HomeMy WebLinkAbout94-02553
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: IN THE COURT OF COMMON PLEAS :
8 OF CUMBERLAND COUNTY *
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8 NANCY S. STEWART, .
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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;
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Defendant ) IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
ALEXANDER H. STEWART,
Plaintiff
CIVIL ACTION - LAW
NANCY S. STEWART,
NO.
94-2553 CIVIL TERM
To the Prothonotary:
Please transmit the record, together with the following inforn18tion, to the Court for the
entry of a Divorce Decree:
I. Ground for divorce; Irretrievable breakdown under Section 3301 (d) (I) of the divorce
code,
2. Date and manner of service of the Complaint: Acceptance of Service by Defendant on 19
May 1994.
3. Plaintiff's Affidavit under Section 3301 (d) of the Divorce Code was executed on 30
January 1996. A copy of the Affidavit was served upon the Defendant's counsel of record by
certified mail on 26 F ebroary 1996.
4. Related claims pending: None. All economic claims will resolved by the report and
recommendation of the Master and no further order of the Court is required to implement the
Master's recommendations.
The Defendant signed a Waive~ of Notice of Intention to Request Entry of a Divorce Decree
on 4 April 1997, which was filed ~~e~JI'llncllli3Iy with this Prallsipe. A copy of that Waiver is
attached hereto.
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Salllu I L. An es
Attorney for Plaintiff
Supreme Court ID 17225
525 NOl1h 12'h Street
Lemoyne, IJA 17043
(717) 761-536]
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ALEXANDER H. STEWART, I IN THE COURT OF COMMON
Plaintiff I PLEAS OF CUM8ERLAND COUNTY,
I PENNSYLVANIA
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vs. I CIVIL ACTION - LAW
I
I NO. 94-2553 CIVIL TERM
NANCY S. STEWART, I
Defendant I IN DIVORCE
NOTICE TO DEFENDANT
If you wish to deny any of the statements set forth in this
aff idavit, you must file a countera [f idavit within twenty (20 I days after
this affidavit has been served on you or the statements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to t.his action separated on or about 29 January 1994.
and have cont.inued to live separately and apart for a period of at least
two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division
of property, lawyer's fees or expenses if I do not claim them before a
divorce is granted.
I verify that the statements made in this affidavit are true and
correct. I understand that false stat.ements herein are made subject to
the penalties of 18 Par C.S. 4904 relating to unsworn falsification to
lauthorities.
Date: 30 January 1996
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,A ER H. STEWART
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ALEXANDERH. STEWART, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY,
) PENNSYLVANIA
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vs. ) CIVIL ACTION - LAW
)
) NO. 94-2553 CIVIL TERM
NANCY S. STEWART, )
Defendant ) IN DIVORCE
AFFJDA VIT OF SERVICE BY CERTIFIED MAIL
LYNN EHRENFELD, being duly sworn according to law, deposes and says as follows:
1. That she is an employee of Samuel L. Andes, aUorney for the Plaintiff herein.
2. That on 20 February 1996, she delivered to the U.S. Postal Service in Lemoyne, Pennsylvania, as
certified mail (Receipt No. P 376 182897), return receipt requested, addressed to LeRoy Smigel, Esquire,
counsel for the Defendant, Nancy S. Stewart, a certified copy of the Plaintiffs Affidavit under Section 3301
(d) with an auached leUer, copies of which are aU ached hereto and marked as Exhibit A.
3. Said return receipt card is aU ached hereto as Exhibit B showing a date of delivery to the
Defendant's counsel, LeRoy Smigel, at 2917 North Front Street in Harrisburg, Pennsylvania..
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Lynfl Ehrenfeld
Sworn to and subscribed
before me this 22rUday
of i-\p.-LUJ , 1997.
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Notary P lic.---~iiiAL8E1'!
Nt( ,~. R08WJ. Nol:ry Pdle
L.narne llatl.l)arbJ1Qnd rAUlty. PA
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Exhibit
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IN THE COURT OF COMMO
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2553 CIVIL TERM
NANCY S. STEWART,
DEFENDANT
CIVIL ACTION - DIVORCE
COUNTBR-AFFIDAVIT UNDBR SBCTION 3301(41
OF THB DIVORgB CODB
1. Ched; r::it:I'::4 (ill I)l.. (L):
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~ (a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because
(Check (i), (ii) or both):
(i) The parties to this action have not lived
separate and apart for a period of at least
two (2) years.
(ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
(a) I do not wish to make any claims for economic
relief. I understand that I may lose rights
concerning alimony, division of property,
lawyer's fees or expenses if I do not claim
them before a divorce is granted.
(b) I wish to claim economic relief which may
include alimony, division of property,
lawyer's fees or expenses or other important
Lightu.
I verify that the statements made in this counter-affidavit are
true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.c.s. Section 4904 relating to
unsworn falsification to authorities.
Date: .3 h /9t.
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NOTICB: If you do not wish to oppose the entry of a divorce decree
and you do not wish to make any claim for economic relief, you need
not file this counter-affidavit.
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2. The following marllal property and assets are hereby awarded to the Defendant,
Nancy S. Stewart, free of any further claim by the PlainUff, Alexander H. Stewart:
(a) Her IRA with Fidelity Magellan.
(b) Her pension wllh the Commonwealth of Pennsylvania.
These assets shall be the sole and separate property of the Defendant after the date of this Order.
The parties shall make, execute, acknowledge and deliver any and all documents necessary to
transfer these assets into the name of Defendant or to otherwise confirm his ownership of them.
3. The escrow account held by the attorneys for the Plaintiff and Defendant, which
represents the cash proceeds from the sale of the parties' former residence, shall be divided as
follows:
(a) The sum of $16,107,43 shall be distributed to the Plaintiff, Alexander H.
Stewart.
(b) The sum of $59,239.57 shall be paid to the Defendant, Nancy S. Stewart.
(c) Any balance remaining in the escrow account after those payments shall
be distributed so that the Plaintiff receives 45% and the Defendant receives 55% of
such funds,
4. This Order makes no d!sposilion of the tangible household personal property owned
by the parties. The parties are directed to arrange the division and distribution of those assets
themselves.
5. The Defendant's claim for alimony is denied.
6. The Defendant's dahn for l'Ounsel fees and expenses is denied.
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 2553 civil
ALEXANDER H. STEWART,
plaintiff
NANCY S. STEWART,
Defendant,
IN DIVORCE
Notice of Filina Master's ReDort
The report of the Master has been filed this date and
copies have been sent with this notice to counsel of record and
the parties.
In accordance with P.R.C.P 1920.55 within ten (10) days
after the mailing of this notice and report exceptions may be
filed to the report by any party. If no exceptions are filed
within the ten (10) day period, the court shall receive the
report, and if approved, shall enter a final decree in
accordance with the recommendations contained in the report.
( J1t!e,ifM>
Date: 3/4/97
E. Robert Elicker, II
Divorce Master
Note: If exceptions are filed, file the original with the
Prothonotary and a copy with the Master's office. At
that time, the party filing the exceptions should notify
the court reporter in the Master's office so arrangements
can be made for a transcript. Upon completion of the
transcript and receipt of payment the entire file will be
returned to the prothonotary's office for transmittal to
the Court at time of argument on the exceptions.
If no exceptions are filed, counsel shall prepare an
order of Court consistent with the recommendations and
provide a proposed order of Court to the Master.
counsel shall also prepare and provide with the proposed
order of court a praeoipe. to the Prothonotary direoting
the Prothonotary to submit the case to the court for
final disposition. The Master will then transfer the
file with the proposed order of Court and praeoipe to the
prothonotary's office for docketing and transmittal by
the Prothonotary to the court.
. Form available in the Prothonotary's Office and the
Master's Office. (HQt the praeoipe to transmit the
record form as Bet out in P.R.C.P. 1920.73(b).)
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94 - 2553
ALEXANDER H. STEWART,
Plaintiff
NANCY S. STEWART,
Defendant
IN DIVORCE
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MASTER'S REPORT ,'".. .l.)
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Proceedings held before
E. Robert Elicker, II, Divorce Master
Cumberland County Courthouse,
9 North Hanover street, Carlisle, Pennsylvania
proceedings held on September 5, 1996,
and December 23, 1996
commencing at 9:00 a.m.
APPEARANCES:
Samuel L. Andes
Attorney for Plaintiff
LeRoy smigel
Attorney for Defendant
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PROCEDURAL HISTORY
A divorce complaint was filed on May 12, 1994,
raising grounds for divorce of irretrievable breakdown of the
marriage. No economic claims were raised in the complaint. On
May 18, 1995, the Defendant wife filed an answer and
counterclaim raising the economic claims of equitable
distribution, alimony, alimony pendente lite, and counsel fees
and expenses.
An affidavit under Section 3301(d) was filed by the
Plaintiff on February 16, 1996, averring that the parties
separated on or about January 29, 1994, a period in excess of
two years, although husband later claimed that the parties
separated in December 1993. Nevertheless, his affidavit under
section 3301(d) states the date of separation about January 29,
1994. Apparently the January date was when the parties actually
physically separated and husband left the marital residence.
Wife filed a counter-affidavit in response to the
affidavit under section 3301(d) indicating that she did not
oppose the entry of a divorce decree but that she wished to
claim economic relief. Economic relief has been claimed by the
filing of the counterclaim on behalf of wife raising the
economic issues of equitable distribution, alimony, alimony
pendente lite, and counsel fees and expenses.
The Master was appointed on January 5, 1996, and
after a directive to file pre-trial statements a pre-hearing
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conference was held on May 6, 1996. At the pre-hearing
conference a hearing was scheduled for August 15, 1996, which
was rescheduled to September 5, 1996. At that hearing testimony
was presented from two accountants regarding the valuation of a
partnership. Over objection of counsel for husband, the Master
allowed wife additional time to obtain the services of a real
estate expert to appraise the real estate in the partnership and
a hearing was scheduled for October 1, 1996. That hearing was
rescheduled at the request of the attorney for husband and
another hearing was set for December 23, 1996.
The parties and counsel appeared on December 23,
1996, for the second hearing after which the Master indicated
that he would like counsel to file a summary and valuation of
marital assets and interests within two weeks. The issue of
whether or not testimony would be offered on marital misconduct
was left open for future discussion. The Master also requested
some updated medical information about wife's health situation
and also some updated financial information about wife's
earnings.
After the close of testimony on December 23, 1996,
the Master placed on the record certain remarks which have been
transcribed and are attached hereto.
The Master indicated that upon receipt of the
summaries he would schedule a conference with counsel. Finally,
on February 26, 1997, the Master and counsel met. Plaintiff's
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counsel's summary was received in the mail by the Master the day
of the conference, Defendant's counsel's summary was submitted
under letter of January 3, 1997, with a slightly revised
addition submitted to the Master immediately before the
conference.
The conference with counsel turned out to be as
openly hostile and acrimonious as were the proceedings before
the Master on September 5, 1996, and December 23, 1996. Aside
from the stipulated facts and numbers, counsel found issues in
every aspect of the case (not unusual in the legal playing
field) but counsel for husband wanted to have another hearing to
present testimony on a $50,000.00 loan/gift from husband's aunt
and tangible personal property issues. Counsel for wife stated
the record had been closed and he would not appear at another
hearing. Neither counsel requested the opportunity to offer
testimony on the factor of marital misconduct. A letter had
previously been submitted about wife's health situation and some
updated income information was provided. Counsel for husband
attached an exhibit to his summary of assets setting forth some
items of tangible personal property husband wanted possession
of. This, as noted, was received the day of the conference. As
counsel were leaving, amidst the usual barbs being cast about
the room, the Master simply said he would let them know later
what he would do.
What the Master has decided to do is prepare a
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report and recommendations from his notes, the exhibits, and the
information developed with counsel at the conference on February
26, 1997. The record will not be opened for any additional
testimony unless the Master is directed by the Court to do so.
Based on the history of this case as the Master has experienced
it, one counselor the other will disagree with every finding of
the Master giving counsel the impetus to request a transcript
and make their arguments again with the transcript in hand
before a panel of honorable judges.
The Master's report and recommendations follow.
STIPULATIONS ENTERED ON THE RECORD ON
DECEMBER 23, 1996
MR. ANDES: We have stipulated to five or perhaps
six things.
1. We have stipulated that the cash in an escrow account
which represents the proceeds from the sale of the
marital residence, after the parties made certain
withdrawals to which they had both mutually agreed is
$75,347.00.
2. We have agreed that Mr. Stewart's individual
retirement account with Fidelity Magellan is worth
$10,133.00.
3. We have agreed that Mrs. Stewart's individual
retirement account with Fidelity Magellan is worth
$8,033.00.
4. We have agreed that Mr. Stewart owns a policy of
life insurance with Ohio State Life Insurance
which has a cash value of $981.00.
5. We have agreed that Mr. Stewart's individual
retirement account with Advest Investments has a
value of $32,014.00.
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6. We have agreed that the parties have divided
their automobiles and we are not going to have
testimony or contention about values.
7. We stipulate that the date of marriage was August 29,
1964.
e. We have stipulated that we will admit into the record
the report of Harry Leister on Mrs. stewart's
Pennsylvania Employees' Retirement System pension.
That gives different values and we will have to have
some testimony about that.
(Whereupon, Joint Exhibit No. 1 was marked
for identification.)
9. We have also stipulated that the appraisals of real
estate owned by B.R. William Heirs done by Rod Green
of Good News Reality in Indiana, Pennsylvania will be
admitted into the record.
(Whereupon, Joint Exhibit No. 2 was marked
for identification.)
10. Husband purchased during the marriage 2.77% of the
total ownership interest in B.R. williams Heirs.
Counsel both agree that that 2.77% share is marital
property and has been since he purchased it.
11. We also stipulate that husband's 8.33% interest he
inherited from Margaret Williams in 1987 is not
marital property but the increase in value is.
12. We have agreed that in addition to the properties
appraised by Mr. Green as shown on Joint Exhibit No.
2 as being owned by the partnership in 1987 that
there were two other properties which the partnership
owned. There was a service station at 518
Philadelphia street in Indiana, Pennsylvania, which
had a value of $64,000.00 in 1987, and a tract of
land containing 104.36 acres in Pine Township,
Indiana, Pennsylvania, which had a value in 1987 of
$40,000.00. We would like those to be added to the
appraised value established by Mr. Green for the real
estate owned by B.R. Williams Heirs to arrive at the
total value of B.R. Williams Heirs when my client
inherited his e.33% interest.
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FINDINGS OF FACT
1. The parties were married on August 29, 1964. The date of
separation was addressed on the record by the parties
with wife stating the parties separated on January 29,
1994, when husband left the marital residence. Although
this is the date that husband used in his affidavit
under section 3301(d) he stated that actually the parties
separated about a month before even though they continued
to reside in the same residence. The specific date of
separation, namely, the end of December 1993 or the
end of January 1994 is not particularly important in the
final resolution of this case and the valuation of
assets.
2. Two children were born of the marriage, both of whom
are emancipated.
3. Neither party was previously married.
4. Husband currently resides at 2853 Oakwood Drive,
Harrisburg, Pennsylvania, where he has resided since
June 1996. He is living at that residence with a female
friend and has an interest in the property based on his
initial investment of $6,500.00. Previously, after the
parties physically separated, husband lived with his
mother at 2826 Merion Road, Camp Hill, Pennsylvania.
5. Husband is 55 years of age and is employed as a sales
manager at the used car lot at Freysinger Pontiac. His
income from his employment based on the 1996 end of year
pay statement is around $30,500.00 gross. Husband stated
he did not have any bonuses in 1996. Husband has a
Bachelor's degree from Lycoming College in Business
Administration.
6. Husband stated that he has had depression and has been
under the care of a physician and taking medication
for depression since 1986. He does not have any other
health problems.
7. Wife resides at 2007 Daybreak Circle, Harrisburg,
Pennsylvania, in a home which she purchased subsequent
to the separation.
8. Wife is 52 years of age and is employed by the
Commonwealth of Pennsylvania, Department of
Transportation as a secretary. Wife reports a biweekly
gross income of $1,086.00 with an annual gross of
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around $28,000.00. Wife hae two years of college at
shippensburg University in elementary education but
does not have a college degree.
9. Wife currently receives spousal support in the amount of
$86.30 biweekly through an order entered in Cumberland
County, Pennsylvania.
10. Wife indicated that she has had to undergo a breast
examination because of a lump on her breast. The Master
had requested a status report and on January 7, 1997,
Frank W. Jackson, M.D. submitted a report indicating
that her recent exam shows "distortion" and that a
fOllow-up examination is recommended in 6 months.
11. Husband's retirement consists of an IRA, a 401(k), and a
retirement contribution as noted on the paystub on
Plaintiff's Exhibit 16. The 401(k) payments are deducted
from his paycheck also. Wife is a participant in the
Commonwealth of Pennsylvania pension plan.
12. with respect to wife's retirement value, the Master finds
that it is likely that wife will continue to work until
age 65 (she testified that she has a large mortgage and
because of her expenses could not afford to retire
before that time) and based on prior experience, she will
probably take the refund of contributions. Based on
those findings, the Master has valued, based on Mr.
Leister's report, the marital value of wife's pension
plan at $24,851.00. After taking the refund of
contributions plus interest the monthly benefit would be
$219.00.
13. In addition to the marital assets previously stipulated
to by the parties and counsel and the findings as above
stated with respect to the marital value of wife's
pension plan, the Master makes the following findings
with regard to the remaining marital assets and marital
interests:
a) Husband's PNC Checking account value is $3,143.00
($718.00 plus three checks totalling $2,425.00,
two of which were dated December 21, 1993, and
one dated December 27, 1993, equalling the sum of
$3,143.00.)
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d)
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Marital interest in B.R. Williams Heirs (2.77'
times $469,148.00) is $12,995.40.1
The nonmarital interest of husband in B.R. Williams
Heirs which was an 8.33' interest decreased in
value from the date of acquisition in July 1987
to the date of separation so no value is used
for that interest in the partnership representing
a marital interest in assets.
The Vanguard Mutual Fund account and the Advest
Investment account were nonmarital accounts.
At the date of separation the Vanguard Mutual Fund
account showed a decrease in value of $53,065.84
and the Advest Investment account showed an
increase in value of $7,330.44. Because both
accounts represented nonmarital assets, the
Master has offset the decrease in the one account
against the increase in the other account and
finds that there is no value representing a marital
interest in these accounts as of the date of
separation.
14. The Master finds that the total value of marital assets
and marital interests subject to distribution have a
value of $167,497.40.
15. At the time wife's mother's home sold, wife received
$3,779.00 which she invested in a Vanguard account.
Wife also received an inheritance on June 5, 1993, from
her mother's estate in the amount of $9,614.02 which she
used toward the purchase of her townhouse and legal fees.
The Master finds that these funds are nonmarital.
1. Referring to Joint Exhibit No.2, Mr. Smigel used the number
of $365,000.00 as a total appraised value of the real estate
in his computation, whereas, Mr. Andes used the sum of
$320,000.00 for the value of the real estate. The Master
does not know the basis for Mr. Andes' figure but does
recall that the Pine Township property (29 acres) was sold
in September 1996 and reduced the total appraised value
of the real estate for 1996 by $9,000.00 to arrive at a
total for the real estate of $356,000.00. The balance of
the monies used to make up the total value of the
partnership consisted of cash accounts.
8
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16. The sum of $50,000.00 was received from husband's aunt in
1987 for the purpose of allowing husband to purchase an
interest in a car dealership. Wife claims the money was
a gift to both parties, husband claims that he signed a
note on April 13, 1987, promising to pay back the sum to
his aunt; however, husband further went on to say that
the money would not have to be repaid unless the aunt
needed the money. Husband used the money to buy into the
car dealership and no money has been repaid to the aunt.
The Master finds that that sum of money is not a marital
debt which he is going to consider in the equitable
distribution computations.
17. Wife had attorney fees with her prior counsel Bogar &
Sheely in the amount of $6,000.00 which she testified
have been paid. Her current fees with her present
counsel are around $30,000.00. The real estate appraisal
cost was $3,000.00 which $1,500.00 was raid out of the
escrow account and at the time of the hearing $1,500.00
was still owing.
18. No objection has been made by either party in these
proceedings to the method and adequacy of service of any
of the pleadings in the divorce action nor has either
party or counsel objected to the jurisdiction of this
Court to act in these proceedings.
CONCLUSION OF LAW
Grounds for divorce are irretrievable breakdown of
the marriage. On February 16, 1996, the Plaintiff filed an
affidavit under section 3301(d) averring that the parties have
been separated for a period in excess of two years. Wife does
not dispute that the separation has been in excess of the
statutory requirement of two years; therefore, the divorce can
be concluded under Section 3301(d) of the Domestic Relations
Code.
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ANALYSIS OF THE FACTORS AS
SET FORTH IN SECTION 3502(a) OF THE
DOMESTIC RELATIONS CODE
1. The parties were living together in a marital
relationship for approximately 29 1/2 years and have
been separated for approximately 3 1/4 years.
2. Neither party was previously married.
3. Husband is 55 years of age and is a sales manager of a
used car lot at Freysinger Pontiac. For most of his
working life husband has been involved in the automobile
business. He has a Bachelor's degree from Lycoming
College. His main source of income is from his
employment in the amount of approximately $30,500.00
gross per year. Husband is participating in a 401(k)
plan, a retirement plan, and has some nonmarital assets
with an approximate total value of $100,000.00.2 Husband
has been taking medication on and off for depression
since 1986.
Wife is 52 years of age and is employed as a secretary
with the Department of Transportation, Commonwealth of
Pennsylvania. Her annual gross income is around
$28,000.00 per year. She worked for the Commonwealth
of Pennsylvania during a portion of the time that the
parties were married and living together. Wife is
vested in the retirement system with the Commonwealth of
Pennsylvania.
The needs of the parties are met through their income
supplemented by assets received in the distribution of
the marital interests and assets and from nonmarital
interests.
4. Neither party has contributed to the education, training,
or increased earning power of the other party.
5. The opportunity of each party for future acquisition of
captial assets and income is through earnings and with
respect to husband through his interest in the B.R.
Williams Heirs partnership.
2. This figure was stated by Plaintiff's attorney at the
conference on February 26, 1997, as the estimated value of
his client's nonmarital interests.
10
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6. The sources of income of both parties is through earnings
from employment. Any medical, retirement, insurance,
or other benefits would likewise be derived from
employment.
7. Both parties contributed to the acquisition of marital
assets and both parties have made contributions toward
the preservation of the marital assets as their resources
and skills allowed. Husband contributed some nonmarital
assets derived from his family for the benefit of the
marriage and which were contributed throughout the course
of the marriage and used to supplement marital funds.
8. Aside from the property which will be set apart to each
of the parties by way of the equitable distribution, wife
will have her interest in her retirement plan with the
Commonwealth of Pennsylvania and husband will have his
nonmarital assets including his 401(k), retirement, and
interest in the partnership, all of which will most
likely increase in value, with a total value now of
around $100,000.00.
9. The standard of living of the parties established
during the marriage was middle-class.
10. The economic circumstances of the parties presently are
not significantly different inasmuch as both parties are
living on their incomes and do not have at the present
time sufficient income to substantially increase their
capital assets. Wife's income is around $2,500.00 per
year less than husband's income and she has had her
income supplemented by the receipt of spousal support
in the amount of $86.30 every two weeks.
The Master has not considered any tax ramifications with
respect to the division of property herein.
11. Neither party is serving as the custodian of any
dependent minor children.
DISCUSSION
EQUITABLE DISTRIBUTION
Based on the stipulations of the parties, the facts
found by the Master, and the analysis of the factors under
11
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section 3502(a) of the Domestic Relations Code, the Master
believes that the marital assets should be distribution 55' to
wife and 45' to husband.
The Master has considered the difference in income
especially taking into account the fact that wife's spousal
support will terminate. Further, wife's pension benefits at the
time of retirement at age 65, after the refund of contributions
plus interest have been withdrawn, will be around $219.00
monthly. Even if wife did not take a refund of contributions
plus interest, her monthly pension benefit at age 65 would be
$390.00. This is not a substantial amount of money for wife to
live on even with the addition of social security and,
therefore, the Master is of the opinion that the assets received
by wife in this distribution can be utilized by her toward
planning for and supplementing her retirement.
