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PROCEDURAL HISTORY
The procedural history of this case/ which requires
a detailed explanation, is set out in the testimony of attorney
Maria P. Cognetti, which is attached hereto and made a part
hereof.
Following the testimony of Maria P. Cognetti,
attorney for the Plaintiff, relating to the procedural history
and the claim for counsel fees and expenses/ and the testimony
of the Plaintiff, Susanne Kay Sather, the record was closed.
The Master proceeded with the preparation and filing of his
report.
FINDINGS OF FACT
1. The parties were married on January 12, 1979, and
separated in June 1992. This is the second marriage
for both parties, both party's prior marriages having
ended in divorce.
2. Husband has three children to his previous marriage and
wife has one child to her previous marriage. All of the
children are emancipated.
3. Wife is 48 years of age and resides at 101 Melissa Court,
Enola, Pennsylvania. She is in good health.
4. Wife is employed as a real estate closing coordinator
with Reager and Adler law firm and earns approximately
$24,400.00 per year. She is a high school graduate with
some paralegal training.
5. Husband is 64 years of age and resides at 870 Bird Bay
Way, Venice, Florida. Husband retired from IBM in 1986
at which time his net monthly payment from his retirement
benefit was $2/614.47. No information on his current
benefit is available. Husband also is receiving social
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security to supplement his income. No information is
available on the amount of that benefit. Husband has
a high school diploma and some college courses.
6. Since the date of separation in June 1992 husband has
been receiving the full pension benefit to the exclusion
of wife.
7. No information is available as to the state of husband's
health.
8. The assets subject to distribution and the value assigned
to each asset is set forth as follows with the exception
of the marital portion of husband's pension which will be
dealt with separately:
Real estate at 870 Bird Bay Way/
Venice, Florida, titled in
joint names
$ 85,000.00
101 Melissa court, Enola, 1
Pennsylvania, titled in
wife's name only
1987 Cadillac Brougham
US savings Bonds
$ 71/000.00
$ 3/975.00
$ 57,000.00
$ 15,694.50
$ 9,287.50
$ 5,062.94
$ 14,626.59
$ 337.50
$ 66,366.96
Nuveen Bonds
IBM Stock (100 shares)
Nations Bank Checking Account
IBM Employees Credit Union
IMB Employees Credit Union
KIP Kemper Fund
1. This property was purchased prior to the marriage of the
parties and put in wife's name. wife, however, because of
contributions made by husband toward the purchase of this
property, has agreed that the value of the property shall
be used for purposes of equitable distribution rather than
the increase in value of the property from the date of
marriage to the date of separation.
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Marital portion of wife's IBM
pension
Franklin utilities Fund IRA
Fidelity Investments IRA
$ 6,196.00
$ 16,914.78
$ 23,372.00
$ 9,444.26
$ 24.000.00
us IRA
Banker's Trust IRA
Total value of marital
assets exclusive of the marital
portion of husband's pension
which will be dealt with
separately
$408,278.03
9. The marital portion of husband's monthly pension benefit
is $693.00 per month net (based on rounding off the net
monthly payment being received in 1992 to $2,600.00).
10. Wife is not entitled to any survivor benefits from
husband's pension and she will lose all medical benefits
from husband's employment with IBM as a result of the
final decree in divorce. Wife does have medical benefits
through her prior IBM employment and her present
employer.
11. Wife has withdrawn her claim for alimony.
12. Wife has paid R. Mark Thomas, her prior counsel, $750.00.
Her fees and costs to her present counsel, Maria P.
cognetti, as of January 29, 1996, amounted to $6,710.95.
It is estimated that fees subsequent to January 29, 1996,
for the hearing and subsequent document preparation
will be at least $612.50. Therefore, using the numbers
available, wife has incurred fees and costs of
$8,073.45.
CONCLUSION OF LAW
The grounds for divorce are irretrievable breakdown
of the marriage. On January 9, 1995, wife filed an affidavit
under section 3301(d) of the Domestic Relations Code averring
that the parties have been separated for a period in excess of
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two years, since June 17, 1992. The divorce can, therefore, be
concluded under Section 3301(d) of the Domestic Relations Code.
ANALYSIS OF THE FACTORS AS SET
FORTH IN SECTION 3502(a) OF
THE DOMESTIC RELATIONS CODE
1. The parties were married and living together in a marital
relationship approximately 13 years and have been
separated approximately 3 and 1/2 years.
2. Both parties were previously married, both marriages
having ended in divorce.
3. Wife is 48 years of age and in good health and is
employed as a real estate closing coordinator with Reager
& Adler law firm where she earns annually approximately
$24,400.00. Her only liability is a small line of credit
against the property where she is residing with an
approximate payoff of around $3,500.00.
Husband is 64 years of age and retired from IBM in 1986.
He was receiving a net monthly pension benefit of
$2,614.47 at the time the parties separated in June 1992.
Husband also is receiving social security but there is no
information available as to the amount of that benefit.
Further, no information is available as to the condition
of husband's heath or his liabilities.
4. Neither party made any contribution to the education,
training, or increased earning power of the other party.
5. Neither party will have the opportunity to acquire
significant assets in the future; any assets acquired
will be from income derived from each party's sources
of income.
6. The sources of income of wife would be from her earnings,
any interest on savings, and her share of the pension
that husband earned at IBM. Husband's income is derived
from his retirement with IBM, social security, and
interest earned on his investments. Both parties have
medical benefits, husband through IBM and wife through
her employment previously with IBM and her current
employer.
7. Both parties contributed to the acquisition of assets
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based on their earnings at the time they were together.
Although neither party can be specifically charged with
having dissipated assets, husband did convert to his own
use and benefit a substantial portion of the marital
assets to the exclusion of wife following separation.
8. Aside from the distribution of the marital assets to each
of the parties herein, husband does have the nonmarital
portion of his pension benefit.
9. The standard living of the parties established during
the marriage was middle-class.
10. The economic circumstances of each party are such that
each party will be able to provide adequately for his or
her own needs considering the income that each of the
parties has, and the assets set apart to each of the
parties as provided herein.
No tax ramifications have been considered in the
distribution; however, it is noted that the pension
benefit as received by husband is a net benefit and is
being distributed as a net benefit after the deduction
of appropriate taxes.
11. Neither party is the custodian of any dependent minor
children.
DISCUSSION
EQUITABLE DISTRIBUTION
Based on the facts found by the Master and the
analysis of the factors under section J502(a) of the Domestic
Relations Code, the Master believes that an equal distribution
of the marital assets is appropriate; however, a small deviation
from the equal distribution in favor of wife is provided for
with respect to the marital portion of husband's pension
benefit.
The Master does not find any significant difference
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in the factors that would warrant a distribution other than on
an equal basis. Both parties will be able to live in a
oomfortable lifestyle based on the incomes of the parties and
their investments. The Master, as indicated, has made a small
deviation in the percentage of the marital portion of the
pension distributed to wife in favor of wife. This takes into
account the fact that wife has lost the benefit of any use or
earnings on the marital portion in the possession of husband
since the date of separation. Further, wife will be making up
the shortfall of assets necessary to provide for an equal
distribution by way of a monthly payment from husband's pension
benefit without the benefit of any interest earnings on the
shortfall as opposed to receiving the money in a lump sum
payment.
In addition, in doing computations with respect to
the pension benefit due wife, the Master has taken into account
the fact that husband has been receiving the full benefit since
the date of separation. An allowance, therefore, is being made
in wife's favor for 48 months that wife has been deprived of any
of the benefit since the date of separation to June 1996. The
Master has considered that IBM will need some time to act on a
Qualified Domestic Relations Order assuming the case proceeds to
a conclusion in February 1996. And using a June 1996 date for
the computations does not seem unreasonable considering wife has
been deprived of a portion of the benefit since separation.
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The Master further believes that wife has been fair
in allowing the full value of the property where she is residing
in Enola, Pennsylvania, to be included as a marital asset
without having to try to arrive at an increase in value from the
date of marriage to the date of separation. Wife also has
withdrawn her claim for alimony, and while husband has had the
benefit of a substantial amount of the marital assets wife has
had to pursue her divorce action for a considerable period of
time and at great expense in order to achieve a distribution of
the assets. The total value of the marital assets, excluding
the marital portion of husband's pension which is being dealt
with separately, are $408,278.03. Each of the parties pursuant
to a 50/50 distribution is entitled to $204,139.02.
The assets assigned to each of the parties in the
recommendations which follow are those assets which are in the
possession of each of the parties presently. 2
2. customarily the Master distributes assets in kind to
effectuate a distribution. However because in this case a large
portion of the assets are in husband's control and their
whereabouts unknown presently, the Master concluded that wife
would be better served and more secure if she received her
distribution and other payments from the pension benefit. The
costs and aggravation to wife of trying to locate and attach
assets in husband's possession seemed an excessive burden to
place on wife in effectuating a distribution. Of course,
husband can pay to wife the money he owes her in a lump sum
payment avoiding the $1,200.00 monthly payments from the
pension.
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RECOMMENDATIONS
EQUITABLE DISTRIBUTION
MARITAL ASSETS AND VALUES ASSIGNED TO WIFE
Real estate at 101 Melissa Court,
Enola, Pennsylvania
1987 Cadillac Brougham vehicle
Marital portion of wife's IBM pension
Franklin Utilities Fund IRA
TOTAL TO WIFE
$ 71,000.00
$ 3,975.00
$ 6,196.00
$ 16,914.78
$ 23,372.00
$ 9.444.26
$130,902.04
US IRA
Fidelity Investments IRA
MARITAL ASSETS AND VALUES ASSIGNED TO HUSBAND
Real estate at 870 Bird Bay Way,
Venice, Florida
US savings Bonds
TOTAL TO HUSBAND
$ 85,000.00
$ 57,000.00
$ 15,694.50
$ 9,287.50
$ 5,062.94
$ 14,626.59
$ 337.50
$ 66,366.96
$ 24.000.00
$277,375.99
Nuveen Bonds
IBM Stock (100 shares)
Nations Bank Checking Account
IBM Employees Credit Union
IBM Employees Credit Union
KIP Kemper Fund
Banker's Trust IRA
COMPUTATIONS
Value of marital assets excluding
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receive from husband's net monthly pension benefit, wife shall
receive as payment on account of the shortfall in the equitable
distribution, pension payments, and for counsel fees as provided
herein (see discussion and recommendation on counsel fees and
costs which follows), the sum of $1,200.00 per month for a total
net monthly benefit from husband's pension of $1,600.00. The
payment to wife of $1,600.00 shall be net after deduction of all
appropriate income taxes.
The sum of $1,600.00 net monthly from husband's
pension benefit shall be paid to wife pursuant to a Qualified
Domestic Relations Order which shall be prepared by counsel.
The payment of $400.00 per month shall continue indefinitely
until payments from husband's pension cease as a result of
husband's death and the sum of $1,200.00 per month shall
continue until such time as the shortfall in the equitable
distribution, pension benefits and counsel fees due wife in the
total amount of $98,436.98 have been paid in full. 3
To secure the distribution due wife as provided
herein, wife shall be entitled to a mortgage against the
property at 870 Bird Bay Way, Venice, Florida, in the amount of
$98,436.98. Wife shall provide to husband a deed transferring
3. Payable at $1,200.00 per month, the obligation should be
discharged in 82 months.
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all her right, title, and interest in said property to husband
in accordance with the distribution herein only upon receipt by
husband of a mortgage in the amount of $98,436.98 to secure
wife the payments due herein. said mortgage will be recorded
simultaneously with the deed to said property as a first lien on
the property. Each payment monthly from husband's pension in
the amount of $1,200.00 on account of the shortfall of the
equitable distribution, pension payments, and counsel fees will
reduce the principal balance of the mortgage in a like amount.
No interest will be charged on the mortgage; however, should the
Internal Revenue Service impute any interest on the transaction
for which wife may become liable for payment of income tax, said
tax liability will be added to the principal amount of the
mortgage to be paid by husband.
In the event husband refuses to sign a mortgage in
exchange for the deed to the property, 'counsel shall provide in
a court order pursuant to these divorce proceedings and
recommendations that a lien be placed against the property at
870 Bird Bay Way, Venice, Florida, in accordance with the
provisions herein.
The parties will sign any and all documents
necessary to effectuate the transfer of assets to the party
receiving the assets as provided herein upon presentation of the
appropriate document for signature.
The credit which wife has received on account of
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the pension payment from date of separation in June 1992 is
through June 1996. Should this case be prolonged beyond June
1996, the amount of $400.00 per month shall continue to accrue
from that date and be added onto the amount due wife and paid
back and secured as provided herein. The additional $400.00 per
month shall begin to accrue July 1, 1996, until such time as a
final order is entered in these proceedings.
ALIMONY
Wife has waived her claim for alimony.
DISCUSSION
COUNSEL FEES AND EXPENSES
Wife's counsel has testified that fees and costs in
pursuing this action will exceed $8,000.00. Wife's counsel
further testified that in her opinion this case could have been
resolved through settlement or hearing by the expenditure of
counsel fees probably not exceeding $2,000.00 should husband
have cooperated in the action and helped to provide information
on identification of assets and values. Further, the case could
have been pursued more expeditiously procedurally if husband
had cooperated in the case and participated in trying to bring
about a resolution to the outstanding issues instead of ignoring
the pending action.
Consequently, the Master is of the opinion that a
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large portion of the fees and costs incurred in this case were
as a result of husband's nonparticipation. Husband has simply
taken the approach that he will do nothing and let wife incur
all of the expense and the burden of proceeding. Husband,
therefore, must bear a large portion of the fees and costs in
these proceedings as provided in the recommendation to follow.
RECOMMENDATIONS
COUNSEL FEES AND EXPENSES
Husband shall pay to wife the sum of $6,000.00 on
account of wife's counsel fees and expenses. The sum of
$6,000.00 shall be added to the shortfall due wife in the
equitable distribution of assets and wife's portion of the
monthly pension benefit from the date of separation through June
1996. The total shortfall with the additional $6,000.00 in
counsel fees and costs brings the amount due wife from husband
to $98,436.98 which amount shall be paid in accordance with the
recommendations made in the equitable distribution portion of
this case in the sum of $1,200.00 per month from husband's net
monthly pension benefit. Further, the $6,000.00 owed to wife
and her attorney on account of counsel fees and costs shall be
added to the mortgage against the property at 870 Bird Bay Way,
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INDEX OF EXHIBITS
IDENTIFIED ADMITTED
Ex. No. 1 - Plaintiff's attorney 10 19
bills
Ex. No. 2 - Projected statement
of attorney fees 10 19
Ex. No. 3 - Total fees, costs &
expenses 11 19
Ex. No. 4 - Sworn statement of facts 15 19
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THE MASTERI Today is Tuesday, January 3D,
1996. This is the date scheduled for a Master's hearing in
the above captioned case. Notice of said hearing was sent
to the parties by regular mail on september 26, 1995. No
mail has been returned indicating that any of the persons to
whom the notice was sent did not receive said notice. The
notice was sent to Susanne Kay Sather at her address at 101
Melissa court, Enola, Pennsylvania; to Maria P. cognetti,
counsel for Plaintiff, at 132-134 Walnut street, Harrisburg,
Pennsylvania; to the Defendant, John Robert Sather, at 870
Bird Bay Way, Venice, Florida 34292, and to his counsel at
the time the hearing was scheduled, Joseph L. Hitchings at
301 Market street, Lemoyne, Pennsyl\'ania. Mr. Hitchings is
no longer representing Mr. sather and withdrew from the
action as a result of a petition which he filed with the
court, with the court subsequently entering an order on
November 3, 1995, granting Mr. Hitchings' motion to
withdraw. Since Mr. Hitchings' withdrawal, no other counsel
has appeared on behalf of Mr. Sather.
It should be noted that present today are the
Plaintiff, Susanne Kay Sather and her counsel Maria P.
Cognetti. Mr. Sather has not appeared today for the hearing
nor has anybody appeared on his behalf. It is further noted
that Mr. Sather has not appeared at any point in the action
except through Mr. Hitchings. With respect to Mr. Sather's
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compliance with the proceedings with respect to the tiling
ot documents in accordance with the Rules of civil
Procedure, Mr. Sather has not filed an inventory and
appraisement, an income and expense statement, nor a
pre-trial statement. Mr. Sather was directed to file a
pre-trial statement by letter from the Master dated April
12, 1995, the pre-trial statement to have been filed on or
before Friday, May 5, 1995. Additional time was given to
Mr. Sather as a result of a request from his then counsel
to file a pre-trial statement later than the May 5, 1995,
date. However, no pre-trial statement was ever filed on
behalf of the Defendant.
A pre-hearing conference was scheduled at the
Master's Office for June 22, 1995. Mr. sather did not
appear at that conference nor did any counsel appear on his
behalf. Attorney Cognetti did appear for the Plaintiff.
The parties have been separated for a period in
excess of two years and the divorce will be concluded under
section JJ01(d) of the Domestic Relations Code. Ms.
cognetti is going to be the first witness to testify this
morning and she will offer testimony regarding the
procedural history in this case, including the pleadings
filed and how those pleadings were served on the Defendant.
She will further testify as to whether or not she has had
any communication with Mr. Sather with respect to the
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process of this action. Ms. Cognetti has also raised a
claim for counsel feee and expenses and will make a brief
statement on the record as to the amount of counsel fees
which are due and owing to her, and as the Master
understands to previous counsel who was involved in the case
prior to Ms. Cognetti's appearance. Ms. Cognetti will be
sworn at this time.
Whereupon,
MARIA P. COGNETTI, Attorney at Law
having been called as a witness, testified as follows:
EXAMINATION
MS. COGNETTI: My name is Maria Cognetti and I
respresent Susanne Kay Sather with regard to this matter
before the Court today. Prior to my representation of Mrs.
Sather she was represented by attorney Mark Thomas. While
she was represented by attorney Thomas, he on her behalf,
filed a complaint in divorce on July 1, 1992. The record
indicates service of that complaint on the Defendant. On or
about November 18, 1993, Mr. Thomas filed an amended
complaint on behalf of Mrs. Sather, and again, the record
indicates service of that document as well.
(A discussion was held off the record.)
MS. COGNETTI: The complaint and amended
complaint, whi.ch I just referenced, were docketed to No.
94 - 2614 and they have since been withdrawn and do not form
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the basis for today's hearing. What occurred was that
subsequent to being served with interrogatories by Mr.
Thomas, Mr. Sather then did file preliminary objections to
that divorce complaint and was at that time also represented
by Mr. Hitchings. Those preliminary orders were filed on
April 1B, 1994, and on May 16, 1994, that divorce complaint
was, in fact, withdrawn.
On that same date a new complaint in divorce
was filed, again May 16, 1994, and an affidavit of service
was filed by attorney Mark Thomas indicating that the
Defendant had been served by regular mail on June 21, 1994.
And clearly by the terms of service by regular mail it had
been sent and had not been returned to attorney Thomas. No
answer was ever filed to that complaint.
On or about september. 20, 1994, I had taken
over representation of Mrs. sather. On that date we filed a
number of documents, one being an amended complaint in
divorce, which added the basis for the two year divorce.
Another document that we filed on that date was a petition
for alimony pendente lite and counsel fees and costs as well
as a claim for equitable distribution; and we also filed a
petition for injunctive relief on that same date. All of
those documents, as well as all other documents filed by us
subsequent to that time, have always been sent by certified
mail and by regular mail, invariably Mr. Sather turned down
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certified mail. So as Mr. Thomas knew from the beginning,
service by regular mail was our primary route.
There were no answers at any point filed to
either the new complaint in divorce or the amended complaint
filed by myself. There was never an answer filed to the
petition for alimony pendente lite, counsel fees, costs, and
equitable distribution. With regard to the petition for
injunctive relief, the Court gave Mr. sather 15 days to
respond, again he was served with that rule by both
certified mail and regular mail. The Court had then to
correct their rule because they had transposed the parties
and issued a new rule on october. 6, 1994, again giving him
15 days to respond, again he was served by both certified
mail and regular mail. None of the regular mail has ever
been returned. Again he did not respond to that rule. We
then filed a motion to make the rule absolute on
approximately November 10, 1994, and by order dated November
16, 1994, the Court entered an injunctive order pursuant to
our motion directing the various banks and other facilities
to freeze any accounts that we could find. As I believe
Mrs. Sather points out in her statement, we were never able
to find anything; but we did get our order. The final order
dated November 16, 1994, was likewise served on the
Defendant by both certified mail and regular mail, regular
mail not being returned.
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Up to this point and time we had no personal
contact from Mr. Sather whatsoever. On or about January 9,
1995, we then filed a section 3J01(d) affidavit on behalf of
Mrs. Sather noting that the parties had been separated in
excess of two years. This was again served on Mr. Sather by
both certified mail and regular mail, regular mail not
having been returned.
On or about April 4, 1995 we filed a motion for
appointment of the Master. That was sent to Mr. Sather by
regular mail, obviously that was not returned either. Mr.
Sather has always resided where we have known him to reside.
At that point and time, as has already been stated by the
Master, Master Elicker directed, by letter dated April 12,
1995, to both myself and Mr. Sather, that certain documents
be filed by May 5, 1995. Mr. Sather has never complied with
that request.
(A discussion was held off the record.)
MS. COGNETTI: On June 22, 1995, a pre-hearing
conference was held before the Master. I appeared on behalf
of my client. Mr. Sather did not appear nor did anybody
appear on his behalf. Notice of these things was directed
to Mr. Sather by the Master himself. Subsequent to the
pre-hearing conference, my client and I developed a
statement of what my client's testimony would be at the
Master's hearing and we sent this to Mr. Sather, again by
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regular mail by letter dated August 22, 1995, and we advised
him that this would be the basis of the testimony which my
client would present at the final Master's hearing and we
advised him that if he wanted to make any response
whatsoever or to disagree with anything noted in that
statement, that he should immediately respond to either us
or the Master. No response has been made to counsel up to
this point and time, and I do not believe personally that
there has been any contact with the Master -- there has been
none that I am aware of.
On September 7, 1995, I received a copy of a
letter directed to the Master from attorney Hitchings and
that is when I realized that Mr. Hitchings was back in the
case and he stated that he had been retained by Mr. Sather
and was requesting a continuance of the October 5, 1995,
hearing date. Subsequent to receiving that letter I, on
behalf of Mrs. Sather, filed on September 28, 1995, a motion
for sanctions. In that motion for sanctions we sought to
prevent the Defendant from being able to file all the
various documents in what we believed to be untimely
fashion. We had requested that the Defendant not be able to
file an inventory and appraisement and an income and expense
statement or a pre-trial statement and also that he not be
allowed to disagree or present evidence contrary to anything
that we had put in our statements. A copy of that motion
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was sent to both the Defendant and to attorney Joseph
Hitchings. The Defendant was served personally because in
spite of attorney Hitchings' letter there was no appearance
on the record. However, attorney Hitchings did in fact
accept service of that motion and order on October 3, 1995,
and we have filed an affidavit of his acceptance of service.
The Court's order of September 29, 1995, with
regard to our motion for sanctions had given Mr. Sather 30
days to respond. That is the order that attorney Hitchings
had accepted service of; therefore, a response was due at
least some time prior to the end of October. What then
occurred was that on October 31, 1995, Mr. Hitchings filed a
petition seeking to be removed as counsel. As the Master
has stated, the Court granted that request on November 3,
1995.
