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Home My WebLink About94-04588 'II ,~ " Jo I, , b- 'I ~ ,d ,j ii' 1 i 1- -;P ! 1; , , j F , J , j 1 , " ') , , " '.~ J1. , '~ r ,:' i't.::'!' q'/ t,lI~ lJ ,; " III; 'Ii " I ~I/,' ,.,. " I I " , " i I , I (', ,,( , . ',\ (\ " ," ~ ('~ , \ ~ , u ~I ~~,'~ , J 1 ,'\ , ,'j ," I . f , I I' SAIDIS, GUIDO, SHUFF & MASLAND 26 W, /lIah Slrttl ("II,lt.I'A ROBERT L. THRUSH, PLAINTlFF IN THE COURT OF COMf~ON PLEAS CUMBERLANP COUNTY, PENNSYLVANIA v, NO, 94-4588 CIVIL TERM IN DIVORCE BONNIE M, THRUSH, DEFENDANT I?ETITION FOR SI?ECIAL RELIEF AND NOW, comes the Petitioner, Bonnie M. Thrush, by her attornay / Edward E, GUido, Esquire, and files the following Petition for Special Relief under the applicable provisions of the Divorce Reform code of 1980, as amended, (1) Petitioner is Bonnie M, Thrush, an adult individual currently residing at 1462 Holly I?ike, Carlisle, cumberland County, I?ennsylvania. (2) Respondent is R~bert L. Thrush, an adult individual currently residing at 46 Eastwick Lane, Carlisle, Cumberland County, I?ennsylvania. (3) On April B, 1997 the parties entered into a Stipulation and Agreement before the Master to resolve all of the economic issues in connection with the above-captioned matter. A copy of said Stipulation and Agreement is attached hereto as Exhibit "A", (4) The parties were divorced by decree of Court entered on April 29, 1997, (5) Pursuant to paragraph 3 of the aforesaid Stipulatl.on and Agreement I Petitioner was awarded 3511s of all pension benefits received by Respondent from the federal government after April 1, 1 SAIDIS, GUIDO, SnUFF lit MASLAND 26 W, fllKh S"".I C"IIII..PA 1997, Unt il the implementllt ion of a OUtlli f ied Domest io Relations Orderr Respondent was to pay directly to Petitioner 35' of the gross amount of any checks he received after April 1, 1997. (6) Despite repeated demands, Respondent has refused to proVide Petitioner with copies of the pension checl<s he has received or to pay her the sums due pursuant to paragraph 3 of Exhibit "A", (7) Wife has incurred substant ial lilt torney fees in attempting to get Husband to comply with his obligations under the aforesaid Stipulat ion and Agreement, (8) Pursuant to paragraph 12 of said Stipulation and Agreement, Respondent is responsible to pay I?etitioner the attorney fees incurred by her in enforcing said Agreement, WHEREFORE, Petitioner prays this Honorable Court to grant the following reliefl (a) Direct Respondent to provide I?etitioner with copies of all retirement checks received from the federal government after April 1, 1997 and to forthwith pay her 35% of the gross amount of all checks less credit of $3,750, (b) Direct Respondent to pay legal fees and costs incurred by Petitioner as a result of Respondent's failure to abide by the terms of the Stipulation and Agreement, 2 (0) Order suoh other appropriate relief as the Court, after hearing, may deem appropriate. Pate I I () J & I ~ 7 Respectfully submitted, SMOIS, GUI.~ 0 ,~.~'S UFF iii MASI..AND ...~~': .........~/ BYI Edward E, Guido, Esquire Supreme Ct, 1.0. U 21206 26 West High Street Carlisle, Ph 17013 (717) 243-6222 Attorney for Petitioner SAlOIS, GUIDO, sJlun' & MASLAND 26 W, H1Jh S,..,\ C"II.I" PA 3 CIRTUICATI or SlaVICI On th~s ~-l't.. day of october, 1997, I, Edward E, Guido, Esquire, hereby certify that I served a true and correot copy of the foregoing Petition for special Relief upon all parties of record via Un,ited States Mail, postage prepaid, addressed as folloWS I Robert L, Thrush 46 Eaatwick Lane Carlisle, p~ 17013 S~IDIS, GUIDO, SHUFF & MASLANO ~ BYI Edward E. Guido, Esquire SAIDIS, GUIDO, SHUFF" MASLAND 26 W, IIllh SII..' Carll.le, VA , , -, ;',: ,'I' i': I I.. .~ II. , , I' , ,,' "..., , , ""'':( .' . - l, , " In I ...::.. I, ..." I ~ f I , l' 'qj I, " , . . I, , , I" \ \JI ~J f(S) ~ F ~ J~H l!d~ ~~H olJ ~!~ ~ n j . iHU ,~ :e.~ ~ N ~ ill n~ e ~~CC~ -< )'l ~ 'u tIl ,. IIlI 1\ I I.: f IIillll 'ill, Pi'i 1I11 Iff IN 1/11 IIHIIlI III IIIMMIIN 1'11/1'; III UIMBFlll/\N/l (OIlNI'" i'INNWIV/lN[/\ ([VII. MIION '1/111 V BONNIE M, T1fIUJSII. Ill) f Illll.JOIl t NO, 'JIj-I11i81l CIVIl TFllM QHDEH ,OF (QUIlT ANIl NOW, lI11b 711tll doy o( III lolwr, 1997, tll16 lIIC1ltor IlllVIiH/ IJIJOIl Cllllr!lj Oil 0 pl'lllIolI 1'1)1 ',PPlllI1 rlllll!f, llllll followIng 0 IWfirlll!J Oil lilt! 11I1'1' lit; , IT IS OHnrnFO l.Iil1t rH 5 P III 1 lJtIll I , HnlJllrt I rlll'll!,II, slilll1 PIOV!IIf> pl!f,lllollllr, BOllnlE! M, TlIIII!,II, 1/1111 UIIIIII', III oJI Intullwd 1,llllr~') 1'1,IUllvud (1'011I tile FlIdol'ol GOYl'IIIIIIHIII 0(11)1 /\pl'll I, 1997, 1I1/d PllY 111'1 Fi P\HUlllt O( till' \)1'1I!,5 111I1011111 01 1111 '.tlch r1HJl:~!" It'!l'l 1,llIdll o( $';,7';0,00, pllI!, U1UWil'l 1'l!l1'i or $(,7';,00, rlol luluI' 1I11'lll FrlclllY, NllYlllIllll)r 111,19'1/, If 1I'!>lIIIII"(>111 110:; 1/111 1:1 1111 P 1 Ill" i'/llll 11115 II/din IIY Ihllt dutl!, lJ Hull! Ib f!IlII!lI'd UUOlllbl hllll III 51111l~ CUU50 WilY Ill! !,Ill)lll" 11111 Iw Ii"Jlidlrllll'd III cIHlIr!IIIPt, Hull'rrtlurllollll' ut 8:11'; lJ.lII, MIIlldny, NOVl'lIIlwr 211, 1'197, iiI ~llltcll tl.IIIIJ clefLJndrJllt I~; ordllrl'd In LJPIJI!I\I III (ourll'OOIll No, ?, (11I1I1)(Ir10Ild County (01lrtll01lbl:', (lIIUsll), PlJnll~ylv(jIlt:LJ, IJllll:'~>~ 11" 1111'; r:OIllPl1.l)(1 1'11111 t h I 5 t1 j"[J t) r , ( Olin S fl I ( [) I' P fl I II j [) n II I 'ill (j 1 ] 110 llf Y 1.11 h C () U I' l. 1)f.!(Ol"l:l NovfJIIII)!!r 24. ,QQ7, 0'; to ~lln!l.IlfJl I fJ!lP[)lldl'111 IlllS cOIIIPlllld, fly till' Edward E, Guido, Esquire For l111nnlll M, TllIlI!,ll ,1'1 - c~""' ~.(,ol:),'1Iqll" ),,"1) , nohel"I, L, rhrll~11 lllj FII~ tHJd 1111111 Cilrll'ill'. P/\ 1701, :;111'1 j ( r 1)( 'I II.l2-97 DeBr Mr Guido, In fcsponse 10 the court Of del'. 111BW provided my rellfcment stolcmcnt durln~ Domestic Relntlon hcorln~ ond for thc Mosler hellfin~ held on April II. 19911, Durln~ MOSler's llOld you lhlltl how only recclved lll1e shltement Ihlln lhe Olllce of Personnel MlInll!!emenl (OPM), Hoyer. IIA. lInd I hllw nol received lIny more since Ihen IIHIW 1I1relldy given youlwo copies ond I connolllnd illY ori!!lnlll shllelllenllll' 0 copy If you con tind yours plellse send Ille 1I copy 1 hllve direcl deposlllnlO illY IIccounl which lhe nel per Illonlh is $1,110400 1 don'l know whllllhe lotnl !!ross Is During lhe MlIster hellrln!l we lI!!reed lhlll you were goin~ 10 hllve OPM \like lhe 35% from illY relirclllenlllnd deposil direclly IOllonnie Thrush Youll~reed to provide 1111 corrcspondence lInd lelephone converslllions Wllh OI'M perlllinln~ 10 illY retlrclllenl It hlls becll seven 1ll000lhs lInd I hlIVe nol received IlIlylhin~ from you Durln~ our telephone convcrsllllon In June of 1997. you lold me thlll you would scnd Ille Ihe inli.mlllltlon by Illllllllnd I slillllllwn'l receivcd il On AprillJ. 1997 I provided illY retiremenl c1nlmnlllllber with OPM plus II poinl of conlnclIII lhe NlIvllllnvcntory Control Poinl (NA VIeP), Mecllllllicsbur~. IIA tOllssisl you In resolvin~ Ihis issue If you lire hlIVin!! problellls wilh OPM. 10SllllY dllllllnulllbcr or losllhc poinl ofCOlIIllCllll NAVICP. plclIse lellllc know Al!lIin. plcllse provldc mc with uny cllI'respondencc IInd lelephone converslllions 111II1 you hllve had wilh OPM pcrllllnin~ 10 illY rctirclllcnt A chcck hilS bccn encloscd 10 your c1icnl VCI)' Rcspeclively, .~-~ ~/~- Robert L, Thrush i' ~ PETITIONER'S I EXHIBIT In 1\\;)' c \'(L , ' , . ," VB, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'l"i, PENNSYLVANIA NO. 94 ~ 450U CIVIL ROBERT L. TIIRUSH, Plainti tf BONNn: M, 'l'HRUSH, OEFENDANT IN DIVORCE 'I'HE MAS'I'E1H 'I'oday i6 'l'uc6day, Apr il Il, 1997. 'l'h i~ is the date set for a Master's hearing in the above oaptioned divoroe proocedings, Present in the hearing room arc the plaintiff, Robort L, Thrush, who is unrepresented by counsel, His previous counsel has withdrawn from the case and Mr. Thrush is hare today on his own behalf. Also present is nannic M, Thrush, the Defendant, and her counsel Edward E. Guido. A divorce complaint was tiled on August 15, 1994, raising grounds for divorce of irrotriovable bronkdown of the marriage and indignities. After discussion the parties have agreed that they will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce deoree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. An affidavit under Section 3301(d) was filed by Mr. Guido averring that the parties have been separated in excess of two years, which is not in dispute; however, the parties have agreed to proceed under the mutual consent provisions of the Divorce Code. On March 20, 1995, an amended complaint was filed raising the economic claim of equitable distribution. ~ PETITIONER'S I EXHIBIT I /t-I ," Illlb..qUIII!tly, Ol! ;JIIIIII'lry 29, 1991\, the Oefendant filed a petitlon rnlnlnq tho ~uonomlo iaauoa of alimony and oounsel fee a and .lIp.,"UtO. 'I'hll llllrt.\ou wuro married on November 5, 1972, and ll.pllr/ltOlI un .'11 I Y 1;1, 1')1).\, 'rhoy flro tho nntura 1 paronta of two ohlldron, hoth llf whulII in'u lllllancipilted, 'I'ho Mlwter h[IS been advlsed that after negot:lationa thlll morning thu pflrtioa have como to an agroemont with respect to the uuonomiu iuellau that have beon raised in the action. The agr.emont that the parties have reached is going to be placed on tho rouord in tho prouenco of tho parties by Mr, Guido, The ngreemunt /lU pl~cod on tho record will be considered the uulJst.lI!tlve ;\'Jrllolllflnt of tho partios and not subject to any chflnqou or modifications after it is stated on the record except for oorrection of typographical errors which may be made during the transcription, The parties are going to return later today, after the agreement has been transcribed, to review the agreement for typographical errors, After any corrections of any typographical errors have been made, the parties are going to affix their signatures by way of affirmation of the terms of the settlement that have been stated on the record at this time, After the agreement has been completed and tha affidavits and waivers have been signed, the Master will prepare ~n order vacating his appointment and counsel can present a pralloipe transmitting the record to the Court requesting a final dao~ee in divo~oe, Inoluded with that ~equest for the ent~y of a divo~oe deo~ee, oounsel can also attach any supplementa~y o~de~s whioh the Court may need to sign which may inolude a Qualified Domestic relations O~dor. Mr, Guido, 1, Eaoh party shall bo entitled to nll personal property ourrently in his or her possession excopt for the followingt The cutco knives in wife's possession shall be delivered to husband. The piano and pinno music in husband's possession shall be delivered to wife, The transfer of possession of these items shall be accomplished at the mutual convenience of the parties within 15 days of today's dote. All items shall be in the same or similar condition of repair as of the time of the separation. 2, The spouso 1 support order elltered at rm No. 22000 sha 11 terminate effective Apr 11 I, 1997, Any arrearages existing as of that date shall be paid in accordance with the terms of this agreement as hereinafter set forth. 