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HomeMy WebLinkAbout91-2290STATE OF ~ PENNA. ~RCg~ P. BRANSCLI~, JR., ................................................. .P_ .1. ain..ti'_. _f..f. ............ Versus MAREIA BRANSCL~, ............................................. Defendant N (). 2290 CIVIL 19 9~ DECREE IN DIVORCE AND NOW ..... ..~~...~.O/. ..... 19~.l ....it is ordered and decreed that ............. .c~...~...?: .~.g~..~..c~..,..~. ,, ............. plaintiff, and ...................... .L~..~..m~.. c-~, defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; B The rt Attest: .... ~ ,~ Proti~ia~ .... GEORGE P. BRAN$CUM, Plaintiff MARCIA BRANSCUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2290 CML 1991 CIVIL ACTION. LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section (201(c)) of the Divorce ~ode. 2. Dat~and manner of service of the complaint: Certified Mail~ Return Receipt Reauest~, ~ to Addressee Only, on June 5, 1991 ~mplete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 201(c) of the Divorce Code: by the Plaintiff October 30, 1991 ; by the Defendant October 7, 1991 (b) (1) Date of execution of the Plaintiff's affidavit required by Section 201(d) of the Divorce Code: (2) Date of service of the Plaintiff's affidavit upon the Defendant: 4. Related claims pending: None ey for Plaintiff GEORGE p. BRANSCUM, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. ,~ff0 CML, 1991 : IN DIVORCE Defendant : MARCIA BRANSCUM, YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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. Court Administrator, Third Floor Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 240-6200 FLOWER, KRAMER, MORGENTHAL & FLOWER Attorneys for the Plaintiff i~ ~1~' ~squire ( 11 East High Street Carlisle, PA 17013 (717) 243-5513 8. The Plaintiff requests the Court to enter a Decree of Divorce. FLOWER, KRAMER, MORGENTHAL & FLOWER Attorneys for the Plaintiff Date: 1 Ca~[). nde-y, Esquire 11 East High Street Carlisle, PA 17013 (717) 243-5513 2 ~VERIFICATION I, GEORGE PAUL BRANSCUM, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. George Paul Branscum Date: GEORGE P. BRANSCUM, JR., Plaintiff VS. MARCIA BRANSCUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CML, 1991 IN DIVORCE plAINTIFF'S AFFIDAVIT OF CONSENT 2, 1991. GEORGE P. BRANSCUM, Plaintiff, being duly sworn according to law, deposes and says: That a Complaint in Divorce under Section 201(c) of the Divorce Code was filed on July 2. That my marriage with Marcia Bran_scum, Defendant, is irretrievably broken. 3. That I consent to the entry of a Decree in Divorce on the grounds that the marriage is irretrievably brokem 4. That I~miderstand that I may lose rights concerning alimony, division of property, counseling fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, infonaation 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. George P. Branscum, Plaintiff Date: /a/aolql GEORGE P. BRANSCUM, JR., Plaintiff vs o MARCIA BRANSCUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2290 CIVIL 1991 IN DIVORCE AFFIDAVIT OF CONRRNT 1. A Complaint in divorce under Section 201(C) of the Divorce Code was filed on July 2, 1991. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them beforea! divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities. MARCIA BRANSCUM to NOTAHIAL SEAL - SHELLY SEXTON. NOTARY PUBLIC CARLISLE BORO. CUMBERLAND COUNTY MY ~MMISSION EXPIRES OCT. ,~1. 1994 Mmb~ Penns.vlv~ni~ Asseciitiel If Nt~i~ and subscribed before me , 1991. ~ota~lr Public this day of GEORGE P. BRANSCUM, JR., Plaintiff MARCIA BRANSCUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CML, 1991 IN DIVORCE WAIVER OF COUNSELLING GEORGE P. BRANSCUM, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counselling and understand that I may request that the Court require that my spouse and I participate in counselling. 2. I understand that the Court maintaim a list of marriage counselors in the Domestic Relations Office,~v~hich list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the Court. I understand that false statement herein made subject to the penalties of 18 Pa. C.S.§ 4904 relating to unsworn falsification to authorities. Sworn to and subscribed before me this ,~ ~ day of ~f~)~tx~ k:~c.~.. 1991. ~,~. O. ~ George P. Branscum Notary Public NOI'ARIAL. SEAL MERLENE MARHEVKA. N~t~ry Public CsHisle. Cumberland Count}'. P~. My CommIs~len Expires 6/7/9z~ GEORGE P. BRANSCUM, JR., Plaintiff VS. MARCIA BRANSCUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2290 CIVIL 1991 IN DIVORCE WAIVER OF 12I~T]N~i~.T,T,IN~ MARCIA B~ANSC~M, being duly sworn according to law, deposes and says~ 1. I have been advised of the availability of marriage counselling and understand that I may request that the Court require that my spouse and I participate in counselling. 2. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court requirethat my spouse and I participate in counselling prior to a divorce d~=e~ being handed down by the Court. I under~tand that false statements herein are made subject to the penalties of 18 Pa. C.S. section 4904 relating to unsworn falsification to authorities.  