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HomeMy WebLinkAbout06-2949d. McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantorO-mwn.com Attorneys for Plaintiff KRISAN M. STOLL, MATTHEW J. STOLL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. IJY, - 2- 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC By eObbra Den' •on Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: May 23, 2006 McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor(&mwn.com Attorneys for Plaintiff KRISAN M. STOLL, Plaintiff V. MATTHEW J. STOLL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OG - . 4ta9 Cu a -u.. IN DIVORCE COMPLAINT And now comes Plaintiff, Krisan M. Stoll, by and through her counsel, McNees Wallace & Nurick LLC and files the following Complaint in this matter. COUNT 1 Divorce Under 3301(c) and 3301(d) of the Divorce Code 1. Plaintiff is Krisan M. Stoll, who currently resides at 1 Kensington Square, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Matthew J. Stoll, who will not disclose a residence. He is employed at Glenmoore Trucking, 1711 Shearer Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 17, 1990, in Wahoo, Nebraska. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. 8. After 90 days have elapsed from the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 9. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two years from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce under Section 3301(c) and (d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property both real and personal, which are subject to equitable distribution under Sections 2501 and 3502 of the Divorce Code. 2 11. Plaintiff and Defendant have not agreed to an equitable distribution of this property. 12. Plaintiff requests the Court to equitably distribute all the property. WHEREFORE, Plaintiff requests the Court to enter an Order equitably dividing all of the marital property, both real and personal, owned by the parties. COUNT III ALIMONY ALIMONY PENDENTE LITE ATTORNEY'S FEES AND COSTS 13. Plaintiff lacks sufficient property to provide for her reasonable needs. 14. Plaintiff is unable to sufficiently support herself. 15. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. 16. By reason of this action, Plaintiff will be put to considerable expense in the preparation of this case in the employment of counsel and the payment of costs. 17. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 18. Plaintiff has no income and is therefore unable to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 19. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. 3 WHEREFORE, Plaintiff respectfully requests this Honorable Court to award her alimony, alimony pendente lite, counsel fees, costs and expenses. McNEES WALLACE & NURICK LLC By ? Z-bebrg(DeAison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: May 23, 2006 4 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. J 4 Kri n M. Stoll Dated: Mayo, 2006 s? C h o T C u` -, t J McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile dcantor(cD-mwn.com Attorneys for Plaintiff KRISAN M. STOLL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2949 Civil Term MATTHEW J. STOLL, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please file the Return of Service (attached hereto as Exhibit "A") in the above- captioned action. McNEES WALLACE & NURICK LLC By Dfb on-Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Krisan M. Stoll Dated: May 25, 2006 ti RETURN OF SERVICE On the o? 7 day of ,2006, I / V served Aa4i C?"m with the foregoing papers by: (Describe the method of service.)- /r S c,A ce l?sy7 ? Pmt of 66?-/r C. I verify that the statements in this return of service are true and correct. I understand that false statements herein are subject to penalties relating to unworn falsification to authorities. Date-/y Zay N' V ( print - name) 9 C7 ^? rn O ca -? rn a: - ? ? t . rr . °: _ rn KRISAN M. STOLL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM MATTHEW J. STOLL, Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Matthew J. Stoll, in the above captioned case. Respectfully submitted. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, E; Supreme Court ID I 26 West High Stree Carlisle, PA 17013 717-243-6222 Dated: l C!?Ipk SAMIS FWWM LINDSAY 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On this R tPIL day of June, 2006, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individuals, via first class mail, postage prepaid, addressed as follows: Debra D. Cantor, Esquire McNees, Wallace & Nurick 100 Pine Street Harrisburg, PA 17101 SAIDIS, FLOWER & LINDSAY Supreme Court 1 1 26 West High Str Carlisle, PA 17013 717-243-6222 SAIDIS, FWVVM & LINDSAY 26 West High Street Culisle, PA r? v' .--? 4- T_ -r+. ?? .. ....J i'iT 1 }° 1? - ? ?%(:? __. , L.? ?:.? b G7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISAN M. STOLL, Plaintiff ) V. ) MATTHEW J. STOLL, ) Defendant ) NO. 06-2949 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE STIPULATION ON INTERIM DIVORCE ISSUES THIS STIPULATION is made this/&?" tiay of jAh L(,QY , 2007, by and between KRISAN M. STOLL ("hereinafter referred to as "Wife"), of Pennsylvania, and MATTHEW J. STOLL (hereinafter referred to as "Husband"), of Pennsylvania; WITNESSETH: WHEREAS, the parties are presently husband and wife who married on August 17, 1990; WHEREAS, on May 23, 2006, Wife initiated the above-captioned divorce action by filing a complaint requesting, inter alia, a no-fault divorce, equitable distribution of marital property and alimony; WHEREAS, subsequent to the parties' physical separation, Wife filed a complaint for spousal support, at action number 00444-S-2006, PACSES Case Number 752108315, and following an initial conference with the Domestic Relations Office an Order of Support was entered dated September 26, 2006; WHEREAS, a timely request for hearing de novo was made, and a de novo hearing is presently scheduled before the support master, Mike Rundle, Esquire, for January 9, 2007 In Wife's pending claim for spousal support; WHEREAS, pursuant to Section 3502(f) of the Divorce Code, the divorce court is empowered, at any stage of a divorce proceeding, to provide an interim advance distribution of marital property; WHEREAS, the parties acknowledge Husband received a retention bonus on May 20, 2006 from his prior employer, Glen Moore Transport, Inc., which bonus is marital property; WHEREAS, both parties are desirous of seeking the appointment of a divorce master to adjudicate the pending divorce claims in an expeditious manner; if they cannot negotiate their case to resolution; WHEREAS, while the parties disagree as to each other's present income or earning capacity, the parties hereto are nonetheless desirous of resolving the pending interim spousal support issue without further court intervention to accommodate an expeditious resolution of the pending divorce claims; and WHEREAS, the parties hereto desire to effectuate an advance on equitable distribution to Wife from Husband's retention bonus from Glen Moore Transport, Inc., and acknowledge that said advance is made pending final resolution by Order of Court or agreement of the partie? as to the outstanding economic issues related to the underlying divorce action. NOW, THEREFORE, in consideration of the foregoing premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the party's hereto, Husband and Wife, each intending to be legally bound hereby, stipulate and agree as follows: I III 2 1. Husband shall pay to Wife through the Cumberland County Domestic Relations Office, as and for interim spousal support, the monthly sum of $4,100.00, payable in bi-weekly installments of $1,892.31 corresponding with Husband's pay from his present employer, which support obligation shall be effective October 2, 2006. 2. In addition to the monthly payments called for above, Husband shal also pay to Wife, as and for spousal support, 40% of any and all net after tax bonuses he receives from his employer, which payments shall be made directly to Wife within five (5) days of receipt of said bonus. Husband shall provide verification to Wife of both the gross and net after tax amount of bonus received contemporaneously with his delivery of the support payment. 3. The parties shall submit a consent order to the Cumberland County Domestic Relations Office, without acknowledging the net monthly income of either party to implement the above spousal support terms. Husband shall continue to provide medical insurance for Wife as per the September 26, 2006 recommended order. Wife shall be responsible for the first $250.00 annually on her unreimbursed medical expenses, with all additional expenses allocated 90% to Husband and 10% to Wife. The parties expressly agree that, wi?h respect to any petition for modification of Husband's interim spousal support obligation filed by either party subsequent to the date of this Stipulation, only changes in circumstances of either party occurring after October 2, 2006 shall be germane to the modification proceeding and shall support a modification of the order. 3 4. The parties acknowledge that Husband's spousal support obligation!, for the period commencing July 5, 2006 and continuing through October 2, 2006 was $4,8 4.00 per month as per the September 26, 2006 order and arrears shall be calculated in accordance therewith. After adjustment for the modification to $4,100.00 per month effective October 2, 2006, Husband shall pay any and all existing spousal support arrears in a lump sum directly to Wife within ten (10) days of the execution date of this Stipulation, and Wife shall provide wvritten notice to the Cumberland County Domestic Relations Office that the existing arrears have been satisfied upon receipt of the appropriate lump sum. 5. Husband and Wife agree the compromise and resolution of the pending spousal support issues is entirely without prejudice to either party's right to assert any and I claims at a divorce master's proceeding as to, inter alia, the other party's historical earnings or earning capacity as such issues may relate and have relevance to the pending economic issues in the divorce action. 6. No later than five (5) days after the execution date of this Stipulation, Wife shall receive from Husband the lump sum of $68,040.00, which amount represents one-hal? of the net after tax retention bonus Husband received from his prior employer on May 26, 20016 as reflected on the pay stub attached hereto as Exhibit "A" and incorporated herein by reference thereto. 