding for some time. www.adamslaw.net Jane Adams ATTORNEY AT LAW 117 South Hanover Street Carlisle, Pa. 17013 Phone: (717) 245-8508 Fax: (717) 245-8538 March 5, 2002 Robert Elicker, II, Esquire Divorce Master 9 N. Hanover St. Carlisle, Pa. 17013 Re: Morningstar v. Morningstar No. 2001 - 3642 Civil Term (Cumberland County) Dear Mr. Elicker: Enclosed please find my discovery certification in the above-referenced case which indicates that discovery is complete. Thank you for your kind cooperation regarding the above. Please contact me if you have any questions regarding this matter. /JA Very truly yours, ~~-, L\ALC\C~tA'A'\ J~e dams, Esqmre { \. cc: Shirley Morningstar Karl Hildabrand, Esquire SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3642 CIVIL DONALD E. MORNINGSTAR, Defendant IN DIVORCE TO: Jane Adams Attorney for Plaintiff Karl R. Hildabrand Attorney for Defendant DATE: Thursday, February 28, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. . .. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE 3-- /::;- -- 02- NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 3642 CIVIL DONALD E. MORNINGSTAR, Defendant IN DIVORCE TO: Jane Adams Attorney for Plaintiff Karl R. Hildabrand Attorney for Defendant DATE: Thursday, February 28, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. / (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. if SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01 - 3642 Civil Term DONALD E. MORNINGSTAR, Defendant ACTION IN DIVORCE MOTION FOR APPOINTMENT OF MASTER S ~'Irl~ \'V\ D"-~ skr, (Plaintiff)(D~feAaQRt}.+noves this Court to appoint a master with respect to t following c1ai : t>< ) Divorce ( ) Annulment <><) Alimony ( ) Alimony Pendente Lite R<') Distribution of Property ( ) Support 1>< ) Counsel fees k) Costs and Expenses and in support of the motion states: \J}) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The D fendant (has)(1'r!I3 Rot) appeared in the action (personally)(by his attorney, . , Esquire). (3) The statutory ground(s) for divorce (is)(are) 3> ~ \ k. ') (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested wtih repsect to the following claims: (5) The action tm'\folvaG1(does not involve) complex issues of law or fact. (6) The hearing is expected to take lo ~)(hours). (7) Additional information, if any, relevant to the motion: e Adams, Esquire orney for (Plaintiff)(DefeAdsl'tt Date: cl'" \8 \ O~ ORDER APPOINTING MASTER AND NOW, this .::fl..~~ 2.', 2001, Robert Elicker, Esquire, is appointed Master with repsect to the following claims: ",-U ~\ I t 'i' \ ; " .' \ ." f -'t, '. ~,,""~ "'..., "'. " 0 ~ ~ 'if"" - > / ..,.S) .s;. .J .l> '> } OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci .10 Colyer Office Manager/Reporter West Shore 697-0371 Ext. 6535 March 25, 2002 Jane Adams Attorney at Law 117 South Hanover Street Carlisle, PA 17013 Karl R. Hildabrand, Esqurie METZGER & WICKERSHAM 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 RE: Shirley A. Morningstar vs. Donald E. Morningstar No. 01 - 3642 Civil In Divorce Dear Ms. Adams and Mr. Hildabrand: Attorney Adams indicated that discovery is complete. Mr. Hildabrand indicated that he would expect discovery to be complete within sixty days of March 20,2002. Therefore, I am going to proceed with a directive for pre-trial statements with the understanding that we will not be involved with any discovery matters at the time of the conference. A complaint in divorce was filed on June 13,2001, raising grounds for divorce of irretrievable breakdown of the marriage and the alternative grounds for divorce of indignities. I am going to assume that the parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree, or in the alternative have been separated for a period in excess of two years, so that the divorce can proceed under the no-fault provisions of the divorce code. If that assumption is not correct, please advise and I will immediately schedule a hearing on the alternative grounds of indignities. <P Ms. Adams and Mr. Hildabrand, Attorneys at Law 25 March 2002 Page 2 On September 20, 2001, the Plaintiff filed a petition raising the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, June 7,2002. I have picked the date in June in order to give counsel sufficient opportunity to complete the discovery which Mr. Hildabrand says needs to be accomplished and to prepare pretrial statements with the current information regarding the issues involved. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues, and if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 01-3642 CIVIL TERM DONALD E. MORNINGSTAR, Defendant : ACTION IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Metzger, Wickersham, Knauss & Erb, P.c. in the above matter. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~~~~ 0- Attorney J.D. No. 38901 3211 North Front Street Harrisburg, P A 17110 (717) 238-8187 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOT AR Y: Kindly enter the appearance of undersigned counsel on behalf of Defendant, Donald E. Morningstar. NESTICO, DRUBY & HILDABRAND, L.L.P. ByYit:~4~~ Karl R. Hildabrand, Esquire Attorney LD. No. 30102 840 East Chocolate A venue Hershey, P A 17033 (717) 533-5406 CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the day of August, 2002, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Jane Adams, Esquire 117 South Hanover Street Carlisle, PA 17013 ~vd:p~ Karl R. Hildabrand o C 7" -C,-" lilt,' Z:".-:: ?2~... ~~~ ~ ,......,. ...- l'J Cf) \-T1 --0 I r-) ~~-l \"] ,....' -~':'J , , ..; ;;~~ --.7,-.",- '~j iT1 ::1::( -<. i"V SHIRLEY A. MORNINGSTAR, Plaintiff / ,vllYD1df --- IN THE COURT OF COMMW PLEAS OF ,- CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION LA W v. No. 01-3642 DONALD E. MORNINGSTAR, Defendant JURY TRIAL DEMANDED DEFENDANT'S PRE-TRIAL STATEMENT PURSUANT TO PA. R.C.P. 1920.33 1. List of Assets (i) Marital Assets - See Exhibit "A" attached hereto and incorporated herein by reference. (ii) Non-Marital Assets - See Exhibit "B" attached hereto and incorporated herein by reference. 2. Expert Witnesses - If the parties are unable to stipulate to valuations of retirement plans, an expert from Pension Appraisers, Inc., will testify. 3. Witnesses (i) Donald Morningstar. (ii) Shirley Morningstar. (iii) Representative of Pension Appraisers, Inc. - valuation of retirement plans. (iv) Scott Macak, Sailhamer Real Estate or other real estate witness - valuation of real estate. (v) Laura L. Morningstar - daughter. 4. List of Exhibits - See Exhibit "C" attached hereto and incorporated herein by reference. Document #236100 5. Gross Income and Net Income as Reflected on Most Recent State and Federal Income Tax Returns and Pay Stubs - See Exhibit "D" attached hereto and incorporated herein by reference. 6. Expenses - See Exhibit "E" attached hereto and incorporated herein by reference. 7. Valuation of Pension or Retirement Benefits, Marital Portion Thereof, and Supporting Documentation - See Exhibit "F" attached hereto and incorporated herein by reference. 8. Claim for Counsel Fees- N/ A. 9. Valuation of Personal Property - Disputed Items 10. Marital Debts - N/A. 11. Proposed Resolution of Economic Issues - See Exhibit "G" attached hereto and incorporated herein by reference. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY~ Y?d~~ ~/" Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant Dated: fa,,? - () 2-- -2- Document #236100 ASSETS OF PARTIES Plaintiff marks on the list below those iterns applicable to the case at bar and itemizes the assets in the following pages. (x) I. (x) 2. (x) 3. (x) 4. (x) 5. (x) 6. () 7. () 8. (x) 9. (x) 10. 0 II. (x) 12. 0 13: () 14. 0 15. 0 16. 0 17. () 18. (x) 19. () 20. 0 2I. 0 22. () 23. () 24. (x) 25. () 26. Document #: 219065.1 Real property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all ovmers, including percentage of ownership, and officer/director positions held by a party with company) _ Employment termination benefits-severance pay, workmen's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryN.A. benefits Education benefits. Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list of distribution of such assets in dispute Other . <I { \ A MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have legal or equitable interest individually--ur with any other person as of the date this action was commenced. Item No. Real Estate Description of Property 1. 218 Three Square Hollow Road Newburg, P A Vehicles, etc. 2. 3. 4. 5. Life Insurance 6. 7. 8. 1996 Ford Pickup 1996 Ford Taurus Sedan Maverick RV (sold 6/2001) (proceeds of $28,000 in Wife's possession) Boat, Motor, Trailer Prudential Insurance - life insurance (21518173) Prudential Insurance - life insurance (21518072) Dept. of Veterans Affairs - life insurance (W17341570) Joint Investments 9. 10. 11. Document #: 2]9065.1 Lord, Abbett & Co. Money Market Acct (15-97680262) Dreyfus Premiere Third Century Fund (035-0030061410) Dreyfus Municipal Bond Fund (054-0001955590) Names of All Owners ~ol~~ Joint l10ljDO(~) I Husband R 000 I Wife ~I 000 2't, coo Joint Husband Wife 7 , Husband 7 Husband \ 'Z- 7~.7D / Joint L7Cl'1,OO Joint 31 SI'2...,t'-/ , Joint 3'7 411,~q J > ~ ~ It\ e.. 12. AIM Global Health Care Fund Joint 23 715.3/ " (7006411438) 13. John Hancock Funds - Technology Joint 12 520. ~~ I (83-1567651) 14. The Vanguard Group - Long Term Tax Exempt Joint ~7 47~ 57 I . (9787322154) 15. The Vanguard Group - Windsor Fund Joint Ilo~ ?~~ 52- (9785223970) Husband Investments 16. Dreyfus Growth Opportunity Fund Husband iY' c\IA ~-e l j VI /7 (018-0555293935) 17. The Vanguard Group - STAR Fund Husband 2.70 '05'&.30 I (9849215853) /. 35 q 00, D7 18.. "~I Ie., The Vanguard Group - Long Term Tax Exempt Husband <;: J ,/ . . (9849215853) f" '::-.c ';>' q'{r Wife Investments 19. Janus - Retirement Account (IRA) Wife ~I Cjqg"z. 7 (201441910) I 20. Allfirst - Retirement Account (IRA) Wife '17 \l4,~ I (8-700-013-5821001) 21. Lincoln Financial Group - Annuity Wife t 1 \ '00, ~3 (97-5056063) I - 22. MBNA Money Market Acct Wife S 2 g 39, '1.=, (57 -080225-6) I Joint Bank Accounts 23. PSEcU - savings Joint 5" Dc;'i.2~ I 24. PSECU - checking Joint tot, 5 ~O/ Oz. 25. PSECU - CD Joint I 0 I S84, lO Document #: 219065.1 26. Allfirst - checking account (00974-1001-2) * closed 9/8/00 Husband Bank Accounts 27. Wife Bank Accounts 28. Orrstown Bank - Carriage Club (534439) 29. Orrstown Bank - Statement Savings (754110) Personal Property 30. Household furnishings and personal property 31. Wife's Jewelry 32. Travelers Checks 33. Player Piano Husband Retirement 34. State EES Retirement Wife Retirement 35. Public School Retirement Document #: 219065.1 Joint \JCl\,^~ ~IS,<6~ Wife ll,l/S,I~ Wife l~atb~ Joint 30 ()oo. . I g 000, I Wife Joint Soc. '2 a 0 o- f Wife Husband '7 Wife 7 .. . , Item No. 1. Description of Property Maverick R V Document #: 219065.1 PROPERTY TRANSFERRED Date of Transfer Consideration :J "$28,6(')0' 2'3 '15: OD I 6/01 Person to Whom Transferred Sold Wife has proceeds from sale NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. Names Item Description of All Reason for No. of Property Owners Exclusion 1. Coins Husband gift from parents 2. U.S. Savings Bond Husband inheritance from Aunt's Estate l\ It (b Document #: 219065.1 EXHIBITS 1. Plaintiff's Inventory 2. Defendant's Inventory 3. Plaintiff's Income and Expense Statement 4. Defendant's Income and Expense Statement 5. Joint Tax Returns -1996-2001 6. Donald Morningstar -7/5/01 Letter 7. Shirley Morningstar - Christmas 2001 Letter 8. Real Estate Appraisals 9. Valuation Husband's Retirement 10. Valuation Wife's Retirement 11. Investment Account Statements a. Lord Abbett b. Dreyfus Third Century c. Dreyfus Municipal Bond d. Aim Global e. John Hancock Tech A f. Janus (IRA) g. Allfrrst (IRA) h. Lincoln Annuity 1. MBNA Money Market J. Vanguard - Long Term k. Vanguard - Windsor Fund 1. Dreyfus Growth Fund m. Vanguard Star Fund n. Vanguard Long Term Tax Exempt 12. Bank Statements a. Orrstown Bank - Savings b. Orrstown Bank - Checking c. PSECU - Savings d. PSEcU - Checking e. PSECU - CD f. Allfrrst - Checking 13. Inventory - Wife's Jewelry 14. Records Regarding Proceeds of Sale of Maverick Motor Home 15. Life Insurance - Wife 16. Life Insurance - Husband Document #236100 " 11 C Shirley, July 5, 2001 Understanding that your intension is to move out of our home next week I make the following request: 1. That you return, before you leave, the income tax forms for year 2000 that you removed from the den filing cabinet without my knowledge. By now your lawyer has had enough time to make copies of anything of importance and should return the originals immediatly. 2. You ask that I not be home when you move for fear that I would harm the movers. I have locked the gun cabinet to make it . inaccesable to anyone and I will leave the house, however I reserve the right to remain off the driveway to observe what is removed from the home. 3. When you leave I expect you to leave behind (a) keys to the front, back, and cellar doors and the garage door (b) the remote transmitter to the overhead garage door. 4. I have allowed you to make this move with as little interferance as possible even though some of your actions have been quite troubling. It is possible that I will need to contact you as I prepare to sell the house, therefor will you please let me an address where I can get in contact with you. Don cc; Attorney Karl Hildebrand C-(' Jntit,led%20S.jpg 61 2x842 pixels 1/10/02 11:27) - t!:..7 ;i~'~;~1y' ~. :"';~'" '. . . Money Mar~et ;" " 'Income' : . , BciIanced -<,<, ". .... Gio~ilric&~e '::c;irbWth, . ';~ ;~}' "'1' ax~FreeIticoine ':fo~.'~ .. > -- .. LORD, ABBET't&60;' . ..... .lnvestment~qnage":ent}, .... A Tradi!ionojPerjormance Th.rpugh Distiplined Investing Fund-Account# ~; . is:: 97680262 ShO.re Prite '-~."';\.;;.~,. . $f. 4o~." Shares Owned '.' , ~ ',," .- - . ""'z MarkttValue ~",;~-, , ~ 1,799.000 l;\"::~d ' :.:~ ~~ ".: .., . ;'.;\ $..1 ,799.00 $l,7~.9.00 Sl~799.00 '. :f~~ =- .J:j.' {;So.do . 