n to and subscribed before me this · 1991. ~ - ' Notary Public day of NOTARIAl_.SEAL SHELLY SEXTON, NOTARY PUBLIC CARLISLE BOROo CUMBERLAND COUNTY MY COMMISSION EXPIRES OCT. ;~1, 1994 MembeP Pennsylvania .Ae~ociation er Notarie~ GEORGE P. BRANSCUM, JR., Plaintiff Vo MARCIA BRANSCUM, Defendant IN THE COURT OF cOMMON pLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA NO. 2290 CML 1991 IN DIVORCE _CERTIFICATE OF SERVICE_ AN~' n~ 15th day of luly, 1991, I, CAROL J. LINDSAY, Esquire, of the law firm of FLOWER,~R, MORGENTHAL 8: FLOWER, Attorneys, hereby certify that I served the Defendant, MARCIA BRANSCUM, this day with the Divorce Complaint by depositing the same in the United States Mail, Certified Mail, Return Receipt Requested, Restricted Delivery, Addressee Only, addressed to: Mrs. Marcia Branscum 49 Hickorytown Road Carlisle, PA 17013 and proof thereof, the signed Return Receipt Card, is attached hereto. FLOWER, KRAMER, MORGENTHAL & FLOWER Attorneys for 11 East High Street Carlisle, PA 17013 (717) 243-5513 GEORGE P. BRANSCUM, JR., z IN THE COURT OF COMMON PLEAS OF Plaintiff ~ CUMBERLAND COUNTY, PENNSYLVANIA vs. ~ NO. 2290 CIVIL 1991 MARCIA BRANSCUM, ~ Defendant : IN DIVORCE YOU ~AVE BEEN SUED IN CO~T. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A Judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT F~T.R A ~_T.AT]( FOR ALINON~, DIVISION OF PRDPERT~, LAW~ER' S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULME~ IS GRANTED, YOU MAY LOSE ~ RIGHT TO CLAIM ANY OF YOU SHOUr.n TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR T~'~PHONE OFFICE SET FORTH BELOW TO FIND OUT W~RE YOU CAN GET TmGAL Court Administrator - Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 James J. Kayer Attorney for Plaintiff Fifty East High Street P.O. Box 246 Carlisle, PA 17013 (717) 243-7807 GEORGE P. BRANSCUM, JR., Plaintiff VS. MARCIA BRANSCUM, Defendant COMES NOW, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2290 CIVIL 1991 IN DIVORCE ANSTWRR TN DIVORCR Defendant Marcia Bransc,,m, by and through her attorney, James J. Kayer, Esquire and states as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 7. Admitted. 8. Admitted. COUNT I - INDIGNITIES 201(a)(6) of the Divorce Code Paragraphs 1 through 8 are hereby incorporated by reference and made a part hereof. 10. The avea-ments under this Court are not collesive. 11. Plaintiff has offered such indignities to Defendant, the innocent and injured spouse, as to render her condition intolerable and life burdensome. COUNT II - IRRETRIEV~nT.R B~EAKDOWN 201(c) of the Divorce Code 12. Paragraphs i through 11 are hereby incorporated by reference and made a part hereof. 13. (a) The marriage is irretrievably broken. (b) Plaintiff and Defendant have lived apart since June 1, 1991. 14. Defendant has counseling and that she separate and been advised as to the availability of may have the right to request that the Court require the parties to participate in counseling. 15. Defendant requests the Court to enter a decree divorce. of COU~T III - P~QUEST FOR DIFISION OF PROPERTY U~DER SECTION 401 OF T~R DIVORCE CODE 16. Paragraphs i through 15 are hereby incorporated by reference and made a part hereof. 17. The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". 18. Upon entry of a divorce decree, such property should be divided equitably as is Just and proper. CO[~T IV - COUNSEL FEES, COSTS, R~DENSES 19. Paragraphs i through 18 reference and made a part hereof. 20. Defendant has retained are hereby incorporated by the services of Arthur T. McDe£mott & Associates, and the counsel fees, costs, and expenses for representation in this action will be substantial and continuing. 21. Defendant is without sufficient funds, income, or assets to pay such counsel, fees, costs, and expenses. 22. Defendant will need to retain the services of an appraiser and other experts with regard to this action. 23. Plaintiff is financially able to provide for these expenses of Defendant. COUNT V -ALI~0NYANDALIMONYPENDENTE LITE 24. Paragraphs 1 through 23 are hereby incorporated by reference and made a part hereof. 25. Defendant lacks sufficient means of support at present to fully provide for her reasonable needs, despite the fact she is employed. Defendant requests an award of alimony pendente lite. 26. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 27. Plaintiff is financially able to provide for the reasonable needs of Defendant. COUNT VI - INSURANCE ~RLIEF 28. Paragraphs i through 27 are hereby incorporated by reference and made a part hereof. 29. Defendant lacks sufficient means of support at present to provide health or life insurance coverage for herself. 30. Plaintiff is finanically able to carry health and life insurance coverage personally or through his employer for her. WHEREFORE, Defendant prays that a judgment be entered in favor of the Defendant against the Plaintiff as follows~ (a) As to Count I, that a decree in divorce be entered divorcing Defendant from the bonds of matrimony between the said Plaintiff and Defendant. (b) As to Count II, in the alternative, should Plaintiff execute an Affidavit consenting to a divorce because the marriage is irretrievably broken, that a decree in divorce be entered divorcing Defendant from the bonds of matrimony between the said Plaintiff and Defendant. (c) As to Count III, that preliminary and interim counsel this Court enter an award for fees, costs and expenses and to enter a final award of counsel fees, costs, and expenses. (d) As to Count IV, that this Court enter an award for preliminary and inter{m counsel fees, costs and expenses and to enter a final award of counsel fees, costs, and expenses. (e) As to Count V, that Defendant be awarded alimony pendente lite and child support until final hearing and pe.'