Husband, on the other hand, does have nonmarital
asset interests which will continue to accrue to his benefit.
He also has the benefit of having the opportunity to share
living expenses with a friend who has put a substantial amount
of money into a home which the parties are sharing and from
which husband derives a significant benefit. Wife is totally
dependent on her own resources for her support and maintenance.
The total value of the marital assets and marital
interests is $167,497.40. Applying a 55/45 distribution,
husband is entitled to receive assets having a value of
12
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$75,373.83 and wife is entitled to receive assets having a value
of $92,123.57.
MARITAL ASSETS AND VALUES ASSIGNED TO HUSBAND
Fidelity Magellan IRA
Ohio State Life Insurance
cash value
$ 10,133.00
Advest Investment IRA
$ 981. 00
$ 32,014.00
$ 3,143.00
PNC checking account
Marital interest in B.R.
Williams Heirs
TOTAL
$ 12,995.40
$ 16.107.43
$ 75,373.83
Cash in escrow account
MARITAL ASSETS AND VALUES ASSIGNED TO WIFE
Fidelity Magellan IRA $ 8,033.00
Wife's Commonwealth of
Pennsylvania pension $ 24,851. 00
Cash in escrow account $ 59.239.57
TOTAL $ 92,123.57
Any interest earned on the escrow account from the
date of the value used in these proceedings shall be distributed
55\ to wife and 45\ to husband.
Although the Master has made no findings with
respect to tangible personal property, the Master did note that
attached to husband's valuation and distribution of assets
13
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summary was a schedule of personal property which husband
requested he be entitled to receive from the marital home
(Exhibit A). The Master directs that husband be entitled to
receive one set of the children's photographs and any items on
that exhibit which were either given to husband or the parties
by husband's family.
The parties will sign all titles and documents
necessary to transfer ownership of assets assigned to each of
the parties herein as provided in the distribution of assets set
forth above.
All transfers and distribution of assets as
provided herein shall occur within thirty (30) days of a final
order in these proceedings.
ANALYSIS OF THE FACTORS
AS SET FORTH IN SECTION 3701(b)
OF THE DOMESTIC RELATIONS CODE
When the factors of the section 3502(a) analysis
overlap with the factors in a section 3701(b) analysis, the
analysis under Section 3502(a) is incorporated herein.
Additional factors to be considered in the section 3701(b)
analysis in determining the nature, amount, duration, and manner
of payment of alimony are as follows:
4. Wife has received an inheritance from her mother's
estate. Husband received inheritances during the
course of the marriage which were discussed and accounted
for in these proceedings in determining marital and
14
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nonmarial interests. Any expectancies or inheritances
of either of the parties is not otherwise considered
as being too speculative.
11. Neither party brought any substantial assets to the
marriage.
12. Although wife was a housewife and worked during part of
the marriage, no specific contribution has been
considered with respect to wife as a homemaker.
13. The needs of both parties are met through their
respective employment and incomes.
14. Marital misconduct by either of the parties has not been
considered by the Master.
15. No tax ramifications of an alimony award have been
considered by the Master.
16. Wife has sufficient property based on the assets which
she has obtained since separation, her distribution of
assets herein, and her earnings to provide for her
reasonable needs.
17. Wife is capable of self-support through employment.
DISCUSSION
ALIMONY
Based on the findings of fact and the analysis of
the factors under section 3701(b) of the Domestic Relations
Code, the Master does not believe that alimony is necessary for
wife's continued maintenance and support.
The threshold which must be passed in order to
recommend alimony is that the Court must determine that alimony
is necessary. Under the circumstances of this case, as
discussed in the findings of fact and analysis of the factors,
and considering the distribution of assets that wife is
15
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receiving herein, the Master does not believe that alimony is
necessary and further believes that she is capable of supporting
herself through the sources of income and utilization of assets
available to her.
RECOMMENDATION
ALIMONY
Wife's claim for alimony is denied.
DISCUSSION
COUNSEL FEES AND EXPENSES
Wife has raised a claim for counsel fees and
expenses and has previously paid to counsel $6,000.00 and owes
present counsel in excess of $30,000.00. Some of the costs in
these proceedings for the appraisal have been taken from the
escrow account and, therefore, borne by both partiee.
Using a guideline of need of wife and the ability to pay by
husband, the Master does not believe that an award of counsel
fees and expenses is warranted. Wife has sufficient assets from
her distribution to make arrangements for payment of her counsel
fees; husband, on the other hand, has had to incur his own fees
and does not have the ability to pay on account of wife's fees
considering his income and asset situation. Arguably even if
16
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,....
STEWART VS. STEWART
REMARKS AT THE END OF HEARING ON
MONDAY, DECEMBER 23, 1996
THE MASTER: I'll ask counsel then to get baok to
me within two weeks and we will try to have a conference with
your sheets and your valuations. If you can before t.hat,
provide a copy of the statement of her income, and if you know
the results of the test, I would also like that to be shared
with us.
MR. SMIGEL: Sure.
MR. ANDES: Do you t'est?
MR. SMIGEL: Yes.
MR. ANDES: When we consider the matter of marital
conduct or misconduct, I want to consider, with my client, the
possibility of rebuttal.
THE MASTER: Oh, certainly.
MR. ANDES: okay.
THE MASTER: I understand that. I mean, I haven't
decided yet what I am going to do on that and I want to disouss
that with the two of you when you come in with your summaries
and we will talk about that.
MR. ANDES: Fine.
THE MASTER: I don't think we need to got into that
and get all worked up here right now.
MR. ANDES: okay.
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 Nol1h Hanover Streel
Carlisle, PA 17013
(717) 240,6535
I. Robert lUcker, II
Divorce Master
Trecl .10 Colver
OIll<:e MenegerlReponel
Wel' Ihore
697-0371 Ext, 6535
January 18, 1996
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. BOK 168
Lemoyne, PA 17043
Ann V. Levin
Attorney at Law
SMIGEL, ANDERSON & SACKS
2917 North Front street
Harrisburg, PA 17110-1223
RE: AleKander H. stewart VS. Nancy S. stewart
No. 94 - 2553
In Divorce
Dear Mr. Andes and Ms. Levin:
By order of Court of President Judge Harold E. Sheely
dated January 5, 1996, the full-time Master has been appointed
in the above referenced divorce proceedings.
A divorce complaint was filed on May 12, 1994, raising
grounds for divorce of irretrievable breakdown of the marriage.
No economic claims were raised in the complaint.
On May 18, 1995, the Defendant filed an answer and
counterclaim in response to the complaint. The counterclaim
raised the economic issues of equitable distribution, alimony,
alimony pendente lite, and counsel fees and eKpenses.
I assume that grounds for divorce are not at issue.
Based on that assumption, I am directing each counsel in
accordance with P.R.C.P. 1920.33(b) to file a pre-trial
statement on or before Monday, February 12, 1996. upon receipt
of the pre-trial statements I will immediately schedule a
vs.
IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 94 - 2553
ALEXANDER H. STEWART,
plaintiff
NANCY S. STEWART,
Defendant III DIVORCE
REI Pre-Hearing Conference Memorandum
DATE: Monday, May 6, 1996
Present for the Plaintiff, Alexander H. Stewart,
was attorney Samuel L. Andes, and present for the Defendant,
Nancy S. Stewart, was attorney Ann V. Levin and attorney LeRoy
smigel. Attorney Levin is an associate with Mr. smigel's
office.
A divorce complaint was filed on May 12, 1994,
raising grounds for divorce of irretrievable breakdown of the
marriage. No economic were raised in the complaint. On May
18, 1995, the Defendant filed an answer and counterclaim. In
the counterclaim the Defendant raised the economic claims of
equitable distribution, alimony, alimony pendente lite, and
counsel fees and expenses. An affidavit under Section 3301(d)
was filed by the Plaintiff on February 16, 1996, averring that
the parties separated on or about January 29, 1994, a period of
at least two years. On March 14, 1996, the Defendant filed a
counter-affidavit indicating that she did not oppose the entry
of a decree but wished to claim economic relief. The economic
claims had been previOUSly raised on the Defendant's behalf in
the action.
Counsel are going to determine whether they are
going to file affidavits of consent under Section 3301(c) or let
the divorce proceed under Section 3301(d) based on the filed
affidavit averring separation in excess of two years.
with respect to the alimony claim, wife's counsel
is not certain as to whether or not she will raise any issues
with respect to marital misconduct as that factor relates to the
alimony claim. Counsel are directed to advise the Master and
opposing counsel within two (2) weeks of today's date whether
marital misconduct is going to be an issue and if it is, the
hearing scheduled in this case will be devoted to taking
testimony on the marital misconduct issue. Counsel are directed
to provide a list of witnesses who will be testifying on that
issue within a month of the date of the hearing. The list of
witnesses will be provided by each counsel to opposing counsel.
Mr. Andes has requested that Mr. smigel provide a statement
generally of what misconduct is going to be alleged so Mr. Andes
will have an opportunity to direct hip response to the
allegations to be made by Defendant. ouch statement should be
provided within the two (2) week time frame if Mr. smigel and
Ms. Levin decide to proceed on the issue of marital misconduct.
Husband is 54 years of age and resides at 2826
Merion Road, Camp Hill, pennsylvania, with his mother. He is a
college graduate and presently is employed as a new car
salesperson with Freysinger pontiac. His gross annual income
was reported at $28,411.00. He has additional income from
dividends of around $2,600.00 annually. He reported net income
for 1995 of $23,672.00. Husband is currently covered under
wife's hospital/medical insurance plan through her employment.
Upon the entry of a divorce decree he will be entitled to COBRA
benefits and Mr. Smigel is requested to provide to Mr. Andes the
cost of those benefits. Also Mr. Andes is going to inquire of
his client as to whether or not benefits are available through
husband's employment at Freysinger Pontiac and the cost of those
benefits. Husband has not raised any health issues.
Wife is 51 years of age and resides at 2007
Daybreak circle, Harrisburg, Pennsylvania, where she lives
alone. She attended Shippensburg University and was working
toward a degree in elementary education but did not attain a
degree, having married and devoted her time to the raising of
the children. However, she is employed at the Commonwealth of
Pennsylvania currently as a secretary for the Bureau of
Environmental Quality. Mr. Andes believes that she has worked
continuously [or the commonwealth for ten years although Mr.
smigel believes there may have been a break in employment. Mr.
smigel is going to obtain the employment history of wife with
respect to her employment with the commonwealth. Wife is
currently receiving $89.00 per month as spousal support from
husband through the cumberland county Domestic Relations Office.
She has not raised any health issues.
Wife is a participant in a pension with the
commonwealth of Pennsylvania and counsel are going to have that
pension valued. Mr. Smigel will share the information regarding
her employment history and any information needed for the
valuation of the pension to Mr. Andes within two (2) weeks.
The parties sold their marital home in Indiana,
Pennsylvania, and currently the proceeds from the sale of that
home are escrowed with Commerce Bank and they total around
$80,000.00. From the original proceeds, which at one point
were around $88,000.00, counsel and the parties agreed to
withdraw $5,000.00 for each party from the fund. The monies
were withdrawn without any prejudice to either party in terms of
the final percentage of equitable distribution.
Husband is a partner in a partnership known as B.R.
williams Heirs. 11.1\ of the partnership is designated as
husband's interest and we have agreed that 2.77\ of the total
value of the partnership is marital, and for purposes of
equitable distribution an 8.33\ interest is the portion to be
designated as marital representing an increase in value of that
interest from 1987 to 1994. A major difficulty that counsel are
experiencing is trying to value the respective percentages in
the partnership representing marital interests and Mr. Andes has
provided an appraisal and Mr. smigel has deposed an accountant;
however, there is a question as to whether or not the
information currently available is representative of the true
value of the marital interest. Therefore, Mr. smigel and Mr.
Andes can attempt to arrive at some method in trying to value
the partnership value and that may be through an appraisal of
the property or as Mr. Smigel has suggested (he has arranged for
a valuation of the income producing parts of the partnership)
using an income approach. In any event, counsel are going to
have to be prepared either to present evidence on the value or
come to some stipulated amount representing value; otherwise,
the Master will be left with guesswork, which is not appropriate
for the Master to make a valuation for purposes of the equitable
distribution. Counsel are to advise each other about any
reports and experts thirty (30) days prior to the hearing to be
scheduled.
The Ohio state life insurance policy listed on the
pre-trial statement has been valued at $422.00 for marital
purposes. Counsel should determine whether or not they have
sufficient information on that value to stipulate that $422.00
or some other number which they developed is the marital value.
Husband had a checking account at PNC and counsel
for wife has listed the value of that account at $2,685.00 at
time of separation. Mr. Andes has inquired as to whether or not
wife also had a Checking account at time of separation and
counsel for wife is going to determine if she did have an
account and if so what the balance of that account was.
Husband has an IRA with Advest and Fidelity Mutual.
Wife cashed in her IRA with Fidelity Mutual and Vanguard Mutual.
Counsel should provide current statements or Closing statements
for those IRA accounts to be used for the hearing for the
purposes of distribution.
with respect to the National Bank of the
commonwealth account Mr. Andes indicated that he believes that
fund was combined into the Advest IRA.
Husband has listed on his nonmarital schedule in
his pre-trial statement an Advest account, subtitled as cash
account, money market account, and priced securities account.
Mr. smigel has indicated that he is not prepared to agree that
the accounts are nonmarital. Likewise, husband has listed 202
shares of stock in Westinghouse Electric corporation as
nonmarital. Mr. smigel needs to further review whether or not
he can agree with the characterization of that stock as
nonmarital.
Listed on Mr. Andes pre-trial statement under the
nonmarital schedule is a Vanguard mutual fund - Prime portfolio
fund and Equity Income fund. Those funds were in wife's name
and may be nonmarital; however, Mr. Andes has requested
information from wife's counsel showing how the funds were
acquired and the current status of the funds. with respect to
wife's Advest stock account, there is no dispute that that fund
was nonmarital, was wife's fund, and that she used the proceeds
from that fund for personal expenses. counsel for wife is
requested to provide what was in the account at the time it was
liquidated.
Mr. smigel lists on his pre-trial statement,
marital property, a certificate of deposit with no specific
information about the certificate of deposit as to the bank
involved but does show a value of $6,346.00 as of April 12,
1994. Mr. Andes has requested information and verification of
the existence of the certificate of deposit as he is not aware
apparently of the certificate of deposit since he has not
included that in his statement of assets.
The parties distributed the household tangible
personal property and no values are going to be used for
purposes of distribution.
Wife has a 1988 Nissan Stanza automobile and
husband has a 1987 Nissan Stanza automobile. If counsel want to
include values for purposes of distribution, they can have the
vehicles appraised.
The parties are the natural parents of two
emancipated sons.
.
.
THE MASTER: Today is Monday, December 23,
1996. This is a second day for a Master's hearing in the
above referenced case. Present in the hearing room are the
Plaintiff, Alexander H. Stewsrt, and his counsel Samuel L.
Andes, and the Defendant, Nancy S. Stewart, and her counsel
LeRoy smigel and Ann Levin.
At the hearing on September 5, 1996, the Master
put on the record comments prior to the hearing and comments
after the hearing and those comments were transcribed and
provided to counsel and the parties.
The Master understands that the grounds for
divorce are going to be irretrievable breakdown of the
marriage and counsel are going use the 3301(d) section to
conclude the divorce. No affidavits of consent have been
filed.
The economic issues remaining are equitable
distribution, alimony, and counsel fees and expenses.
The parties, along with counsel, have attempted
this morning to arrive at certain stipulations regarding
identification of assets and values of assets and Mr. Andes
has indicated that he is going to place those stipulations
on the record after which we will begin with the testimony
of the Plaintiff. Mr. Andes.
MR. ANDES: We have stipulated to five or
perhaps six things.
.
1. We have stipulated that the cash in an escrow account
which represents the proceeds from tho sale of the
marital residence, after the parties made certain
withdrawals to which they had both mutually agreed is
$75,347.00.
2. We have agreed that Mr. stewart's individual
retirement account with Fidelity Magellan is worth
$10,133.00.
3. We have agreed that Mrs. stewart's individual
retirement account with Fidelity Magellan is worth
$8,033.00.
4. We have agreed that Mr. stewart owns a policy of
life insurance with Ohio state Life Insurance
which has a cash value of $981.00.
5. We have agreed that Mr. stewart's individual
retirement account with Advest Investments has a
value of $32,014.00.
6. We have agreed that the parties have divided
their automobiles and we are not going to have
testimony or contention about values.
7. We stipulate that the date of marriage was August 29,
1964.
8. We have stipulated that we will admit into the record
the report of Harry Leister on Mrs. stewart's
Pennsylvania Employees' Retirement system pension.
That gives different values and we will have to have
some testimony about that.
(Whereupon, Joint Exhibit No. 1 was marked
for identification.)
9. We have also stipulated that the appraisals of real
estate owned by B.R. William Heirs done by Rod Green
of Good News Reality in Indiana, Pennsylvania will be
admitted into the record.
(Whereupon, Joint Exhibit No. 2 was marked
for identification.)
10. Husband purchased during the marriage 2.77' of the
total ownership interest in B.R. Williams Heirs.
Counsel both agree that that 2.77' share is marital
.
property and has been since he purchased it.
11. We also stipulate that husband's 8.33' interest he
inherited trom Margaret Williams in 1987 is not
marital property but the increase in value is.
12. We have agreed that in addition to the properties
appraised by Mr. Green as shown on Joint Exhibit No.
2 as being owned by the partnership in 1987 that
there were two other properties which the partnership
owned. There was a service station at 518
Philadelphia street in Indiana, Pennsylvania, which
had a value of $64,000.00 in 1987, and a tract ot
land containing 104.36 acres in Pine Township,
Indiana, Pennsylvania, which had a value in 1987 of
$40,000.00. We would like those to be added to the
appraised value established by Mr. Green for the real
estate owned by B.R. Williams Heirs to arrive at the
total value of B.R. Williams Heirs when my client
inherited his 8.33\ interest.
'.
ALEXANDER H. STEWART,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 94 - 2553
NANCY S. STEWART,
Defendant
IN DIVORCE
REMARKS OF MASTER PRIOR TO HEARING
Today is Thursday, September 5, 1996. This is
the date set for a Master's hearing. Present is the Plaintiff,
Alexander H. stewart and his counsel Samuel L. Andes, and the
Defendant, Nancy S. Stewart and her counsel Leroy smigel and Ann
Levin.
This action was initiated with the divorce
complaint being filed on May 12, 1994, raising grounds for
divorce of irretrievable breakdown of the marriage. An
affidavit under section 3301(d) was filed by the Plaintiff on
February 16, 1996, averring that the parties separated on or
about January 29, 1994, a period of at least two years.
The Master understands that the parties are going
to proceed to conclude the divorce under section 3301(d)
inasmuch as no affidavits of consent have been filed under
section 3301(c) of the Domestic Relations Code.
The economic issues raised by the Defendant in a
counterclaim are equitable distribution, alimony, alimony
pendente lite, and counsel fees and expenses.
Prior to beginning the hearing this morning,
counsel and the Master have had a discussion regarding the issue
of whether or not we are able to proceed because certain
evidence is not available today and certain material allegedly
has been provided to counsel for Defendant immediately prior to
the hearing, and he claims he has not had sufficient opportunity
to review the material. The issue regarding evidence that is
not available involves the request by the Defendant to have a
real estate appraisal of the property involved in a partnership
known as B & R Williams Heirs. The appraiser apparently has not
been able to have his work co~pleted by today's date, although
counsel may have come to tenative agreement regarding the
payment of the fees of the appraiser.
Mr. Andes has a valuation of the partnership
provided by an accountant with certain data which has resulted
in an opinion as to value. Mr. Smigel has an accountant who has
disputed the methodology used by the accountant for the
Plaintiff.
The MasteL' is going to hear the testimony of both
accountants regarding the method used to obtain a value for the
partnership and then will make a decision as to whether or not
we need to proceed with the real estate appraisal. Also, the
Master is going to allow both counsel an opportunity on the
record to make any objections they want to make regarding
evidence that is not available and has been provided through
documents. Each counsel can present his point of view regarding
the need to have additional time or not have additional time to
proceed with this caoe.
The Master has been advised that aside from the
valuation of the partnership and some dispute about some assets
as marital or non-marital, most of the other assets are
identified, and perhaps the value of those assets can be
stipulated to, but the Master, however, has not been apprised as
to whether or not counsel have come to any agreement with
respect to the assets not in dispute which have been identified,
and the value of those assets. In any event, the Master would
suggest that counsel attempt to arrive at some stipulation as to
non-disputed assets.
Mr. Smigel has requested that he be given
additional time to have the appraisal completed and review the
material which he claims Mr. Andes provided to him this morning,
which involves certain accounts of the parties. Mr. Andes'
opinion, on the contrary, is that Mr. Smigel has had an
opportunity to review the documents previously, and has had them
previously.
The Master is going to allow each counsel,
without interruption, to present the current status of the case
and make appropriate requests to the Master as to whether or not
we are in a position to proceed or not to proceed today.
The Master will make a final decision after
hearing the testimony of the two accountants, which will be at
1:00 p.m. today.
REMARKS OF MASTER FOLLO\~ING TESTIMONY OF ACCOUNTANTS
I have concern as I have concern in other cases
that counsel and the parties come in and have last minute kinds
of discovery and documents that haven't been reviewed or reports
that haven't been prepared. I am not going to comment nor do I
really have an opinion as to why this case has developed to this
point today where we have reports that aren't complete or
whether or not Mr. Smigel has had certain documents prior to
today. I don't know all of the facts as to the discovery that's
been going on, requested and provided here.
I do note that Mr. Sheridan was recently employed
to review a report from Mr. Wire done in May of 1995. I can
only assume that the reason it took so long to make any contact
with another professional was, perhaps, and this is simply an
assumption on my part, that there weren't any financial means to
go forward on behalf of the Defendant. I don't know why it took
so long to get Mr. Wire's report reviewed. However, my primary
concern at this point is to go beyond the dispute that the
attorneys have regarding those discovery issues and be more
concerned about protecting the interest of the parties. I think
that I have to give the parties an oppourtunity to properly
value this asset.
I have to say that I don't think that Mr. Wire's
approach was convincing to me, and if the Plaintiff went ahead
today and simply provided that approach, I am not sure that I
would have been convinced that I should utilize those numbers in
establishing a value for this asset.
I am also concerned, however, that a real estate
appraisal may be later on objected to because we didn't have an
oil or mineral expert or coal expert or timber expert. At some
point, however, the parties are going to have to get control of
the situation and say, "We can only go so far. We are only
going to spend so much money." I~e can spend more money than the
partnership value is worth, and I am concerned about that also.
It is not productive financially to spend money to value an
asset when you spend all of your money valuing the asset. But I
do think that because this partnership is a real estate
partnership, essentially, although there have been some
notations about some cash assets, nevertheless, the primary
funding of this partnership is real estate, and the real estate
needs to be appraised.
I think that we need to go to the real estate
approach, and I am, as I said, of the opinion that although
Mr. Wire is a very fine professional person and C.P.A., but by
his own admission, this is not an opinion based on the value of
the real estate utilizing an appraisal, it is simply his best
available opinion based on estimates that he has obtained from
other people and using his factor which he has arrived at in
disussion with other experts.
I realize that there is a problem with the cost.
I do not have the authority to direct that moneys be withdrawn
from an escrow account. I am recommending that the moneys be
taken from the escrow account to fund the costs of a real estate
appraisal. And if the parties can't agree to do that, then
counsel can file a petition with the court, let the Court decide
whether or not any of the funds from the escrow account are to
be utilized.
My recommendation, however, does not include a
recommendation to go out and hire timber experts and oil experts
and coal experts. That's something beyond what I am suggesting
counsel need to do. After the real estate has been appraised, I
would expect that counsel utilize some discretion here in trying
to use those vaulues without getting into more expert opinions
in order to cut the costs and to try to come to some reasonable
adjustment with what the partnership is worth.