7. Husband and Wife acknowledge and agree the payment called for under this Stipulation is made without prejudice to any rights or claims the parties may hereafter be entitled to raise in equitable distribution, including, but not limited to, Wife's entitlement t a greater or lesser share of Husband's retention bonus in equitable distribution, any claim to 4 interest or earnings on said retention bonus from May 26, 2006 to the date Wife receives filer payment, and any interest or earnings on the remaining portion of Husband's retention bo us following disbursement of Wife's payment. Furthermore, it is understood the payment is of in the nature of alimony or interim support; therefore, neither party shall be entitled to deduc the payment on his or her individual tax return, if such individual tax return is filed, nor shall e other party be required to claim the advance as income on his or her individual tax return, if such a tax return is filed for the tax year in which the payment is provided. 8. No later than ten (10) days following the date of execution of this Stipulation, each party shall sign and file an Affidavit of Consent to a mutual consent no-fault divorce premised upon Section 3301(c) of the Pennsylvania Divorce Code. Husband shall'ifile an appropriate motion with the Court appointing a divorce master to adjudicate the divorce claims, and the parties agree that pretrial statements shall be filed with the master within ninety (90) days of the date of execution of this Stipulation. ' 9. Both parties agree to cooperate in the completion of discovery to a1l?w for prompt adjudication of the divorce claims, which discovery shall be completed within nine?y (90) days of the execution date of this Stipulation. 10. The parties agree to sign and file joint federal and state income tax returns for tax year 2006, and Husband shall present to Wife's counsel for his review and inspection a completed 2006 tax return no later than February 15, 2007 to allow the returns to be filed oil or before April 15, 2007. Husband shall be solely responsible for all costs and expenses incurred in preparing the joint federal and state tax returns. If the United States Internal Revenue Servi?e or the Pennsylvania Department of Revenue determines that any tax is owed as a result of the Joi filing, such the liability shall be solely attributable to, and be the sole responsibility of Husband who shall indemnify and hold Wife, her successors, assigns, heirs, executors and administrators harmless from any such liability, including, but not limited to, any penalties and interest assessed as a result of the tax liability, and any and all attorneys' fees and costs incurred by Wife or her successors, assigns, heirs, executors and administrators in defending against an action to collect any tax liability, penalties or interest as a result of the joint tax filing. If there is a refund o either 2006 tax return, the refund shall be Husband's separate property. 11. Both parties agree the terms and conditions of this Stipulation shall be entered as an Order of Court in the parties' divorce. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS KR 14 AN M. STO L WITNE MATTHEW J. 6 s COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared KRIS M. STOLL, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this - Rq ij day of I L2 h -A , 2007. otary Pu i in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: COMRLONI?fM" 0FPENNSYWRN1A NOTARIAL. SEAL GtNNGER L. GONTZ, NOTARY PUBLIC CITY OF HAMBURG, DAUPHIN COUNTY MY COM OSSION IXPIRES MAY 17, 2008 7 0. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ) BEFORE ME, the undersigned authority, on this day personally appeared MATTHEW J. STOLL, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. 2007. A'Lf-)qaV1 ZDU-4s i Not Public in and o Commonwealth of P ylvania Typed or printed name of Notary: My commission expires: 4- GIVEN UNDER MY HAND AND SEAL OF OFFICE this ID day of 8 77, r_" 4 ?v Jl r KRISAN M. STOLL, Plaintiff V. MATTHEW J. STOLL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Petitioner, Matthew J. Stoll, moves the court to appoint a master with respect to the following claims: (X) Distribution of Property (Equitable Distribution) ( ) Support (X) Counsel Fees (X) Costs and Expenses (1) Discovery is not complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant, appeared in the action and is represented by counsel.. (3) The statutory grounds for divorce are §3301 (c) and/or (d) (4) Delete the inapplicable paragraph(s). and in support of the motion states: ( ) Divorce ( ) Annulment ( X) Alimony ( ) Alimony Pendente Lite (a) The action is contested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not complex issues of law or fact. (6) The hearing is expected to take: one day (7) Additional information, if any, relevant to the motion: Defendant needs the following information from Plaintiff to proceed: 1. Plaintiff's Answers to Defendant's Interrogatories and Request for Production of Documents. SAIDIS, FLOWER & LINDSAY ATTOM-n-AT?nw 26 West High Street Carlisle, PA Date: January 24, 2007 SAIDIS, FLOWER & LI CarolJ. Lindsay, Fsqu 26 West High Str'i6el,--? Carlisle, PA 17013 717-243-6222 i CERTIFICATE OF SERVICE On the 24th day of January, 2007, 1, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Donald T. Kissinger, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 SAIDIS, FLOWER & LINDSAY ?=1 ? J Carol J. Lindsay, 4uire Supreme Court ID o. 44693 26 West High eet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ATMRNM, -AT•IAW 26 West High Street Carlisle, PA A FLOWER ? LINDSAY 26 West High Street Carlisle, PA JAN S 5 2007? KRISAN M. STOLL, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM MATTHEW J. STOLL, Defendant IN DIVORCE ORDER APPOINTING MASTER AND NOW, this lQ day of A-AA 2007, Esquire, is appointed master with respect to the following claims: Divorce and equitable distribution. By th 7, W?c J. i? rn L I ?? } f ? C4 L 1 •. . KRISAN M. STOLL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2949 Civil Term MATTHEW J. STOLL, IN DIVORCE Defendant PRAECIPE FOR WITHDRAWAL/ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Debra D. Cantor, Esquire of McNees Wallace & Nurick LLC on behalf of Plaintiff, Krisan M. Stoll. McNEES WALLACE & NURICK LLC By_ or 1. D. go. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Please enter the appearance of Donald T. Kissinger, Esquire of Howett Kissinger & Conley PC on behalf of Plaintiff, Krisan M. Stoll. HOWETT KISSINGER & CONLEY PC B Donald T. Kissinger I.D. No. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 (717) 234-2616 Dated: ?? , 2006 Attorneys for Plaintiff, Krisan M. Stoll r-a ..c? ? YY ' ? ?. ? ,. ' c? ,, ?_.,... ?: _y 4 Y. ";;, M? ?•'y +J rY ? ? ? . ?., , A... f ?- KRISAN M. STOLL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM MATTHEW J. STOLL, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed May 23, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Dater --O- a _ Ma ew J. St f DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER§ 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. SAMIS, LIlVDSAY ATIOffiVEPS AT UW 26 West High Street Carlisle, PA 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that 1 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities.,-, -7 Date: / - J - 1-250 J. Stol Fro A 1 200 o ? ^ T i,: r7l y N a .l J _ . -jV- l C.;: rn y JAN 2 4 2007,W ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISAN M. STOLL, Plaintiff V. MATTHEW J. STOLL, Defendant NO. 06-2949 CIVIL TERM CIVIL ACTION- LAW IN DIVORCE ORDER OF COURT RRE: STIPULATION ON INTERIM DIVORCE ISSUES AND NOW, this (ro t" day of _ e-, 2007, it is hereby ORDERED and DECREED that the terms and conditions of the attached Stipulation on. Interim Divorce Issues is hereby incorporated herein and made an Order of Court. BY THE COURT: KRISAN M. STOLL, Plaintiff V. MATTHEW J. STOLL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM IN DIVORCE PETITION TO COMPEL DISCOVERY AND NOW comes Matthew J. Stoll, by and through his counsel, Saidis, Flower and Lindsay and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on August 17, 1990. 2. On May 21, 2006, Respondent filed a Complaint in Divorce seeking, inter alia., equitable distribution of marital property. 3. On March 14, 2007, Petitioner served upon Respondent a set of Interrogatories - Set II. Attached hereto as Exhibit "A" is a copy of the Interrogatories. 4. Extensions for providing the answers to said Interrogatories have been granted, but they remain unanswered. 5. The parties are committed to file Pre-Trial Statements with the Divorce Master F?ZAWERR & LINDSAY 26 West High Street Carlisle, PA within sixty (60) days. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to show cause why she should not provide answers to the Interrogatories - Set II, including copies of the documents requested therein. SAIDIS, FXME-R "IM)ZAY (Awtl::5??A Carol J. Lindsey, "quire Supreme CqurtID o. 44693 26 West High reet Carlisle, PA 17013 717-243-6222 Dated: October 2, 2007 Y --KRFSAN-M.