When Mr. Hitchings contacted me to make me
aware of his withdrawal as counsel, he advised me that he
had been directed by Mr. Sather to not file an answer to my
motion for sanctions and likewise that he had been directed
to take no further participation in the divorce action.
Once the 30 days had run, I then filed a motion to make my
rule absolute seeking a final order from the Court with
regard to my motion for sanctions. The court then
determined that there had to be a hearing on this matter in
order to make sure Mr. sather had every opportunity to
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respond and appear. A hearing was then set. No response
had been filed at that point and time and on December 28,
1995, a hearing was in fact held before Judge Oler. For the
record, Mr. Hitchings appeared to make sure the Court
understood that he did not represent Mr. Sather. I attended
that hearing along with my client and Mr. Hitchings. At
that point and time, even though Mr. Sather did not attend
nor contact the Court in any fashion, the Judge did have us
conduct a hearing nonetheless to prove our case. At the
conclusion of the hearing the Court did in fact grant the
relief we had requested by our motion for sanctions. That
order was dated, I believe, December 28, 1995.
And that basically gets us up to this point and
time.
THE MASTER: Now, why don't you proceed then
with the attorney fees testimony.
MS. COGNETTI: With regard to the issue of
counsel fees -- I have been representing Mrs. Sather since
basically the very end of August 1994. I took the case over
from attorney Mark Thomas. As my client will attest she had
approximately $750.00 in counsel fees with Mark Thomas at
that point and time.
I have with me as an exhibit today all of my
monthly bills to Mrs. Sather. I bill Mrs. Sather at $175.00
per hour and we bill monthly. And these are copies of every
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month's bills from the first time I had anything to do in
this case, which was August 29, 1994, up through basically
yesterday, January 29, 1996.
Would you like that marked as an exhibit, sir?
(Whereupon, Plaintiff's Exhibit No. 1 was
marked for identification.)
MS. COGNETTI: The total of the bills
encompassing Plaintiff's Exhibit No.1 is $6,710.95. The
odd numbers being because we bill for long distance phone
calls and things like that. That covers through yesterday.
We had estimated for today's time three hours for this
matter and then we estimated basically a half an hour for
future time for the review of the Master's recommendations.
That total would be $612.50 and I would note that that does
not include any time for future follow-up of this case or
assisting Mrs. Sather in any document preparation or
follow-up or getting what she may be entitled to.
The $612.50 is noted on Plaintiff's Exhibit No.
2.
(Whereupon, Plaintiff's Exhibit No. 2
was marked for identification.)
MS. COGNETTI: On Plaintiff's Exhibit No.3 I
simply have a total of the two numbers which comes to
$7,323.45. That would be the total of my bills for Mrs.
Sather and then the additional bills for Mr. Thomas. That
10
~
~
basically covers the majority of my time in this case.
(Whereupon, Plaintiff's Exhibit No. 3
was marked for identification.)
THE MASTER: Ms. Cognetti, can you comment as
to whether or not, in your opinion, fees were incurred
arising out of Mr. Sather's nonparticipation in this action.
MS. COGNETTI: Absolutely. As the Master
knows, I have vast experience in these kinds of cases and
this would have and should have been a fairly simple case
with easy to identify assets. The problem arose in that at
the parties' separation Mr. sather took over possession and
control of the majority of the assets. The majority of
these fees that we have racked up so to speak, have come
from the pursuit of Mr. Sather in identifying and valuing
assets that were beyond the control of my client.
serving interrogatories that never got
answered, having to seek a petition for injunctive relief
because we became aware of the fact that the somewhat
massive accounts that existed on date of separation were
being rapidly depleted. Then there was no answer to the
petition for injunctive relief and then we had to go through
all the various legal steps of then getting the order. Once
we got the order for the injunctive relief we then had to
contact every bank or basically holding company that we
could think of where there had been any marital assets and
11
~
~
serve them with a copy of that, ask them for information as
to whether or not the accounts were still in existence, ask
them for information as to what withdrawals had been made by
Mr. Sather and what assets might still be there.
That work created a vast majority of some of
our legal fees in this case because these were really simple
assets. If Mr. Sather had been present and cooperating and
assisting in this case as he would have been had he appeared
and had counsel, we simply had matters of okay, here's that
IRA, here's what it's worth, boom, that's done. Something
that would have perhaps taken a half an hour per asset ended
up being many, many hours per asset.
The same is true of Mr. Sather's pension by
which we have been kind of compelled to use old numbers
because we have not had any cooperation from Mr. Sather.
His then brief reappearance in the case through Mr.
HitChings created an awful lot more counsel fees because Mr.
HitChings got in the case. Mr. Hitchings and I had one or
two meetings and many phone calls where we briefly tried to
settle the case. For a while it went along normal lines and
then all of a sudden Mr. HitChings was back out of the case
and as I have already described, between the normal process
prescribed by law by Which I had to get my motion for
sanctions, then the fact that the Judge decided a hearing
was in order we again wasted -- wasted -- a vast amount on
12
~
~
counsel fees on that type of thing which should have been
absolutely unnecessary. So I would say the case easily
could have been a case where either to get to settlement or
to this point and time should have been one of your basic
kind of $2,000.00 total cases, and in effect, ends up
costing my client easily over $8,000.00 and a lot of
aggravation and unfortunately puts us in a position --
although we are not complaining -- puts us in a position of
having to work with some old numbers on Mr. sather's side.
So, yes, clearly the vast majority of these fees in my
estimation were caused by Mr. Sather's failure to appear,
failure to respond, failure to file anything in a timely
fashion, and then unfortunately appearing and disappearing
again in a rapid fashion -- have created these fees.
(A discussion was held off the record.)
Whereupon,
SUSANNE KAY SATHER
having been called as a witness, testified as follows:
DIRECT EXAMINATION
BY MS. COGNETTI:
Q First of all let's start with your name. State
your name, please.
A Susanne Sather.
Q And you reside at that 101 Melissa Court, Enola
address, Mrs. Sather?
13
~
~
A Yes, I do.
Q First of all, have you been in attendance for
the time of this hearing this morning?
A Yes, I have.
Q Were you here and present and listening to my
testimony?
A Yes, I was.
Q Did you understand all of it?
A Yes.
Q Are you in agreement with the items that I
discussed and testified to?
A Yes, I am.
Q And, in fact, with regard to the counsel fees
to Mark Thomas, did I adequately represent approximately
what you had paid to Mr. Thomas prior to my entry of
appearance?
A Yes.
Q Did I adequately portray basically the problems
that we've had in this case due to your husband's kind of
lack of cooperation?
A Yes.
Q Mrs. Sather, do you recall preparing in August
what we titled a sworn statement of facts?
A Yes, I do.
Q Would you look that over, please, and make sure
14
~
~
that that's a copy of the document that we had previously
prepared?
A Yes, this is what I have.
(Whereupon, Plaintiff's Exhibit No. 4
was marked for identification.)
(A discussion was held off the record.)
BY MS. COGNETTI:
Q Other than some minor corrections that we are
going to discuss in a couple of seconds; is that statement
still your testimony as of today?
A Yes, it is.
Q Now, Mrs. Sather, let's just take a couple of
minutes to clear up some of the items contained within that
statement. First of all, with regard to your property at
Melissa Court; do I understand that that is in your name
only; is that correct?
A Yes. My name prior to Sather.
Q And that you actually purchased it prior to
your date of marriage?
A That's correct.
Q Are you, however, satisfied that this Court
consider that property marital property?
A Yes.
Q With regard to your IBM pension. Okay?
A Okay.
15
t)
1"\
o Now, with the fact that we have just noted that
he had 30 years and with B of those years being marital does
that make the marital portion of that monthly check
approximately $693.00?
A '{es.
o Now, if he has gotten increases since 1992, you
are unaware of those, correct?
A Correct.
o Is it your testimony that you are unaware of
the amount of his social security income as of today.
A '{es.
o But he does receive 60cial security?
A '{es.
o How old would he be now?
A About 64.
o And that $2,614.00, 60 that I repeat myself
five times, was the net amount of his check?
A Net, yes.
o One other item on our statement. At the time
we did our statement we were unsure a6 to the value of the
savings bonds; is that correct?
A That's correct.
o Since that time have we had various meetings
and communications with your husband's attorney such that we
are now aware of the value of those bonds?
17
~
~
A Yes.
Q And as of 1995 were they worth approximately
$57,000.00?
A Yes.
Q And are all of those bonds in your husband's
possession or control?
A They are.
Q Mrs. Sather, is it satisfactory to you today to
withdraw your claim for alimony?
A Yes.
(A discussion was held off the record.)
BY MS. COGNETTI:
Q Mrs. Sather, back to the subject of your
husband's pension for a minute, did he retire from IBM while
you two were still together?
A Yes.
Q At that point and time did he file or at least
execute certain documents to obtain his pension?
A Yes.
Q And are you personally aware of whether or not
when he opted to take his retirement whether he chose an
option which would give you any survivor benefits upon his
death?
A He chose the option that I would not get
survivor benefits upon his death -- we chose.
18
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SUSANNE KAY SATlIER,
PluintilT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2614 CIVIL 1994
JOHN ROBERT SATlIER.
Defendunt: IN DIVORCE
It uppeuring thutthe Muster's Report in the ubove stuted euse hus been filed for ten
(10) duys, thut no timely exceptions huve been Iiled thereto, that the costs have been fully
paid and that ullthe requirements onuw and Rules of Court huve been met, you are
hereby directed to submit the suid euse to the Court of Common Pleas of Cumberland
County, Pennsylvania, at the next sitting thereof.
Respectlully Submitted.
Maria P. ogne I, ~squire
Sup. Ct. 1.0. #27914
132-134 Walnut Street
P.O. Box 689
Harrisburg, P A 17108-0689
(717) 232-2103
Attorney for Plaintiff
Dated:
TO THE PROTHONOTARY:
I,
, Prolhonolury ofthe Court of Common
Pleas of Cumberlund Counly, do hereby certily thallhe cosls in lhe ubove slated case
have all been paid, including lhe Musler's Ice.
Prolhonolury
z.
, fS/Y?
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I'/IIEREAS, lIerchelroath, in consideration of Sather making
payments as aforesaid, agrees that Sather shall have an undivided
one-half interoat in tho condominium unit togother with an un-
divided one-half interost 1n tho cOlllmon elementul allll
I'IlmHEJ\S, the parlleu Iwrato deaire to set fOl.th their
respective rights with regards to the condominium unit and to
confirm theh" understanding in wri ting.
NOW, 'l'IIEREPOHE, it is agreed lJy and between the parties
hereto, intending to be legally bound hereby, in consideration of
covenants and promises herein contained, and in consideration of
the foregoing recitals, which recitals are incorporated by re-
ference, as follows:
1. lIerchelroath hereby acknowledgeD receipt of the sum of
Two 'l'housand Five Hundred ($2,500.00) Dollars from Sather which
said sum was used to make the down payment for the purchase of
a condominium unit known as 101 Melissa Court, Suite 101, West-
wood Village, together with an undivided 1. 507% interest in the
cOl1U1\on element.
2. Sather hereby agrees to pay to lIerchelroath, on or be-
fore the lOth day of each month the sum of One lIundred Forty-
Three Dollars and Forty-'l'wo Cents ($143.42), which said sum shall
be applied towards the principal and interest of the purchase
money mortgage. In addi lion, Sather agrees to pay to lIerchelroat:h
one-half of the monthly condominium charge imposed by the con-
dominium regime together with any annual assessment imposed by
the condominium rogime. Sather shall pay one-half of the monthly
common charge on or before the lOth day of each month. With re-
gards to an annual assessment imposed hy the condominium regime,
Sather agrees to pay to lIerchelroath ono-half theroof within
thirty (30) day a after rucelpt of the notice of assossment.
l'urther, Sather agroeu to pay ono-half of Lho Ilpplicable real
-2-
.
.
...
estate taxes, insurance, publio sewer and other utility charges
for the condominium unit.
3. lIerchelroa th shall 1.10 enti l:led to the interest deduction
for tho pUl:chane monoy mortga<je for federal income tax purposes.
4. lIet'cholroa th shall be en ti tled to take ap r~al estate
taxes paid on account of the ownership of this property as a
deduction for federal income tax purposes.
5. lIorchelroath hereby acknowledges that Sather has an
undivided one-half interest in the condominium unit together
with an undivided one-half interest in the 1. 507% of the common
element. 1\t Sather's option, lIerchelroath shall, if requested,
execute a general warranty deed to him, subject to the purchase
money mortgage, for Sather's undivided one-half interest in
the condominium unit and the common element.
6. With sixty (60) days' notice to the other party, each
party shall have the right to terminate this 1\greement. In the
event that either party elects to terminate the 1\greement, then
the other party shall pay to the party electing to terminate
one-half of the net equity in the subject property. Net equity
shall be determined by fixing the fair market value of the
condominium unit to include the undivided interest in the conunon
element as of the date of notice to terminate. 'fhe fair market
value of the condominium unit, together with the undivided in-
terest in the conU1\on element, shall be as mutually agreed or,
if no agreement can be reached, then each party shall be required
to retain a competent appraiser to fix the value of the real
esta te. 'l'he average value of the two appraisals shall be deemed
the fair market value of the subject property. Deducted there-
from shall be the balance due on the purchase money mortgage
as of the date of election to terminate. Real estate taxes shall
be adjusted as of the date of notice to terminate. Further,
-3-
-, .
seven (7\) per cen\: shall also be deduc\:ed from the fair market
value of the property which said sum represents real estate
brokel" s conullission and \:ransfer taxes. If the par\:y who did not
elect \:0 tCl:minate the arran<jcment is unable to obtain the neces-
sary funds tu purchase the interest of the tcrmiilating party,
'.
then the property shall be lis\:ed for sale wi\:h a repu\:able real
es\:ate company or sold privately/ as the parties agree. In the
even\: of a sale to a \:hird par\:y/ then \:he ne\: proceeds derived
from said sale shall be divided equally between the parties.
7. Each of the parties hereto agrees tha\: he or she shall
execute any and all documents, to include deeds to give full
force and effect to this Agreement.
O. If either par\:y breaches any provision of this Agreement,
the other shall have the right, a\: his or her election, to sue
for damages for such breach, and the party breaching this Agree-
ment shall be responsible for payment of reasonable legal fees
and costs incurred by \:he other enforcing his or her righ\:s under
\:his Agreement, or seek such other remedy or relief as may be
available to him or her.
9. 'l'his Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants
or undertakings other \:han those expressly set for\:h herein.
10. A modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and
executed with the same formality as this Agreement. 'l'he failure
of either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver
of any subsequent default: of \:he same or similar na\:ure.
-4-
.
.
:
. ,
/MiM1W!itfp"" .13.
. PIlOPEIl'I''i SE'I"I'LEMEN'l' AGREEMEN'!'
------- -
THIS AGREEMEN'l' is made th is
'iJo _day of Sr:.P7~ .
,1978
between JOliN HOlllm'j' Iill'l'lIEIl of 101 HelisslI Court, Enola, Cumberland
Cuunty, Peutluylvania, here! Inafter referrp.d to lIll lIusl'anrl
^
N
o
JOAN LOUISE SATHER of 5220 Deerf iald Avenue, Mechan icsburg,
Cumberland County, Pennsylvania, hereinafter referred to as Wife.
WITNESSETH:
WHEREAS, the par t ie s hereto were married on July 3, 1954 I
and
WHEREAS, the Husband received a Divorce from the bonds of
matrimony on
:S C(Jr-
19781 and
?-,?;
WHEREAS, the parties desire to make arrangements with regard
to joint property acquIred during their marriage liS well as with
regard to other l il]ht" ilnrl obI igiltions growiny Ollt of said
mar riage I
NCM 'l'HEREFORE, cons ider ing the above cond it ions and c ircum-
stances and in consideration of the covenants and promises hereinafter
to be mutually kept and performed by each party, as well as for other
good and valuable consideration, it is agreed as fo11CMs:
(1) Wife shall be entitled to the full use and possession
of the mar ita 1 dwelling located at 5220 Deerf ield Avenue,
Mechan icsbur g, Cumber land County, l'ennsylvan ia. I~ ife shall assume
full res pons ib 11 ity for any and a 11 encumbrances on sa id premises
and shall hold Husband harmless from the payment of any amounts
due on said encumbrances. Wife shall also pay all utilities,
taxes and other expenses connected with saId premises. If wife
should des ire to sell sa ill premises Husband shall join in sa id
conveyance. Wife shall be entitled to all net proceeds realized
l2:YHi/$/T F
FOlln Ap.IfDV'd
OMO No, 03,A.lb
A,
U,S, DEPARTMENT OF IIOUSINI.l III UflDAN DEVELOPMENT
SETTLEMENT STATEMENT
0, TYPE OFLOAN:
-1-rTrIlA 7, [] I,,,IIA :1, [J CONV, UNINS,
~. (""I VA Ii 1::1 CllNV, INS
u,-riL~-NUMiitll:-~ /, LUANNUMUi",
0, MOnTGAGE INsunANCE CAS~ NUMUEII:
Tllil (ami /1 (um/shBllIO give Vall e 1I,1Iemolll of actuel lellleme/ll com, Amounll pe/d '0 and by Ihe Iet/lemelll elle/ll Ire
C, NOTE: Ihown, "eml mlfked "(p,u,c,1" wo" paid au II/do ,ho clol/ng: II,oy If' Ihown ho" (or //I(ormal/onal purpoles ",d a" nor
includrei /n Iho 101,ls,
0, NAME OF OonnOWEn: E, NAME OF SELLEn: F, NAME OF LENOEn:
Donald Neil Tranter,Jr.
Theresa W, Tranter,
husband Rnd wire
G, PROPERTY LOCATION:
Lot 31, Lake Meade
Subdivision, Reading
Twp., Adams County, PA
John R. Sather & Susanne
K. Sather, his wife, and The Peoples State Bank
Joan Suther. single pel'S n
;-; '.' ,
II, SETTLEMENT AOENTr 'j
,f~ ~\ :l.~'j
Robert G.,~i8hpm, Esq.
I'ij H)'j
I'LACE OF SETTLEMENT!' '
Clayton RIIWilcox, Esq.
I _ i "'.-: ) t ~ I
I. SETTLEMENT OATE,
March 2, 1984
J, SUMMAnY OF OOnnOWEl1'S TIlANSACTlON
100,011055 AMOUNT DUE FI10M 0011110WEI1:
101. Conulc, "'" prlct 10000_00
102. P,non,l properly
103. S.H1.m.nt ch.raelloborrowt'r IlIne 140:l1 479_00
104,
105,
Adjullm,nu (or ""m, p,id by uUt'r in ,dv,nCl
106. CltY/lown lUll 10 "'-
101. County IIXel 10 ) /.n 0/.
108. Alllum.nll 10 /
109,C::"hnnl ,
110,
l11.t..ater prorntiOll -.!L. 6/1
112,
120, GROSS AMOUNT DUE
FROM BORROWER 10,524.58
200, AMOUNTS PAID OY 011 IN OEtlALF OF 0011110WEn,
'201. D,polll or IIrneU money 1 nnn 00
202. P,lncln.llrnounl 01 new 10lnlsl 7 ~nn.nn
203. hiUlng lo,nhl 'Ik,n lublectlo
204,
205,
205,
201,
200,
209,
AdjllllmMtI for item, un/Mid by JtlltU
210, Citvllown lUll 10
211. County tUII 10
212. Aueumlllu ,,,
213,
214,
215
216,
21/,
210,
219, -
220, TOTAL PAID OY/FOR
BORROWER 8,500.00
300, CAStl AT SETTLEMENT FI10MITO OOI1I\OWEI1
JOl. 01011 .mount dUll from hOllow'!r lime 12UI ~~~6a-:-aB~
302. lelt .mounn IlIld b../lor hlHlOWllf llilll! 2201
303, CASH (IXFROM) 2,024.58
(0 TO! BORROWER
K, SUMMAI1Y OF SELLEIl'S TIlANSACTlON
400, 0110SS AMOUNT DUE TO SELLEI1.
401. ConUlell.I.. price
402. Perlonal prop,,.
4U3,
404,
405,
Ad/uunumrt for it,m' paid br "II" in ad.'.""
406, CItV/lown IUel to
407. CounlV lUll 10
408. AUtume"n to
409,
,110,
~11.
~12.
420,
GROSS AMOUNT DUE
TOSEI.LER
10,045.58
500, nEOUCTlONSIN AMOUNT DUE TO SELLEn,
601. Excll.. de Dillin! Inurucllol1l)
602. Selll,mu"t char '110 selle, IIln. 14001
603. Exlulng 108nll) lskellluhiect to
604. Payoff olllnl mmtgage loan
505. Pavall of second mortgage loan
600,
601,
600,
609,
Adjultmt'lIu lor item. unpaid'IV "II"
610, City/town IlItel 10
611. CounlV llUles to
612, ^n1!1I1Il8nll 10
613,
511,
615,
510,
611.
510,
510,
520,
TOTAL REDUCTION AMOUNT
DUE SELLER
1,368.90
000, CASU AT SETTLEMENT TO/FI10M SELLEI1
601. G,all ""OUI1I dU'la ..II.. II",. ~201 liL 0/,5. SR
602, len ,,,lIUCliolllln Imount flu" Iflllef Wne 6201 ll.--:
603,
CASII (j(] TO)
(0 FROM) SELLEn
The und,rsigned hereby acA"owledg, receip, of, cumpl'led copy of p,ges I ,,,d 2 of Ihis sr"em,nt ,,,d '''y '11,ch""",. referred 10 herei"
DOHOWllf
8,676.68
SeHer
---------.-- ------'------+------
511111__
Borrower
------------ _. _._______n_.___~_ _____._
........II...If.....,"fC
IB:tT;
STOCKI(OLDEIt RELATIONS
&90 tladl.on Avomue
NeH Vork, Naw Vork 10022
TllANSFEIt 011 STOCI{
DUlliNG CAI.ENDAlt YEAIl
1007
JOIIII R DATIIER
101 IIELIDM r.r
ENOLA PA 17026
e;r 1-11 ~ If (j
loin! NlImber uf Shora. shoN" Dnlclil
7Ul
1011 Aceounl liD. 6U-~200-U3ti-OU
---- -._-- --_. - -------- ----_._-- -_._~--- -----,._--" - . -------_.
h.,uo Du lu tluo~IO" tt.:.uu u..llJ Ihllnhor J.ll\.llt lJ..l.. rlull;hor IltloU'J On lu tt~""hol'
of 3horns of thn.'os of 5h.wo, of Shot.os
-----.- ------ --..---.---. -_.__...._- -----. ---_. -' --~_. ---------
09/3UI17 1 10/11117 1 1111'0/77 1 I2IWt77 1
121'0177 1 U1/31110 1 1Il/10170 1 1121<0/70 1
03131178 1 U{t/)(1/7A 1 Ilfi/l!.i/71l 1 05/3117/1 1
06/30178 1 U7I14170 1 00/15170 1 00/31/78 1
09/29178 1 10/13170 1 11115178 1 11/30170 1
12/29170 1 01115/79 1 02115179 1 02120/79 1
03/30179 1 04l30/7? 1 UO/26179 290 05/26/79 1000
06/29179 12 09120179 17 12131179 21 03/31/80 20
06130/80 2~ 09/30/80 20 12131180 21 03/31/81 25
06130/01 25 09/30/01 26 12131181 29 03/31/02 27
06/30/02 26 0?/30/02 2~ 12131/02 19 03/31/83 10
06130/83 15 09/30/83 1~ 12130183 13 03/30/M 16
06/29/84 16 09/30/84 16 12I31/M 15 03/29/85 13
06/20/85 16 09/30/85 15 12131185 13 03/31186 13
06/30/86 13 09/30/86 5
NOTE. Itl PRIOR VEARS HE HERE REQUIRED TO REPORT TO TIlE INfERIlAL REVEUUE SERVICE ALL TRANSFERS
OF STOCK ACQUIRED ArTER JAIIUARY I, 1964 TIlROUGIl TilE EIII'LOYHS STOCK PURCIIASE PLAN OR RECEIVED
AS A RESULT OF A STOCK SPLIT OR A STOCK OIVIOEtlD IF AllY OF TilE UUDERLVlIlG SIlARES HERE ACQUIRED
TIIROUGIl TIlE EHPLOYEES STOCK PURCIlASE PLAII.