COMMONWEALTH OF PA - EMPLOYE STATEMENT ..... .u.. ..w .. .... 18 "'to
GROll URN I NGl 1,041.71 1,041.75
PAY lIIIDO INOINGI 12-11-" IlY DAII' 01-12-t! HINUI DIDUCIIONl
YI', ',010311??oo Dill' 001 CDC, 01100 110 HIH II H 00 111.40 111.40
IOC IIC II , . 3 DOOO'4 ".It ",It
I",', OUlI4 POll, 3J41l1 IIN, IU-II-IlIl lOC IIC/HID lX 1.45~ 15.11 15.11
IIU, II PAY UMGI, 04 "", 14 lIYIl' 00 lUll MIH II PA 3 .1 DOOO'4 31.11 n.1I
IUNSPORTAl/ON OPIRAIIONI RIYIIH IOC He lX-RII PA 31 131 I . 00000'I 10.42 10.42
UNIMP COIlP II IOJ~ .11 .11
RIl rtu CON lUll IHP 5 . 00000'I n.ol U.ut
UN DUll AFlCHI - II 3U1 15.61 15.61
110 HIH II-ADO 14.00 14.00
SAV 10NDI 5.00 5,00
NANCY 5 STEWART
107. LANCASTER BLVD, APT._6
MECHANICS6URG PA 17055
NIT IUNINGl, U4.01
ITATI PAID IINlflll PIUI REIHIURIEHENIl
HULIH 11N1f11l NIIIIRN IIUI CROll
LIfE INlUUNCE
-US COllI
lOCIAL lECtJRIlY
HEDICARE
.tcfltl.E"thl 'IAlt t"~LU't' Htl ,y,
III I ""n I'OY' rnNlINU' II FilII YII U',
PAID LEAVE llAIEHENI lOTAL DIR[CT D[PDlIT AMOUNT I U4.01
lnVICI CR[DIT, 13 YR OPP
"IIID lEAVE USAGE R[IDUm HOURI PPEIID IREAKDOHM CROll EARN HOlIIl UIE CII011
12-15-11 ANNUlI 31,00 12-11-" RIG SlI 75.00 13.11 1,041.75
11-15-11 pnlONAL 1,50
lOlAL GROSI EARNINGl THII PAY I 1.OU. "
LlAVI ACTIVITY ANNU.L "IX PIRIOlIAI IEMleRlTV INfORMATION
IALANCE IAIT ITAT[N[NT 41.10 111.01 G[N[RIl NONIUPY 1,IT4 CR[DII DAVI
ACCRUIL THII PP 4,11 1,15
LV R[PORIED IHII PP 23.00 .00 VID 30.00 [HP NIIIIARY DIYI o CR[OIT OAYS
ADJUnNEMn .00 .00 CR[DIT OATE 12-11-"
.ILANCE THII ITHT n.n 314.7'
ACCRUIl RilE' AMNUAl. '.7 I 5IIX 5.001
HUUGE CEMIIR' lOCAL NICE II. COUNIY/MUMICIPIIIIV, CUHIERIAND CDUNIY UPPER IIL[M INP.
fMI I AX GROll' '".16
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S~IlOl~r.. ANrn:IIHON & SAGleS
ATTORNEYS AT LAW
UllJ~ln ~. S_CI'.!;
2017 Nauru rnONT STnr:r.T
HARRISDURG, PENNSY~VANIA 17110,1223
(7'71 ZJ4,~.IOI
r~l( 1117) 23"'3011
L.t IfO't SMIGEL
C He ANO[n~r:m
rll.[tIO
4295-1-4
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JO~r:pu u. O....""ltO
AWl 'I L[VIN
January 16, 1997
Samuel L. Andes, Esquire
525 North Twelfth Street
Lemoyne, PA 17043
Re: Stewart
Dear Sam:
Enclosed please find a pay statement for Nancy Stewart dated
January 12, 1996. The pay statement enclosed matches the income
and deductions set forth on the Income and Expense statement
submitted by Nancy Stewart at the Master's hearing.
The secona item enclosed is a year-end pay stub for 1996.
I have enclosed a stipulation of Parties and Counsel. After
completing Plaintiff's information in paragraph 0, please obtain
Alex's signature, sign where indicated and return to me for my
client's signature. I will then return a copy to you and forward
the origil')al to the Master.
Also enclosed for your files is a copy of the stewart Escrow
Account statement dated December 31, 1996.
Finally, enclosed is correspondence from Nancy's physi~ian
regarding the results of her most recent mammogram.
By copy of this letter to the Master, with enclosures, we
are complying with his request for this information as well.
We have not yet received your revised listing of the assets
which was due January 6, 1997. It would be appreciated if that
is forwarded as soon as possible as we would like to resolve this
matter.
Very truly yours,
(
, -
Anh,.'-t',J\ L~vi~ "- '
AVL:kld
Encl.
cc: E. Robert Elicker, II (w/encl.)
Nancy S. stewart
ASSETS OF PARTIES
Defendant marks on the list below those items applicable to the
case at bar and itemizes the assets on the following page.. If an
item has been appraised, a copy of the appraisal report is attached.
( )
(X)
(X)
(X)
(X)
(X)
( )
( )
(X)
( )
( )
( )
( )
( )
(X)
( )
( )
(X)
(X)
( )
( )
( )
( )
( )
( )
(X)
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
Real property
Motor vehicles
stocks, bonds, securities and option.
Certificates of deposit
CheCking accounts, cash
Savings accounts, money market and savings certificate.
Contents of safe deposit boxes
Trusts
Life Insurance policies (indicate face value and current
beneficiaries
Annuities
Gifts
Inheritances
Patents, copyrights, inventions, royalties
Personal property outside the ho.e
Businesses (list all owners, including percentage of
ownerShip, and Officer/director positions held by a party
with company.)
Employaent termination benefits - severance pay, workman's
compensation claim/award
Profit Sharing plans
Pension plans (indicate employee contribution and date plan
vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation clai.s (matured and unaatured)
Military/V.A. benefit.
Education benefit.
Debts due, including loans, mortgages held
Household furniShings and personalty (include ae a total
category and attach itemized list if distribution of such
assets is in dispute
Other
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Com' j M. Siegel, Inc.
Actuaries/Benefits
If,1-V5-./- L (
500 NlIlinnwidc Drive
P. O. JInx 5900
Hnrri,hurg, PA 17110,5900
(717) 652.5633
FlIx (717) 5,IO,\1I0r.
June 12, 1996
II,,,, M. lel.lCr, Jr., P.S.A.
1Ir1," 5, Sann. f.S,A.
CI,de E. Oin~fkh. r.s.A,
Rubert J. Dulan, A,S,A.
D"id F, Slirll"I, A,S,A.
Ruhert I. M..,ik. f,S,A.
D...id II, KiIIi,k. P,S,A.
Idl"y S, Myers. F.S,A,
Thum.. l. Zlmmerm..,. P.S.A,
01,"" A. lIaler. P.S,A.
Piylll S. OounOlllleke. f,S,A.
P'llI\k S. RhooCl. P.S,A" A.C.A,S,
Ch",l" D. ",Iedlandcr. A,S,A,
11011, A. ROll. f.S,A,
Enrolled AtlUlflu (ERISA)
Conrod M. SieGel. F.S,A.
E",I l. Mummerl. E.A.
Ke,ln A. Erb, A.S.A.
lIuhll Atluulu
Ann V, Levin, Esq.
Smigel, Anderson & Sacks
2917 N, Front Street
Harrisburg, PA 17110-1223
RE: Nancy S. Stewart
Dear Ms. Levin:
You provided me with the following information concerning Nancy S. Stewart:
1. Date of birth - July I, 1944.
2. Date married - May 9, 1964.
3. Date separated - December 31, 1993.
4. A statem~nt as of December 31, 1993, prepared by the State Employes' Retirement
System (SERS) showing the following information for Ms. Stewart:
a. Years of service - 11.15.
b. Accumulated contributions plus interest - $12,676.
c. If Ms. Stewart had retired on that date, she could have elected to receive a
monthly full pension of $206.08 or she could have elected to receive a refund of
her accumulated contributions plus interest and a reduced monthly full
peneion of $141.89.
d, Final average salary - $20.986.
Currently, Nancy S. Stewart is 52 years of age (age nearest birthday).
The State Employes' Retirement System is a defined benefit pension plun. The pension
benefit provided upon retirement is bused upon the final three-yeur averuge salary and the
years of sel'Vice. Nuncy S. Stewart hnd completed at leust 10 yoars of service on December 31,
1993, and therefore. she could hnve retired on that date.
If Nuncy S. Stewart continues to work. the benefits enrnedns of Deccmber :ll, 1993. will be
increllscdllctullrinl1~' until her nOrlllllll'etirclIlent IIlJe. Her normulretirelllent age is ngo GO.
You requestodthat I malw calelllalionB fill' reliwlIlf'nl at nges liD lint! Oli,
ID There's no
news like
Ilood news.
REALTOR"
GOOD NEWS
REALTY
f.fill C;lIwr A\'c.
Indiana,I'A Ifl7111
('II:!) .lli:l,\IlHHI
I,HllIl,.Hi7.fjfi 17
"SUMMARY STATEMENT"
STEWART APPRAISALS
C/O SMIGEL, ANDERSON & SACKS
ATTORNEYS AT LAW
SUBJECT PROPERTY 19H7 APPRAISED 199J APPRAISED 1996 APPI~AISED
PROPERTY TYPE VALUE VALlJE VALUE
20 South 5th SI. Commcrcial $51.000 $63.000 $60.000
Indiana Borough Rclail
517 Gompcrs A I'C. Rcsidcnl illl $IH.500 $20.000 $34.000
Indiana Borough
515 Gompcrs Avc. Conllncrcial $IH.OOO $.10.000 $.15.000
Indiana Borough Warehouse
367 Washinglon SI. Residenlial 30.000 $37.000 $40.000
Indiana Borough
722 Granl SI. Resldentilll $42.000 $53.000 $55.000
Indiana Borough
256 & 25R Residential $3H.500 $45.000 $4H.500
Church St, Rental
Indiana Dorough
IJiIl Two Road Vacam $32.000 $.10.000 $.10.000
Easl Mahonin!:! Land
Township HO Acres
Pinc Township Vacal1l Land $5'>.0011 $61.0011 $5.l.50ll
1~~.47 Acres
Plnc Township V al'ant Lllnd $9.250 $lll.250 $1).0110
29 Acres
~~~'T /
,.t Y) I
R. Wm. Wire Assoclales, Poc.
Ccrtifil>d Puhllc ACCllunlanls
M,'ml1t'r IIf t1w AlI1erk.m In,llIlIle III CI'A'I
and the I'l'nn.ylvilllln In,liIuIL' nl CI'A'"
Ralph Wm. Wire, CPA
Larry T, Crown. CPA
Ralph Wm. Wire, Jr., CPA
May 16, 1996
Samucl Andcs, Esq.
Andcs, Vaughn & Bange
626 North 12th Street
Lemuync, Pennsylvania 17043
Dear Mr. Andes:
At the request of Mr. Alex Stewart we have reviewed Bssets Bnd liabilities of'D.R. Williams Heirs, general
partnership'. Our review was made for the purpose of fixing estimated value of Mr. Stewart's Interest In
the partnership at two specific dates. December 31, 1987 and December 31, 1993.
B.R. Williams Heirs is a Pennsylvania general partnership which was formed, primarily, to hold and
manage certain Improved and unimproved real eetate loented in and near Indiana, Penneylvania.
Accordingly, assets of the partnership consist, exclusively, of real property and cash. Liabilities include
only mortgages payable; and, pnrtnershiplncome conslets, primarily, of rental Income Bnd proceeds from
anles of realty, if any.
Although certain royalty earnings are reflected upon Bnnunl pnrtnershill income tax/information returns
<Forms 1066 and P A66), I am advised by Mr. Stewnrt such earnings are included for convenience purposes
only. Total partnership royalties reported over the past five (6) to seven (7) years have averaged
approximately $2,000 per annum and are thus a minor, if not neglibrible, portion of partnership earnings.
Accordingly, we have not considered royalty carnings or related value uf underlying mineral righte in
determining value of Mr. Stewmt's interest in the partnership.
Mr. Stewart acquired his interest in the partnership at upprOldmately December 31, 1987. Allocation of
equity in purtnership ussets at acquisitiun and through the Ill'ceent time may be summarized na follows:
Alexunder H. Stewurt, III
Richurd W. Stewurt
June M. Stewurt
Winifred W, Stewurt
Jane Seyler
11 1/9%
11 1/9%
11 1/9%
33 1/3%
33 1/3%
Tutal
100 %
Bused upon certain documents provided me by Mr. Stewurt, it uppeurs thut property values were fixed on
or ubuut December 31, 1987 in arms.length negotlution botween retiring and continuing partners, At that
date, total agreed vulue tincludlng reul property vulues and partnership caeh net of mortgage obligation)
wus $:189,942. Accordingly, Mr. StewllIt'B interest in such net uesets would huve been $43,327 (I.e.,
$389,942 (ti' 11 1/9%).
PI.AINT1FP8
EXHIBIT
1~S.llllh 1~lhSII'l,,'1 . Camp Illll, I'A 171111 . Tel:717-761-1111n . Fnk:717-761-1~51
q. . <i
L.\CT
. .
B.It. WILLIAMS HEIRS PARTNERSHIP
CAMP HILL. PENNSYLVANIA
SCHEDULE OF ASSETS. LIABILITIES AND EQUITY
ESTIMATED FAIR VALUES
DECEMBER 31. 1993 AND 1987
DECEMBER 31, DECEMBER 31,
1993 11187
CASH (Demand/Bavln.,. Deposits) S 79.368 , 18.lW2
REAL ESTATE.
li18 Philadelphia St. N/A 64,110O
20 S. Fifth St. 78,000 70,110O
li12 Gompel'B Ave, 110,000 ~6,2liO
li16-li18 Gompel'B Ave. 82,000 ~8,250
867 WashlnBton St. ~8,ooo ~7,000
722 Gl'Bnt St. 611,000 ~1I.000
2li6-2li8 Church St. 112,000 111,250
E, Mahnonlng (80 ae.) 40,000 28,050
Pine Twp, (122.47 ae.) 60,000 ~1,1IIIO
Pine Twp. (29 ae.) 11,000 8,000
Pine Twp. (104.86 ee.) N/A ~1I.750
Total Roal Estate 4211.000 m.lDO
MORTGAGE PAYABLE .0- 1120.0001
NET PARTNERSHIP EQUITY 'w.w 'BW
YA:<<lUARU HARKEIlNO
CORPORATJlIII
111l~m3'rmn.~IWl~U:
rOR ACCOUIII SERVICI
CAll TOll rRE!
1-800-661-175'
ALEX H STEWART
2826 MERION ROAD
CAMP HILL PA L7DU
MONty M^ItKlT IltSlIlVtS
PRlllE PORTfOLIO
1989 CALENDAR YEAR-,
WIlEN WRIlINO TO VAlIOUAnO PLEASE ItlCI.UOE YOun
rUNO NAME AlIO ACCOUIlT NUMDER AND MAIL TO:
fill! V~IOUA~D FlUAlC:IAL Cl':Nttlt
',0. 1011 UOO . VALLEY rOflDt.,.. 11411
ACCOUNr NO. 986295641-0
TAX IDENr on soc. SEC. 110. 161-54-0006
CUP Ill" 11lA. IIlAHtACIIOH IKl.lM AHOlItI 1I~1l1 IliAI'll 11111 tOlAl
.... DAII! Of" UI,uts"'CIIDU "'UtI 111AltsAC1101t '1tA-IIU OIoIIfD
OEOINHlNO 8ALANCE 8,000.001 .000
- 9IOS' 9/05 SIIARES PunCIIASEO 1.00 S,ODO.OOO S,OOO.OOO
~n DIlARte V llItl
INCCIC DIYIDltG1 cUIIAl. GAlltI mnnu.n: ... K1J tf YG,I . \NIIUJI .WIlI tI1D " AlD'l' - UIi, ....
REINVEST I RElIMST I &,000,000 I 5,000.000
PAID TIllS CALEHOAR YEAR
lOUI. aIVIOIHO, I 'H':<'" I OIIDIHARV IAU.IU: fUIIlI,., I l[lfQ 'U" CAPitAl
AND OUtER DIStIlIIUIICIfS DIVIDVm' I HalHI! 1IlCllH! OAIH1 DIII.IIUIION
I I I
ALEX If STEHART
2826 MERION ROAD
CAMP ItIlL PA L7DU
'J III\lan3,,~,!tigS.~l,U:
ItlVF.!l1 - IlV -- MM, rUIlM
MONty M^RKLT RtStlIVtS
PRllle PORTFOLIO
USE OltLY FOR VMMR PRIME
LIST EACH CHECK SEPARATELY
AND MAKE PAYABLE TO. \
VMMR
PRIME PORTFOLIO
AMOUllT
TAX IDEIII. on sac SEe 110. 161-54-0006 'It''' C1l(ac to,
DrOll AOOllIII C11ANl]f
ACCOUUf NO 986295641-0 AUD IfOll COIIIl!CflDtIS
on .('.'USI SID!
TIlE VAtlOUARD OROUP
PO nox 7800
PtlllADELPHIA PA 19101-9892
TorAl AMourn
3D
D'l6b2'l3bll1D
3D
DDU2b3
UUDDU DODD IU, 'j
'l'l'lbU U37 NA '^
Investmen t.L\ccountStaten Ie/I t/Jxr~HDAR YEAIl
3
'J IILVan311~"''''''Jl{)II1'
tl'~~~~,...
ALEX II STEWART
2826 MERION ROAD
CAMP IIILL PA 17011-2123
PAU Of ACCOUNT SUMMAPY
NOVEMBER 30, t99t J
SIIARUOWtnO 19, 7~3. 390
SIIAIlEPRlCE . 1. 00
ACCOUH'VAIUE . 19, 7~3. 39
Vanguard
MONty MAnKlI IltStRVtS
Prime Portfolio
,.ltAmunl Ho. 30 Accouul Ho. 0002936410 WI"n WIlling 10 Vangulld, plou. Intlud. YOUI lund ntma
101 Accounl6tfVlu and accouul numb.. tud nlllllo:
Cd'olHllt 1.800-002.2739 lIlE VAIlOUAnO rlllAllelAL eEIIIER
po. OaK 1.00 . VALLEY ronOE PA .1.81.1100
1.4. frlnl.cll.1I Dall" Shill '''" 'hi"
D.I. D'\CII,Il.. ^"Dunl rllu Amtunl Du..
BEGINHINO BALANCE 29,791.320
11106 CK.WRITIHO REDEMP t025 1,000.00 1.00 1,000.000 27,991.320
I1IIt CK.WRIT1NO REDEMP 1020' 0,120.76 1. 00 .8,120.760 19,870.560
tl/t t CK.WRlTII/O RED~MP IOU 1,000.00 1. 00 1,000.000 18,870.560
It II 4 PURCIlASE BY CIlECK 557.23 1.00 557.230 19,1\27.790
tl/21 PURCHASE BY CIlECK 220.80 1.00 220.000 19,61\8.590
tl/30 IHCOME DIVIDEHD REII/VEST 91\.80 1.00 91\.000 19,71\3.390
TIllS STATEMENT REFLECTS YOUR CIlECKWRlTIHG REDEMPTIONS (CWR) FOR TilE MOl/TIt OF HOVEMOER.
CWR TRAHSACTIOHS TillS MOHTH. 3
We are pleased 10 relurn Ihe
check (drans) lhal were paid for
you last monlh, and we would like
10 offer several lips 10 halp you
laka full advantage or our rroe
Cheekwrlllng Bervlee.
\r,;~ I ' 'I, ""l'.t' '~lj] i'ihll!!", 'I~'~\ 'fltllJI~' "'1"1'.'1111 '!'Hro" ,', r- "I
\lrl\.~I,~,~i'~I\~j.1 ;,:~I ':IIJ,' !'i W:'j'l !Iil,l,rj!l,lt l,r~~ { ',I,!; ~r i~I'1 I,' 11:'
i'jl '.flil'~"I' ""1': l'}I',II:'I'~lj; "r,IIt, I,!l 'I' )1111: ; ;\~,I , 'I"~ ,r, i "\,'~ ,:' .
I' ,"'I .llr I I~I il,F,' ~:Ijh~l j"lJ"'~' "rrt . ~" ., I
Vellguerd's Cheekwrlllng Bervlce
Is doslgned 10 provide prompl and
oasy aeeoss 10 your account's
aBsols, Ploase remember thot any
redemption or shares purchased by
check eonnol be mode unlll etloasl
elghl business days aner Ihe dale or
purehnso,
$ 250 minimum per chock.
While Invoslmonts made by chock cannol bo redeemod for alleasl
eight business days, your account Is crodlled ond earnln() dlvl.
dends during Ihls time.
Vour money earns dividends unlll your check clears our custodial
bonk,
Aeeounln cannot bo closed via the Choekwrltln() Bervlee.
Bo sure IIle eorreclnumber or signatures appears on checks as
deslgneted on your oeeounl sl()nature cards.
II you chango the reglstrnllon or your eecounl, your oKlslln()
checks will no lon()er be volld, To oblaln new chocks, ploose coli
Client Services toll.free aI1.8oo.662.2730,
Ul13831t
cw
I~
311
1I'18L.~'136111O
3U
.lnvestmentAccountStatement/ ~mNUAR YEAR
'1IIIV~'IIUII"'ld('Jllllll'
.:) CiTltivt'rMf HrtdMMWS.
YEAR.TO-DATE DECEMBER 31, 1993. PAOE 3 OF 3
VANGUARD FINAtICIAL CENIER
P.O. BOX 2110O' VALLEY FORGE, PA IIMU-HOD
ALEX It STEWART
144 ItAMll TON SlREET
INDIANA PA 15701-2407
ACCOUNT VALUE
.2,673,14
VanguaJd
[QlJIIY INCOME ruNO
fUNO NUMBER 65
ACCOUNT NUMBER 9862936423
STATEMENT NUMBER 2621853
ACCOUNT SERVICE
CALL 1-800,002-2739
Trad. !'.n.~c"...on
Oil. JlttgjQJJ_
03/24
00/23
09/22
12115
12115
12115
12/31
BALANCE AT - DEC 31, 1992
INCOME DIV REIH .14
IHCOME DIV REIN .14
INCOME DIV REIH ,14
IHCOME DIV REIH .10
ST CAP GAIH REIN .02
LT CAP GAIN REIH .50
EHDIHO BALANCE
0011., ~Ittte Sh."
.AmvilI1L-_ frt~_ Amml
12.92
13.67
13.74
14.47
13.55
13.55
13.55
13,66
Shl'..
gml.1I
25.26
25.52
25.78
35,33
3.72
92,97
1,848
1,857
1,782
2.607
.275
6.861
180,461
182.309
184.166
185.948
188.555
188,830
195.691
195.691
'"iD 11111
elUNOIR
yrlR
Incom.
Dlvld.nd.
111,89
or
TIM h.mpl
Intome
Ihort.Term + lon,.Tlrm
O.ln. O.ln.
3.72 92.97
.
TOTAL
DIIlRIIUTIDNI
208.59
THE CURRENT FUllD DISTRIBUTION WAS PAVABLE 011 DECEMBER 20, 1993.
InvestByMail
Fund Ho. 65
Accounl No. 9862936423
ALEX II sn'WART
14II1AMIl.TON STREET
IIIDIAI/A PA 1570l'~I07
~~e~
PLEASE 00 NOT ALTER TIfIS DEPOSIT SLIP.
USE ONLV FOR VANGUARD EaUITY INCOME
I\Inolllll
O Check box, II chenglng vour eddre..,
end note new addr.,,. on feverse side.