'SO .00 , :~~}!" , .x~: ,r<~tf.:.-. . 'Dr:4inary . Income /?~ -~. , $32.43 'S32.43 DIsTRiBim€J;'Ns ..... , Lqn.gThfu Capital Gains '..-,Total - '.' --;..... --',: -.",:-,/ ~/' $0:'60 . SQ"O(L' . '.., 'i'..',..,.~ .....Redempttoils.'.. - " '-~ S'o.'O'o so . co..... :::<~~::;~';: '$32.43 S32.43 Market Value $1,799.06 S 0:0.0. $ o,';;:bo; ;$0..00' ,'SO:::Ot1~,.", '. ':SO,. 0.0.. 'S 1, 799. oQ"., ;"">:*: - . Pottfolio% 100.0% 0.0% . . 0 'o.O;g ".O:'~O% c..... .p.'"., 'tJ,.i<Q%' fit' .,e 0.0% 100 .'of. ,e ;;~.., *See reverse side for important infOrmation. 51664C Dreyfus Dreyfus Service Corporation, Distributor Family of Funds ..' ".' ."; "." ". ."/',,,0/<;,;" ,..C:;;:i':" ..:--..... ;"o};', ..~.:......" '..' .......... ".'0'" ;.,.,.'i-.'>.., ''C'>.. . . ,~'. ..:. .>;.,.... . \';H ./' .' ~I:: . ~...< .,':,;. '-';"'" ' '" -;/.':,~"/:;,:~r~'\:"F.;;'~;",,;, E MORNINGSTAR & :';" ~;':.:'~ ' ....:;,....;.;:.,..::'~':..FVAMORlNGSTAR JT TEN .. 'H\>li:';~""" ;;... '. .' . ;';',',:.., ::.. .'_....:;:..'..:.... $harestf'llS. .':' .': ,r",._ '. . riCe' . .transactiOn .. :3.'\;',/' .,":~ .:: ~:8:rt'~"i.:/ ,'.'. '.' ;,,;./ .',." ':.,)~:;>;.;,t".?t' . .i ,i.(;:' . ";:;s 'c\< X';.'" :i. ;,'~~;/,...:,..:'"; /c:...,...:" ,'," ;.~';..'.' <. " . :-......' ,....i ,,:'," '. .'. .. '. ;;, .:....,... .. . ."', .:,'. .', ;:;;:...;,,;.,<;.:." ,.:, ;"..",'; ...../~ <"'....,<: .,:. ,,'j;:->; ", "'.'.': ',i,,; ::;;....<.};:..~.,....... ,'f' . ACCOUNT STATEMENT 04/01/01 through 06/29/01 'd.. c;;,...... ,;:', "'.'r,,. :: ,,;.~):}i <,>,~ i<;.'.-',,' ,; ,:.' "';.' ." ...... ;,~\ .... "c.. :,.. .;.,:'., :', . <<:. kiln .,', j:':."',.. : .'.. .\~;;::. :':'- . 0;',.., .' . ,,:0:<, "._' ,'.C:;.< '.".' ". ~ ;;".;,' .: <\: ,',i<;.', ,',; 1;'to'.; . .... .;-c. ,'., ',",". '?t ::'i::... . .....'c' 2::: . .~IC:lresOw.ned .~: ',;" '.'. ;~~. ....;..:;[.. ;~;"'~r~Ati .:.r.' '. ,,"..' ~~t6~.699 ,CY:';o:};:'.; .' ..;>~.> ",", :~,:"', ~{';'''\.. '\:UL.!";.", ".' .' ;"t>:, .:.., ';,' ". "'. .., ."'.; Ilea ;.'< ..' ,';. 0;,;'.-.....; e ~ " ..,'.' ..: .", ".'~'l:' 'c' r....i :' . ~;:,. ii. ":" Y ........ ;:>i '> /;;i\: ,. '..' ;........ ':>'<:?'~'<' .' ...... ;,i::<. '.:'~ ':.... ......:.. ..t... '" .'. ''''''',:' . . " C H b {.c... -- Page 1 of 2 .49211 $8041 T2 ~-.4u__ . AI( &. .IT TE N This period '. $482.89 Year-to-dal $955.7 . Market Value % of Share price as of 06/29/01 portfoli .. $10.01 .$31,512.74 45.4~ 11.96 37,911.99 54.6'7 ~~ft A'1'iI, 73 100 '} Total shares owned 3,148.126 3,148.126 Shares this transaction Total share1 owned 3.129.30~ 3, 143.21~ 3,156.891 3. 169. 89~ j,169.89 13. 909 13.679 13.008 \'/> ./ ~llflJllllllllIllllIllllllllllllI '~C()-..:lnt StateIIl~pt June.;30,200J c./' .LORD, ABBETT & CO. lrfYes/ltlentMfUUlgetnent' . A Tradition ofPerformtince Thr~gh Disciplintidlnvesting' .~--'.':.~,jr.. ,,;;';.Fli.::,j' . ,.-S: YOUR Y-T-D ACCOUNT DETAIl... -:ih;~".j~' .~r:,' ' , . . .' if' U SGdvtf-{oney "'ark~tf~irhd - A F~nd...account# 15- 97680262 DonatdE Morningstar&t. ......' ShiileY' A Mo~g5til.tJtTen~'( .. .' . : Year-to-Date I11.sfrihutions: DiVidends- '.'$32.43; S4oIt- T enn Capital Gains- . . Lcihg-TermCapitaiGains-' '$(1.t)0,' . . Confirm T nUIe: .... Date Date Description Dollar Amount SharePrice BEGINNING BAI..ANC~ 02/01/01 02/01/01 INCOME REINVEST 03/01/01 03/01/01 INCOMEREINVEST 04/03/0104/03/01 INCOt-fEREINVEsTf 05/03/01 05/03/01 INCOMERElNVESl' 06/05/01 06/05/01 . IJ.'lCOME REINVEST ) ..", ""'Market Value as qf06!30/01 $ 7.49 $ 1 :00 . '$6.44 $1:00 $1 . 11,"'<$ 1 .00 $5'.85 $l.oo $5.54<$ Cad' $1,799.00 $ 1..00 DON'ALD..E MORNINGSTAR &; . SlURL~.AMORNINGSTARJT TEN INVEstMENT ~LIP N.. ,~e;:1fy;;u."~.te a. pam....... 'ctPhnt in an em.... p.IDY9'. ".-: ",,?; . an not use this i1t\iestment s'lip; tomaJit". ,"'" . m~t be made throughyo~r eh1p,IOYgr-: FuntlN'ame <,.:-:~:-:.,;.-< ."'c.'n' ,~:;,_,..'';,j!<.,'.:i-''';'';~,:'I;.-,..,.,,-.:}: Page 2 oj 2 icinvesting divi~ena~::aild c:apital gains. ..:':_.c......~::."- .. . '14,,' :....., .. .... ....~_::.' : .,. '.,,', $0.00;". .-"',"" Shares Shares Owned 7.490 '6.440 7 . 110 5.850 5.540 1,766.570 - 1.774.060 1,780.500 1,787.610 1,793.460 1,799.000 1,799.000 "'~;.,: "- '. ;h'i.,or~.dr~em~.....LtPlan q;ontriJ111tio~<They ~' '.." :--~k~~::v~~' '. nvestment Contribution Year (IRA Only) MAKE ONE CHECK PAYABLE TO: . LORD ABBETT FUNDS P.O. BOX 219336 . I<.ANSASCITY ,ltiO,.,64 111 \~...':'..'2~\ '.. . ............. .......'. . .:~ .'. . 'If;~~ are chan~ngyour addr~~~ pleaNeECf1!W~J!ae ~~~~ this box: D * ~Ni'itr~~~)~ICATE 516641 0000 5505711n nnn97~An~~~n nnnnn~~ iI Silver Anniversary Quarterly Statement April 1, 2001 - June 29, 2001 DONALD E. MORNINGSTAR AND SHIRLEY A. MORNINGSTAR POBOX 55 NEWBURG PA 17240-0055 oee DISTRIBUTORS 1345 AVENUE OF THE AMERICAS NEW YORK NY 10105 . For more account information, please visit us online at www.aimfunds.com. or call Client Services at 800-457-0630. HOUSE 055704 000009999 001 ACCOUNT. NUMBER FUND INVESTMENT . OBJECTIVE . .~. .. . . SHARES PRICE MARKET. VALUE . Non-Retirement Accounts 7006411438 AIM Global Health Care Fund Class A (551) Int'l/Global Equity 735.850 $ 32.31 $ 23,775.31 TOTAL $ 23,775.31 Want to add to your AIM investment? For information on convenient checkless ways to invest (Internet, automatic bank draft, bank wire or phone), access http://www.aimfunds.com. and under Investor F AQs, click Purchasing More Shares. You can also mail us your personal check in the enclosed postage-paid envelope. Make the check payable to the fund in which you wish to invest, and write your account number on the Memo line or enclose the investment slip from your last transaction confirmation. The account(s) described on this statement is invested 100% with an investment objective of Int'l/G1oba1 Equity. UIIIIIII~IIU III '1121143BI!lJ. dud ~. JOHN HANCOCK FUNDS 1 John Hancock Way, Suite 1000 Boston. MA 02217 -1000 QUARTERLY SUMMARY April 2, 2001 - June 29. 2001 Page 1 of 1 Investment Professional Name Dealer Branch JOHN HANCOCK FUNDS INC FORMERLY MA DISTRIBUTORS 101 HUNTINGTON AVE 5TH FLOOR BOSTON MA 02199-7603 oem tS" 102 SHft DCE 159t '5.91 "\ 00000011 ,l;t1110'" DONALD E MORNINGSTAR SHIRLEY A MORNINGSTAR JT WROS BOX 55 NEWBURG PA 17240-0055 Customer Service Representative Monday to Friday 8:00 A.M. to 8:00 P.M. EASI-Line (24-hour, automated) 1-800-225-5291 1-800-338-8080 PORTFOLIO SUMMARY DMDENDS & CAPITAL GAINS POltI'FOUO VALUE ON. 4/0212001 CHANGE IN PORTFOUO VALUE POllTFOUO VALUE ON 6/29/2001 01llll1B -Sl1."034.03 $1,486.86 $12.520.89 Ouaner YID -NON-RE11RKMENT N::COUN'fS . DIVIDENDS AND SHORT-TERM CAPITAL GAINS lDNG- TERM CAPITAL GAINS TOTAL $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ACCOUNT DETAIL FUND NAME TECHNOLOGY A PUND-ACCOUNT NUMBER 83 - 1567651 SOCIAL SECURITYrrAX ID NUMBER On File Trade Date Desa:iodon NON-RETIBEMENT ACCOUNTS BEGINNDIG VALUE ON 4/0212001 ENDING VALUE ON 6/29/2001 DoUar Amount Share Price' Shares This "J.r.msamon Total Shares Owned $11.034.03 $12.520.89 $5.64- $6.<40 1.956.389 1,956.389 INVEST BY MAIL DONALD E MORNINGSTAR SHIRLEY A MORNINGSTAR JT WROS BOX SS NEWBURG PA 17240-0055 . FUND NAME TECHNOLOGY A FUND-ACCOUNT NUMBER 83 - 1567651 Make your check payable to John Hancock Signature Services, Inc. and mail it in the enclosed envelope. AMOUNT ENCLOSED: $ Please make any address changes on the reverse side, and. have all registered owners sign and return this slip. I ~II \'\~I~ ~11"111111'1 C. I f .a.. n Lincoln Overnight Address: 1300 South Clinton Street Fort Wayne IN 46802 FAX Number: \-260-455-1465 Financial Group@ Lincoln Life PO BOX 2340 FORT WAYNE IN 46801-2340 May 3,2002 JANE ADAMS 36 S PITT ST CARLISLEPA 17013-3225 Contract # 97-5056063 Morningstar, Shirley A. Dear Ms. AdamS: This letter is to confirm the value of the Lincoln contract referenced above. As of the market close on July 9,2001, the total contract value was $111,600.53. Thank you for the opportunity to be of service. If you have any questions, please can a customer service representative at 800-4LINCOLN (800-454-6265). Sincerely, ~~ Margie Crabtree Registered Representative Lincoln National Life Insurance Employer Sponsored Annuity Customer Service c: Shirley A. Morningstar Lois Valencia MC 3803 "" !,' ,~u ;:.~ :,;. q l"~ ;:" ".". :.:" - ';.. I.. www.lincolnlife.com L - ( 1 - k Registered representative of, and securities offered through, Lincoln National Life Insurance Co., member NASO, and Lincoln Financial Advisors Corp., member NASD, SIPC. I ;............1... c::...._......~_1 r___. AlIN"- ...MERle.... MBNA AMERICA BANK, N.A. P. O. BOX 151D3 . ~ WILMINGTON, dt 19850-5103 1- (Boo) -348-4632 ACCOUNT NUMBER 57-080225-6 . SHIRLEY A MORNINGSTAR PO BOX 55 NEWBURG PA 17240 FOR CHANGE OF ADDRESS, PLEASE USE THE REVERSE SIDE OF THIS FORM. NEA-SPONSORED FDIC-INSURED MONEY MARKET ACCOUNT STATEMENT PERIOD FROM 6i20/01 THROUGH 7/19/01 ACCOUNT NUMBER NUMBER OF DAYS 30 PAGE 57-080225' ACCOUNT SUMMARY INFORMATION ACCOUNT SUMMARY: BEGINNING BALANCE TOTAL S DEPOSITS/CREDITS TOTAL S WITHDRAWALS/DEBITS ENDING BALANCE AVERAGE BALANCE NUMBER OF DEPOSITS/CREDITS NUMBER OF WITHDRAWALS/DEBITS 52,640.26 199.69 0.00 52,839.95 52,640.20 1 o INTEREST SUMMARY: ANNUAL PERCENTAGE YIELD EARNED INTEREST EARNED THIS PERIOD AVERAGE BALANCE FOR YIELD CALC CALENDAR YTD INTEREST PAID CALENDAR YTD INTEREST WITHHELD 4.11 199.&8 52,640.26 1,625.81 0.00 TRANSACTION HISTORY INFORMATION POST DATE BALANCE 7/19 EFF DATE 6/20 7/19 7/19 TRANSACTION DESCRIPTION BEGINNING BALANCE INTEREST PAYMENT ENDING BALANCE TRANSACTION AMOUNT 199.69 52.640.26 52,839.95 52,839.95 INTEREST RATE HISTORY IMPORTANT NEWS DATE 6/20101 7/09/01 7/1b101 INTEREST RATE 4.65% 4.55% 4.50% TAKE IT EASY THIS SUMMER AND LET YOUR MONEY WORK HARD. OPEN AN NEA-SPONSORED GOLDCERTIFICATE CD. YOU CAN BENEFIT FROM HIGH YIELDS THAT ARE AMONG SOME OF THE HIGHEST IN THE NATION. TO OBTAIN THE CURRENT NEA RATE INFORMATION OR TO OPEN AN ACCOUNT, CALL NEA FINANCIAL SERVICES AT 1-800-348-4632. 3187 905 FDIC INSURED ell ...~.. . -. . ". .'- -' ',. . .', . June 30t 2001t' y~ar-to-date Page40f 9 . '.SIiARS;flQL..J)e~sti~M.J.\RIES '-". ') Donald E. Morningstar & Shirley A Morningstar Jt Ten WROS & Not .As Ten Com Statement number: 785287679 (800) 284-7245 - Voyager Service www.vanguard.com Web site (800) 662-6273 - Tele-Account TOTAL of ALL ACCOUNTS Value on 12/3112000 Value on 6/30/2001 $189,921.14 $ 198,234.09 INVESTMENT ACCOUNTS Value on 12/31 /2000 Value on 6/3012001 Bonds Vanguard Insured Long-Term Tax-Exempt Fund Investor Shares Stocks Vanguard Windsor Fund Total investment accounts $ 85.393,30 $85.393.30 $ 104,527.84 $ 104,527.84 $189.921.14 $ 87,478.57 $ 87,478.57 $110,755.52 $110,755.52 $198,234.09 Income year-to-date Tax-exempt income year-to-date Total $ 752.00 2,154.08 $ 2,906.08 Portfolio allocation Short-term investments Bonds Stocks 0.0% 44.1 55.9 100.0% en ~Jr\L 4 - 9 C! 547 3168 M4 ~x 111111111111111111111111111111111111111111111111111111111111111111~1111111 1 3 047062 .~tJn .. ," '-" , . ,'.- -. - '. ,"'. , . ,-. ... Jl.lfle 3q~ 2QOlt ye~r-to-date . 'Ya#~~d~;r~~u.~~:,.. . . - ...... '.~"" VFTC - CUSTODIAN IRA Donald E. Morningstar (800) 284-7245 Fund number: Account number: Statement number: - Voyager Service 56 9849215853 785287679 ACCOUNT VALVE On 12131/2000 . $ 205.068.42 On '6/30/2001 $ 270,058.30 Trade date 3/23 3/23 3/23 4/23 6/22 Transaction Balance on 12/31/2000 Income dividend .01 STcap gain .01 LT cap gain .84 Empl.oyee asset trnsfr Income dividend .25 Balance on 6/30/2001 Dollar amount $ 115.14 115.14 9,671.95 61.560.72 3,945.91 Share price $ 17.81 16.19 16.11} 16.19 16.83 16.86 $ 16.86 Shares transacted 7.112 . 7.112 597.403 3,657.797 234.040 Total shares owned 11,514.229 11 ,521 .341 11,528.453 . 12,125.856 15,783.653 16.017.693 16,017.693 Income dividends Short-term gains Long-term gains Total income year-to-date $ 4.061.05 115.14 9,671.95 $13,848.14 The current Fund distribution was payable on June 25, 2001. ) 2001 contributions 2000 contritiljtions 2001 distributions $0.00 0.00 0.00 INVEST-BY-MAIL Do not alter this slip. . Use only to purchase additional shares in: Vanguard STAR Fund . Fund number: 56 Account humber: 9849215853 Make cheCks payable to: Vanguard Fiduciary Trust Company - 56 VFrC. CUSTODIAN IRA Donald E. Morningstar P.O. Box 55 . Newburg fA 17240~OQ55 xx I I I ,XX , o Check box if changing your address; note new address. on reverse. 2001 Tax year contribution $ $ 2001 Rollover $ 2001 Custodial fee waived $ Total amount enclosed $ ~ VANGUARD VOYAGER SERVICE PO BOX 7800 PHILADELP~IA PA 19101-9892 ell VV\ . 1 3 9 - 9 __. 047067 547 316B M4 ~jx I 11111111111 1111111111 1111111111 III It 1111111111I11111111111111111 1111111111 0056 09849215853 25 Dollar amollnt Share price $ 11.25 $ 152.91 11.27 138.29 11.27 153.72 11.32 148.64 11.12 154.02 11.20 149.22 11.24. $ 11.24 $896.80 30-day Share yield price April 4.61% $11.13 May 4.60 11.19 June 4.55 11.25 ') ...~gtI~>.;;./.. Donald E. Morningstar Trade date Transaction BalanCe on 12/31/2000 Income dividend Income dividend Income dividend' Income dividend Income dividend Income dividend Balance on 6/30/2001 1/31 2/28 3/30 4/30 5/31 6/29 Tax-exempt income INVEST-BY..MAIL Do nof alter this slip, Use only to pl.IrchaSe additional shares in: Vanguard. J> AInsured Long-Term Tax.,...ExemptFundInvestor Shares Fund number: . 77 Accountnurnber: 9849215853 Make checks payable to: The Vanguard Group - 77 List each check separately. Total amount enclosed $ $ $ $ 0077 0984921585.3 30 j;i.,~..~.;.~~if..~.t.;:~.t,'~.~.ii.....'f;:": . . "-:~"" ':' . (800) 284-7245 Fund number: Account number: Statement number: - Voyager Service 77 9849215853 785287679 .ACCOUNT VAa..UE .Orro13012001 $35,900.07 On 12/31/2000 $ 35,034.10 Shares transacted Total shares owned 3,114.142 3,127.710 .3,139.981 3,153.561 3,166.928 3,180.680 3,193.956 3,193.956 13.568 1,2.271 13.580 13.367 13.752 13.276 Trade date Distributio.n payable date 5/01/2001 .6/01/2001 7/02/2001 4/27/2001 5/30/2001 6/28/2001 DonaldE. Morningstar P.O. Box 55 Newburg PA 17240-0055 o Check box if changing your addresS; note neW address on reverse. VANGUARD VOVA.GER SERVICE POBOX 7800 PHILADELPHIA PA 19101-989Z C((,J 13 8- 9 047066 . 