HE ARE 110 LOIIGER REQUIRED TO SEIID TIllS IIIFORIIATIOII TO TilE GOVERIIHEtlf OUf TIlE IIITElUlAL REVEIlUE
CODE STILL REQUIRES TIlAT HE SEIID TIlE WrOlltlATIOII TO TIlE STOCKIIULOER.
. .. Xndllloto9 full nhl'lf-On h~"und 'HI R rnt>lIlt III n rdud~ SI)Ht DI' ~tDr.I~ divhlomll':llioh t'lny hwn
,up,~I,'lyl~~q Ih~I:OG acquh'nd undo I' tho IIJ11 [llploYO'l~ I titor.l~ PUI'ch,no PIon on aI' n Hm' J"nu.tII'Y 1, lCU......
br II-I;g I -r II
/flM . ~/!AJ~,ct/L l,c .s:f;;41L - If'il
- /*5 At) cO"! &11J-r Rc:PLr=C!/.> 7HC ;slt-IIIUS.
()r /~;1.-1 ..rroe/~ I!EL/) IN Nil /ll;;tV/E /J,"r
71-ltS. t:/JiJ {)f-- 17 $'1, /l!tJ>.( &1= 7ilE5>t:::. :JildtZ.6S
W L.:.-rz..{; /1:/i' all II S c;6 j-J Fr~.e ". .J/17V / f7 f A-/(/ Jj
1r:..p,ec.'5.C;l!'/ /VI/hu (/Ie lnU(1c"t!/Y". fmtJCt/~;c_
Y(JU,(. ;/7rc;\jr'ltJAJ _;;iJ/ot/c..,1 BE J/'"e Lcc:'7'~A
-/ei 'I)-It.. /!Sft::/P I slC.c.~d -1lfll;cJ:5//C!7ia,J.$ /-(,JIL
~ /hilA /00 S~-5 /5.50t!:::lJ IN U"fy If7~
7/~5E.. J/M7f-ES tutf:1L~ I SSl.Jt!:6 A-s
jJ~r ()r A- P~()IC PtJ/l- ~NE S'rtX!'k .5iLIT
~ /1115' ,Mcll/IJr 7H-/fT /8M lutPIJt./j /550E
/'IIL-tf:. /Vc'i'vI S)iA-lt..E::5 /tJL- bf(!/-f YfdlZE I~.
tb.J5~p:JCN/LY /.gA// /.s~uc.6.' /.;Jj .;5//5
70 M6 / /II ~~CC):;fA/; -n t4tJ 12 -r 7'3 S'-I:5
p~ /JetE-- S.A:-/ r .$rOC!? K: ,
4(b~v(E;'ILI /il-1.5 ./JOCUMeN/ A'C.SD ~v5
"77fIJ7' / jJtJ!l(!/ITfac.:7J FI t!t= fJdE-.5fJL/r
SIh1/2..6S. /1PiC:1L "/fiG. ;tI/1121l.J/ltf~ 111/ ;fi~~ 7'9:
7;1(;; ~~ rcJllt;:- I ~ c3 J{ jJ,e.{; . S,tJ L I ;r
JIf~5 fJ ;tlj~ 70 -::r~ /71. 7JfOSE- 3%
SIIIhtt:.5' 13€"C?/I/LI~ /.5..2 S/-J~'f3;; /#-r~
.7iit= NAY /f1f S~tlT
$1,200.00 per month shull continue until such time liS the shortlilll in the equituble
distribution, pension benefits und counsel fees due Wife in the totulllmount of $98,436.98
hllve been pllid in full.
To secure the distribution due Wile liS provided herein, Wife shull be entitled to
IImortguge IIguinst the property ut 870 Bird Buy Wuy, Venice, Floridu, in the IImount of
$98,436.98. Wile shull provide to Husbund u deed trnnslerring 1111 her right, title, und
interest in sllid property to Husbund in uccordunce with the distribution herein only upon
receipt by Wife ofu mortguge in the umount 01'$98,436.98 to secure Wife the pllyments
due herein. Suid mortgllge will be recorded simultuneously with the deed to suid property
us u first lien on the property. Euch pllyment monthly Irom Husbund's pension in the
IImount of $1,200.00 on uccount of the short filII of the equituble distribution, pension
puyments, und counsel lees will reduce the principul bulllnce of the mortgllge in II like
umounl. No interest will be churged on the mortguge; however, should the Intemul
Revenue Service impute uny interest on the trnnsuctionlor which Wife mllY become
Iiuble for puyment of income tux, sllid tux liubility will be udded to the principul umount
of the mortguge to be puid by Husbllnd.
In the event Ilushllnd refuses to sign IImortgllge in exchllnge lor the deed to the
property, the Court directs thut II lien he plllced IIgllinst the property lit 870 Bird Buy WilY,
Venice, Floridu, inllccordunce with the provisions herein.
The pllrties lire directed to signllny und 1111 documents nccessury to eflectuute
'.
the trllnster of IIssets to thc purty rccciving the IIssets liS provided herein upon presentation
of the appropriate documcnt for signature.
The credit which Wi fe hus received on IIccount of the pension payment from
datc of sepurntion in June 1992 is through Junc 1996. Should this eusc hc prolonged
beyond Junc 1996, the amount of $400.00 pCI' month shall continue to IIccrue tram that
date and be added onto thc umount due Wifc und paid back and secured liS providcd
herein. The additional $400.00 per month shull begin to accrue July I, 1996, until sueh
time as a Qualified Domestic Relations Order is entered in these procccdings.
5. Husband shall pay to Wife the sum 01'$6,000.00 on aecount of Wife's counsel
tecs and expenses. Thc sum 01'$6,000.00 shall bc addcd to the shortfall duc Wifc in the
cquitablc distribution ofasscts and Wifc's portion ofthc monthly pcnsion bcncfit from thc
datc ofseparDtion through Junc 1996. The total short filII with thc additional $6,000.00 in
counscl fecs and costs brings thc amount duc Wile from Husband to $98,436.98 which
amount shall be paid in accordancc with Paragraph 3 hcreof: Furthcr, the $6,000.00 owcd
to Wifc and her attorncy onllccount of counsel fecs and costs shlll1 be addcd to the
mortgagc against the propcrty at 870 Bird Bay Way, Venice, Florida, so that thc total
amount due on that mortgllge shall be $98,436.98.
BY THE COURT:
J.
~.~~~~~~~~~~~-~-----~--~-~~~~~~
8 ~- . .
. .
8 8
~ 0:
~ IN THE COURT OF COMMON PLEAS :
. OF CUMBERLAND COUNTY 8
~ .:
~ ~ ~
. ..~ 8
8 STATE OF '~~~ PENNA. ~
8 .
~ ..
. SUSANNE K. SATtlER,!i ·
~ ....... P' ..... Plaintiff 'i No. ...~.~,~.~.......... .................1994 ·
. .,..,. ..... J ~
iii " .,
.' Vel'SIIS i.,[' 8
iii JOHN ROBERT SATHER, ':
'P' ..... I 8
. Defendant;! -
. 8
8 ~
~ 8
~ DECREE IN .
~ ij
8 DIVORCE '
I!I .
~ AND NOW, .. .. .... .. .. .. . .. .. .. .. .. .. " 19.9.6.... It Is ordered and ~
., SUSANNE K. SATHER If
~ decreed that ................................................., plaintiff, ':
,. JOHN ROBERT SATHER If
. and. . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ., . . . . . .. defendant, ~
~ are divorced from the bonds of matrimony. ~
~ M
8 The court retains jurisdiction of the following claims which have :
S been raised of record In this action for which a final order has not yet :
~ been entered; ~
M.' .
~
8 .",..........., I......................................................... I =.'
. .................. ........................................................ ;,
~ ~
" Dy The Courtl
" !~
8 ^t1~.il .... J I~
~ . I~
~ . I~
11 Prothonotnry i .'
I~
'.'
~ .'
___-..-..___ .................,...........-..-_.............--._~ ...._._.., _ ."...._ . ' '. __. . . . W
. __~~_~~~_*~.*****.~**~*.~.~~:~.~*ro~.
SUSANNE KA Y SATHER,
Plaintifl'
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2614 CIVIL 1994
JOHN ROBERT SATHER,
Defcndunt
IN DIVORCE
ORDER OF COURT
AND NOW, this
day of
,1996,
rccommendation having
bcen liIcd on Fcbruary 2, 1996, and no timely cxceptions liIcd thcrcto, thc Master's
rccomrncndation is acceptcd and IIdopted as follows:
I. Plaintifl: Susanne Kay Suther, and Delendant, John Robert Sather, arc hcreby
divorccd from thc bonds of matrimony.
2. Thc following maritalllsscts and values have bcen assigncd to Wile:
a, Rcal estate at 101 Melissu Court, EllOla, Pcnnsylvania
$ 71,000.00
b. 1987 Cadillae Broughum vehicle
$ 3,975.00
c. Marital portion of Wile's IBM pension
$ 6,196.00
c, US IRA
$ 16,914.78
$ 23,372.00
d, Franklin Utilities Fund IRA
f. Fidclity Invcstmcnts IRA
~
TOTAL TO WIFE
$130,902.04
3. Thc thllowlnlllllurllulussets IIItd vulues havc bcen assigned to Husband:
f. 11IM Employees CrcditUnion
$ 85,000.00
$ 57,000.00
$ 15,694,50
$ 9,287.50
$ 5,062.94
$ 14,626.59
$ 337.50
u. l{clll cstulc III 870 Bird BIlY Way, Venicc, Florida
h. lJS SlIvlnlls Bonds
c. NuveenBonds
d. 11IM Stock ( 100 shllrcs)
c. Nlltlous Blink Chccking Account
g. IBM l~mployces Crcdit Union
h. KIP Kemper Fund
$ 66,366.96
I. Blinker's Trusl IRA
$ 24,000.00
TOTAL TO HUSBAND
$277,375.99
4. Furthel'/nore, Wile shul1 rcceivc II distribution 01'$92,436.98, which is bascd on
thc tiJl10winll computlltlons und shllll hc pllid Irom Husbllnd's pcnsion liS furthcr dctailed
hereunder:
Vuluc of mllritulusscts Wile Is cntitled to reeeivc
excluding the mllritlll portion of Ilusband's pcnsion
$204.139.02
Vuluc ofmuritulussels ussigncd to Wife excluding
the Illllrltul interest inllushllnd's pension
$130.902.04
Shl1l11hll on Wile's distrihution of Illurital ussets excluding
thc Illaritlll portion 01' Ilushund's pension
$ 73,236.98
Vulue of Illuritulassets Ilushand is entitled to reeelvc
excluding the murital intercst in Husband's pcnsion
$204,139.02
$1,21111.011 pCI' month shull continue until such time as the shortfall in thc equitablc
dlstrihutlon, pcnsion henefits and counsel fees due Wife in the total amount 01'$98,436.98
huvc hccn puld in litll.
To secure Ihc distrihution duc Wile as provided herein, Wifc shall be cntitled to
u mll/1gugc uguinst thc propcrty at 870 Bird Bay Way, Vcnice, Floridu, in the amount of
$1)8,436,1)8. Wile shllll provide to Husband a deed transferring 1111 her right, title, IInd
intcrcst in sllid propcrty to Husband in aecordance with the distribution herein only upon
rcccipt hy Wile ofu mortgllgc in the amount 01'$98,436.9810 sccure Wile the payments
duc hcrein. SlIid mortguge will be recorded simultaneously with thc deed to said property
us u first Iicnon the property, Elich payment monthly Iromllusbllnd's pcnsion in the
unHnmtof'$I,21111.00 on uccount of the shortfilll of the equitable distribution, pension
pllymcnts, und counsel fecs will reduce the principal bulance of'the mortgagc in alike
umount. No intercst will bc chllrged on thc 1110rtgugc; however, should thc Intcrnal
Rcvcnuc Service impute uny interest on thc transllction liJr which Wife muy becomc
lIuhlc fhr puyment of' income tax, said tax liability will be lidded to the principalul1lount
of'thc mortgagc to bc paid hy Ilushllnd,
In thc cvcnt Hushand rcfilses to signu mOl'tgllge in exchangc IlJr thc deed to thc
property, thc Court directs thut II lien bc pluccd ugainst the property atl!711 Bird Bay Wuy,
Venicc, Floridu, inuccordllncc with thc provisions herein,
The purties urc directcd to sign IIny und all documents neccssary to eflectuate
the transfer of assets to the party receiving the assets as provided hcrein upon presentation
ofthe appropriate document for signature.
Thc credit which Wife has reccived on account of the pcnsion payment from
date of separation in Junc 1992 is through Junc 1996. Should this cusc bc prolonged
bcyond Junc 1996, the alllount 01'$400.00 per month shllll continuc to accruc trom that
date and bc added onto the amount due Wife and paid back and securcd as provided
herein. The additional $400,00 pCI' month shall begin to accrue July I, 1996, until such
time as II Qualified Domestic Relations Ordcr is entered in these proceeding~.
5. Husband shall pay to Wife the sum 01'$6,000.00 on account ofWifc's counsel
lees and expenscs, The sum 01'$6,000.00 shall be added to the shortfall due Wife in the
cquitable distribution ofasscts and Wile's portion of the monthly pension bene lit from the
date ofscparation through Junc 1996. The total shortfall with the additional $6,000.00 in
eounscl fees and costs brings the amount duc Wile from Husband to $98,436.98 which
amount shall bc paid in accordance with Paragraph 3 hercof. Furthcr, the $6,000.00 owed
to Wife and hcr attorney on account of counsel fces and costs shall be udded to the
mortgllgc uguinst the property at 870 Bird Buy Wuy, Venicc. Florida, so that thc total
umount due on that mortgagc shall be $98,436.98,
BY THE COURT:
J.
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3, Thc following marital asscts and values have bccn assigned to Husband:
a. Real estate at 870 Bird Bay WilY, Vcnice, Florida
$ 85,000.00
$ 57,000.00
$ 15,694.50
$ 9,287.50
$ 5,062.94
$ 14,626.59
$ 337.50
b. US Savings Bonds
c. Nuvecn Bonds
d. IBM Stock (\00 shares)
e. Nations Bunk Checking Account
t: IBM Employees Credit Union
g. IBM Employees Crcdit Union
h. KIP Kempcr Fund
$ 66,366.96
i. Banker's Trust IRA
$ 24.000.00
TOTAL TO HUSBAND
$277,375.99
4. Furthermorc, Wile shall reccive u distrihution 01'$92,436.98, which is bas cd on
the following compututions and shall bc puid from Husband's pension as further detailed
hereunder:
Value ofmaritulussets Wife is cntitlcd to reccivc
excluding thc muritul portion nf II1Ishund's pension
$204,139.02
Valuc ofmaritulllssets usslgncd to Wile cxcluding
thc marital interest inllushund's pension
$1~0.902.04
Shortfilll on Wile's distrihution ofmurllul usscts cxcluding
thc maritul portionofllllshund's pcnsion
$ 73,236.98
Vuluc ofmuritulussets Ilusbund is cntilled tn receive
cxcluding the murltul intercst in Ilushund's pcnsion
$204,139.02
$1,200.00 pCI' month shall continuc until such time as the shortlhllln thc equitable
distribution, pcnsion benefits and counsel fecs due Wilc in tllll total amount 01'$98,436.98
have becn paid in filiI.
To sccurc thc distribution due Wile as provided hcrein, Wile shull bc cntitled 10
IIlllortgagc IIgainst thc property at 870 Bird BIlY WilY, Venice, Florida, in thc IImount of
$98,436.98. Wife shall providc to Husband a dccd tfllnslerring all hcr right, titlc, and
interest in said propcrty to Husband inllccordancc with thc distribution hcrcin only upon
receipt by Wife of alllortgllgc in thc amoant 01'$98,436.9810 securc Wile the pllyments
due herein, Said mortgagc will be recorded simultancously with the dced to snid property
as afirstlicn on thc property. Each pnYlllentmonthly Irom Husband's pcnsion in the
alllount 01'$1,200.00 on account ofthc shortfilll ofthc cquitablc distribution, pension
payments, IInd counsel Ices will rcduce the principnl hnlancc of the Illortgllge in a like
amount. No intcrest will be chargcd on thc mortgage; howcver, should the Internal
Revenue Service imputc any intcrcst on thc transaction for which Wife Illny bceomc
Iinblc lor payment of incomc tax, said tax lillbility will be added 10 thc principal amount
oflhc Illortgage to bc paid by llushund.
In the event Ilusband rclhses 10 sign u mortgngc in cxchangc IiII' Ihe deed to the
property, the Court directs that a Iicn bc pluced against thc property at 870 Bird Bay Way,
Venicc, Floridn, in accordance with thc provisions hcrein.
Thc partics nrc dirccted to sign any unl! all doculllcnts neccssary to eflcctuate
the transfer of asscts to the party recciving thc asscts as providcd hcrein upon presentation
of the appropriatc document for signaturc.
Thc crcdit which Wife has received on account of the pcnsion paymcnt Irom
date ofscparntion in Junc 1992 is through Junc 1996. Should this cusc bc prolonged
beyond June 1996, the amount of $400.00 per month shull continue to accruc from that
datc and be added onto the Illllount due Wife and paid back Ilnd sccured liS provided
herein. The additional $400,00 pcr month shall begin to accrue July I, 1996, until such
timc as a Qualified Domestic Relations Order is entercd in thcse procecdings,
5. Husband shllll pay to Wife the sum of$6,OOO.OO on uccount of Wile's counsel
fees and expenses, Thc sUlllof$6,OOO.OO shall bc added to thc shortlilll due Wife in the
cquitablc distribution of assets und Wife's portion of the monthly pcnsion henelit from the
date of separation through June 1996. Thc total shortlilll with the additional $6,000.00 in
counsel fees and costs brings the IImount due Wile from Husband to $98,436.98 which
amount shall bc paid in accordance with Paragraph 3 hcreof: Further, thc $6,000.00 owcd
to Wile and her IIttorney onllccount of counsel Ices und eosts shall bc add cd to the
mortgage againstlhc property lit 870 Bird Bay Way, Venice, Florldu, so Ihllt the totlll
amount due on tllllt mortgage shull bc $98,436.98.
BY THE COURT:
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WIIEREAS, lIerchelroath, in consideration of Sather making
payments as aforesaid, agrees that Sather shall have an undivided
one-half intorest in the condominium unit together with an un-
uivided one-half interest in the common elementsl and
.
I'/IIEIU,I\S, the parties herete desiro te set forth their
respective rights with regards to the cendominium unit and to
confirm their understanding in writing.
NOW, TIIEIU,PORE, it is agreed by and between the parties
hereto, intending te be legally bound hereby, in consideration of
covenants and promises herein centained, and in consideration of
the feregoing recitals, which recitals are incorporated by re-
ference, as fellows:
1. lIerchelroath hereby acknowledges receipt of the sum of
Two 'l'heusand Pive lIundred ($2,500.00) Dellars from Sather which
said sum was used te make the down payment for the purchase of
a condeminium unit known as 101 Melissa Ceurt, Suite 101, West-
woed Village, tegether with an undivided 1. 587% interest in the
common element.
2. Sather hereby agrees to pay te lIerchelroath, on or be-
fore the lOth day of each menth the sum of One lIundred Ferty-
'l'hree Dollars and perty-'l'wo Cents ($143.42), which said sum shall
be applied tewards the principal anu interest of the purchase
money mortgage. In audition, Sather agrees to pay to lIerchelroath
ene-half ef the monthly conueminium charge imposed by the con-
dominium regime together with any annual assessment imposed by
the cendominium regime. Sather shall pay one-half of the monthly
commen charge on or befere the 10 th uay of each man th. IH th re-
gards to an annual assessment imposed by the condominium regime,
Sather agrees to pay te Herchelroath one-half thereof within
thirty (30) days after receipt ef tho netice ef assessment,
Further, Sather agrees to [lay ono-hul( of the applicable roal
-2-
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"
esta te taxes, insurance, pUblic sewer and other utility charges
for the condominium unit.
3. Ilerchelroa th ahall be enti tIed to the interest deduction
fOl' tho purchaso money mortgago for federal income tax purposes.
.
4. Ilerchelronth shall ve ontltlOlI to take a~l real ostate
taxes paid on account of the ownership of this property as a
deduction for federal income tax purposes,
5. Ilercholroath hereby acknowledges that Sather has an
undivided one-half interest in the condominium unit together
with an undivided one-half interest in the 1. 587% of the cOl1unon
element. At Sather's option, Ilerchelroath shall, if requested,
execute a general warranty deed to him, subject to the purchase
money mortgage, for Sather's undivided one-half interest in
the condominium unit and the common element.
G. With sixty (GO) days' notice to the other party, each
party shall have the right to terminate this Agreement. In the
event that either party elects to terminate the Agreement, then
the other party shall pay to the party electing to terminate
one-half of the net equity in the subject property. Net equity
shall be determined by fixing the fair market value of the
condominium unit to include the undivided interest in the conunon
element as of the date of notice to terminate. 'l'he fair market
value of the condominium unit, together with the undivided in-
tereat in the conmlon element, ahall be as mutually agreed or,
if no agreement can be reached, then each party shall ve required
to retain a competent appraiser to fix the value of the real
e8tate. The average vnlue lJf the two a[>proi80l8 shall bu deemed
the fair market value of the subject property. Deducted there-
from shall be the balance due on the purchase money mortgage
as of the date of election to terminate, Real estate taxes shall
be adjusted as of the date of notice to terminate. Further,
-3-
. . '-
seven (7\) per cent shall also be deducted from the fair market
value of the propol.ty which said Bum represents real estate
broker I s COlllllli8sion and transfer taxes. If the party who did not
elect to terminate the arrangement is unable to obtain the neces-
.
sary funds tu purchaso the interest of the terminating party,
"
then the property shall be listed for sale with a reputable real
eetate company or sold pl'ivately, as the parties agree. In the
event of a sale to a third party, then the net proceede derived
from said sale shall be divided equally between the parties.