UST EACII CIIECK SEPARATELY AI/D
AKE PAVABLE TO;
lifE VANGUARD GROUp. 85
I
-L-
J
I
I
TIlE VANllUARD GROUP
PO BOX 7BOO
PltllADELPIUA PA 19101-9892
PLEASE DE SURE 10 II/CLImE YOUR
ACCOUI/TI/UMUER atlTIIE CIIECK.
Toltl AmOIHlI
~
3.3
111165
11'11162'1361123
311
007025 I~
1111111111111111111111 11111 11111 11111111" 1111111I1111111 ""1111111111111I11111
1P.l~ STAT~~~~ROF A~~H~~~~
PERIOD
ENDING
llnO/91 PAGE
1
7l6-3q89J
161-3Q-D806
ALEX II STEIIART
133 IIA/1ILTON ST
INDIANA PA 15701
-
. PAW!l1T RlBK CAll ItlfAHCE TItE POTltlTUL POR
Hlml!R RETURNS. A SHAll OIPPER!HCE IN
RETURHS TODAY CAN HAKE A BIO OlfPEREHCE IH
lit AT YOU ACCU1ULATI OVl!R TIlt!. YOUR AGVI!ST
ACCOUHT El<!CUTIVE CAN II11P YOU DETlRHIHl
mE U!VI!L OP RlBK ANO RETURN RIGHT POR YOU.
CAlL tlOll TO ASBEBS GOALS AHO REYIeW CURREtIT
1I01.OlHOS.
YOUR ACCOUNT El<!CUTIVI!
!OMARO E HACKEY 71-61
lNOIAlIA, PA 11701
14121 549-5D2S
PIN A II C I A L S U H H A R Y
BROKERAGE ACCOUllT BAlAIICE 8utt1ARY BROKERAGI! ACCOUHT IHCOIt! 8U1tWlY
TYPE
CA811
HARGIII
TOTAL
8110RT
OPEtuHO SAl 11/01/91
.00
.00
.00
.00
CLOSING BAL 11/30/91
.00
.00
.00
.00
TYPE THIS PERIOD YeAR TO DATI
DIVIOEtlDS .00 .00
REPORT. IIlTBREST .00 .00
tlOlI-REP. IIlTlREBT .00 .00
TOU L .00 .00
PORTfOLIO HARKET VALUE'
AGVI!ST BA/I( BALAHCE' PERIOD OPENll1O
.7,386.52 BROKERAGE ACCOUNT EQUITY'
.00 ADVE5T BAli< BALAHCE' PERIOD CLOSllf8
.7,386.11
.00
A C C 0 U II T ACT I V I T Y S U H H A R Y
OPEHlHO BAlANCE
PORTfOLIO PURCHAseS
.00
-S,UG.76
fUlIDS R!CEIVEO
CLOSING BALANCE
.8,UO.76
.00
B R 0 K ERA 8 E ACT I Y I T Y S I II C E YOU R LAS T STATEHEHT
ACCOUNT TRAH9ACTIOII HARKET
DATE TYPE OESCRIPTlDlI QUAIITITY DESCRIPTlOII PRICE AHOUHT
'U/07' CAUII CHECK\ DEPOSIT " .8,110.76 ""
11/07 CASII BOUGIIT 579 . AOYAIITAGE 111011 YIELD BO fUID 7.92 -5,DD1.6S
.SH BEN 1I1T-
R!lNVEST ALL D19TRIBUTlOllS
U/07 CASII SOUDln 200 USf . G CORP 7.50 -1 ,SU. 99
11/07 CAOII BOUOIIT 200 1I!8TIIIOllOUSE BU!CTRIC 17.10 -3,570.09
RETAIN THIS STATEMENT FOR USE IN PREPARING TAX RETIJANS SEE REVERSE SlOE FOR AOOlTIONAI.INFORMATION
InvestmentAccoLlntStalemclll/dmHDAR YEAR
3
THI:.Vanou~r.rIr_rl()/ II'
.:)''II~~,W1\Y''(\.~
ALEX H STEWART
2826 MERIOH ROAD
CAMP HILL PA 17011-2123
PAlE Or- ACCOUNT SUMMARY
NOVEMBER 30, tool ,
SII^nES OWl/EO 19,743.390
SII^nEPnlCE . 1 . 00
^CCIKlJlr V^lUE . 19,743,39
Vanguam
MONEY MARKn RE5ERVE5
Prime rortfollo
Ttll.^ccounl No. 30 ^r.cnIlIlINn. 9662936410 Whon Wllllo. In V.n.lI!1d, pl....lndud. YOI' fund n.mo
lor Account St"l" Ind mounl numb" Ind mill I.:
CI! r.u.r'tl 1.800.962.2739 litE VAllaUAnO FINANCIAL eEIIIEn
r.o. DaM 1100' VALLEY ronOE PA 18482-2100
r" '''.lIell... DolI~1 Ih" "'1111 Sh,..
.,1, ...""Ilto ^,"IlU'" rllu AmlDnt O"nd
BEGINNIHG BALAHCE 29,791. 320
tl105 CK.WRITINO REDEMP 1025 1,000.00 1.00 1,000.000 27,991.320
1 tit I CK.WRITIHO REDEMP 1028 B,I20.76 1.00 0,120,760 19 ,870.560
11/11 CK.WRITINO REDEMP IOU 1,000.00 1.00 1,000.000 10,870.560
t1lt4 PURCHASE BY CHECK 557.23 1.00 557.230 19,427.790
1 t/21 PURCHASE BY ClfECK 220.00 1.00 220.800 19,64B.590
1t/30 IHCOME DIVIDEND REIHVEST 94.80 1.00 94.000 19,743.390
THIS STATEMEHT REFLECTS YOUR CHECKWRITIHO REDEMPTIOHS (CWR) FOR THE MONTH OF NOVEMBER,
CWR TRAHSACTIONS THIS MOHTH. 3
We are pleased 10 return Ihe
check (drafts) Ihal wera paid for
you lasl month, and we would like
10 offer saveral tips 10 help you
lake full advanlage of our frea
Checkwrlllng Service,
Vangusrd's Cheekwrlllng Service
Is deslgnod 10 provldo prompt and
easy aceoss 10 your aeeounl's
assels, Plaaso romembor that any
redomptlon of shares purchaaed by
check eannol be made until at least
elghl business doys after tho dole of
purchsso,
$ 250 minimum per check,
While Investmonts mado by check cannol be radeemod for alloasl
elghl business days, your account Is eredltod and earning divi-
dends during Ihls time.
Your monoy oarns dividends until your chock clears our custodial
bank,
Aceounls cannot be closed via tho Checkwrltlng Sorvleo.
Bo suro tho eorroct numbor 01 slgnaturos appears on checks as
doslgnalod on your account slgnaturo cards.
II you change Ihe reglstrallon 01 your aecounl, your eMlstlng
checks will no longer be valid, To obtain new checks, ploase call
Client Services toll.lree at 1-800-002-2730.
3D
098b293b1fLD
30
ll4383'1
cw
I~
.' .
I~ STATEMENT OF ACCOUNT
718-341183
161.34.0806
4/30/82
A~IXH~M'TIBCRI
I ~NDIANA ~ 1e1~1
O..h Account B.l.nc.
ADVEBT B.nk Balence
Market Velue of PriDed Securiti..
Tot.l Account V.lu.
Iot'2
Ju.t ptld . bIg t.. bJJJ'
Do ~ AnOlr 1t0lr to h." /BOra of lIIl.t you
...., NOIr J. t/lt fl.. to ,,'.n to JOII'Ir tit.
t.. bit. III" ....r. Your ADwsr account
...cutH. c.n /ltlp ra~I... rour t...bl.
Jn~.tllftt. .nd tlt.n .UQgI.f .pproprJ.te fa.
'fUI~"ent ,'I.m.,Jve..
em tDdfr.
IDWAIlD E MACKEV
INDIAHA, PA 111101
71-81
(412)349.3028
y ... <j'
.00
H18,181.80
+3,410.111
+"..1.."
9P.nlnQ I.l.ne. IlrokereQ"
Portfolio Purch....
Portfolio Inco..
Fund. R.e.h.d
Fund. Tr.n.'.rr.d to S.nk
Clo.inl I.l.nc. (Irolllr.,.,
.00
-33.43
+33.43
+89,728.81
-89,728.81
.00
Thia P.riod Vllr to D.t.
Dividend.
R.portebI. Interest
Non-Report.bI8 Interest
Tot.l Div/lnt Inco..
+33,43
,00
,00
+1'.4'
Tr.nlleUon
D.tl DlleripUon
4/02 REIHVST
4/02 REIHVST
4/23 CIIECK
aulnUt,
..
+108.81
.00
.on
HDI.II
l' :If'i, I,' ;-:-11.
. . , .,j'~ ~~-,,' ': ':
DllorillUon
I ADVAHTAGE HIGH YIELD SD FUND
.SH IEN INT.
AT 1170/8HR FRAC SAL . .338
ADVANT~QI HIGH YIELD
.SN IIN INT.
DIPOSIt
Ilcuritl
'.rlllt pr c.
TranlacUon
AlIIOunt
.33.43
+33,43
+S9,728.88
" ~ :.
;,',," .
:' ,(
Qu.nUt,
4llt
I.ourit, D..oription
I ADVANIAGI ItIGH YiElD BD FUND
.011 BEN INT.
larll.t
Prie.
1.1I11
Marll.t Divid.nd
Valu. /coupon
+3.480.88 1.00
..tim.t.d Annu.l
Ineol1e Y1.1d
+404 . 20 11. 8
Tot.l. for Prio'~ I.euriti.. +1.4ID.1I1 +404.10
IONO 'RICII ARI APPROXIIATI AMD Co'l ARI 'RICID Al PAR TO IATURITY. THEY ARI 'RDVIDED AS A
IUIOI TO PORT'OLIO VALUI. WHIRl A PRICI II NoT AV ILAILI .N/A. WILL AP'IAR. CONTACT YOUR
AOYIIT ACCOUNT IXICUTIYI FOR A CURRINT QUOTATION.
.1.1 EHD OF BROKERAGE STATEMEHT ....
/I/:IAIN II/IS :;11I11 MINI I<J/lUSllN 1'/lU'I\t/INlI Ii\X IlUUlIN~; SIT IIEVU/Sf Sf/X rol/ AWI/IUNAI. INlOl/AfIIIlON
. .
f"tfl'''I,I,.,:
"II.'III,II"'hI..I"11
""11 I .. .11" nUIl"1
11111' t 11,.\, :t I'n nr-r."^,11I11111'"
, r."l1yflghll"ftR. RlIlrll~ I nw Mnllnll"Il1"'" 'dlli'l"l': I"'~'I' ",I
t,I'I\, 111111". 11'1'1,,,1111"',1 "I "IlI'h',J I" '1111' "" II,' ".jl"""II"''''
wlltll'll fllllllll,.:.1t11l1J1 :illklll' Lnw f..lllllIlUI'lIl1'lIl
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or Lu^H
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sn II.FMI'NI SI^IFMr:NI
, I ). lilt ~
..
, I I" "Il~' ..,,111-,
GREER I\DS'I'MCI' & SEI'I1.HlENI',
11B OORI1I HI\lN SI'REE'r
GIlI'>>lSDURl.l, P^ 15601
. II,,' ..,
III' "11""11':
11......'.'''...,1'.
Gl\305
;. ii;,iij';j,,';;.iil.;.i';,;', lit"
.__..._...._~----~'-.~ .-------.--- -. -,...-.... ..._-<-
l~. filII r:
11m ('f"" /, IItIltH/"." III n;ut I'flll .1 ".111'111,1'" ,,( {1rfflo1' If""'"'''''''' , m',' I'''''''''''' II;"" "I .11'" "I "",., "'0"111'''' .1nl'''' ,'t'" ,h'll1"
I,,.,,.,, "'olIArd "1"",,..1" 'w'''' /M'd f,,,,,id,1 ,,'" r/mi",,: ,Ilry (tin ICII,,\\'/, ""'" 1m i"/,I,,,,.,fi,lnl'I'"I/III..I\ .111" .ur 1It1' ;"'-/"/",,1 '11 "'"
""11'"
;, "MilE Mill MlIlIIFR9 El'IGp';'IEU R, PA';'~\lLl ~1I" ll~/) 1<, 'PrnT..HI,)
OF nonnuwen:
E. f,^MF Mill /lllllllE99 JME W. SEYl,ER /, MJW\NlJlm 11. S'1'liWI\R1' , 111
or qfUFfl: RIOII\RIJ W. SI'Fl'/^RI
JME M. S'1'm'/I\RI'
,. 'MMF Mill /looness
or I.Wllen:
lI.rnnPFn,y
Im:/lflnN;
30B HORIlI SIX'llI S'1'REr.1'
INl>l/1N/\, I'mNSYINMlh 15701
II. ~EI IlEMENT MEN'; GREER I\DS'l'MCI' & SE:l'l1..EMENl', INC.
N/lI:E nrsETlLEMENI:Jl\Nm' P. MJRE1\lI RF'.J\J. ES'l'l\'rE
INDI/IN/\, P^ 15701
I. m IIEMENI UME: 04/22/92
_...._-~--_.~--...<.. .-.. ..... .,.
J, SUMMllny or onnnOllEn's In^NS^CIION K.
SUMM^ny ur sEltEn'S In^NMClIUN
.--...-- .~--- -~._._--_.
Inn, nnn~s IIMlllJNllIUE rnnM RunIlUWEn:
101. ':011''''' ,.,,, p,lr.
Inl, rPllolI.IIIIIII'r1ly
In~. S.lIIlon.1I1 ,.h"g..lo 1I0IlnWl":
(I",", Ii". I~nn/
H'1~~oo.
4,'116.01
~oo. OflUSS IIMUUNI IIUE IU SHUll:
40 I. r.ooll'" ..I.. pd,.
401. "",oll.IIIIOI",ly
~OJ.
, 1.1'1;soo.00-
lilt
1M.
~Ol.
~05,
nDJIJSIMENIS run firMS r^1II OY SHlFn IN ^UV^NCE:
IlIn. Flly/lowlIl.." '0
1111, I:ollllly I.... III
iliA. ^",,'un,,"" In
In~,
110,
III.
--'..11.
^IIJUS1MENIS run HEMS rllllJ RV SEllEn IN ^UVIINt:F:
~nr.. tllv/1nWIl litH'. In
~IJI. 1:llllllly'"'' 10
~OA. ^""ulIl,,nh In
~1J9.
~ 10.
~ II.
412,
t20, onuss IIMUUN! UUErIlIlM n(m"OWEn: .. 152,216.01 m. onussnMuUNl UUE 10 SHlEn: .. 11\7,500.00_
,nn. IIMnllNlS .11," RY on IN SF.IIMF OF RonnnWEn: 500. nEIIUCTIONS IN ^MRIINT III1E 10 SFltfO
'111. "'lllIilllll .,,"..IIIIIII"y 5111. t "OIl "'1111111 (Sf' 11111111";0111/
701. r,llIrlp.l.mollll' of o'w In,,,"1 fin,. S.II'"ol,,1 ""'a"'O ,.11" (/i". '~nn/
"11 hllllllg trIRllhll.k!o ,uhl.r:lllI 5111 E,l,lllIg 10'"l1lllhll 111101"110
7n4. SM. PtYll1t 01 fllIl'M'lqnc1~ 'oto
,n!1. f1n~. I'ovnll HI ,rrllllll III"IIQnqn 111:111
7nn. 50n.
7111. 501.
711R. 60n.
run, ~n
^"JlI~IMrNIS Ifln III~'~ flNrlllV DV SFI I FR: IInJUSIMFNI~ /I"! "/EM.S IINr^11l nv SFlI rn:
7111, I:lIy/loWlllm,OI/01./92111 04/22/92 116.40 5111. I:lIy/lown Imm /01 92111 01\/22/92
71 I r""IIV 1m. 01/01/92111 01\/22/92 09.06 nil. f:l1l1l1ly lUll 01/01/92,,, 01\/22/92
111. ^IU!Ulllfllll III fill. "'~rHIlIl'IIB In
m allOOL 'I'A 01/0\ /92 04/2'),/92 411.1!l 51fll1mlJ 'I' 01/01/91. 04/22/92
'14. 61~
mIEI'OSl'r/IIIINU ~timY ',000.00 m I>IWOOI'I'/II1INUI-tJ-lEY
'16. 510
111. 61/.
'In. filII.
119.. ... ' . IIIn.
770. II"^,- rlllll ny Irun ~ m. WI^'- nlnUt:llnNR ...
nonnIlWE": ,... 1,610.13 It'^MnUNIOuFsULFn: ,..
300, tllSlll\f6El1I.EMENlriiuMIIU oun"UWEn: -------- eoo:tASii", SE"lEMENi iiiiiiiuM SEll iil: -, ,
JU!...ti,ulll;,;~i'lli_..!!!l,~~u,~~wil i/0!!lOi _u "lS~.! ~lii~iH~ ,~~I~II;'!nll~II;',llill; i;".ii;;i i;"r 1;iil
302. lllllm~""'1 pl!d I,~'-'o, ',"1I0WrI/llllr n~! __ _ _ \ _ , 1_,6 liJ I D _) fo1l7. I'" 1111,1 II'lh1l1l11111 III ;1I~'''''1 ,h,;-"ii.. i';n;iiilj ..
6,420.50
116.1\0
09,B6
411.79
1,000.00
0,046.63
W,500.QlJ
. 0, rJ4~,(;~ I
.
. .
1111
c in-fili'Ts~:_:~~"-----"'-'
I.. .--. ,... -S-ITTr-'E MEN T
IP~-:liiTii1 M'.F~/Rnl1rr"," f"II~ntl~ -
1I~r.rll I"lrllll:r: $ 147,500.00 Ii' % - '/,375.00
JlIlmr P. H:lIlFJ\U REI\L ES'I'J\TE .. ___.___.._____..__
..,. ..riiVi~ii..ri'iif'r.iiMMi~~inri'iiiNF. iiiiii^5fiii:iiiw~,--
1111 * 3, 6B7. SO 10 LYlE rol'l' nr.AlJ EsI'A1'E
III~, $ ",
1111. 1;"",,,,lul,," ""III nl ""11"1111111$
/III.
~Qti,iiiMi' rilv/lliLE IN i:,irINii; i iiiNwiiii'iijiii;,
- i1,ir-j;;;;;;Jj,ln'".lIol1';"- .... .--'----;r-...
nn7., L".I1I11IC1I1I1,1 "
nnl ""1,,,,..1 r.. '0'
rl'l. 1:,,,111 11"'0"111'
fll1'i. I fln,I,.,', ""Ilflrtln" ,,,..
.'10, M'"lo'lI" 111111'.11[. nl'l,lIrnlll1l"," 111
.n r. /I,,"mplloo I..
rno,
.n,.
nll1.
nil,
~~jj, iiHii 'iiiiiiiiiiEU BY iiNuEn iii'iiE'riiiii'iN iiii\iiiiicE'---'''''''--' .
"ii,ii -il1l;;;;tTr~~;---'--' tn flit
r1l17, Mmlql1fl" hUlIIlIlltl! IUf1llh1l1l 1m 11I0. In
nlll, IIluml "ulI,,,nrlllllfllllllllll fill VII, If)
mH. rlmld "11/I",lIr,. r,r"III11/t'1II VII. In
""5.
lP~~,l!~sEnvfs'~~ro~iII!.!!!!!LHNiiEii;'-" ......,-.----.-.-, .,---. ...
"'nt. 1I,,,,,,,t Illulllmr.n mnnllll fj1 *
1II11,. '~I1'lg.11" 111''''.11'' 1ll01111111i' ~
IOnl I:lly IIlon" IV I".. o,,,"I11t III $
Innl. I:IItlllly l1Iopllly I.... l11olllh,1i' $
tnnli, ^l1lUl'" "np"I",mll hlnnlhll&\ ~
'"'JO. """" 1'1111I,'11'" mUll ,hI €i" S
Innl, 1110nllulilt
to,)n. I11nlllh.l!' $
lIiJii. iiil.E ciiiliioES: H_"_""_"_'_
GREER MSI'MCI"&--SE:l'1'1.HIEN1';U-IC. ------- ..,-. "75.00' -m;i5:00
~^,n rnnJl
"" II II IIIVfln
rlllfll~
III
~r:llI.tMr'"
PM" r""11
~H' II"
tllllll'
"'
RF "HIoHl"
1,000.00
-_....~_. .
6,375.00
/lIny
p., mnnlll
II" IIlnllth
pl'l11nn'lI
P1111101l111
P" '"nlllll
per 111,,"111
~I' mnMh
per 11101111,
"ut, ~.III"I"'I'" .IIIlhllll.. ,,,
'''''. ^hltU" I 111 '11l~ trll'llrh 'n
I lIll. 1111. ."IIIhllllol1'"
Itnl. 1111.111'"""" hllI,l" '0
11"5, IIn'I11I'III'"I"..II,,"Io.
Itnn, Ifol"y 1,., 10
t "", ^lh11l1rv'llrrt In
tbrMY
12.00
6.00
0"dllll,fI.11",""''''II11 ^'lIl11h"'f
linn. 1111, '"""'"" to GIlEER NlSrMCI' to ~I'l'/~r, INC.
'l'I~/IIr'''f ",'mt." ""," N'I/uhf'''.'
IIl't I ,,"I,,'IC"y.'.gn $
'1111 "",""'",,,,,,,11" $ 147,500.00
"ltDISOOIlSIHNI' FEE GREER lIDS'l'MCI' & 6E:I'IUJIENI', INC.
I"'TAX CER1'IF1CATlOO GIlEEIt NlSl'MC'tt t.t Sl'1rl'/>>tENr, IOC,
1111
l1iin. iiiiVinNMEiifiiir.iiiiiiiifii^HO '"^NSFEn ClImES:
11111. "',,,,,UIlP I",~ 11,,,1 $ U. SO - , . M;;;ig~'~i"-" .._, ; iieiiii.i i
I1nl. "i1vl'"'III'y ''''''.IIIp" 11,.,1 $ t, 47S ,00 ; Moil.'.. S
I ~1I1~ RI.,. 1"/1101111'" lI"i1S 1,475.00 ; MOIlgng.S
l"ll
ling,
I jijij: Minliifitiilr Si'iiirMfNi' Wiliim;--' - ,,-' ----,--- --..------..
999.00
15.00
'1.50
"TI.SO-
1,4'/5.00
1',475.00
iiiii.-ri,"\IIV In--'
HII/, r"IIIlII",1I1l1l11l
11~llcj92 OO1UlGl11'AX
11011992 roMl'Y 'I'I\X
11f1'i
11nn.
t:I!"~~_. .. __ .__
IYlVlb W. W^,,'l{!NS, 'I'M UJI1..ltCIU!t
1l'\VlU W. WNI1UNS, '1'1\X C(Ul~I'OR
376.24
290.2"
l.ljlm Illl^, ~I' "J'UNI f:Itl\nnr~ (f1l'''/1II1 111I" ItU ,o;"'h/llll ,III" lin,. 'itlJ. .~I'r"1II1 kJ
+
4, 'lIli.OI
6,420.50
11" " . .".,..11\ ""11'1' ,..III.., 111111 1';"'111'1111'111 ';1:,11'1111'111 ~1t\!11"ll,p I.,.., ,,11'1\' ~lIn\'AI""I" 111.1 ',,'li..1 Ill'; " hili' ;.,,,1 I', "1 I'" 111"'11,.",..1 "lit. .. II"
,., 1"I'I}J)~l"'d" '~' I,":" .,. "It.d III "\'1111'111 IItl.. ItdW.Il' 11'11I Illld"PIl'I'IIH\'II.1H1I 1111\'1111', "1,,,.,1:1, /111\'11111"'11111' I ""lIkll.IIIII ',J .1,"""'"
(!,~f1. ./~ U I - ~ t1~,J A ~ L
~ 4... ,------ ,le'l t.~)(,'v r. {(~. .4:(1) ...J t (k-
, 7 ,JflNl~ W. if, I,idr' IJ;;XMlIlJ,it II.' 1'r~^lfI'ill
"",,,,,,,',,,,, 1lI{~. lIl), fl'I'JiHI\R1' 0.' . '
, - . jJ .. I' '-7
..-. -.-.-----., ------------..-. -.. ,.., .'..-.Clif"~:1,~"MjrtfA.ltM."^,, ...4 ,-.._----
[ISII
11,,011' III I !'I'nl' ,I ':1" I,. ,I ',1,1, Ii 11"1"" 1'1"1'-11,.1 h ",II""'IIIr1'Il' Il,nl" '11. IIlInl !\llId~ h:III' 'f 1I"1I 11111111'1 '111"",1"1 '_III, -'II' ..Ill" "11111';1'1
II" 111"1"11."11111 II' ,'d,," I' ".1111 II_I" ".,1"111"11'
I~ STATEMENT OF ACCOUNT
710-34893
101.34.0008
7/31/92
.1'
I OF 2
Investing for retire//lent, college fundIng, or
that specIal drea//l house requires planolng,
Not lust how //Iany dollars ove,' how //Iuch tillie,
but also careful investlllent selectIon,
Modeling your portfolIo for balance and total
return, In relation to your goals, Is the ~ey
to success, Call your Advest Account
executive for a revIew of your account and
your objectives.
t~IXH~.flIWARIT
I INDIAHA PA 15701
S"
. I I ' 1
EDWARD E MACKEY
INDIANA, PA 15701
71.01
(412)349.3020
9
,
.,
URO I
ceo NT <:1'
Cash Account Balence
ADVEBT Bank Balance
Market Velue of Priced Securities
Totll ACCOURt YIlul
+205.00
+56,006.25
+21,557.90
+77,7511.111
Dpeniny Balance (Brokerage)
Portfo 10 Purchases
Portfolio Ineoma
Funds RDcelved
Funds Tranaferrsd to Bank
Cloling Blllnce (Brokerlgl)
.00
.30,94
+235.94
+2,272.91
.2,272.91
+205.00
"..:i.