3, Wife shall be entitled to 35% of husband's pension as a result of his employment with the United states federal government, wife's entitlement to be effective April 1, 1997, The parties shall agree to the entry of a Qualified Domestic Relations Order in substantially the form as attached hereto as Exhibit A. Until such time as the Qualified Domestic Relations Order is in effect and wife begins receiving her share directly from the federal government, husband shall pay wife 35% of the g~oss amount of any checks he receives for pension benefits due after April 1, 1997. Each party shall be responsible for the payment of all taxes due on his or her share of said pension, Husband certifies that he has elected survivor benefits naming wife as beneficiary thereunder. Said survivor benefits shall remain in effect, provided, however, that in the event of husband's death, wife shall pay equally to tho partiea' uurviving children a uum equal to the after tax difference between the amount uhe wau reoeiving or would receive prior to huuband'u death and the amount .he receiveR or would receive after husband's death, 4. Wife ohnll transfer her ontire right, title, and interest in and to the Chevy truck and canoe in husband's poasesuion, Husband shall transfer his entire right, title, and interest in and to the 1987 Jettn Volkswagon in tho POBsuBsion of their daughter Jill to Jill, Said transfers ahnll be accomplished within 15 days of the date of this agreement, ~. HUsband waives any right, title, interest, or claim he has in or to wife's pension at PSERS, 6, Husband shnll be responsible for the fOllowing debtUf a) The credit cards to Sears, Montgomery Wards, and VISA, b) Any marital debts to OAFCU (now Members First Federal Credit Union) . c) The debt owed to the Army War College as a result of their daughter Janelle's wedding reception. With regard to said debts husband shall hold wife harmless and indemnify her from any and nil claims or demands made against her by reason thereof, 7, There is approximately $75,000.00 being held in escrow at Finance Trust Corporation which represents the proceeds from the sale of the parties' marital residence, Said uum shall be dividod as follows: a) The first $1,6BO,93 shall be distributed to wife. b) The remainder shall be divided equally between the parties, provided, however, that the following Bums shall be deducted from husband's share: i) An amount SUfficient to cOVer any existing arrearages in connection with the Domestic RelationB Order referred to above. ii) $3,000.00 of husband's share shall remain "H in the escrow acoount to guarantee payment ot wire/s share at his pension until such time as the payments are started by the tederal government, At the time wife receives her tirst check from the federal government, husband shall reoeive any balance left in the oscrow account leas any amounts that have not been paid to wifo pursuant to Paragraph 3 above, If husband has not paid wife her gross share of his pension by the 10th ot each month, Edward E. Guido, escrow agent is entitled to pay wife the sum of $750.00 from said escrow sums to be credited toward any amount due wife by husband. B, 'l'he parties agree that the capital gains realizod from the sale of the marital rpsidence in 1996 shall be divided equally between them, with each party claiming his or her share on hin or her rospective tax roturns, 9, Except as otherwise provided herein husband shall not pay to wife or wife to husband any sum whntsoevror as alimony, alimony pendente lite, or for his or hor support or maintenance. 10, Wife withdraws her claims for alimony and counsel fees and expenses. 11, Each of the parties shall from time to time at the request of the other execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably needed to give full force and effect to the provisions of this agreement. 12, In the event that either party breaches any provisions of this agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney fees, court costs, and expenses incurred by the other party in enforcing the agreement. 13, In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this agreement may be incorporated by reference in substance but shall not be merged into such judgment or decree and this agreement shall ~u~vivQ any such finBI judgment or deoree of absolute divoroe and shall be entirely independent thereof, 14. EKcept as herein otherwise provided, eaoh party may dispose of his or her property in any way and eaoh party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the presont or tuturo lawn ot any jurisdiction to share in the proporty or the estate of the other as a result ot the marital relationship including without limitation, statutory allowance, widow's allowance, right ot intestacy, right to take against the will of the other, and right to act as administrator or exeoutor in tho other's estate. Each will at the request ot the other execute/ acknowledge, and deliver any and all instruments whioh may be necessary or advisable to carry into eftect this mutual waiver and relinquishment of all such interests, rights, and olaims, 15, The parties agree that before distribution of the escrow account set torth above, the escrow agont shall write a check in the amount of $26.0U to cover tho transcription of this agreement, TilE MASTER~ Mr. Thrush, you've been present during the statement of the agreement on the record? MR, THRUSH~ Yes. THE MASTER~ Do you understand the agreement as stated on the record? MR. THRUSll~ Yes, I do, THE MASTER~ And do you understand that the agreement as stated is the final agreement of all economic claims that have been raised in this action? MR. THRUSll: Yes, I do, THE MASTER: And do you have any questions about the agreement as stated? .," IWIlI!:Il'l' J.,. 'l'HllUSJI I pl.AIN'l'lroF IN 'l'IW: COUlt'l' O~' COMMON PLI!:Ml CUMllEltLANP COUNTY, PI!:NNSVLVANIA v. NO. 94-4566 CIVIL TERM llONN Ill: M, THRUSH pLaintiff IN PIVOHCi': QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this .__ day of _. , 1997, in order to satisfy the requirements of law pertaining to the equitable distribution of certain pension rights or benefits, IT IS HElll!:BY ORDERED AND DECREED a6 followSI 1. 'I'h iil Ordor sholl apply to llny pension planr retirement plan, or pension benefits acquired by the Plaintiff, Robert L, 'I'hrueh, liS a result of his employment with the United States Federnl Governmont. 2, 'I'he name of the plan participant I.n said pension is Robert L, Thrush, and his address, as of the dote of this Order, I.s 46 Eastwl.ck Lane, Carlisle, PA 17013. Hia social security number is 206-36-6499, ], The alternate payee under this Order is Bonnie M, Thrush, whosn llddreBs I llS of the doto of tilts Ordor I is 1462 Holly pike, Carlinle, PA 17013. Her Boclol socurity number is 20'/-44-5763, 4, The parties were married on November 5, 1972, Robert L, Thruah worked for the United States Federal Government from March 3, 1972 until his retirement on .January 3, 1997, 5. Effective immediately, Robert L, Thrush, plan partl.cipant, shall pay to Aonnie M. Thrush, alternate payee , ' ',' heruunder, or cause to be paid directly to hur by the entity making payment to him of Buch beliufltu, hllr madtal nhure of any distribution from th~ said pension or rotlromont benefito, calculated In accordance with thu folluwing formulol Alternllte payee'B portion of penuion " Gross monthly ret.lremont pay x 35% 6. I'illn partlcipllllt, Robort L, 'l'hrush, shall maintain a survival annuity in favor of altgrnote payee, BOllnlo M, Thrush, 7, Should the pension benefits of the plan participant, Robert L, Thrush, be lost, forfeited, or denied him for any reason, he shall litigate to a reasonable extent his claim for such pension or retirement benefits so as to preserve them for himself or for the alternate payee, Bonnie M, Thrush, 'rhe costs oE said litigation shall be borne by the Plaintiff ilnd Pefendant in proportion to their then respective interests in sdid monthly benefits. 6, Each party shall be reBpons.lble for the payment of all taxes due on his or her share of naid pension, 9, All payments to Bonnie M. 'rhrush 6hall be made directly to her unless the ent.lty making payment to her oE such benefits shall require the payments to be modu to her through the Domestic Relationn Office in whlch ovent nil payment nhall be made to her through the Cumberland County Domontic Relations Office pursuant to this Order, 10, Both Robert L, Thrush and Bonnie M. Thrush shall, at all times in the future, fully cooperate with each other, their 2 oounsel, thia court IInd the porllon ot. entity IIdminiotering the llllid pllnllion plant to oocurOr offec~~ato ond perform the provilliono of this Order relllting to,~he retirement paymento or bonofito, This Court alla11 rlltain .ludndiction of thin matter for /lny /lnd all purposea relating to the Bald penllion or retirement p11l1l or benefit lit 1111 times in tho future, .. &Y THE cOUR'l', 'T, 3 1.1IW IIIi'll"' SA lUIS, GUmO, SIIlJlt'I" & MASLANl> " ~IIlUI!UIUH"I. l'lIltt'utt '" IIIN Writ r;hQn Om!:!, W~I MNhl Nur.r CNlIl,IIII1,I'A 17011 r.I"~IQIIC: 11I1) 1l1.14111 1'11<1111I11.' fill) 111-J~11I IQhnl! 511~. lIobcll e, 611dll l!dwlld l!, ouldu ().ufllr~ 1\, 6hurr AII,,,IIt,"hll.nd luhllllr I, I>oll~ Illchr,d I', Mhllllk~ SClIIIIl,M""" ll"hl',I',ood ~I, Wo'IIIIHh lil/..I . PUll Olll,oltu. 51111 C.rll.lt,I'o","yIYlJlI. 1701l Telephllll" (117) ~4Hm2 . I'.Cl I III II.: ('117) 24:l.MKI, JI..!I~]\) eorll'.!!. Hay 29, 1997 Bonnie Thrullh 1462 Holly Pike Carlilllo, PA 17013 Oear Bonniet I!:ncloBlld plealle rind our escrow chock in the lIlIIount of $'150,00 reprellenting the May pension payment due to you. Very truly BAIPlS, yours I ---., D~IIU~'~' & HASLAND -, Guido Edward ~. reEG/sp F.nclosurc cc t Robert ThrLl,sh t:t/ , , ,," , . ROBERT L, THRUSH, PlalntUr IN THE COURT OF COMMON PLEAS OF CUMBFRLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V, BONNIE M, THRUSH, Defendant NO, 94-4588 CIVIL TERM ORD.ELOLCOURT AND NOW, this 24th day of October, 1997, this motter hoving been called on 0 petition for special relie', ond following 0 hearing an the merits, IT IS ORDERED that respondent, Robert L. Thrush, sholl provide petitioner, Bonnie M, Thrush, with copies of all returned checks received from the Federal Government after April 1. 1997, and pay her 35 percent of the gross amount of all such checks, less credit of $3,750,00, plus counsel fees of $675,00, not later thon Friday, November 14, 1997, If respondent has not complied with this order by that dote, 0 Rule is entered against him to show couse whY he should not be adjudicated in contempt, Rule returnable at 8:45 0,01" Monday, November 24, 1997, at which time defendant .Is ordered to appear in Caurtroom No.2, Cumberland County Courthouse, Carlisle, Pennsylvania, unless he has complied with this order, Counsel for pett ttaner shall noti fy this Court before November 24, 1997, as to whether respondent has complied, . By tile ,Curt, , -- - Edgar Edword E, Guido, Esquire For Bonnie M, Thrush Robert L, Thrush 46 Eostwick Lane Carlisle, PA 17013 Sheriff :prs . ~_..