547 3168 M4 ~ X 1IIIlIIIIlII 1111111111 1111111111 11111111111111111 111111111111 11111111111111 -- ORRST~BANI( o H I~ S TOW N, f' ,.; N N S Y L V ^ N r ^ I 7 ~ ,I.! SHIRLEY A MORNINGSTAR 11 SOURH THRUSH DRIVE CARLISLE PA 17013 Date 7/05/01 PRIMARY ACCOUNT TAX ID ENCLOSURES Page 5344 190-28-04 ........."....,. '-"'-'''''.. .~-~.ifIIl...~,...,. ... "_,,,.. _'~"_".. ',_.. '" ""_"_ - .". """"'"'''' -.._~.~".....~_.., . ..--..--~.,~ ""~-., ,. --. ACCOUNT NUMBER 534439 754110 A C C 0 U N T SUM M ACCOUNT TITLE CARRIAGE CLUB OPPORTUNITY STATEMENT SAVINGS CARRIAGE CLUB OPPORTUNITY ACCOUNT NUMBER PREVIOUS BALANCE 5 DEPOSITS/CREDITS 9 CHECKS/DEBITS SERVICE FEE INTEREST PAID CURRENT BALANCE C H E C KIN G A C C 0 U N T S A R Y CURRENT BALANCE 25,403.13 .00 ENCLOSURE 534439 675.18 30,186.81 5,467.34 .00 8.48 25,403.13 CHECK SAFEKEEPING Statement Dates 6/06/01 thru DAYS IN THE STATEMENT PERIOD AVERAGE LEDGER AVERAGE COLLECTED Interest Earned Annual Percentage Yield Earned 2001 Interest Paid 7/05/0J 3C 13,913.5C 13,125.1"i 8.4f 0.75 19.5"i ACTIVITY IN DATE ORDER DATE DESCRIPTION TRACE NO AMOUNT BZ'..L.7\.NC! 6/11 DEPOSIT 040225140 3,500.00 4,175.1E 6/13 CHECK 468 010009460 3,500.00_ 675. IE 6/15 DEPOSIT 050153570 1,000.00 l,675.IE 6/18 DEPOSIT 050241210 539.78 2,214.9E 6/21 DEPOSIT 040103450 23,775.00 25,989.9E 6/27 ATM WITHDRAWAL 77 E KING ST 000000616 5.00- 25,984.9E SHIPPENSBURG PA 6/28 CHECK 471 020011700 21.19- 25,963.7~ 6/29 CHECK 470 020063610 650.00- ~5,313.7~ 6/29 CHECK 169 020063600 25.00- 25,288.7~ 7/02 ANNUITANT PA TREASURY DEPT 503627068 1,372.03 26,660.8C PPD 7/02 POS DEBIT SHEETZ #070 002001.076 7.50- 26,653.3C SHIPPENSBURG PA 7/03 CHECK 474 020081940 250.00- 26,403.3( 7/03 POS DEBIT KMART 0 002001545 33.65- 26,369.6: SHIPPENSBURG PA 7/05 Interest Deposit [2 b 8.48 26,378.1: . -..--..,.... - ., ~ -~< . "i" . ':~~ . ."9). . '. CD (') " '" ".; -. ::J oCEt .... en' (DO) 0.< ::;: 5- . 'CQ en o - C 0" .. z ,- 'C ...... ".J. ' ,.. L Lj" .f ...,i..... '.J.': . - ~ boo. . :;,..;.0.;;"')_'<'",.-. .'__":.;~ '~'~', f:;' f":' ,"i.- :.-~., " .. ..::~.:~...:.',;.',",..'.,...._~~:r.;~ ".,. ~. >:.. ~ ,-.., , " " ;_.'.:1~~ 01 [~ -. :J . ." 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(f; Prudential For insurance service. get in touch with your representative or call the 800 number below: ANDREW DEVITT 201 HICKORY LANE SHIPPENSBURG PA 17257 (717) 532-4307 (800) 778-2255 W SH 0140 SHIRLEY A MORNINGSTAR PO BOX 55 NEWBURG PA 17240-0055 Congratulations! Your Piece of the Roc~just got bigger! We are pleased to tell you that a dividend of $35.60 will be credited to your life insurance contract 21 518 173 on Oct 27, 1999. This will be held by us to accumulate at interest for your benefit. (Current rate 4.000%). Your $73.21 of 1999 interest income on the accumulated dividends will be reported for income tax purposes under TaX I.D. or S.S. # 190-28-0481 . All premiums required for this contract have been paid. Thank you for insuring with The Prudential. e. (S Dividend Notice (This is Not a Bill) Dividend Date:- Oct 27, 1999 ',: . ,;./.;,,-,.'....,' '. ...:-:t1h\~,~p(~~n1h~r ';';:'.-: -....- N ",'.~J'~:~036. 60 ~:;;~t~t~~ .: ti'. -. ~;" :.,:.'.,.-- ----- ------- - - --- -- - - -- ------ ----- ~--- - - -- - -~~ ~ ='-" - -"~.= ~'---- -"-"-=-" ~'- - --- - - --" . . ,: .~ i/ ,. I I I I I , I I The PRUDENTIAL has a i variety of Insurance and \ financial services available. \ Please see the reverse side. 6 I LI 01 I &! 1 01 EI Tl Al CI HI HI EI ..r- R I SHIRLEY A MORNINGSTAR PO BOX 55 NEWBURG' PA 17240-0055 Contract Numbers 21 518 173 -\0 20200 VI Do We Have Your Correct Address? If the address shown is not correct, please furnish the information requested in the space below and send this form to the Prudential office shown above. Please include the. numbers of all policies for which the addresses should be changed. (Include letters if part of the number.) W SH 0140 New street address (include any P.O. Box or R.F.D. Number) City State Zip Code New telephone number (if available) Area Code New FAX number (if available) l.ul~ l~ NU'l' A BILL ~ Department of Veter<Jns Aft(lir~ ANNUAL INSURANCE POLICY STATEMENT POLrCYHOLDER FILE NUMBER POLlCY NUMBER MAILING DATE DONALD E KORNINGSTAR F RS 1734 15 70 w 17 34 15 70 11/27/00 2000 POLICY INFORMATION PLAN ~~ARY LI FE I Basic $ 2,000 i-. Pa i d-Up Add it ions Effective 11/30/77 - Who I e Li f e - $ 497 TOTAL COVERAGE - $ 2.'+97 Values As Of 12-29-00 Basic Policy Value S Paid Up Additions $ Less Indebtedness - $ TOTAL CASH VALUE : $ 998.44 281.26 0.00 1.279.70 Loan value is shown for the total insurance since loans are granted on the total insurance amount. CASH/LOAN V ALVES TOTAL LOAN VALUE - $ 1.202.92 - -. PREMIUMS Basic Premium $49.92 ~ Annual How Paid Direct Credit or Shortage $0.00 OTHER~ ... A. ~'l Current option: DIVIDEND OPTION NET PUA Your 2000 dividend of $91.05 paid 11/27/00 was applied under the Net PUA option. A letter regarding payment of this dividend was sent. under separate cover. INSURANCE DIVIDENDS ARE NOT SUBJECT TO FEDERAL INCOME TAX B. Would yau like to pay premiums bV monthly deductions from your checking account"!' Call us to find out more about VA MATIC. c. D. The current loan interest rate is 6% variable. This rate will remain Fin effect until October 1st. when it is subject to change. To apply for a loan. send a request with your signature to: P.O. Box 7327 Philadelphia. PA 19'01-7327 . -- . - .... I Please tell us promptly if you change your address. The Post Office does not forward Government checks. .. I . 8ENEFICIARV lNFOFlMATION c - (Co Your last beneficiary designation of record was made in 1977. Enclosed is a form to update your beneficiary. If you have anv Questions. call 1 ~Jtnn_~l:a_a.."J'7 -- -..-.. INCOME Plaintiff - Shirley A. Morningstar Social Security/month Retirement/month $ 761.00 1.372.03 $2,133.03 net/month $2,133.03 x 12 = $25,596.56 net /year* Defendant - Donald E. Morningstar Social Security/month Retirement/month $1,083.50 3.723.49 $4,806.99 net/month $4,806.99 x 12 = $57,673.88 net/year* *In addition, Husband has been paying and Wife has been receiving APL in the amount of $653.00/month and $86.67/month arrears effective September 20,2001. { \ (f Document #236100 1) -- . , . , - Recipient'! name, street addrC$3, city,state and ZlPcode PQNi\Ll) .~.'...MOR,.l\lrNqS'rAR PO.BOX55' .'. . NEWBuRGPA17240 - . .."'111I1111'18 . ":'->"'~"-';:'-':'."._-., ',:.. - " -". - -. . , . '.::.:.. '>\;:0,,:,,;:-,:-,'_:: ;",: ",;"'" i~i'.9':~i~~~~~T~::'/:""" . '.. ':-:":. v~~~~;.~~lrI~~:' '. -. .... ,,;'.~1:3,1)93';;?.9 -- ---.:.:~:-.....~~~~~~-=-- ac,lC 6. VOluntary federailncOme Tax 'Withheld 'NO~. T -, SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-3642 DONALD E. MORNINGSTAR, Defendant CIVIL ACTION - LAW COMPLAINT IN DNORcE INCOME AND EXPENSE STATEMENT OF DEFENDANT, DONALD E. MORNINGSTAR METZGER, WICKERSHAM, KNAUSS & ERB, P .C. BY~V~ . Karl R. Hildabrand, Esquire. . Attorney I.D. No. 30102 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Defendant E Document #: 219102.1 11/14/01 INCOME AND EXPENSE STATEMENT OF DONALD E. MORNINGSTAR Employer: None Address: Type of Work: Retired Payroll Number: Pay Period (weekly, biweekly, etc.): GROSS PAY PER PERIOD: N/A Itemized Payroll Deductions: Federal Withholding: Social Security: Medicare: Local Wage Tax: State Income Tax: Unemployment Tax: Retirement: Savings Bonds: Credit Union: Life Insurance: Health Insurance: Other: (specify) NET PAY PER PAY PERIOD: Document #: 2206021 OTHER INCOME: WEEK MONTH YEAR Interest 81.29 -, Dividends Pension 3,723.49 Annuity Social Security 1,083.50 Rents Royalties Expense Account Unemployment Compo Workmen's Compo TOTAL OTHER INCOME: 4.888.28 TOTAL MONTHLY NET INCOME: 4,888.28 Document #: 220602.1 " WEEKLY MONTHLY YEARLY HOME: Mortgage/rent Maintenance 1.800.00 Repairs UTILITIES: Electric 1,820.00 Gas Oil Telephone 800.00 Water Sewer EMPLOYMENT: Public Transportation Lunch TAXES: Real Estate 1,431.00 Personal Property Income INSURANCE: Homeowners Automobile 684.00 Life 671.00 Accident Health Other Document #: 220602.1 AUTOMOBILE: Payments Fuel 40.00 . Repairs Maintenance 300.00 Licenses Registration 26.00 Auto Club MEDICAL: Doctor , Dentist Orthodontist Hospital Medicine 200.00 Special needs EDUCATION: Private school Parochial school College Religious School lunches Books/misc. PERSONAL: Clothing 300.00 Food 200.00 Document #: 220602.] Barber/hairdresser 100.00 Personal care 100.00 Laundry/dry cleaning Hobbies Memberships CREDIT PAYMENTS: Credit card Charge account lOANS OR DEBTS: Credit Union MISCEllANEOUS: Household help 1,300.00 Child care Camp Pet expense Papers/books/ 750.00 magazines Entertainment Pay TV 186.00 Vacation 250.00 Gifts 6,000.00 . Legal fees 1,100.00 Charitable 1,500.00 Contributions Religious Memberships Children's Allowances Document #: 220602.1 Other Child Support Alimony payments Lessons for Children OTHER: trash removal 200.00 TOTAL EXPENSES 340.00 19,418.00 Document #: 220602.1 CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, of the law firm of Metzger, Wickersham, Knauss& Erb, P.C., hereby certify that I served a true and exact copy of Income and Expense Statement of Defendant with reference to the foregoing action by first class mail, postage prepaid, this -L day of ~ 2001 upon the following: Shirley A. Morningstar c/o Jane Adams, Esquire 117 South Hanover Street Carlisle, P A 17013 METZGER, WICKERSHAM, KNAUSS & ERB,P.C. t:0YC?&~ "/~ Karl R. Hildabrand, Esquire ( Document #: 219102.1 COMMONWEALTH OF PENNSYLVANIA STATE EMPLOYEES' RETIREMENT SYSTEM 30 NORTH THIRD STREET - P.O. BOX 1147 HARRISBURG, PENNSYLVANIA 17108-1147 TOLLFREE: 1-800.633.5461 www.sers.state.pa.us April 2, 2002 PENSION VERIFICATION DONALD E MORNINGSTAR PO BOX 55 NEWBURG PA 17240 SSN: 163-24-9515 Dear Annuitant: This is in response to your request for a monthly pension verification. These figures reflect your current annuity as of the above date. The information you requested is as follows: Gross Pension: ~--- $3,723.49 j Less Deductions: -L-- - Federal Withholding Tax: $977.82 - Health Insurance: $0.00 Other: $754.46 Net Pension: $1,991.21 The effective date of your annuity is 01-08-1994. Your regular retirementbenefit will be made. to you for life. Should you have any further questions regarding this matter, please contact our office. Remember to also notify SERS promptly when there is any change to your home address. Sincerely, Disbursements Section Benefit Determination Division AIN44 l( \L f 1111111111111111111I1111111111111111111111 111111111I111111111111I11111 Jane Adams ATTORNEY AT LAW 36 SOUTH PfTT STREET CARLISLE. PA. I 70 I 3 (717) 245-8508 (7 I 7) 245-8538 FAX ESQADAMS@AOL.COM May 20, 2002 Karl Hildabrand, Esquire 3211 N. Front Street, P.O. Box 5300 Harrisburg, Pa. 17110 - 0300 Re: Morningstar v. Morningstar No. 2001 - 3642 (Cumberland County) Dear Karl: Enclosed please find a letter from the Public School Employees' Retirement System regarding the value of Shirley Morningstar's account. Thank you for your attention to the above. Very truly yours, enclosure cc: Shirley Morningstar COMMONWEALTH OF PENNSYLVANIA PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM Mailing Address PO Box 125 Harrisburg PA 17108-0125 Toll-Free - 1-888-773-7748 (1-888-PSERS4U) Local- 717-787-8540 Web Address: www.psers.state.pa.us Building Location 5 North 5th Street Harrisburg P A May 14, 2002 Jane Adams, Esquire 36 South Pitt Street Carlisle PA 17013 RE: Shirley Morningstar S.S.# 190-28-0481 Dear Ms~ Adams: I am responding to a request made to the Public School Employee's Retirement System (PSERS) regarding a divorce matter for the above member. - Ms. Morningstar retired from the PSERS effective June 15, 1993. At the time of her retirement she selected the Maximum Option and elected to withdraw her contributions and interest. A breakdown follows: Contributions Contributions that cannot be withdrawn Interest Years of Service $25,705.57 1,485.03 . 10,960.13 33.43* *Includes a service credit of 3.04 years for Act 186 (retirement incentive). Since she elected to withdraw the available contributions and interest, the value of her account is $1,485.03. Ms. Morningstar is currently receiving a monthly benefit of $2, 165.~1 (gross). An Alternate Payee could only receive a portion of her monthly benefit. Ms. Morningstar began contributing to PSERS in October 1966 therefore her entire service credit would be considered marital property. If Ms. Morningstar's benefit is considered marital property and subject to equitable distribution, PSERS will require an Approved Domestic Relations Order (ADRO) that has been reviewed and approved by PSERS. However, if the benefit will not be subject to equitable distribution, PSERS will require a copy of the Property Settlement Agreement stating the ex-spouse is waiving any and all claims to her benefit with PSERS, or a 'Waiver of Pension Benefits" form (enclosed) signed by her ex-spouse. .' May 14, 2002 Jane Adams, Esquire Re: Shirley Morningstar SS#: 190-28-0481 You will find enclosed a copy of the most recent "PSERS Retired Member's Handbook", a pamphlet entitled "Let's Talk About Your Retirement Benefit and Divorce", a "Prerequisites for a Domestic Relations Order", and a sample "Domestic Relations Order" (DRO). If I can be of further assistance, you may reach me by calling toll-free 1-888-773-7748 Extension 4949, (local calls 720-4949) between 7:30 a.m. and 3:30 p.m. each business day. If you prefer, you may also reach me by FAX. at 717-787-7021 . Sincerely, 17Y~ c, i3~ Lenore C. Boyle Exception Processing Center Enclosure(s) cc: Shirley Morningstar PROPOSED DISTRIBUTION Husband ~ Net Proceeds Real Estate 1996 Ford Pickup Boat, Motor and Trailer Prudential Life Insurance Dept. of Veterans Affairs Life Investments: Vanguard - Long Term Tax Exempt (J) Vanguard - Windsor Fund Dreyfus Growth Fund Vanguard Star Fund Vanguard Long Term Tax Exempt (H) PSECU: Savings Checking CD Allfirst - Checking H. Bank Account 40% Household Furnishings and Personal Property State Employees Retirement Wife Y2 Net Proceeds Real Estate 1996 Ford Taurus Sedan Maverick R V Proceeds Prudential Life Insurance Investments: Lord Abbett Dreyfus Third Century Dreyfus Municipal Bond Aim Global John Hancock Tech A Janus (IRA) Allfirst (IRA) Lincoln Annuity MBNA Money Market Orrstown Bank: Savings Checking 60% Household Furnishings and Personal Property Wife's Jewelry Travelers Checks Player Piano Public School Retirement Document #236100 G- est. 75,000.00 8,000.00 5,000.00 ? ? 