This Period Year to Date
Dividends
Reportable Interest
Non-Reportable Intel'est
Totll Div/lnt Incoml
+235.94
.00
,00
+235.114
+406.52
,00
.00
+406.52
, .: I;: ;1.;': ),.\, I" C' 'I I
.. ~...; > . ..
TrlnllcUon securHI TrlnllcUon
Dati DlecrlpUon QUlnUty Oncription Mlrket pr ce Amount
7/02 REINVBT 3 . AOVAHTAGE HIGlI YIELO BO FUND -30.94
.BIl BEH INT-
AT B,74/StiR FRAC BAL - .910
7/02 REIHVBT AOVAHTAGE 111011 YIELD +30.94
.BIl BEN INT.
7/14 CIlECK DEPOSIT +2,272.91
7/31 OIV UBF&G CORP PFO SER A EXCIlBLE +205.00
$4.10 CONy
, . ':,\ ,p It ' ]'
> . .
Activity Market Marklt D1vidlnd Estimlted AnRul1
Dlte QUIRtity Slcurlty Dllcription PricI Yalue /coupon Income Yilld
7/02/92 411 · ADVANTAGE tHGIl YIELD BD FUHD 6,90 +3,657,90 ,91 +374.63 10.2
.BIl BEN IHT.
6/01/92 tooo CIlAM6ERB DEV INC CLASS A 6.625 +6,625,00 ,01 +10,00
6/01/92 200 UBF&G CORP PFO SER A EXCltBLE 46,375 +9,275,00 4.10 +620,00
$4.10 COHV
Totlle for Pricld Slcuritill +21,1157.90 +1,204.S3
80HD PRICEI ARE APPROXIMATE AHD CD'S ARE PRICED AT PAR TO MATURITY. TlfEY ARE PROYIDED AS A
QUIDE TO PORTFOLIO YALUE. WHERE A PRICE IS HOT AVAILABLE "N/A" WILL APPEAR. CONTACT YOUR
ADYEST ACCOUNT EXECUTIVE FOR A CURRENT QUOTATION.
.... END OF BROKERAGE STATEMENT ....
~s OA
.~ TATEMENT F CCOUNT
1171.018411
Advest r.-.lna bullJsh about the new year.
The ba.Ja for our poaJtJve vJ.w Js th. steady
growth plllern of the econOllY of l.te, We
expect Jt wIll contJnue to grow at a
rea.onable r.te In 11194 . f..t enouQh to
boost profJts and dlvJdend' but not
Infl.tlon. Talk to yuor Advest Account
ExecutJve about Jnre,t..nt opportunJt/es for
1994.
181.34.0806
12/31/93
1 OF 2
0102128 ze 10701.048000 70 1211.12
/",11,1,1,1",111",."1111""1,,1,11.,1,1,,,11,,1,1,,,,1.11
ALIII N ITElWIT
P 0 lOll 4811
INDIANA PA 18701
I:.'. "
.,
EOWAllD E IlACKEY
INDIANA PA 15701
851
(4121340.3028
,".' i.r
C'lh AccoURt Oallnel
~EST B.nk Salanca
Marklt V.lu. of Pricld Sacuritila
Tot.l Account V.lul
"',: ';,,1
Opaning Oalanca (Orokaraga)
Portfolio Purcheaas
Portfolio Ineo~a
., Funds Withdrewn .
: Funda Trenafarrad frOM Senk
Othar Activity
Cloling Ill.ncl (Iroklrlga)
.00
+22,709.70
+30,171.00
"".,110.70
.00
'3,830."3
+3.....79
.2,000,00
+6,830.43
.344.79
This Period Yaar to Deta
D1vid.nda
nlpnrtlbla Intaraat
He 'aportsbla Intarast
Totll Dlv/IRt Inco.a
+344.79
.00
.00
+344.711
+1,609.76
+.19
,00
+1,11011.115
;~ ~' l" ,,' , ~.'l.' I,' <; ~ " :.}l\. ' ',' .1 ";;,[1;,
,
Trlnl.cUon IIlcurttl TrlRllction
Dati DllcripUon Qu.ntity Dllcrlption Marklt pr CI AmoURt
12/01 DIV "ADVANTAGE IUGH YIELD BOHD +32.35
FUHO.SBI
RECORD 11/30 PAYABLE 12/01
12/01 REINVEST 3.255 "ADVANTAGE HIGH YIELD BOHD -32.35
FUND.SOI
REINVEST PRICE 9.94
12/09 CHECK CK , BTOO072376 (662 I .2,000.00
12/20 BOUGHT 200 MARION MERRELL DOW INC IS.750 .3,630.43
12/30 OIV "ADVANTAGE tuGIf YIELD BOND +64.69
FUHO.SBI
12/30 RECORD 12/28 PAYABLE 12/30
DIV "ADVANTAGE HIGH YIELD BOND +212.92
FUHO.SOI
12/30 RECORD 12'28 PAYABLE 12/30
D1V "ADVANTAG HIGH YIELO BOND +34.S3
FUND.SOI
12/30 RECORD 12/29 PAYABLE 12/30 .64.69
REINVEST 6.971 "ADVANTAGE NIGH YIELD BOND
FUND.SBI
REINVEST PRICE 9.26
12/30 REINVEST 3.753 "ADVANTAGE tuGH YIELD BOHD .34.63
FUND.SOI
REINVEST PRICE 9.28
"liS II TIle orrtcMl fllMf....!"' or youn Allyn, ACCOUflt. ^"Y DIm" INrunM^,IOIf nFl^,INO TO 'tnun rOntrOllO IS UOT r.oHlilnt:nEtJ AN orFlclAl m:conn.lr YOU t1AVe ANY
DunIlO", AnnUl 111I8 stAtEt.lENT. rlUSE CAlllllE ItIvf.Blon SEnlJlru nErl\lHMrlH ^I HOG ,43111510U'810E or ell on '.100,142.1110' lell
IIE/AtN II//S S/i\InlENr ran USE IN mFl'AI/INt.1/AY I1EIf'"N!; SIT IIEvr.nSE SlUE rOil APP/lfONAI. INrOI1^,AIf
iii
-
-
-
-
-
-
-
-
-
-
-
.00
IrIEI STATEMENT OF ACCOUNT
tot .34.0806
fDR THE ACCOUNT Of:
ALEX H STEWART
12/3t193
2 Of 2
~ '
\,;1-.'1.;'.;
";;! ~L
~ ,. .
I '.:' it.
Dltl
12/30
TrlnllcUon
DllcrlpUon
REIHVEST
TrlnllcUon
A/nount
.212.92
QUIRUty
22.944
DllcrlpUon
· 'ADVANTAGE IUGIt YIELD BOND
fUND.SBI
REIHVEST PRICE 9.28
Ilcurlty
'Irklt Prlcl
li.. 1':: i: :ii"l'; :'i ,.y'::\' !: d ' ,:1. H Ii I ' i~;
-;" " ,;1
AcUvity 'Irklt Marklt' Dlvldlnd Eltlm1t.d Annu.l
Dati QUIRUty I.curlty D'lcrlptlon Prlc. VIlu. /Coupon Incollll Yield
12/31193 504.35t "ADVANTAGE IfIGH YIELD BOND 9.31 +4,898 .88 +448 9.5
fUND.SBI
1104/93 1000 CItAMBERS DEVELOPMEHT CO INC 4.00 +4,000 .00 0.0
CL A
4/06/93 200 "'GLAXO HOLDINGS PLC 20.875 H,175 .70 +140 3.4
SPONSORED ADA
12/21/93 200 MARION MERRELL !lOW IHC 18.00 +3,800 1.00 +200 5.6
6111193 1000 TUCSON ELECTRIC POWER CO 3.75 +3,750 .00 0.0
1104/93 200 USf&G CORP-S4.10 COHV EXCIt PFD 49,75 +9,950 4.10 +B20 8.2
SER A
Tot.I1 for Prlc.d l.curlUII +30,171 +l,eOI
IOND PRICEI Aft! APPROXIMATE AND CD'I ARE PRICED AT PAR TO MATURITY. THEY ARE PROVIDED AS
A IUIDE TO I'OIITfOLIO VALUE. WHERE A PRICE II NOT AVAILABLE "N/A" WILL APPEAR. CONTACT
YOUR ADVEIT ACCOUNT EXECUTIVE FOR A CURRENT QUOTATION.
.... ENO OF BROKERAGE STATEMENT ....
. .
" .f,.,
1 \
Dlt.
12/01193
DllcrlpUon
SPECIAL MONEY MARKET ACCOUHT , 0087344990 OPEHIHG BALANCE
TOTAL DEe TRANSFERS TO ADVEST BROKERAGE ACCOUHT
INTEREST FROM 12/01 THRU 12/3t
AVERAGE BAlANCE
AVERAGE CURRENT RATE
ANNUAL PERCENTAGE YIELD EARHED
CLOSING BALANCE
YEAR TO DATE INTEREST
AIIIount
+28,490.55
.5,830.43
+43.58
12/31193
+25,529.93
2.01 PCT
2,02 PCT
+22,709.70
+851.27
Dllololurll contllnlng t.rml, fl.1 Ind rltl Information rl.lrdlnl your D,pollt Account Ir.
IVllllbll. You MAY rlqu.lt ORI by cllllng Advllt elRk.t 03-e2 -~300.
.... EHO OF BANK STATEMEHT ....
1II11111111! OrnCIAl.lnAtf.MeNl 01' youn AnVftlf ACCOUNt. AffY olllrn IflrOnUAlIOIl nUAlIHO fa ...nun ro",rollO IS liar CONSlDl:nEO AU orrlCIAl nt:conD.IF YOU IlAVt ANY
DUnnON! ABDUl UIIS "^lfUE"t. "LUSE CAl.l lllf.IItVUlOn SfnVlcu nrrA"U.lUn ^t ,.l'OO '''UII!lIOllIRIOf or ell on 1.100 IU.3Ior lell
-
-
-
-
-
-
-
-
-
...
-
-
'---.viiI
.1~'4+'
>'I"
STATEMENT o Ii' Acc6uNT
H..b.r of SIPC
Account prat.ctlon up to 12&.000,000
JUlie 1996
-
E.t.bl1.h.d In 1898
.J
-
Acaaunt HD,
671-01848
5E Ho, T..p.~.r HD,
651 161-14-0S06
P.g.
1 Of 1
st.t...nt P.rlad
06/01/96 to 06/S0/'6
Offlc. S.rvlng Your Account
682 PIIlUOELPIIIA STREET
INDIANA PA 1&701
Qu..llon.l C.ll Your
Inv..t..nt E..cutlv.
1~12154'.5027
Your Iny..t..nt EICICUtlVI
EOIIAftO E HACkEY
1",111",111"""11",11"1,1",1",1,1,,11,,,1,1,11,,,1,,11
M,liX II Sn:IIARl' ID7,m
2B26 HER ION ND
CAHI' 1111,1. I'A 17011-2123
IlIport.nt Mati..
SI.pllf~ ~our fln.no.. with ARCA,
AdvI.t', .11~ln.on. c..h ..n.g...nt
account which includ.. brokerlgl,
unll.lt.d chocking, VISA.
Money ..rk.t. and lor..
'Pori folio Seeliol!'. .
I"r~ot. v, I 1I1l' O~II ,',
t..h/ltlll,"~ rlllldK/hnk BIi I."co
['1111 t I o./Opt I 0111
Blllldl'
Corpor.tol/^gonclol/T.xehlol
Accrllod IlItorol t
Mutllnl rUlldl
Portfolio y.lo.
, A. .,,,06'10/96 1 0' porUClllo
9, 9~,2t 211.tilJ~
22,6'15.00 /16.9111
10,000.00 20,701
171,.22 0.361
5'165.72- 11. 311
['_81110,21 100,001
Thll Period, 9,000,011
:: ;":, ":'+"j';I, I';,
,'~.11lf 05/i1t1,t .
, 'IB,96f.B6
211,075.00
.', 1;.1 ,I:,;;'!; '.;j
1:0' 'POi'ttCllltil,
. 3~.3~1
111. 061
17 .051
0.251
9.311
100.001
T OF ACClUllS
VEST BANK BALANCE
TOTAL HONEY HARkET FUNDS
rat.l of "ccounto Includlng Hont~ Fund. .nd B~.,nk O.lonco
II ..... . . I
EQUlTln/OpTlONS I
I , I I H.rkot
Sh4r.. S.cu~lty D.lcription Pric.
Not Of Oepotltl / WlthdreWllt
'R.oo~e' I,e',on'of Cllhl.
Innlnll of' Porlod' ,
Socud tI.. Sold
Fund. Rlclived
Socurl tI.. Oought
Fund. Inued
Bonk Actlvlt~
End of Porlod
Ce'h/Hone~ fund/Blnk Blllnee
200
200
200
200
10.000.00
132.22
5.1161. 76
,,.,U5.8~
:
Yllr t. alto:
12,000.00
Th"ror'Q~ .
18.966,e6
0,00
41.87
141.871
19,000.001
28,(,1
9,99&,27
, Thl. ,.rlad
41.S7
0,00
~1,'7
V.n' ,. OU' ,
. . 858,'4
280,00
1,111,'4
V.'r,'. Pit. Olv.. lR'.r..t SII....r~1
IB,5&2.2' Dlvldond. Itoporloblol .
8,8'0.'1 Intoro.t Iropnrtlblel
1,160.70 Tal.l Dlvld.nd .nd Inlero.1
16,698,961
112,000,001
510,5&
'.99&,27
. IJortflllio Valualioll
ii'
Currlnt elllnel
Pi-IvlouI e.llnel
0,00
9,99&.27
0,00
9,99&,27 ;
0,00
18.966.n
0,00
le.966.86 I
~,.
,
Hoo'kol E.t Annud
Voluo Olvldond
E.tl..tod Annuol
Inco.o Yield
2&.87&
25.62&
15.&0
&0.575
.20
1.67
40
554
820
8,15
.77
7.06
HICRCH TECIINOl.OGY lIlt
r P I L RESDIlRCES IHC
TUCSllIl ELECTRIC POHER CO NEW
USFIG CDnP.14.10 CONY EXCII PFD
SER A
5,17&,00
4,72&.00
2.700,00
10.07&,00
4.10
rOTAL EQUITIES/OPTIONS
22,675.00
1,194
&,26
1I11:llIllltl 0'1111_' lilAlI MIIIIOI Hltlll,lIlVlli! ..,U:OI.ItO AI'" U1111 II 1111 llllYAlIllfj III I AlltllllO HlIlIII'tlllll OIIOI~llllll UlfI!illllllll1 ""111' WI'" mC;Olll1lr ';f1IlIlAVr AllY
tilt! !illtltj!l AI"MIIIIU~j bIAIIJ.lIIlI.I'11 A!il' Ujl Illf \IlvtUltlll LIIIVIClIi IlII'AIIIIAI III AIllllU ,'U dllll
ftnlJr:nt IO/.Il," flOJ ,UJ}fIr"" JJIlCh?ONIJ IJ
III. lAIN 1111.'. Sf.o1I1 AWNI rem ".'iF /N I'flr/JAII/Nfl IA~ 1/1' "'"NS sIr 11/.\1/11';" 'UIII' mil AIIIIIII(1NAI INrnllAM III IN
W"llnlhouH Eleclrlc Corpor.llon
Ihnholdlr ..vIc..
P. 0, 101 .1.
P1U.bllrllh. Plt1n.ylv.nl. 1.211 -OIl.
(412) 244-3114
DivIdend Reinvestment end Common Stock
Purch... Plen
Optional Cash Payment
ALEX H STEIIART
144 HAMILTON ST
INOIANA PA 1570.
Socl., SecurltylTu ID Number:
Accounl Number:
15'-34-0101
132331
AmDunl
EncID.ed:
.
(Minimum 'IlIlI:Mulmum ",lIlIOl
If you wl.h 10 IInd In .n opllon.1 c..h p.yment to purch..e .h.... or We.lInghDute Common Slack. cuI all .nd ..mlt Ihl.
porllon 01 the lorm IDlIether with your check or money order p.y.ble to "We.lInlhoute Electric Corponllon" .1 the .boVl .ddr....
--------------------------------------------------------------------
,
W..lInghou.. Electric Corpor.lIon i
Shlf.huld... Slfvle..
p, 0, 101 IllS
Pllleburgh. P.nn.ylv.nl. 11221-0111
Dividend ReInvestment and Common Stock
l"urchese Pltn
Statement of Plan Account
(412) 244-1114
STATEMENT DATE, 12/0B/13
Socl.1 Seeurlly/Tu ID Numb.r:
Account Numb..,
'51-34-0101
'32331
lNilUTMtNT DAtil 1Nf0liMATillN
DIVIOEND RECORD SHARES
A
,10000 200,??oo
?
PRIOR BALANCE 13,e210
03/01/83 PLAN DIVIDEND $1.37 $13.2BOO .1030 13,7240
03/01/83 COMMON DIYIDEND no.oo $13.2100 1.5100 15.2340
01/01/83 PLAN DIYIDEND $I.ea $15,3780 ,0110 15.3330
01/01/83 COMMON DIYIDEND no,oo $15,3780 1,3010 15,8340
01/01/83 COMMON DIVIDEND no,oo $15,5133 1.2134 17,8174
01/01/83 PLAN DIVIDEND $1.87 $15.5133 .1072 11,02411
12/01/13 COMMON DIVIDEND no.oo $14.0133 I. 420 I 11.4447
12/01183 PLAN DIVIDEND $1.11 $14.0133 .12111 11.1732
,
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i
PNClRANK
SClClII""CI,,;!II"
Statement
117
A H STEWART
1074 LANCASTER BLVD
APT b
MECHANICSDURG PA 17055-4472
1",111",111""1,1,,1,1,,1,,1,1,,11,,,1,,1,1,1,1,1
LAST PAGE
STATEHENT NUH8ER 50-8007-4722
STHT END DATE
12-17-q5
ENCLOSURES
PAGE
INTEREST CHECKING
C
TAM ID NUNDER
LAST STHT END DATE
- 0
lbl-54-DD06
00-00-00
17171 750-2200
UAHPDEN DFIlCE
ACCOUNT SlIMMARY
DEPOSITSICREOITS
2.605,72
I~
PREVIOUS BALANCE
,00
&1Itill
~I
WITlIDRAWALS/DEeITS
.00
NEW DALANCE
2,605,72
DAilY ACTIVITY
um
10-00
12-17
EMPLANATION OF TRANSACTION
YOUR PREVIOUS STATEHENT BALANCE
DEPOSIT REF' 25154bq7
INTEREST PAYHENT
CHECKS AND
DTlfER DEBITS
DEPOSITS AND
OTUER CREDITS
2,605,6S
,04
BALANCE
.11
2,685.72
ACCOUNT IHFORMATION
HIN DAILY BALANCE
AVG CVCLE BALANCE
AVG COLLECTED DAL
PNC ATH DEB ITS
HDH-PHC ATH OESITS
TELEPHONE TFR DEBITS
2.685,60 POINT or SALE DEBITS
2,68&.7;!
6S5,72
o
o
o
o INTEREST PAID TIllS PERIOD
INTEREST PAID TltlS YEAR
THE ANNUAL PERCENTAGE YIELD EARNED IAPVEI IS.
TNE NUMeER OF DAYS IN TIllS INTEREST PERIOO IS'
TIlE AVERAGE OAILV BALANCE USEU rOR TIlE APYE IS,
THE INTEREST EARNED DURING TIllS PERIOD IS.
2,15 %
01
685 , 72
,G4
IIX) :J85fltUl;t,\Ilv R III
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COMPLETE REAL ESTATE SERVICE
H~'l.:~~~l;Fn
o..IIIIQ. .. ...~t.JI
SEP211~R7
JOHIISON. DlIFF It:
STEHARi AND \'IE lONER
21 SOUTH 7lh STRUT
INOIANA. ~ENN5YLVANIA 11701
THE~NONE: 412 .483.3518
August 6, 1987
Mr. Richard W. Stewart
Attorney-at-Law
301 Market Street
P. O. Box 109
Lemoyne, PA 17043
Re: Real EState Owned by B. R. Williams Estate
Dear Mr. stewart:
At your request and the request of David C. Serene and
Mr. Alex H. Stewart, I have made the following appraisals.
1.
2.
Service Station, 518 Phila. st., Indiana, Pa.
Goodwill Industries Bldg., 20 So. 5th Street,
Indiana, Pa.
3. Warehouse Bldg., 512 Gompers Ave., Indiana, Pa.
4. Apt./Glass Shop, 516-518 Gompers Ave., Indiana,
Pa.
Hs. 367 Washington st., Indiana, Pa.
256-258 Church st., Indiana, Pa.
722 Grant St., Indiana, Pa.
East Mahoning Twp., 80 Acres, 127-12-113
Land.............$12,000.00
Gas Rights....... 16,200.00
Coal Rights...... 1,800.00
122.47 Acres, '33-14-104
- No Gas
29 Acres, '33-03-120
Land.............$ 6,000.00
Gas Rights....... 2,500.00
11. Pine Twp. (Nolo), 104.36 Acres, 133-01-145
Land.............$37,600.00
Gas Rights....... 2,400.00
$ 64,000.00
70,000.00
46,000.00
40,000.00
47,000.00
50,000.00
45,000.00
5.
6.
7.
8.
9.
Pine Twp.,
No Coal
pine Twp.,
30,000.00
40,000.00
10.
8,500.00
I~D,\1'1 --
40,000.00
No responsibility has been assumed for matters which are
legal in nature, nor has any opinion of title been rendered this
appraisal assuming marketable title. Liens and encumbrances,
if any, have been disregarded, and the properties appraised as
though free of indebtedness.
, . ,- , , ,.,.. ...,. ... .., .'. ...-~..,
Mr. Richard W. Stewart
Re: Real Estate owned by
R. R. Williams Estate
Page two
August 6, 1987
Unless otherwise noted herein, it is assumed that there
are no encroachments, zoning violations or restrictions existing
in the subject properties. We have madE no survey of the proper-
ties and assume no responsibility in connection with such matters
The values shown in this appraisal is market values, defined
as: "... the highest price estimated in terms of money that a
willing and well-informed buyer would be warranted in paying and
a willing and equally well-informed seller justified in accepting
for a property if placed on the market for a reasonable period of
time I with both parties acting free of compulsion or duress and
with all rights or benefits inherent in or attributable to the
properties included in said values."