~%%anent alimony thereafter. (f) As to Count VI, that Plaintiff be ordered to carry medical and life insurance coverage either personally or through his employer on his wife. ( g ) Such other additional relief as the Court deems necessary and appropriate. Respectfully Submitted, ARTHU~ T. MCDERMOTT & ASSOCIATES Ja~e~s~ JC K~y~r', Es~ire :' P O. aox CArlisle, ~A 17013 ~/717 ) 24~7807 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Answer in Divorce was served on the following person(s), First class mail, postage prepaid, by forwarding a true and correct copy unto= Carol Lindsay, Esquire 11 East High Street Carlisle, PA 17013 East ~I~uh 8trg~t garlislA/ PA 17013 (717) -s64o GEORGE P. BRANSCUM, JR., Plaintiff vs. MARCIA BRANSCUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2290 CIVIL 1991 IN DIVORCE ~RAR~TPR TI~k-TTI:iI~RAWI'TF.ATNg TNCT~R#T TO ~TVOR~ COMES NOW, Defendant Marcia Branscum, by and through her attorney, James J. Kayer, Esquire, and states as follows~ 1. The parties have agreed to consent to a no-fault divorce under Section 201(c) of the Divorce Code. Both parties have filed their Affidavits of Consent with this Court. 2. The Defendant is hereby withdrawing Count I - Indignities of her New Matter. 3. The Defendant is hereby withdrawing Count III - Request for Division of Property under Section 401 of the Divorce Code as the parties have agreed and stipulated to an equitable distribution of the marital property. 4. The Defendant hereby withdraws Count IV - Counsel Fees, Cost, Expenses of her New Matter. 5. The Defendant hereby withdraws Count V - Alimony and Alimony Pende Lite of her New Matter. 6. The Defendant hereby withdraws Count VI - Insurance Relief of her New Matter incident to this divorce. WHEREFORE, the Defendant has withdrawn all outstanding claims that she raised in the New Matter that she filed in the above captioned matter and hereby consents to the entry of a divorce decree in this matter which incorporates the Property Settlement Agreement executed by the parties. Respectfully Submitted, ARTHUR T. MCDERMOTT & ASSOCIATES /F~fty Ea~ Hi. Street /~.0. Bo~ ~46 / ~arlisl~/,-~ 17013 F(717) 2~3-7807 CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing Claims Incident to Divorce was served on Defendant's Counsel, by First class mail, postage prepaid, by forwarding a true and correct copy unto, Dated, Carol Lindsay, Esquire 11 East High Street Carlisle, PA 17013 GEORGE P. BRANSCUM, JR., Plaintiff VS. MARCIA BRANSCUM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA. NO. 2290 Civil 1991 ~W~CWF~M~TO~TO STRIKE AND ENTER APPEARANCE Dear Sir/Madam Clerk: Please strike the appearance of James J. Kayer on behalf of Defendant, Marcia Branscum and enter the appearance of Laurie A. Saltzgiver. Respectfully submitted, BoW 4 !C~rlisle~PA. 17013-0246 Laurie I. ghltz~i~e~// ' Attorney I.D. No. ~3~2 CERTIFICATE OF SERVICE Vu~.~ , 1992, a copy of the above Motlo~ to Strike and Egt~Appearance was mailed, postage prepaid, to: Carol J. Lind~ay, Esquire, Flower, Kramer, Morgenthal & Flower, 11 East High Street, Carlisle, Pennsylvania 17013, Attorney for George P. Branscum, Jr. MEYERS, DEbtOR & ~4OU.EMBEIIGER 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA. 17108 {717) 236-9428 · FAX (717} 236-2817 MARCIA BRANSCUM, : Petitioner : : V : GEORGE P. BRANSCUM, JR., : Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2290 CIVIL 1991 O~ER OF COURT AND NOW, August 25, 1992, based on the petition filed, a hearing is set for Monday, October 19, 1992, at 9:30 a.m., in Courtroom No. 1. The defendant is directed to appear at the hearing. By ihe Court, Harold E. Sheely, MARCIA BRANSCUM, Petitioner vs. GEORGE P. BRANSCUM, JR. Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2290 CIVIL 1991 ~"21rzTzCll' ~ BPK~q'AT. l~l~r.Tl,m' AN~, comes the Petitioner, ~A~IA~A~, by and through her attorneys, ~E~, ~p~&~~, and does respectfully request the following relief pursuant to Pa. R.C.P. 1920.43: 1. Petitioner is Marcia Branscum, an adult individual, who resides at 49 Hickorytown Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent is George P. Branscum, Jr., an adult individual, who resides at R.D. 1, Box 45, Trindle Road, Apartment l-A, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties were married on August 5, 1967 and were divorced on November 19, 1991 in Cumberland County, Pennsylvania. 4. The parties executed a Separation and Property Settlement Agreement on October 31, 1991 pursuant to their divorce. See attached Agreement marked as Exhibit "A". 5. Respondent has failed to satisfy various provisions of said Agreement and Petitioner brings this petition for enforcement of the Agreement pursuant to Pa.R.C.P. 1920.43. 6. Petitioner, through counsel, has specified which provisions of the Agreement have not been complied with and has requested performance of same. 7. Petitioner has made repeated requests to Respondent for compliance with the Property Settlement Agreement and Respondent has failed to satisfy the requirements of the Agreement. MEYEI~, DESFOR & 8HOLLENBERGER 410 NORTH SECOND STREET * P.O. BOX 1062 '~ HARRISBURG, PA. 17108 (717) 236-9428 · FAX (717) 236-2817 - 2 - 8. Paragraph no. 9 of the Agreement provides for the transfer of the marital home to the wife. Husband has failed to execute a deed conveying the marital residence to the wife. 9. Pursuant to paragraph no. 10(c), husband was to roll over approximately $100,000.00 of his profit sharing plan to the wife by November 30, 1991. Husband has made no effort to accomplish the roll over. 10. Paragraph no. 12(b) provides that husband shall supply wife with copies of his yearly tax returns for verification of his yearly income. Husband has failed to supply wife with copies of his 1991 income tax returns. 