____._n____ B, yley-,-J'I TRUE COpy FROM RECORD In Test;n1~n\' " h'.I'I, of, I hero unto set my hand and the seal of sold Court at Carlisle, Po. This ' ,~.1,tJ... day of....4)d,~,.., 19".CZ,~ . 1t. ., n 1f3' .......''''''~,\~/\';~ih~'..._M -~----_._'.~,~"~,~"._,*,'~,*,':~'~'*"*"~,~~,,*, ~I .,"""",., ",., " " ' ~i 8: ~i ~: ~ ~ ~, ~ ~ ~ ~ $ ~ ~ ~I ~ ~ $ $1 . i ~ ~ $ 8 $ [i! 8 8 8 8 ~ ~../ ~~ 8 II y '1' h. ell,' I I ~ L1J:~ ~ ^".'II'I~;I.'}I' ".L ('. kl /,~M:i, /';:t1mt'J~'1. .;. ~ '^"-# 'I<~ ,I.' -1~\?& ~:K " /. Pt'lIlhollnlnl'Y ~ '~ " -'q, .." - "" , , ' ~ ,., '>>C' ... ->>:. ... 'M' -:<<, .>>:. .:.:. .>>:. ':.e. .:.;. .:.;. .:+;. .:+;. .:.;. .:.;. .:+:. .:+:- .:.:. .:.:. .:.:. ,:t;' {.:o .:+;. .:+;. .:+;. .~.> .:+;. .:.j.'. ':.:' ,~ '*' '9' , * . PLEAS : ~ ~ ~ * . . * * * . . . " ~ * . I~ , '$ I~ \ , 1$ 1~ l[i! 1~ I~ I, I' .~ , ~ , IN THE COURT OF COMMON OF CUMBERLAND COUNTY 5TATE OF I~~' PENNA, llobert L, 'l'hruBM, Plaintiff 1'\ II, 94-451lB ClvU. \'1'1....11.... llonnie M, 'l'hrueM, Pefendnnt DECREE IN DIVORCE AND NOW, .~v,l. , ~" , , . , , , '9 ~7. . , " It Is ordered and decreed that ' Hooort I" ThruBh, , , , . , , , , , , , , , , , , " plaintiff, and, , , . , . I'onnio M~ .'l'h~lIBh . , , , , , , , , ' , , , . , , , . , , " defendant. are divorced from the bond5 of matrimony, The court retain5 lurl5dlctlon of the following claims which hove been ral5ed of record in this action for which a flnol order has not yet been entered; Vo ~ .'rh~ ,^9~~n1<JrJt .'if, tl~\), part l'?\l p~ac~ lJP9/l, ~!l~, r~c9r(l, 9[1. (\prl~, Il" ,1~~.7, ,1,6, , ~I)<;QI!W i! 1)<ill!<,1in,!;Jy, r\!f<,1r\'nt;'\!., ' , , . , , , , , ' , , , , , , , , , , , , , , , , , , , , , , , , , , '~ (, I (~ , ' , r~ ," , ~ ~ .~ .. ... \ r , ROBERT L. THRUSH, PLAINTIl"f IN THE COURT 01" COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. BONNIIll M. THRUSH Plaintiff NO. 94-4588 CIVIL TERM IN DIVORCE QUALIfIED DOMESTIC RELATIONS ORDER AND NOW, this 2.~ day of .-~~LL___~._, 1997, of law pertaining to the in order to equitable satisfy the requirements distribution of certain pension rights or benefits, I'r IS HEREBY ORDERED AND DECREED as followSI 1. ThiB Order shall apply to any pension plan, retirement plan, OJ: pension benefits acquired by the Pla.intiff, Robert L. Thrush, as a result of his employment with the United States Federal Government. 2. The name of the plan participant in said pension is Robert L. Thrush, and his address, as of the date of this Order, is 46 Eastwick Lane, Carlisle, PA 17013. His social security number is 206-38-8499. 3. The alternate payee under this Order is Bonnie M. Thrush, whose address, as of the date of this Order, is 1462 Holly Pike, Carlisle, PA 17013. Har Bocial security number is 207-44-5763. 4. The parties were married on November 5, 1972. Robert L. Thrush worked for the United States Federal Government from March 3, 1972 until his retirement on January 3, 1997. 5. Effective immediately, Robert L. ThrUSh, plan participant, shall pay to Bonnie M. Thrush, alternate payee .. ....... hereunder, or cause to be paid directly to her by the entity making paymunt to him of such benefits, her marital share of any di$tribution from the said pension or retirement benefits, calculated in accordance with the fallowing formulal Alternate payee's portion of pension m Groaa monthly retirement pay x 35\ 6. Plan participant, Robert L. 'l'hrush, sha 11 maintain a survival annuity in favor of alternate payee, Bonnie M. Thrush. 7. Should the pension benefits of the plan participant, Robert L. Thrush, be lost, forfeited, or denied him for any reason, he shall litigate to a reasonable extent his claim for such pension or retirement benefits 60 as to preserve them for himaelf or for the alternate payee, Bonnie M. Thrush. The costs of said litigation shall be borne by the Plaintiff and Defendant in proportion to their then respective interests in said monthly benefits. 8. Each party shall be responsible for the payment of all taxes due on his or her share of said pension. 9. All payments to Bonnie M. Thrush ahall be made directly to her unless the entity making payment to her of such benefits shall require the payments to be made to her through the Domestic Relations Office in which event all payment shall be made to her through the Cumberland County Domestic Relations Office pursuant to thill Order. 10. Both Robert L. Thrush and Bonnie M. Thrush shall, at all times in the future, fu lly cooperate with each other, their 2 I SAIDIS, CIUIDO, SHU....& MASLANJ) 26 w. tllsh 51..<1 C.,II.I"t'^ r ROBERT L, 'rHRUSH, PLAIN'rII"F IN THE COUR'l' OF COMMON PLEAS CUMBERLAND CQUN'l'Y, PENNSYLVANIA v. NO. 94-4588 CIVIL TERM IN OIVORCIE BONNIre M. THRUSK, DEFENDANT P8AEC I P..u; ~'O 'l'Mtlill'l I '1' RE~~.D To the prothonotary I 'l'ransm.1t. the record, together with the following information, to the Court for entry of a divorce decreel 1. Ground for divorcel Irretrievable breakdown under Section 330l(c) of the Divorce Code. 2. Date and manner of aervice of the complaintl mail, return receipt requested, postage prepaid on 1994. Certified August 16, 3. (Complete either paragr.aph (a) or (b) I (AI Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code! By the P lal.ntif f I Apr 11 11, 1997; By Defendant! April 11, 1997. (Il) (1 I Date of Execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code! N/A. (2) Date of Service of the Plaintiff's Affidavit upon the Defendantl N/A. 4. Re lated claims pend.ing I None, other than entry of the QPRO in the form attached as agreed to by the parties on the record before the Master on April 8, 1997. A copy of that ",..m'" " a""h.d. ,.~ Patel t//t~!77 ~ :r4 Edward E. Guido, Esquire Attorney for Defendant ~~ 01 r;; r;; r- Oo .;., ., _. "\"; /j' ',II . . .i;~ ~' )1 ' , ,. ,., "',. E.]: ' 'J " I I,,; r; I , j'lid I. ,. ".'IJ. ( ... ;) IJI I" . , <"I' . r . VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 4588 CIVIL ROBIR~ L. THRUSH, Plaintiff BONNIE M. THRUSH, DEI"ENDANT IN DIVORCE TilE MAS'I'ERI Today is 'l'uesday, April 8, 1997. This is the date set for a Master's hearing in the abOVe captioned ~ivorce proceedings. Present in the hearing room are the Plaintiff, Robert I,. Thrush, who is unrepresented by counsel. His previous counsel has withdrawn fro~ the case and Mr. Thrush is here today on his own behalf. Also present is Bonnie M. Thrush, the Defendant, and her counsel Edward E. Guido. A divorce complaint was filed on August 15, 1994, raising grounds for divorce of irretrievable breakdown of the marriage and indignitiea. After discussion the parties have agreed that they will sign and file affidavits of consent and waivers of notice of intention to roquest entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. An affidavit under Section ]]01(d) was riled by Mr. Guido averring that the parties have been separated in oxcess of two years, which is not in dispute! however, the parties have agreed to proceed under the mutual consent provisions of the Divorce Code. On March 20, 1995, an amended complaint was fLled raising the economic claim of equitable distribution. subsequently, on January 29, 1996, the Oetendant tlled a petition ralsing the eoonomio issues of alimony and oounsel taes and IIl(panses. The parties were married on November 6, 1972, and separated on July 12, 1994. 'l'hoy arc the natural parents of two ohildren, both of whom are emancipated. The Master haa been advised that after negotiations this mornlng the parties have come to an agreement with respeot to the economio issues that have been ra ised in the aotion. '1'he agreement that the parties h~ve reached is going to be placed on the reoord in the presence of the parties by Mr. Guido. The agreement as placed on the record will be considered the substantive agreement of the parties and not subject to any changes or modifications after it is stated on tho record except tor oorrection of typographical errors which may be made during the transcription. The parties are going to return later today, after the agreement has been transcribed, to review the agreement for typographical errors. After any correctionn of any typographical errors hnve been made, the parties are going to affix their signatures by way of affirmation of the terms of the settlement that have boen stated on the record at this time. After the agreement has been completed and the affidavits and waivers have been signed, the Master will prepare an order vacating his appointment and counsel can present a praeoipe transmitting the record to the Court requesting a final d.c~.. in divoroe. Inoluded with that request for the entry of a divorce deoree, oounsel oan also attach any supplumentary orders whioh the Court may need to sign which lRay include a Qualified Domestic relations Order. Mr. Guido. 1. ~ach party shall be entitled to all personal property currently in his or her posseBslon exoept for the followingl The cutoo knivos in wife's possession ~hall be delivered to husband. The piano and piano music in husband's possession shall be delivered to wife. The transfer of possession of theBe items shall be accomplished at the mutual convenience of the parties within 15 dayo of today'o date. All items shall be in the same or similar oondition of repair as of the time of the separation. 2. The spousal support order entered at DR No. 22880 shall terminate effective April 1, 1997. Any arrearages existing as of that date shall be paid in acoordance with the terms of this agreement as hereinafter set forth. 3. Wife shall bo entitled to 35. of hUsband'~ pension as a result of his employment witl) the United Rtates federal government, wife's entitlement to be effective April 1, 1997. The parties shall agree to the entry of a Qualified Domestic Relations order in substantially the form as attached hereto as Exhibit A. Until such time dS the Qualified Domestic Relations Order is in effect nnd wife beginn receiving her ohare diroctly from the federal government, husband shall pay wife 35% of the gross amount of any checks he receives for pension benefits due after April 1, 1997. Each party shall be responsible for the payment of all taxes due on his or her share of said pension. Husband certifies that he has elected survivor benefits naming wife as benefioiary thereunder. said survivor benefits shall romain in effect, provided, however, that in the event of husband's death, wife shall pay equally to the parties' surviving children a sum equal to the atter tax difference between the amount she was receiving or would receive prior to husband's death and the amount .he receives or would reoeive after husband's death. 4. Wife shall transfer her entire right, title, and interest in and to the Chevy truck and oanoe in husband's possoosion. Husband ohall transfer his entire right, title, and interest in and to tho 1987 Jetta Volkswagon in tho possession of their daughter Jill to Jill. Said transfers shall be accomplished within 15 days of the date of this agreement. 