7. Each of the parties hereto agrees that he or she shall
execute any and all documents, to include deeds to give full
force and effect to this Agreement.
B. If either party breaches any provision of this Agreement,
the other shall have the right, at his or her election, to sue
for damages for such breach, and the party breaching this Agree-
ment shall be responsible for payment of reasonable legal fees
and costs incurred by the other enforcing his or her rights under
this Agreement, or seek such other remedy or relief as may be
available to him or her.
9. 'l'his Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants
or undertakings other than those expressly set forth herein.
10. A modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and
executed with the same formality as this Agreement. 'rhe failure
of either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature.
-4-
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HANS D. KIRSTEN
Realtor
8ird Sov Reoltv, Int.
MEMBER OF VENICE BOARD OF REAllORS eJ( ffI $-/ r .iJ
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. FOR ALL YOUR
REAL ESTATE
NEEDS:
_Qs;.l<oper .12,. .199.5...., ..___.._m._______._.________
..In regard tal Unit t9B,UllUc,ling )3,oird .IJay_U.,. 1l1J'd_...._
._ Day V i 11age,_a1s.o_'mR~!UI!LIl7Q..!H.r;.LIl!!Y~'!y.' Ven ice.LFl!D._
34292
Owners Name: Sather
Value of unit probable actual neqotiated selling price:
$76.000 Gross. less Brokeraqe fee $4,940 (6~), less
documentary stamps on deed $532.00.
~ net $70,520.00 not taking into consideration pro-ration's
------- -_._~-- ~-------
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------.--
Realtor at Bird Bay Realty
15 plUS years
I
.
WE ARE A
.. '" COMPUTER
...... ..'.\....'0 fICE\)'...
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Office (813) 485.4804
Q
lWUm:n
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REAltOR GII
MiS
FAX (813) 485-4806
CELLULAR (813) 350-0441
&00 Venice l3y-I',1SS N,. Suile A · Venice, norilld 30\2'.12
ow. 1I
"
from the sale of said premises,
(2) W ire shall be entitled to full title to and possess ion
of all Curnil3hin<]s and appliancefJ in the above mentIoned marital
dwellil1<J. IIlM(!ver, \'/1(0 shall return to lIusbanu all of his tools
st ill rellla il1il1<] in s.:lid marit.al Jwelliny.
.
(3) lIusbanJ slHlll Ll: entitleu to Cull title lb and possess ion
of the boat, motor and tra iler acqu ired by the par ties dur ing
their marriage. Wife agrees to execute any docum~nts necessary
to have full title to said items vest in Husband.
(4) Husband shall be entitled to full title to and
possession of the realty acquired by the parties in Adams County,
Pennsylvania, to wit: Lot Number 31, Lake Meade, East Berlin,
Adams County, Pennsylvania. Wife agrees to execute and deliver
to Husband a Deed, and/or any other necessary documents, convey ing
to him all her right, title, and interest to said realty.
(5)Th is llgreement shall be construed under the laws of the
Conll1\ollllNllth cf Pennr,\'lvaniil. If any prov is ion of this Agreement
is held to be invallrl or unenfor.ceable, all other provisions shall
continue to be in full force and effect.
(6) '1'his Agreement shall bind the parties hereto, their
respect ive he irs, executors and ass igns.
IN WITNESS WHEREOF, the parties hereto, intending to be
legally bound hereby, have hereunto set the ir hands and seals
the day and year first written above,
(UO, 1 klw'
~s
~~,-W~
._~_ IS"^"I
Hobert <ilier
g~(ISEALI
Lou se ler
(2)
JE:;)f Ht I!> / T F . rorm AppfOvl"1I
OMO No, 03.R.1I,
A. 0, lYrE or LOAN:
U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT I. L]nIA 2, [] FmllA 3. [] CONV, UNINS.
4, [] VA 0, 0 CONV, INS,
SETTLEMENT STATEMENT 0, rilE NUMUEI1: 17' LOAN NUMOEII:
0, MOI1TGAGE INSUI1ANCE CASE NUMUEII:
C, NOTE: TI,I, lor", I' IlIrn;s"od "I glvo YOII e ,'n,o",ol/loI o1I:/IInl ""'0"''''11 com. A",oUIII' "eldlO el/dby ,," "lf/,mont e/l'1/1 If'
111011'1/. Iro"" mnrAe" "(I/,O.C,)" were "nM oU/fillo flI. clOfll/g.' r".y ." '''011'1/ "." lor I"'om,,t/ol/" purpo,., .Tld ." not
Inc/udtlfll/ ,,,. /rIlnls,
Q, NAME OF OQII110WEIl' I NAME or tirt,UII: , NAMI' OE UNOUl:
Donald Neil 'l'r lIn te r , .J r . Juhn It. Slither (. SUllunne
Theresa W. 'l'rnntcr, Ie Snther, his wife. nlHI The Peoples State Blink
husband lInd wife JOlin Suther, single penlln
.
.", ;. ,
G, PROPERTY LOCATION: II, SElTLEMENT AQINTl j I. SETTLEMENT DATE:
Lot 31, Lake Neade 'j I"
Robert G'I,B1g~am, Esq. March 2 , 1984
Subdivision, Reading ',...1 ~,q
Twp, , Adams County, PA PLACE OF SETTLEMENT!
Clayton R. Wilcox, Esq,
t '~." 'l
J, SUMMARY OF OOl1nOWEll'S TI1ANSACTlON K, SUMMAnY OF SELLEn's TIlANSACTlUN
100. onoss AMOUNT DUE FnOM uonnDWER: 400, onDSS AMOUNT DUE TO SELLEI1:
101. Con'r.tllll.. prlel fO 000 nn 401. Canlf,cll,lu flrlc. 1 n nnrlnn
102. P,'lon.1 proplflV 402. P,non.1 'UO'JlflV
t03. SIIII.mlnl ChlUII110 borrower IIln. 14001 /,7Q nn 403,
104, 404,
IDS, 405,
Ad/ultm,nfl (Of ",nll p,id hr .tllt' lit ~dr'IIC1' Adjuumrnu fOf it"", p,id br .tllI" in .dr,n"
106, Clty/tawn tU'1 '0 ""'- 406. Cily/1awn IIUI 10......,
107. County tue. '" ) an Q/, 407. Counly lu" 10 ...... /,n 0/.
lOB. A.llum.nll '0 / 400. ^ueumenll 10 /
109,<:"hnn1 , 409, C:"hnn 1 /
110. .110,
~ater prorn tiau_____ _----1l..JilL_ ~\'Illter prorlltio11 ',.64
112, 412,
/20. GROSS AMOUNT DUE 420, Gf/OSS AMOUNr DUE
FROM BORROWER 10,524,58 TO SEl.LEf/ 10,045,58
200. AMOUNTS PAID BY on IN OEIIAlF OF OOnROWEn: 500, nEDUCTIONS IN AMOUNT DUE TO SELLER,
201. Depolit or tlrnen money 1 nnQ,OO -601. Ekeen dellolll (lie Inllruclionsl
202. P,incinll.mount of new 10lnlsl 7'~nn nn 602. S.llIl1lntlnl chlfnella 1,lIe, llin. 14001 1 "lIlR Qn
203. Elillt1ing lalnhlllken lubjcct In 603. Ellilllllg loanhl taken lubiect 10
204, 604. rlynfl allirlllnlJrlgage loin
205, 605. raVol1 of II!cand mOllglge loan
206, 600,
207, 601,
200, OOB.
209, 509,
ArfjIJumrnu for itrm, unp,id bV .,~IIt!r AdjuUnlellU fnr i,enll unp,id bV "If"
210. City/town tu" '0 610. City/lown 1111" '0
211. County tuel '0 611. County la.el '0
212. Anenmel1u 10 612, AuennlllllU '0
213, 613,
214, 611,
, 215 010,
216, 610,
217, OIl,
210, 61B,
-
210, 61B,
220, TOTAL PAID BY/FOf/ 520, TOTAL REDUCTION AMOUNT 1 ,368,90
BORROWER 8,500.00 DUE SELLER
300, CAS" AT SETlLEMENT FRUMlTO OOl1nUI'/EII 600, CASII AT SETTLEMENT TU/FnOM SEllEn
301. Grall o"'ollnl due from hOllower IIUlt' I~UI ~&'~~a~~B, GOl, Olnllll11l0u~1 due 10 ullet Hin'_420L_~ 1f:-%n~~~
302 leu Imounll Illld 11../101 hOllOoN'" -1~;;2-ii>> 6U2, leu tflflUCllolllln Immllll dUIIII!II"lIinft 62U)
303, CASH ( IJl.FROMI 2,024.58 603, CAS" (l!] TOI 8,676,68
(0 TO) BORROWER (n FROMI SELLER
rII, und,nlgnod "".lIy DcA 110 w/tlfg. reeo;", ole comp/.ted copy 01 p.ge, / end 2 01 rill, ""emenl ./lCf.llY .,tec"menl. relerrod 10 herel"
OOHOW., ---- --- ---------- 5ell,,_
--- -
Borrower - _..+-------- .-.------. --- Sellll
-~-+---
..".t"1111""1 'He " C:lnvn,"""''' ..,.....u
'"Ivl
iBl\i
S'l'OCI{JiOWEll RELATIONS
&90 ""dhon Ave"""
IleH Vork. New York 100U
TRANSFER OF STOCI{
DUlliNG CALENDAR YEAR
1987
JOIIII R DAlliER
101 IIHIn!lA cr
ENOLA M 17026
eAH1~/-r (j
lnlnl NumbOl' uf Shol'os Ghnlo'ln Un!r.;'il 701 lUll Account 110. &0-'t200-0lU-00
---- ---.- _.- - ....-.._._.... -_. ..'- -_..__._-- -,~,---_.._. ---.-.----.-- ..--- -------
tt.IUU 0.. lu UUl'~JQI' ltol.\IU Udll, 'hkllhor httUlJ u..lu ttull,har I ""UI' On to U\llTIbOI'
of Sh:lI'uS of t.hnl'ol of 5h.,,'ol of Sltnr'us
___ _______ _____.'__n.___ -.---.-.-.- __________ _._______ .4--__ .-----_.!..-.-_- ------
09/3U/77 I IU/51117 I II/H/77 I 121161.77 1
I2IJUI77 I UUlll/O I UUI&170 1 U2I2U/78 1
03131178 1 U4/1',I10 I OU/IU170 1 05151170 1
06/30178 1 U7I14110 1 00/15118 1 00/31/70 1
09/29178 1 10/131/0 I 11115178 1 11/30170 1
12129170 1 01115119 1 0211&119 1 02120179 1
03/30179 1 0ft/J01/9 I U5126119 29_ 0&/26179 100-
06129179 12 09120119 17 12151119 21 03/31/00 20
06/30/80 r4 09150/80 20 12131100 21 03/31/81 25
06/50/01 2U 09/30/01 26 12131/61 29 03131/02 27
06/30/02 26 09/30/112 24 12131/02 19 113131/03 10
06130103 15 U9/30/03 I" 12130103 JJ 03/30/04 16
06/29/64 16 09/30/04 16 12131104 15 03129/85 JJ
06/20/8S 15 09/30/05 15 12131185 JJ 03/31/86 JJ
06/30/86 JJ 09/30/06 5
tlOTE I III PRIOR VEARS HE HERE REQUIRFU TO REPORT TO TIlE INIEIlIIAL REV[IlUE bERVICE ALL TRAIISrEllG
DE STOCK ACQUIRED All ER JAtIUARV 1, 196" TlIROUGII TilE EItI'LOVEtS STOCK PURCIIASE "LAII OR RECElVEO
AS A IlESUI.T nE A STOCK SPLIT UIl A STUCK OIVIOEIIU Ir ANV DE TIlE UIIOElll.VUlO SIIARES HEilE ACQUIREO
TIIROUGII TIlE Et11'I.OYEES STOCK PURCIIASE PLAN.
HE AilE NO LONGER REUUlREO TO SEtlO TIIIS UlrORIIATlllI1 TU TIlE GOVERtltWr our TilE UIIERIIAL nEVEIAlE
cuoe STILL REQUIRES TlIAT liE SEIIO TilE WrOlltlAlIUfI TU TIlE STOCKIIULOEIl.
M IlldlllntolJ filiI SII:'H'f!1"'. ir....und nil n I'n!~lllt nf n "tuet; 81)lit 01' t.tfwl~ Il1vtdrolUl \':1,101, .'my h"'lI
ultlJ8~'lyl"n GIIn"t.!G nCljllil'nd Ul1dlJl' thlJ ]1111 tllploYUll\'il Gturk IIUI'(:II..,50 Ilh," on rH' nrtf'l' .Ji'tflUill'Y 1, 111M..
,
/iJM
~1f1/511 f(
,
1J!/lAJ5'H;L I~ s:f;;4IL - Iff1
- /;+-'5 ~~~OA.-tc!-tV-r ~kec!r5 7Ht SH-.1IU$
or I ~.J..-I ...'S'ro[.J IL.. IIE..UJ lit! N v /IIA M t.:.. A-'r
77ft!:- t:AJiJ Of- Ie; :11. #t1>'r ()i= 7ilt::'~E St/tlttGS
1Jt:::1LL /2JL'Ctll 1/5 L~ /1 Fr~K!. '-.J/iILl /f7f A'Il/Jl
1J t. fJ I!.c.- ~ C /I./'/ ;VI II- /~ 1 r 1/ L r12.U flt'L1 ry" li/J(,J("~-t.e..
YtJU,(.. ;!7rc/t)7'IVA/ .;Jllot/c., J. 8E .J".~Jcc:'rc'.L1
-/0- 7}f6 IIS7'c'IPI $~66 ~1(II;U5/le7itJ,u5 FUlL
'::<1 /hV tJ. /00 S/-f/J72L$' /55 (/t!::zj I AI )4;( Y /f7C,
7Jfr::;;5"E.. ~#ht-E.5 t.U&LC;- /$Sl)/E-IJ /I-s
l/f1?r f!)r A- p~()I(_ rtJlC-- tJt1/E. SrtX!'k. .5iL/7:
-/I17s' ;UE/I/IJ'- 7H/f7 / gAl lutP/Jt.tJ / SSOE.
-r1lL-t:€:: /V~'t(/ 0)-()!r2~ ~/JL C7fc!/-f- Yl-dllE- /~.
Cbu5~fXJ&v'TLr /.gA/! / >>uC3.6. . /47' ,;5/IS
70 M~ IN J:~-ca;;;;1/;-oc5W /J~ f3 $5
tP~ /JeE- Sit; r .$rOeEK..
1Io(b~(AE:lL/ -UI,s{ '/::'oCU,ut:'N,/ ,4-CSJ ~J5
-TltfJ"/ / tVt.;"t!/l7fac..7J F/(/t:: {JI2E-.5Pt.Jr
S Ifl) 12.65 /1 f""1t:.A- '/iIr;.;1.-1 111/12/ /lei" G- 111/ J;u~ '79:
I;H;/:,~ rcJll~ I I-I&-/J. 3Jf !It::.b'' SIC; r
c:511~~ fJ ;e/tJl2 /0 -:r/llt!.: /71, 1JfOSE- 3Y
:Sfl/hZES' !3€C?I1J/,!f; /.5,2 S/-I/l72:e;; /I;t:-ro-:<
7;#3 NAY /11f S~tlT
SUSANNE K, SATHER,
Plainllff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94.2614 CIVIL TERM
.
)'~
.
vs.
CIVIL ACTION . LAW
JOHN ROBERT SATHER,
IN DIVORCE
Defendant
RULE TO SHOW CA.USE
AND NOW, this !/.:l?1L day of ,Xfl~<"j'"I/", "0, t995, upon consideration of the attached Motion to
Quash Subpoena a Rule Is hereby Issued upon Plalnllff, Susanne K. Sather, to show cause why the Subpoena directing
Joseph L. Hitchings. Esquire 10 testify on the Plalnllffs behalf althe hearing scheduled for December 28. 1995 at 3:30
p,m. should not be quashed. Rule relurnabte althe hearing scheduled for December 28, 1995 at 3:30 p.m.
BY THE COURT,
) IIM"~/,(J ~ ,p..
'- 4<J J,
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003549-OOOO5IDecemb., n. 1995/JLlI/M1I/49314
CERTIFICATE OF SERVICE
I, Joseph L. Hhchlngs, of the law firm of Johnson, Duffie, Stewart & Weidner, do hereby certify that I served
a true and correct copy of the attached Motion 10 Quash Subpoena by Unhed States Mall, first class, postage prepaid,
upon the parties tlsted below:
Marla p, eognettl, Esquire
132-134 Walnut Street
P.O. Box 689
Harrisburg, PA 17108
John R. Sather
870 Bird Bay Way
Venice, FL 34292
Date: J ~ - :t ). - q..s
exhibit A
..1'..".11'1.'."111....'. It,., ~""llll @
COMMONWEAL I'll OF I'ENfliSYL \' AflilA
COUNTY OF CUMBERLAND
SUSANNE K. SATHER,
Plaintiff
v.
Filc No. 94-2614
JOHN ROBERT SA TilER
Dcfendant
SUBPOENA
TO: Joseph L. Hitchings, Esq,
Johnson, Duftic, Stcwart & Wcidner
30 I Markct Strcet
P.O. Box 109
Lemoyne. PA 17043
I. You are ordered by the court to come to the Cumberland County Courthouse, Courtroom
#5, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania, on Thursday, December
28, 1995, at 3 :30 o'clock, p.m" to testify on behalf of Susanne K. Sather in the above case, and to
remain until excused.
2. And bring with you the following, Your tile regarding JOIUl Robert Sather.
If you fall to attend or to produce thc documcnts or things rcquircd by this subpoena, you
may be subjcctto lhe sanctions authorized by Rule 234,5 of the Pennsylvania Rules of Civil
Procedurc, including but not limited to costs, attorncy fees and imprisonmcnt.
ISSUED BY A PARTY/COUNSEL IN CO~IPLlANCE \\1TH Pa,R.C.P. No. 234.2(a)
NA~IE: ~l3ria P. Cogncttl. Esquire
ADDRESS: 132-134 \\'alnut Street
1',0. Box 689
Harrisburg. I' A 17108
TELEPHO:-':E: (717) 232-2103
SUPREME COUR riD /:27914
,
DATE: .,,,>tl.~ j/ Ilj~ \ '
Seal of the Court
DY 1'I-IE COURT:
L {', I '; -'," :..
... ..
c
,
~ ( l 1_
Deput~'
OFFICIAL NOTE: This form of~ubpocm\ shall be used whencl'cr a subpocna is issuabl .
including henring, in cl1nllcctlor. with dcpnsitions nnd hcliw nrbitratl1rs, mastcrs.
cOllllubsilJucrs. 1'1.:, ill clll1lp\iun.:c Ilith Pu,R,C'.I'. No. 234,\, If u Suhpllcna lilr pl'llductklfl of
d.lcumcnts, r,'wr.~ .'1 thillgs b lblr,'d, clll1lplctc paragraph 2,
',...
~
1
,
exhibit B
OOlH9.0000,rO<tobt, 31, 1991IJLIIIMH/UO~O
SUSANNE K, SATHER.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 94.26t4 CIVIL TERM
vs.
CIVIL ACTIOS. LAW
JOHN ROBERT SATHER.
IN DtVORCE
Defendant
()RDER OF COURT
I
AND NOIV, thll .3 VLday of "'I:d..( lILt.C L, , t99S, upon the Petition of counlet for the :
Defendant in the abo\'e referen~ed divorce action. said request for relief is granted and the appearance of Joseph L. I
Hitchings, Esquire and the law tirm of Johnson, Duffie. Stewart &: Welliotr, is hereby withdrawn from representation I
I
of Defendant in the al1o\'e referenced divorce action. I
I
BY THE COeRT,
r lWJ)"I.' ,-.
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II
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TRUE COpy FA
In TestI'mIly \IihRreof OM RECORD
end I~ 3cl.l1 of ~Id C I ~re unlo 59! my ~~nd
?~~_;(: !~da ourt,~ C'..Jrlis/e, fl;!
. '(L.1. {. ~;, (J~, " {'fa)'
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Protnor,.J7.1~y /.:zy.
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OOl5H.OOOOlIO<lob.,] I. 1991IIL\lIMftI~aO:O
Plaintiff
IN THE COURT OF COMMOS PLEAS OF
CUMBERLAND COUNTY, PE~~SYLVANIA
NO. 94.26t4 CIVIL TERM
CIVIL ACTION . LAW
SUSANNE K. SATHER,
vs.
JOHN ROBERT SATHER.
IN I.)!VORd]f
.;
.,..'\: .
,..-:!" .
~~;~
'" -*'...,.
-:; :'0
PETITIO.\' TO I\'ITHDR.4 IV AS COUNSEl. 0;;", 't~. z:
!>or' ,." '"
3:.;'r. n
i=~ ;:~ 11'1 ~
~r-
AND NOW, ~omu tht Pttltloner, Joseph L. Hlt.:hlngs and the law firm ur':'Johnso&. Duftie. SteVo'art &
U'1
Weidner, and petitions the Court for allow3J1~e to withdraw as counsel for the Defendant In the above referen.:ed
matter, and a\'ers as follows: I
Defendant
I,
l. The Defe..dant. John Robert Sather, Is an adult Individual residing at 870 Bird Bav Wav. Venke. '
-' I
I
Florida 34292. I
i
2. The dil'N.:e a~tlon was Initiated b~' Plaintiff. Susanne K. Sather, who filed a Dl\'or.:e Complaint against:
the Defendant on July l. 1992. This Dll'or.:e Complaint was subsequently withdrawn, and a new Divor.:e Complalr.t I
was tiled to the above do~ket numbtr on May 16, 1994. I
3, On O.:tober 10, 1995. the Petitioner entered Its at'pearan.:e In the new dlvor~e a::[on 00 behalf of the,
Defendant.
,
4, On or about April 14. 1995, Plaintiff filed a Motion for Appointment of Muter. A pre-hearing I
.:onferen.:e Voas held bei,'re E. Robert EIi.:ker. 111. Divor.:e MJster on June 22. 1995, and a Muter's Hel:ing h3.\ been
s.:heduled lor Januar~ 30. 1996,
I
I
5, On ur abuut September 29. 1995. the Plaintiff tiled a MOllun fur San.:tlons pursu:lllt to Pa,R,C,P, ,
1920.33 and 4019. a~ a result of Ihe Defendant's alleged fallurt 10 a':llvely panlclpate In the Instl.1t dilor.:e a.:tlon,
I!
II
I:
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OOI$49,OOOOSIO<lDbcr 31. 1995IJLHIMH'UO~0
I
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1
6, A Rule to SholV Cause was entered by the Honorable J. Wesley Oler. Jr. on September 29, 1995. I
providing the Defendant thirty (30) days from the date of service within which to answer the aforementioned MOlion, !
,
I
7, Petitioner prepared a draft Answer to the Plaintiffs Motion. which was forwarded to the Defendant'
for his re\'iew and signature on or about October 20, 1995.