11. Petitioner requests this Honorable Court to grant her counsel fees, costs and expenses incurred in bringing this Petition for Special Relief. ~F~E, Petitioner, Marcia Branscum, respectfully requests this Honorable Court to compel the Respondent to comply with the Separation and Property Settlement Agreement of the parties and to grant all appropriate relief requested herein. Petitioner further requests attorney's fees, costs and expenses incurred in bringing this Petition. RespectfullyI submitted, Laurie A. Sa~tzgi~e~V Attorney I.D. No. 61382 Date: MEYERS. DEEFOll & mqOLL~.N~ 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA. 17108 {717) 236-9428 * FAX (717) 236-2817 MARCIA BRANSCUM, Petitioner vs. GEORGE P. BRANSCUM, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. 2290 Civil 1991 ::::::::::::::::::::::: CERTIFICATE OF SERVIC~ /~ I HEREBY CERTIFY that on this ~~/;day of August, 1992 a copy of the attached Petition for{S~61al Relief was mailed, postage prepaid, to: Carol J. Lindsay, Esquire, Flower, Kramer, Morgenthal & Flower, 11 East High Street, Carlisle, Pennsylvania 17013-3016, Attorney~ for Respondent. L~ur~e A. S%ltzgiver~quirs MEYERS, DESFOR & $HOLLENBERi3ER 410 NORTH SECOND STREET · P.O. BOX 1062 · HARRISBURG, PA. 17108 (717) 236-9428 · FAX (717) 236-2817 MARCIA BRANSCUM, : IN THE COURT OF COMMON PLEAS Petitioner : OF CUMBERLAND COUNTY, PA. vs. : NO. 2290 Civil 1991 GEORGE P. BRANSCUM, JR., : Respondent : ORDER AND NOW, this day of , 1992, the Respondent is hereby ordered to comply with the provisions agreed to by the parties relating to the Separation and Property Settlement Agreement entered into on October 31, 1991. FURTHERMORE, Respondent shall pay for Petitioner's counsel fees, costs and expenses in the amount of $ incurred in bringing this Petition. BY THE COURT: 410 NORTH SECOND STREET · P.O. BOX1062 · HARRISBURG. PA. 17108 (717) 236-9428 · FAX {717} 236-2817 MARCIA BRANSCUM, Petitioner VS. GEORGE P. BRANSCUM, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. 2290 Civil 1991 ::::::::::::::::::::::: RULE AND NOW, this day of , 1992, a Rule is hereby entered to show cause why, if any, the relief requested in the within Petition should not be granted. Rule Returnable in days from receipt. BY THE COURT: 410 NORTH SECOND STREET · P.O. BOX1062 · HARRISBURG, PA. 17108 (717) 236-9428 · FAX (717) 236-2817 GEORGE P. BRANSCUM, JR., Plaintiff MARCIA BRANSCUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2290 CIVIL 1991 IN DIVORCE ANSWER TO PETITION FOR SPECIAL RELIEF AND now comes Respondent, George P. Branscum, Jr. by and through his attorneys, FLOWER, KRAMER, MORGENTHAL & FLOWER, and answers the petition for special relief filed by Defendant. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. Admitted that various provisions of the agreement have not been given effect. Denied that Respondent has "failed" to satisfy the provisions of the agreement. By way of further answer, Petitioner has not provided an acceptable deed to accomplish transfer of the marital home, or a qualified domestic relations order for Respondent's signature. By way of further answer, Respondent has been asked by Petitioner, and is in the process of obtaining approval from Farmers Trust Company of a qualified domestic relations order because Petitioner requested him to do so. Further, at all relevant' times, Respondent has been ready, willing and agreeable to sign any and all documents to give effect to the property settlement agreement. 6. Admitted that Petitioner has specified which provisions of the agreement have not been complied with. Admitted that Petitioner has requested performance of same. By way of further answer, Petitioner has failed to provide documents which would give effect to the agreement despite Respondent's willingness to sign any and all documents necessary. 7. Denied that Petitioner has made repeated requests to Respondent for compliance with the property settlement agreement. Requests for compliance have been only recently made, and the required documents to insure compliance have not been provided by Petitioner. 8. Admitted that the agreement provides for the transfer of the marital home to wife. Admitted that husband has failed to execute a deed conveying the marital residence to wife. By way of further answer, the deed was defective in that it failed to exclude approximately five acres transferred to the Federal Government as a part of the Appalachian Trail. Attached as Exhibit "A" hereto is the July 28, 1992 letter to Attorney for Petitioner so advising and the August 26, 1992 letter in response to a query as to how Petitioner's attorney could locate the transfer. 9. Admitted that husband was to rollover a portion of his profit-sharing plan to his wife. Denied that husband has made no effort to accomplish the rollover. By way of further answer, attached as Exhibit "B" is the qualified domestic relations order prepared by Respondent's counsel and the August 4, 1992 letter to Jane Burke at Farmers Trust Company seeking approval of the QDRO. By way of further answer, Respondent has not yet had a response from Farmers Trust Company to the August 4, 1992 letter. 