-STOLL-- -- --- ------ :--------IN-THE-DOUR-T-OF COMMON-PLEAS----- Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MATTHEW J. STOLL, Defendant CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM IN DIVORCE INTERROGATORIES - SET 11 To: Krisan M. Stoll c/o Donald T. Kissinger, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 1. INSTRUCTIONS You are directed to submit written answers under oath to each of the following SAIDIS, FLOWER & LINDSAY ?toeN- t --IAW 26 West High Street Carlisle, PA questions, pursuant to Pa. R.C.P. 4005 and 4009. You must make reasonable efforts to obtain answers to any question as to which information may be available to you. If you gain information at some later time which causes you to know that your answers were incorrect when made or have become incorrect, you must supplement the answers you give in response to these questions, as provided in Pa. R.C.P. 4006. If you gain information at some later time respecting the identity of persons about whom a question is asked, you must supplement the answers you give in response to these questions, as provided in Pa. R.C.P. 4006. Within thirty (30) days, you must return the signed original of these interrogatories to Defendant's counsel. In answering these questions, assume that all words used have their ordinary meanings in normal English usage, except as provided below or where context requires other interpretation. If. DEFINITIONS "Identify," when used in respect of a person, means to state that person's name, address, telephone number, job classification and such other information as would enable Defendant to locate the person, interview him or her, or serve a subpoena upon him or her. When used in respect of a document, the date of its making or execution, the identity of the person or persons who made or executed it, and the particular part, paragraph, or other subdivision thereof which is particularly relevant to the question; also state the place where it is kept and identify the person in whose custody it may be found, with such specificity as will enable Defendant to obtain the document through the use of a subpoena. When used in respect of a communication, it means to identify the parties to the communication, the means of communication, and the date and time thereof. "Person" means any natural or juridical person, group of persons, or association. "Communication" means any transmission or exchange of information or meaning between two or more persons in any form. "Document" means any writing, recording or other material substance having on it a representation of some information, whether in the form of magnetic impulses, printing, or any other medium in which information may be preserved. III. SPECIAL INSTRUCTIONS 1. If you do not answer an interrogatory, in whole or in part, because of a claim SAIDIS, FLOWER & LINDSAY ATIDNNEYS AT•IAW 26 West High Street Carlisle, PA or privilege, set forth the privilege claimed, identify the facts upon which you rely to support the claim of privilege; and identify all documents for which such privilege is claimed. In particular, if you refuse to identify a communication because of a claim of the attorney/client privilege, identify the speaker or author of the communication, the capacity in which the speaker or author was acting when he made the communication; the recipient of the communication, any persons present when the communication was made, and the subject or topics discussed in the communication. 2. Unless otherwise specified, each interrogatory requires a continuing answer. Each separate part of each interrogatory shall be separately answered. 3. Along with the answer to each numbered interrogatory, identify each person who participated in or supplied information with respect to the preparation of the response to such interrogatory, specifying whether each of such persons supplied relevant information, participated in the preparation of the response, or both. If the response to any interrogatory contains information supplied by more than one person, specify the particular information supplied by each such person. State whether he/she had first-hand information as to the matters contained in your answers, and if so, the manner in which he/she acquired such information, or if not, the basis for his/her participation or involvement. 4. As specified by the Pennsylvania Rules of Civil Procedure, you are required reasonably to supplement or amend your responses to these interrogatories based upon any and all information obtained after filing such responses. IV. SPECIAL INSTRUCTIONS AS TO ORAL COMMUNICATIONS AND WRITTEN COMMUNICATIONS 1. With respect to any interrogatory in which reference is made to this special instruction, set forth with regard to each oral communication the following: A. The name, company or other affiliation, title or other identifying feature of the individual who made the oral communication. B. State the name(s) of each individual to whom such oral communication was SAMIS, FLOWER &z LINDSAY wnnnrn:rsnr•uw 26 West High Street Carlisle, PA made, including such description of those individuals as to enable Defendant to identify those individuals as to their affiliation, title or responsibility. C. State the date upon which such oral communication was made. D. State the place where such oral communication was made. E. State the name and identification of each individual who heard the oral communication if different or in addition to those individuals to whom such oral communication was made. F. State in detail the nature of the words communicated during such oral communication repeating the actual words used to the extent possible and, when not possible, paraphrasing those words. G. State if any individual to whom such oral communication was made, made any statements in response to said communication, and if so, identify such responses in sufficient detail by quoting the precise words used or by otherwise phrasing those words. H. State if said oral communication (s) was/were ever memorialized in any document or set forth a copy of same. 1. If response to any interrogatory refers to a written communication, set forth the following: (a) a copy of such written communication; or (b) a detailed identification of such written document, including at least the following: (i) the date of the document; (ii) the name of the party who wrote the document; (iii) the name of the party to who such documents were sent and the date SAIDIS, FLOWER & LINDSAY AFFORNEYS•AT- AW 26 West High Street Carlisle, PA upon which such documents were sent; (iv) the date upon which such document was received by the recipient; if known; (v) a full description of the contents of the document; (vi) if any response to said document was received and, if so, identify said response in sufficient detail so as to include the same information indicated in the preceding subparts of this instruction. 1. Please list every credit card in your name, individually or jointly, which was opened between February 2005 and May 2006. Please include the account numbers for each account and attach hereto copies of all statements in your possession for each account. If there are any accounts for which you do not have statements, kindly provide the following: a. the name on the account; b. the account number; C. the names of persons who charged on the account; and d. the address of the creditor. ANSWER: SAMIS, FLOWER &z LINDSAY 4TMRN rs•AT tAw 26 West High Street Carlisle, PA - 2:---Did -you-maintain-any-accounts -in-a-banker savings-and-loan or-credit-union-in--. your own name from January 1, 2006 through September 30, 2006? For each such account, please provide the name of the institution, the account number for each account and attach to this Interrogatory copies of the account statements from January 1, 2006 through September 30, 2006. ANSWER: SA MILS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 3. Please provide the most recent statement you have for the Pershing Holdings ?n-hv-Maclanri-R-Rarrink--.._--- -- -----__-------------------------------------_-__- ------- ANSWER: SAMIS, FLOWER & LINDSAY ATTORNEYS•AT•IAW 26 West High Street Carlisle, PA - -- -- 4--Are-you-the-beneficiary-of any-trust?--If-soy please-provide-the-name of-the - trust and attach the trust document to this response. ANSWER: SAIDIS, FLOWER & LINDSAY CbfoYJ: Lindsdy, uire 1 No. 44693 Supreme C ?..eet 26 West Hi Carlisle, PA 17013 717-243-6222 SAIDIS, FLONWR & LINDSAY nrnoan?rs•,yuw 26 West High Street Calisle, PA Dated: March 14, 2007 VERIFICATION I, Carol J. Lindsay, attorney for Matthew J. Stoll, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so, and that the person's having knowledge of matters alleged in this pleadings are outside the jurisdiction of the Court and her Verification cannot be obtained within the time allowed for filing the pleading. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Carol J. Lindsay, Es ire, attorne for Matthew J. Stoll SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the V day of October, 2007, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Donald T. IGssinger, Esquire Howett, IGssinger & Conley, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, sq Supreme Court I 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA I KRISAN M. STOLL, Plaintiff V. MATTHEW J. STOLL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM IN DIVORCE AMENDED PETITION TO COMPEL DISCOVERY AND NOW comes Matthew J. Stoll, by and through his counsel, Saidis, Flower and Lindsay and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on August 17, 1990. 2. On May 21, 2006, Respondent filed a Complaint in Divorce seeking, inter alia., equitable distribution of marital property. 3. On March 14, 2007, Petitioner served upon Respondent a set of Interrogatories - Set II. Attached hereto as Exhibit "A" is a copy of the Interrogatories. 4. Extensions for providing the answers to said Interrogatories have been granted, but they remain unanswered. 5. The parties are committed to file Pre-Trial Statements with the Divorce Master within sixty (60) days. 6. No judge has been assigned to this case. Since counsel for the Petitioner has failed to provide the discovery, it is presumed that he objects to this Petition. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon SAIDIS, FLOWER & LINDSAY ATrOMYS-AT-UN 26 West High Street Carlisle, PA Respondent to show cause why she should not provide answers to the Interrogatories - Set II, including copies of the documents requested therein. SAIDIS, FLOWE $DSAY Carol J. U'posurt y, Esquire Supreme ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: October 17, 2007 J VERIFICATION I, Carol J. Lindsay, attorney for Matthew J. Stoll, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so, and that the person's having knowledge of matters alleged in this pleadings are outside the jurisdiction of the Court and her Verification cannot be obtained within the time allowed for filing the pleading. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Carol J. Lindsay, E ire, Matthew J. Stol,! SAIDIS, FLOWER & LINDSAY ATWI NM-AT uw 26 West High Street Carlisle, PA KRISAN M. STOLL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM MATTHEW J. STOLL, Defendant IN DIVORCE INTERROGATORIES - SET II To: Krisan M. Stoll c/o Donald T. Kissinger, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 1. INSTRUCTIONS You are directed to submit written answers under oath to each of the following FLOWER ? LINDSAY ArrowuM-A AW 26 West High Street Carlisle, PA questions, pursuant to Pa. R.C.P. 4005 and 4009. You must make reasonable efforts to obtain answers to any question as to which information may be available to you. If you gain information at some later time which causes you to know that your answers were incorrect when made or have become incorrect, you must supplement the answers you give in response to these questions, as provided in Pa. R.C.P. 4006. If you gain information at some later time respecting the identity of persons about whom a question is asked, you must supplement the answers you give in response to these questions, as provided in Pa. R.C.P. 4006. Within thirty (30) days, you must return the signed original of these interrogatories to Defendant's counsel. In answering these questions, assume that all words used have their ordinary meanings in normal English usage, except as provided below or where context requires other interpretation. II. DEFINITIONS "Identify," when used in respect of a person, means to state that person's name, address, telephone number, job classification and such other information as would enable Defendant to locate the person, interview him or her, or serve a subpoena upon him or her. When used in respect of a document, the date of its making or execution, the identity of the person or persons who made or executed it, and the particular part, paragraph, or other subdivision thereof which is particularly relevant to the question; also state the place where it is kept and identify the person in whose custody it may be found, with such specificity as will enable Defendant to obtain the document through the use of a subpoena. When used in respect of a communication, it means to identify the parties to the communication, the means of communication, and the date and time thereof. "Person" means any natural or juridical person, group of persons, or association. "Communication" means any transmission or exchange of information or meaning between two or more persons in any form. "Document" means any writing, recording or other material substance having on it a representation of some information, whether in the form of magnetic impulses, printing, or any other medium in which information may be preserved. Ill. SPECIAL INSTRUCTIONS 1. If you do not answer an interrogatory, in whole or in part, because of a claim SAIDIS, FLOWER & LINDSAY nnuw?snr•uw 26 West High Street Carlisle, PA or privilege, set forth the privilege claimed, identify the facts upon which you rely to support the claim of privilege; and identify all documents for which such privilege is claimed. In particular, if you refuse to identify a communication because of a claim of the attorney/client privilege, identify the speaker or author of the communication, the capacity in which the speaker or author was acting when he made the communication; the recipient of the communication, any persons present when the communication was made, and the subject or topics discussed in the communication. 2. Unless otherwise specified, each interrogatory requires a continuing answer. Each separate part of each interrogatory shall be separately answered. 3. Along with the answer to each numbered interrogatory, identify each person who participated in or supplied information with respect to the preparation of the response to such interrogatory, specifying whether each of such persons supplied relevant information, participated in the preparation of the response, or both. If the response to any interrogatory contains information supplied by more than one person, specify the particular information supplied by each such person. State whether he/she had first-hand information as to the matters contained in your answers, and if so, the manner in which he/she acquired such information, or if not, the basis for his/her participation or involvement. 4. As specified by the Pennsylvania Rules of Civil Procedure, you are required reasonably to supplement or amend your responses to these interrogatories based upon any and all information obtained after filing such responses. IV. SPECIAL INSTRUCTIONS AS TO ORAL COMMUNICATIONS AND WRITTEN COMMUNICATIONS 1. With respect to any interrogatory in which reference is made to this special instruction, set forth with regard to each oral communication the following: A. The name, company or other affiliation, title or other identifying feature of the individual who made the oral communication. B. State the name(s) of each individual to whom such oral communication was FLOWER ? LINDSAY AYMRNEYS.AT•IAW 26 West High Street Carlisle, PA made, including such description of those individuals as to enable Defendant to identify those individuals as to their affiliation, title or responsibility. C. State the date upon which such oral communication was made. D. State the place where such oral communication was made. E. State the name and identification of each individual who heard the oral communication if different or in addition to those individuals to whom such oral communication was made. F. State in detail the nature of the words communicated during such oral communication repeating the actual words used to the extent possible and, when not possible, paraphrasing those words. G. State if any individual to whom such oral communication was made, made any statements in response to said communication, and if so, identify such responses in sufficient detail by quoting the precise words used or by otherwise phrasing those words. H. State if said oral communication(s) was/were ever memorialized in any document or set forth a copy of same. 1. If response to any interrogatory refers to a written communication, set forth the following: (a) a copy of such written communication; or (b) a detailed identification of such written document, including at least the following: (i) the date of the document; (ii) the name of the party who wrote the document; SAIDIS, FLOWER & LINDSAY AMRNM-ATIAW 26 West High Street Carlisle, PA (iii) the name of the party to who such documents were sent and the date upon which such documents were sent; (iv) the date upon which such document was received by the recipient; if known; (v) a full description of the contents of the document; (vi) if any response to said document was received and, if so, identify said response in sufficient detail so as to include the same information indicated in the preceding subparts of this instruction. INTERROGATORIES 1. Please list every credit card in your name, individually or jointly, which was opened between February 2005 and May 2006. Please include the account numbers for each account and attach hereto copies of all statements in your possession for each account. If there are any accounts for which you do not have statements, kindly provide the following: a. the name on the account; b. the account number; C. the names of persons who charged on the account; and d. the address of the creditor. ANSWER: SAIDIS, FLOWER & LINDSAY AT ORNM-AT.LAW 26 West High Street Carlisle, PA 2. Did you maintain any accounts in a bank, savings and loan or credit union in your own name from January 1, 2006 through September 30, 2006? For each such account, please provide the name of the institution, the account number for each account and attach to this Interrogatory copies of the account statements from January 1, 2006 through September 30, 2006. ANSWER: SAIDIS, FLOWER &z LINDSAY ATfOR M-ATIAW 26 West High Street Carlisle, PA 3. Please provide the most recent statement you have for the Pershing Holdings overseen by Masland & Barrick. ANSWER: SAMIS, FLOWER & LINDSAY ATDDPMM-AT•IAW 26 West High Street Carlisle, PA 4. Are you the beneficiary of any trust? If so, please provide the name of the trust and attach the trust document to this response. ANSWER: SAIDIS, FL INDSAY C6?. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: March 14, 2007 SAIDIS, FLOWER & LINDSAY AMRNM-ATUw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the 14'' day of March, 2007, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Donald T. Kissinger, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 SAIDIS, FLOWE INDSAY Carol in , Esquire urt ID No. 44693 Suprditp 26 West igh Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ArrowvM•AT IAw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the 17th day of October, 2007, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Donald T. Kissinger, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 SAIDIS, FLOWER & LINDSAY Carol J. Lindsa -,' Wire Supreme Co No. 44693 26 West High -Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ATCOIMM-AMAW 26 West High Street Carlisle, PA ? r?.a 6-a 4. ?. ?V3 - ^....? ?'"? ??? """Y li ?? ?m_ "Tl .J p" ?J .fit l? ?J OCT 17 200 KRISAN M. STOLL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM MATTHEW J. STOLL, Defendant IN DIVORCE ORDER OF COURT AND NOW, this Iq " day of CL *a 4Ar , 2007, upon consideration of the within Petition, a Rule is issued upon the Respondent to show cause why she should not answer the Interrogatories propounded. Rule returnable 20 days from the date of service hereof. BY THE COURT, FLOWER & LINDSAY 26 West High Street Carlisle, PA (A V;N :fit AOSNI{"J-:', d L X1.0 Wd 61 DO LOOZ A8VIQN0--r-,'.l0lUd 3i-t7. JO 30"U?0--0311J KRISAN M. STOLL, Plaintiff V. MATTHEW J. STOLL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes Matthew J. Stoll, Defendant above, by and through his counsel, Saidis, Flower & Lindsay, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on August 17, 1990 and having separated in May 2006. 2. At the time of the parties' separation, Respondent was residing in the marital home and responsible for mortgage payments, taxes, insurance, and condominium fees. 3. In June 2007, Respondent advised that she was leaving the marital home and moving to her parents' home in Nebraska. 4. At the time of Respondent's removal from the marital home, the parties SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA negotiated an Agreement according to which Petitioner would reside in the marital home and Respondent would transfer title to the home on the condition that she be released from any liability on the mortgage. A copy of the letter of counsel of July 18, 2007 agreeing to transfer the Deed in exchange for a refinance is attached hereto as Exhibit "A". Subsequent to the letter of July 18, 2007, Respondent moved into the marital home and assumed the mortgage payment. 