After inspection of the above properties, it is the opinion
of the undersigned that the total appraisal value of the eleven
properties are:
FOUR HUNDRED AND EIGHTY THOUSAND AND FIVE HUNDRED DOLLARS
(&480,500.00)
Employment in and compensation for making this report are in
no way contingent upon the value reported, and I certify that I
have no financial interest in the subject prope~ties.
Sincerely yours,
.' l!-tvr /.1 J*~mJ!tw--
Robert D. Hamilton
RDH/prd
CCI Mr. David C. Serene
Attorney-at-Law
52 South 9th Street
Indiana, PA 15701
Mr. Alex H. Stewart
Indiana Sales & Service, Inc.
11th & Philadelphia Streets
Indiana, PA 15701
Mr. R. M. "Pete" Stewart
616 Philadelphia Street
Indiana, PA 15701
. "' ,.....- ... .......,.
.... -0' ".~'.o.. .. ....... .. .. .". . ..
.
.
,
..
yz-'1S,/.'i
JL SHERIDAN & FRITZ, P.C.
..,. CERTIFIED PUBLIC ACCOUNTANTS
3905 N, Front 51.
Harrisburg, PA 17110
(717) 234.8585
Fax: (717) 234.4570
August 23, 1996
VIA FAX. (7171 234-3611
Original to follow U.S. Mail
LeRoy Smigel, Esquire
SmlgAJ, AnderRon & Sacks
2917 North Front Street
Harrisburg, PA 17110
REI Your File No. 4295-1-4
Stewart v. Stewart
Dear Lee:
In connection with the above proceedings, you asked me to evaluate
the valuation letter of May 16, 1995 by Bill Wire, CPA, with
respect to Mr, Stewart's interests in a partnership known as B.R.
Williams Heirs.
In this letter Mr, Wire attempts to ascertain fair market value of
the underlying assets at December 31, 1993 by applying an appreci-
ation factor (CPI) on an annual basis multiplied times what he
indicates is a December 31, 1987 arms-length negotiated value.
The first problem I have with this approach is that I have no way
of verifying whether, in fact, the December 31, 1987 values are
fair market value and whether the negotiations between retiring and
continuing partners were truly at arms length. Furthermore, I do
not know if there were any payments outRirlA of the p"lrt:np.rship that
would have been paid to the retiring partners, Nonetheless,
assuming that the December 31, 1987 values do reflect fair market
value, although Bill's approach might give one an "estimate" of
value, it certainly cannot be relied upon to determine fair market
value at December 31, 1993.
The Consumer Price Index factor chosen by Mr, Wire was 2%, He
applied this factor against the 1987 value in determine the value
at December 31,1993. The Consumer Price Index is made up of vari-
ous components, one of those components being the cost of housing.
Since some of the property is unimproved property, using a CPI
index to determine current value is not supportable. The factor
chosen (2%) reflects the average of all goods and services and not
necessarily the increased costs associated with land values,
Whether the factor chosen was 2% or even 10%, neither is support-
able because the approach is flawed,
..---. ....URilii. "
~,..~.,.,
I '. -..-. '. .:. ;..."....:
~,..."
'S"f
.
"
I
LeRoy Smigel, Esquire
August 23, 1996
Page 2
The supply versus the demand has a greater impact on the fair mal-
ket value of land than does the consumer price index. For example,
the fair market value of vacant land on the Carlisle Pike in Cum-
berland County has increased significantly greater than the CPI,
This increase in price is caused by a constant or increasing demand
with a dwindling supply,
Another problem I have with Mr. Wire's evaluation is that he indi-
cates that royalties averaged approximately $2,000 per annum and
were "thus a minor factor" and were, therefore, not considered with
respect to the ~alue of the land. I disagree with Bill on his con-
clusion that royalties are not a material factor in that the job
project report that was forwarded to me shows royalties for the
year 1995 in the amount of $7,306, which is approximately 20% of
the rental income derived from other properties, Accordingly, I
would believe that royalties (as well as the underlying minerals)
are a material factor in the overall valuation.
As you well know, fair market value is def ined as the price that an
ownership interest will transfer hands between a willing buyer and
a willing seller, both being aware of all relevant facts and
neither being under compulsion to buy or sell. Accordingly it is
my opinion that although Mr. Wire's valuation is a legitimate
attempt to produce an estimate of value, it cannot be relied upon
to establish fair market value of the assets involved.
The only way to establish fair market value is to have a competent
real estate appraiser appraise the properties using a cost, com-
parable sales, and an income approach. Furthermore, for those
property that have minerals associated with the land, that element
of value should be separately valued by an expert in that area.
I know that this letter will get you no closer to establishing
value in your attempt t.o reach equitable distribution, but I wanted
to indicate to you that you should not proceed forward based on a
valuation that simply applies a Consumer Price Index against a 1987
value, which at this point has not been supported either.
If you have any questions regarding the conclusions reached in this
letter, please do not hesitate to give me a call.
Very truly yours,
Sheridan &
By:
JOS I jeh
../;~ .~'l:' ..
;.;: 201111
olRICT INOUIRIES TO,
,
~ _..'
SAVINGS & TRUSr CO OF PA
64~ PHILADFLPHIA sr
HID I ANA PA 15701
'112-1163-3513.
A R WILLIAMS HEIRS
3011 N bTH ST
INDIANA PA 15701-1820
005 STATEMENT OATE
LANel '''.'''IOUI ~TATI"'.N' TO,AL a."O'IT' I1UM.." TonlL CHICK' AHD UUU" b.nIT' ,,,,....,, ,."VIC. '''.''H' .ALANa.'-,..,!':
AHO O'MO' C".OI" Df' uawI 0," n.... CMA"a.
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.., cmlCM' ~ND OTHER Dltpnl CRIlDln/p.POIITl AND U"L~NC.
'N.Ot.,; ""'OUNT Ill". IVMII!IOL "''''OUNT 1I"". tH!.,.all,., AHa alM_" c".on. 0"". DALANC.
"AID 'AlO
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A HELPFUL CHECKBOOK BALANCING FORM AND EXPLANATION OF SYMBOLS ARE PROVIDED ON THE REVERSE SIDE,
11 {> II
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EXPENSES
ITEM WEEK MONTH YEAR
Memberships I
(specify)
Professional 25.00 300.00
Household Help 100.00 1,200.00
papers/Books/Magazines 50.00 600.00
Entertainment 200.00 2,400.00
Pay T.V. 20.00 240.00
Vacations 200.00 2,400.00
Gifts - Christmas, 150.00 1,800.00
b-days, weddings
Legal Fees 750.00 9,000.00
Church 30.00 360.00
Charitable contributions 40.00 480.00
other Expenses:
(specify)
storage 80.00 960.00
counseling 150.00 1,800.00
Subtotal 4,916.71 59,000.56
Multiply by Weeks/Months 12. O.
GRAND TOTAL 511000.52 59.000.51
- 3 -
4295-1-4 Nlney S. 5tl.lrt
Dlvorcl
Stowlrt, AII,"ndor
2222/22/22
Sto
HI5TDAY "PAE-BlllING" lEDGEA
CtA:
RAI:LRS
RA2:
AA3:
Fee BCC:N
COlt BCC:M
CI Typll: 4
CI TYPI2:
Statut Cd Sllal Tt. N Fin Chgt N
Stmt Fmt Cdt +003 Stmt M.sI Cd NS
Start 07/01/96
Cut-orr 12/31/96
Opln.d II/1B/94
Aun Dltl 12/22/9B
Dlt. EII'fl
Description
C-T-D Hrt CP Houri
CP $
C-T-D $
07/03/96 LAS A.vlew file, 0,20 35.00
07/15/96 AWL Corrupondenc. 10 client. 0,30 37,50
07/16/96 AVl Corrupond.nc. 10 John Sh.rldan: phon. conr.renc. .Ilh client. 0.50 62.50
07/17/96 AVl Ft le revle.. 1.00 125.00
07119/96 AWL Aevl.. corrupondence rrOlll client: revle. rax rrOlll client, 0,40 5D.00
07/25/96 AWL Correspondence 10 Sam Andes: phone conrerence .Ilh John
Shlrtdan. 0,60 75.00
08/01/96 AWL Alvtl. ra. rrOlll client: corrlspondence 10 Sam Andts: rlvle.
ra. rrOlll Sam Andu. 0.70 87.50
08/02/96 AWL Phone conhrence .Ith Bill \lIre. 0.20 25,00
OB/06/96 AWL Alvte. corrupondence rrOll\ Bill \/Ire: ra. 10 John Sheridan. 0.20 25,00
OB/07/96 LAS Phonl conhrencl .Ith John Sheridan, CPA regerdlng vlluetton. 0,50 87,50
08/09/96 LAS Aevte. correspondence rrOlll \/Il1lam Gold, Domesllc Aeltltons
to opposing parly. 0.20 35.00
08/14/96 AWL Aevte. correspondence rrOlll Sam And... 0.20 25.00
08/15/96 AWL Correspondencl to cllenl, 0,30 37.50
08/15/98 LAS Revle. correspondence rrOlll John Shirl dan, CPA. 0,20 35.00
08/16/98 AVL Phone conrerencl .Ith John Sheridan. 0.20 25.00
08/20/96 AVL Document sllpuletlon revle.ed: preperatlon ror Masler't
hearing: corretpondence 10 Sam Andes.
08/21/96 AVL File revle.: prepare documenll 10 lend 10 Mr. Greene:
corrl.pondence to Mr. Greene: phone conference with client.
08/21/96 LAS Aevte. rile; phone conrerence .Ith John Sheridan, CPA.
08/22/96 AWL Phonl conrerencl .Ilh John Sheridan.
08/23/96 AVL Revte. ra, rrOll\ ADd Greene: revle. ra. rrOlll John Sheridan:
corr.tpondonc. to Sam Andel,
08/23/96 LAS Revte. corre.pondence rrOlll J, Sheridan, CPA.
08/26/96 AVL Phone conrerencl .lth client.
08/27/96 LAS Rlvte. corre.pondence rrOlll Attorney Ande..
08/28/96 AVL Fe. to cllenl; phone conrlrence .Ilh Aod Greene:
corre.pondence to Aoberl Elicker: phone conrerenct .Ilh
client,
09/03/96 AVL Preparallon or e,hlbll. ror hearing: rill revle.,
09/04/96 AVL Aevle. ra. rrOlll Commerce Bank; prtparatlon ro, hearln9: rtle
review.
09/04/96 LAS Conrerence .Ilh client: ravle. rile In preparation ror
Malter'. hearing,
09/05/96 AVL Ftle revle..
09/05/96 LAS Traval to and rrOlll Carll.le: Attend Ma.ler'. hearing,
09/06/96 AVL Aevle. ra, rrOlll Sam Ande.; phone conrerence. .Ilh cllenl:
rtle revle. regarding eppral.elt: phone conrerence .Ith Aod
Greene: correspondence to Rod Greene.
09/06196 LAS Aevle. ra. rrOlll opposing coun.el.
09/09/96 AVL Phone conrerence. .Ilh ADd Greene: corre.pondence 10 ADd
2.30 287,SO
1.60 200.00
O.SO 87.50
0.20 25,00
0.70 87.50
0,20 35.0D
0,20 25,OD
0,20 35.00
1.00 125.00
1.60 200.00
6,10 762,50
3.00 525.00
8.00 1000.00
7.00 1225.00
1.50 187.50
0.20 35.DD
4295-1-4 Nancy 5. 5te.art
Olvorc.
5t..art. A1e,ander
2222/22/22
lte
PRE-BilLING LEDGER
la.t Updt 10/31/9B
Cut-off 1I/30/9B
Op.n.d 11/18/94
Run Date 12/22/9B
CCA:
RAI:LRS
RA2:
RA3:
Fee BCC:N
Co.t BCC:N
C. Typel: 4
Ca Type2:
5talus Cd Sal.. Tax N Fin Chg. N
Stmt Fmt Cds +003 5tmt Has. Cd NS
Btlllng Addre.t: 2007 Daybreak Ctrcl.
Harrisburg, PA 17110
Date Emp Ollcrlptlon C-T-O Hrt CP ItOUrl CP S C- T -0 S
11/05/96 AVl Corre~pondcnce to Sam Andes. 0,30 37.50
11/07196 LRS Revle. corre,pondenc. from Attorney Andes. 0.20 35.00
1I/0B/96 AVL Corre.pondenc. to cllenl, 0.30 37.50
11/11/96 AVL Revle. fax from Sam Andes; phon. conf.rence .Ith c11.nt, 0.40 50.00
11114/96 AVL Rev I e. correspondence from lIarry le I ster. 0.20 25.00
11/18/96 AVL Correspondence 10 clIent r.gardlng tctuary bill, 0,30 37,50
11/21/96 AVL Revle. Sam Andes sett lemont propoSAl: preperat Ion for meeting
.Ilh clIent: meetIng .Ith client. 3,00 375.00
11/24196 AVL Prepa,'aUon of settlemenl proposal: co"..pondtnce 10 Sam
Andes. 0.60 75.00
11125/96 AVL Revla. selllement proposal: correspondence to cltent. 0.90 112.50
11/27/96 AVL Settlement proposal fln.llzed, 0.30 37.50
---................
TottI FEES 220.70 6,50 B22 . 50 2865B.00
..--..........-....
Page 2
SMIGEL, ANDERSON & SACKS
Services
september 4, 1996
(4295-1-4)
Amount
Nancy S. Stewart
ReI Divorce
Date
02/01/95
02/06/95
02/24/95
03/15/95
03/15/95
03/15/95
03/16/95
03/16/95
03/16/95
03/17/95
03/17/95
03/20/95
03/20/95
03/20/95
03/22/95
03/23/95
03/30/95
04/01/95
04/05/95
04/07/95
04/07/95
04/10/95
04/10/95
04/11/95
04/11/95
04/11/95
04/12/95
regarding escrow account and delivery of
disbursement.
correspondence to Attorney Andes.
Review correspondence from Attorney
Andes.
Review correspondence from Attorney
Andes.
Review correspondence and figures; case
review.
Preparation of income and expense
statement.
Conference with client; review file.
Correspondence to Attorney Andes.
Memo to file. .
Phone conference with client regarding
new information.
Review information from client.
Memo to file.
Review correspondence from client.
Correspondence to client.
Phone conference with opposing party
regarding settlement proposal.
Phone conference with client; review
file.
Phone conference with opposing counsel
regarding proposal.
Review correspondence from Attorney
Andes.
Review file; preparation of response to
opposing counsel.
Correspondence to client; correspondence
to opposing counsel.
Phone conference with client; review
file.
Review information from client.
Phone conference with Attorney Vaughn
and client regarding income tax returns
for 1994.
Preparation of Tax Indemnification
Agreement; correspondence to opposing
counsel.
Phone conference with Attorney Vaughn
and client.
Review correspondence from client
regarding paystubs.
Memo to file.
Phone conference with opposing counsel;
review file; phone conference with
Page 3
SMIGEL, ANDERSON & SACKS
Services
september 4, 1996
(4295-1-4 )
Amount
Nancy S. stewart
Re: Divorce
Date
04/12/95
04/12/95
04/13/95
04/13/95
04/13/95
04/18/95
04/20/95
04/21/95
04/24/95
04/24/95
04/26/95
04/28/95
04/28/95
05/02/95
05/03/95
05/03/95
05/03/95
05/12/95
05/15/95
05/16/95
05/17/95
05/17/95
05/17/95
05/17/95
OS/23/95
OS/23/95
client regarding tax letter.
Review correspondence from Attorney
Vaughn.
Review summary from client regarding
abuse by opposing party.
Review file.
Case review.
Conference with client regarding tax
returns and discovery.
Review 1994 tax returns.
Review file.
Phone conference with client.
Phone conference with client; research
support question.
Correspondence to opposing counsel;
draft Motion for Production of Documents.
Revise Motion for Discovery; draft
Answer to complaint; revise
correspondence to opposing counsel.
Review correspondence from prior
attorney.
Revise correspondence to Attorney Andes;
revise pleadings.
Phone conference with client.
correspondence to client regarding
verification.
Review tax return; case review; phone
conference with cumberland county Court
Administratorj phone conference with
client; finallze drafts.
Review file regarding alimony pendente
lite and support.
Review notice of Domestic Relations
conterence.
preparation of Petition for Alimony
Pendente Lite and Order.
Review correspondence from opposing
counsel.
correspondence to Prothonotary and
opposing counsel regarding motion for
discovery.
Phone conference with client.
correspondence to correspondence to 1;
correspondence to opposing counsel.
Review file regarding support.
correspondence to opposing counsel
regarding answer to divorce complaint.
Review client's notes and memos; support
Page 4
SMIGEL, ANDERSON & SACKS
Services
September 4, 1996
(4295-1-4)
Amount
Nancy S. stewart
Rei Divoroe
Date
OS/23/95
OS/24/95
OS/24/95
OS/25/95
OS/25/95
OS/26/95
05/31/95
06/05/95
06/07/95
06/08/95
06/08/95
06/12/95
06/12/95
06/15/95
06/16/95
06/16/95
06/19/95
06/20/95
06/21/95
06/21/95
06/21/95
06/29/95
07/07/95
07/12/95
07/12/95
07/13/95
07/14/95
07/18/95
07/18/95
07/24/95
07/25/95
calculation for meeting; case review.
Conference with client regarding support.
organize file; draft interrogatories.
Phone conference with client regarding
automobile problems.
Review file.
correspondence to opposing counsel.
Review file in preparation for hearing;
attendance at hearing; correspondence to
opposing counsel; memo to file.
Revise interrogatories.
Preparation of interrogatories.
Review correspondence from opposing
counsel regarding answer.
Correspondence to client regarding
support order.
Review order of court.
Review correspondence from opposing
counsel regarding answer to motion for
discovery.
Review interrogatories.
Correspondence to client.
correspondence to opposing counsel
regarding interrogatories;
correspondence to Prothonotary regarding
certificate of Service regarding
interrogatories.
Review interrogatories.
Draft Answer to New Matter.
Phone conference with client.
Case review; correspondence to client.
Review file.
Review correspondence from opposing
counsel.
Correspondence to Judge Hess.
correspondence to client.
Review correspondence from Judge Hess
regarding Order.
Phone conference with client regarding
status.
Memo to f 11e.
Review file; draft spreadsheet of assets.
Review correspondence from Attorney
Andes regarding tax returns.
correspondence to client.
Review file in preparation of evaluation
of assets.
Review inventory.
SMIGEL, ANDERSON & SACKS
Paq. 5
Nancy S. Stewart
ReI Divorce
Date
September 4, 1996
(4295-1-4)
07/26/95
07/27/95
07/27/95
07/27/95
07/28/95
07/28/95
07/31/95
08/01/95
08/01/95
08/01/95
08/02/95
08/02/95
08/03/95
08/03/95
08/08/95
08/09/95
08/28/95
08/29/95
08/30/95
08/30/95
08/30/95
09/07/95
09/08/95
09/11/95
09/12/95
09/21/95
09/26/95
09/26/95
09/28/95
Services
Review file, schedule assets.
Review file; phone conference with
client regardIng support and assets of
opposing party available for support and
equitable distribution.
Review file; preparation of asset
spreadsheet. draft Inemo to file.
Prepare Motion to Compel and Request for
sanctions.
Review correspondence from Attorney
Andea to Judge Hess.
Phone conference with client; draft memo
regarding assets.
Draft Motion to Compel Answers to
Interrogatories.
correspondence to Attorney Andes.
Review partnership returns; review file.
Review file.
Review correspondence from opposing
counsel; phone conference with client.
Review correspondence from opposing
counsel.
Review file regarding assets; review
inventory; attend hearing.
Travel to and from Carlisle; Attend
hearing before Judge Hess regarding
discovery motions.
Review Order regarding Motion to take
Discovery and Compel.
Phone conference with client.
Phone conference with client;
correspondence to opposing counsel.
Phone conference with client.
=ph client.
Review correspondence from opposing
counsel; review Answers to
interrogatories.
Correspondence to client.
Review answers to interrogatories.
Phone conference with client.
Review file; case review.
correspondence to Attorney Andes.
Phone conference with client.
Review correspondence.
Review correspondence from Attorney
Andes.
correspondence to client; correspondence
to Attorney Andes; review assets
Amount
Page 6
SMIGEL, ANDERSON & SACKS
Services
September 4, 1996
(4295-1-4)
Amount
Nancy S. Stewart
ReI Divorce
Date
09/29/95
10/04/95
10/05/95
10/05/95
10/06/95
10/09/95
10/10/95
10/13/95
10/18/95
10/27/95
10/27/95
10/30/95
11/01/95
11/02/95
11/02/95
11/03/95
11/03/95
11/03/95
11/03/95
11/06/95
11/07/95
11/07/95
11/08/95
11/08/95
11/08/95
11/09/95
11/09/95
11/09/95
11/10/95
11/13/95
11/21/95
11/22/95
11/27/95
information from opposing counsel.
Case reviewl' phone conference with
client; rev ew interrogatories.
Phone conference with client; prepare
Motion to Comple Answers/Take
Depositions.
Review letter regarding requests.
Review correspondence from client (No
Charge).
Phone conference with Ray Joyce; revise
requested information.
Review correspondence from opposing
counsel regarding B.R. Williams heirs
information.
Review motion; check local rules;
correspondence to clientl. revise motion.
Phone conference with cl ent.
Revise order.
correspondence to client and Attorney
Andes; case review.
Receipt and review of rule to show cause.
File organization.
Phone conference with client.
Telephone conference with Ray Joyce.
Phone conference with Secured Land
regarding title work; memo to file;
review file.
Telephone conference with client.
Telephone conference with Susquehanna
Valley Mortgage.
Telephone conference with Sam Andes.
Review file.
Telephone conference with client; review
file.
Telephone conference with client.
Review fax.
correspondence to Judge Hess regarding
12/7/95 argument date.
Telephone conference with client.
Review file regarding waiver.
Review correspondence from client.
Telephone conference with client.
correspondence to Sam Andes.
Review fax.
Review file for real estate settlement.
Review file.
Phone conference with client.
Phone conference with Lonnie -
Page 7
SMIGEL, ANDERSON & SACKS
Services
september 4, 1996
(4295-1-4)
Amount
Nanoy S. stewart
Re: Divorce
Date
11/27/95
11/28/95
11/29/95
11/29/95
11/29/95
11/30/95
12/04/95
12/05/95
12/05/95
12/05/95
12/05/95
12/05/95
12/06/95
12/06/95
12/07/95
12/07/95
12/07/95
12/07/95
12/07/95
12/07/95
12/08/95
12/08/95
12/08/95
12/08/95
12/08/95
12/12/95
12/15/95
01/05/96
susquehanna Valley Mtg; phone conference
with Secured Land.
Review restrictions' case review.
Phone conference with Nancy, Caldwell
Bank.
Phone conference with Roger Swegger
regarding settlement.
Phone conference with Nancy, Caldwell
Bank; phone conference with client;
phone conference with secured Land;
phone conference with M. Joyce, Caldwell
Bank.
Phone conference with client; review
file in preparation for argument on
discovery.
Telephone conference with Lonnie at
Susquehanna Valley Mortgage.
Phone conference with Lonnie at
Susquehanna Valley Mortgage.
Phone conference with Lonnie at
Susquehanna Valley Mortgage.
Prepare for argument before Judge Hess.
Review fax.
Phone conference with Lonnie at
Susquehanna Valley Mortgage.
Phone conference with Mr. Disuza
Phone conference with Lonnie Kerr.
Prepare for Argument.
Phone conference with client.
Prepare for Argument.
Phone conference with client.
Phone conference with shirley at Secured
Land and Title.
Attend Argument in Cumberland county.
Review fax regarding settlement.
Review proposed deed and settlement
documents.
Phone conference with client.
Attend settlement with LeRoy smigel.
Review fax from Secured Land Transfersl
review revised fax from Secured Land
Transfers.
Attend real estate closing (No Charge).