10. Admitted. 1991 income tax return. 11. By way of further answer, husband has never been asked for a copy of his No response required. WHEREFORE, Respondent, George P. Branscum, Jr., respectfully requests that this Honorable Court dismiss the petition for special relief, and award to Respondent counsel fees, costs and expenses incurred in answering this petition. FLOWER, KRAMER, MORGENTHAL & FLOWER Attorneys for Plaintiff\Respondent By: ' -~(~ ~ Carol J. ~.indsay, Esquire - ID # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 3 EXHIBIT "A" LAW' OFFIC~ FLOWER, KRAMER, MORGENTHAL & FLOWER JAMES D. FLOWER ROGER M. MORGENTHAL JAMES D. FLOWER, JR. CAROL J. L1NDSAY BRUCE J. WARSHAWSKY 11 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013-3016 (717) 243-5513 FAX: (717) 243-6510 July 28, 1992 BIETSCH & MORGENTHAL O~TS-~s) JOSEPH L KRAMER WILLIAM A. KRAMER 0~-~4) Laurie A. Saltzgiver, Esquire MEYERS, DESFOR & SHOLLENBERGER P. O. Box 1062 Harrisburg, PA 17108 RE: Branscum V. Brflnscum Dear Laurie: I enclose a signed and witnessed change of ownership form for Royal Insurance Company. I enclose an unsigned Deed. Dr. Branscum reviewed the Deed and noted that it is inaccurate to the extent that it does not exclude approximately five acres which were transferred to the Federal Government as a part of the Appalachian Trail. We are willing to sign a quit-claim__Deed but not a warranty Deed. Please provide either a quit-claim Deed or a warranty Deed with a proper description of the property conveyed. On another issue, there .is a safe deposit box at Farmers Trust Company in Carlisle. Each party has a key. My client would be pleased to turn his key over to your client and arrange for Farmers Trust to send any future rental bills to her. In the alternative, if she will provide her key, we will close the safe deposit box. Please provide your client's wishes in this regard. Very truly yours, FLOWER, KRAMER, MORGENTHAL & FLOWER Carol J. Lindsay ClL:tjb Enclosures cc: George P. Branscum P101 A DEED--SHORT FORM A D G R V S T--t ALL-STATE LEGAL SUPP%Y CO. One Cammerce Drive. CrmWotd. N. J. 07016 .Made the day of ,in the year ~/neteen h~ndredand ninety-two ~s~e~*$ GEORGE P. BRANSCUM, JR. and MARCIA P. BRANSCUM, husband and wife ora~,fzor AND MARCIA P. B~ANSCUM of 49 Hickorytown Road, Carlisle, PA. Grantee 17013 ~i[US~e[~, that i~ oo~slderat~n of. ( $1.0 0 ) One ...... DoUars, in hand paid, the reoeipt whereof is I~reby aoknowledged, the said Grantor do es hereby grant and convey to the said Grantee her heirs and assigns, ALL that certain tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, designated as Lot No. 3, bounded and described in accordance with a survey made by Gerrit J. Betz, Registered Surveyor, on November 5, 1973, a copy of which is recorded in the herein- after named Recorder's Office in Plan Book 24, page 120, as follows: BEGINNING at a railroad spike in the center of Township Road T.572 which point is 1,194.56 feet from the center line of the Trindle Road (Route 641) and which point is also at corner of lands now or formerly of Donald L. Brickner and Nellie M. Brickner, his wife~ thence by the center of Township Road T-572 North 15 degrees 24 minutes West 80 feet to a point in the center line of said Township Road and at the corner of lands now or formerly of Ronald L. Snyder; thence by land of Snyder North 70 degrees 23 minutes 54 seconds East 300 feet to a point; thence along lands of Snyder and other lands now or formerly of Donald L. Brickner North 15 degrees 24 minutes West 220 feet to a point at the Northeast corner of land now or formerly of Brickner, which point is in the line of lands now or formerly of George F. Dickson, Jr.; thency by lands of George F. Dickson, Jr., North 70 degrees 23 minutes 54 seconds East 151.80 feet to an iron pin; thence by the same North 35 degrees 28 minutes 54 seconds East 65.13 feet to an iron pin; thence by same North 75 degrees 22 minutes 54 seconds East 159.08 feet to an iron pin; thence by same North 82 degrees 28 minutes 14 seconds East 293.01 feet to an iron pin; thence by same North 57 degrees 37 minutes 02 seconds east 1,034.67 feet to a tack in a fence post; thence by land now or formerly of Katherine Shughart South 53 degrees 16 minutes 40 seconds East 346.83 feet to a fence post; thence by the same South 29 degrees 41 minutes West 358.83 feet to an iron pin; thence by land now or formerly of Donald L. Brickner and Nellie M. Brickner, his wife, South 71 degrees 22 minutes 30 seconds West 976.85 feet to a fence post; thence by same South 72 degrees 33 minutes 24 seconds West 355.56 feet to a fence post; thence by same South 70 degrees 53 minutes 50 seconds West 273.63 feet to a fence post; thence by same South 70 degrees 23 minutes 54 seconds West 295.93 feet to a railroad spike in the center of Township Road T-572, the place of BEGINNING. CONTAINING 15.446 acres and subject to ~he right of way line for Township Road T-572 and the building restriction as shown on said prev- iously referred to Plan. BEING same premises which Jim~ie K. Shafer and Loretta F. Shaffer, his wife, by deed dated October 25, 1974 and recorded in the office of the Recorder of Deeds in and for Cumberland County, PA., recorded in Deed Book "V", volume 25, page 486 granted and conveyed unto Husband and Wife. CONTAINING the one story dwelling and detached garage known and numbered as R.D. 1, Box 310A, Carlisle, PA., and represented by Cumberland County Assessment No. 21-09-0535-002B. In which dwelling Helen Irene Metz reserves a life estate for the term of her natural life and thereafter all right, title and interest in said dwelling shall pass to Marcia P. Branscum, grantee herein. UNDER and subject to all restrictions, conditions, setbacks, easements and rights-of-way of record and as set forth in the above-mentioned Deed. This is a conveyance from Husband and Wife and is therefore exempt from Pennsylvania realty transfer tax. .:umzl~t.uu~d~ j.o ~lHu;mut~mut[~ spuv~.l · p~/i.