5. On July 18, 2007, Petitioner forwarded the Deed to Respondent for her signature. Through her counsel, Respondent averred that although she did not have time to sign the Deed before she left Pennsylvania, that she would sign it and return it to counsel promptly. 6. Since that time, despite repeated requests, Respondent has refused to sign the Deed and execute a Stipulation which would permit the refinance of the marital home. 1 7. Respondent's refusal to execute the Deed prejudices Petitioner because he is paying a PMI payment of approximately $145.00 per month, which PMI payment will be eliminated with a refinance. Further, as the interest rates reduce, the opportunity to refinance at a lower rate is lost. 8. No Judge has been assigned in this case. 9. Counsel for Respondent does not agree with the relief requested. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule to Show Cause upon Respondent why she should not be required to comply with the Agreement made on July 18, 2007 to transfer the title to the marital home to Petitioner by executing the special warranty Deed and tendering the Deed at refinance. SAIDIS, FLOWER & LINDSAY Carol-J. Lindsay, E quirle Supreme Cou I o. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: February 19, 2008 SAIDIS, FLOWER & LINDSAY MICIMMU-M 26 West High Street Carlisle, PA JUL-1.8-2207 11=38 1.Aw 0I-V10'% of HOWETT, KISSINNGER &. 1101-S'><', P.C. 130 WALNtTI' SI'RIT.T POST OFFICE BOX '!I", HARRISRURG, PPNNSVi VANE..: lllk JOHN C. HOWETT,JR, DONALD T. KISSINGER DARRFN.1. 1401-ST REBECCA M. DARR DEBRA M. SHIMP Lcrul Assistant VIA FAX &_ MAIL (71,7) 24_;3-6486 Carol J. Lindsay, Esquire SATINS SHU F FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013--2956 Dear Carol: July 18, 2007 ,t%rl Re: &t/!, -I., P. 0" 1 W-) (717) 234-7616 FAX (717) 234-:5402 In response to your letter of July 17', my client is st l$ rntcrestcd in reaching agreernents with regard to the transfer of the marital home and the Acura vehicle. I must advise you, however, that I mistakenly nlischaractenzed Ms. Stoll's po- ltion on the valuation of the home during our July 16`h conversation. In fact, she advised Inc that her position was that she should receive $15,000.00 in exchange for the transfer of an intUrest III tine home. In our conversation, I acknowledge that I stated that I had authority to accept a 515,000.00 equity calculation for equitable distribution purposes. I was in error. Nollethelcss, I huve irad subsequent conversation with Iny client and site now agrees to accept $1.5,000.00 as an equity calculation based upon tt1, current rrlortgagc principle balance reflected in the enclosed statement. I understand that yow c..flcid lljon is somewhat different but I helieve that 1{TisaI]'s po'S111011 consider:N valions addition`•il C..quitable: Caclols jelated to ownershil; and inaititcr.ance tyf the home and is appmpriate unties Iii,,- cliclinlIS"WIC10S. Silt; is l fyeeing to transfer title to your client on the condition that she will 1,?. rclt;.,sud 1rorn arty li#ility vn the mortgage and with the pn.misc that any post-separation is CrCWIC In equity inure 'o only your client's benefit. We believe tills is a fair compromise to the vellicle, l enclose at this time copies of r:1i?r? t. titer faxed to me by Ed Dickinson at Bobby Rabal Acura. Dickinson says this x <!.::lc is r,rl in excellant condition and he asserts that a value )17S.' 1, 100.00 to -/"--100.00 is app;o .._!. ;0 ls dine. it s 11114 that Ks-i.;an may need to trade: this VC11icle On a new Nehicle in the ::::::1 lutui,:, and. It is therefore not mappropriatc; for d-a t:r trade value to he utilized. JUL-18-2007 11=30 Carol J. Lindsay, Esquire July 18, 2007 Page Two As to the inechanics of transfer, we ask that your :lie-a :muc°t Krisan at AAA this afternoon to transfer the car title. With regard to the deed, t will forward it to Krisan for signature upon receipt but will hold it pending; the schedtalira1; Of,!.01-lernent on refinance. I understand that the keys and garage door operier are being, delivered to my office to be made immediately available to your client. Krisan is leaving; the area later today. I therefore ask that you get back to me immediately regarding this case. Sincerely, Donald T. K issinj!,er ?s DTK/djk Enclosures cc: Krisan M. Stoll (w/encls) http://www•kbb_conVKBB/Used(:arsftcingRepoTtaspx7Manufac:?urcrid3=2&Ycarld--199 &Vehi... 7/12/2007 Sent1 to yr nt edvortisarrment :1999 Acura TL 3.2 Sedan ?4D BLUE BDUKe RARE-IN VALUE .. _ advrrt)srment Condition Value Good (5rlecteH) f f Cv Fair $7,+t ao ! Average Consumer Ratln.j (o Revlews) Read Reulf°ws i ? "7 '>s? ;-'•? rlor ret R atm. Be thA first to review ttlIS vPh;cle i I Vehicle Highlights i r Englr ?_ V(, y.? Liter in LC rlrrerre`a•.tJeft I ?L'?i: Selected It ciuipm,ent St:ndard ! Air (7nnditioning Pnwer Steering r Power Window, Power Door Lorim Tilt Wheri C: AIL";F= r-?anL'ci r, tjy:i: rata l Navigation Systrm nMJFM Stereo c:asselte !Angle- Compart D)sr l"N.-M um Sound Oudl Frnnt Air Rags Blue Book Trades-2n Value Trartlon tnntr,+ Leather Dual Power St: es Moon Roof Alloy Whnels Trade in valor i5 whit cnnsr.nn, is can e)rne•.Ct to rw r ivet "m a dealer 'rr a tr,irlo-in vehicle assuming An accurate ;ippralual of condition. rhls value will KP), be INS - URL: hfp-./lad•dOL _Close Window Page 1 of i I 1 ! D n? D N r m< m X C"a ? 7 r ? o n L1'7 rfl ? r ? R.1 cu y w J ti ?• a' r ' c7 in m U ml cLj tfU '1U cl C7 Ci G x' ?' ? v ur w n ? n cn C c, U3 U (A Z! 1-112 ID p d4 n c. ran c d a F' . F JUL-19-2007 11:40 CHAS E !,i Custorner Care Phorm 1-800-848.9136 Pleaeo send payrnonti3 nnly to PO BOX 89(x116 BALTIMORE, Mr 212830016 Hearing Impaired (T DD): 1-8[10-582-0542 #BWNJCCL #3131919462011005# LaIII.,.111.„tI.I,IL..,Jt1ttILJI.r,Lr111?trt,rlltalll 2WI6 ROH Z I?X7 G 0 BRF I-M VO MATTHEW J STOI_L KRISAN M. STOLL 1 KENSINGTON SCE F'. tilbi Nt , M1(H'i I UAUt LVA1V 1 14 1 clvltcly i 1 [?,n NuinWi, 1919462011 sin"urn;int ^atn O-VO.4107 Payinunt rue Dats. 07101107 Prop»rrty kirimn& 1 Keneingkin Sq Mechanicsburg, PA 17050 Loan Information: BaL••rnce_L Prhu-rpal Buldrict, $220.668.92 F?.r.rcwv Balunre Pt3;rt4Lll?nc:toni Inh:iost 11,itu Pnrec,t f,l R Intow-st $l,Atif3.(]<1 LW r^,w Iizyrncnt $364 40 Optsi:rial Puxh:ctn Sow ° Pa:s:t Due Puyrrrnnt S000 UnImid tale Chartles $0.00 - LtilY..r. y MECHANIC` BURG PA 17050-2364 rArr:::=,llanr:;;uy F xx $[t 00 , fao ai Payumbnt §1,336.40 /? 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'A f(-,w may be charged for simplified 1 r_r rr>ria: Home Ownership Today - a bl-weekly nowsletter with tips, advice and rate alerts all i1; one pl.v- eo Ftogislor 1 :1ow at www.chasehometips.com for this special FREE service: :Activity Sinm Your Last ;tutscuant TRANSAC-rioN TRANSACTION TOTAL OPTIONAL Wet f-Ft-I ANt_. pfs$CRltTilC>Ni_ _ DATE RE V Fr) PRINCIPAL INTE tt--SI F_•SCROW f' O UCC`J31I:?'. PAYMENT 0.5/03107 $1.830.49 S?92 8 ':, ;c r t "y7' $3S4.401 I Important Messages Aboull Y-t! kccount ATTEK7ION PENNSYLVANIA HOMEOWNERS.- As you are aware, many t;:x:.a,ti i :t+ ar+tte In your ,:!ate % to only provide the original current tax bill to you. If you have _a tax agency irlstallmoot clue in the n or ycrv s'rould hava roc;onll received a lottar that you pruvidc; the original current tax bill to Chase for payment Please fri• ,; ,:?! Ini- hill as soon ar, poss bfe to ensure prt, I ipl j,ayrnc Please rotor to the back of this statement for Important Information abou4 your ar..c4unt. When sanding your payrnorlt, ploa3n ho Lure the C h,..- 3 ::irons, on the =. ? E? :Y:r;.rtt :t; , :ijtpoan; i + the windrw, of the envelope ur rnakcr your pii'yr.ie., i onlr.o wh ouu, s, ru en onier,co and $(i ilia i Simply visa, ww,y_char q,w?r lc:h4,,;ooniinr: tC, pay 1110 status cat yOL. ::ances acid contact us vin secure 0-maif If you need to make your payniont toilay, call 1-866-836•-8339 toll frou and mice the I ustflay option! You may make your mortgage payment until 8 00 p_rn , Fautorn Timc, ein a businoss day, and your payrricir,i I, that day A service fern may apply 1t ll il. f'. Hi VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Matthew J. Stoll Date: ?,- I q -0 9 CERTIFICATE OF SERVICE On the AD day of February, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Donald T. Kissinger, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, sWiire Supreme C 'rt I No. 44693 26 West Hig reet Carlisle, PA 17013 717-243-6222 FLOWER & LINDSAY 26 West High Street Carlisle, PA - ? J r, ?.? -n ? ± -,? :'' ? ? -n i7? tU .; J ;:,.r -- ? ?rs-s - _ _ "T7 _ . ['71 ? . n 3 .. i ,, '-? C,.?7 .:L7 FLOWER & LENDS" 26 West High Street Carlisle, PA i ? FEB 8$ 2008 KRISAN M. STOLL, Plaintiff V. MATTHEW J. STOLL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this D -1k day of -L? , , 2008, upon consideration of the within Petition, a Rule is issued upon the Respondent to show cause why the relief requested should not be granted. Rule returnable at a hearing set for the -VAday of , 2008 in Courtroom Number -? &1L f " 30 Q - m C3a s'/off' r pw' 331 il i ? i c' 1 , I 'rl4 ?:/ LAU? 4o O/LrlL° I KRISAN M. STOLL, Plaintiff V. MATTHEW J. STOLL, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM IN DIVORCE PRAECIPE Please withdraw Defendant's Petition for Special Relief filed on February 21, 2008. SAIDIS, FLOWER & LINDSAY Caro J. Lindsa , Et?bffe Supreme Court ID ?Ib. 44693 26 West High' Stre---Eet Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ATNRNIM-AT-UN 26 West High Street Carlisle, PA Dated: April 14, 2008 CERTIFICATE OF SERVICE On the 14th day of April, 2008, 1, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Donald T. Kissinger, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 SAIDIS, FLOWER & LINDSAY Caron. Lindsay,-Es ire" Supreme Court ID N q. 44693 26 West High Streef Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY ATRIHNEYS•AT.uw 26 West High Street Carlisle, PA a ._ ? ,__.: _.- ??: ?' t KRISAN M. STOLL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MATTHEW J. STOLL, Defendant NO. 06-2949 CIVIL TERM ORDER OF COURT AND NOW, this 15`h day of April, 2008, upon consideration of the Praecipe filed in the above matter, withdrawing Defendant's Petition for Special Relief, the hearing previously scheduled for April 21, 2008, is cancelled. BY THE COURT, Wesley Of &, Jr., J. ,/Donald T. Kissinger, Esq. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Attorney for Plaintiff Zrol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 Attorney for Defendant J rc \ i?, }'? t?.l }s- 1 ??'