8. On Tuesday. October 24, 1995. the Petitioner received a telephone call from the Defendant who:
advised that he had received the draft Answu. that he did not want the Petitioner to lile the same on his behalf, nor :
did he want the Petitioner to further represent him or partidpate in this divorce action as his anorney.
9. Petitioner requested, and Lile Dtfendant agreed tv advise the Petitioner in writi~g of his desire tv I
discharge the Petitioner irom representing him in this divorce action, To date, Petitioner has not received said wrinen '
,
discharge from Defendant. although Defendant advises he mailed the same on OClober 30, 1995.
10. By lene: dated October 26. t 995. and by telephone conference of October 31. 1995. Petitioner
conlirmed Defendant's desire to discharge Petitioner from representing him in the divorce a:tlon. and advised
Defendant that a Petition tv Withdraw as Counsel would be filed.
t 1, Deiendl:,t advised petitioner he concurs In the Petition to \Vithdraw as Counsel.
WHEREFORE, the undersigned requests this Honorable Court to allow Petitioner, Ivseph L. Hitchings.
Esquire and the law lirm of Iohnsl'n, Duftie, Stewart & Weidner to withdraw from representation of Defendant In this,
dl\'orce action,
Respectfully submlned,
JOHSSO:-:. DUFFIE. STEWART & WEIDSER
Date: frl- ~ 1-15
J.J5eph L. Hltdlin~l
Anorney I. D. t'o. 65551
301 Market 5ueel
P.O, Bo\ 109
l.em11yne. PA 170n,OlO'J
Td~rhllne (7Ii) i6H54J
v.
I
I
I
I
I
I
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
SUSANNE KAY SATHER,
Plaintiff
JOHN ROBERT SATHER,
Defendant
NO. 94-2614 CIVIL TERM
IN REI PLAINTIFF'S MOTION FOR SANCTIONS PURSUANT
TO Pa. R.C.P. 1920.33 AND 4019
MOTION TO MAKE RULE ABSOLUTE
ORDER OF COURT
this ~o1Lday of November, 1995, upon consideration
AND NOW,
of Motion to Make Rule Absolute, a hearing is SCHEDULED in this
matter for Thursday, December 28, 1995, at 3130 p.m., in Courtroom
No.5, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
J.
Maria P. Cognetti, Esq.
132-134 Walnut Street
P.O. Box 689
Harrisburg, PA 17108-0689
Attorney for Plaintiff
John Robert Sather
870 Bird Bay Way
Venice, FL 34292
Defendant, Pro Se
_ C!.-cfuu< m\(\'Lc..l. p./'fI~~'
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EXHIBIT "A" - LIST OF ASSETS
MARITAL PROPERTY
DATE OF NON,MARITAL
ASSET POSSESSOR VALUE VALUATION PORTION LIENS
870 Bird Bay Way
Venice, FL Husband Unknown None None
101 Melissa Court
Enola, PA Wife Unknown None $2,700.00
. Balance due on Mellon Bank Line of Credit
1987 Cadillac Brougham Wife $3,975.00 5/95 None None
US Savings Bonds Husband Unknown None None
Nuveen Bonds Husband $15,694.50 6/17/92 None None
IBM Stock (100 shares) Husband $9.287.50 5/2/95 None None
Nations Bank Checking Ace!. Husband $5,062.94 5/22/92 None None
IBM Employees Credit Union Husband $14,626.59 5/31/92 None None
IBM Employees Credit Union Husband $337.50 6/1/92 None None
KIP Kemper Fund Husband $66,366.96 10/6/94 None Nona
Husband's IBM Pension Husband $368,984.95 5/3/95 None None
Wife's IBM Pension Wife $38,044.93 5/3/95 $23,587,86 None
Wife's Franklin Utilities Fund IRA Wife $16,914.78 12/94 .. None
Wife's US IRA Wife $23,372.00 12/94 .. None
Wife's Fidelity Investments IRA Wife $9,444.26 12/94 .. None
.. Wife believes a portion of these accounts may be non-marital
as they were acquired before the parties' marriage. Wife Is
allemptlng to locate supporting documentation
EXllInIT "A"
Week Month Year:
(Fill in Appropriate Column)
Insurance
Homeowners/
Renters 8,25
Automobile 34.00
Life
Accident
Health
other
Automobile
Payments $ $ $
Fuel 80.00
Repairs
Maintenance 40.00
Licensesl
Registration 4.17
Auto Club 2.58
Medical
Doctor 25.00
Dentist 25.00
Orthodontist
Hospital
Medicine
SUSANNE KAY SATHER,
Plaintill'
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 94-2614
JOHN ROBERT SATHER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPt: FOR WITHDRAWAL/ENTRY OF APPEAltANCE
TO THE PROTHONOTARY:
Kindly withdraw my appearance on behalf of the Plaintiff in the above-captioned
matter.
~~.~
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R. MARK THOMA ,ESQUIRE
54 E. Main Street
Mechanicsburg, PA 17055
(717) 697-4650
By:
DATED:
Kindly enter my appearance on behalf ofthe PlaintilTin the above-captioned matter.
i(a{ltic. ~.(C~ .
MARIA P. C GNETFI SQUIRE
Sup. Ct.\. D. #27914
132-134 Walnut Street
P. O. Box 689
Harrisburg, P A 17108-0689
(717) 232-2103
By:
DATED: September 12, 1994
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4. Defendant has adequate earnings to provide for the Plaintiffs support and to
pay her counsel fees, costs and expenses.
5. Plaintiff lacks sullicicnt property to provide for her reasonable needs.
6. PluintilTis unable to support herself through appropriute employment.
7. Defendant has sullicient income and assets to provide continuing support
for the Plaintiff.
8. PlaintilTnnd Defendant possess various items of marital property which are
subject to equitable distribution by lhis Court.
WHEREFORE, Pleintitl' prays this Honorable Court enter an Order making
equitable distribution of the marital property and uwarding her alimony, alimony
pendente lite, counsel fees, expenses and costs.
Respectlully Submitted,
/kca ~-iL
Maria P. C6gnetti ~ quire
Sup. Ct. J.D. #279'14
132-134 Walnut Street
P.O, Box 689
Harrisburg, P A 17108-0689
(717) 232-2103
Dated: September 14,1994
12. Section 3505(a) oflhe Divorce Codc provides:
"Where it appears to thc Court that a party is about to remove
himselfor herselfor his or her property from the jurisdiction ofthc
Court or is about to dispose ot: alienate, or encumber property in
order to deteat alimony pendente lite, alimony, child and spousal
support or similar award, an injunction may issue to prevcnt such
removal or dissipation and such property may be attached as
provided by the Rules of Civil Procedure.
WHEREFORE, Petitioner respectfully requests that this Honorable Court grant the
within Petition for Injunctive Relief and enjoin and restrain Respondent from
encumbering, dissipating, selling or otherwise alienating any and all marital asscts of the
parties.
Respcctfully Submitted,
. . )/' .-: .
/ {{L((ll C C LJ:.'Ll "-
Maria P. Cognetti, ~s uirc
Supreme Court ID# 27914
132-134 Walnut Strcet
P.O. Box 689
Harrisburg, P ^ 17108-0689
(717) 232-2103
Dated: (t!14/tl4
....
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15. On September 20, 1994, Plaintiff, through her current eounsel, Maria P.
Cognetti, Esquire, tiled thc loll owing documents: Amcnded Complaint under Section
3301(c) or 3301(d) of the Divorce Code; Petition for Alimony, Alimony Pendentc Lite,
Counsel Fees and Expenses, and Equitable Distribution; and, Petition lor Injunctive
Relief.
16. On September 21, 1994, upon consideration of the Petition for Injunctive
Relief, the Court issued a Rule to Show Cause, Rule returnablc in Iifleen (15) days.
Defendant did not tile a fornlBl response nor respond in any fashion.
17. On October 6, 1994, upon consideration ofthe Petition for Injunctivc
Relief, the Court issucd a corrected Rule to Show Cause, Rule returnable in fifteen (15)
days. Dcfendant did not tile a responsc. [The Iirst Rulc to Show to Cause had
erroneously transposed Plaintiff and Delendant.]
18. Since Defendant had not tiled any response whatsoever, Plaintiffliled a
Motion to make Rule Absolute on November 10, 1994.
19. On November 16, 1994, upon consideration of Petitioner's Petition for
Injunctivc Relief and subsequent Motion to Make Rule Absolute, an Ordcr of Court was
entered which enjoined Delendant from removing uny funds from any depository,
institution or other financiul entity which holds investments or accounts until such time as
final resolution of the economic claims involved in the above-captioned divorce action.
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prepared Pre-trial Statement. Delendant's counsellurther statcs thnt granting such
requests would allow the review of "addilionlll information which may not have been
brought out at the lirst Pre-triul Conlercnce." Copies oflhese lellers arc attuched hereto
und incorporated hcrein us Exhibits "II" und "I".
30. Delendant has been nonexistent for the entire divorce process, has not
cooperuted, and has not provided Plaintill'wilh uny type of discovery materials.
31. Considerable time and expense has been expended on the part of the
Plaintiff in an attempt to obtain inlbmlation that would have been contained in
Defendant's Pre-triul Statement. In an ellbrt to obtuin information, and more specifically,
to locate nssets within the Defendant's control, Plaintill's counsel has written the
following lellers to people other than the Defendant:
a. On September 21, 1994, a letter was written to the IBM Pennsylvania
Employee Federal Credit Union. A copy ofthis leller is uttached hereto and
incorporated herein as Exhibit "J".
b. On September 21, 1994, a letter was written to the U.S. Trust Nuveen
Processing, requesting inlbrmlllion on accounts. ^ copy ofthis letter is
attached hereto and incorporated herein us Exhibit "K".
c. On September 21, 1994, a leller was written to Nutions Bunk, Customer
Service Department, requesting information regarding uccounts paid. A
.
.,
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copy of this letter is attached hereto and incorporated herein as Exhibit "L".
d. On September 21, 1994, a letter was written to KIP-Kemper Financial
Services, attention to Shureholders Services, requesting information on
accounts. A copy of this letter is attached hereto and incorporated herein as
Exhibit "M",
e. On November 9, 1994, a second letter was written to the IBM Pennsylvania
Employee Federal Credit Union in order to obtain addition information. A
copy of this letter is attached hereto and incorporated herein as Exhibit "N".
f. On November 9, 1994, a Ictter was written to Michael Whitney, Kemper
Service Company, rcquesting information on accounts. A copy of this
letter is attached hereto and incorporated herein as Exhibit "0".
g. On December 2, 1994, a third letter was written to the IBM Pennsylvania
Employee Federal Credit Union, with an cnclosed copies of the November
16, 1994, Order of Court enjoining any removal of lilOds. A copy of this
letter is attached hereto and incorporated herein us Exhibit "P".
h. On December 2, 1994, a second letter wus sent to U.S. Trust, Nuveen
Processing, with an enclosed copy ofthe November 16, 1994, Order of
Court. A copy ofthis letter is attached hereto und incorporated herein as
Exhibit "Q".
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i. On December 2, 1994, a letter was sent to Michael Whitney, Kemper
Service Company, with an cnclosed copy of the November 16, 1994, Order
of Court. ^ copy ofthis letter is attached hereto and incorporated herein as
Exhibit "R".
j. On December 2, 1994, a second letter was sent to Nations Bank, Customer
Service Department. with an enclosed copy ofthe November 16, 1994,
Order of Court. A copy ofthis letter is attached hereto and incorporated
herein as Exhibit "S".
k. On January 12, 1995, a third leUer was written to U.S. Trust, Nuveen
Processing, requcsting further information on accounts. A copy of this
leuer is aUached hereto and incorporated herein as Exhibit "T".
I. On April 21, 1995, a leller was wriUen to Bridget A. Weeks, Kemper
Service Company, inquiring as to the released monies of an account which
was in joint namcs. A copy ofthis leller is allached hereto and incorporated
herein as Exhibit "U".
32. Plaintilrhas been put to considerable expense in the preparation of her casc
which would not have beennccessary but lor Delcndant's obstructive and non-compliant
behavi'lr.
33. Plaintifl'has becn severely hampered in the prcparation of her casc by not
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having had direct access to infonnatlon which was solely In the posscsslon of the
Defcndant.
WHEREFORE, under the authority of Pa.ItC.P. 1920.33 and 4019, Plaintiff
respectlully requests that this Ilonorable Court entcr an Order sanctioning Defendant as
follows:
a. Prohibiting Delendant from Introducing into evidence any Information or
testimony in opposition of Plaintifl's Income and Expense Statement,
Inventory and Appraisement, and Pre-trial Statement;
b. Refusing to allow Defcndant to oppose Plaint ill's claim pertaining to
equitable distribution of
marital property and other ancillary economic relief;
c. Prohibiting Delcndant from introducing into evidence a Pre-trial Statement,
Inventory and Appraisement, and Income and Expense Statement;
d. Directing Defcndant to pay Plalntill's reasonable counsel Ices, costs and
expenses incurrcd in connection with the excess work creuted by
Defcndant's conduct, and in connection with the filing, preparation and
disposition ol'the instant Motion and in excess work in the amount of
$2,500.00; and,
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JJa",<<J1:l'dlr(
Marin P. CogncUi
132-134 Wolnut Streel
1'.0, Box 689
lIorrlsburg,l'A 17108-01189
(717) 232-2103
Fox (717) 232-5775
rl1,t1c:c !.Indled to "'mlly IIId Maulmonl,ll.,w
KARliN A. SIIERlFF
lisa' A" 'tlnl
MAlliA r.COONIm1'
,
Fellow. AmcrlclI1 Academy
ur Matrlmonlall.lWYCI'1
August 22, 1995
IiENT VIA FIRST CLASS A.tiD CERTIFIED MAIL
John R. Sather
870 Dird Bay Way
Venice, FL 34292
RE: Sather v. Sather
Dear Mr. Sather:
As you know from previous documentation, your divorce hearing is set before
Master Elicker for Thursday, October 5, 1995,10 begin at 9:00 a.m. in his office. Please
be advised that on that date we plan to presenl teslimony and evidence along the lines 01'
the swom statement 01' facls which I have forwarded for your review and information. If
you would plan to contest the facts as sel forth inlhat slatement, you should contact
Master Elicker immediately and advise him 01' your posilion. If the Master does not hear
from you to the conlrary, it is very likely Iltnt he will accept our statement of the facts as
Irue and correct and enter an Order along Ihose lines. Thcrcforc, it is very imperative for
you to have some input in this process. This can be done, as 1 have said above, by written
communication with Master Elicker. You can wrile 10 him al9 North Hanover Street,
Carlisle, Pennsylvania 17013. I would grcatly appreciale il if you would copy any such
correspondence to me as well. We will look forward 10 hearing from you in this regard.
Vc~ Iruly your~/-.:+/,
/t(cudf. &~1l-t L~
MarinI'. cjigncI~)
MPC/kl11
Enclosure
cc: Master Robert Elicker (w/cnc.)
Susanne Sather (w/o enc.)
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REeF' ~ED APR 1 3 1~
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Streel
Carlisle, PA 17013
(717) 240'6535
E. Robert Elicker, "
Divorce Mosler
Tracl"o Colver April 12, 1995
Olllee Maneger/Reporter
Maria P. Cognetti
Attorney at Law
P.O. Box 689
Harrisburg, PA 1710B-0689
RE: Susanne Kay Sather vs. John Robert Sather
No. 2614 civil 1994
In Divorce
We.t Ihore
697-0371 Exl, 6535
John Robert Sather
870 Bird Bay Way
Venice, Florida 34292
Dear Ms. cognetti and Mr. Sather:
By order of Court of President Judge Harold E. Sheely
dated April 5, 1995, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on May 16, 1994, raising
grounds for divorce of irretrievable breakdown and the economic
claim of equitable distribution.
On September 20, 1994, an amended complaint in divorce
was filed averring that the parties were separated for a period
in excess of two years, No date of separation was stated in the
complaint, On January 9, 1995, an affidavit under section
3301(d) was filed by the Plaintiff averring that the parties
have been separated since June 17, 1992, a period in exceES of
two years. Therefore, grounds for divorce are apparently not at
issue.
In addition to the economic claim of equitable
distribution, which was raised in the complaint, the Plaintiff
filed a petition on September 20, 1994, raising additional
economic claims of alimony, alimony pendente lite, and counsel
fees and expenses. The petition also raises equitable
distribution but, as noted, that count was previously raised in
the complaint,
.
SUSANNE KAY SATHER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 2614 CIVIL 1994
JOHN ROBER SATHER,
Defendant IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Thursday, June 22, 1995
Present for the Plaintiff, Susanne Kay Sather was
attorney Maria p, Cognetti and her law clerk Michelle Stokes.
The Defendant, John Robert Sather, has not had any counsel
appear on his behalf in the action nor has there been any
communication from Mr. Sather in response to the pleadings filed
and in response to the Master's notice to file pre-trial
statements or appear at today's conference,
The parties were married on January 12, 1979, and
separated on June 17, 1992, A divorce complaint was filed on
May 16, 1994, raising grounds for divorce of irretrievable
breakdown of the marriage and the economic issue of equitable
distribution. Subsequent to the filing of the complaint the
Plaintiff filed additional economic claims of alimony and
counsel fees and expenses. Wife has also filed an affidavit
under section 3301(d) of the Domestic Relations Code averring
that the parties have been separated since June 17, 1992, a
period in excess of two years. Therefore, the divorce can
proceed on the basis of the parties having been separated for a
period in excess of two years,
There are no children born of the present marriage
although wife has one child to a prior marriage and husband has
three children to a prior marriage. Neither party is
contributing to the other party any support or alimony pendente
lite.
Wife is 48 years of age and resides at 101 Melissa
court, Enola, Pennsylvania, where she lives alone. According to
her pre-trial stat~ment the property is subject to a lien in
favor of Mellon Bank in the approximate amount of $2,700.00. We
will need to have a current payoff of that lien close to the
date of the hearing, Wife is a high school graduate and has
taken some college courses, She is currently employed with
Reager & Adler, P.C. as a closing coordinator and has a biweekly
gross income of $896.92. Wife has no other sources of income
. .
other than som~ interest which she may be earning on liquid
asset accounts, Wife does not complain of any health problems.
Husband is 63 years of age and resides at 870 Bird
Bay Way, Venice, Florida. We do not know whether he is living
with anybody at the present time. He is a retired manager from
IBM, his retirement having occurred in 1986. Husband is a high
school graduate and also has had some college courses. He has a
monthly pension of $2,614.47 and also receives social secuirty
monthly although we do not have that amount at thls time. We
have no evidence that husband is experiencing any health
problems.
Wife owns the property at 101 Melissa court, Enola,
Pennsylvania, in her name only and according to her counsel that
property was owned by wife prior to the marriage and, therefore,
is premarital proeprty. We are, consequently, looking to the
increase in value of the property from date of marriage to date
of separation in doing the equitable distribution computation.
The property, however, at 870 Bird Bay Way, Venice,
Florida, is in joint names, and we will need to have a value
established for that property for the equitable distribution
computation.
Wife on her pre-trial statement has listed various
items of marital property which include a 1987 Cadillac Brougham
vehicle. Aside from that partiCUlar tangible asset, all of the
other assets listed in wife's pre-trial statement (except for
the real estate), are liquid assets inVOlving interest in
savings bonds, stocks, accounts, pension plans, and IRAs. with
respect to the pensions and wife's IRAs there is a possibility
that a portion of each of those particular assets were acquired
by one of the parties prior to the marriage, and, therefore, we
need to determine what portion of those assets are ma~ital,
For instance, with respect to husband's pension, we will need to
have counsel provide a coverture formula to determine what
portion of that pension was earned during the marriage of the
parties, Another issue with regard to the pension of husband
is that he has been receiving his pension since 1986, but more
importantly to our particular economic situation in resolving
this case, is that he has been continuing to receive the pension
since the parties separated in June 1992, Therefore, a portion
of those payments received since the parties separated would be
attributed to wife's interest and wife will be entitled to some
reimbursement for her interest in the monthly pension payments
which husband has been receiving totally.
Wife's counsel is going to prepare a statement of
.
wife regarding the factors in the Divorce Code relating to
equitable distribution, identification of assets, and values or
assets and have that statement prepared and sent to Mr. Sather
and to the Master, At the time of the hearing which will be
scheduled, wife and her counsel and any supporting witnesses
will appear and testify to the information contained in the
statement. Based on that testimony, if we do not have a
response from Mr, Sather and participation from him in the case
and his statement on the record at the hearing, we will proceed
on the basis of tho information presented by wife's testimony to
make findings of fact and recommendations in resolving the
economic claims.
wife's counsel is also requested to prepare a
statement of a proposed resolution of this case taking into
account the various assets, values of those assets, and who may
have received the benefit from assets prior to the date of the
hearing, For instance, it is alleged that husband has taken
considerable amounts of money from marital assets and converted
those assets to his own benefit and use. specifically one
account we are aware of that such a withdrawal has occurred is
the Kemper Fund. According to information wife's counsel has
presented, husband made two $25,000.00 withdrawals from that
fund receiving a total of $50,000.00 of marital assets.
The Master has suggested that with regard to any
shortfalls which wife may have experienced as a result of
husband's conversion of assets to his own name, that we will
have to look to the pension to make up those shortfalls and also
to the real estate in Venice, Florida, which is owned in joint
names,
Counsel for wife has indicated that she will
probably withdraw her claim for alimony.
A hearing is scheduled for Thursday, October 5,
1995, at 9:00 a,m, Notices will be sent to counsel and the
parties.
(~
E. Robert Elicker, II
Divorce Master
CCI Maria P. cognetti
Attorney for Plaintiff
John Robert Sather
Pro Se
HOMCE A. 10HN~ON
IEIlIl Y Il DUFFIE
IlICH^1l0 W. ~TEW^IlT
C. 1l0Y WEIDNEIl. III
EOMlIND G. MYEIlS
'^MES A. 10HNSON
D^VID W. D,LUCE
M\.PH H. WIlIGHT, Ill.
D^VID I. lANU
lO~EPH L. HITCHINGS
lAW OFFICES
JOHNSON, DUFFIE, STEWART (/ WEIDNER
301 MARKET STREET
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 170043.0109
t(Q)~r
l1LEPHONE 717,761-4540
l1UCOPlEI\ 717.761,30IS
September 6. 1995
.1
E. Robert Elicker. III. Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle. PA 17013
Re: Susanne K, Sather v. John R, Sather
No. 2614 Civil t994
In Divorce
Dear Mr. Elicker:
Please be advised this firm has been retained to represent Mr. Sather with regard to the above
referenced divorce action. I am in receipt of an Order scheduling a Master's Hearing before you for
October 5. 1995. Mr, Sather will be out of the country the entire month of September. thereby
preventing proper preparation for the October 5" hearing. Accordingly. I am writing at this time to
request a continuance of the Master's Hearing so as to enable me to meet with Mr. Sather and prepare
and submit a pre-trial statement. We also request that you schedule a pre-trial conference to review Mr.
Sather's pre-trial statement.