~auoo [iqz.t~l [17.tzdo.~d Royal '~ Ma~*at~e~ Life I~ C.o~pany ("T~e Company") ("The Company") 25800 Nollhwsstsm Highway P. O. Box 2165 Southfield, Michigan 48037-2165 Insured'e Name George P. Branscum, Insured's Date of Birth: 5/25/46 Insured's Address: Servicing Agent's Name: #illiam 6..~Davidson Policyowner Ins. Policy Number(s): 4056_880 OLICYHOLDER SERVICE REQUEST INSTRUCTIONS - $19nsture R~qulrements- red - Insured, if age 16 or older items - Owner(s), if other than insur - Assignee, if policy assigned ~quired) - Corporate officer, with title, policy corporate owned. J.~signee Return All Items To: [] Owner [] Other JGeneral Agency Name Oavidson & Velencia, ~nc. NON-FORFEITURE OPTION CHANGE [~ General~ Agency JAgency-Agant Code 46171,386 To: [] Automatic Premium Loan r-I Paid-Up Insurance [] *Extended Term Insurance *Not Available on Rated Policies DIVIDEND OPTION CHANGE TO: [] Cash [] Accumulate at Interest [] Paid-Up Additions [] Premium Reduction [] Loan Deduction [] Purchase One Year Term Insurance ("Fifth Dividend Option") Balance to Option **Requirements for "Fifth Dividend Option .... 1) Submit completed part 3 of Plan Change / Reinstatement Request Form 2) Any Additional evidence of insurability as determined by the Company 3) Minimum $10,000 face amount DIVIDEND WITHDRAWAL Amount: [] Maximum Available Purpose: Amount: $ (Specify Amount) [] Cash [] Pay Premium on Policy No.: Ct Pay Loan on Policy No.: [] Other POUCY LOAN I hereby authorize The Company to grant the amount of the loan as indicated below. Amount: [] Maximum Available Purpose: n Cash Amount: $ (Specify Amount) [] Pay Premium on Policy No.: [] Pay Loan on Policy No.: [] Other: OPTIONAL REPAYMENT PLAN (Not available on ail Policies) [] Increase my monthly pre-authorized check withdrawal by $ iD Bill Me [] Monthly [] Quarterly [] Semi-Annually I-I Annually Beginning (date): for $ NOTE: This loan operates as a lien upon the above numbered policy. E] SURRENDER / WITHDRAWAL I do hereby, for myself and my beneficiaries, and for anyone claiming any right in, through or on account of said Contract, release The Company from any liability hereunder. This release is given in consideration of the following. CI FULL POMCY SURRENDER: I hereby request both the accumulated dividends and the cash surrender value of the policy less any outstanding loans. ~- [] WITHDRAWAL: In the amount of $ (Not availeble on all plans) [] PARTIAL SURRENDER: In the amount of $ (Not available on all plane) It is understood and agreed that sufficient of my Cash Surrender Value has been paid to the Company in liquidation of any outstanding Loans, Billing, Annual Administrative Charges, Partial or Full Surrender or Withdrawal Charges, and any deferred state taxes when applicable as specified in the policy. IMPORTANT NOTICE ON IRS REGULATIONS Under IRS & State regulations, gains, if any, are subject to withholding by the payor. All appllcabta gains will be reported to the IRS & State at year end. Please read and complete the following statement: [] I DO NOT want to have any Federal Income Tax withheld from my withdrawal of values. [] I DO NOT want to have any State Income Tax withheld from my withdrawal of values. This election will remain in effect until revoked. You may revoke your election at any time prior to payment. ADDITIONAL INSTRUCTIONS (i.e. address change, billing change, etc.) Use this sect;oh for additional Instructions, remarks or requests for changes other than those specified on the form Insured's Name: hr, nfo(= P_ Branscunl. ~]r, Policy Number(s) 4056.880 I do hereby revoke the former designation of beneficiary In this policy and release The Company from all liability thereunder and do hereby designate that the proceeds of said policy payable by reason of death shall be paid to the person(s) and in the manner, shares, and pmporUone, and only on the terms, conditions, and contingencies as follows: PRINT FULL GIVEN NAME .,~ND SURN'~ME Primary Beneficiary Relationship to Insured OWNERSHIP CHANGE paid in equal shares to any primary beneficiaries who suwive the I equal shares to any contingent beneficiaries who suwive the insured. To (New Name) Reason for Change As owner of the policy listed above, I hereby request transfer of ownership and successor ownership to: (Ch~o~ O~7 ONE) [] INDIVIDUAL: [] CORPORATE: [] TRUST: SUCCESSOR OWNER: Dated at New Owner: this Day of 19 ENDORSEMENT This change of name, ownership, and/or beneficiary has been filed with The Company at It~ Home Office and the Company has agreed to the above modif~s) of ~ald policy. "THE COMPANY" Dated at Southfleld, Michigan on 19__ By ~etary Note: After being recorded at the Home Office, a copy will be returned and should be attached to the policy. DUPLICATE POLICY REQUEST I hereby declare that my policy, listed above, wes lost or destroyed under the following circumstances and I hereby request issue of a duplicate: AGREEMENT AND SIGNATURE SECTION (8~nm.m~ MUST be in ink) tran_,~a_~iona marked above be completed by The Company and agree for myself (oumaivas), ~ all others cialmlng under the above policy to rel~, Indemnify and hold The Company  A ,, qllty Incurred because of completing the above tmnmu~lons. I ONe) expressly win, rant that all (~ ~ ,are of legal age and that no proceedings In bankruptcy are pending agldnst any of them. ~ ~ singular tense as used In this aswlce request Is to be read In the plural If applicable. ~ .... , rs dated (month) (day) ~yeer) Policyowner Social Security or Tax I.D. Number '(MANDATORY) · ...u~ ~..