? "l ? .. ?? e. .. KRISAN M. STOLL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM MATTHEW J. STOLL, Defendant IN DIVORCE PETITION TO COMPEL DISCOVERY AND NOW comes Matthew J. Stoll, by and through his counsel, Saidis, Flower and Lindsay and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on August 17, 1990. 2. On May 21, 2006, Respondent filed a Complaint in Divorce seeking, inter alia., equitable distribution of marital property. 3. On March 26, 2008, Petitioner served upon Respondent a single Interrogatory in a document entitled "Interrogatories - Third Set" a copy of which is attached hereto as Exhibit "A". 4. Thirty days have passed and despite numerous requests for the documents requested, Respondent has failed or refused to provide them. 5. On April 29, 2008, at Respondent's deposition, Respondent and her counsel agreed to promptly provide the documents, but they have not been provided. 6. A settlement conference is scheduled for the Office of the Divorce Master for SAMIS, LINDSAY 26 West High Street Carlisle, PA June 9, 2008, with a trial set for July 31, 2008. 7. The instant Petition is the second filed with this Honorable Court to compel discovery in the course of this case. Petitioner has incurred attorney's fees in order to obtain discovery pursuant to the Rules of Civil Procedure. 8. Respondent does not agree with the relief requested. 9. The Honorable J. Wesley Oler, Jr. has been assigned to the case. WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon the Respondent to show cause why she should not immediately provide the discovery requested in the form of an Answer to the Interrogatory propounded and counsel fees. SAIDIS, FLO ER & LI AY Carol"J.`Gndsay, 5squ' - Supreme Court IQ No. 693 26 West High re Carlisle, PA 17013 717-243-6222 Dated: May 27, 2008 SAIDIS, FLOWER & LINDSAY ATWRN .AI uw 26 West High Street Carlisle, PA VERIFICATION I, Carol J. Lindsay, attorney for Matthew J. Stoll, verify that the statements made in the foregoing document are true and correct and certify that I am authorized to do so. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Car'arJ.ILrhd§ay'`Es 'uire, attorney for Matthew J. Stoll SAIDIS, FLOWER & LINDSAY nrtowvevs•nr•uw 26 West High Street Carlisle, PA KRISAN M. STOLL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM MATTHEW J. STOLL, Defendant IN DIVORCE INTERROGATORIES -THIRD SET To: Krisan M. Stoll c/o Donald T. Kissinger, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 1. INSTRUCTIONS You are directed to submit written answers under oath to each of the following SAMIS, FLOWER & LINDSAY ATTORNEYS-AT- 26 West High Street Carlisle, PA questions, pursuant to Pa. R.C.P. 4005 and 4009. You must make reasonable efforts to obtain answers to any question as to which information may be available to you. If you gain information at some later time which causes you to know that your answers were incorrect when made or have become incorrect, you must supplement the answers you give in response to these questions, as provided in Pa. R.C.P. 4006. If you gain information at some later time respecting the identity of persons about whom a question is asked, you must supplement the answers you give in response to these questions, as provided in Pa. R.C.P. 4006. Within thirty (30) days, you must return the signed original of these interrogatories to Defendant's counsel. In answering these questions, assume that all words used have their ordinary meanings in normal English usage, except as provided below or where context requires other interpretation. INTERROGATORIES 1. Please identify by account number, credit card company, and obligor for each credit card account on which you have charged any purchases or made cash advances between January 1, 1999 to May 31, 2006. Please provide the address for the credit card creditor. Attach to your response all statements for any such account in your possession. If you are the obligor solely for any of the accounts listed but do not have all of the account statements from January 1, 1999 to May 31, 2006, please provide a Release permitting Saidis, Flower & Lindsay to obtain those statements directly from the credit card company. ANSWER: SAIDIS, FLOWER--&`LINOSAY SAIDIS, FLOWER & LINDSAY ATR)RNM-AT•uw 26 West High Street Carlisle, PA Carol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Dated: March 26, 2008 CERTIFICATE OF SERVICE On the 26th day of March, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via facsimile and first class mail, postage prepaid, addressed as follows: Donald T. Kissinger, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 SAIDIS, FLOWER &LINDSAY Carol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 SAIDIS, FLOWER & LINDSAY nTMR-N' S•,vuw 26 West High Street Carlisle, PA CERTIFICATE OF SERVICE On the .? `IrLday of May, 2008, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual, via first class mail, postage prepaid, addressed as follows: Donald T. Kissinger, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 SAIDIS, FLOWER & LINDSAY Carol I Linds716N e Supreme Cou4693 26 West High' Carlisle, PA 1717-243-6222 SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA MAY $ 9 2008) KRISAN M. STOLL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM MATTHEW J. STOLL, Defendant IN DIVORCE ORDER OF COURT SAMIS, FLOWER & LINDSAY ,?ruw 26 West High Street Carlisle, PA AND NOW, this ( 5j day of T L> t 1c- , 2008, upon consideration of the within Petition, a Rule is issued upon the Respondent, Krisan M. Stoll, to show cause why she should not be compelled tq provide the Aocuments requested. wi !,' l(I 7> S QT SC-)utcc.. . Rule returnable set for the day 20 room o. , BY THE COURT, CZ_ E1?3 F'_? w; - cr- 4 G? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISAN M. STOLL, Plaintiff/Petitioner ) NO. 06-2949 CIVIL TERM V. ) MATTHEW J. STOLL, ) CIVIL ACTION - LAW Defendant/Respondent ) IN DIVORCE PETITION TO COMPEL DISCOVERY AND NOW, comes Plaintiff, Krisan M. Stoll, by and through her counsel, Howett, Kissinger & Holst, P.C., and petitions the Court as follows: 1. The parties hereto are Krisan M. Stoll (hereinafter referred to as "Wife"), Plaintiff/Petitioner, and Matthew J. Stoll, (hereinafter referred to as "Husband"), Defendant/Respondent. 2. Husband and Wife were married on August 17, 1990. 3. Wife filed a Complaint in Divorce on May 21, 2006, seeking inter alia, equitable distribution of marital property. 4. On June 6, 2008, Wife served upon Husband a document entitled "Plaintiff's Request for Production of Documents," a copy of which is attached' hereto as Exhibit "A." 5. Over thirty (30) days have passed since these documents; were served upon Defendant, and no response has been received by Wife. 6. Wife's counsel has been assured by Husband's counsel that such documents would be shortly forthcoming, but has not provided same. 7. A trial before the Divorce Master is scheduled for September 26, 2008 at 9:00 a.m. 8. The Honorable J. Wesley Oler, Jr, has been assigned to this case. WHEREFORE, Plaintiff/Petitioner respectfully requests this Honorable Court enter an order granting her Petition to Compel Discovery and enter an order directing the following: A. That Defendant/Respondent, Matthew J. Stoll, be compelled to provide full and complete responses to the outstanding discovery no later than ten (10) days hereof; B. That Plaintiff/Petitioner, Krisan M. Stoll, be awarded counsel fees in the amount deemed appropriate as and for a sanction against Defendant for his failure to respond to the outstanding discovery; and C. Any other relief the Court deems just and equitable under the circumstances. Date: 1 (J Respectfully submitted, Donald T. Kissinger, Esqu10LST, HOWETT, KISSINGER & P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff/Petitioner, Krisan M. Stoll )& 4) Lp -? A LAw Om m cw HOWETT, KISSINGER & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX ago HAnmuiw. PeNSYWA.mA 17108 JOHN C. HOWETT. JR. DONALD T. KISSINGER DARREN J. HOLST REBECCA MCCLINCY DARR DEBRA M. SHIMP Legal Assistant June 6, 2008 VIA FAX & MAIL (717) 243-6486 Carol J. Lindsay, Esquire SAIDIS SHUFF FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013-2956 Re: Stoll v. Stoll Dear Carol: (717) 234-2616 FAX (717) 2345402 Enclosed for service upon you and your client is Plaintiff s Request for Production of Documents. Thank you for your cooperation in this matter. C??6 Rebecca McClincy Darr RMD/djk Enclosure cc: Krisan M. Stoll (w/encl) r ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISAN M. STOLL, Plaintiff NO. 06-2949 CIVIL TERM V. MATTHEW J. STOLL, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT To: Matthew J. Stoll, Defendant c/o Carol J. Lindsay, Esquire SAIDIS FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013-2956 INSTRUCTIONS AND DEFINITIONS Plaintiff, Krisan M. Stoll, by and through her undersigned counsel, hereby propounds the following Request for Production of Documents pursuant to Pa.R.C.P. 4009.1. The documents requested herein must be produced at the law offices of Howett, Kissinger & Holst, P.C., within thirty (30) days. Each of the following requests is intended as a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit any response to the numbered request as a whole. If you have any objection to any request, please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. You must file and serve a written response to these requests within thirty (30) days of service of these requests upon you, regardless of the time set for production of the documents requested herein. You are reminded that any objections not raised within the thirty (30) day period will be deemed to have been waived by you. These requests are not only for documents which are owned by you, but also documents which are in your possession, custody or control. This means that you must produce all documents which are responsive to a particular request and which are in your possession (regardless of whether they are your property) or over which you have control even if they are not in your possession. It also means that you must produce documents which are in the possession, custody or control of your agents, employees and/or attorneys. C Before responding to these requests, you are required to make a diligent search of your files and records to ascertain whether you have documents which would be responsive to a given request. Your agents, employees and attorneys must do the same. To avoid any possibility of confusion with respect to these requests, please note that the following terms have the following meanings in these requests, unless a particular request clearly indicates otherwise: "You" or "your" refer to the person to whom these requests have been addressed. "Person" means any natural person, corporation, unincorporated association, trust, partnership, and/or any other legally-cognizable entity. It is contemplated that any corporation or other business entity acts only through its agents, officers, employees and attorneys, and requests which apply to any such legal entity should be construed accordingly. "Document," "record," "file" and "report" all refer to and contemplate all written, recorded or graphic information, whether preserved in writing, on magnetic tape, by electronic means, in photographic form, on microfilm or microfiche, computer disk or by any other means of information retrieval or storage. Date: ° g O P 1 Donald T. Kissinger, Esquir HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Krisan M. Stoll PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS Provide a copy of the following: A copy of the lease for 397 West High Street residence, and copies of all checks representing payments made to the landlord for the entire period of your residence at this property, including any security deposits. 