I have spoken with Ms, Cogneni, counsel for Mrs. Sather. who advises that she opposes any such
continuance. and will object to a pre,trial statement tiled on Mr. Sather's behalf. It Is our position that
allowing Mr. Sather to file a pre,trial statement. and scheduling an additional pre-trial conference. will
enable yourself and Ms. Cogneni to review additional information which may not have been brought out
at the first pre,trial conference. I sense from my client that he would ultimately like to see this case
senled, and allowing the pre,trial statement amI scheduling an additional pre-trial cOllference could
facilitate a resolution of all economic issues without the need for a hearing.
Please advise me of your decision on our request.
Very truly yours,
JOHNSON. DUFFIE. STEWART & WEIDNER
Joseph L. Hitchings
JLH:mh:46476
cc: Marla Cl1gneni. Esquire
John R, Sather
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'J'aEPIIONIl
(117) 232-2103
.Atl' ~N ,y
MiU'ia P. Cogllctti
132,134 Walnul Slreet
P. O. Box 689
Harrisburg, PA 11108-0689
TE1.ncoPlER
(111) 232-5715
September 21, 1994
U.S. Trust
Nuveen Processing
7th Floor
770 Broadway
New York, NY 10003
RE: SUSANNE SATHER
SOCIAL SECURITY NO. 202-36-6103
Dear Sir or Madam:
I represent Susanne Sather. I have enclosed a photocopy of an authorization whieh
I received from her permiuing the release of information regarding any accounts
maintained in her name alone, or in her name with another individual.
I am requesting that you provide me with the following information, as of June 17
1992 through the present:
1. Type of account.
2. Title of account.
3. Date or opening account.
4. Opening baluncc.
5. Value or account on June 17, 1992.
6. Prescnt valuc or account.
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.A'{I ~N r/
Maria P. Cognctti
132,134 Walnut SlrcC(
1'. O. nux 689
Harrisburg,l'A 17108,0689
'\'I!UlcoPIBR
(717) 232,S77S
TELEPIIONB
(717) 232-2103
September 21, 1994
Nations Bank
Customer Service Department
P.O. Box 25118
Tampa, FL 33622-5118
RE: SUSANNE SATHER
SOCIAL SECURITY NO. 202-36-6103
Dear Sir or Madam:
I represent Susanne Sather. I have enclosed II photocopy of an lIuthorization which
I received from her permitting the relellse of infommtion regarding any accounts
maintained in her name alone, or in her name with IInother individual.
I am requesting that you provide me with the following information, as of June 17,
1992 through the present:
\. Type of account.
2. Title of account.
3. Date of opening account.
4. Opening balance.
5. Value of IIccount on June 17, 1992.
6. Present value or account.
\.
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IF@Uti 'Y1@ll!Jli\J UIJi]If@Uti!Nl~'U'[J@1iIl
11/13/95
DATE ____.___._________ FILE NO.
Suther
R.: .__,__~.__.'''.
[J P.r yourr.qu.st
o P.r our discussion on
.. .---~-_..__.__._.__.._._"_.- _._--_._.~._--_.._~--_.__...~-_..
v. Suther
Encloeed lor your Inform.Uon:
Pleuse fl ud your copy of Joseph HitchInlls'
---_._.~-------------_._--
PetItion to Withdrow os Couusel in the obove-
[) To upd.t. you In th. progr.n of this m.lI.r,
(R.t.ln for lulu.. ref.renc.1I d..lr.d,)
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referenced mutter.
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Pl.... conl.ct thl. office II you h.ve eny que.Uon. or require en appolntm.nl to dl.cu..lhe enclo.ed mat.nal..
To:
IE. Roberl Elicker, EsquIre "I
Divorce Huster Cumberlund COunty
9 N. Hunover Street
Curlisle, PA 17013
L .J
LAW OFFICES OF MARIA P. COGNETTI
\32.13. WALNUT STREET
POST OFFICE BOX 1188
HARRISBURG. PA m08-01188
TelEPHONE: 11171232.2103
,aRN 1110
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. OO:J'549.oGOOS/Oclobcr 31. 1995IJLllIMHI48020
6. A Rule to Show Cause was entered by the Honorable J. Wesley Oler, Jr. on September 29, 1995,
providing the Defendantthlny (30) days from the date of service within which to answer the aforementioned Motion.
7. Petitioner prepared a draft Auswer to the Plaintiffs Motion, which was forwarded to the Defendant
for his review and signature on or about October 20, 1995.
8. On Tuesday, Octoher 24, 1995, the Petitioner received a telephone call from the Defendant who
advised that he had received the draft Answer, that he did not want the Petltloner to file the same on his behalf, nor
did he want the Petitioner to funher represent him or panlcipate In this divorce action as his allomey.
9. Petitioner requested, and the Defendaut agreed to advise the Petitioner In writing of his desire to
discharge the Petitioner from representing him in this divorce action. To date, Petitioner has not received said wrillen
discharge from Defendant, although Defendant advises he mailed the same on October 30, 1995.
10. By leller dated October 26. 1995, and by telephone conference of October 31, 1995, Petitioner
confirmed Defendant's desire to discharge Petitioner from representing him In the divorce action, and advised
Defendant that a Petition to Withdraw as Counsel would he tiled.
11. Defendant advised Petitioner he concurs in the Petition to Withdraw as Counsel.
WlIEREFORE, the undersigned requests this Honorable Coun to allow Pel It loner, Joseph L. Hitchings,
Esquire and the law firm of Johnson. Duffie, Stewart & Weidner to withdraw from representation of Defendant In this
divorce action.
l
Respectfully suhmllled,
JOHNSON, DUFFIE, STEWART & WEIDNER
Date: In- '!., "1 :>
B'
Joseph L. Hitchings
Allorney I.D. No. 65551
30 I Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
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SUSANNE K. SATHER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94.2614 CIVIL TERM
Plaintiff
vs.
JOHN ROBERT SATHER,
CIVIL ACTION - LAW
IN DIVORCE
Defendant
RULE TO SHOW CAUSE
AND NOW, this ~day of -1>, t. ...L.. eJ , 1995, upon coll5lderatlon of the attached Motion to
Quash Subpoena a Rule Is hereby Issued upon Plaintiff, Susanne K. Sather, to show cause why the Subpoena directing
Joseph L. Hitchings, Esquire to testify on the Plaintiff's hehalf at the hearing scheduled for December 28, 1995 at 3:30
p.m. should not be quashed. Rule returnable at the hearing sch~'l1uled for December 28, 1995 at 3:30 p.m.
BY THE COURT,
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003549-OOOO5/Dcccmbcr 22, 19951ILH/MH/49314
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94-2614 CIVIL TERM
CIVIL ACflON - LAW
SUSANNE K. SATHER,
vs.
JOHN ROBERT SATHER,
IN DIVORCE
Defendant
MOTION 7'0 QUASH SUBPOENA
The Movant, Joseph L. Hitchings, Esquire, of the law firm of Johnson, Duffie, Stewart & Weidner,
respectfully moves the Coun pursuant to Pa.R.C.P. No. 234.4(11) for an Order quashing the Plaintiff's Subpoena for
the following reasons:
1. The case is scheduled for a hearing on December 28, 1995 at 3:30 p.m. In Cumberland County Court.
On December 14, 1995, Plaintiff, Susanne K. Sather, issued and served a Subpoena on Joseph L. Hitchings, to appear
and testify on Plaintiffs behalf and to bring with him the following: "Your file regarding John Robert Sather." A
true and correct copy of this Suhpoena Is attached hereto as Exhlhlt "A".
2. The Movant, Joseph L. Hitchings, Esquire, was counsel of record for the Defendant, John Robert
Sather, In the above captioned divorce action pursuanlto an entry of appearance filed October 10, 1995. This
representation was withdrawn pursuant to an Order of Court signed by the Honorable 1. Wesley Oler, Jr. dated
November 3, 1995. A true and correct copy of the Ordcr of Coun and Petition to Withdraw as Counsel Is attached
hereto, Incorporated herein by reference and marked as Exhibit "B".
3. As a result of the allorney client relatlunshlp previuusly entered Into between the Movant and the
Defendant In this action, any testimony rendered by the Movant would necessarily Involve confidential matters arising
out of his position as former counsel of the Defendant.
4. The Movant has informed the Dcfendantof the hcarlng set for Dccember 28, 1995 as well as the fact
that he had been subpoenaed to bring his file on this case and to testify on behalf of the Plaintiff. The Defendant has
003549-OOOO51Dcccmbcr 22, 19951JLH/MH/49314
CERTIFICATE OF SBRVICE
I, Joseph L. Hitchings, of the law firm of Johnson, Duffic, Stewart '" Weidner, do hereby certify thll I served
a true and correct copy of the attached Motion to Quash Suhpoena by United States Mall, first clan, postqe prepaid,
upon the parties listed below:
Marla P. Cognelll, Esquire
132.134 Walnut Street
P.O. Box 689
Harrisburg, PA 17108
John R. Sather
870 Bird Bay Way
Venice, FL 34292
Date: .I ~ - :t ), - q..s
exhibit A
Exhibit B
OOH49.0000sI0~lobcr 31. 199s/JLH/MH/480~O
'.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 94.2614 CIVIL TERM
CIVIL ACTION . LAW
SUSANNE K. SATHER,
vs.
JOHN ROBERT SATHER,
IN elVORcfif
.;
"'T:' 1:' I I
,..,1" .
;r:~':,-:
e;~;t~
PETITION TO W1THDRA W AS COUNSEL ~~] ~ ~
,.~~~~l" :g
~~
AND NOW, comes the Petitioner, Joseph L. Hit~hings and the law firm'l1(;;Johnsoc. Duffie, Stewart &
VI
Weidner, and petitions the Court for allowance to withdraw as counsel for the Defendant In the above referenced
malter, and avers as follows:
Defendant
1. The Defendant, John Robert Sather, is an adult Individual residing at 870 Bird Bay Way, Venice,
Florida 34292.
2. The dil'or~e action was Initiated by Plaintiff, Susanne K. Sather, who filed a Divorce Complaint against
the Defendant on July 1. 1992. This Divorce Complaint was subsequently withdrawn, and a new Dl\'orce Complaint
was tiled to the above do~ket number on May 16, 1994.
3. On O~tober 10, 1995. the Petitioner entered its appearan~e in the new divorce action on behalf of the I
Defendant.
4. On or about April 14. 1995, Plaintiff tiled a Motion for Appointment of Master. A pre-hearing I
conference was he!.! l>dore E. Robert Ellcker,l\I, Divor~e ~Iaster on June 22, 1995, and a Master's Hell'ing has been I
s~heduled for lanuary 30, 1996. I
I
5. On or about September 29, 1995, the Plaintiff tiled a Motion for Sanctions pursuant to Pa.R.C.P. i
1920.33 and 4019. a~ a result of the Defendant's allege.! failure 10 actl\'ely paniclpate In the Instant dil'orce action. I
I
,
003549.0000s/0Clobcr31. 199s/ILHiMHi480Z0
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.
. .
VERI FICA TION
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ri,
I, Joseph L. Hlt~hlnlls, verify that the slatements made In the forellolnll Petition to Withdraw as Counsel are
true and correct to the best of my knowledge, Information and belief. 1 understand that false statements herein are
made SUbJM to the penalties of 18 Pa.C.S. 14904 relatlnllto unsworn falsification to authorities.
Date: In. ?f. 7 s
1.. I
Joseph L. Hitchings
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LAW OFFICES OF MARIA P. COGNETTI
132-134 Walnut Street
P.O. Box 689
Harrisburg, PA 17108-0689
(717) 232-2103
INVOICE 112409
November 1, 1995
SUSANNE SATHER
101 MELISSA COURT
ENOLA PA 17025
CLIENT II 291
MATTER II 324
FOR PROFESSIONAL SERVICES RENDERED THROUGH OCTOBER 31, 1995
RE: DOMESTIC RELATIONS
FEES
Matter: 324
Oct 03/1995
Oct 03/1995
Oct 03/1995
Oct 06/1995
Oct 06/1995
Oct 10/1995
Oct 19/1995
DISBURSEMENTS
t~atter: 324
Oct 01/1995
Oct 09/1995
Oct 31/1995
DOMESTIC RELATIONS
Conference with Attorney
Office conference with Attorney
Letter to Prothonotary
Telephone conference with client
Letter to Attorney
Telephone conference with client
Telephone conference with client
Fees This Invoice
$354.00
postage
Photocopies
2.93
10.00
DOMESTIC RELATIONS
Billing error
Disbursements This Invoice
$12.93
------------
Total Fees and Disbursements
$366.93
$691. 50
Prior Balance
------------
Receipts/Retainer Applied to Prior Balance
$691. 50)
LAW OFFICES OF MARIA P. COGNETTI
132-134 Walnut Street
P.O. Box 689 ~
Harrisburg, PA 17108-0689
(717) 232-2103
INVOICE 112296
October 1, 1995
SUSANNE SATHER
101 MELISSA COURT
ENOLA PA 17025
CLIENT II 291
MATTER II 324
FOR PROFESSIONAL SERVICES RENDERED THROUGH SEPTEMBER 3D, 1995
RE: DOMESTIC RELATIONS
FEES
Matter: 324 DOMESTIC RELATIONS
Sep 01/1995 Telephone conference with client;
telephone conference with Attorney
Sep 11/1995 Review correspondence from Master
Sep 13/1995 Research and preparation of Motion for
Sanctions
Sep 14/1995 Review Motion for Sanctions
Sep 19/1995 Review Petition
Sep 26/1995 Telephone conference with Master
Sep 27/1995 Preparation of Motion for filing
Sep 27/1995 Review Petition
Sep 27/1995 Telephone conference with Attorney
Fees This Invoice
DISBURSEMENTS
Postage
Photocopies
12.00
67.00
Disbursements This Invoice
Total Fees and Disbursements
Prior Balance
Receipts/Retainer Applied to Prior Balance
Amount applied from Retainer This Invoice
$612.50
$79.00
$691.50
$0.00
$0.00)
$0.00)
LAW OFFICES OF MARIA P. COGNETTI
132-134 Walnut Street
P.O. Box 689
Harrisburg, PA 17108-0689
(717) 232-2103
INVOICE 111435
February 1, 1995
SUSANNE SATHER
101 MELISSA COURT
ENOLA PA 17025
CLIENT II 291
MATTER II 324
FOR PROFESSIONAL SERVICES RENDERED THROUGH JANUARY 31, 1995
REI DOMESTIC RELATIONS
FEES
Matter I 324
Jan 04/1995
Jan 04/1995
Jan 05/1995
Jan 05/1995
Jan 10/1995
Jan 11/1995
Jan 26/1995
Jan 27/1995
DISBURSEMENTS
Matten 324
Feb 01/1995
DOMESTIC RELATIONS
Prepare Income & Expense Statement;
telephone conference with client
Organize financial information for
Inventory & Appraisement
Letter to Defendant; letter to
Prothonotary
Prepare Pre-Trial Statement
Prepare Inventory & Appraisement
Finalize Inventory & Appraisement;
telephone conference with client; letter
to Nuveen Trust
Telephone conference with bank;
telephone conference with client
Telephone conference with client
Fees This Invoice
$400.00
DOMESTIC RELATIONS
Disbursements This Invoice
$0.00
-..----------
Total Fees and Disbursements
$400.00
$0.00
Prior Balance
LAW OFFICES OF MARIA P. COGNETTI
132-134 Walnut Street
P.O. Box 689
Harrisburg, PA 17108-0689
(717) 232-2103
INVOICE #1342
January 1, 1995
SUSANNE SATHER
101 MELISSA COURT
ENOLA PA 17025
CLIENT # 291
MATTER # 324
FOR PROFESSIONAL SERVICES RENDERED THROUGH DECEMBER 31, 1994
RE: DOMESTIC RELATIONS
FEES
Dee 27/1994
DOMESTIC RELATIONS
Review correspondence
Review correspondence from Kemper
Telephone conference with client
Letter to client; preparation of
Plaintiff's 3301(d) Affidavit and
Defendant's Counter Affidavit
Letter to client
Matter: 324
Dee 09/1994
Dee 20/1994
Dee 22/1994
Dee 22/1994
Fees This Invoice
$202.00
DISBURSEMENTS
Matter: 324
Jan 01/1995
DOMESTIC RELATIONS
Disbursements This Invoice
$0.00
------------
Prior Balance
$202.00
$0.00
Total Fees and Disbursements
------------
Receipts/Retainer Applied to Prior Balance
Amount applied from Retainer This Invoice
(
(
$0.00)
$202.00)
$0.00
TOTAL DUE
LAW OFFICES OF MARIA P. COGNETTI
132-134 Walnut Street
P.O. Box 689
Harrisburg, PA 17108-0689
(717) 232-2103
INVOICE #1231
November 30, 1994
SUSANNE SATHER
101 MELISSA COURT
ENOLA PA 17025
CLIENT # 291
MATTER # 324
FOR PROFESSIONAL SERVICES RENDERED THROUGH OCTOBER 31, 1994
RE: DOMESTIC RELATIONS
FEES
Matter: 324
Nov 07/1994
Nov 07/1994
Nov 08/1994
Nov 09/1994
Nov 10/1994
Nov 14/1994
Nov 21/1994
Nov 29/1994
DISBURSEMENTS
Matter: 324
Nov 09/1994
Nov 30/1994
DOMESTIC RELATIONS
Review Interrogatories
Preparation of preliminary analysis of
assets; lengthy telephone conference
with Kemper; letter to Kemper; letter to
IBM; telephone conference with client
Telephone conference with client
Preparation of Motion to Make Rule
Absolute
File documents with Court
Review 91 and 92 tax returns.
Review Court Order.
Letter to Kemper, IBM, Nation's Bank and
U.S.Trust; letter to Defendant.
Fees This Invoice
$465,50
DOMESTIC RELATIONS
Fax Transmission
5.00
Disbursements This Invoice
$5.00
------------
Total Fees and Disbursements
$470.50
$0.00
Prior Balance
the summer of 1991, Mr. Sather did not speak to me for IImt entire summer,
approximately 2 months. At that time we had an argument over my son from my prior
marriage. My husband had not spokcnto my son for a pcriod in cxccss oftwo years.
Howcvcr, atthc cnd of that summcr Mr. Sather asked mc to rcturn to Florida, which we
always did at that timc ofycar. Sincc hc appcarcd to have determincd that things were
back to nonnal, I agrccd to rcturn to Florida with him.
At Christmas limc howcvcr wc oncc again camc back to thc Pcnnsylvania arca lor
the holidays. Things wcrc once again bad bclwccn my husband and my son, Mark.
(Mark Iivcd inthc homc in Pennsylvania whilc wc were in Florida cach year.) Howcvcr,
at the cnd ofthe Christmus holiday that ycar I did in fact once again return to Florida with
my husband. Things wcrc linc as long us I would not rock the boat. In June of 1992, wc
once again rclurned to Pcnnsylvaniu. Atthut time, we had not cven becn home two days
when he startcd in on Mark immediatcly. Hc told me that hc want cd Mark's belongings
rcmoved from thc shcd. Sincc hc was still not spcaking to Mark, it bccamc my obligation
to convcy this to Murk. When thc itcms wcrc not rcmoved from the shed by the next day,
he directed me to throw my son ont of the housc. I did in filct convcy this to Mark out of
a fcar that Mark and my husband might hurt cllch olhcr. Mark thcn packcd his belongings
and did in factl110vc oul. I was hystericlIl utthllt point. (livcd with this dccislon for
about two days. Ilhcn askcd my husband to go bllck to Floridll without me. Hc
acquiesced and removed himself Irom the Pennsylvllnia home soon therealler. We have
not seen elleh other sinee Ilmt dllY.
4. On or ahout July I, 1992,1 contacted un ullorlley and tiled for divorce here
in Cumberlllnd County. Duc to proccdurul problems (hilt Divorec Complaint was
eventually withdruwn on May 16, 1994 IInd a second Complaint was tiled on that same
date. The Divorce Complaint was thcllllmcnded on Septcmber 20, 1994. Finally, a
Motion for Appointment of a Master was Iiled on April 4, 1995.
5. With regard to the relevllnt lilcts of this case, they arc liS follows:
- Mr. Sather IInd 1 have been marricd lor a period of approximlltely 16 years.
- This was II second marriage lor both of us. My tirst marriage lasted
approximately threc yellrs and Irom tlmtmarriagc 1 have my son, Mark, who is 26 years
of age. That marriage ended in divorcc. Mr. Sathcr was likewise marricd previously and
I belicvc his prior marriagc may havc lasted approximlltely 20 ycars. Fromlhat marriagc
he has thrce children: Kevin, age 38; Glcn, approximutely 33 or 34; and Jell;
approximatcly 28. I lis marriagc likewise cnded in divorcc.
- 1 was born on Junc 19, 1947 and am 48 years of age. 1 U1n in good health. My
present station in Iile is basically of a middle e1ass person. My sole sourcc of income at
this timc is from my cmploymcnt with Reager and Adler as II real estate closing
coordinator. At the present time [make approximately $24,400 per year. I hllve II high
school diploma and mn currently taking some parnlegal courscs. I have heen so
employed since approximately April 1993 and plan to remain at this joh Illr liS long liS
possible. [have no eslale other lhan what I helieve to he marital property. Furthcrmorc, I
havc onc major deht at this time which is a line of credit with Mellon Bank to whom I
owc $3,500. This was primarily Illr my legal lees and my son's wedding. Other than that
[ have basic ordinary deht. I helievc it is signi ficantto notc thai there was absolutely no
marital debt atlhc time of my scparation Irommy hushand.
- My hushand was horn on Novcmhcr 29, 1931. [havc no knowledge as to my
husband's currcnt hcalth nor as to his ClllTcnt station in life. To the best of my knowledge
my husband is retired from IBM and rcccivcs hllth his IBM rctircmcnt and his social
security incomc. Imn ahsolutcly unawarc of whether or not my husband has other
employment at this time. My hushand also hns his high school diploma and has some
college courses. His field is in financial planning and managcment. To the best of my
knowledge I helieve my hushand could he employed at this time and there would he no
good reason why hc would not be so employed. I am unaware of whether or not my
husband has any dchts althis point in time. However, as staled ahove, there were no
marital dehts III the lime of our separation and he therefore has nnt he~n responsible for
the payment of any such murital debt. Neither of us eontrihuled to the education, training
or increased canting power ofthe olher party.
. Olher thanlhe gcnerul growlh of our prescnt assets, I do nol believe that either of
us has any speeial opportunities for lilture acquisilionof assels and income. However, I
would note Ihllt since Ihe lime of our scparulion my husband has been in sole possession
and control of all of the VIIS I mlljority ofmllrilal assets other Ihan the home in which I
reside. Therefore, any acquisilions he hus been able 10 makc in lighl of that fhct are not
within my knowlcdge.
. As slated above my primary and only source of income is Ihrough my
employmenl. My employer provides me wilh some medical coverage and I am
responsible for paying the remainder. The coverage provided to me Ihrough my
employmenl is not nearly as good as what my husband has Ihrough his IBM coverage.
Furthermore, I have just slarted being able 10 contribute to a 401 K plan. I believe that I
put in 6% of my salary. Right now there is no mutch from my company.(l also of course
havc my IBM pension.) There arc no other benelits from my cmployment.