87,478.57 110,755.52 included in Vanguard Star Fund 270,058.30 35,900.07 5,055.24 4,590.02 10,584.10 included in PSECU checking ? 12,000.00 ? est. 75,000.00 8,000.00 28,000.00 ? est. est. est. 1,799.00 31,512.74 37,911.99 23,775.31 12,520.89 100,000.00 100,000.00 108,000.00 52,839.95 ? ? 18,000.00 8,000.00 500.00 2,000.00 ? , CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire of the law firm Metzger, Wickersham, Knauss & Erb, P.c., hereby certify that I served a true and exact copy of Defendant's Pre-Trial Statement Pursuant to Pa. R.C.P. 1920.33 with reference to the foregoing action by First Class Mail, postage prepaid, this ~ day of June, 2002, on the following: Jane Adams, Esquire 36 South Pitt Street Carlisle, P A 17013 METZGER, WICKERSHAM, KNAUSS & ERB, P.c. arl R. Hildabrand, Esquire Document #2361 00 .. . SHIRLEY A. MORNINGSTAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01- 3642 CIVIL DONALD E. MORNINGSTAR, Defendant IN DIVORCE ORDER OF COURT AND NOW, this ...- ytc...-'J / ..s day of OeitJ kt/ 2002, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated September 27, 2002, 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, J. cc: Jane Adams Attorney for Plaintiff Karl R. Hildabrand Attorney for Defendant ~ ~~ 10- 1f..,.().2.; ~. vvd -hO:p SJ -FO 20 l I ~ ....:/.Jr~,8 f\..iJ \, - ;Ot U : :il " I _ ':~- \ l~U '\ I' i\Cl ..J( (),:- 3rcl(L ~~ MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this J7~ day of ~+' , 2002, by and between DONALD E. MORNINGSTAR (hereinafter "Husband") and SHIRLEY A. MORNINGSTAR (hereinafter "Wife"), WHEREAS, the parties are Husband and Wife, married on June 29. 1958; and WHEREAS, two children were born of the marriage, Bronly E. Morningstar (d.o.b 7/14/59) and Laura L. Morningstar (d.o.b. 2/18/64); and WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: 1. SEPARATION Each party shall have the right to live separate and apart from the other party. ti-ee from the other party's interference, authority and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the other party's cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAIVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements or I iabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state. commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gi ves to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 4. REAL ESTATE The parties during the marriage owned as tenants by the entireties improved real property situated at 218 Three Square Hollow Road, Newburg, Cumberland County, Pennsylvania (hereinafter "Marital Residence"). The parties agree to use their best and reasonable effOlts to sell the marital residence as soon as possible. The parties will cooperate in the listing and pricing of said property for sale and will follow the reasonable advice of the listing realtor in establishing a listing and sale price. The parties further agree to modify the listing price as needed to facilitate a prompt sale of the property. The net proceeds of the aforesaid sale, at1:er payment of realtor commission, closing costs and other expenses, shall be divided equally between the parties. The parties shall share all necessary and related expenses related to the property from the date of this Agreement up to the date of sale including taxes, insurance, upkeep, maintenance and the like. 5. DIVISION OF PERSONAL PROPERTY (a) All items of personal propelty presently in Husband's possession shall be the sole and separate property of Husband. (b) All items of personal property presently in Wife's possession shall be the sole and separate property of Wite. 6. MOTOR VEHICLES "3 (a) Wife shall retain sole and exclusive possession and/or o\vncrship of the 1996 Ford Taurus Sedan. Wife shall be individually responsible for the payment of any encumbrances. leases, loans and automobile liability insurance on said vehicle and agrees to indemnify and hold harmless Husband from her failure to carry out said obligation. (b) Husband shall retain sole and exclusive possession and/or ownership of the 1996 Ford Pickup. Husband shall be individually responsible for the payment of any encumbrances and automobile liability insurance on said vehicle and agrees to indemnify and hold harmless Wife from his failure to carry out said obligation. (c) Both parties agree to execute. within thirty (30) days of the date of this Agreement. any and all forms. titles and documents necessary to transfer the aforesaid vehicle from joint ownership to individual ownership, as specified herein and to transfer the loan or lease obligations and encumbrances, if any, from joint obligations to individual obligations as specified herein. 7. RETIREMENT/PENSION/PROFIT SHARING/PLANS The parties acknowledge that husband is currently receiving retirement benefits from the Pennsylvania State Employees Retirement System ("SERS"), and wife is receiving retirement benefits from the Public School Employees Retirement Systems ("PSERS"). The parties shall arrange and pay for the preparation of qualified domestic relations orders with respect to both retirement plans with 50% of husband's retirement plan to be paid to wife and 50% ofwife's retirement plan to be paid to husband. The parties shall share equally the expense of the preparation and approval of the qualtied domestic relations orders. The parties further acknowledge that husband is the owner of the following individual retirement account: 4 Vanguard Star Fund IRA The parties further acknowledge that wife is the owner of the following individual retirement accounts: Janus IRA Allfirst IRA Lincoln Annuity The parties agree that the Vanguard Star Fund IRA shall be the sole and separate property of husband and wife does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, she may have in said fund, if any, and it shall become the sole and separate property of husband hereafter. The parties further agree that the Janus IRA, the Alltirst IRA. and the Lincoln Annuity shall become the sole and separate property of wife and husband does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he may have in said accounts, if any, and said accounts shall become the sole and separate property of wife hereinafter. 8. DIVISION OF BANK ACCOUNTS The parties acknowledge that husband and wife have divided their bank accounts to their mutual satisfaction. Husband shall retain those funds presently in the PSECU savings, checking 5/'lM. and CD accounts and wife shall retain those funds in the Orrstown Bank !.u v ;u!i:5 aloW checking ~ account~ Any other bank accounts presently in the possession of either party shall become their sole and separate property and the other party does hereby specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, if any, he or she may have in the funds that are to become the sole and separate property of the other pursuant to the terms of this agreement. 9. INVESTMENTS - The parties acknowledge that the t()lIowing investment accounts were established and maintained during the marriage: (a) Vanguard Long Term Tax Exempt (joint) (b) Vanguard- Windsor Fund (c) Lord Abbett Fund (d) Dreyfus Third Century (e) Dreyfus Municipal Bond (t) Aim Global (g) John Hancock Tech A (h) MBNA Money Market Each of the funds specified above in this paragraph shall be divided equally between husband and wif-e and both parties shall cooperate and sign those documents necessary to divide said accounts. The parties further acknowledge that husband shall retain his Vanguard Long Term Tax Exempt Fund, which is nonmarital property, having inherited said fund from his mother's estate. Wife hereby specifically waives, releases, renounces and forever abandons whatever right, title interest or claim she may have, if any, in said accounL 10. JOINT DEBTS Any debts or obligations incurred by either party in his/her individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. 11. AFTER-ACQUIRED PROPERTY 6 Each of the parties shall own and enjoy. independently of any claim or right of the other. all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmanied. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 12. LIFE INSURANCE Husband hereby acknowledges that he is currently the owner of life insurance policies with Prudential Life Insurance and the Department of Veterans Affairs Life. Wife hereby waives any interest she may have in said policies. Wife hereby acknowledges that she is currently the owner of a life insurance policy with Prudential Life Insurance. Husband hereby waives any interest he may have in said policy. Except as stated elsewhere in this Agreement, the parties waive and relinquish any right or interest, of whatever nature, including claims to the cash value of any life insurance policies which either may have against the other. 13. SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest. claims or demand of whatsoever nature which he or she now has or hereafter can. shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state. country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum, and right to seek equitable or community distribution or division or assi~nment of)r~perty OJ." similar marital .right. effective hom the date of t\'.is ~ -fie.>- ..I..A<V:LfI... kJ,UOVl:"~ ~~Q_ sA.A). rQiRiiQRt a'6d forever thereafter. .p4/W\.. 14. COUNSEL FEES AND EXPENSES Each party shall be responsible for the payment of his or her own counsel fees and expenses, except as otherwise specified herein. 15. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to equally divide their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not. except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 16. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 as amended, and other applicable laws. Each party confirms that he/she understands fully the terms. conditions, and provisions of this Agreement and believes them to be fair. just, adequate and reasonable under the existing circumstances. The parties further contlrm that each is entering into this Agreement t; freely and voluntarily and that the execution of this Agreement is not the result of any duress. undue inf1uence. collusion, or improper or illegal agreement. 17. EFFECT OF DIVORCE DECREE ON AGREEMENT The parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree, the provisions of this Agreement may be incorporated by reference or in substance, but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself at law or in equity, or in any enforcement action filed to the divorce caption as provided in Section 3] 05(a) of the Divorce Code. as amended. However, as provided in Section 3] 05(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel tees or expenses shall not be subject to modification by the Court. 18. DATE OF EXECUTION The "date of execution", "date of this agreement" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement" or "execution date" shall be the date on which the last party signed this Agreement. 19. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 20. SEVERABILITY AND INDEPENDENT AND SEP ARA TE COVENANTS l) Each separate obligation shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, eflect and operation. 21. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall ensure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 22. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations. warranties, covenants or promises other than those expressly set forth in this Agreement. ')'"' -.) . MODIFICATION OR WAIVER TO BE IN WRITING No moditication or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 24. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall not constitute a waiver by that party to demand strict performance in the future. r _J. VOLUNTARY EXECUTION -'! n -.:,\) The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. 26. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 27. ATTORNEYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. 28. FULL DISCLOSURE The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year tlrst written above. WITNESS: (l ~0nQDf:'.( 11 .' COMMONWEAL TH OF PENNSYL VANIA: : SS COUNTY OF CUMBERLAND On this, the /1 day of ~9-\-elY\be.-r 2002, before me a Notary Public in and for said County and State the undersigned officer, personally appeared Donald E. Morningstar, known to me (or satisfactorily proven) to be the person whose name is described to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and ofticial seal. My Commission Expires J., - q -~l ~(UQ~\ l~-'--- NOTARIAL SEAL \PAMELA A SWITALSKI Notary Public Shippensburg. Cumberland County My Commission Expires Feb. 9, 2004 -_._...._-.~,~--_._- 12 .. .. COMMONWEAL TH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND 'T-1~ L /~ On this, the r::Y. I day of SQ~~2002, before me a Notary Public in and for said County and State the undersigned officer, personally appeared SHIRLEY A. MORNINGSTAR, known to me (or satisfactorily proven) to be the person whose name is described to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. .. -.-.,-- -~". n_~'" ,~....'r~=~J lr!<":.'::-~--='''-,'''''~''<- ......;', ~ . ~' : ,: ~;:}!;i~c f ' (,:~:rJ;~~f :' ,. "~"".\ f~ '..~Q4 ~~~~:z..~>;~!. :~';"c":, 'c..~,):'-:":~~~~~~~'l',"~;:'~~~;::-:~ -', My Commission Expires 13 o N o f\ + q5i"' - , {J; ,-'-' ., 00 }~; :s~~. " ~.~) N () \)J ~ ~ o f;~ -:J .