5. Husband waives any right, title, interest, or claim he has in or to wife's pension at PSERS. ~. Husband shall be responsible for the following debtsl a) The credit cards to Sears, Montgomery Wards, and VISA. b) Any marital debts to DAFCU (now Members First Foderal credit Union). 0) The debt owed to the Army War college as a result of their daughter Janelle's wedding reoeption. With regard to said debts husband shall hold wife harmless and indemnify her from any and all claims or demands made against her by reason thereof. 7. There is approximately $15,000.00 being held in escrow at Finance Trust corporation which represents the proceeds from the sale of the parties' marital residence. Said sum shall be divided as follows: a) The first $1,680.93 shall be distributed to wife. b) The remainder shall be divided equally between the parties, provided, however, that the following sums shall be deducted from husband's share: i) An amount sufficient to cover any existing arrearages in connection with the Domestic Relations Order referred to above. ii) ~3,OOO.OO of husband's share shall remain in the esorow aooount to 9uaranteo payment of wife's share of his pension until such time as tho payments are started by the federal govermnen!:. o\t the time wire r,eco 1 ves her first cheok from the federal government, husband shall receive any balance left in the escroW acoount less any amounts that have not been paid to wife pursuant to Paragraph 3 above. If husband has not paid wife her gross share of his pension by the loth of each month, Edward E. Guido, esorow agent is entitled to pay wife the sum of $750.00 from said escroW sums to be credited toward any amount due wife by husband. 8. The parties agree that the capital gains reali~ed from the sale of the marital residence in 1996 shall be divided equally between them, with each party claiming his or her shar.e on his or her respective tax returns. 9. Except as otherwise provided herein husband shall not pay to wife or wife to husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. 10. Wife withdraws her claims for alimony and counsel fees and expenses. 11. Each of the parties 8holl from time to time at the request of the other execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably needed to give full force and effect to the provisions of this agreement. 12. In the event that either party breaches any provisions ot this agt'oement and tho other party retains counsel to assist in enforcing the terms thnreof, the parties hereby agree that thn breaching par.ty will pay all attornoy fees, court costs, and expenses incurred by the other party in enforcing the agreement. 13. In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jur.isdiction, the provisions of this agreement may be incorporated by reference in substance but shall not be merged into such judgment or decree and this agreement shall , survive any suoh final judgmont or doorso of a~soluts divoroe and shall ~o onti~oly indopondent the~eof. 14. E~o.pt as heroin othorwiso provided, eaoh pa~ty may dispose ot his o~ he~ p~opa~ty in any way and oaoh party hereby waives and rolinquiohes any and all ~ights he or she may now have o~ ho~oaftor. aoquiro unde~ the present or future laws of any jurisdiction to sha~o in the p~oporty o~ tho estata of the other as a ~esult of the ma~ital ~olationship including without limitation, statuto~y allowanco, widow's allowance, right of intostacy, right to take against tho wiLl of the othe~. and right to act as administrator o~ oxecuto~ in tho other's ostate. Eaoh will at the requost of the othor exeoute, acknowlodgo, and doliver any and all instruments whioh may be necossary or advisabLe to oa~~y into effeot this mutual waivor and ~olinquishmont at all suoh inte~osts, ~ights, and claims. 1&. The pa~ties ag~oe that befo~e distribution of the esc~oW aooount set forth above, the oscrow agent shall write a oheok in the amount of $25.00 to covor tho transcr.iption of this agroement. THE MAS1'EH: Mr. 'l'hrush, you'vo boen present du~ing the statement of the ag~eement on the rocord? MR. 1'lIRUSIH Yes. TUE MAS'l'E1H Do you understand the ag~ooment as stated on the rocord? MR. TIIlWrHl: 'los, r. do. THE MAS'rf:R: And do you understand that the agreement as statod lu tho final ngrooment of nll eoonomio claims that havo boon raisod in this action? MR. THRUSU: Yes, I do. THE MASTER: And do you have any questions a~out tha agreement as stated? MR. THRUSH' No, I don't. MR. OUIDO: Bonnie, did you hear what the Master j~.t a.ked your husband? MRS. THRUSH: 'les. MR. GUIDOr And are you in agreement with the statements that he asked? 'Iou understand the nature and eKtent of this agreement? MRS. THRUSH: 'les. MR. GUIDO: And that's the agreement that you have? MRS. THRUSH: 'les. MR. GUIDO: And you're satisfied with that agreement? MRS. THRUSH: 'les. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and thut by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular section 3105 of the Domestic Relations Code. WITNESS: DATE: Edward E. Gu ido Attorney for Defendant ..,- ~/ i~~~~ 'Ifflt ? 1?~~~~: ~~u~\,~L hereunder, or causo to bo paid directly to hor by the ontity making paymollt to him of suoh bonl'!" iLn I !lor IlIftrltal Ilhare of any distribution from th~ /laid pon/lion or retirement benefits, calculated in accordance with the following formulal Alternate payee's portion of penoion c GrofHl monthly retirulllunt pay x 35\ 6. 1'1/11l particip/lnt, I\Il!Jrll-t L. 'I'hruoh, Ilhllll maintain a ll11rvival /lnnuity In f/lvor of /Ilturllllto [lIlYOO, llonnio M. 'l'hrllsh. 7. Shou ld tho ponu ion buno f i tu of tho plan partl.cipant, Robert L. Thrullh, be lOllt, forfeitod, or denied him for any reason, he shall litigftte to a roasonable extent his claim for such pension or retirement benefLtll so as to preserve them for himself or for the alternate payee, Bonnie M. Thruuh. The casto of said litigation shftll be borno by tho Plaintiff and Dofendant in proportion to their thon reBpectivo interestB in said monthly benefits. B. Each party shall be responsible for the payment of all taxes duo 011 hill or hor ohare of nnid punnion. 9. nIl p/lymllnuJ to lIollnl.ll M. 'l'hrllllh Oh/lll be mado diroctly to hor uniolls the entity making payment to her of such benefits Ilhnll requ Lro tho pnymcntn tel be mllde Lo her through the Domestic Rellltiono offico in which UVllll1 ali pnYIIll'nt ohall bc mode to her through the Cumberiand County Domestic I\eiations Office pursuant to this Order. 10. Both Robert L. Thrush and Bonnie M. Thrush shall, at all times in the future, I fully cooperate with each othe~', their 2 VII. IN Tllf: COURT OF COMMON PLEAS CIJMlIERLANP CoUNTY r P~~NNI:IYLVANIA NO. qLI.l/.')~~) (IY' TO,,.y\ RoamRT L. THRU6H, Plainti tt aONNIE M. '1'HRUBH, Pefenoant CIVIL AcnoN - LAW IN IHVORC1, NO'I'ICE '1'0 n~~FENI> ANn CLAlM IHGlI'I'S YOll lIAVE nEEN SUEI) IN COllH'I'. If you wish to defend against the olaims set forth in the tollowing pages, you must take prompt sction. You ara warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered agalnst you by the Court. A judgment may also be entored against you for ony other claim or roli.ef requested In these papers by the Plaintiff. You may lose money or property or other rights important to you, inclUding GUHtody or visitation of your children. When the ground for the divorce is indignities or irretrlevable breokdown ot the marrioge, you may reque~t morriage counseling. A list of marriage counselors is ovallable in the Offlce of the Prothonotary, at the cumberland County courthouse, CarJ.lsle. IF YOU DO NO'l' FILE A CLAIM FOR ALIMONY, DIVISION OF PROPER'1'Y, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNllLMEN'!' IS GRANTED, YOU MAY LOSf: THE RIGH'1' '1'0 CLAIM ANV OF 'l'HEM. YOU SHOllLD '!'AKE '!'HIS PAPER '!'O VOUR LAWYEH A'1' ONCE. IF YOU DO NOT HAVE A LAWYER OR cANNm' AFFORD ONE, GO '1'0 OR '1'f:LEPHONE THE OFnCE SET FOR'1'H BELOW TO FIND Oll'!, WHERE VOll CAN GET LEGAL HELP. Court Adminlstrator Fourth Floor Cumberlond County Courthouse Carlisle, PA 17013 (717) 240-6200 BA'l'llRIN & BATllRIN By' Y'Y1 L ,; / r} /)-k--- . I I L, '/ I, '-. I t'", .'- - MadelaineN. BBturin,Esquire Attorney rD# 68971 717 North Second street Harrisburg, PA 17102 (717) 234-2427 Datel August 15, 1994 RO~I!)R'r L. THRUSH, I IN '!'HI!) COUR'l' Of' COMMON PLEAS Plaintift I CUMa~RLAND cotJN'l'Y, PENNSYLVANIA I VB. I NO. I I CIVIl. AC'l'ION - LAW BONNIE M. '1'HRUSH, I IN DIVORCE Oefendant I COUN'r I cmlELAlll'L!JNDER s.E.C'.1'IfJlL-1.JJULCL QL.'rHE-D.lY.Qlli:.ILc.QJll; 1. The Plaintiff is Hobert L. Thrush, an adult individual, sui juris, who currently resides at 126 South Ridge Road, Boiling springs, Cumberlund County, Pennsylvania, 17007. 2. The Defendant is Bonnie M. Thrush, an adult individual, sui juris, who currently resides 1462 Holly Pike, carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff has been a bl>na fide resident ot the Commonwealth of Pennsylvania for at least six (6) months Immediately prior to the filing of the Complaint. 4. The Plaintiff and Defendant were married on November 5, 1972, in CarliSle, Cumberland County, Pennsylvania. - , - , " . VIllIUf'ICATIOtl I VERIFY 'rHA'1' 'l'HI': S'lWl'EMEN'l'S MAPE IN 'l'fllS COMPI,AIN'I' ARI!: ,..RUE AND CORREC'l' '1'0 'rUE 1l1':B'1' 01' MY KNOWr.~iPGE, BELHW, AND INFORM^,,'ION. I UNDERS'I'ANO 'l'l1^,1' I'AlJHi 8'l'^'I'EM~iN'I'a Hf:rUiIN ARE MADB aUl3J~iC'1' '1'0 'l'HE PENAl/rIEB OF 18 PA.C.6. SBC. 4904 REI,A'rING TO UNBWORN PAL6IFICA'1'ION TO AU'l'U01U 'I'I ES . DATEI August 15, 19~4 '\- I ) '" ~ -P"7i''\:'' ~,}.,_\J~. d- ;_':~--~ ROBJlIU ,'llllWlltI (BHAL) I' " , , - 4 - ............. I' ~ ,,\:.. ~ '4 , , .~ . ~. ~ ~ '-n v; " ...... It;) . " l \j 1.1\ , ~ " r< .>& ~ - ~t:: 1'.1. 'j' -. ,~.J ~ ~J ..,.~ l,)", It t --t- t~ ..: VI": jJ a ~~ '" ..., I'l ,..1 .... 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H :t "'11 " ~ . ~ .. If I, II SAIDIS, (jLJJJ)O, SHUFF & MASLANJ) 26 W. IIISII 5Urd C.,II.I.,t'^ . I I ~ ROBER'l' L, 'I'HRUSH plaintiff T.N 'l'ltE COUH'l' OF' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94..4568 CIVIL TERM BONNr~ M. THRUSH, l)efendant IN IJIVORCE lllil'EN Dllli.1:.'Ji AF1'JlJAY.l.'LQL~9N Il JEN T ,. u!l.r;r;~~1~'1'8N<;;lL 91r_.l:!!mV..lJJL.Alli2 ~A1YIJiJ.LQLNO'l'l.~;j';__ Q f. .1NTJE!'!'!'l.QN_.'l'O_l!JEQU E S'I' !1;J1T.RLQLA .lll VQJ3Qi; JJlE!;m~JL!I.ND1!;.R._ !!F.C'!'I9.tL JJ 9.LL~.l....QJ". THJE.JJIVQg~JE_.~9DE 1. TI Complllin'. \ 'I rll\101:"<'fl '1ndl;!r Section J30l(c) of the Divorce Code wall filed on Augullt 15, 1994. 2, Defendant acknowledgas Ilnd accepts service of the Complaint on AUgUllt 16, 1994. 3. 1'h'l marriage of PlaIntiff and Defendant is irrotrievably broken ond nincty days have elapsed from the date of the filing of the Complaint. 4. I consent to tl1.~ Ilntl:'y of a final decree of divorce without notice. 5. I undErstdnd thht [ mdY lose rights concerning alimony, division of prUpfl~ty, ldwyar 9 fens or expenses if I do not claim thelll bllfOrfl a dlvorcu is granted. G. I underst~nd that r will not be divorced until /l divorce decree is entered by the Court and that a copy of the decree will be sent to me Immediat.ely after it is filed wit.h the Prothonotary. ',. r have been advIsed of the avaUabiHty of marriage cO\lns,~lling and und"Ju,t.and tl1o:1t I may requeet that the court require cOllnselHn.]