~ be ..,=.~ ~ th. in~...o.. . _~_~_9___8_4_.._~_~.8_5_ ................. Slgnst~e of Poli ~cypwner(s) or Legal Representative Complete this ~ectinn If signing in other than an Ir~llvldual Cap~ity Name of Company or Trust Official Title ~ Street Address Signature of Spouse In Community Propen'y b"tate or Joint Pollcyowner (, any): ;igneture of Assignee ~f .ny) or Irrevocable Beneficiary :lty, State or Province, Zip Code LA~ OFFICES FLOWER, KRAMER, MORGENTHAL & FLOWER 11 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013-3016 JAMES D. FLOWER ROGER M. MORGENTHAL JAMES D. IrLOWEIL JR. CAROL J. LINDSAY BRUCE J. WARSHAWSKY (717) 243-5513 FAX: (717) 243-6510 August 26, 1992 BIETSCH & MORGENTHAL 0~7~-~8~) JOSEPH L KRAMER 09:~-~77) WILLIAM A. KRAMER (18~5-194n) Laurie A. Saltzgiver MEYERS, DESFOR & SHOLLENBERGER 410 North Second Street P. O. Box 1062 Harrisburg, PA 17108 RE: Branscum v. Branscum De. Laurie: I suspect you will be able to trace the transfer of land to the Federal Government through the Office of the Recorder of Deeds of Cumberland County. I enclose an answer to your petition for special relief. Very truly yours, FLOWER, KRAMER, MORGENTHAL & FLOWER Carol J. Lindsay CJL:tjb Endosure cc~ George W. Branscum, Jr. EXHIBIT "B" GEORGE P. BRANSCUM, Plaintiff V. MARCIA BRANSCUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2290 CIVIL 1991 CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This cause coming before this Court for the purpose of entry of a Qualified Domestic Relations Order as that term is defined in 29 U.S.C. § 1056 (d)(3); and by the agreement of the parties hereto; and the Court being fully advised of the settlement agreement by virtue of the separation and property settlement agreement attached hereto; the Court hereby makes the following findings and enters them as an Order in this proceeding: 1. George P. Branscum, Jr., Plaintiff, hereinafter HUSBAND, is the spouse of Marcia Branscum, Defendant, hereinafter WIFE. 2. HUSBAND is entitled to benefits through a profit-sharing plan (hereinafter PLAN) through Belvedere Medical Corporation Partners and administered by Farmers Trust Company of Carlisle, Pennsylvania. 3. HUSBAND is a participant in the PLAN. His vested percentage in the PLAN is 100%. 4. As an agreed distribution of marital property, WIFE shall be designated as an alternate payee, and shall receive in a single payment payable at this time, the following amount from the PLAN: . WIFE intends such distribution to be rolled over into a tax shelter plan pursuant to the Internal Revenue Code of the United States, and taxable to neither HUSBAND nor WIFE. However, should WIFE choose not to roll the aforesaid distribution over into a tax shelter plan pursuant to the Internal Revenue Code, she shall be solely responsible for the tax consequences of such action. Social Security Number is 2. The address of WIFE is 49 Hickorytown Pennsylvania. Her Social Security Number is 429-84-2285. plan. 4. The Court also finds the following and enters the following as a part of this Order. The address of HUSBAND is 1435 Trindle Road, Apt. 1, Carlisle, Pennsylvania. His Road, Carlisle, Cumberland County, This Order is applicable to the Belvedere Medical Corporation Partners profit-sharing This Court retains jurisdiction to establish or maintain this Order as a Qualified Domestic Relations Order. Further, the Court may amend this Order to conform its terms to further requirements of the PLAN administrator to effectuate the purposes and intent of the Order. By the Court, Ja Date: 2 LAW OFFICIOS FLOWER, KRAMER, MORGENTHAL & FLOWER IAMBS D. FLOWER ROGER M. MORGHNTHAL IAMES D. FLOWER, J-R. CAROL J. LINDSAY BRUCE J. WARSHAWSKY 11 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013-3016 (717) 24z-sst3 FAX: (717) 24:~6510 August 4, 1992 BIgI~CH & MORGENTHAL JOSEPH L. KRAMER WILLIAM A. KRAMER (188~944) Ms. Jane Burke Fa~a,ers Trust Company One West High Street Carlisle, PA 17013 RE: George P. Branscum, Jr./Belvedere Medical Corporation Profit Sharing Plan Dear Jane: This letter, will introduce me as the attorney for George Branscum who entered into a property separation agreement with his ex-wife, Marcia Bran.scum, on October 31, 1991. I enclose a copy of the separation and property settlement agreement. As you will note in Section 10 (c) of the agreement, Dr. Branscnm is to Wamfer to his wife the contents of his profit-sharing plan excepting $120,000.00 which he retains for himself. That transfer has never taken place. To effect the transfer, I have prepared a qualffied domestic relations order, a draft of which I enclose. We have agreed with Marcia Branscum's attorney, Lori Saltzgiver in Harrisburl~ that each of the parties would be entitled to receive interest on his or her share of the profit-sharing plan from November 30, 1991 to the present, or to the most recent time for which you have figures. We would appreciate your help 'calculating the share of each party as of November__._' 30, 1991. Of course, we know Dr. Branscnm's share is $120,000.00. The balance in the account would be Mrs. Bran.scum's. That is the'figure I do not have. Secondly, can you calculate the interest earned on the account since November 30, 19917 With that infoimation, I can apportion Mrs. Branscum's share of the interest as well. Jane Burke 2 August 4, 1992 Finally, as plan administrator, would you review the QDRO to let me know if it is acceptable to effect the tran.