. My husband slill has his IBM hcalth coveragc which includes medical, denial
and, I belicve, eyc as wcll. Likewisc hc is currenlly receiving his IIlM retirement
benefils. I am unawarc of any olhcr benclits he may he receiving from IBM. His other
source of income known 10 me is his social security. I have no knowledge as to whethcr
or not my husband has any other sources of income at this time. However, \ would note,
since my husband hus been in control of all of our various murital assets he most likely
hus receivcd all of the dividend and intercst income from those assets. I have no way of
knowing how much that would be.
_ \ would delinitely state that during the course of our marriage, my husband and \
equally contributed to the acquisition, preservation and/or appreciation of our marital
property. In fact, for most items, we paid in an exactly equal amount. However, since
our separation, my husband has been solely responsible for the dissipation of fairly
massive amounts of assets. \ will discuss this in greater detail when I get to the part of
what assets we have or had utthe lime of our separation.
_ There is no property which would be set apart to me as my own separate
property. \ am unaware as to what, i I' any, separate propcrty my husband muy have
acquired since our separation. I would have to assume Ihat based upon the circumstances
any post-separation propcrty has bcen acquircd by his usc of our marital assets.
_ With regard to the s(andurd of living which we enjoycd during the marriagc,\
would suy thut it would he considcrcd at least upper middlc cluss. We basically bought a
new, fairly expensivc, vchicle cvery three ycurs. (Gcncrally u Cudillac) Wc took a
vucution out of the country atleusl oncc a year und vucationed in Floridu (prior to moving
thcre) utleusttwice a yeur. Wc would generally cut out oncc a week. I busically felt thut
we were in a position to bc ablc to afford ahnos( anything that wc might rcquirc. At somc
point, wc thcn bought a sr.cond homc which wc basically uscd as our vacation homc. Wc
cvcntually split our timc bctwccn Florida and Pcnnsylvania.
Atthc prcscnttimc I basically do nonc ofthc abovc. I havc nottakcn a vacation,
othcr than long wcckcnds, sincc our scparation. FurthcmlOrc, I am still driving a 1987
Cadillac with approximatcly 100,000 milcs on it. I am unawarc as to what my husband's
currcnt standard of living may bc.
- My cconomic circumstanccs at this point intimc arc simply Ihatlmakc
approximatcly $24,000 pcr ycar and havc CXPCnSCS wcll in acccss ofthat amount. I havc
a homc with no mortgagc paymcnllhcrcon and that is basically how I havc bccn ablc to
makc cnds mcct. I am unfamiliar wilh what my husband's cconomic circumstances may
bc at this point in timc.
- Ncilhcr my husband, to the bcst of my knowlcdgc, nor mysclfwould or are the
custodian of any minor childrcn.
6. With rcgard to thc asscls owncd by mysclf and/or my husband at the timc of
our separation, I havc bccn ablc (0 piccc togcthcr Ihc following dala. I can notc whallhe
various asscts arc or should bc and whalthcir currcnt valucs arc or would havc bccn.
Whcrc my infomlation is skctchy is simply bascd upon thc (l\ctthatnot only did my
.
.
Husbond's IBM Pension
Wife's IBM Pension
Wife's Frnnklin Utilitics Fund IRA
Wife's US IRA
Wile's Fidclity Invcstmcn(s IRA
Husband's (Jankcr's Trust IRA
minimum
$368,984.95.
$ 14,457.Q7
$ 16,914.78
$ 23,372.00
$ 9,444.26
$ 24,000.00.
or the abovc listcd asscts my husband is in control orall the asscts morkcd by an
"." I hovc been ablc to dclcnllinc thot hc hns rcmoved all the monics from the KIP
Kempcr Fund, Nations Bnnk Chccking Accounl, and the IBM Employecs Credit Union
Accounts. I Ulll unaware or the present disposition or thcse monies ns wcll as the other
assets in his posscssion.
With the above factors in mind it is my belicrthnt an equitoble award by this Court
would be comprised or the lollowing:
a. Thc home located nt 101 Melissn Court, ErlOln, Pennsylvnnia, should
become my sepornlc propcrty.
b. ^ Qualified Domcstie Rcln<ions Order should be entercd dircctcd 10 IBM,
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanovor Streel
Carlisle, PA 17013
(717) 240.6535
E. Robert Elicker, II
Divorce MBsler
Tracl.JoColwer Apri112,1995
Office Manager/Raporter
Maria P. Cognetti
Attorney at Law
P.O. Box 6B9
Harrisburg, PA 17108-06B9
RE: Susanne Kay Sather vs, John Robert Sather
No. 2614 civil 1994
In Divorce
w.., Ihore
697.0371 Exl.6535
John Robert Sather
B70 Bird Bay Way
Venice, Florida 34292
Dear Ms. cognetti and Mr. Sather:
By order of Court of President Judge Harold E. Sheely
dated AprilS, 1995, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on May 16, 1994, raising
grounds for divorce of irretrievable breakdown and the economic
claim of equitable distribution.
On September 20, 1994, an amended complaint in divorce
was filed averring that the parties were separated for a period
in excess of two years, No date of separation was stated in the
complaint, On January 9, 1995, an affidavit under section
3301(d) was filed by the Plaintiff averring that the parties
have been separated since June 17, 1992, a period in excess of
two years. Therefore, grounds for divorce are apparently not at
issue.
In addition to the economic claim of equitable
distribution, which was raised in the complaint, the Plaintiff
filed a petition on September 20, 1994, raising additional
economic claims of alimony, alimony pendente lite, and counsel
fees and expenses. The petition also raises equitable
distribution but, as noted, that count was previously raised in
the complaint.
SUSANNE KAY SATIIER, : IN TilE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. I CIVIL ACTION - LAW
I
I NO. 2614 CIVIL 1994
JOliN ROBERT SATIIER,
Defendant IN DIvonCE
ORDEn AND NonCE SE'I"rING IIEAIlING
To: Susanne Kay Sather
Maria P. Cognetti
John Robert Sather
, Plaintiff
, Counsel for Plaintiff
, Defendant
, Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania, on the 5th day
of October ,l995,at 9:00 a.m., at which place
and time you will be given tile opportunity to present witnesses
and eKhibitG in support of your case.
By the Court,
~ CRA-o-..f \===
Harold E. Sheely,
,Judge
Date of Order and
Notice: 6/22/95
By:
(~ 12t;j-!J;~~~
Divorce Master
IF YOU DO NOT IIAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPIIONE THE OFFICE SET FORTH BELOW TO PIND OUT WHERE YOU
CAN GET LEGAL IIELP.
Court Administrator
Fourth Floor, East Wing
Cumberland County Courthouse
Carlisle, PA l70l3
Telephone (717) 240-6200
~
SUSANNE KAY SATHER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2614 CIVIL 1994
vs.
~
JOHN ROBER SATHER,
Defendant
IN DIVORCE
RE: Pre-Hearing Conference Memorandum
DATE: Thursday, June 22, 1995
Present for the Plaintiff, Susanne Kay Sather was
attorney Maria P. Cognetti and her law clerk Michelle Stokes.
The Defendant, John Robert Sather, has not had any counsel
appear on his behalf in the action nor has there been any
communication from Mr. Sather in response to the pleadings filed
and in response to the Master's notice to file pre-trial
statements or appear at today's conference.
The parties were married on January 12, 1979, and
separated on June 17, 1992. A divorce complaint was filed on
May 16, 1994, raising grounds for divorce of irretrievable
breakdown of the marriage and the economic issue of equitable
distribution. Subsequent to the filing of the complaint the
Plaintiff filed additional economic claims of alimony and
counsel fees and expenses. Wife has also filed an affidavit
under Section 3301(d) of the Domestic Relations Code averring
that the parties have been separated since June 17, 1992, a
period in excess of two years. Therefore, the divorce can
proceed on the basis of the parties having been separated for a
period in excess of two years.
There are no children born of the present marriage
although wife has one child to a prior marriage and husband has
three children to a prior marriage. Neither party is
contributing to the other party any support or alimony pendente
lite.
Wife is 48 years of age and resides at 101 Melissa
Court, Enola, Pennsylvania, where she lives alone. According to
her pre-trial statement the property is subject to a lien in
favor of Mellon Bank in the approximate amount of $2,700.00. We
will need to have a current payoff of that lien close to the
date of the hearing. Wife is a high school graduate and has
taken some college courses. She is currently employed with
Reager & Adler, P.C. as a closing coordinator and has a biweekly
gross income of $896.92, Wife has no other sources of income
~
other than some interest which she may be earning on liquid
asset accounts. Wife does not complain of any health problems.
Husband is 63 years of age and resides at 870 Bird
Bay Way, Venice, Florida. We do not know whether he is living
with anybody at the present time. He is a retired manager from
IBM, his retirement having occurred in 1986. Husband is a high
school graduate and also has had some college courses. He has a
monthly pension of $2,614.47 and also receives social secuirty
monthly although we do not have that amount at this time. We
havs no evidence that husband is experiencing any health
problems.
Wife owns the property at 101 Melissa Court, Enola,
Pennsylvania, in her name only and according to her counsel that
property was owned by wife prior to the marriage and, therefore,
is premarital proeprty. We are, consequently, looking to the
increase in value of the property from date of marriage to date
of separation in doing the equitable distribution computation.
The property, however, at 870 Bird Bay Way, Venice,
Florida, is in joint names, and we will need to have a value
established for that property for the equitable distribution
computation.
Wife on her pre-trial statement has listed various
items of marital property which include a 1987 Cadillac Brougham
vehicle. Aside from that particular tangible asset, all of the
other assets listed in wife's pre-trial statement (except for
the real estate), are liquid assets involving interest in
savings bonds, stocks, accounts, pension plans, and IRAs. With
respect to the pensions and wife's IRAs there is a possibility
that a portion of each of those particular assets were acquired
by one of the parties prior to the marriage, and, therefore, we
need to determine what portion of those assets are marital.
For instance, with respect to husband's pension, we will need to
have counsel provide a coverture formula to determine what
portion of that pension was earned during the marriage of the
parties. Another issue with regard to the pension of husband
is that he has been receiving his pension since 1986, but more
importantly to our particular economic situation in resolving
this case, is that he has been continuing to receive the pension
since the parties separated in June 1992. Therefore, a portion
of those payments received since the parties separated would be
attributed to wife's interest and wife will be entitled to some
reimbursement for her interest in the monthly pension payments
which husband has been receiving totally.
Wife's counsel is going to prepare a statement of
.
wife regarding the factors in the Divorce Code relating to
equitable distribution, identification of assets, and values of
assets and have that statement prepared and sent to Mr. Sather
and to the Master. At the time of the hearing which will be
scheduled, wife and her counsel and any supporting witnesses
will appear and testify to the information contained in the
statement. Based on that testimony, if we do not have a
response from Mr. Sather and participation from him in the case
and his statement on the record at the hearing, we will proceed
on the basis of the information presented by wife's testimony to
make findings of fact and recommendations in resolving the
economic claims.
Wife's counsel is also requested to prepare a
statement of a proposed resolution of this case taking into
account the various assets, values of those assets, and who may
have received the benefit from assets prior to the date of the
hearing. For instance, it is alleged that husband has taken
considerable amounts of money from marital assets and converted
those assets to his own benefit and use. Specifically one
account we are aware of that such a withdrawal has occurred is
the Kemper Fund, According to information wife's counsel has
presented, husband made two $25,000.00 withdrawals from that
fund receiving a total of $50,000.00 of marital assets.
The Master has suggested that with regard to any
shortfalls which wife may have experienced as a result of
husband's conversion of assets to his own name, that we will
have to look to the pension to make up those shortfalls and also
to the real estate in Venice, Florida, which is owned in joint
names.
Counsel for wife has indicated that she will
probably withdraw her claim for alimony.
A hearing is scheduled for Thursday, October 5,
1995, at 9:00 a.m. Notices will be sent to counsel and the
parties.
E. Robert Elicker, II
Divorce Master
CCI Maria P. cognetti
Attorney for Plaintiff
John Robert Sather
Pro Se
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
I, Robert IlIck.r, II
Divorce Master
w.., Ihore
697-0371 Exl. 6535
Tracl olD Col~.r
Oil Ice Manager/Reporter
Maria P. Cognetti
Attorney at Law
P.O. Box 689
Harrisburg, PA 1710B-06B9
September 7, 1995
Joseph L. Hitchings, Esquire
JOHNSON, DUFFIE, STEWART
& WEIDNER
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
RE: Susanne Kay Sather vs. John Robert sather
No. 94 - 2614
In Divorce
Dear Ms. Cognetti and Mr. Hitchings:
I am writing in response to Mr. Hitchings' letter of
September 6, 1995, requesting that the hearing scheduled for
October 5, 1995, be continued and that we reschedule the case
for another pre-hearing conference. Both requests are denied.
Mr. Sather has had adequate time to become involved in this case
and to obtain counsel previously, and I am not going to grant
additional time simply because he is going to be away in
september and has not taken the initiative to involve himself in
this case earlier,
The Master was appointed on April 5, 1995, pre-trial
statements were directed to be filed by May 5, 1995, and a
pre-hearing conference was held on June 22, 1995. On all
occasions Mr. Sather has been notified and his decision now to
decide to appear in the action and request additional time for
preparation should not work to the detriment of Mrs. Sather and
her counsel who wish to go forward with the case. Mr. Sather
has known since late June that the hearing has been scheduled
for October 5, 1995.
We do have an issue as to Mr. Sather's failure to file a
pre-trial statement and if Ms. Cognetti wishes to raise that
issue, I am informing her that it should be raised by a motion
to the Court, prior to the hearing, on a petition for sanctions
the summer of 1991, Mr. Sather did not speak to me for (hat entire summer,
approximately 2 mon(hs. At that time we had an argument over my son from my prior
marriage. My husband had not spoken to my son lor a period in excess of two years.
However, at the end ofthat summer Mr. Sather asked me to return to Florida, which we
always did at that time ofycar. Since he appeared to have deternlined that things were
back to normal, I agreed to return to Florida with him.
At Christmas time however we once again came back to the Pennsylvania area for
the holidays. Things were once again bad between my husband and my son, Mark.
(Mark lived in the home in Pennsylvania while we were in Florida each year.) However,
at the end ofthe Christmas holiday that year I did in fact once again return to Florida with
my husband. Things were fine as long as I would not rock the boat. In June of 1992, we
once again returned (0 Pennsylvania. At that time, we had not even been home two days
when he started in on Mark immediately. He told me that he wanted Mark's belongings
removed from the shed. Since he was still not speaking to Mark, it became my obligation
to convey this to Mark. When the items were not removed from the shed by the next day,
he directed me to throw my son out of the house. I did inlhct convey this to Mark out of
a fear that Mark and my husband might hurt each other. Mark then packed his belongings
and did in Ihctmove out. I was hysterical at that point. I lived with this decision for
about two days. I then asked my husband to go back to Florida without me. He
acquiesced and removed himself trom the Pennsylvania home soon thereafter. We have
not seen each other since that day.
4. On or about July I, 1992, I contacted an attorney and filed tor divorce here
in Cumbcrland County. Due to procedural problems that Divorce Complaint was
eventually withdrawn on May 16, 1994 and a second Complaint was filed on that same
date. The Divorce Complaint was (hen amended on Scptember 20, 1994. Finally, a
Motion for Appointment of a Master was filed on April 4, 1995.
5. With regard to the relevant fucts ofthis case, they are as tollows:
. Mr. Sather and I have been married for a period of approximately 16 years.
. This was a second marriage for both of us. My lirstmarriage lasted
approximately three years and from that marriage I have my son, Mark, who is 26 years
of age. That marriage ended in divorce. Mr. Sather was likewise married previously and
I believe his prior marriage mny have lasted approximately 20 years. From that marriage
he has three children: Kevin, age 38; Glen, approximately 33 or 34; and Jeff,
approximately 28. I lis marriage likewise ended in divorce.
. I was born on June 19, 1947 and am 48 years of age. I am in good health. My
present stnlion in life is basically of a middle class person. My sole source of income at
this time is from my employment with Reager and Adler as a rcal cstatc closing
coordinator. At the present time I make approximately $24,400 per year. I have a high
school diploma and 11I11 currently taking some paralegal courses. I have been so
employed since approximately April 1993 and plan to remainutthis job for as long as
possible. I have no estate other thun what I believe to be marital property. Furthermore, I
have one major debt at this timc which is a line of credit with Mellon Bank to whom I
owe $3,500. This was primarily lor my legal fees and my son's wedding. Othcr than that
I have basic ordinary debt. I believe it is significant to note that there was absolutely no
marital debt at the time of my scparation from my husband.
. My husband was born on November 29, 1931. I havc no knowledge as to my
husband's current health nor as to his currcnt station in Iifc. To thc best of my knowledgc
my husband is retired from IBM and receives both his IBM rctirement and his social
security income. 11IIllubsolutely unaware of whether or not my husband has other
employmcnt at this time. My husbund also hus his high school diploma and has some
college courses. His field is in financial planning and management. To the best of my
knowledge I believe my husbund could be employed at this time and there would bc no
good reuson why he would not be so employcd. I am unawure of whether or not my
husbund hus uny debts utthis point in time. However, us stuled ubove, there were no
marital dcbts at the time of our sepuration and he there tore has not been responsible for
the payment of any such marital debt. Neither of us contributed to the education, training
or increased earning power of the other party.
_ Other than the general growth of our present assets, I do not believe that either of
us has any special opportunities for future acquisition of assets and income. However, I
would note that since the time of our separation my husband has been in sole possession
and control of all of the vast majority of marital assets other than the home in which I
reside. Therefore, any acquisitions he has been able to make in light of that fact are not
within my knowledge.
- As stated above my primary and only source of income is through my
employment. My employer provides me with some medical coverage and I am
responsible for paying the remainder. The coverage provided to me through my
employment is not nearly as good as what my husband has through his IBM coverage.
Furthennore, I have just started being able to contribute to a 401 K plan. I believe that I
put in 6% of my salary. Right now there is no match from my compnny.(1 also of course
have my IBM pension.) There are no other benefits from my employment.
- My husband still has his IBM health coverage which includes medical, dental
and, I believe, eye liS well. Likewise he is currently receiving his IBM retirement
benefits. I am unaware of any other bcnefits he may be receiving from IBM. His other
source ofincome known to me is his social security. I have no knowledge as to whether
or not my husband has any other sources of income at this time. However, I would note,
since my husband has been in control of all of our various marital assets he most likely
has received all of the dividenrland interest income from those assets. I have no way of
knowing how much that would be.
- I would definitely stale (hat during the course of our marriage, my husband and I
equally contributed to the acquisition, preservation and/or appreciation of our marital
property. In fact, for most items, we paid in an exactly equal amount. However, since
our separation, my husband has been solely responsible for the dissipation of fairly
massive amounts of assets. I will discuss this in greater detail when I get to the part of
what assets we have or had at the time of our separation.
- There is no property which would be set apart to me as my own separate
property. I am unaware as to what, if any, separate property my husband may have
acquired since our separation. I would have to assume that based upon the circumstances
any post-separation property has been acquired by his use of our marital assets.
- With regard to the standard of living which we enjoyed during the marriage, I
would say that it would be considercd at least upper middle class. Wc basically bought a
new, fairly cxpensive, vehicle every thrce ycars. (Generally a Cadillac) We (ook a
vacation out ofthe country at least once II year and vllcationcd in Florida (prior to moving
thcrc) at least twicc II ycar. We would gencrally cat out oncc II week. I basically felt that
wc wcrc in a position to bc able to offord almost anything that we might rcquire. At some
point, we then bought a second home which we basically used as our vacation home. We
eventually split our time between Florida and Pennsylvania.
At the present time I basically do none ofthe above. I have not taken a vacation,
other than long weekends, since our separation. Furthermore, I am still driving a 1987
Cadillac with approximately 100,000 miles on it. I am unaware as to what my husband's
current standard of living may be.
- My economic circumstances at this point in time are simply that I make
approximately $24,000 per year and have expenses well in access of that amount. I have
a home with no mortgage payment thereon and that is basically how I have been able to
make ends meet. I om unfamiliar with what my husband's economic circumstances may
be at this point in time.
- Neither my husband, to the best of my knowledge, nor myselfwould or are the
custodian of any minor children.
6. With regard to the assets owned by myselfandlor my husband at the time of
our separation, I have been able to piece together the following data. I can note what the
various assets are or should be and what their current values are or would hove been.
Where my information is sketchy is simply based upon the fact that not only did my
wherein IBM is immedia(ely diree(ed to forward to me monthly checks In the net amount
01'$2,600 for 0 period often years.
c. I would retain my pension with IBM os well os my three IRAs.
d. I would get 0 mortgage on the house in Florida in the amount 01'$85,000.00
f. My husband should be ordered to pay me counsel fees in the amount of
$5,000 for and toward the legal lees I hove accrued in this moiler.
I certainly hope that this history and lilcts will be of some help to the Court. This
will be substantially the basis of my lestimony to be presented to the Court at the hearing
to be held October 5, 1995. Thank you lor your time.
\, 6(/;<1.'"' k.Z'J: xfiZ1~
. 'SUSANNE KAY SA ER
Sworn to and subs$!bed
befo ~ me this" day
of '" 1995
j
Notarial Sea'
knn A. Shen". No'ory Public
Ham.burg. Dauphin Counly
My COmmlSlIoij E.p1rlll MlIIch 9. lUUO
....,~~,"',...
.
-~
v.
I IN THB COURT OF COMMON PLEAS or
I CUMBERLAND COUNTY, PBNNSYLVANIA
I
I 94-2614 CIVIL TERM
I
I CIVIL ACTION - LAW
I IN DIVORCE
SUSANNE KAY SATHBR,
plaintiff
JOHN ROBERT SATHER,
Defendant
IN REI PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE GRANTED
ORDER OF COURT
AND NOW, this 28th day of December, 1995, upon
consideration of Plaintiff's Motion To Make Rule Absolute, which
motion relates to Plaintiff's Motion for Sanctions Pursuant to
Pennsylvania Rule of Civil Procedure 1920.33 and 4019, and
following a proceeding at which the Defendant did not appear,
notwithstanding that he received notice of the date, time and
place for such proceeding, and at which the Plaintiff wa.
represented by Maria P. cognetti, Esquire, the Plaintiff's
Motion To Make Rule Absolute is granted, and pursuant to
Pennsylvania Rule of civil Procedure 1920.33(d) (1), it appearing
that the Defendant has filed no pretrial statement in this case,
the Defendant is barred from offering any testimony or
introducing any evidence in support of or in opposition to
claims for the matters required to be contained in a pretrial
statement. It is expressly found that no good cause has been
shown for the Defendant's failure to file a pretrial statement,
and it is further noted that he has not filed an inventory or an
income and expense statement.
Reasonable attorney's fees are awarded to the
SUSANNE KAY SATHER, I IN THB COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PBNNSYLVANIA
I
v. I 94-2614 CIVIL TBRM
I
JOHN ROBBRT SATHER, I CIVIL ACTION - LAW
Defendant I IN DIVORCB
IN REI MOTION TO QUASH SUBPOBNA GRANTED
ORDER OF COURT
AND NOW, this 28th day of December, 1995, upon
consideration of the Motion To Quash Subpoena filed by Jo.eph L.
Hitchings, EBquire, the motion is granted, and Mr. Hitching.'
testimony in thiB proceeding iB limited to the factB alleged in
his Petition To Withdraw AB Counsel previouBly filed.