. r do not request thut the court requir.e counsolling. I verify that the statflmentl made in this affidavit are true and correct.. 1 understand that false stat'lments herein are m/ldo Gubject to the penalties of 18 Pa, C.S. Section 4904 ~fllatlnq to unsworn falaitlcation to authorIties. . DA'rw:.. .~.1 ~.l!:DJ.. ......._ !(~ \~.~~~_}tl . )(\A\ ~_::.L 1.-..:::___ Rennie M. Thrush, Defendant. ~ Ii. )- /.- r..:; r? .. ;.... ~) J'. ..:r ;, " . ,- . H ' ,>1 ".i -, 'iI, .- l..{J 10 fj-l: Irff . Ire rl,;! ; ". P. ,t , . ."',. . ., r-. :, 'J 0', {,) . , . ROBl!lRT L. THRUSH I IN THE COURT OF COMMON PLEAS plaintit t I CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL AC'l'ION - I,AW VII. I 94- 4588 CIVIL TERM I BONNIE M. THRUSH, I IN DIVORCE Derendant I ANSWER-TQ BILL OF PARTICULARS AND NOW, comes the Defendant, Bonnie M. 'rhrush, by and through her attorneys, Fowler, Addams, Shughart' Rundle and respectrully submits the following Answer to the Bill or Particulars filed by the plaintiff, Robert L. Thrush, in the above matten 1. Admitted. 2. Denied. On the contrary, beginning on or about December 1993 Plaintiff made repeated statements to the Defendant that he wished her to leave the marital residence and that he wished to be divorced. During the last four (4) months prior to Defendant's departure, these remarks were made almost daily. The remarKS included statements "go live with your mother", "get the hell out", and "get the fuck out". It is admitted that Defendant moved from the marital home on July 12, 1994. 3. Denied. Prior to the Defendant's departure, during the time plaintiff was demanding that she leave, the parties made a written list of items which each would take into her and his possession upon her departurn and agreed upon that list. Defendant took only her non-marital property and marital property .s listed in writing and agreed to by the parties. The dog, which is a registered golden retriever, is not owned solely by the Plaintiff. It 1s co-owned by the Plaintiff and his youngest daughter, Jill, a minor. Jill moved from the marital residenoe with her mother and took hor dog with her. 4. Admitted in part. Denied in part. It is admitted that Defendant did not adviae Plaintiff ahe was leaving or preoiaely where aha was moving. 8ecause of the abuse that she had suffered at the hands of the Plaintiff, Defandant has reasonable concern for her safety. Moreover, Plaintiff's oldest daughter returned to the marital home and spoke with the Plaintiff on July 12. Two days later, on July 14, both daughters returned to the marital home and spoke with their father. He did not ask where they were living. In fact, he stated to them that he did not care where they were. 5. Denied. Nothing could be further from the truth. The Plaintiff has a serious alcohol abuse problem which has existsd for many years and which he refuses to acknowledge. When he is drinking, which is most of the time, everyone around him must "walk on eggs". He constantly starts arguments, frequently in front of the children. On many occasions, with the violence escalating over the last years, the Plaintiff hit, slapped, punched, and klcked the Defendant and their two children. He repeatedly referred t.o his wife and children by vulgar and profane names. -2- 6. Denied, During the last two years of the marriage there were oooasions upon which the Defendant did raise her voioe to try to be heard over the Plaintiff's screaming. The result of Defendant standing up for herself was that the Plaintiff began attacking the Defendant in her sleep. During the last month prior to her doparture, Defendant slept on the floor. The only peace that the Defendant had was when Plaintiff would laave and go to bars. 'rhe reaaan the Defendant left the marital residence was because she suspected the Defondant was having sexual relations with a woman named Ruth Ann Kreiser and decided not to have sexual relations with plaintiff because of her fear of acquiring a venereal disease or worse. one week after Defendant departed her suspicions were confirmed by a telephone call from Ruth Ann Kreiser. 7. The Defendant may have stated to the Plaintiff that she wished she had never married him because that was exactly how she felt. she did not, to the best of her knowledge, ever state that she hated the Plaintiff. She did, however, make remarks during the last two years of the marriage that she hated the way Plaintiff acted and she hated the way Plaintiff treated her, which statements were the truth. The statements did not create any mental anguish for the Plaintiff or he would have corrected his intoxicated behavior. 8. Denied. On the contrary, before the parties married they agreed they would never criticize or contradict each other -3- in front of the ohildren, Defendant was very oareful not to do so. When she disagreed with the Plaintiff, whioh was frequently, she would wait until the children had left until she expressed her thoughts and feelings to him. When she made these remarks, the intoxicated Plaintiff would scream and yell at the Defendant, thereby attracting the children's attention. On more than one oooasion Defendant stood by and watched the Plaintiff hit, punoh, throw and kick his children. Defendant regrets her failure to aot on those occasions with all of her heart. 9. Admitted in part. Denied in part. It is admitted the Plaintiff worked hard to take care of the family's needs. Defendant also worked, she simply did not earn os much. Plaintiff was always buying more than the family really needed. He always wanted his "toys" and made that clear to everyone. As a result of Plaintiff's spending habits, tho parties never acquired any appreciable amount of savings. Plaintiff did buy Defendant many things, some of which she wanted, some of which she did not want. On occasion Defendant told Plaintiff not to spend so much money on himself and herself. He stated "You can't take it with you. I'm not leaving it for my kids to spend." 10. Denied. The Defendant's primary job was that of the "homemaker" who cared for the home, husband and children. She enjoys her job very much and daBS not have the ability or the inclination to obtain higher education. Defendant did complete a computer course to help her obtain a better job. Despite her -4- ettorts to find a better paying job, she has reoeived no ottere. Detendant doee part time work in the Bummer to earn additional money while school is in vacation statue. 11. Denied. Defendant's paycheok was used to buy grooeries and to supply the ohildren with lunoh and allowance money. oocasionally Defendant bought dinners out or gifts for people. Plaintiff did provide money for the joint checking account in order to pay other household bills and expenses. However, he retained the sum of $200 from each paycheck for his own use. Defendant assumes that $200 was spent for alcoholic beverages and his girlfriend. 12. Denied. Defendant is not dominated or controlled by her mother. On the contrary, Plaintiff is a very insecure person who was jealous of anyone close to the Defendant. He was rude on oocasions where he had to visit his in-laws for even short periods of time. In fact, the Plaintiff acted so rudely that Defendant eventually stopped visiting with her family because Plaintiff was continually embarrassing her. Plaintiff freqUently made statements that Defendant's relativea were "stupid". 13. Denied. The actual situation is completely the opposite. Plaintiff berated and embarrassed Defendant and the children in front of other people. He also flirted with other women causing Defendant further embarrassment. 14. Denied. Defendant always prepared well balanoed meals for the Plai~tiff and the children. Frequently Plaintiff would -5- not eat thom. He seemsd to want only soup or sandwiohes. When Defendant would make a meal of soup or sandwiches for the Plaintiff, he would atill complain. On numerous ocoasions the Plaintiff would not b~ pleasod with what the Defendant was making and would slam the rsfrigerntor door stating "No, there is never any fucking food to eat around here". One day, Defendant made a oasserole that had a potato ohip topping. It was thrown by the Plaintiff at the Defendant. On another occasion Plaintiff smashed a chicken salad sandwich in the Defendant's face. Defendant was not allowed to prepare rice. Plaintiff would not each Chinese food. Therefore, occasionally, Defendant would eat out. During the last six months of the marriage Defendant made dinners for the Plaintiff, out of fear that she would be physically harmed if she would not do so. The Plaintiff would eat, get up from the table, and leave to meet his girlfriend. 15. Denied. During any discussion or argument with Plaintiff, it had to be his way or I1Q h'AY.. If the Defendant gave an opinion, plaintiff would ~rgue with her until he was blue in tho face. Defendant usually withheld her tr.ue feelings just to avoid such erguments. 16. Denied. on the contrary, the plaintiff is obligated to list each and every alleged indignity he intends to prove at the Master's hearing. The Defendant will object to testimony -6- 4, JlllnillJ. It l~ rltlllied that Iltthndonl IlYllr ~uffl!tod lIbuOIl by lhll [llointl/f and thot- Jlllflllldonl had ~IlY reBUlln t<1I uOIIC!1I111 fOI hUI uo(...ty. l"urthonllon.., PllllnUft'n olJ,wt oIl1l1l}ht.n 011,1 telUlIl hl tho multol homll aHot ohll hod tuft, 1I0w"yet, PllIillt i II ,1101 11011 '1l1"lIiiun hur lIhOlll Whl>l"1l ohl! allr! tht! JlIl/llndant Wllto llvlnq dUll to hIli utllt" o[ uhoek ond diBbllllaf l~lt tha family had dioal'pflllllld wilbotll llltrllllllllll hilll 01 wblltn, why Ill" whlln, PlainUU'1I daughter rlltutlll!d to thtl lIIarl lill hOlllu Il'I':IIUUI! thl! I'llHnUff was going lo help hllr purchllBIl a ell l" I hill tlYl!n I 11\1 wb i ch hl! u 1111 1" OCl!tHlud 10 do. 5. Jlllnilld, Plaintiff dlllltlls hovin9 an 1I1cahol abuoe prabllllll. PlaLntiff findo 01ltrag1lllllu Ilufundllnl 'u all"LJotion lhlll hl' hilll ,\ Otlrilllln 111cohol abusll problllm which he r"lusl!u lu ucl\IIowl..dqo., Furl:h'lIl11lll-l!, Plaintiff hall nllvur hit. olapplld, punchlld or kicked the Ilefomdllnl or Ihllir Iwo chlldrt>lI. Plaintiff has not repllatedly rlllerrtld 10 Illllendanl, or thlll!" childtlln, by vulgar and profanll naml!s. 6. Ilenied, Plailllill hUB ubnolutuly n<1 knowlf!'!\le 01 ever ut.tacking Dllfllodant in hilt slellp and vehemently denleB nny such action occurring, Prior to llefendRnl leaving the marital hOllie, it wan Ilelendunt 'n idf!a to alllep 00 a mattress which sho. hnd moved out of the bedroom, 7. ponlnd. Ilelendnnt did mako constant atatementn thal ahe wished aha nllVllr married Plaintiff which, in fact, did create mental anguish for the Plaintiff. - 2 - O. Dflnifld, Plaillt iff vllh"III11lll.ly 111l1\jll~ IlVllt hilt Ill'), PUlIllhllll/, throwlllll Ot kickln'l hl~ uhll<lltlll. 