~fer we wish. Thank you for your help with this matter. Very truly yours, FLOWER, KRAMER, MORGENTHAL & FLOWER cc: George Branscllm Carol J. Lindsay GEORGE P. BRANSCUM, JR., Plaintiff MARCIA BRANSCUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2290 CIVIL 1991 . IN DIVORCE : CERTIFICATE OF SERVICF AND now, this ~ ~ day of .,~.-//~-~ ~- 1992, I, CAROL J. LINDSAY, Esquire, of the law firm of FLOWER, KRAMER, MORGENTHAL & FLOWER, Attorneys, hereby certify that I served the within Answer this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Laurie A. Saltzgiver, Esquire MEYERS, DESFOR & SHOLLENBERGER 410 North Second Street P. O. Box 1062 Harrisburg, PA 17106 FLOWER, KRAMER, MORGENTHAL & FLOWER Attorneys for (Plaintiff/Defendant) By Carol J. [Jndsay, Esquire ID Cf 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 0CT-16-1992 12:50 FROM MEYERS,DESFOR' ET AL. TO IvlEYERS, DESFOR & SHOI_L~NB~RGER october 16, 1992 12406490 p. 02 1ox~ The Honorable Harold E- sheely President judge CUMBERLAND COUNTY COURTHOUSE One courthouse square carlisle, PA 170%3 in Re: Branscu~ Dear Judge Sheely: PleaSe be advised that upon the agreement of ~o2n counsel in %he above tion we hereby request that the hearl g scheduled for october eferenced ac . ,' 19, l~z m= ~U~_7 _ of the problem. amicable very truly yours, L S/Ob cc Carol J- Lindsay, Esq. TOTAL P. 02 I EMANUEl- MEYERS (1915-i970) BRUCE D. DESFOR TIMOTHY A. SHOLLENBERGER LAURie A. SALTZGIVER LAW OFFICES MEYERS, DESFOR ~ ShOLLENBERGER 410 NORTH SECOND STREET P.O. BOX lOSE HARRISBURG, PA. 17108 October 16, 1992 {717) 236-9428 FAX {717) 236-a8 I 7 The Honorable Harold E. Sheely President Judge CUMBERLAND COUNTY COURTHOUSE One courthouse Square Carlisle, PA 17013 In Re: Branscum v. Branscum Dear Judge Sheely: Please be advised that upon the agreement of both counsel in the above referenced action, we hereby request that the hearing scheduled for October 19, 1992 be continued generally. The parties are attempting to reach an amicable resolution of the problem. LAS/db cc Carol J. Lindsay, Esq. t ly yours, MARCIA BRANSCUM, Petitioner V GEORGE P. BRANSCUM, JR., Respondent IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2290 CIVIL 1991 ORDER OF COURT AND NOW, October 16, 1992, at the request of counsel for the petitioner and with the concurrence of counsel for the respondent, hearing previously set for Monday, October 19, 1992, at 9:30 a.m., in Courtroom No. 1, is hereby continued generally. By the Court, Harold E. Sheel~, ~.J. Laurie A. Saltzgiver, Esquire For the Petitioner Carol J. Lindsay, Esquire For the Respondent :pbf GEORGE P. BRANSCUM, Plaintiff MARCIA BRANSCUM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2290 CIVIL 1991 CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This cause coming before this Court for the purpose of entry of a Qualified Domestic Relations Order as that term is defined in 29 U.S.C. § 1056 (d)(3); and by the agreement of the parties hereto; and the Court being fully advised of the settlement agreement by virtue of the separation and property settlement agreement attached hereto; the Court hereby makes the following findings and enters them as an Order in this proceeding: 1. George P. Branscum, Jr., Plaintiff, hereinafter HUSBAND, is the spouse of Marcia Branscum, Defendant, hereinafter WIFE. 2. HUSBAND is entitled to benefits through a profit-sharing plan (hereinafter PLAN) through Belvedere Medical Corporation Partners and administered by Farmers Trust Company of Carlisle, Pennsylvania. 3. HUSBAND is a participant in the PLAN. His vested percentage in the PLAN is 100%. 4. As an agreed distribution of marital property, WIFE shall be designated as an alternate payee, and shall receive in a single payment payable at this time, the following amount from the PLAN: $132,175.73. WIFE intends such distribution to be rolled over into a tax shelter plan pursuant to the Internal Revenue Code of the United States, and taxable to neither HUSBAND nor WIFE. However, should WIFE choose not to roll the aforesaid distribution over into a tax shelter plan pursuant to the Internal consequences of such action. Revenue Code, she shall be solely responsible for the tax Social Security Number is 429-84-2285. 2. The address of WIFE is 49 Hickorytown Road, Pennsylvania. Her Social Security Number is 070-360-4055. 3. The Court also finds the following and enters the following as a part of this Order. The address of HUSBAND is 1435 Trindle Road, Apt. 1, Carlisle, Pennsylvania. His Carlisle, Cumberland County, This Order is applicable to the Belvedere Medical Corporation Partners profit-sharing plan. 4. This Court retains jurisdiction to establish or maintain this Order as a Qualified Domestic Relations Order. Further, the Court may amend this Order to conform its terms to further requirements of the PLAN administrator to effectuate th~es ~and~tent of the Order. By t J.