By the Court,
I
Maria P. Cognetti, BBquire
Coun.el for Plaintiff
John Robert Sather
870 Bird Day Way
Venice, Florida 34292
Defendant, Pro Se
JOBeph L. Hitchings, EBquire
B. Robert Elicker, II, Divorce MaBter
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SUSANNE KAY SATHER, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I 94-2614 CIVIL TERM
I
JOHN ROBERT SATHER, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
III RE I MOTION TO QUASH SUBPOENA GRANTED
ORDER OF COURT
AND NOW, this 28th day of December, 1995, upon
cOl;1sideration of the Motion To Quash Subpoena filed by Joseph L.
Hitchings, Esquire, the motion is granted, and Mr. Hitchings'
testimony in this proceeding is limited to the facts alleged in
his Petition To Withdraw As Counsel previously filed.
By the Court,
I
Maria P. Cognetti, Esquire
Counsel for Plaintiff
John Robert Sather
870 Bird Day Way
Venice, Florida 34292
Defendant, Pro Se
Joseph L. Hitchings, Esquire
v'E. Robert Elicker, II, Divorce Master
Islr
,
SUSANNE KAY SATHER, I IN THE COURT OF COMMON PLEAS OF
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I 94-2614 CIVIL TERM
I
JOHN ROBERT SATHER, I CIVIL ACTION - LAW
Defendant I IN DIVORCE
IN REI PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE GRANTED
ORDER OF COURT
AND NOW, this 28th day of December, 1995, upon
consideration of Plaintiff's Motion To Make Rule Absolute, which
motion relates to Plaintiff's Motion for Sanctions Pursuant to
Pennsylvania Rule of Civil Procedure 1920.33 and 4019, and
following a proceeding at which the Defendant did not appear,
notwithstanding that he received notice of the date, time and
place for such proceeding, and at which the Plaintiff was
represented by Maria P. Cognetti, Esquire, the Plaintiff's
Motion To Make Rule Absolute is granted, and pursuant to
Pennsylvania Rule of Civil Procedure 1920.33(d) (1), it appearing
that the Defendant has filed no pretrial statement in this case,
the Defendant is barred from offering any testimony or
introducing any evidence in support of or in opposition to
claims for the matters required to be contained in a pretrial
statement. It is expressly found that no good cause has been
shown for the Defendant's failure to file a pretrial statement,
and it is further noted that he has not filed an inventory or an
income and expenee statement.
Reasonable attorney's fees are awarded to the
v..
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
94 .~ .;lu 11 CIVIL TERM
LAW - DIVORCE
SUBANNE KAY SATHER,
plaintiff
JOHN ROBERT SATHER,
Defendant
COMPLAINT
COMES NOW, the plaintiff, SUSANNE KAY SATHER, by and through
her attorney, R. MARK THOMAS, ESQUIRE, and avers as follows:
1. The plaintiff is SUSANNE KAY SATHER, an adult
individual, who currently resides at 101 Melissa Court, Enola,
Cumberland County, Pennsylvania, 17025.
2. The defendant is JOHN ROBERT SATHER, an adult
individual, who currently resides at 870 Bird Bay Way, Venice,
Florida 34292.
3. Plaintiff has resided in the Commonwealth of
PennsylVania for at least six months prior to the filing of this
complaint. The defendant currently resides in Florida.
4. The plaintiff and defendant were married on January 12,
1979, at Mechanicsburg, Cumberland County, Pennsylvania.
5. A previous Complaint was filed on June 1, 1992, with an
Amended Complaint filed November 18, 1993, but that Complaint has
been withdrawn by Praecipe.
6. The marriage is irretrievably broken.
7. The plaintiff requests the court to enter a Decree of
Divorce.
8. Plaintiff has been advised of the availability of
marriage counseling and that she may have the right to request the
court to require the parties to participate in such counseling.
Being so advised, plaintiff does not request that the court require
the parties to participate in counseling prior to a Divorce Decree
being handed down by the court.
WHEREFORE, the plaintiff prays that a Decree in Divorce be
entered divorcing plaintiff from the bonds of matrimony heretofore
existing between plaintiff and defendant.
COUNT II
9. Paragraphs 1 through 8 are incorporated herein as if set
forth at length.
10. The parties own marital property which is subject to
equitable distribution.
11. Plaintiff requests the Court to equitably divide,
distribute or assign the marital property between the parties,
without regard to marital misconduct, in such proportion as the
Court deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff respectfully requests the Court to enter
an Order of equitable distribution of marital property pursuant to
the divorce code.
Respectfully submitted,
If
{av{
. MARK THOMAS, ESQUIRE
Attorney for Plaintiff
54 E. Main Street
Mechanicsburg, PA 17055
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8 IN THE COURT OF COMMON PLEAS :
8 OF CUMBERLAND COUNTY .
~ .
~ STATE OF *1 PENNA. :
, .
8 SUSANNE K. SATIIER.i '
: Plnintiff N().,J~,~,~.........., ................,1994 :
'Vp~n" $
. JOliN ROBERT SATIIER ,
'Defendnnt .
, ,
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, DECREE IN ·
* ~
. DIVORCE :
8 '
'...' AND NOW, .. .. .. .. .. .. , .. .. .. .. .. .. .. " 1996,..,. It Is ordered and ,
, -
* decreed that""," ,~~,s,~~~~~"~.,' ?,A:l:I!~~~. '" , , ,,' , , ," , ,'" '" plaintiff, ~
.. ,
~ and ,,~~!f,N, ,~~~,E,~~, ~,A,~I,I~~, , " "" " ' ,,' " " , , " , , " " " ", " defendant, ~
. are divorced from the bonds of matrimony, ~
8 ..
, M
, The court retains jurisdiction of the following claims which hove a
. been raised of record In this action for which 0 final order has not vet a
s been entered; :
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REC[ , ~ED APR 1 3 1995
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON Pl.EAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240,6535
E. Robert Elicker, II
Oivorco MaGlo!
Tracl Jo Colver Apr il 12, 1995
Offlco ManagoriRoportOl
Maria P. Cognetti
Attorney at Law
P.O. Box 689
Harrisburg, PA 17108-0689
Well Shore
697,0371 Exl. 6535
John Robert Sather
870 Bird Bay Way
Venice, Florida 34292
RE: Susanne Kay sather vs. John Robert Sather
No. 2614 civil 1994
In Divorce
Dear Ms. cognetti and Mr. Sather:
By order of Court of President Judge Harold E. Sheely
dated April 5, 1995, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on May 16, 1994, raising
grounds for divorce of irretrievable breakdown and the economic
claim of equitable distribution.
On September 20, 1994, an amended complaint in divorce
was filed averring that the parties were separated for a period
in excess of two years. No date of separation was stated in the
complaint. On January 9, 1995, an affidavit under Section
3301(d) was filed by the Plaintiff averring that the parties
have been separated since June 17, 1992, a period in excess of
two years. Thereforc, grounds for divorcc arc apparcntly not at
issue.
In addition to the cconomic claim of equitablc
distribution, which was raiscd in the complaint, the plaintiff
filed a petition on Scptenilier 20, 1994, raising additional
economic claims of alimony, alimony pendente lite, and counsel
fees and expenses. The petition alBO raises equitable
distribution but, an noted, that count was previously raised in
the complaint.
,.
~
EXHIBIT "G"
~
~
SUSANNE KAY SATHER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 2614 CIVIL 1994
JOHN ROBER SATHER,
Dcfcndant IN DIVORCE
RE: Prc-Hearing Confcrencc Mcmorandum
DATE: Thursday, Junc 22, 1995
Prcscnt for thc Plaintiff, Susannc Kay Sather was
attorncy Maria P. cognctti and her law clerk Michelle Stokes.
The Defendant, John Robcrt Sathcr, has not had any counsel
appear on his bchalf in thc action nor has thcre been any
communication from Mr. sathcr in response to the pleadings filed
and in response to the Master's notice to file pre-trial
statements or appear at today's conference.
The parties wcre married on January 12, 1979, and
separated on June 17, 1992. A divorce complaint was filed on
May 16, 1994, raising grounds for divorce of irretrievable
breakdown of the marriage and the economic issue of equitable
distribution. Subsequent to the filing of the complaint the
Plaintiff filed additional economic claims of alimony and
counsel fees and expenses. Wife has also filed an affidavit
under section 3301(d) of the Domestic Relations Code averring
that the parties have been separated since June 17, 1992, a
period in excess of two years. Therefore, the divorce can
proceed on the basis of the parties having been separated for a
period in excess of two years.
There are no children born of the present marriage
although wife has one child to a prior marriage and husband has
three children to a prior marriage. Neither party is
contributing to the other party any support or alimony pendente
lite.
Wife is 48 years of age and resides at 101 Melissa
Court, Enola, Pennsylvania, where she lives alone. According to
her pre-trial statement the property is subject to a lien in
favor of Mellon Bank in the approximate amount of $2,700.00. We
will need to have a current payoff of that lien close to the
date of the hearing. Wife is a high school graduate and has
taken some college courses. She is currently employed with
Reager & Adler, P.C. as a closing coordinator and has a biweekly
gross income of $896.92. Wife has no other sources of income
~
~
other than some interest which she may be earning on liquid
asset accounts. Wife does not complain of any health problems.
Husband is 63 years of age and resides at 870 Bird
Bay Way, Venice, Florida. We do not know whether he is living
with anybody at the present time. lie is a retired manager from
IBM, his retirement having occurred in 1986. lIusband is a high
school graduate and also has had some college courses. He has a
monthly pension of $2,614.47 and also receives social secuirty
monthly although we do not have that amount at this time. We
have no evidence that husband is experiencing any health
problems.
Wife owns the property at 101 Melissa Court, Enola,
Pennsylvania, in her name only and according to her counsel that
property was owned by wife prior to the marriage and, therefore,
is premarital proeprty. We are, consequently, looking to the
increase in value of the property from date of marriage to date
of separation in doing the equitable distribution computation.
The property, however, at 870 Bird Bay Way, Venice,
Florida, is in joint names, and we will need to have a value
established for that property for the equitable distribution
computation.
Wife on her pre-trial statement has listed various
items of marital property which include a 1987 Cadillac Brougham
vehicle. Aside from that particular tangible asset, all of the
other assets listed in wife's pre-trial statement (except for
the real estate), are liquid assets involving interest in
savings bonds, stocks, accounts, pension plans, and lRAs. With
respect to the pensions and wife's IRAs there is a possibility
that a portion of each of those particular assets were acquired
by one of the parties prior to the marriage, and, therefore, we
need to determine what portion of those assets are marital.
For instance, with l'espect to husband's pension, we will need to
have counsel provide a coverture formula to determine what
portion of that pension was earned during the marriage of the
parties. Another issue with regard to the pension of husband
is that he has been receiving his pension since 1986, but more
importantly to our particular economic situation in resolving
this case, is that he has been continuing to receive the pension
since the parties separated in June 1992. Therefore, a portion
of those payments received since the parties separ~ted would be
attributed to wife's interest and wife will be entitled to some
reimbursement (or her interest in the monthly pension payments
which husband has been receiving totally.
Wife's counsel is going to prepare a statement of
~
to-
wife regarding the factors in the Divorce code relating to
equitable distribution, identification of assets, and values of
assets and have that statement prepared and sent to Mr. Sather
and to the Master. At the time of the hearing which will be
scheduled, wife and her counsel and any supporting witnesses
will appear and testify to the information contained in the
statement. Based on that testimony, if we do not have a
response from Mr. Sather and participation from him in the case
and his statement on the record at the hearing, we will proceed
on the basis of tho information presented by wife's testimony to
make findings of fact and recommendations in resolving the
economic claims.
Wife's counsel is also requested to prepare a
statement of a proposed resolution of this case taking into
account the various assets, values of those assets, and who may
have received the benefit from assets prior to the date of the
hearing. For instance, it is alleged that husband has taken
considerable amounts of money from marital assets and converted
those assets to his own benefit and use. Specifically one
account we are aware of that such a withdrawal has occurred is
the Kemper Fund. According to information wife's counsel has
presented, husband made two $25,000.00 withdrawals from that
fund receiving a total of $50,000.00 of marital assets.
The Master has suggested that with regard to any
shortfalls which wife may have experienced as a result of
husband's conversion of assets to his own name, that we will
have to look to the pension to make up those shortfalls and also
to the real estate in Venice, Florida, which is owned in joint
names.
Counsel fOl" wife has indicated that she will
probably withdraw her claim for alimony.
A hearing is scheduled for Thursday, October 5,
1995, at 9:00 a.m. Notices will be sent to counsel and the
parties.
(~
E. Robert Elicker, II
Divorce Master
eel Maria P. cognetti
Attorney for Plaintiff
John Robert Sather
Pro Se
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-&'i' tJ;f!uJ <'/
Maria P. Cognctti
132-134 Walnut Street
p, 0, OOK 689
Jlanisburg, PA 17108-0689
..
~
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'\'EU!l'UONE
(717) 232-2103
'J'EucoPIER
(717) 232-5775
Septcmbcr 21, 1994
IBM Pennsylvania Employee Federal Crcdit Union
6108 Carlise Pike
Mechancisburg, P A 17055
RE: SUSANNE SATHER
SOCIAL SECURITY NO. 202-36-6103
Dcar Sir or Madam:
1 reprcsent Susanne Sather. 1 havc encloscd a photocopy of an authorization which
1 reccived from her pennitting thc release of information regarding any accounts
maintained in her namc alonc, or in her name with another individual.
1 am requesting that you providc mc with the following infomlation, as of June 17,
1992 through thc present:
1. Typc of account.
2, Titlc of account.
3. Datc of opcning accollnt.
4, Opcning balancc,
5. Value of account on Junc 17, 1992.
6, Prescnt valuc of account.
.
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EXHIBIT "M"
.
.
~
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'!
EXHIBIT "U"
SUSANNE KAY SATHER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
I
I
I
I
I
I
I
NO. 94-26l4 CIVIL TERM
v.
JOHN ROBERT SATHER,
Defendant
SUPPLEMENTAL DECREE RESPECTING ECONOMIC CLAIMS
AND NOW, this :z.l Sot day of March, 1996, the Master's
recommendations are accepted and adopted as follows I
l. The following marital assets and valuee have been assigned
to Wifel
a. Real estate at lOl Melissa Court, Enola,
Pennsylvania $7l,000.00
b. 1987 Cadillac Brougham vehicle 3,975.00
c. Marital portion of Wife's IBM pension 6,l96.00
d. Franklin Utilities Fund IRA l6,914.7S
e. US IRA 23,372.00
f. Fidelity Investments IRA 9.444.26
TOTAL TO WIFE $130,902.04
2. The following marital assets and values have been assigned
to Husband I
a. Real estate at 870 Bird Bay Way, Venice,
Florida $85,000.00
b. US Savings Bonds 57,000.00
c. Nuveen Bonds l5,694.50
d. IBM Stock (100 shares) 9,287.50
e. Nations Bank Checking Account 5,062.94
f. IBM Employeee Credit Union 14,626.59
g. IBM Employees Credit Union 337.50
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h. KIP Kemper Fund
i. Banker's Trust IRA
TOTAL TO HUSBAND
66,366.96
24.000.00
$277 ,375.99
3. Furthermore, Wife shall receive a distribution of
$92,426.98, which is based on the following computations and shall
be paid from Husband's pension as further detailed hereunder I
Value of marital aesets excluding the
marital portion of Husband's pension wife
entitled to receive
$204,139.02
Value of marital assets excluding the
marital intarest in Husband's pension
assigned to Wife
Shortfall on Wife's distribution of
Marital assats excluding the marital
portion of Husband's pension
Value of marital assets excluding the
marital interest in Husband's pension
Husband is entitled to receive
l30.902.04
$ 73,236.98
$204,139.02
Value of marital assets excluding the
marital portion of Husband's pension
assigned to Husband
Excese of in kind distribution to Husband
5277.375.99
$ 73,236.98
The marital portion of Husband's IBM net monthly pension
benefit is $693.00. Of that marital portion Wife shall be entitled
to receive a net monthly payment of $400.00. Since June 1992 to
June 1996, based on Wife's entitlement to payment of $400.00 per
month from Husband's net monthly pension benefit, Wife shall be
entitled to receive for a total of 48 months at $400.00 per. month
the Bum of $l9,200.00. Therefore, the shortfall in the equitable
distribution to Wife of $73,236.98 plus the ohortfall on the
monthly pension payments due Wife which Husband has received of
$l9,200.00 add up to a total shortfall in the distribution to Wife
of $92,436.98. In addition to the $400.00 per month which Wife is
entitled to receive from Husband's net monthly pension benefit,
Wife shall receive as payment on account of the shortfall in the
equitable distribution, pension payments, and for counsel fees as
provided herein, the sum of $1,200.00 per month for a total net
monthly benefit from Husband's pension of $l,600.00. The payment
to Wife of $1,600.00 shall be net after deduction of all
appropriate income taxes.
The sum of $1,600.00 net monthly from Husband's pension
benefit shall be paid to Wife pureuant to a Qualified Domestic
.lelations Order which shall be prepared by Wife's counsel. The
payment of $400.00 per month shall continue indefinitely until
payments from Husband's pension cease as a result of Husband's
death and the sum of $1,200.00 per month shall continue until such
time as the shortfall in the equitable distribution, pension
benefits and counsel fees due Wife in the total amount of
$98,436.98 have been paid in full.l
To secure the distribution due Wife as provided herein, Wife
shall be entitled to a mortgage against the property at 870 Bird
Bay Way, Venice, Florida, in the amount of $98,436.98. Wife shall
provide to Husband a deed transferring all her right, title, and
interest in said property to Husband in accordance with the
distribution herein only upon receipt by Wife of a mortgage in the
amuunt of $98,436.98 to secure Wife the payments due herein. Said
mortgage will be recorded simultaneously with the deed to said
Payable at $1,200.00 per month, the obligation should be
discharged in 82 months.
property as a first lien on the property. Each paymen~ monthly
from Husband's pension in the amount of $1,200.00 on account of the
shortfall of the equitable distribution, pension payments, and
counsel fees will reduce the principal balance of the mortgage in
a like amount. No interest will be charged on the mortgage,
however, should the Internal Revenue Service impute any interest on
the transaction for which Wife may become liable for payment of
income tax, said tax liability will be added to the principal
amount of the mortgage to be paid by Husband.
In the event Husband refuses to sign a mortgage in exchange
for the deed to the property, the Court directs that a lien be
placed against the property at 870 Bird Bay Way, Venice, Florida,
in accordance with the provisions herein.
The parties are directed to sign any and all documents
necessary to effectuate the transfer of assets to the party
receiving the aesets as provided herein upon presentation of the
appropriate document for eignature.
The credit which Wife has received on account of the pension
payment from date of separation in June 1992 is through June 1996.
Should this case be prolonged beyond June 1996, the amount of
$400.00 per month shall continue to accrue from that date and be
added onto the amount due wife and paid back and secured as
provided herein. The additional $400.00 per month shall begin to
accrue July 1, 1996, until such time as a Qualified Domestic
Relations Order is entered in these proceedings.
4. Husband ehall pay to Wife the sum of $6,000.00 on account
of Wife's counsel fees and expenses. The sum of $6,000.00 shall be
RLED-OFFlCE
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QDRO
Page 2
6. The Alternate Payee is entitled te a portion of the Participant's benefits under the
Plan as set forth below. The Plan is hereby directed to pay Alternate Payee's share directly to
Alternate Payee.
7. The Participant is currently receiving a monthly pension under the Plan.
8. This QDRO assigns to Alternate Payee the following amounts of the Participant's
monthly pension:
(a) $400 net (after deduction of all approptiate income taxes) per month for the
remainder of the Participant's lifetime, plus
(b) $1,200 net (after deduction of all appropriate income taxes) per month for the
remainder of the Participant's lifetime or until a total amount of $99,236.98 has been paid.
9. Payments to Alternate Payee shall commence on September I, 1996.
10. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the
Participant's pension shall be immediately and full restored to the Participant.
11. Participant agrees to arrange or to execute all forms necessary for the Plan to
commence payments to the Alternate Payee in accordance with the terms of the QDRO.
12. In no event shall the Alternate Payee have greater benefits or rights other than
those which are available to the Participant. The Alternate Payee is not entitled to any benefit
not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits
offered by the Plan as provided in this Order. All other rights, privileges and options offered by
the Plan not granted to Alternate Payee are preserved for the Participant.
13. The Plan shall issue individual tax forms to the Participant and Alternate Payee for
amounts paid to each such person.
14. In the event that the Plan inadvertently pays to the Participant any benefits that
are assigned to the Alternate Payee pursuant to the terms of this QDRO, the Participant shall
immediately reimburse the Alternate Payee to the extent that he has received such benefit
payments and shall forthwith pay such amounts so received directly to the Alternate Payee
,
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II is the responsibility of the Alternate Payee to keep a current mailing address on
file with the Plan at all times.
6. The Alternate Payee is entitled to a portion of the Participant's benefits under the
Plan as set forth below, The Plun is hercby dirccted to puy Alternute Payee's shure directly to
Alternate Payee,
7. The Purticipant is currently receiving a monthly pension under the Plun.
H. This QDRO assigns to Alternate Payee the following 1II110unts ofthe Participant's
monthly pension:
(a) $450,00 (Four hundred and fitly Dollars) gross per month lor the
remainder of the Participantjs lifetime, plus
(b) $1,350,00 (Thirteen hundred and filly Dollars) gross per month for the
remainder of the Participant's lifetime or until a total amount of
$111,642.00 (One hundred eleven thousand and six hundred lorty-two
Dollars) has been paid.
9. Payments to Alternate Puyee shall be eflcctive as of September I, 1996.
10. If the Alternate Payee dies before the Participant, the Alternate Payee's share of
the Participant's pension shall be immediately and fully restored to the Participant.
II. Participant agrees to arrunge or to execute all forms necessary lor the Plan to
commence payments to the Alternate Payee in accordance with the terms of the QDRO,
12. In no event shall the Alternate Payee have grelller benefits or rights other than
those which arc available to the Participunt. The Alternate Payee is not entitled to uny bcnefit
not otherwise provided by the Plan, The Alternate Payee is only entitled to the specific benefits
oflcrcd by the Planus provided in this Order, All other rights, privileges and options oflcred by
thc Plan not grantcd to Alternate Payee are preserved lor the Participant.
13. The Plan shall issue individual tax lorms to the Participant and Alternatc Payee
for amounts paid to each such person,
14. In the evcnt that the Plan inudvertently pays to the Participantuny bcnefits that arc
assigned to the Alternate Puyee pursuuntto the terms of this QDRO, the Participant shall
immediately reimburse the Alternate Payee to the extent that he has received such benefit
puymcnts und shalllllrthwith puy such umounts so received directly to the Alternate Payee within
ten days of receipt, In the event the Plan inudvertently pays to the Alternate Payee any benefits
thature not assigned to her pursuant to thc terms of this QDRO, the Allernutc I'uyee shall
immediutely reimburse the Participant to the extent that she hus received such benefit payments
and shalllorthwith puy such umounts so received directly to the Purticipunt within ten days of
receipt.
,
,