1'1111111 III 1111,1 /)"tl!II.11I111 11011111 11I~II'JI"lll! about how bl rslsl! thl! dllldl"lill, II 'III '! V 'II , Ih'l,md'llll IIIlV"1 l'illll,!II'II!lld III JlsrJiplillllll/ thll uhil<lrllll, lull ollly IIII1,tl' L'X'llIIII'1I 101 Ihl! '-"lildl"II'" IlIl'k "I 1l'/lI'''"l1lhillly lilt thl!II' h'1l1SI!dU"IlIIlI/, 9. 1)I!lIill'l, Plaillf!lt dlllliclI thlll hl! alllllY" 1I1I1I1I!d hili "Ioys", Plllinliff dl,1 not sl:ote I hili: h,! wall "1101 I"IIVIIII/ il: [nl lilY kids 1:0 3pllnJ", 1l01ll!Vllr. Plolnliff did Bp,md 1II01l"y 0111'\ h,' did III1Y "yolI only liv,' Ollie"", 10, DIlIII Ild , PerellJlIl11: 'Ii pi illlalY J"b 10111' I:hlll: of hnlOelllGkllt 0111)' frolll wh!!n the chi Idren Wlnl' b01'1I 11111 i 1 t h.'y W',,"Il lIehOl'll "'I". Per"lIlll1n! does hftv!! the ablli.ty to obtllill a hi,)hel" ",lll.:lItiOIl. P"['!Ildlllll: hilS lIIade 11'1 effort to fjnd a blltler pllyinl/ joh. II. P"ni"I\, llllr.'nlllllll lIevet spellt hor mon.!y on dinners 0111., The \liftll whirh lOllY hava bllell purchGslld fnr peopla weIll bought with Plolntiff's money, !'llIln!iff did 1101 IIp<>lId $~oo.oo lor 1I1'!<lholic 1,,'v"I"III/"1I OIr rOI" a girlfriend, 12, Denied. It is dllnled that llelendllnt I'VI" stl!pP"" vluillnl/ with hP.1 family, Al UInI!S I)"r.'nrlanl. 10101'11,\ viuil hllr tnlllily wJlholll PlninUff bI!CIlUIH' Pllllntiff 101.1:3 b"I.h",",oI by Ih... foci Lhlt Ill!fl!ndont 10111.; dominll' ",I by hel fllmily. 13. P,mi,!d, Plninl iff nev',y I'mbarraulll.d Ot b.!rllh'd Ih,' ,.hildran or l:hl! Oefendant In front of oLhar peopla 01" fllll:"d with OIlh"t WOlllan, - 3 - . ~ ~ ,.J ~~ ~ ~ "" ,~ s "'~ m a ,- ,.J ~ ~ jl': ~ ,- ~ '- (j " 5:!:!3 E tl ,,- - ,~ IX ~ ~ ... z~ ,.J "" Ct e ~ . ~ v '" '" i jO-~ 1-- ,~ l) c ~ ~ 'I: '- 1-0- . . .-i ~ ~ V ~ I- 8,- .~ P- c: ~,'- elll ~ ~ ~ - - ~. c ~ ~ ~ '. Pi [7' ,:::. oltl u ~ v~ III ~ W ......."'-.. ~ ~ IX~ ~ Z ~ z 1-8::2 00 00 </let:. j IX 0 ~~~ ,,' ~ IX ..; X .. V '- C 0 ~ I U . . '-I- Z IX u;?i:: .. .. ....: 7 I- :::l .-ic: c- c ,.J .. 1lI III ~ffi::: ~ ~ ""' '" v I- III .~ ~ ";; ~ Co ""' ii z~> . co ..-. ~ '" IX ~.= c g c..~ . "":uu IX x " .. .' SAIDlS, GUJJ)(), SHUFF & MASLANI) 26 w. tUsh SI..<1 CllIlI.IIl,PA ,. ", . ROBERT ~, THRUSH, Pl,A I N'l'I ~'V' IN 'l'ltE: COU/t'l' OF COMMON PL~~AS CUMfmlU,ANIJ COlIN'l'Y, PE:NNSY1NAN IA v. BONNI~ M, THRUSH, DIJ:FV:NDAN'l' NO. 94-4~U6 CIVIL TERM IN D1VOIKI;; PETITION or DEFENDANT FOR ALIMONY COUNSEL rEES & EXPENSES AND now, COlueu Dufulldilllt AOllnl.l~ r-t. 'l'hnlflh, by her attorney, Edward E, Guido, !uguiro and fileu thiu Petition pursuant to PA R,C.P. 1920-45 and in uupport thuruof BVerfJ as followsl COUNT I - Alimony 1. Defendant lAcks uufficient property to provide for her reasonable needs Bnd \.11 unable to support those needs through appropriate employment. 2. Defandant requireB reasonable support to adequateJ,y mailltain herself \.n accordance with the standard of living established during the marriage. 3. Plaintiff \.S financially able to provide for the reasonable needs of Defendant. WHEREFORE, DefendAnt requests this Honorable Court to enter an award of permanent alimollY in favor of Defendant and against the Plaintiff. COUNT II Couneel Feee, Coste and Expenses 4. The allegations in numbers 1-3 above are made a part hereof and incorporoted herein by reference. 5, Defendant hOB retained the services of Saidis, Guido, Shuff & Maslalld and the Gounsel fees, costs and expenses for representation ill thlA action will be substantial and continuing. it. ,.. . (: f~ ""~ . . .. iJ,r , ~' - t t~; I . . ~ , I .' i' fi.. , ., I: , ..1 t.' ro, ']' -. C'I , 1".1.1 '-.. -, ".; Q! .. 'I' F-' ~. ~ j j . I " . ~.. lJ I It] 8 , (.\ , 'Q (I'l it ~ ~ ~ CIl - -< 8~a ~ ~~P';~ U olJ"'Iii~~ ~ ~~:c~r. o III \:)Q..- ~ 0 s: 11ft.. . 'Iil~ :i,~Q..~-o 'W ..J :c . ;fj ~ Q.. ~ U e -< CIl ... r- . l.f~ <"I i. .. "I. .- I' ' .~ , i( y..:t .\ I":' II:: .. .,. ct '. f.. ~ ~ t~' ., l"I. "...., \; , ' ~"l C::' - I " I i;~. \' , ,.) \ , '. , '..) h' '/ II,'" 'Ii' \..''';\ 1'1: 1,-.., . ,'I -I'.T"T( I'I~ Co .1 " 1,',:l\1 IIf \. , 1..'1' , I l '/'.11"1'/ ". _.".11 I ,'(I 1/;', "!ll\ , ' AlIIT. or .aaTII6 ( )( f 'ldnUU ( I Ddllllld.nt muk. on the l.l.lt billow tho.. ,\.. .pplloabl1 to 'h. a... ., b.t Mnd it.mllo, thl ....t. on _he '01 owln9 p.V'" If.n ltem h~w be~n ~ppt.L..d, a oo~y of tb. .pp~aL..l rlpo~t 1. attach.d, ( )( ) ( )( ) ( I ( ) ( X ) ( )( ) ( ( ( ( ) ( ) ( ) ( I ( ) ( I ( I . ( ) ( x ) ( x) ( ) ) I I ltad propert)' Motor v.hiol.. .took', bondi, too~rLtiQ', and 6~tlQn. c.~tif1eate. of d.po.lt Ch.nklnq .ccount., each 'Ivlnv' account., mon.~ market und 8~Yini' certULoat.. Cont.nt. of .af. d.po.lt box.. Trlol.t. Lif. Ln.uranol pollei.. (lndic.t~ fac. vIl~o, oa.h lurr.od.r 'alu. .nd ourr.nt ben.fial.xie.1 10. Annu1U.. 1. :a. ~. 4. I, I, 7, I, 8, 11, G1:fu 12, Inhlritane.. 13. 'at.ntl, eopyrlvht., invuntiona, toyaltl.. 14. 'erlonal property outeidu the homo 1&. .u.ln..... (li.t .llown.ra, lncludinq parcpn~~~. ~t own.rlhip, Ind officer/dir.ctor PQailiona held by Q party with co~p.ny) 16. Imployment t.rmination benefit. - 8ev~ranc. pay, worker'. co~p.nl.tion olai~/awBrd 17, 'rofit .harin9 plan. 11. PuntLon plana (LOlUcat. employ... cOlllributian and cl.at. plan v.et.) 1'. R.tir.~.nt plan., individUAL r~tir.mont acoount. 20. Dllability payment. . , ) U. LLt!,.t!on olaLal (mltu~.d Ind Ilnmat.uudl , ) U. ~l!t&rJ/v.A. bln.fltl C I U. '4~.t~on ben.flt. C I It. De~CI .Il', Lno~lld~ng loana, ~g~tvave~ held C II I II. IOIlI.hold 'u~nlahLn9a and p.~aonAlty (Lnalllde II . trtll olt'90~Y Ind attached Lt.mi.~d lLMt of d It~lb~tlon o. luoh ....t. Le Ln dLapllt. , I U. Otb.r II . ZJ '0 $ H 0 t1 ~lJJ IIJ ) 0' ~ o ~ ~ 'Ql ,t1 '~ Ja ~ 1.) '~ ,,~, I 0 J1l '" I}I * 11 ~ ~ B )'0 /IJ l') ~ tJl1-4 o~ t p, o ~ .... ::tH p., Ii ~J 00 00 d 01-1 8~ 8 ..... 00 . . . . . 0 ~ ~~ ~... ~ <Xl jJ ~~ ,tI III - '2' 0 ,~ ~~8 . . CJ <Xl ~ 0 '" Q . . I': ~~~ 0 ... ~ l~ ... I': ~ ~ P .4 1M S 0 a oJ ~1 i 0 Jl...~ 0 . 0 1: 8 0 . <Xl ~~~ ~ jJ ,tI III :T 0'0 2Ji M U1 U1 aI .a u 0 0 aI < 0 0 ~ ~j ~ :3: ~ '" 0: ~ ~ II: o<l; ... '" ll. 0: II:: I\l . 01/1 ~ 0' I': ... <l)'M Olio< jJ jJ ~ ~ p, I': I': I': g 'Mr.n <l) oj) III (Y. ~ ~ 'tl ,tI Q) tl 0' I': 1/1'" ~ . c 0 0 I\l D'M V) 'M H H .a II::~ .9 "' P. Q. 1/1 'D'M E E D P. "'0 I"l [J.l 0: D :;... ~rr. I jJ - ~-l t) Q) ." Q. oj) C I': P. 0 E I\l I\l ~ 8 0 H H :;... P. II: P. P. I :> .... oj) H l.I OJ ~. C I': Q),t: Ol "'~ I\l 0 0 ....u I': ~~ jJ 'M 'M t) 0 'M 1/1 1/1 'M "" lJl 8~ ~ I': I': .c:O'\ ~ Ol Q) Q) Q)O'\ Q) ;i; p. p. >~ p. ~ '" "" .. '" rURHt'I'URI!l " ...lJllHHIIHHOH IN "()HH~lHHION O~' J>JU'lllNI>AN'r . Defendant romovo<! mllr It II J pnrHcltHt 1 Ilt'c)porty from the mild tal home without tho ClCltlHClnt or knowl.ndq" ot I'lnlntlft, whioh inolude, but Ilro not llmltCl<!, to thu tollowltllp l'l'EIW.. 91'. HARJ'l'AL l'ERflOHAL l'JlOJ'Ell'l'Y IB_l~5aE5519H OF DEFEHD^"'l' YA1dJJI 1 ) Picturos & Port~nits $l,OOO.oo 2) Bedroom Furnituro $1,000.00 3 ) Antique Dry ::link $1,000,00 4 ) Antique 'l'abla $1,000.00 5) Antique 4 chairs $ 800.00 6) curto $ 450.00 7 ) ;!'l" 'l'V (Picture in Pioture). $ 850.00 8) sony VCR. $ 1500.00 9) Washer $ 300.00 10) Dryer $ 200.00 11) couch (Fnnlily room). $ 900.00 I;!) Lava Seat (Family room). ,$ 700,00 13) ReclIner from llvlnq room. $ 400.00 14) Camera 15mm* $ 300.00 1')) 'roaster Oven $ 415.00 16) Mixer $ 100.00 41 ) Blinds $ 40,00 42) Hose Reel $ 7&.00 43) 100' Hose $ 3&,00 44) Water Plants f rom pond $ 100.00 45) 'l'ul ip bulbs $ 7&.00 46) 10 Wooden 5 gallon basket:e $ 100.00 47) Red wagon $ 50,00 4B) Hedge trimmers $ 50.00 49) 2 grass trimmers $ 40.00 50) 2 shrUb trimmers $ 40.00 51) Hamper $ 30.00 52) Braided rug $ 400.00 * These items were new at time of separation & the Plaintiff has been paying them off. . . , . - .. .. . .. I , , .,.,... . . .. LfAlfLX'II, or 'AlTII. (x I ,la1nt1" ( ~ Defendant mark. on the li.t below tho.. f tfl" .~Pl1o.ble to t e O..e at bar and Lt.mi~.. the UabU t e. o the following page.. lacU%"-c! ( X I 1. Hortgllge. ( I 2. o1ud'i/ment. ( x I 3. z.1In. ( I .. Ot-hat' ..oured lLabL1Ltioo - U"..our_<S . ( )( I .. Credit card balanco. ( ) a. 'urch.... ( )( I 7. toan pa:(Il1lntc - . = ( ) t. Hote. payable ( I 8. Oth.r un..cured liabilLti.. Con~ln9.nt or Deferred ( I 10. Contract. or A'i/reum.nt. . ( I U. ,rolll.l.llory Hotel . ( I 12. Law.dt. ( I U. Opt.!on. ( I u. Taxe. ( ) 15. Other cont.l.ngent or deferred aabil.l.tiel . LIMHl.1'l'II!:S 01" J>^WI'II'l/:l ^'I' 'l'lMJil Oll' SMVARA'l'ION A) CRMDI'l' CARl) l)"'....NCI!:S 1) SaBri. - $ "63, ~ ~ 2) Montqomory Ward - $ 3'10.46 3) VISA $~,305.B3 B) LOAN BALANCES 1) Mamber's First Foderal Credit Union (previously DAFCU) - $ 1,!HO.B7 2) Member's First Federal credit Union - $14,477,54 C) TAXES 1) Real Estate Taxes - $1,932.49 ~. ,.. , , I, , , , " t','.', I , I I.!. " l.', , .' I l. , I . L. , I , ,I , I . . ., I , " , , , ~~ i~ ~ ~ 8 ~ ~ i~~ ~ I~ ~ ~ ; , .... .., ~O(~za :';:l . 'i ~ i'~ al 0 ~ I' u " ~~ ~~ !i odJ~ ~ o 8 ." ~ ." tJ p: ~ ~~~~~ r ~~ , , ~ ~ ~ ~ ~ ~ o-l ::E ';J, 'M ~ ~ h~ m,.. III 0 ii . ~ (j :2~ II: ... :z: ;; !, " , . ;. "..M:'L ~ l'" ROBIllRT L. THRUSH, I IN THE cOUR'r OF COMMON PLEAS PlBintHf I CUMBERLAND COUN'I'Y, PENNSYLVANIA I VB, I NO. 94-4588 CIVIL TERM I I CIVIL AC'I'ION - LAW BONNIE H. THRUSH, I IN DIVORCE Defendant I IULL....Qf. ._PAB.'l'I.cULARB AND NOW, this 1st day of September, 1994, comes Plaintiff by and through his attorneys, BA'l'URIN & BATURIN, and respoctfully submits the f0110winq Bi 11 of Particulars in support of his Complaint in Divorce heretofore filed in the above-captioned matter I 1. Plainti ff and Defendant were marr ied on November 5, 1972, in Carlisle, Cumberland County, Pennsylvania. 2. On July 12, 1994, when Plaintiff returned to the marital home from R day at work, he discovered that Defendant had loft him, Which caused him extreme anquish and shock. J. On July 12, 1994, when Plaintiff returned to the marital home from Work, he was confronted with an empty house and with the realization that the Defendant and theil- two children were qone and that Defendant had taken with her from the home most of the marital furniture And furnishings ond plaintiff's dog. 4. Plointi tf had no ideo where lJefendant or his two ohildren were living until he recei ved an Order of Court soheduling Il support conference and accompanying pLlpers listinq the new address of Defendant. B. During the years of mfirriage, Defendant constantly started 8rquments and causod constant contention and bitterneas with Plaintiff over daily iSBueu. 6. Especia II y over th8t last two years of marriage, Defendant would scream and holler fit Plaintiff during arquments. 7. During arquments, Defendant would yeil "I hate you", and "I wished I'd n~ver married you," which caused Plaintiff extreme mental distress. B. During the years of marriage, Defendant oonstantly contradicted and criticized Plaintiff in front of their children when he would ask their children to do somethinq I which would embarrass and upset Plaintiff. 9. During the years of marriage, Defendant constantly oomplained that there was not enouqh money, notwi thstandinq the fact that Plaintiff worked continuously throughout tbe marriage to take care of the family needs. 