-) --I I CiJ ~".i =< , . -'-./ t....J -..... State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 03/24/03 Tribunal/Case Number (See Addendum for case summary) ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT ,,~)d. cJecJl- r:3-&v;r {l(tJJ L fJIPc;.[ <:. 1.J'7/0 31'13 o Original Order/Notice o Amended Order/Notice o Terminate Order/Notice . COMMONWEALTH OF PA C/O PAYROLL OPERATIONS ATTACHMENTS RESEARCH UNIT PO BOX 8006 HARRISBURG PA 17105-8006 RE: MONINGSTAR, DONALD E. Employee/Obligor's Name (Last, First, MI) 163-24-9515 Employee/Obligor's Social Security Number 7801100864 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, Mil Employer/Withholder's Federal EIN Number See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMA TlON: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0 . 00 per month in current support $ 0 . 00 per month in past-due support Arrears 12 weeks or greater? 0 yes (X) no $ 0.00 per month in medical support $ 0 . 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0 . 00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: _~42003 BY THE For;) \. EbrL-I-1-I2- a. :.;' .~'.'! ~ li .ilii~ :P;'"" ~,."''' k& Form EN-028 Worker ID 21005 Service Type M ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS o If checked you are required to provide a copy of this form to your. employee. If your employe~ works in.a state that is different from the state that issued this order, a copy must be provided to your employee even If the box IS not checked. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. . 2. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 3. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 4. * RepOl'ting the raydate/Date of Withholding. You must leport the paydate/date of hithholding v~hen sending the paynlent. The paydateldate of vv ithholding is the date on which amount was vvithheld flOm the emplOyee's vvages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified be/ow. WITHHOLDER'S ID: 2321722990 EMPLOYEE'S/OBlIGOR'S NAME: EMPLOYEE'S CASE IDENTIFIER: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: MONINGSTAR, DONALD E. 7801100864 DATE OF SEPARATION: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 10. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: DOMESTIC RELA nONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Worker ID 21005 Service Type M OMB No.: 0970-0154 0 \IV ' . ~ .... (' ;s- N ..c. c,o.) .-' l: . v\ V\ ~ ~ ." In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SHIRLEY A. MORNINGSTAR ) Docket Number 01-3642 CIVIL Plaintiff ) vs. ) PACSES Case Number 127103883 DONALD E. MONINGSTAR ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 24TH DAY OF MARCH, 2003 IT IS HEREBY ORDERED that the support order in this case be 0 Vacated or OSuspended or W Terminated without prejudice or 0 Terminated and Vacated, effective OCTOBER 22, 2002 ,due to: THE PARTIES' DECREE IN DIVORCE. THERE IS NO BALANCE DUE THE PLAINTIFF. BY THE COURT: DRO: RJ Shadday xc: plaintiff defendant Jane Adams, Esquire Karl Hildabrand, Esquire /J 0" /(7JJ ,~v '1 ~\I~ Edgar B. Bayley " JUDGE ...... r'" I!"""'!! ~ ij ~~ ~<~",>. !_~.',':.~J':JJi~ 3J.,/-t3 Service Type M Form OE-504 Worker ID 21005 o \,)J $ III -, (\ :?" "J ..c IN VI ",,\ ~ 't RE C~,lVE.D M~~ 23 03 p.S.E.R.S. In The Court Of Common Pleas Of Cumberland County, Pennsylvania JUN 1 2 2003 u Plaintiff Shirley A. Morningstar Docket No. 01-3642 In Divorce v. Defendant Donald E. Morningstar ACTION IN DIVORCE DOMESTIC RELATIONS ORDER 1"2- \ L? And Now, this day of -..J .~ ,20".> ,this Stipulation and Agreement of the parties is hereby made a Domestic Relations Order. ,.}~,) / /, t.27 Le1pJ~~ :11 RIG a.) ~.C5.3 DRAFTED: 5/16/03 03-28'{)3-32&<l948Q V.'l\?71:'i; f r _, '''.'' ~,.} \ ;/,\~.:!\~t\,:r I l\_lJ\::--('- ~ -.' 'H'i;::jC -.:v\Jn:J . I::; :Z ! ! ~ I ;~j ;? f i,~;~lr !,- .J: <_ ---- --.-.------- -------- In The Court Of Common Pleas Of Cumberland County, Pennsylvania RECE\VEO l<i~ 't 23 03 p.S.E.R.5. Plaintiff Shirley A. Morningstar Docket No.' 01-3642 In Divorce v. Defendant Donald E. Morningstar ACTION IN D1VORC~UN 1 2 2003 STIPULATION AND AGREEMENT AND NOW, the parties, Shirley A. Morningstar, Plaintiff, and Donald E. Morningstar, Defendant, do hereby Stipulate and Agree as follows: 1. The parties hereto were husband and wife, and a divorce action is in this Court at the above number, and this Court has personal jurisdiction over the parties. The parties were married on June 29, 1958 and divorced on October 22,2002. 2. Shirley A. Morningstar, hereinafter referred to as "Member," is a member of the Commonwealth of Pennsylvania, Public School Employees' Retirement System, hereinafter referred to as "PSERS." 3. PSERS, as a creature of statute, is controlled by the Public School Employes' Retirement Code, 24 Pa. C.S. Section 8101 et.seq. ("Retirement Code"). 4. Donald E. Morningstar, hereinafter referred to as "Alternate Payee," is the former spouse of Member. 5. The name, last known address, social security number, and date of birth of the plan "Member" are: Name: Shirley A. Morningstar ("Member") Address: 405 Front Street, Boiling Springs, Pennsylvania 17007-9793 Social Security Number: 190-28-0481 Birth Date: July 4, 1935 6. The name, last known address, social security number, and date of birth of the "Alternate Payee" are: Name: Donald E. Morningstar ("Alternate Payee") Address: 18 Hendel Loop, Carlisle, Pennsylvania 17013 Social Security Number: 163-24-9515 Birth Date: January 19, 1932 It is the responsibility of Alternate Payee to keep a current mailing address on file with PSERS at all times. 7. Fifty percent (50%) of the Member's monthly retirement benefit is to be allocated to Alternate Payee for the purpose of equitable distribution of this marital asset. DRAFTED: 5/16/03 03-28-03-326-0948Q .. RECE\\lED l'\~ ~ 23 03 8. Member's retirement benefit is defined as all r1i8nf€~, '~aid to or on behalf of Member of PSERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by PSERS or any deferred compensation benefits paid to Member by PSERS. Equitable distribution of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7) shall commence as soon as administratively feasible after the entry of this Stipulation and Agreement as a Domestic Relations Order is acceptable to PSERS. .......... 9. The Alternate Payee shall not be considered as the surviving spouse for. any death benefits. 10. The type and amount of Member's retirement benefit payable under the terms of this Stipulation and Agreement after its entry as a Domestic Relations Order acceptable to PSERS is dependent upon which option(s) is (are) selected by Member upon retirement. Member and Alternate Payee expressly agree that: (a) Member may elect the maximum retirement annuity available under the PSERS. 11. In the event that the Member predeceases the Alternate Payee after retirement, all payments to the Alternate Payee shall cease. In the event that the Alternate Payee predeceases the Member after payments commence, his share of the Member's benefit shall revert to the Member. 12. Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 13. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by PSERS. The Alternate Payee is only entitled to the specific benefits offered by PSERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by PSERS not granted to Alternate Payee are preserved for Member. 14. It is specifically intended and agreed by the parties hereto that this Stipulation and Agreement: (a) Does not require PSERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require PSERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order based on this Stipulation DRAFTED: 5/16/03 03-28-Q3-326-{)948Q , 10 . and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate any existing Order. 17. Upon its entry as a Domestic Relations Order, a certified copy of this Stipulation and Agreement and any attendant documents shall be served upon PSERS immediately. The Domestic Relations Order shall take effect immediately upon its approval and the approval of any attendant documents by PSERS and shall remain in effect until further Order of Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation, do hereunto place their hands and seals. Dated:r-'W'> L/, .:J&!J3 Dated:~ I Z) ~...3 ~ b~~ Donald E. Morningstar ?J :x rn :0 :c> (") en -< r.1 N 11'1 ;0 w .,,...- ~- fJ) 0 rn w 0 DRAFTED: 5/16/03 03-28-03-326-0948Q In the Court of Common Pleas Of Cumberland County, Pennsylvania Plaintiff Shirley A. Morningstar Docket No. 01 - 3642 JUN 1 2 2003 v. Defendant Donald E. Morningstar ACTION IN DIVORCE DOMESTIC RELATIONS ORDER And now, this ,l-1Jay of ~-n ~f ~ 2003, this Stipulation and Agreement is hereby made a Domestic Relations Order. --s l I // J. WfllG-/ ~ ~ Lf'\~r;;,,~'d. I \~J~ 5 O/"- J ~-03 ":~:--"N,n'" .," J - lj(;:"~ ~ I . , !-,' 71 '.....:""' f"- il "U :K) -- ......--.-..------------------.. In the Court of Common Pleas Of Cumberland County, Pennsylvania JUN 1 2 2003 {/ Plaintiff Shirley A. Morningstar Docket No. 01 - 3642 v. Defendant Donald E. Morningstar ACTION IN DIVORCE STIPULATION AND AGREEMENT AND NOW, the parties, Shirley A. Morningstar, Plaintiff, and Donald E. Morningstar, Defendant, do hereby Stipulate and Agree as follows: 1. The parties hereto were husband and wife, and a divorce action is in this Court at the above number, and this Court has personal jurisdiction over the parties. The parties were married on July 29, 1958 and divorced on October 22, 2002. 2. Donald E. Morningstar, hereinafter referred to as "Member" is a member of the Commonwealth of Pennsylvania, State Employes' Retirement System, hereinafter referred to as "SERS." 3. SERS, as a creature of Statute, is controlled by the State Employes' Retirement Code, 71 Pa.C.S. Section 5101-5956 ("Retirement Code"). 4. Shirley Morningstar, hereinafter referred to as "Alternate Payee" is the former spouse of Member. 5. The name, last known address, social security number, and date of birth of the plan "Member" are: Name: Donald E. Morningstar ("Member") Address: 18 Hendel Loop, Carlisle, Pa. 17013 Social Security No. #163-24-9515 Birth Date: January 19,1932. 6. The name, last known address, social security number, and date of birth of the "Alternate Payee" are: Name: Shirley Morningstar ("Alternate Payee") Address: 405 Front St., Boiling Springs, Pa. 17007-9793 Social Security No. #190-28-0481. Birth Date: July 4, 1935. It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. Member is currently receiving a monthly annuity pursuant to the terms of a Full Retirement Allowance. The Alternate Payee shall receive fifty percent (50%) of the Member's monthly annuity payment for the balance of the Member's lifetime together with 100% of any benefit payable by SERS after the death of the Member. 8. Member's retirement benefit is defined as all monies paid to or on behalf of a Member of SERS, including any lump sum withdrawals, but excluding the disability portion of any disability annuities paid to Member by SERS or any deferred compensation benefits paid to Member by SERS. Equitable distribution of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7) shall commence as soon as administratively feasible after the entry of this Stipulation and Agreement as a Domestic Relations Order is acceptable to SERS. 9. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 10. Member and Alternate Payee acknowledge that at the time the Member filed a retirement application with SERS, the Member elected to receive a monthly annuity based on the terms of the Full Retirement Allowance. The parties further acknowledge that when the Member retired, he also elected to withdraw his accumulated deductions, as a result no death benefit shall be payable and all monthly Payments to the Alternate Payee shall cease upon the death of the Member. The Member waives any right to select a different retirement option due to any change in his marital status. 11. In the event of the death of Alternate Payee prior to receipt of any payments payable to her from SERS under the terms of this Stipulation and Agreement, any death benefit or retirement benefit payable to Alternate Payee by SERS shall revert to Member. 12. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and " - Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee are preserved for Member. 13. It is specifically intented and agreed by the parties hereto that this Stipulation and Agreement: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than Actuarial Values. 14. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order based on this Stipulation and Agreement but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type of form or benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate any existing Order. 16. Upon entry as a Domestic Relations Order, a certified copy of this Stipulation and Agreement Qfliff"' attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon its approval and the approval of any attendant documents by SERS and shall remain in effect until further Order of Court. WHEREFORE, the Parties, intending to be legally bound by the Terms of this Stipulation, do hereunto place their hands and seals. Date:~ II, 4b-03 Date:~ \~ ",801 F ~ ~t, ~onald E. Morningstar If In the Court of Common Pleas Of Cumberland County, Pennsylvania Plaintiff Shirley A. Morningstar DocketNo.01-3642 v. Defendant Donald E. Morningstar ACTION IN DIVORCE AMENDED DOMESTIC RELATIONS ORDER AND NOW, this --? DECREED as follows: day of July, 2003, it is therefore ORDERED and The Domestic Relations Order of June 12, 2003, regarding Donald Morningstar's retirement benefits entered by this Honorable Court shall remain in effect with the following changes: Paragraph 8 Of the previous order entered in this case, regarding Donald E. Morningstar's SERS retirement plan is amended to state: 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals, or scheduled ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before the Member's marriage to Alternate Payee or after the date of the Member and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to Member by SERS. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7) shall be payable to Alternate Payee and shall cofllmence as soon as administratively feasible on or about the date the Member actually enters pay status and SERS approves as a Domestic Rel~tions Order incorporating this Stipulation and Agreement. ~ Paragraph 9 Of the previous order entered in this case, regarding Donald E. Morningstar's SERS retirement plan is amended to state: 9. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee fo.- amounts paid to each. In addition, Membe.- shall execute and delive.- to Alternate Payee an authorization form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to insure that this Order is being complied with. ORDERED and DECREED this -/ day of <oJ 4 BY THE COURT~.1 / ./ '" ,~.. /' ,2003 J. /.,. .! I / lfl? ,=:;:1(' /( ./ ...... 7- g" 03 CTA .~-tL .'L ' ~~, ~ f11t4h~ ~ ~~~ t<Jrl p:/ed I~ fr)lwnJiJ.7 $;v J, f)oo3 P )fJ JJ In the Court of Common Pleas Of Cumberland County, Pennsylvania Plaintiff Shirley A. Morningstar Docket No. 01 - 3642 v. Defendant Donald E. Morningstar ACTION IN DIVORCE PETITION FOR AMENDED DOMESTIC RELATIONS ORDER AND NOW COMES, Shirley A. Morningstar, by and through her attorney, Jane Adams, and respectfully represents the following: 1. Plaintiff is Shirley A. Morningstar, of 405 Front St., Boiling Springs, Pa. 17007. 2. Defendant is Donald E. Morningstar, of 18 Hendel Loop, Carlisle, Pa. 17013. 3. Pursuant to a marriage settlement agreement executed by the parties, and filed under the above-caption, a Domestic Relations Order was submitted and approved by this Honorable Court on June 12, 2003, regarding Donald E. Morningstar's retirement with the State Employees' Retirement System. (Hereinafter referred to as SERS). 4. Prior to submission to the Court, the Domestic Relations Order was reviewed by Deb Thumma, an employee of SERS, and she indicated that the Domestic Relations Order would be acceptable to SERS. 5. On or about June 30, 2003, Deb Thumma of SERS contacted counsel requesting changes to the existing Domestic Relations Order. 6. Attorney for Defendant, Karl Hildabrand, Esquire, has been contacted regarding this matter, has reviewed the proposed changes, and has no opposition to the entry of this Order. WHEREFORE, Plaintiff, Shirley A. Morningstar, requests that this Honorable Court approve the requested changes to the Order of June 12, 2003. Date: 7.s. () J Ja e Adams, Esquire I. . No. 79465 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF SHIRLEY MORNINGSTAR . , CERTIFICATE OF SERVICE I, Jane Adams, Esquire, hereby certify that a true and correct copy of the within Petition has been served upon the following individual, by United States Mail, first class, postage prepaid, in Carlisle, Pennsylvania on the Svc~ day of "- . .J L/ Lr- , 200'; Karl Hildabrand, Esquire Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, Pa. 17033-1213 Date: /- <3. 3 H ~ ~ o v..J (") ~; ..g",., ~-:.- ~~': ~i!J'::;; ztI. ~'?f'-. ~-t . !:>1:.-, .:'_,'. 'j ~~ -~-- ~t~ )>~ ~ uv vJ -C. ~ / --, C'} ..r-i CJo~' c;::-= --( ---'.-~ ,. -r'~ -it __;.;.~ . '--'-..,) -:-;;.,--:_< I 0-.,-, gr ~lJ -< ~) ~ ~.) ~ ... JUL u 3 Z003 In the Court of Common Pleas Of Cumberland County, Pennsylvania Plaintiff Shirley A. Morningstar Docket No. 01 - 3642 () G ~Ff" 2.:' co'. r;i('< ~{: ~~,.- ".-- v. Defendant Donald E. Morningstar ACTION IN DIVORCE ..r,__ =< :,.,-' (J') PETITION FOR AMENDED DOMESTIC RELATIONS ORDER AND NOW COMES, Shirley A. Morningstar, by and through her attorney, Jane Adams, and respectfully represents the following: 1. Plaintiff is Shirley A. Morningstar, of 405 Front St., Boiling Springs, Pa. 17007. 2. Defendant is Donald E. Morningstar, of 18 Hendel Loop, Carlisle, Pa. 17013. 3. Pursuant to a marriage settlement agreement executed by the parties, and filed under the above-caption, a Domestic Relations Order was submitted and approved by this Honorable Court on June 12, 2003, regarding Donald E. Morningstar's retirement with the State Employees' Retirement System. (Hereinafter referred to as SERS). 4. Prior to submission to the Court, the Domestic Relations Order was reviewed by Deb Thumma, an employee of SERS, and she indicated that the Domestic Relations Order would be acceptable to SERS. 5. On or about June 30, 2003, Deb Thumma of SERS contacted counsel requesting' changes to the existing Domestic Relations Order. " 6. Attorney for Defendant, Karl Hildabrand, Esquire, has been contacted regarding this matter, has reviewed the proposed changes, and has no oppositionlo the entry of this Order. c:} c,,: ~:; ---! WHEREFORE, Plaintiff, Shirley A. Morningstar, requests that this Honorable Court approve the requested changes to the Order of June 12, 2003. Date: -7 -s ,oJ Ja e Adams, Esquire I. . No. 79465 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF SHIRLEY MORNINGSTAR .. " CERTIFICATE OF SERVICE I, Jane Adams. Esquire, hereby certify that a true and correct copy of the within Petition has been served upon the following individual, by United States Mail, first class, postage prepaid, in Carlisle, Pennsylvania on the -~VO/ day of '5 u L(j-_ , 200'; Karl Hildabrand, Esquire Nestico, Druby & Hildabrand, LLP 840 East Chocolate Avenue Hershey, Pa. 17033-1213 Date: /< ).3 By: ~ SHIRLEY A. MORNINGSTAR, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01 - 3642 Civil Term DONALD E. MORNINGSTAR, Defendant : ACTION IN DIVORCE ORDER OF COURT AND NOW, this ~;7lltd Day of 'rV\o...~ , 2004, is hereby ORDERED AND DECREED that Jane Adams, Esquire, is permitted to withdraw her appearance in the above- captioned matter. ., cQ~~~z,~ J. cc: ~ane Adams, Esquire ..;Karl Hildabrand, Esquire ? r/'Shirley Morningstar (:;,'..1 ,,-.;.: -:':,.1 c-...... SHIRLEY A. MORNINGSTAR, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01 - 3642 Civil Term DONALD E. MORNINGSTAR, Defendant ACTION IN DIVORCE MOTION TO WITHDRAW APPEARANCE 1. Movant, Jane Adams, Esquire (hereinafter referred to as "Counsel") currently represents Shirley A. Morningstar in the above-captioned matter. 2. A Rule was recently issued in this matter, which is returnable within thirty (30) days. (See Exhibit A). 3. Counsel believes a conflict of interest has arisen which makes it impossible to continue representing Plaintiff in this matter. 4. Counsel believes that professional considerations require termination ofthe representation. 5. Counsel has indicated to Defendant that she could not further represent her. 6. Counsel does not believe her withdrawal would materially adversely affect Defendant. WHEREFORE, Movant requests this Honorable Court to grant permission to withdraw her appearance on behalf of Shirley A. Morningstar. Date: 3 -~ I 7 - 0 'I ane Adams, Esquire J.D. No. 79465 / /36 South Pitt St. ~ Carlisle, Pa. 17013 (717) 245-8508 MAR 1 0 2004 Y SHIRLEY A. MORNINGSTAR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3642 CIVIL TERM DONALD E. MORNINGSTAR, : ACTION IN DIVORCE Defendant RULE TO SHOW CAUSE AND NOW, this (l... 1.2 - day of 7YI ~ :2 oo'fupon consideration of Defendant's Petition to Enforce Marriage Settlement Agreement Pursuant to Pa.R.c.P. 3105, a rule is hereby issued upon Plaintiff to show cause, if any she has, why the relief requested herein shouid not be granted. Rule returnable 3D days after service hereof. BY THE COURT: /5)- 0~ ;313.,~ T. I / TRUE COpy FROM ~~COfY,ii' In Teate ~ '.. ."Iit.., ru....J .~ , rip" G!Y V:.et~eo1, I here ltnw !~ Ii"IY nan,a ana the ~;j! 6t said r't';.<Iri' ~-t 1'<.. /]...1 ri. ' /. Q.> ..,......,... l Oil ,~r I~~ f'a "1~-:21 ~b. ~ ~v · (, 'f' " - ~- y = Prathe. lCft.5fV eXftIB/T A- CERTIFICATE OF SERVICE AND NOW, this March rr~004, I, Jane Adams, hereby certify that a copy of the PETITION has been duly served upon the following parties, by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: Karl Hildabrand, Esquire Nestico, Druby & Hildabrand, LLP 840 East Chocolate A venue Hershey, Pa. 17033-1213 Attorney for Donald Morningstar Shirley Morningstar 405 Front Street Boiling Springs, Pa. 17007 Plantiff , ane Adams, Esquire .D. No. 79465 36 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 =--------. o -4== ~ (' ;>- ....J o t'i"' "'" > () r--- r--..> c'.:;) c"-.:) ..;.-~- o -1'1 .-l 0-"""-' :>;:1 -_J G Ci' -_.~---~..--_.,--- SHIRLEY A. MORNINGSTAR, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. No. 01 - 3642 Civil Term DONALD E. MORNINGSTAR, Defendant : ACTION IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance for Plaintiff, Shirley A. Morningstar, in the above- captioned matter. Date: ?7/-:?O/O i-/ }?,Udi ane Adams, Esquire 36 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 MAR 1 8 2004 SHIRLEY A. MORNINGSTAR, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 01 - 3642 Civil Term DONALD E. MORNINGSTAR, Defendant : ACTION IN DIVORCE ORDER OF COURT AND NOW, this ,ZA~ Day of {fj~ , 2004, is hereby ORDERED AND DECREED that Jane Adams, Esquire, is permitted to withdraw her appearance in the above- captioned matter. ,Sf&lpJ -8 * cc: Jane Adams, Esquire Karl Hildabrand, Esquire Shirley Morningstar --- ------- r-~ = ~ ....- ~ ;::J (.., o ~ .-4 :r:..,., rn F': -nrn ~.by 9b :r=n ~8 ;tv :.-<.: 5~ c;'? C.,) C) ~ NESTIUO, DRURY & HILDABRAND, PU ATTORNEYS AT LA W 840 East Chocolate Avenue, Hershey, PA 17033 Phone (717) 533-5406 Fax (717) 533-5717 www.hersheypalaw.com March 25,2004 The Honorable Edgar B. Bayley Cumberland County Court of Common Pleas One Courthouse Square Carlisle, P A 17013 RE: Morningstar v. Morningstar Docket No. 01-3642 Dear Judge Bayley: On March 12, 2004 you issued a Rule to Show Cause upon the filing of Defendant's Petition to Enforce Marriage Settlement Agreement. Thereafter, you signed an Order permitting Attorney Adams to withdraw as counsel for Mrs. Morningstar. I have been advised by my client that Mrs. Morningstar has now reimbursed Mr. Morningstar for the full amount sought in the petition. Mr. Morningstar has advised me that he wishes to withdraw the petition at this time and not pursue his claim for counsel fees or other potential sanctions. Accordingly, please consider Defendant's Petition withdrawn at this time. Thank you. Very truly yours, NESTlCO, DRUBY & HILDABRAND, LLP r y;;:/(? c:6/t::~~?'<<i~ Karl R. Hildabrand* :mlp cc: Donald Morningstar Shirley Morningstar, pro se *Board Certified in civil trial law and advocacy bv the National Board of Trial Advocacy MAR 1 0 2004 ~ \\ SHIRLEY A. MORNINGSTAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3642 CIVIL TERM DONALD E. MORNINGSTAR, Defendant ACTION IN DIVORCE AND NOW, this RULE TO SHOW CAUSE \~~ day of ~~, JQ)'-f,upon consideration of Defendant's Petition to Enforce Marriage Settlement Agreement Pursuant to Pa.R.CP. 3105, a rule is hereby issued upon Plaintiff to show cause, if any she has, why the relief requested herein should not be granted. Rule returnable 3a days after service hereof. BY~,~ ~" '.I ~1~ l1 ~ .\ 1 ~~ ~ .., , fl!,)':fi7. t.-<r 1""'" .. f:' ~ ~ .-.t (,; ....._ I ~ (.J .. '~.1 .: !,.."'"l :}'....i SHIRLEY A. MORNINGSTAR, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-3642 CIVIL TERM DONALD E. MORNINGSTAR, Defendant ACTION IN DIVORCE DEFENDANT'S PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT PURSUANT TO 23 Pa.C.S. ~3105 1. Petitioner is Donald E. Morningstar, the Defendant in the above captioned divorce action. 2. Respondent is Shirley A. Morningstar, the Plaintiff in the above captioned divorce action. 3. Following a pre-hearing conference before Divorce Master Robert Elicker, Esquire, on August 23, 2002, the parties reached an agreement of the economic issues in conjunction with their divorce. 4. By Marriage Settlement Agreement dated September 27, 2002, a copy of which is attached hereto as Exhibit A and incorporated herein by reference, the parties in paragraph 7 agreed to divide husband's retirement benefit (in pay status) from the Pennsylvania State Employees Retirement System and wife's retirement benefit (in pay status) from the Public School Employees 2 Retirement Systems each in half. This document was filed with the Court on October 8, 2002. 5. The agreement specifically provided: "The parties shall arrange and pay for the preparation of Qualified Domestic Relations Orders with respect to both retirement plans with 50% of husband's retirement plan to be paid to wife and 50% of wife's retirement plan to be paid to husband. The parties shall share equally the expense of the preparation of and approval of the Qualified Domestic Relations Orders." 6. On October 22, 2002 the parties were divorced. Attached hereto, marked as Exhibit B and incorporated herein by reference is a copy of the Decree in Divorce which provides: "It is further Ordered and Decreed that the terms and conditions of the Marriage Settlement Agreement filed October 8, 2002 are incorporated herein by reference." 7. In order to implement the provisions of paragraph 7 of the Marriage Settlement Agreement the parties cooperated in the preparation of two Qualified Domestic Relations Orders, the Orders were approved, and submitted to the Pennsylvania State Employees Retirement System (SERS) and the Public School Employees Retirement System (PSERS) for simultaneous implementation. 3 8. Simultaneous implementation of the QDRO's was specifically discussed between counsel for both parties and a specific agreement was reached between counsel that every effort would be made to have them approved and implemented by the two retirement systems at the same time but that if that did not occur due to administrative processing the party receiving more than half of the benefit under their own plan after that party started to receive half of the benefit under the other parties plan would reimburse the other party one half of their own benefit to properly effectuate the terms of the agreement. 