Review Order regarding motion to compel
answers.
correspondence to client.
correspondence to client regarding
itemized bill. (No Charge).
Page 8
SMIGEL, ANDERSON , SACKS
Services
September 4, 1996
(4295-1-4 )
Amount
Nancy S. stewart
ReI Divorce
Date
01/12/96
01/12/96
01/17/96
01/17/96
01/19/96
01/19/96
01/30/96
02/01/96
02/01/96
02/02/96
02/07/96
02/07/96
02/07/96
02/08/96
02/08/96
02/09/96
02/09/96
02/09/96
02/10/96
02/12/96
02/12/96
02/12/96
02/13/96
02/13/96
02/19/96
Meeting with client; revise inventory;
review file in preparation for meeting.
Conference with client regarding status
of discovery efforts and preparation for
Master's hearing.
Review correspondence from Attorney
Andes regarding deposition dates for
William Wire.
Review file regarding CPA deposition.
Review correspondence from Divorce
Master.
correspondence to opposing counsel
regarding William Wire deposition.
Review correspondence from Attorney
Andes.
correspondence to opposing counsel
regarding 1099.
Review file regarding deposition of CPA.
Phone conference with Attorney Sam Andes.
correspondence to Sam Andes regarding
deposition.
Draft pre-trial statement; telephone
conference with Bill Wire to confirm
deposition; telephone conference with
cHent.
correspondence to Andes.
File review in preparation for
deposition of Bill Wire; attend
deposition.
Review file in preparation for
deposition; attend deposition of william
Wire.
Review correspondence from Sam Andes.
File review - options for property.
Memo to file.
Revise Pre-Trial Statement.
Telephone conference with Janet Moreau;
revise Pre-Trial Statement and
attachments.
Review fax from client.
correspondence to client regarding
prebill (No Charge).
Telephone conference with client;
correspondence to Sam Andes;
correspondence to Bill Wire.
correspondence to Robert Elicker
regarding pre-trial statement.
Review correspondence from opposing
Page 9
SMIGEL, ANDERSON & SACKS
Services
september 4, 1996
(4295-1-4)
Amount
Nancy S. Stewart
ReI Divorce
Date
02/20/96
02/23/96
02/23/96
02/26/96
02/26/96
02/28/96
02/28/96
03/04/96
03/04/96
03/08/96
03/13/96
03/13/96
03/15/96
03/25/96
03/31/96
04/01/96
04/04/96
04/09/96
04/10/96
04/16/96
04/17/96
04/22/96
04/29/96
05/02/96
05/04/96
05/06/96
counsel regarding escrow interest;
review correspondence from opposing
counsel to Master; review pretrial
statement.
Telephone conference with Prudential
Real Estate Agency; correspondence to
client.
Review correspondence from Robert
Elicker; correspondence to client.
Phone conference with client.
Review correspondence frQm Janet Moreau;
correspondence to client.
Review correspondence from opposing
counsel regarding Plaintiff's 3301(d)
affidavit.
Review file; correspondence to client.
Review correspondence from Attorney
Andes.
File review; preparation of
Counter-Affidavit.
Review transcript of William wire
deposition.
Review correspondence from client.
Telephone conference with client.
correspondence to prothonotary regarding
counter-affidavit.
Review correspondence from Bill Wire.
Review correspondence from opposing
counsel regarding S&T Bank and Advest,
Inc. statements.
correspondence to client.
Review correspondence from client.
Review correspondence from Sam Andes.
correspondence to Sam Andes;
correspondence to client.
Review file; review husband's personal
assets for information request for
Master's pre-hearing conference.
Review deeds and tax assessment
information.
Phone conference with client.
Review file; review information from
client.
Correspondence to client.
correspondence to Sam Andes.
Review file in preparation for
pre-hearing conference.
Attend pre-hearing conference before
Page 11
SMIGEL, ANDERSON & SACKS
Nancy S. Stewart
Re: Divorce
Date
Payments
september 4, 1996
(4295-1-4)
Amount
12/31/94 Payment applied.
01/31/95 Payment applied.
02/28/95 Payment applied.
03/31/95 Payment applied.
04/30/95 Payment applied.
05/31/95 Payment applied.
10/06/95 Payment received. Thank you.
12/13/95 Payment received. Thank you.
01/16/96 Payment received. Thank you.
subtotal for PAYMENTS only: 07/31/96
'1615.00
437.50
210.00
1180.00
1380.00
132.50
200.00
150.00
400.00
-----------
$5705.00
-----------
Total due
$14819.75
===========
Date Trust activity Amount
12/20/94 Trust Deposit: 2000.00
12/29/94 Trust Deposit: 3000.00
12/31/94 Trust Disbursement: Smigel, Anderson &
Sacks legal fees 1615.00-
01/31/95 Trust Disbursement: smigel, Anderson &
Sacks legal fees 437.50-
02/28/95 Trust Disbursement: Smigel, Anderson &
Sacks legal fees 210.00-
03/31/95 Trust Disbursement: Smigel, Anderson &
Sacks legal fees 1180.00-
04/30/95 Trust Disbursement: smigel, Anderson &
Sacks legal fees 1380.00-
05/15/95 Trust Disbursement: Filing fee 45.00-
05/31/95 Trust Diabursement: Smigel, Anderson &
sacks legal fees 132.50-
-----------
Change in TRUST BALANCE: 07/31/96 $0.00
-----------
Transactions after the 1st will appear on next statement.
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42fS.lo4IAVU,..,ANIWIlI TO DlVOICE COMPLAINTINq', 1"5
ALIIAHDIR B. 8TOART, I IN TBI COURT or COKMON PLIA8
plaintiff I CUKBIRLAND COUNTY, PINN8YLVANIA
I
V. I NO. 94-2553 CIVIL TIRM
I
NANCY 8. 8TDART, I CIVIL ACTION - LAW
Defendant I IN DIVORCI
ANSWER
1. Admitted.
"
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
II. Denied.
7. No response is required.
8. No response is required.
~
AND NOW comes Defendant/Plaintiff in counterclaim, NANCY S.
STEWART, by and through her counsel, SMIOIL, ANDERSON' SACKS, and avers
as follows:
COUNT I
EOUITABLE DISTRIBUTION
9. Defendant/Plaintiff in Counterclaim repeats and realleges
the averments of paragraphs 1 through 8 which are incorporated by
reference herein.
10. Plaintiff and Defendant possess various items of both
real and personal marital property which is subject to equitable
distribution by this Court.
WHERErORE, Defendant/Plaintiff in Counterclaim requests this
Court to equitably distribute the marital property after an inventory
and appraisement has been filed by the parties.
COUNT II
ALIMONY UNDER SECTION 3701 or THE DIVORCE CODE
11. Defendant/Plaintiff in Counterclaim repeats and realleges
the averments of paragraphs 1 through 10 which are incorporated by
reference herein.
12. Defendant/Plaintiff in Counterclaim requires support to
adequately maintain herself in accordance with the standard of living
established during the marriage.
WHEREroRE, Defendant/Plaintiff in Counterclaim requests the
Court to award her reasonable alimony pursuant to Section 3701 of the
Divorce Code.
COUNT III
ALIMONY PENDENTB LITE. COUNSEL rEES. COSTS AND
EXPENSES UNDER SECTION 3702
13. Defendant/Plaintiff in Counterclaim repeats and realleges
the averments of paragraphs 1 through 12 which are incorporated by
reference herein.
- 2 -
SMIGIel" ANDlmSON & SACKS
ATTORNEYS AT LAW
L.eROY SMIGEL
C, LEE ANDERSON
STUART a. SACKS
JOHN W. 'ROM MER
JOBEPH S. D'AMICO
ANN V. LeVIN
HEAn-l[R D. Roven
E. Robert Elicker, II
Office of Divorce Master
Cumberland County
9 North Hanover street
Carlille, PA 17013
2917 NORTH rRONT STREET
HARRISeURG, PENNSYLVANIA 17110-1223
17171 234.2401
,AK 17171134.3811
'ILE NO
4295-1-4
May 17, 1996
Re: stewart v. stewart
No. 94 - 2553
Dear Mr. Elicker:
Pursuant to your instructions in your Pre-Hearing Conference
Memorandum of May 6, 1996/ I am writing to inform you that we
will not require a separate hearing to address the issue of
marital misconduct. AI you are aware, marital misconduct is only
one of 14 factors considered in determining whether an award of
alimony is appropriate. If the issue is raised, the testimony
will be very brief and we believe can be handled within the
context of a hearing on equitable distribution. I do not intend
to bring any witnesses but will address questions individually to
both parties.
In regard to moving forward with the divorce, we are
agreeable to proceeding under Section 3301(d).
Therefore, the exi8ting spousal support order will have to
be converted to an alimony pendente lite order. Please be
advised that a correction needs to be made as to Mrs. stewart's
employment. She is still employed with the Department of
Transportation but with the Operations Review Group.
The additional information which we are to exchange with Mr.
Andes is being compiled and will be forwarded to him shortly. We
anticipate that Mr. Andes will be forwarding the information we
need as well in a short period of time.
Thank you for your attention to this matter.
veri trul~our~,
~~~ 4::J
Ann V. Levin
AVL:kld
cc: Nancy Stewart
H. STEWART,
PLAINTIFF
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2553 CIVIL TERM
v.
NANCY S. STEWART,
DEFENDANT
CIVIL ACTION - DIVORCE
DEFENDANI"S PRE-TRIAL STATEMENT
PER Pa.R.C.P. 1920.33(b)
AND NOW, comes Defendant, Nancy S. stewart, by and through her
counsel, Smigel, Anderson' Sacka, and reapectfully aubllita thi. Pre-
Trial Statellent as follows:
1. ASSETS - See attached Inventory and Appraisement.
2. IIPERTS - Plaintiff anticipate. the need to call the
following:
None are anticipated at thi. time but Defendant reservea the
right to supplement this Pre-Trial Statement.
3. WITHISSI. - Plaintiff and Defendant. Defendant re.erve. the
right to supplement this statement as necessary.
4. IIBIBIT. - Statements verifying variou. account balances.
Defendant reserves the right to supplement the list of
exhibits.
5. INCOME INFORMATION - Please see attached Income and Expense
Statement.
t. IIPEHSI .TATINEHT - Please see attached Income and Expense
Statement.
7. PINSION,RETIRINEHT BINEFIT. - Please see attached Inventory.
8. COUNSIL FII. - Defendant haa incurred counsel fee. in the
amount of $14,540.50. Defendant incurred approximately
$3,500 in legal fees with prior counsel. Defendant believes
that a majority of her legal fees were incurred as a result
of Plaintiff's obdurate and vexatious behavior. Defendant
il without sufficient funds to pay these legal fees and
therefore believes that Plaintiff should be responsible for
them.
t. ITIM. IN DISPUTI - Di.tribution of all marital a.set. i. in
dbpute.
10. MARITAL DEBT' - No joint liabilities exi.t.
11. PROPO.ID RESOLUTION - Defendant propo.e. that there be a
60/40 distribution of asset.. Defendant i. entitled to 60t
of the a..etl due to the long-tera nature of the aarriage
and Plaintiff'. ability to acquire additional a..et. in the
future, particularly in light of hi. interest in the B.R.
Willia.s Heirs partnership. Plaintiff ha. an 11.1' interest
in the partnership which ha. .ignificant real e.tate
holdings. The proporties generate rental income for the
partners. Additionally, there exi.t. acre. of undeveloped
land.
Defendant is without sufficient funds to appraise these
propertie. but the value a..igned to the. by Plaintiff is
co.pletely inaccurate. Two of the properties have been
.old. One property wa. sold for an increase in value of
greater than loot of itl apprai.ed value in 1988. The lale
took place between 1992 and 1994. Plaintiff will certainly
share in the proceed a obtained from the future aale of the
Partnerahipa property. Some of the real eatate i. currently
aated for .ale.
In addition, Defendant is entitled to alimony. Thi. alimony
.hould be awarded for a minimum of aeven year. baaed on the
length of the partiel marriage. Defendant aupported
Plaintiff throughout the .arriage and he reaponded by
humiliating Defendant. Alimony i. appropriate given the
circu..tance. of thi. case which will be .et forth .ore
fully at the Malter'. hearing on this .atter.
Re.pectfully sub.itted,
.MIOIL, ANDERSON I 'ACK'
-J 'I J ~'-_.
By: ,-n..,J 'e~)
Roy smige , Esq~re
1.0. 109617
Ann V. Levin, Esquire
1.0. #70259
2917 North Front street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
- 2 -
.
ALEXANDER H. STEWART, . IN THE COURT OF COMMON PLEAS
.
PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . NO. 94-2553 CIVIL TERM
.
NANCY S. STEWART, .
.
DEFENDANT CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
I, Ann V. Levin, Esquire, hereby certify that I have this date
served a true and correct copy of the foregoing Pre-Trial Statement
upon counsel for Plaintiff by depositing the same in the United states
Mail, first class, postage prepaid, addressed as follows:
Saauel L. ADde., ..quire
525 North 12th .treet
Lemoyne, PA 17043
SMIGEL, ANDERSON I .ACI.
Date: ,J. I J. 9 b
It!
Sm gel,
1.0. #09617
Ann V. Levin, Esquire
1.0. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
AttorneYI for Defendant
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ALEXANDER H. STEWART, I IN THE COURT OF COMMON
Plaintiff I PLEAS OF CUMBERLAND COUNTY,
I PENNSYLVANIA
I
vs. I CIVIL ACTION - LAW
)
I NO. 94-2553 CIVIL TERM
NANCY S. STEWART. )
Defendant I IN DIVORCE
PI.AINTIFF' 9 PRE-TRIAL RTATRMRNT
Plaintiff. by his attorney, Samuel L. Andes, files this Pre-Trial
Statement in accordance with Pa. R.C.P. 1920.33(b):
1. AS8ETS OF THE PARTIES. A liut of the marital assets of the
parties is attached hereto and marked as Schedule A. A list of the
non-marital assets of the parties is attached hcrdto and marked as
Schedule B.
2. BXPERT WITNESSES. Plaintiff hopes that experts will not be
necessary because the parties will be able to reach some agreement as to
the value of their assets. In the event they cannot reach such an
agreement, he reserves the right to call the following expert witnesses:
A. A real estate appraiser to establish the value of real
assets owned by n.R. Williams Heirs, a family partnership in
which he owns a 11.1\ interest and which. in turns, owns real
estate in Indiana. Pennsylvania.
B. An accountant or other financial expert to value his
interest in the partnership.
C. An actuary to establish the value of Wife's pension
with the Commonwealth of Pennsylvania.
3. FACT WITNESSES. At the present time, Plaintiff only intends to
I call himself as a witness. If a dispute arises over the value of his
II
I
interest in the family partnership, or the status of any other assets as
marital property, he reserves the right to call fact witnesses who can
testify about how he came into ownership of the assets which he claims to
be non-marital.
4. BXHIBITB. The Plaintiff intends to offer into evidence the
following exhibits:
A. The parties' income tax returns for the past five
years.
B. Documents establishing the value of various investment
accounts at the time of the hearing.
C. Copies of tax returns, financial statements, and other
documents relating to B.R. Williams Heirs, the family
partnership in which Husband owns a small interest.
D. Copies of bank statements, inheritance tax returns,
and other documents regarding his acquisition of non-marital
assets, to the extent they become necessary at the hearing.
E. Documents describing and relating to the S50,OOO.00
borrowed by Husband from his aunt, which debt has not yet been
repaid.
5.
INCOMB BTATBMBNT. Attached hereto is an Income and Expense
for Husband showing his gross income from all sources and his
,
II Statement
I expenses.
I 6.
,
i Statement
I
BXPBNBB BTATBMBNT. Attached hereto is an Income and Expense
for Husband ahowing his groas income from all sources and his
i expensea.
,
7. PBNBION AND RETIREMBNT BBNBFITB. Moat of the retirement
I
I benefits owned by the parties arc individual retirement accounts which
can eaaily be valued by conaulting the moat recent statements which will
Dhow the balance in the accounts at the time of the hearing. Wife's
pension with the Commonwealth of Pennsylvania will have to be valued by
an actuary. Plaintiff hopes that such an appraisal can be obtained and
the parties can stipUlate as to the value of the marital portion of
Wife's retirement with the Commonwealth.
8. COUNSBL FBB8. Plaintiff has made no claim for counsel fees up
to this point in time.
9. TANGIBLB PER80NAL PROPBRTY. Plaintiff believes the parties have
divided their tangible personal property by agreement and that there is
no remaining dispute as to those items.
10. MARITAL DEBTS. The only significant marital debt to
Plaintiff's knowledge is a loan of $50,000.00 which he made from his
aunt, Jane Beyler, on which he presently owes the full principal balance
and accrued interest.
ll. PROP08ED RBSOLUTION. Plaintiff proposes the following
resolution:
A. Because the value of the retirement and individual
retirement accounts owned by each of the parties is essentially
equal, he proposes that each of the parties retain those
retirement assets as their own.
B. He proposes that each party retain their non-marital
property free of any claim from the other. He believes that
the only non-marital asset which has any marital value at all
is that small portion of his interest in B.R. Williams Heirs.
C. He proposes that the proceeds from the sale of the
house be divided equally.
D. Husband will assume sole responsibility to pay the
debt owed to Jane Beyler in exchange for Wife waiving any claim
to the small portion of his interest in B.R. Williams Heirs
II which may be marital property.
II
II
RCHRnULB A .=. MAIlITAI. PROPERTY
DATE OP IWlIT... AIIIlUIIT OP
ASSET VALUE VALUATION PORTION LIENS LIEN
Proceeds fro. s81e of $88.000,00 12/9~ 100' None N/A
residence (approx,) known
Wife's pension with $28,024.00 12/93 100\ None N/A
COllllonwed th of (est.) (NOTE: known
Pennsylvania an appraisal
of this asset
is required)
Husband's IRA's:
Advest $20,606.00 4/94 100\ None N/A
known
National Bank of the $6,346,00 12/93 100\ None N/A
COlllllonwealth known
Fidelity Hutual Fund $7,461. 00 12/93 100\ None N/A
known
Wife's IRA with $6,009,00 3/94 100\ None N/A
Fidelity Hutual known
Wife's Vanguard $4,800,00 12/93 100\ None N/A
i Hutual Fund Account known
I Ohio State Life $422.00 10/93 N/A
Unknown None
Insurance Policy on known
Husband's life
II Interest in B.R. Unknown 12/93 Approx. Note owed $50,000.00
Willia.s Heirs 2.33\ was to
Ii partnership purchased lIusband's
II by lIusband aunt
I during the
marriage
II
BCHRDULE 11 :. NON-MAnTAI. PROPERTY
DATE OF AMOUNT OF
ASSET VALUE VALUATION LIENS LIEN
Interest in B.R. Unknown 12/93 This $50,000.00
Williams Heirs interest
Partnership is also
subject to
the note
owed to
Husband's
aunt
Advest Accounts:
Cash account $205.00 1/94 None known N/A
Money Market $17,793.00 1/94 None known N/A
Account
Priced $30,812.00 1/94 None known N/A
Securities
Account
Husband's stock $3,241.00 3/94 None known N/A
in Westinghouse
Electric Corp.
(:102.3197
shares)
Vanguard Mutual
Funds:
Prime Portfolio $765.00 2/93 None known N/A
Equity Income $2,673.00 12/93 None known N/A
Fund
Wife's Advest $8,423.00 3/94 None known N/A
stock account:
North Telecom
,
I
I
UP...
Attached hereto and marked as Exhibit 8 is a list of Plaintiff's
monthly expenses.
I understand that false statements herein are made sUbject to the
penalties of IB Pa. C.B. 4904, relating to unsworn falsification to
authorities.
DATE I
ALEXANDER H. STEWART
2
~iP~w.aw""~~~ll~S i
0028-1IB4
FREYSINGER PONTIAC INC
6251 CARLISLE PIKE
MECHAHICS8URG. PA 17055
The chert below Indicates your 1995 voluntary payroll adjustments whIch ere Included (+).
eKcluded (-). or dId not aFfect (N/A) your federal wages (80K I) end stete wagel.
FEDERAL WITHHOLDING EXENPTIONS
PA WITHHOLDING EXEMPTIONS
REGULAR WAGES for 1995
VOLUNTARY ADJUSTMENTS VTD AMOUNT FEDERAL WAGES PA WAGES
4DIK 859.36 -859.36 N/A
tAF-IDBL 187.72 -187.72 N/A
VISINtAF 8.69 -8.69 N/A
DENTLtAF 38.17 -38.17 NIA
S 0
S 0
2B645,62
ALEXANDER STEWART OD4B-I00003
PAYROLLS BY fIIOCHEX' 96025
Form W-2 Waga and Tax SIatam8nt 1996
Cop~ C, 'D' Illploy,,'. record,
135,._11I. Ill' ,13
o 859.38
. .....'."1..'.'.1"...."..._.
161-34-0806
I. Ol"
PASUI 31. 49
IIIIllfllI 01 lilt unify a II\I"NI R,wrrut
(1M No. IUHOlI
rIIllClIO}~,~."'tIl.1IWI1IPco4t
FREySINGER PONTIAC INC
6251 CARLISLE PIKE
MECHANICSBURG PA 17055
f1,lt.
, IIlCIO~'" 1I1Int, "hn. "" [N'
ALEXANDER STEWART
2826 MER ION ROAD
CAMP HILL PA 17011
.v..'.lipt,OIIltfC!!'1*ll!IIOll
27551.68
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28411.04
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288.45
t"'.""_,....tlt"'l'."....'If\lleNIf'II."IIkt..""'"...ct
. .
ALEXANDER H. STEWART, . IN THE COURT OF COMMON PLEAS
.
Plaintitt . CUMBERLAND COUNTY, PENNSYLVANIA
.
I
V. I NO. 94-2553 CIVIL TERM
I
NANCY S. STEWART, .
.
Defendant . CIVIL ACTION - DIVORCE
.
RULE TO SHOW CAUSE WHY MOTION
SHOULD NOT BE GRANI'ED
AND NOW, this Flllj day of ('( r' I,ll< ( i. )
, 1995,
upon consideration of the Petition for Special Relief, it is hereby
ordered that Plaintiff show cause why, if any/ the Petition for Special
Relief should not be granted. III ,t'" (., ~(o 1(, d he
" iI/'I' 0" ,{'
RULE RETURNABLE/the(/ II I day of 12f1}l/ 1'1 fa" v , 1995,
in Court Room i of the Cumberland County Court House, Carlisle,
Pennsylvania, <<( ...;;:((/1/))
BY THE COURT,
J.
ALEXANDER H. STEJ'/ART, t IN THE COURT OF COMMON PLEAS
Pla.tntitt . CUMBERLAND COUNTY, PENNSYLVANIA
.
t
V. . NO. 94-2553 CIVIL TERM
.
.
.
NANCY S. STEWART, .
.
Defendant . CIVIL ACTION - DIVORCE
.
ORDER OF COMPLIANCE AND SANCI10NS
FOR FAILURE TO ANSWER INTERROGATORIES
AND NOW, this day of
, 1995,
upon consideration of the Petition for special Relief of Defendant by
her attorneys, LeRoy Smigel, Esquire and Ann V. Levin, Esquire, in
accordance with Pa. R.C.P. 4019, the Court finds that Plaintiff has
wilfully violated the Pennsylvania Rules of civil Procedure and that
such violation justifies the entry of this Order, and therefore, orders
as follows:
1. Plaintiff is hereby directed to answer the interrogatories
within ten (10) days of the Order of this Court.
2. Plaintiff, as a disobedient party, is hereby prohibited
from supporting or opposing designated claims or defenses and prohibited
from introducing into evidence designated documents, or testimony under
Pa. R.C.P. 4019(c) (2) 1 and
3. Plaintiff is hereby directed to pay to Defendant the
reasonable expenses including attorney's fees incurred in obtaining this
Order of Compliance and Order for sanctions in accordance with Pa.
R.C.P. 1940.l9(g) (1).
ALEXANDER H. STEWART, . IN THE COURT OF COMMON PLEAS
.
plalntltt . CUMBERLAND COUNTY, PENNSYLVANIA
.