10. During the years of marr iaqe, al thouqh Defendant continuously complained that there was not enouqh money and on - ~ - numerouN oocasions Plaintiff offered to assist Defendant in her obtaining a higher education or in attending 8 program for a oareer ohange in order to contribute more to tho family, Defendant refused to contributo more to tho family. 11. During tho marriage, plaintiff always provided Defendant with the monoy from his pnychack from which Dofendant paid the household/family bills IInd expenses, while Defondant used her paycheck for hernelf. 12. During thlt years of marriage I Defendant was dominated and controlled by her mother, who disliked Plaintiff, and consequently Defendant ignored Plaintiff's denires, wants, and opinions, which further caused Plaintiff distress. 13. During the years of marriage, Defendant constantly tried to embarrass Plaintiff in front of friends while they were out socializing by putting down Plaintiff and making derogatory comments about him. 14. specifically during the last sill months of the marriage, Plaintiff failed to prepare any cooked meals if the children were not at home. 15. During the marriage, during any type of discussion or argument, whether it concerned raising the children, Plaintiff's careor, or their daily lives, Defendant would constantly criticize Plaintiff and tell him he was always wrong and everyone else was - I - ai ~ "-'1 ;.1 , I ~- " nl I,'. (~ ..; . , en ,..:: ~ ~~ P<Vl '." +J ~ i?; ll_l f:: I'<J Z ~ a ~[:1 .... nJ U E w 'tl H ii: ~P< f:: f:: Vl:> ~ ~ ~ 0( "I .... q) (.Y,(Y. :z a a . ~ . nJ ..... ,( 1J1 ~ U:>O j 11:0-< ~ 0]) HVl 0( ... VlP< VlQ U l lD 0 ~ " rL4 :? ::"1 ::'J U 1"- ~ odS u " ap I rr. rr. HO III a II: ~ E~. III Z ill E-<U Z E-< , E-< n: W ~ i!: ~ ffi z l38 a I~ " "r, ~ j It II. 0 H . , p, ~ ~ IX ~ a~ E-< H ~ U 0 \l Uj U r..... H z ~ .~ [~ w Or.L4 " gjgj rr. H H lD III H W f'; l-ll...... " III ~~ H oIl ... HfY. it :> a 0 1-< W IX H ., rr. oIl trlU 0( HU U :z: - , . . ' . I . . INOOHVo ANP ~X~~NS~ STAT~H~NT 0' 1l0BEIl'V I,. 'l'IIRU6H INCOME I NAVAl, INVF.~lURY CO~l~Ol, I'OIm' ~llIployer' Address I P.O. Uox 2020, MechanicAburg, p~ Type of Workl_.___Suparvisor Payroll Numbo~l, 'ay 'eriod (Wuekly, ai-Weekly, etc.) Oron Pay Per Puy Periodl $2300.00 Itemized Payroll Deduction"' Federal Withholding Sociul Sec.urity Local Wage TL\x State Income Tax Retirement Savings Bonds Credit Union Life Insurance Henlth Insurnnce other (Specify) l<<:ARC Net Pay Pur Pay Periodl . . . . lli-weeklv $ 391. 82 $ $ 23.00 $ 64.40 $ l61.00 $ $ $ 45.75 $ 19.12 $ 33.35 $ . . . . . . , . . . . , - l - 17055 $ l,56l.56 -- O'l'llltR INCOHlt I l1.ul\ I:lelU!l. l!!!. Inter..t . $ $ Dividend. . $ $ Peneion $ $ $-- Annuity $ $ $ Social Security $ $- $ Rentll $ $ $-- Royn 1 t in $ , $ $ Expensll Account $ $ $ Gifts $ $ $ UnemploYlllllnt Compenslltion $ $ $ - Workmen's Compenlllltion $ $ $ $ $ $ $ $ $ Totllls $ $ $ TOTAL INCOME . . . . . . . . . . . . . . . . . . . . . . . . $ - 2 - IlltPIlNllItS J ltu.ili'. tl2IUh!i. VellrlY ilONa I Hortlllllle/Rent 4 4 725.60 4 Hll1ntenllnce $ $_ ;!~.lIU C UtUitiu J Illectric $ $ 135.011 4 Gus $ $ 4 Oil 4 4 4 Telephone 4 $ :l5~.ll. C \llIter 4. $ 13.00 4 allWclle $ $ 4- Employment I Public Trnnllportntion 4- $ $ J.unch $ $ 10.00 $ TlIXe1l1 Renl Estllte 4 $ $ Personel Property $ 4 4 Income 4 4 4 Inllurancel lIo111eowne ra 4 4 4 AutolllOblle 4 $ 60. 00 $ J.He 4 $ $ Accident 4 ;- 4 1181l1th $ 38.00 4 Other 4 $ $ AutOlllob Llel Pllyment 4- $ 540.00 $ Fuel a $ 100.00 $ Repairs 4 $ 10.00 $ Hedicnll Ooctor $ $ $ Oentist $ $ I.UU 4 Orthodont ht 4 $ 4 lIospitlll $ $ $ HedlcillU $-- $ 5.00 4 (Bpec1nl needs, 81 II lilies , brncus. orthopedic devlcell, etc,) 4 $ $ - 3 - "'llk11 HllnthlY Y"l'lY .'lIIlUtOIU Prlvltl IchQoi $ $ $ 'Irochll1 Ichooi , $ $ COUI.I . . $ .lll.tOIlI . $ $ 'erlonail Ciothlna $ $ 20.00 $ 'oDd $ $ 100.00 $ Barbll'/Ua1rdroullr $ $ 13.00 $ Cr-Ht Peymontol 144.00 CharBI Cord $ $ $ ChuBe Accollnt $ $ $ Kallbl rail 1pa $ $ $ I.oanll 540.00 Mermers lBt $ $ , $ , $ $ $ $ $ $ $. Hhcd1anloua I HOlluhQld hdp $ $ $ Chlld cera $ $ $ 'apara/Bookl/Ha.a.1naa $ $ $ Ilnterta1l\11111nt $ $ 40.00 $ 'ay TV $ $ 30.00 $ Vacation $ $ $ GUta $ $ $ Lallll 'eu $ $ $ Charltable CQntr1but10ns $ $ $ Other Ch1ld Support $ $ 475.00 $ AUIIIlmy Payments $- $ 422.00 $ Laundry $ $ 30.00 $ Other I $ $ $ $ 0$ $ TOTAL IlXPItNSES $ $ 3,507.60 $ - 4 - " , :. , .. , J I I .. I.'! -. . I. , . I'. I , . , , , .i t. I.: . I , , [I , I , , . " ,. . , I . . , I ~~ ~~ ~ I~d .... jJ ~d ~ ~ ~ i ~" 0: E t .~ ~~ ~~.. ~ "~ I ~! Ii o ~ '... i~ p "8 ~i~ i i ~ lDo~r: .; ctl ~ E . Z 1/1 Z ~ ..1 . j~~~O :I: II ~ ~ ~.... ! ! o ~ ~ ,Q ~ ~ ~ ~ i ~ ,.. 1/1 iX IX C X , , . . ., , SAIJ)JS, GUmo. SHUFF & MASLAND 26 W. IlISh 5'0:<1 C.,II,I" t'^ ROBERT L. THRUSH, PLA I N'l' I f'l" IN '1'Hl!: COtJR'l' 01" COMMON I'I,EAS CUMl3ERLAND COtJN'l'Y, PENNSYLVAN IA v, NO. 94-456B CIVIL '1'ERM BONNIE M, THRUSH, DEl"If.NDAN'l' IN DIVORCI~ PITITION rOR ALIMONY PENDENTE LITE AND now, comes Defendant Bonnie M, Thrush, by her attorney, Edward E. Guido, ~~squire and f.iles this Petition for alimony p~ndente lite and in aupport thereof avers as followsl 1. Defendant Petitioner her~in is Bonnie M. Thrush, who currently resides at 1462 Holly pike, Carlisle, cumberland County, Pennsylvania. 2. Plaintiff Respondent herein is Robert L. Thrush, who currently resides at 126 South Ridge Road, Bo.iling springs, Cumberland County, Pennsylvania 3. On August 15, 1994 Respondent filed II Complaint in divorce to the above-captioned term and number. 4. Petitioner is employed at 1\-1 Vending, Carlisle, Pennsylvania at an annual salary of approxtmately $15,000,00. 6. Respondent is employed by the Naval Inventory Control Point as a supervisor and earns approximate 1 y $60,000.00 per year. 7. Respondent currently pays Petitionllr $900 per month tn child and spousal support, 8. The parties' youngest child is now emanctpated. 9. Petitioner believes, and therefore avers, that Respondent will contest further liabiltty for spousal support. . ~ N '- '~ ... - . \Il' ~- lJ, l.~ ..,., ,. ~ .0 W" I;,' r..: 1~1 \. - I ,-. ,'lJ). "s t:. .- "m It\', ~~ . \ 'I 1 ~_I ') .' I J II ,/'1 ~.I Ul '\'€) ~ r ~ ~ ~ ~ 8~~ a ~~~g~ ~ ~~ts~f: i': '-14C :S ~=~~ ",::lx tIS M~p,. ~ U CIJ , " - " '. J ~J ! , j.J I . ~ Ilol I< t ~ Bi ," II< I-< 1Il ~ ~ ... . P e1'tl . tJ 0 III ~I< III .' III I 8 , . ." l7 'I": olJ H :r, ~ Z(lIl 00 III 00 E-; W' I!. e ~ "'fi III el ~ .,. ,Q '''Iz I-< I III olJ III H 0 III .,. 0 f><, M ~Z" '" t>: , olJ ~ I-< ~ 'tl r-I-< ~ ~ 0<:- Illr- ..., If) II: Ifi j.1 .. l'l( ~'r 'JI , I ,.., .., '. H:i' ,-,'; '. ,', ~;: ":'} r~: li', (...,. n '\,:\ ,. I,.! '! ).. I u.. "\ r- .1 l. a' I.) ~ 'I \ , /, .. II I ROBER'l' L. THRUSH, PLAIN'l'In' IN 'rHE COUR'l' OF COMMON PLEAS CUMflEllLANll COUN'ry, PENNSYLVANIA v. NO. 94-4566 CIVIL TERM IN DIVOIlC~~ BONNIE M. THRUSH, DEFENDAN'1' PETITION TO STRIKE PLAINTIFF'S PRA~CIPE TO WITHDRAW HIS COMPLAINT AND TO AUTHORIZI DEFENDANT TO FILE A COUNTERCLAIM UNDER SICTION 3301(d) OF THE DIVORCE CODE AND NOW, comes Defendant, Bonnie M. Thrush, by and through her counsel, Edward E. Guido, Esquire and petitions this Honorable Court as followsl . (1) Plaintiff-Respondent instituted the above-captioned action by a Compliant filed on August 15, 1994 alleging irretrievable breakdown under Seotion 3301(c) and indignities under Section 3301(a)(6) of the Divorce Code. (2) By amended Complaint filed on March 20, 1995/ Plaintiff-Respondent filed a claim for equitable distribution of property. (3) On January 27, 1996 Defendant-Petitioner filed a claim for alimony, counsel fees and expenses. On that same date Defendant-Petitioner filed a Motion for Appointment of a Master/ which is attached hereto as Exhibit "A". (4) On February 2/ 1996 the Court appointed the full time SAID IS, GUIDO, Master to conduct proceedings in this matter. SIIUFF & MASLAND (5) The Master directed that pre-trial statements be filed 26 W. Hiah 5''''" Cou1hl.,~^ by March 1, 1996. (6) A pre-trial conference was held on May 30/ 1996 at which time both parties agreed to file Affidavits of Consent under Section 3301(c) prior to the Master's hearing. A copy of SAIDIS, GUIDO, SIIUFF & MASLAND 26 W, 't1~h SIred CAllhl"PA the Master's pre-hoaring conforllnce Memorandum is attachlld hereto as Exhibit "13". (7) A hllaring beforll the Master was schoduled for July 19, 1996 to take tllBtimony on the issull of marital misconduct as it related to Defllndant-Plltitionllr'e claim for alimony, (a) On July 17, 1996 the partills roachlld an "agreemllnt in principle" and requllsted that the Master postpone procoedingB pending execution of the flna 1 Agreoments. (See Exhibit "C"). (9) In August it became apparent that Plaintiff-Respondent had changed his mind. At that time, Defendant-Potitioner requested that the Master reschedule the martial misconduct hearing. (See Exhibit "0"). The Master rescheduled said hearing for November 15/ 1996. (10) Both parties requested a continuance of the Novembllr 15, 1996 hearing in the hope that a settlement could be reached. Said hearing was rescheduled for Monday, December 30, 1996. (11) The Friday befoI'e the scheduled hearing Defendant- Petitioner was advised that plaintiff-Respondent had elected to take an early retirement. (12) Since the equitable distribution to Defendant- Petitioner of her share of Plaintiff-Respondent's pension would more than likely vitiate the need for alimony, the parties agreed to cancel the marital misconduct hearing. The Master scheduled a hearing on the other issues before him for April a, 1997. 2 SAlOIS, GUIDO, SIIU.'F & MASLAND 26 W. 11Ii!> Slml CArlhl., ~A (13) On February LO, 1997, Pltlintiff-llellpondent's counllel filed a Prtleclpfl to Withdraw tllfl divoroe complaint. (Soe !Exhibit liE" attached). (14) The partiflll have been separated lltnce June of 1994. (15) In reliance upon Plaintiff-Rospondent's allllertton that he would file en Affidavit of Consent, Defendant-Petitioner did not file a claim under Sflction 3301(d) of the Divorce Code. (lIi) Dflfendant-Petittoner desires th!a matter to proceed without delay to the hfl6ring scheduled for April B, 1997. WHEREFORIE, Defendant-Petitioner requests this Honorable Court to grant the following reliefl (a) Order that the Praecipe withdrawing the Complaint filed by Plaintiff-Respondent be stricken. (b) Authorize Defendant-Petitioner to file a Counterclaim and Affidavit under Section 3301(d) of the Divorce Code. (c) Direct that the Master proceed with his hearing all scheduled and that he, inter alia, address the iSllue of grounds for divorce under Section 3301 (d) . Date I ,). j,..,; i" Rellpectfully 1l\lbmitted/ SAIDIS, GUIDO, SHUFF,. MASLAND ",//' , ~/: \ Bye --;;;7 Edward IE. Guido, Esquire Supreme Ct. Ln. II 21206 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Petitioner , " 3 I ~ rll~: CllUllT 'll' ':l)HMl)t! l'I.f..~1i IlF (1/o-1l1f.IIJ~Y'lI) 1;l)IIN'I'Y, PI,;,mfi'iI,VMIl^ Illllllnrl.H\1 NO. 4fl811 (!lVll ,., -." ,., <: ..., 'I , - " , '11 ! II' '. '''' IlY ~~'J '!