9. On June 13, 2003, after both QDRO's had been approved by the Court, Attorney Adams on behalf of Respondent/Plaintiff Shirley A. Morningstar submitted Domestic Relations Orders simultaneously to the State Employee Retirement System and the Public School Employees Retirement System. Attached hereto, marked as Exhibit C and incorporated herein by reference are copies of Attorney Adams letters. 10. In the aforesaid letters from Attorney Adams she specifically states: "I am forwarding a virtually identically QDRO to (PSERS or SERS) at the same time. We would like to have both of these QDRO's go through at the same time. " 4 11. Subsequent to initial submission SERS requested revisions to the QDRO with respect to Mr. Morningstar. 12. The parties cooperated in amending the Domestic Relations Order, which Order was signed by Judge Bayley on July 7, 2003 and submitted to SERS by Attorney Adams letter of July 9, 2003. 13. The QDRO submitted to Mr. Morningstar's retirement system, SERS, was approved on or about July 23, 2003 and implemented in August of 2003. However, PSERS did not approve the QDRO regarding Mrs. Morningstar's retirement until on or about December 8,2003 after Attorney Adams had submitted a copy of the requested Divorce Decree. 14. Accordingly, the QDRO on Mrs. Morningstar's pension benefit was not implemented until January of 2004. 15. This delay in implementation resulted in an overpayment to Mrs. Morningstar in the amount of $5,920.00 (one half of Mrs. Morningstar's monthly pension of $2,360.08 or $1,180.04 times five months (August, September, October, November and December)) plus interest. 16. Counsel for Petitioner/Defendant has requested in writing several times to counsel for Respondent/Plaintiff Mrs. Morningstar that these payments be reimbursed immediately. See letters attached hereto as Exhibit D. 5 17. Respondent/Plaintiff has failed and refused to reimburse Peti tioner / Defendant. 18. The Marriage Settlement Agreement and the subsequent verbal agreement between counsel are binding contracts and Respondent/Plaintiff Shirley A. Morningstar is in breach of said contracts. 19. Furthermore, Petitioner/Defendant seeks to specifically enforce the agreements of the parties to prevent unjust enrichment to the Respondent/ Plaintiff. 20. In addition, Petitioner/Defendant requests that this Court hold Respondent/Plaintiff in contempt of court pursuant to 23 Pa.C.S. 93105 and other applicable authority. 21. Furthermore, paragraph 27 of the Marriage Settlement Agreement specifically provides as follows: Attorney's fees for enforcement If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. 6 22. Petitioner/Defendant further avers that in addition to the sums owed by Respondent to Petitioner herein, Petitioner seeks an award of counsel fees and costs against Respondent for the reasons set forth above. 23. Petitioner / Defendant further seeks such other relief as the Court deems equitable and just under all the circumstances. NESTICO, DRUBY & HILDABRAND, L.L.P. Date: S 1<-1 lay By:~v6d~~ Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 840 East Chocolate Avenue Hershey, P A 17033 (717) 533-5406 Attorney for Donald Morningstar 7 EXHIBIT "A" MARRIAGE SETTLEMENT ACiREEr'v1ENT 1+ L / .-- ~ (- 4 2 C" <. lL(( TI-I1S AGREEMENT, made this _) )71' day of -;. f '!, 2002, by and between DONALD E. MORNINGSTAR (hereinafter "Husband") and SHIRLEY A. MORNINGSTAR (hereinafter "Wite"), WHEREAS_ the parties are Husband ancl Wife. married on June 29. 1958: and WHEREAS, two children were born of the marriage. Bronly E. Morningstar (d.o.b 7/14/59) and Laura L. Morningstar (d.o.b. 2/18/64); and WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives: and WHEREAS, the parties desire to settle fully and tinally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good ancl valuable consideration. recei pt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant .- ' and agree as follows: 1. SEPARATiON Each party shall have the right to live separate alld apart li'olll the other party. free hom the other party's interference. authority and control. Neither party shat I interfere with the other or attempt to interfere with the other, nor compel the other party's cohabitation. 2. HUSBAND'S AND WIFE'S DEBTS Except as otherwise set forth in this Agreement. the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party ti'om any and all claims or demands made against the other by reason of debts or obligations incurred by that party. 3. WAlVER OF RIGHTS AND MUTUAL RELEASES Except as provided in this Agreement. hoth parties ahsolutely and ullconditionally release and (orever discharge each other and their heirs, executors, administrators, assigns, property and estate ii'om any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise Ollt of /()('Il1er or future acts. contracts. engagements or liabilities of the parties or by way of clower, curtesy. widmv's rights, family exemption or similar allowance. or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights ora surviving spollse to participate in a deceased spollse's estate. whether arising under tbe la\\is of P~l1nsylvania. any stale, CllllllllUIl\\Calth or krrilury uCtlle l illill:d States. PI' utileI' coulltry. Except t()J' any calise or action (()!' di\orcc \\ hich either party 1lla~ !1m'c Of' claim to have. and except fur the obligations u!lhe partIes cuntamed in this Agreement. each party giv-:s tv the other an absol ute and unconditional release and discharge li'om all causes of action. claims. rights or demands whatsoever. in law or in equity, which either party ever had or now has against the other. 4. REAL ESTATE The parties during the marriage owned as tenants by the entireties improved real property situated at 218 Three Square Hollow Road. Nevvburg, Cumberland County. Pennsylvania (hereinafter "Marital Residence"). The parties agree to use their best and reasonable efforts to sell the marital residence as soon as possible. The parties will cooperate in the listing and pricing of said property for sale and will tallow the reasonable advice of the listing realtor in establishing a listing and sale price. The parties further agree to l11odit~' the listing price as needed to t~lcilitate a prompt sale of the property. The net proceeds of the aforesaid sale, after payment of realtor commission, closing costs and other expenses, shall be divided equally between the parties. The parties shall shan~ all necessary and related expenses related to the property ti'om the date of this Agreement up to the date of sale including taxes, insurance. upkeep, maintenance and the like. 5. DIVISION OF PERSONAL PROPERTY (a) All items of personal property presently in Husband's possession shall be the sole and separate property of Husband. (b) All items of personal property presently in Wife's possession shall be the sole and separate property of Wire. (,. MOTOR VEIIICLLS I;J) \V i k sha II rCLai 11 sole ~lI\d c\clusi \C p\lsscssion and! or o\\nershi p Di the 19<)6 Ford Taurus Sedan. \Vife shall be ind1\'ldually n.:sponsihle fpr the payment or any encl1mbrunccs. leases, loans and automobile liability insurance on said vehicle and agrees to indemnify and hold harmless Husband from her failure to carry out said obligation. (b) Husband shall retain sole and exclusive possession and/or ownership of the 1996 Ford Pickup. Husband shall be individually responsiblc r()r the payment of any encumbrances and automobile liability insurance on said vehicle and agrees to indemnify and hold harmless Wife from his failure to carry out said obligation. (c) Both parties agree to execute. within thirty (30) days ofthc date of this Agreemcnt. any and all forms. titles and doclIments necessary to transfer the aforesaid vehicle from joint ownership to individual ownership, as specified herein and to transfer the loan or lease obligations and encumbrances, if any, from joint obligations to individual obligations as specitied herein. 7. RETIREMENT/PENSION/PROFIT SHARING/PLANS The parties acknO\vkdge that husband is currcntly receiving rctirement benclits from the Pennsylvania State EmplDyees Retirement System ("SERS"), and wife is receiving retiremcnt benefits from the Public School Employees Retirement Systems ("PSERS"). The parties shall arrange and pay for the preparation of qualified domcstic relations orders with respect to both retirement plans with 50% of husband's rctirement plan to be paid to wife and 501y<, ofwifc's retirement plan to be paid to husband. The parties shall share equally the expense of the preparation and approval of the qualtied domestic relations orders. rhe parties further acknowkdge that husband is the owner of the follmving individual retirement account: Vanguard Star Fund IRA The partics further ackno\\'kdge that wife is the owner of the l()l!mving individual rdin:l11l:nt accounts: Janus IRA Alltirst IRA Lincoln Annuity The parties agree that the Vanguard Star Fund IRA shall be the sole ancl separate property of husband ancl wife does specifically waive, release. renounce and forever abandon whatever right. title, interest or claim, she may have in said fund. if any, and it shall become the sole and separate property of husband hereafter. The parties further agree that the Janus IRA. the Alltirst IRA. and the Lincoln Annuity shall become the sole and separate property of wife ancl husband does specitically waive. release, renounce and forever abandon whatever right. title, interest or claim. he may have in said accounts, ifany, and said accounts shall become the sole and separate property of wife hereinafter. 8. DIVISION OF BANK ACCOUNTS The parties acknowledge that husband and wife have divided their bank accounts to their mutual satisfaction. Husband shall retain those funds presently in the PSECU savings, checking , ! and CD accounts and wife shall retain those funds in the Orrstown Bank Sti\,i';lg~ 0l'1l'1 checkin!!. \./{ -1,r~ ~ accounts. Any other bank accounts presently in the possession of either party shall become their sole and separate property and the other party does hereby specifically waive, release, renounce and forever abandon whatever right. title, interest or claim. if any. he or she may have in the funds that are to become the sole and separate property of the other pursuant to the terms of this agreement. 9, INVESTMENTS The parties ackllO\'\!edgc that the {()Ilowing investment accounts \vere established and mainwined durtng the marriage: (a) Vanguard Long Term Tax Exempt (joint) (b) Vanguard-Windsor Fund (c) Lord Abbett Fund (d) Dreyfus Third Century (e) Dreyfus Municipal Bond (0 Aim Global (g) John Hancock Tech A (h) MBNA Money Market Each of the funds specified above in this paragraph shall be divided equally between husband and wire and both parties shall cooperate and sign those docllments necessary to divide said accounts. The parties further acknowledge that husband shall retain his Vanguard Long Term Tax Exempt Fund, which is nonmarital property, havingillhel.lted saictfund tram his mother's estate. Wife hereby specifically waives, releases, renounces and forever abandons whatever right, title interest or claim she may have. if any. in said account. 10. JOINT DEBTS Any debts or obligations incurred by either party in his/her individual name. other than those specified herein. whether incurred before or after separation. are the sole responsibility of the party in whose name the debt or obligation was incurred. I I. AI'TER-i\COlilRU) P!ZOPElUY L I-.aeh nJ'the partie, ,hall ()\\n and enjoy. independently of any claim or right of the other. all real property and all i tl.:1115 0 f personal property. tangi ble or intangi ble. hereatier acquired, with full power to dispose of the same as fully and effectively as though he or she \vere unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 12. LIFE INSURANCE Husband hereby acknowledges that he is currently the owner of life insurance policies with Prudential Life Insurance and the Department of Veterans Affairs Life. Wife hereby waives any interest she may have in said policies. \.Vi fc hereby acknowledges that she is currently the O\\'ncr of a life insurance policy with Prudcntial Life Insurance. Husband hereby waives any interest he may have in said policy. Except as stated elsewhere in this Agreement, the parties waive and relinquish any right or interest, of whatever nature, including claims to the cash valuc or any life insurance policies which either may have against the other. 13. SPOUSAL SUPPORT. ALIMONY PENDENTE LITE AND ALIMONY In exchange for and in consideration of the promises and representations made hereunder. Husband and Wife hereby waive and release any and all right. title. interest. claims or demand of whatsoever nature which he or she now has or hereafter can. shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsvlvania or an\' other !!overnin!.!. state. countrv. territorv or jurisdiction in the nature of ~ "" '-.... "' "". spousal support. separate maintenance or support. alimony. either pendente lite, temporary, n.:habilitativc. pennancnt or lump sum. and right to seck equitable m community distribution or division or assignl11~nt of property or sil11ilm marital right. ellecti\'l~ from the date t~ t.. ' I ..., L.', ., ,'. - J. A~tt~lt and forever thereafter. lit. .j'., I 14. COUNSEL FEES AND EXPENSES Each party shall be responsible for the payment of his or her own counsel fees and expenses. except as otherwise specified herein. 15. TAX MATTERS The parties have negotiated this Agreement with the understanding and intention to equally divide their marital property. The parties have determined that such equal division cont()J'J11S to a right and.iust standard with regard to the rights of each party. The division of existing marital property is not. except as may be otherwise expressly provided herein. intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the translCr by the transferor. 