2. Copies of all statements for all bank accounts maintained by you for the period commencing in June of 2004 and continuing through June of 2006, including but not limited to your M & T Checking account. 3. All pay stubs for your employment with USF Glen Moore commencing in June of 2004 and continuing through termination of such employment. 4. All pay stubs for your current employment for the period commencing in January of 2008 and continuing through the present. 5. All pay stubs or other documents establishing the precise gross amounts and all deductions from any bonus checks you received from January 2004 and continuing until December 31, 2005. 6. Any and all raw data, financial statements or other documents supporting the calculation of your 2007 bonus from Carlisle Venture Group, Inc. and Carlisle Carriers, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISAN M. STOLL, Plaintiff ) V. ) MATTHEW J. STOLL, ) Defendant ) NO. 06-2949 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Krisan M. Stoll, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Plaintiff s Request for Production of Documents-First Set was served upon Carol J. Lindsay, Esquire, counsel for Defendant, Matthew J. Stoll, via facsimile and by depositing same in the United States mail, first class, on June 6, 2008, addressed as follows: Carol J. Lindsay, Esquire SAIDIS FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013-2956 Date: ? w Donald T. Kissinger, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Krisan M. Stoll IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISAN M. STOLL, Plaintiff V. MATTHEW J. STOLL, Defendant NO. 06-2949 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Krisan M. Stoll, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Petition to Compel Discovery was served upon Carol J. Lindsay, Esquire, counsel for Mattew J. Stoll, Defendant, via facsimile and by depositing same in the United States mail, first class, on August 1, 2008, addressed as follows: Carol J. Lindsay, Esquire SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013-2956 Date: Donald T. Kissinger, E e HOWETT, KISSINGER HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff/Petitioner, Krisan M. Stoll _1 77, Es c O AUG U 5 200d 61 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISAN M. STOLL, Plaintiff/Petitioner V. MATTHEW J. STOLL, Defendant/Respondent NO. 06-2949 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this Jtday of , , 2008, it is hereby ORDERED and DECREED, upon consideration of the attached Petition, that a Rule is issued upon the Defendant/Respondent, Matthew J. Stoll, to show cause why he should not be compelled to provide the documents requested. Rule returnable within 'Z& days of service. BY THE COURT: I t ,° r J/' Wesley Oler, JQ J. Distribution: Donald T. Kissinger, Esquire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616 .. ?oo-l J. Lindsay, Esquire, 26 West High Street, Carlisle, PA 17013-2956, (717) 243-6222 %?lely2.CCc?. ?? _ C 0i 0 ( LL C' r ` t c Y _f co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISAN M. STOLL, Plaintiff ) V. ) MATTHEW J. STOLL, ) Defendant ) NO. 06-2949 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on May 23, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. d' 4 A??p Date: Al - Krisan M. Stoll, Plaintiff C 'z r-a ca p _ ? ? cfs ? -rs s-r - -? ? v ' :? ??;? l 1 3., ;:c: ' - " ? ? . fl' ? .?. c;-, 4 , KRISAN M. STOLL, . Plaintiff VS. . MATTHEW J. STOLL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2949 CIVIL IN DIVORCE ORDER OF COURT 1 AND NOW, this day of 2008, the economic claims raised in the proceedings having been resolved in accordance with a property settlement and separation agreement dated September 25, 2008, 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, Q "r \ G V-L\ cc: Donald T. Kissinger Attorney for Plaintiff Carol J. Lindsay Attorney for Defendant A , . ?? ku. - e,-a,7 co x:1.1 ? ?" 1 C1 KRISAN M. STOLL, Plaintiff V. MATTHEW J. STOLL, Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this ak6 day of , 2008, between KRISAN M. STOLL, of 2122 Phelps Avenue, Fremont, Nebraska 68025, hereinafter referred to as Wife, and MATTHEW J. STOLL, of One Kensington Square, Mechanicsburg, Cumberland County, Pennsylvania 17050, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on August 17, 1990 in Wahoo, Nebraska; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 06-2949, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2949 CIVIL TERM 1 (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. The parties have already executed and filed Affidavits of Consent and Waivers of Notice. Upon execution of this Agreement, they will forward two copies to the Divorce Master asking him to have his appointment vacated by the Court and Wife will promptly transmit the record so that a Decree in Divorce can be entered. (3) REAL PROPERTY: During their marriage, the parties were owners of certain real estate known and numbered as One Kensington Square, Mechanicsburg, Cumberland County, Pennsylvania. Wife has transferred the property to Husband and he has refinanced the mortgage thereon so that she is no longer liable. Wife waives any and all claims she has with regard to the marital home. Husband will pay all expenses related thereto and with regard to such expenses shall indemnify and hold Wife harmless against any loss. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. Husband has used marital assets to pay the Chase Visa and Wife has paid the Capital One credit card which is in her name only. 2 B: Post Separation Debt: In the event that either party contracted or incurred any debt since May 2006, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. The parties have already transferred the titles of the vehicles in their possession on the date of separation to the party retaining possession. Specifically, Wife has retained the 1999 Acura and Husband has retained the 2006 Honda Pilot. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including 3 retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like, subject to the exceptions set out below. Specifically, Wife will retain the balance in the parties' joint Members 1st Federal Credit Union account, her own Commerce checking and savings accounts and her checking and savings account at Fremont National Bank. Wife will retain a Pershing money market account and a Pershing IRA. Wife has also received cash payments prior to and subsequent to the parties' separation date from bonuses of Husband in the amounts of $52,852.00 and $67,500.00. Husband will retain his individual M$T checking account, his USF Glen MooreNellow Roadway 401(k) Fidelity account, his Cornerstone IRA, with a pre-marital value of $11,810.00, cash from bonuses of $52,852.00, $67,500.00 and $25,758.75. Husband will also retain his Crete Carrier profit sharing account with a pre-marital value of $139,263.00, provided, however, that Husband will transfer to Wife by Qualified Domestic Relations Order prepared by Wife's counsel an amount to be determined as set out below with gains and losses from September 30, 2008. The parties have agreed to divide the marital estate with Wife receiving 53.5% of the marital value thereof. A list of assets and their distribution is set out on Exhibit "A". The parties will accept all values set out on the Asset List in making their distribution with the exception of the following assets which will be valued as of September 30, 2008: a. Wife's Pershing IRA; b. Husband's Pershing IRA: C. Husband's USF Glen MooreNellow Roadway Fidelity 401(k); and d. Husband's Crete Carrier profit sharing plan. Once the values of the enumerated plans as of September 30, 2008 are determined, the parties will promptly calculate Wife's share of the marital estate and subtract from that figure the amounts that she will have received from all assets over which she retains control as set out on Exhibit "A", as amended for September 30, 2008 values of the enumerated accounts. The parties 4 acknowledge and agree that one asset of Husband, USF Glen Moore/Yellow Roadway 401(k) plan with Fidelity, contains a non-marital portion. The value of that portion is set out on Exhibit "A" and will be subtracted, subject to gains and losses, from the September 30, 2008 balance of that retirement account. On the same day as the date of this Agreement, Husband will authorize Masland & Barrick to reduce to cash or cash equivalent the assets held by his Pershing IRA and, upon the entry of the Decree in Divorce, Husband will authorize the transfer of that IRA to Wife. Wife will accept the value of the IRA on the date that Masland & Barrick reduces the investment to cash as a part of her 53.5% of the marital estate. Husband will pay to Wife $40,000.00 as a part of her 53.5% of the marital estate, $20,000.00 of which will be paid on the date of the execution of this Agreement and $20,000.00 on or about the date of the entry of the Decree in Divorce. The balance of her share of the marital estate will then be paid to Wife by Qualified Domestic Relations Order prepared by Wife's counsel from the Crete Carrier profit sharing plan, together with gains and losses from September 30, 2008 until the date of distribution. As an example, if Wife's 53.5% of the marital estate were $578,542.31, she would acknowledge receipt of those assets in her column on Exhibit "A", for the purposes of an example, $138,874.80. She would also acknowledge receipt of the value of Husband's Pershing IRA on the date it was reduced to a cash account by Masland & Barrick and a $40,000.00 payment by Husband. The balance will be paid to her by the QDRO from the Crete Carrier profit sharing account. The parties hereto waive any claim that they may have against the assets retained by each or transferred from one to the other pursuant to this Agreement. It is specifically understood by the parties that the amount of the QDRO transfer from Husband to Wife be subject to gains and losses from September 30, 2008 to the date of 5 segregation of funds to Wife, in light of the volatility of the stock market so that the amount transferred to Wife reflects that volatility. Further, the parties agree that Wife's counsel will prepare the QDRO and that Husband and his counsel will promptly review and approve it so that the transfer can be accomplished at the soonest possible date. (8) ALIMONY: Husband agrees to pay to Wife as alimony the sum of $4,100.00 per month, commencing the first day of October, 2008 and continuing in equal amounts on the same day of each subsequent month until the occurrence of one of the following: 1. The death of Wife, 2. The death of Husband, 3. The remarriage or cohabitation of Wife with a member of the opposite sex not within the degrees of consanguinity, or 4. Wife's attaining 63 years of age. Thereafter, Husband will pay wife $2,500.00 per month, commencing the first day of the month following Wife's 63`d birthday until she the month attains 66 years of age, at which time the alimony shall terminate. Alimony shall be nonmodifiable. Wife shall notify Husband immediately upon her remarriage or cohabitation with a member of the opposite sex not within the degrees of consanguinity. The parties acknowledge that they know one another's Social Security Number. Alimony payments shall be deductible from Husband's gross income for the purpose of filing federal income tax returns and includible in Wife's gross income for the same purpose. The alimony payment set out herein shall be payable to the Office of Domestic Relations of Cumberland County or the Office of Domestic Relations of a county having jurisdiction over Husband. Enforcement shall be by attachment of Husband's wages. In the event that an overpayment in the amount of alimony is made, Wife will refund said overpayment to Husband 6 within ten days of receipt and notice of its payment in error. Pending the entry of the Decree in Divorce, Husband will continue to make spousal support payments pursuant to the Court Order in effect on the date of this Agreement through September 30, 2008. Husband will also comply with his obligation for unreimbursed medical expenses as set out in the Support Order and Wife will provide any information reasonably requested by Husband in order to determine the amount of that payment. Wife avers that she has not and will not incur anything but immediately necessary and reasonable medical expenses prior to the date of the Decree. Husband will maintain health insurance for Wife as he has through his employer until the entry of the Decree in Divorce. (9) LIFE INSURANCE: Wife shall have the right to insure Husband's life, up to a maximum of $500,000.00, provided she purchases the policy and makes the premium payments thereon. Husband will have no obligation to pay for insurance on his life. However, Husband will cooperate with the reasonable requirements of the insurance company Wife chooses in order for Wife to obtain the insurance, such as filling out information and/or consent forms and submitting to a physical examination and required testing. Until the life insurance Wife wishes to purchase is in place or for two months, whichever is less time, Husband will maintain Wife as the beneficiary on any life insurance which he presently has up to an amount of $500,000.00. Within ten days of the date of this Agreement, Husband will provide to Wife documentation of the value of his insurance coverage and her status as beneficiary. (10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Wife is represented by Don Kissinger, Esquire and Husband is represented by Carol J. Lindsay, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being 7 entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (12) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (13) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered 8 into. (14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (16) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be. raised in an action for divorce. (17) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and 9 expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. 10 (18) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (19) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (20) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: ^ i Kri n M. Stoll Matthew J. oll 11 4 O o O ?t N" S n v C n ? < N 3 ? N io 7 n m m o m y D Z N . = 0 = ? w = ? It 7 o y T 'n ' n n l) wm 3 $ m ? ?_ ? 7C ' m n m p m r r ? 3 3 3 ? D T _ n (7 c 0 D m° x e D S o -00 N< m e » ? T c r g ° cr n 1 9 ir ? o ' ? n -AC m S s S 7» ? Q ° it Q v x a ; o m O ° 0 co N y -n 9 7 H V '"onHi? Z m n co) y x 0 7 5 8 A K < ? ;w S. Q 0. T N> 7 , ZI O ' N m ? N O 7 N Ei O s Of P $ C DY v m ? ?. i ? N °?OO ? ? Z N T 7 " ? 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V w T S 10 N $ y N O O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISAN M. STOLL, Plaintiff ) V. ) NO. 2006-2949 CIVIL TERM MATTHEW J. STOLL, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Personal service on May 24, 2006; Return of Service filed May 30, 2006. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, September 25, 2008; by defendant, January 30, 2007. 4. Related claims pending: All claims resolved by Marital Settlement Agreement. 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: September 26, 2008; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: February 22, 2007. Date: Donald T. Kissinger, Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Krisan M. Stoll ?:"? ? ?_. r `-i ? ? _„ ; C,.:; ?'J °'°i --,1+ ?? r_. ?..° ^Z? _r t'_ ??3 :?7 ?, `".-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KRISAN M. STOLL, N Plaintiff 2006-2949 CIVIL TERM No. MATTHEW J. ST?LLUs Defendant DECREE IN DIVORCE AND NOW, 0f IS Zoos , IT IS ORDERED AND KRISAN M. STOLL DECREED THAT AND MATTHEW J. STOLL ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; None. E A ?f ? ?? ©l ??. ?? 0/ •' ?. fr ?tAR 3 0 2000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISAN M. STOLL, Plaintiff ) NO. 06-2949 CIVIL TERM V. ) MATTHEW J. STOLL, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER 1. Definitions: As used in this Order, the following terms shall have the meanings set forth below: a. "Alternate Payee" means Krisan M. Stoll, who resides at 2122 Phelps Avenue, Fremont, NE 68025, whose Social Security Number is 506-78-1069, and whose date of birth is 4/22/1954. b. "Participant" means Matthew J. Stoll, who resides at 1 Kensington Square, Mechanicsburg, Pennsylvania 17050, and whose Social Security Number is 508-72- 4922, and whose date of birth is 6/22/1954. Lincoln, NE 68501. C. "Plan" means Crete Carrier Profit Sharing Plan. d. The address for the Plan Administrator is P.O. Box 82535, PLW3, 2. This Order hereby creates and recognizes the existent of the Alternate Payee's right, as the former spouse of the Participant, to a portion of the Participant's retirement uenc it:i ul,ucr the P1M-1. 3. This Order is entered pursuant to 23 P.C.S.A. § 3502 governing the division of marital or community property between spouses and former spouses in divorce actions. 4. The Plan Administrator is directed to transfer to the Alternate Payee an amount representing thirty-seven and fifty-five one-hundredths percent (37.55%) of the existing balance of the Participant's account as of the date of transfer to Alternate Payee. 5. The Participant's account balance under the Plan shall be reduced to reflect the amount of the benefits assigned to the account balance of the Alternate Payee pursuant to this Order. V 6. Distribution of the account balance of the Alternate Payee shall be made to the Alternate Payee upon request by the Alternate Payee pursuant to the terms of the Plan. The Alternate Payee may designate a beneficiary to receive benefit payments, if any, payable following the death of the Alternate Payee. If the Alternate Payee has not designated a beneficiary or the designated beneficiary is not living, benefit payments, if any, payable following the death of the Alternate Payee shall be paid pursuant to the terms of the Plan. 7. To the extent investment direction by a participant is permitted by the Plan, the Alternate Payee shall have the exclusive right to direct the investment of the balance in the account established in the name of the Alternate Payee under the Plan. 8. It is the intention of the part;es that this QDRO ?,ontinue to qualify as a QDRO under Code § 414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 9. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 10. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 11. The Plan shall treat this QDRO in accordance with Code § 414(p)(7). As soon as administratively practicable after receipt of the proposed QDRO, while the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee. 12. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of the QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. F, 13. In the case of a conflict between the terms of the QDRO, and the terms of the Plan, the terms of the Plan shall prevail. 14. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Accepted and ordered this p day of ) CONSENT TO ORDER: Plaintiff/Altemate Payee ate Attorney for Plain ate Alternate Payee y BY THE COURT: w 2 7 Iss -r3 Aly, 0.54 rA "Ommllu .40