:
v. . NO. 94-2553 CIVIL TERM
.
.
.
NANCY S. STEWART, .
.
Defendant . CIVIL ACTION - DIVORCE
.
PETITION FOR SPECIAL RELffiF
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW, comes Defendant, Nancy S. Stewart, by her
attorneys, smigel, Anderson & Sacks, and avers as follows:
COUNT I
1. Plaintiff is Alexander H. stewart who filed a Complaint
for Divorce on or about May 4, 1994 seeking a divorce under S3301(c) or
(d) of the Divorce Code.
2. Defendant is Nancy S. stewart who filed an Answer to the
Divorce Complaint on or about May 19/ 1994, seeking alimony, alimony
pendente lite, counsel fees, costs and expenses and equitable
distribution.
4005,
3. In accordance with Pa. R.C.P. 1920.22(b) and Pa. R.C.P.
Defendant's attorney served upon Plaintiff's attorney
Interrogatories seeking the appropriate financial information deemed
necessary to resolve the above claims. Service of said Interrogatories
was made on Defendant's counsel on June 16/ 1995.
4. Defendant filed a Motion for LeaVe to Take Discovery on
May 25, 1995. A hearing on this Motion was held on August 3, 1995
before the Honorable Judge Hess.
5. As a result of this hearing, Plaintiff was ordered to
produce documents and answer the outstanding Interrogatories. At the
time of the hearing, the Interrogatories were almost thirty (30) days
overdue. Plaintiff never objected to the Interrogatories and the Court
did not limit the number of Interrogatories to be answered.
6. Plaintiff filed Answers to Interrogatories on August 29,
1995. These Answers are incomplete to the extent that Plaintiff failed
to answer Intorrogatories 10 and 11. Plaintiff should not be permitted
to raise objections at this point in time.
WHEREFORE, Defendant requests the Court to enter an Order
under Pa. R.C.P. 4019:
A. Directing Plaintiff to answer Interrogatories
10 and 11 within ten (10) days of the Order of this
Court and to produce all information requested in
the interrogatories so that Defendant's accountant
may review the same.
B. Refusing to allow Plaintiff, as a disobedient
party, to support or oppose designated claims or
defenses and prohibiting him from introducing into
- 2 -
evidence designated documents or testimony under
Pa. R.C.P. 4019(0) (2).
c. ordering Plaintiff to pay Defendant the
reasonable expenses/ including attorney's fees
incurred in obtaining the Order of compliance and
Order of Sanctions, in accordance with Pa. R.C.P.
4019 (g) (1) .
D. Granting such Sanction Order with regard to the
failure to answer Interrogatories as is just under
Pa. R. c. P. 4019 (c) (5) .
COUNT II
7. Defendant repeats and realleges the averments of
paragraphs 1 through 6 which are incorporated by reference herein.
B. Discovery is required to determine the nature and value
of the marital assets in this case.
9. Defendant has made repeated requests of Plaintiff for
information. Plaintiff's refusal to answer certain Interrogatories is
evidence of Plaintiff's unwillingness to cooperate in the open exchange
of information in this case.
10. It is alleged that if Defendant were permitted to take
depositions of Plaintiff and other third parties, information could be
more easily obtained and Defendant would be better equipped in preparing
her case.
- 3 -
10. A. Please list and completely identify, as "identify"
is defined herein, all financial accounts and assets and inveetments of
any nature whatsoever which are or have been owned, possessed or
controlled by you individually or jointly with any other person or
entity or by another for you in trust or for your benefit, or in which
you claim or have claimed to have an interest of any nature whatsoever,
at this time or at any time during the preceding five (5) years. Your
list must include, but is not limited to, the following assets: all
checking, savings and credit union accounts; certificates of deposit,
time deposits or other deposit assets, savings bonds, treasury notes,
thrift plans, money market funds and assets held in trust; all accounts,
debts or other receivables which are owing to you; any "bearer bonds" or
other debts owed to the holder or bearer of the document evidencing
indebtedness, any corporate or individual bonds, corporate or individual
notes, promissory notes, indentures, debentures or other evidences of
indebtedness to you from any corporation, business, person or entity
whatsoever; any stock, stock options, limited partnerships, securities,
or other ownership interests in any corporation or business not
previously listed; and insurance policies and annuities not previously
listed. Your identification of these assets must include, but is not
limi ted to:
(i) The identity of all obligors or debtors, the amount
of their indebtedness, and the terms of the obligations;
- 19 -
(ii) All account andlor serial numbers I
(Hi) The names and locations of any and all banks,
credit unions, brokerage firms, or other financial institutions in which
you now have or have had such accounts andlor investments;
(iv) The names of any and all account executives who
service or have serviced such accounts; and
(v) The identity of any and all custodians of passbooks,
certificates, etc.
B. Provide the date of acquisition, purchase price or
acquisition values, values at January 29, 1994, and present cash values
for all of the above assets.
c. Identify and state your relation, if any, to any
person or persons who hold any of the above assets jointly with you or
share in any way in the ownership or control of those assets with you.
D. Identify any person or entity to whom any such asset
is pledged or by whom it is encumbered, and state the nature and amount
of any debt or encumbrance.
E. Identify and attach copies of all documents
evidencing or pertaining to the above assets, during the preceding three
- 20 -
11. A. Please list all of your other assets, whether
tangible or intangible, which are owned, possessed or controlled by you
individu~lly or jointly with any other person(a) or entity(ies) or by
another for you in trust or for your benefit, or in which you claim to
have an interest of any nature whatsoever, at this time or at any time
during the preceding five (5) yoars. Your list must include, but is not
limited tOt the following assets: any automobile, motor vehicle,
trailer, camper, mobile home, motorcycle, boat, aircraft or vehicle of
any nature; household furnishings and appliances; equipment; the
contents of any safe deposit boxes; fur coats; jewelry; precious metals
or stones; coin collections; and other tangible personal property assets
in total (additionally specifying any particular item or collections of
items of personal property with a value exceeding $500.00).
B. Provide a complete description of each asset,
including identifying features such as account/ serial, registration or
policy numbers, locations, names of manufacturers and product models or
brand names.
C. Provide the date of acquisition, purchase price or
acquisition values, values as of January 29, 1994/ and present cash
values for the above assets.
D. Identify and state your relation, if any, to any
person or persons who hold any of the above assets jointly with you or
share in any way in the ownership or control of those assets with you.
- 22 -
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ALIDllDIR B. STOUT, . 1M TBI COURT OW COKKOH PLIAI
nabtiff . CUMBIRLAND COUHTY, PIlNHBYLVARU
.
V. . HO. 94-2553 CIVIL TERM
.
MARCY I. STOUT, . CIVIL ACTION - LAW
Dsfendant . IN DIVORCE
RlJLE
AND NOW this l). day of fl7 II "1 , 1995,
upon consideration of the foregoing Motion For Leave To Take Discovery
And To Compel Production Of Documents on Motion of LeROY SMIGEL, ESQUIRE
and ANN V. LEVIN, ESQUIRE, a Rule is hereby issued on plaintiff to show
cause/ if any there be, why this Court should not grant leave to take
discovery, including but not limited to interrogatories and depositions
of Plaintiff as well as third parties to Defendant.
RULI RETURNABLE
20
days from service upon
Respondent.
RULE RBTURNABLE at a hearing to be held on this matter and
scheduled for the
day of
/ 1995, at
o'clock
.m. in Courtroom No. _, Cumberland County
Courthouse, Carlisle, Pennsylvania.
BY THE COURT.
0/-1/1
J.
5. It will be necessary to conduct discovery in this matter
by issuinq Interrogatories and by taking the depositions of the
Plaintiff and various third parties.
6. Defendant seeks that discovery be directed to Respondent
to produce documentation within his possession and control or his
accountant's possession or control on issue of Plaintiff's financial
resources.
7. without said discovery, Defendant will be unable to value
the parties marital assets for which discovery is sought and thus will
be unable to adequately prepare for the trial of this action.
8. Defendant is without sufficient means to pay the costs,
counsel fees and expenses associated with this action and particularly
incident to this Motion and the discovery to be taken.
t. Plaintiff has sufficient means to pay all costs, counsel
fees and expenses associated with this action and particularly incident
to this Motion and the discovery to be taken.
WHBRBFORE, Defendant requests the Court to enter an Order:
(1) Granting Defendant leave to take discovery including but
not limited to interrogatories and depositions of Plaintiff as well as
third parties;
(2) Compelling Plaintiff to produce all of the requested
documents set forth in Exhibit "A" hereto which are within his
possession or control or to which he has access;
- 2 -
ml.I-4/AVU,..tIlOCllMllNTllllQlll1lT/Nal' J, 1991
~
REQUEST FOR PRODUCTION OF DOCUMENfS
INSTRUCTIONS
If you object to any of the following requests on the ground.
that the attorney-client, attorney workproduct or any other privilege is
applicable thereto, with respect to that document:
a. state its date;
b. Identify the author;
c. Identify each person who prepared or
participated in preparation of the documents;
d. Identify each person who received the original
or a copy thereof;
e. Identify each person from whom the documents
or any portion thereof were received;
f. state the present location of the document and
all copies thereof;
g. Identify each person who has ever had
possession, custody or control of it or a copy
thereof; and
h. Provide sufficient information concerning the
document and the circumstances thereof to
explain the claim of privilege and to permit
the adjudication of the property of that
claim.
As referred to herein, "document" shall include written,
printed, typed, recorded, or graphic matter, however produced or
reproduced, including correspondence, telegrams, or other written
communications, date processing storage units, tapes, contracts,
agreements, notes, memoranda, analyses, projections, indices, work
papers, studies, reports, surveys/ diaries calendars, film, photographs,
diagrams, drawings, minutes of meetings, or any other writing (inclUding
copies of any of the foregoing, regardless of whether you are now in
possession, custody or control of the original) now in your possession,
custody or control, your former or present counsel, agents, employees,
officers, insurers, or any other person acting on your behalf, including
accountants or other financial advisors.
ALEXANDER H. STEWART, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
vs )
) NO. 94-2553 CIVIL TERM
NANCY S. STEWART, )
Defendant ) CIVIL ACTION - LAW
) IN DIVORCE
PLAINTIFF'S ANSWER TO DEFBNDANT'S MOTION FOR LEAVE
TO TAKE DISCOVERY
AND NOW comes the above-named Plaintiff, by his attorneys,
Andes, Vaughn & Bangs, and makes the following answer to
Defendant's Motion to Take Discovery:
1. Admi t ted .
2. Plaintiff denies that the parties own "substantial
assets" but acknowledges that there are marital assets with which
the parties must deal in the divorce proceeding.
3. Plaintiff denies that discovery is required, at least at
this time, to determine the nature and value of the marital
property. The averments set out in Plaintiff's New Matter are
incorporated herein by reference.
4. Admitted. By way of further answer, however, Plaintiff
incorporates herein the averments set out in his New Matter.
5. Denied for the reasons set out in Plaintiff's New
Matter.
6. Plaintiff denies that additional discovery is required
at this time for the reasons set out in his New Matter which is
incorporated herein by reference.
7. Denied. The averments set out in Plaintiff's New Matter
are incorporated herein by reference.
8. Denied. Defendant is employed, enjoys earnings almost
as great as that of Plaintiff, and has significant assets within
her unilateral control. By way of further answer, Plaintiff
incorporates herein the averments set out in his New Matter.
9. Denied. Plaintiff does not have unlimited means and
should not be compelled to pay expenses for unnecessary or
unreasonable discovery. The averments set out in Plaintiff's New
Matter are incorporated herein by reference.
WHEREFORE, Plaintiff moves this Court to dismiss Plaintiff's
Motion for Leave to Take Discovery.
NEW MATTER
10. Defendant's Motion for Leave to Take Discovery is
premature at this time for the following reasons:
A. Defendant has failed to exhaust, or even
pursue, the remedies available to her for discovery
under the Pennsylvania Rules of Civil Procedure.
B. The grounds for divorce have not yet accrued
and the parties will not be able to determine and
2
litigate the economic claims in the case until those
grounds have accrued.
ll. Requiring the Plaintiff to provide the discovery
demanded by Defendant will waste Plaintiff's time, effort, and
money, since all of that work will have to be duplicated again
when the grounds for divorce have accrued and the parties prepare
the case for negotiation or litigation.
12. Most of the discovery sought by the Defendant is
unnecessary, for the following reasons:
A. Most of the assets owned by the parties are
bank accounts, investment accounts, and other assets
that generate monthly statements. Calculating the
marital value of those assets, even the ones that are
non-marital in some part, does not require depositions
or other complex discovery.
B. One marital asset is the Plaintiff's interest
in a partnership he owns with members of his extended
family. That partnership owns real estate and, if the
asset is to be valued, its value cannot be determined
by the production of documents or the depositions of
individuals, but will require formal appraisal of the
real estate assets owned by the partnership.
The discovery sought by Defendant will not produce information
helpful to the preparation of this case for negotiation or
3
settlement and will simply serve to waste the parties' time and
money.
13. Defendant's request for an award of counsel fees and
expenses at this time is barred by an agreement reached by the
parties in December of 1994, in which the parties agreed to
withdraw a total of $lO/OOO.OO from an escrow account being held
by their attorneys to pay such costs. The parties agreed there
would be no further distribution from that escrow account for the
payment of costs and fees. Attached hereto and marked as Exhibit
"A" is a copy of the agreement signed by the parties at the time
the withdrawal was made from the escrow account.
14. It is unfair to expect Plaintiff to advance his own
funds to pay the discovery and other costs in this litigation.
The parties' income is substantially equal. There are sufficient
marital assets available for distribution to each party that they
can afford to pay their own share of the costs when this case is
ultimately heard and decided. As a result, Plaintiff is no
better able to pay the costs of litigation and discovery than is
the Defendant, who seeks such broadened and extensive discovery.
l5. Plaintiff has made no effort to conceal the assets of
the parties or his own assets or to deprive Defendant and her
counsel of information regarding those assets. To the contrary,
Plaintiff and his counsel have provided extensive information to
4
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429I.I..'ANIW\III TO NOW ,,"TTIlRIAVU,W06I17I9' 4:14...
ALEXANDER H. STEWART,
PLAINTIFF
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2553 CIVIL TERM
NANCY S. STEWART,
DEFENDANT
CIVIL ACTION - DIVORCE
DEFENDANT'S ANSWER TO PLAINTIFF'S NEW MA'ITER
AND NOW, comes the Defendant/Petitioner, Nancy S. Stewart, by and
through her attorneys, smigel, Anderson & Sacks, and answers as
follows:
1. Defendant hereby incorporates her Motion for Leave to Take
Discovery as if more fully set forth herein.
10. Denied.
A. Defendant has propounded a set of Interrogatories
upon the Plaintiff on or about June 16, 1995. Informal
requests for discovery have been on-going for several months
to no avail. Information received from Plaintiff is
incomplete and inadequate.
B. Denied. Plaintiff filed a Complaint in Divorce on
or about May 4/ 1994/ and the parties have been separated
since January/ 1994.
11. Denied. The parties have been in the process of negotiation
for an extended period of time. Negotiations have not been fruitful
since Plaintiff has not been completely forthcoming in providing
information. Defendant is unable to adequately assess any given
.
offers, or negotiate, without a complete understanding of the aSRets
involved.
12. Denied.
A. Admitted in part and denied in part. It is
admitted that the parties own assets consisting of bank
accounts and investment accounts. It is denied that
depositions will not be required to complete the discovery
process. Depositions will be required to allow Defendant
the ability to discover the extent and nature of complex
marital and non-marital assets.
B. Admitted in part and denied in part. It is
admitted that one of the marital assets is Plaintiff's
interest in a partnership. It is denied that depositions
will not be necessary to appraise the value of this
partnership. The real estate owned by the partnership is
extensive and determining exactly what needs to be appraised
is at issue.
By way of further answer, Defendant believes that
the information sought will be extremely helpful in the
negotiation, settlement and prosecution of this case.
13. Admitted in part and denied in part. It is admitted that
the parties entered into an agreement as set forth in Plaintiff's
Exhibit A. Nowhere in that agreement does it state that the parties
are prohibited from seeking counsel fees and costs. The agreement
merely states that the parties agree that no further funds will be
distributed from the escrow account. Plaintiff should be ordered to
- 2 -
..
contribute counsel fees and expenses from his separate funds.
14. Denied. Plaintiff is in a better position to contribute to
Defendant's counsel fees and costs. Plaintiff has access to a broadsr
amount of assets than does Defendant.
15. Denied. The information provided to date by Plaintiff has
been insuff icitmt and uninformative.
WHEREFORE, Defendant requests that this Honorable Court grant her
Motion for Leave to Take Discovery.
Respectfully submitted,
SMIGEL, ANDERSON , SACKS
By: A~ v./~
~ROY smigel, Esquire 109617
Ann V. Levin, Esquire 170259
2917 North Front street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
- 3 -
"
ALEXANDER H. STEWART, . IN THE COURT OF COMMON PLEAS
.
PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. . NO. 94-2553 CIVIL TERM
.
.
.
NANCY S. STEWART, .
.
DEFENDANT . CIVIL ACTION - DIVORCE
.
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of
Defendant's Answer to Plaintiff's New Matter upon counsel for
Plaintiff by depositing the same in the U.S. Mail, first class,
postage prepaid, on
& - .;} 7 - '1'1
, addressed as
follows:
SAMUEL L. ANDES, ESQUIRE
ANDES, VAUGHN , BANGS
525 NORTH TWELFTH STREET
P.O. BOX 168
LEMOYNE, PA 17043
SMIGEL, ANDERSON & SACKS
By: )~ J. /~
~Oy Smigel, Esquire #09617
Ann V. Levin, Esquire #70259
2917 North Front Street
HarriSburg, PA 17110-1223
(717) 234-2401
Attorney for Defendant
r
EXPENSES
ITIM 'IlK 1I0N'1'll YIAR
Membershipa:
(specify)
Professional 25.00 300.00
Household Help 100.00 1,200.00
papers/Booka/Magazines 50.00 600.00
Entertainment 200.00 2,400.00
Pay T.V. 20.00 240.00
vacations 200.00 2,400.00
Gifts - Christmas, 150.00 1,800.00
b-days, weddings
Legal Fees 750.00 9,000.00
Church 30.00 360.00
Charitable contributions 40.00 480.00
other Expensel:
(specify)
storage 80.00 960.00
counseling 150.00 1,800.00
Su))total 4,916.71 59,000.56
Multiply by Weeks/Months 12. O.
GRAND TOTAL 1.1000.51 5'.000rl'
- 3 -
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2553 CIVIL TERM
ALEXANDER H. STEWART,
PLAINTIFF
NANCY S. STEWART,
DEFENDANT
CIVIL ACTION - DIVORCE
DEFENDANI"S EXCEPTIONS TO TIlE MASTER'S REPORT
AND NOW, this 13th day of March, 1997/ comes Defendant, Nancy S.
Stewart, by and through her counsel, Smigel, Anderson & sacks, and
files the following exceptions to the Master's Report.
1. The Master erred in dividing the assets between the parties
55' to Wife and 45\ to Husband.
2. The Master erred in failing to award alimony to Wife.
3. The Master erred in failing to award counsel fees, costs and
expenses to Wife.
4. The Master erred in distributing personal property to
Husband without any supporting information in testimony.
WHEREFORE, it is respectfully requested that the Defendant's
Exceptions to the Master's Report be granted.
Respectfully submitted,
SMIGIL,
SACKS
~
BYI
.
Le oy Sm gel,
1.0. #09617
Ann V. Levin, Esquire
1.0. #70259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
ALEXANDER H. STEWART, I IN THE COURT OF COMMON PLEAS
PLAINTIFF I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 94-2553 CIVIL ~ERM
NANCY S. STEWART, .
.
DEFENDANT . CIVIL ACTION - DIVORCE
.
I, ANN V. LIVIM, l.gUIRI, do hereby certify that on the 13th day
of March, 1997, I served a true and correct copy of Defendant's
Exceptions To The Master's Report upon the following person by
depositing same in the united States First Class Mail, postage
prepaid, addressed as follows:
Samuel L. Andes, Esq.
525 North Twelfth Street
Lemoyne, PA 17043
SNIGIL, ANDERSON I SACIS
By:
v ;Gv
LeRo Sm gel, Esqu re
I.D. 109617
Ann V. Levin, Esquire
I.D. 170259
2917 North Front Street
Harrieburg, PA 17110-1223
(717) 234-240l
Attorneys for Defendant
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ALEXANDER H. STEWART,
PLAINTIFF
I IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2553 CIVIL TERM
v.
NANCY S. STEWART,
DEFENDANT
CIVIL ACTION - DIVORCE
STIPULATION
AND NOW, this
tjtL-
day of April, 1997, it is agreed by and
between the parties that the Master's Report filed with the Cumberland
County Court on or about March 4/ 1997 should be adopted as an order
of court, except for that portion which addresses the distribution of
tangible household personal property. The parties hereby agree to
resolve any issues regarding household personal property outside the
Master's proceedings.
8ICI~GIL' UDBRSON L~ ~8
By: ...J U ,/~~. N.J
LeR y smigel, Esquire
1.0.# 09617
Ann V. Levin, Esquire
1.0. #70259
2917 North Front street
Harrisburg, PA 17110
(717) 234-2401
Attorneys for Defendant
LAW OFFICES OF SANDEL L. ANDES
BY'~
el L. Andes, Esquire
1.0.# 1'12;><;
525 N. Twelfth Street
Lemoyne, PA 17043
(717) 761-5361
Attorney for Plaintiff
;J. ,~~
tewart, Defendant
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ALEXANDER H, STEWART, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
V5. ) CIVIL ACTION. DIVORCE
)
NANCY S. STEWART, )
Defendant ) NO. 94-2553 CIVIL TERM
OImER OF COURT
AND NOW, this
day of
, the Master's having filed his Report and
Recommendations In this matter and nil exceptions to that Report and Recommendations having
been withdrawn, and upon lhe Stipulation of the parties, we hereby Order and Decree as
follows:
1, The following marital property and assets are hereby awarded to the Plaintiff,
Alexander H, Stewarl, free of any further claim by the Defendanl, Nancy S. Stewarl;
(a) His IRA with Fidelity Milgellan.
(b) The policy of insurance on his life issued by Ohio Slale Life Insurance,
(c) His IRA wilh Advesllnveshnenl Company,
(d) The checking account with PNC Uank NA,
(e) His Inleresl in the un Williams Heirs Parlnershlp,
These assets shall be lhe sole and separale properly of lhe Plltintiff after lhe dale of lhis
Order. The parties shall make, execute, acknowledge and deliver IIIIY nnd nil documents
necessary to transfer lhese assets Into the lIilllle of Plaintiff or 10 olherwlse confirm his ownership
of litem,
2, The following marital property tlnd assets are hereby awarded to the Defendant,
Nancy S, Stewart, free of any further claim by the Plalntirr, Alexander H. Stewart:
(a) Her IRA with Fidelity Magellan.
(b) Her pension with the Commonwealth of Pennsylvania.
These assets shall be the sole and separate property of the Defendant after the date of this Order,
The parties shall make, execute, acknowledge and deliver any and all documents necessary to
transfer these assets Into the name of Defendant or to otherwise confirm his ownership of them.
3, The escrow account held by the attorneys for the Plaintiff and Defendant, which
represents the cash proceeds from the sale of the parties' former residence, shall be divided as
follows:
(a) The sum of $16,107.43 shnll be distributed to the Plaintiff, Alexander Ii,
Stewart.
(b) The sum of $59,239,57 shall be paid to the Defendant, Nancy S, Stewart.
(c) Any balance remaining in the escrow account after those payments shall
be distributed so that the Plaintiff receives 45% and the Defendant receives 55% of
such funds,
4, This Order makes no d!sposltion of the tangible household personal property owned
by the parties. The parties tire directed to arnlllge the division and distribution of those assets
themselves.
5, The Defendant's claim for alimon}' is denied,
6, The Defendant's claim for fOunsel fees and expenses Is denied.