16. ADVICE OF COUNSEL The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 as amended, and other applicable laws. Each party confirms that hdshe understands fully the terms. conditions. and provisions of this Agreement and believes them to be bir. just. adequate and reasonable under the existing circllmstances. The parties further confirm that each is entering into this Agreement II'eely and \,(l/unwrily and that the execution of this Agreement is not the result of any duress. undue lIlt1ucncc. collusion. or Improper or Iileglll agreement. 17. EFFECT OF DIVORCE DECREE ON AGREEMENT The parties agree that this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. Upon entry of the Decree. the provisions of this Agreement may be incorporated by reference or in substance. but they shall not be deemed merged into sLlch Decree. The Agreement shall survive any sllch Decree in Divorce. shall be independent thereat: and the parties intend that all obligations contained in this Agreement shall retain their contractual nature in any enforcement proceedings. whether enf(lrcement is sought in an action on the contract itselfat law or in equity. or in any enforcement action filed to the divorce caption as provided in Section 31 05(a) of the Divorce Code. as :1mended. However. as provided in Section 31 05( c). provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall not be subject to modification by the COLlrt. 18. ... . DATE OF EXECUTION - The "date of execution". "date of this agreement" or "execution date" of this Agreement is the date upon which it is signed by the panics if they sign the Agreement on the same date. Otherwise. the "dale of execution". "date of this agreemcnt" or "execution date" shall be the date on which the last party signed this Agreement. 19. HEADINGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs arc fl.lr conveniencc and shall 110t affect thc mcaning. construction 01 effect of this Agreement. 20. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS q r:ach sl:parate ohligation shall he decmed to he a separate and independent covenant and agreemcnt. If any term. condition. clause or provi:.ioll or this Agreement shall be determined or declared to be void or invalid in law or otherwise. then only that term. condition. clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force. effect and operation. 21. AGREEMENT BINDING ON HEIRS This Agreement shall be binding on and shall ensure to the beneiit of the parties and their respective heirs, executors. administrators, successors. and assigns. }} INTEGRA TlON This Agreement constitutes the entire understanding of the parties and sLlpersedes any and all prior agreements and negotiations between them. There are no representations. warranties. covenants or promises other than those expressly sct forth in this Agn:ement. ')" --'- MODIFICATION OR WAIVER TO BE IN WRITING No moditication or waiver of any term of this Agreement shall be valid ul1less~ln writing and signed by both parties. 24. NO WAIVER OF DEFAULT The failure of either party to insist upon strict performance of any term of this Agreement shall not constitute a waiver by that party to demand strict performance in the future. .., - ~). VOLUNTAR Y EXECUTION The partics acknowledge that this Agreement is fair and equitable. and that they have reached this Agreement Creely and volunlarily. Wilhout any duress. undue intlucnce. collusion or improper or illegal agreements. 26, APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as amended. 27. ATTORNEYS' FEES FOR ENFORCEMENT If either paz1y breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement providing that the enforcing party is successful in establishing that a breach has occurred. 28. FULL DISCLOSURE The respective parties do hereby warrant. represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property. estate and assets, earnings and rncolneof tr1e olheranc.ftl1uT eachn-as muae a tUllalld' compleiedisclosure to the other o(ll1sor her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year tirst written above. WITNESS: (' \ ., ) \ \ '.:. ~) .,', I, '. -' 1/ / i ,/ \ ~,' ~ \ .. \1 , ,', I, I. i ......~ '", ,'\ Shirk) L 1 CO[\1iVIONWEALTH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND , . On this, the ;"-j day of .:,L;tC(l,(:X" 2002, before me a Notary Public in and for said County and State the undersigned officer, personally appeared Donald E. Morningstar, known to me (or satisfactorily proven) to be the person whose name is described to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN 'VITNESS 'WHEREOF, I have hereunto selmy hand and official seal. My Commission Expires)J\ ..J.Y)...I ( \ " \ ') "'J \ ". , \"(1 /,r .:]) I..... --:'1.,' \.' Jel),.C.:t (. t ,~: / t-. ~:_ (I. _ - ... ~ Notarv P lblic ,--""---_._._'-~..,- N()T;'l,t'iIAl. ~;[Ai . .' '\ PAHh.."",':;'.jI'rl.\lc:i~i ~1('~i1r'! i"ut!IIC I . -' .. .' . r. I ShlJ)pensbur;; L.'jrll:.;[jI",iild l,cl.mty I , My Comrl1ls~i()n Expire,s Feb ~:2.~~4. I " 1'_~---'-"'--~' --. 1 ~ COMMONWEA.LTH OF PENNSYLVANIA: : SS COLJNTY OF CLJMBERLAND -', ') On this, the i. / . . day of:>", ,-}'7'-' 2002. before me a Notary Public in and for said County and State the undersigned offiJer. per~onally appeared SHIRLEY A. MORNINGSTAR, known to me (or satisfactorily proven) to be the person whose name is described to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ./.-, My Commission Expires ..-'-~-...... .\ (' /i (//'./~'- ", '--"..... /' I / / '><.t. ,~i.::-'-' ~Notary Pllblic . . !O'"'~~:_,}:~~: .',,~..;.~....:~:; ;~:,~.:;~~;;'~,;::~::j // I / / I ./ EXHIBIT "B" _I IN THE COURT OF COMMON PLEAS C'FCUMBERLANDCOUNTY ';~ . '" ST,c rE OF PENNA. + + + + + Shirley A. Morningstar, Plaintiff No.OI . :~C{~Civil Term No. VERSUS Donald E. Morningstar, Defendant DECREE IN DIVORCE AND NOW, ~.~~ Shirley A. Morningstar , -~s ORDERED AND DECREED THAT , PLAI NTI FF, AND Donald E. Morningstar , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ~,J~,...JL.. It is further Ordered and Decreed that the terms and conditions of the marriage settlement agreement filed October 8, 2002 are incorpora ATTEST: PROTHONOTARY J. In The Court Of Common Pleas Of Cumberland County Prothonotary's Office Civil Action No.: 2001-03642 MORMINGSTAR DONALD E NEWBURG PA 17240 MORNINGSTAR SHIRLEY A Plaintiff ** VERSUS ** MORNINGSTAR DONALD E Defendant You are hereby notified that a Decree in Divorce was entered in the above captioned case on October 22, 2002. This letter should not be used in place of the actual Decree. If you desire a certified copy of this Decree, you can obtain the same by coming into our office. Please bring this letter with you. The fee is $9.00 cash or money order. If request is made by mail, please enclose $9.00 for the certified copy of Decree. Also, do not forget to indicate Civil Action No. on your request. Pro . EXHIBIT "c" Jane Adams ATTORNEY AT LAW 36 South Pitt St. Carlisle, Pa. 17013 Phone:(717) 245-8508 Fax:(717) 245-8538 www.adamslaw.net June 13,2003 Deb Hancock Retirement Benefits Specialist Public School Employees' Retirement System P.O. Box 125 Harrisburg, Pa. 17108-0125 Re: Morningstar v. Morningstar. No. 2001 - 3642 Dear Ms. Hancock: Enclosed please find a certified true copy of a Domestic Relations Order in the above- referenced matter. Please recall you recently approved this DRO and it has now been signed by Judge Edgar Bayley. Please process this DRO as soon as possible as it has been quite some time since the entry of the divorce decree. Also, I am forwarding a virtually identical DRO to SERS at the same time. We would like to have both of these DRO's go through at the same time. The contact person at SERS is Deb Thumma. I know that you cannot guarantee coordination of the two orders, however, we would appreciate all efforts to make sure this DRO is processed promptly and contemporaneously with the other Order. Thank you for your kind cooperation and consideration in this matter. COpy Jane Adams, Esquire cc: Karl Hildabrand, Esquire. Jane Adams ATTORNEY AT LAW 36 South Pitt St. Carlisle, Pa. 17013 Phone: (71 7) 245-8508 Fax: (71 7) 245-8538 www.adamslaw.net June 13,2003 Darlene Thumma, Legal Division State Employee Retirement System P.O. Box 1147 Harrisburg, Pa. 17108-1147 Re: Morningstar v. Morningstar. No. 2001 - 3642 Dear Ms. Thumma: Enclosed please find a certified true copy of a Domestic Relations Order in the above- referenced matter. Please recall you recently approved this DRO and it has now been signed by Judge Edgar Bayley. Please process this DRO as soon as possible as it has been quite some time since the entry of the divorce decree. Also, I am forwarding a virtually identical DRO to PSERS at the same time. We would like to have both of these DRO's go through at the same time. The contact person at PSERS is Deb Hancock. I know that you previously indicated that you could not guarantee coordination of the two orders, however, we would appreciate all efforts to make sure this DRO is processed promptly and contemporaneously with the other Order. Thank you for your kind cooperation and consideration in this matter. Very truly yours, COpy Jane Adams, Esquire cc; Karl Hildabrand, Esquire. ~ ATTORNEYS AT LAW NESTleo, DRUBY & IIILDABRAND, LLP 840 East Chocolate Avenue, Hershey, PA 17033 Phone (717) 533-5406 Fax (717) 533-5717 www.hcrsheypalaw.com December 16, 2003 Jane Adams, Esquire 117 South Hanover Street Carlisle, P A 17013 Re: Morningstar v. Morningstar Dear Jane: I have not heard from you with respect to Mrs. Morningstar's reimbursement of Mr. Morningstar for retirement payments that should have been allocated from her retirement at the time the QDRO regarding his retirement was put into place. What is your client's intention? Hopefully we will not have to file suit to obtain this reimbursement. Please advise immediately. Thank you. V cry truly yours, NESTlCO, DRUBY & HlLDABRAND, LLP ~7~~~ Karl R. Hildabrand* :mlp cc: Donald Morningstar *Board Certified in civil trial law and advocacy by the National Board of Trial Advocacy ~ NESTleo, DRURY & HIIlDABRAND, LLP ATTORNEYS AT LAW 840 East Chocolate Avenue, Hershey, PA 17033 Phone (717) 533-5406 Fax (717) 533-5717 www.hersheypalaw.com January 6,2004 Jane Adams, Esquire 36 Sou th Pitt Street Carlisle, P A 17013 Re: Morningstar v. Morningstar Dear Jane: I have not heard from you with respect to Mrs. Morningstar's reimbursement of Mr. Morningstar for retirement payments that should have been allocated from her retirement at the time the QDRO regarding his retirement was put into place. What is your client's intention? Hopefully we will not have to file suit to obtain this reimbursement. Please advise immediately. Thank you. Very truly yours, NESTICO, DRUBY & HILDABRAND, LLP -1(;.J R, IJ,Ud"-oJl/k-- Karl R. Hildabrand* / (J '-c :mlp cc: Donald Morningstar *Board Certified in civil trial law and advocacy by the National Board of Trial Advocacy ~ lVEs'rICO, DRUBY & HILDABRAND, LLP ATTORNEYSATLAW 840 East Chocolate Avenue, Hershey, PA 17033 Phone (717) 533-5406 Fax (717) 533-5717 www.hcrshcypalaw.com January 23, 2004 VIA FAX (717-245-8538) and REGULAR MAIL Jane Adams, Esquire 36 South Pitt Street Carlisle, P A 17013 Re: Morningstar v. Morningstar Dear Jane: This will confirm our telephone conversation of November 25,2003 and my subsequent letters to you regarding the fact that Mr. Morningstar's pension benefit was cut in half in August pursuant to the QDRO but the QDRO on Mrs. Morningstar's pension benefit was not implemented until January of 2004. Accordingly, in line with our agreement when the QDRO's were submitted that they would be implemented simultaneously and that any overpayment in the implementation would be reimbursed by the appropriate party, demand is made upon Mrs. Morningsta,r that she immediately reimburse Mr, Morningstar in the amount of $5,920.00 (1/2 of Mrs. Morningstar's monthly pension of $2,360.08 or $1,180.04 x 5 months (August, September, October, November and December)). I had requested that Mrs. Morningstar immediately make these reimbursement payments when you and I discussed this matter back in November. Payment from her to Mr. Morningstar should be made immediately. If payment is not forthcoming within ten (10) days it is our intention to file suit and seek appropriate interest and attorney's fees. Hopefully, this can be avoided and we can finally put this file to rest. I received a letter from PSERS on December 30, 2003 claiming that they did not have a copy of the Divorce Decree back when materials were originally submitted to ' Deb Hancock. I have your letter of June 13,2003 to PSERS submitting the approved Domestic Relations Order in which you indicate "Please process this QDRO as soon as possible as it has been quite some time since the entry of the Divorce Decree." Coordination of the implementation of the two orders was requested and I note that Jane Adams, Esquire 1/23/04 Page 2 prior to that you had submitted a copy of the Divorce Decree. Apparently PSERS dropped the ball because Hancock began a leave of absence on June 10, 2003. The letter from Mr. Milligan explains no follow up was made to obtain the Divorce Decree due to this leave of absence. Obviously, I think it is to the mutual interest of both parties to finally put this matter to rest. Please contact me immediately with respect to the reimbursement of these funds. Thank you. Very truly yours, NESTleD, DRUBY & HILDABRAND, LLP e::'7l.~/j /' -L/ . c '1e/ ( 'Ci:./ //7'Z .C<:,:".:'/~-<-.:." ( Karl R. Hildabrand* :mlp cc: Donald Morningstar *Board Certified in civil trial law and advocacy by the National Board of Trial Advocacy VERIFICATION I, Donald E. Morningstar, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: ~ ~ '2(J~~ Q--MC:~ Donald E. Morningstar ". CERTIFICATE OF SERVICE I, Karl R. Hildabrand, of the law firm of Nestico, Druby & Hildabrand, L.L.P., hereby certify that on the if. day of March, 2003, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Jane Adams, Esquire 36 South Pitt Street Carlisle, PA 17013 - / I CZi~Q g~?~~T ~rl R. Hildabrand r-,' (--"") (-~-'~ ~ .....::, ~. _ ;h- ""-,,-.. :: .--t r~ ~ ~ f1;p f3 I c.o --:J c) c--=)