~ , , . . ,.'t.. '.f / ill Fr ~.~ r , - II r'l I",) " -. ...1 L9..i1- ..JWWu:.1.. I. , '1'11I:uu1" I'LllLnoH VB, Unnn in M. 'PIll'nuh~ :-IOTIotI rOil !J'PO nl'rnENT or MJ..5TEJ\ Donnlo M. 'l'hrullll_ OI'1l.l1I~J (Oeiendllnt), m<lves II Quuter with ree~uct tll the fnIl0\lil1~ dllimGI (X) Oivllrcu ( ) ,'u1 nulmon t (X) Alimony ( ) Alimony Pendul1tu Lite the qourt to ij~p<l&nt (X ) ( ) (X ) (X ) Olatribution or Pro~urt' 5uppo rt Couneel rouu Coste IInd f.xpen~oe and In support oi tho motiol1 statesl (1) Diecovory LS complete .le to the dllims(s) Eor 'oIhich the appointment of II Mster Is re~l)ust"d. (2) Tho Plaint III (hae) (HX~~) IIppo4red LI1 (by hia attorney I II,tlLI r 11 (J Thll staturory ground(s) tor divorce (ie) the action (~@IllO>:lllc~ ,f.aqulre) , 11 I j () 1 (,: I ilO)/'l~klOO&X (4) Dolete ~hu LnappLicablu paragraph(a)I <>>.~ X XtlIi(,X lio~X>lIaX ~ lhl>>\l X~ii:l\~ t<.Xl. (lU: X >((>hI( Hlit'~llll ~X~)>( ~~x.}:*i'nX ~~.t\1(..~~X~ li:~l! X (c) Thu ,1ction ia contested \lith respect ~o tho (ollol./ll1g claimslhlill1nny. dl~ilr'ibu(-i()1I ul llJ:onertv. coulluol fl~(~n dod l!XPl.llJtiU:i (5) The actiol1 (ll1volvlla) ~~XIl:<)lX)o(~ complu;t 1esuua or LLW or fact. (6) ( 7) NOI~ Datal Tho hearing Is l!Xl'l!cted to take 1 ~~lil.<'\() (d.lye). Additional 1nfot'lll4tion, if any. rl!14vant to thu mOti,ml 4E3t' I AttOhllllY for ~mi.IU'~ IlclplH!o1nt l':dwilrd [0:. NJ(,HUm't)S GlIid", l':sq. QRDER APPOrNTING ~STER AND NOW ,19 , Is appo1nted lILllatllr with reapl!ct tothe foUolling claima t Esq1l1re. By thl! Court t ---- J ROIJI!lR'l' L. TJlRUBJI, Itf '1'1111: COUR'I' (W COMMON PL~^B OF Phintitt CUMIJERLANP cOllN'I'V / PENNBYLVANIA VS, NO. 94 - 4568 BONNIE H. TJlRUBII/ Defondant IN DIVORC~ RJ;:1 Pre-I/earing conference Memorandum PATEl Thursday, May 30, 1996 Present for the Plaintiff, Robort L. Thrush, was attorney Madelaine N. Qaturin, and prosont for tho Defendant Bonnie H. Thrush, was attornoy Edward E. Guido. A divorce oomplaint was filed on August 15/ 1994/ raising grounds for divorco of irretriovable broakdown of the marriage and indignities. Counsel have advised that the parties will sign and file affidavits of consent prior to the hearing to be held so that the divorce can be concluded undor Section 3301(c) of tho Domestic Rolations Codo. An amended complaint was filed on March 20, 1995/ raising the economic claim of equitable distribution. The Defendant filed on her bohalf on January 29, 1996/ 0 petition raising the economic issues of alimony and counsol foos ond expensos. With respect to the alimony claim, we havo discussed the issue involving the factor of marital misconduct and counsel havo been advised that we will schedule a separate hearing on that factor to allow the parties to present evidence on any claims of misconduct in defense or in purouit of the alimony claim. Counsel arc directed to provide each other with a list of witnesses at least two weeks prior to the hearing to 1.10 scheduled on marital misconduct so counsel are awaro of tho witnooses which 1.10 presenting testimony at that hearing. The parties wore married on November 5/ 1972, and separated on July 12, 1994. They are the natural parents of two children, the older daughter is emancipated, the younger daughtor is going to 1.10 gradu'lting froln high school in June 1996. Currently husband is under an order to pay support for the child monthly in the amount of $478.00 which will terminate upon the child's emancipation and graduation from high ~chool. The husband is also under an order for spousal support in the amount of $422.00 per month. If the younger daughter intends to pursue post-secondary oducation, tho partios and counsel are aware that the husband and wifo will be under no legal obligation to provide ony onaiatanoe although they oan/ by agreement, partioipate in the payment of costs and expenaea for the daughter's oollege eduoation. /lusband is 47 years of age and rea ides in the marital home at 126 South Ridge Road, Boiling springs, Pennaylvania, where he livl3a alono. /Ie is 6 high school graduate and hia counsel is going to determine whether or not he hoa ony additional education beyond high school. /Ie is a supervisor at the NaVal Inventory control Point in Meohaniosburg. /lis biweekly gross income is G2,300.00. Ilia net biweakly income ia $1/561.56. Mr. Guido has requested that he be provided husband/s 1995 inoome tax return. This return will allow wife'u counsel to verify income information and also tax liability. lIusband hos not raised any health issues. Wife is 42 years of age and resides in an apartment at 1462 /lolly Pike, Carlisle, Pennsylvania, with the younger daughter. She is a high school gradUate and is employed at A-1 Vending with an annual grous income of $14,976.00. /ler biweekly net ia $475.26. Wife is also directed to provide a copy of her 1995 income tax roturn to hunband' s counsel. Wife is currantly covered under husband's medical insurance plan and counsel are not certain whether she has a medical plan through her employment which will take effect upon tho divorce. Therefore, oounsel are directed to determine what COBRA benefits will be available to wife upon tho divorco decree and the costs of those benefits. Wife has not raised any health issues. The jointly ownod real estate at 126 South Ridge Road, Boiling Springs. Pennsylvania, has been valued by wife at $175/000.00 and by husband at $170,000.00. The home has been listed for sole with two separate realtors but has not sold. Counaol havo indicated that husbanci'n brother and sister-in-law are interosted in buying the property but before entering into an agreement need to got a variance to put in a beauty salon and also need to sell their present residence. Noither party is adverse to the Buggeotion that the house be sold to husband's brother and sister-in-law and are waiting for the sale to be cleared by the variance and the nill" of the homo that husb;:1I1r.l's brother and uister-in-law have linter.! for salo. The house is subject to a mortgage in favor of Harris and the payoff is around $80,000.00. The mortgage payments are $750.00 per month which do not include taxes and insurance. lIusband has been attempting to make the mortgage payments. The taxes are approximately 2 years in arrears and counael havo agreed that as long as husband has paid the mortgage payments up-to-d;:\te that tho payment of the tax arrean; can be taken out or tho settlement proceeds. Husband is a participant in a pension with tho Federal civil sorvice and wife, in her prior employmont, was a partioipant in a pension with tho P~nnsylvania sohool Employoes' Retiremont System. Noither pension haa yet been valued and counsol tor wife is willing to agree to having a QDRO or an appropriate court order entered to distribute the pensions on a deforred distribution bas is. lIusbilnd, howevor, Beems adverso to a doferred distribution and wants to oonsider an immediato offsot. Theroforo, if an immediate offset distribution is to be considered, the pensions will have to be valued. Counsel will have to determine if it is worthwhile financially to have the pensions valuOlI takin'J into account whether or not lln immediate offset method of distribution is reBsonable under the circumstances of the assets llvailnble for distribution, Tho pre-trial statements list a 1993 Chevy pickup truck which wife has valued currently at $15,200.00. We need to know the balance of the lien on that vehicle at the present time in order to determine wife/s position as tc the equity value. The lien at the time of separation on tho vohicle was $14/477.54. We can utilize a vnIue of the truck at time of separation to holp us arrive at nn equity value. In any evant, the value and the lion need to be consistent, either at time of separation or at time of hearing to compute the equity interest. Also listed on the pre-trial statumont is a 1987 Dodge which tho parties have agreed has no value tor purposes at distribution. The parties have listed various items of household tangiblo pornonal propm"ty and hu,;)'''nd claiJlH; th"t wife took tho property at the time of separation. wHe han Iwu the proporty in her possession appraised by Hay Gottnhall nnd he has ntated a value or $3,064.00 fOl' the itemll in her POllBCl,wlon. lIusl.Jolnd claims that there aro certain itc'l1lG that al'e nol: Listed, howevel', thilt wife took with her including a 1')]4 ~i-piece lJamboo set (table and chairs 7), a binlb"th, and <1 bPllCh. 'l'he itonm in husband/" ponsession havCl been VillllOd by hllBb,~nd 'Ind wife wi.! I accept tho values that he has placed on thana itt'IIHI in his pre-trial <\Lltel1\ent. 1IO',lt'ver, il Illl<\bilnd want" l" have any items 11PPl'i1ined, wHO'll ,Ittorney h,", indicatpd Ulolt. they will provide access for an appr.aisal. Wire clain\<3 th,lt husband IhW not listed on his statement for valuation, power tools and other tools, a Rototiller, and a bench. Wife also soys that there were thrCle refrigerators and two televisions on the premises when the parties separated and huslJand has only accounted for one refrigerator and one television. In addition to wife permitting access for an apprainal, husband will likewise permit access tur an appraiBi11 of item,; th.lt have baL'n idontifiod that have not been appruisod provieu~IY by wiEo. The marital dobt listed on the pre-trial statement owed to Sears, Montgomery/ and Visa shows a date of separation balance and wHe is willing to acoept those numberti. lIusband has been paying those debts since the separation and will be entitled to oonsideration for credit on aocount of paymqnt of marital debt to those creditors. with respeot to the Members First accounts, there was a loan for husband/s vehicle which has already been addressed which will be utilized in the computation of the equity value on the 199] chevy pickup truck. The other loan wife claims had a payoff amount at time of separation of $3/484.60. Wife claims that after the separation husband added a balance to the loan for a personal benefit in the amount of around $3/500.00. With respect to the $3,800.00, counsel havo indioated that it was borrowed around the time of separation and Mr. Guido has requested an explanation as to what the monies were used for in order to determine whether or not any of those funds should be characterized as a marital debt as opposed to husband/s personal obligation. According to the records, a week following the separation another $880.00 was borrowed. with respect to all monies borrowed by husband, wifo has requosted an accounting as to what the monies were utilized for. A hn'H'inCj in ud\l!duled for f'ridilY, July 19/ 1996/ at 9:00 a.m. to take testimony on the factor of marital misconduct as that filcter rolatos to wifo/s alimony claim. After we have cOllcludnd the ho"ril)'J that d"y, we will then sohedule a hearing on the remaining issues including the identification and valuation of assets and the othor factors that relate to equitllble distdhlltion and illimony. ~{ftrfi-' B. Robart Elicker, II Divorce Master oot Madelaine N. Baturin Attorney for plaintiff Edward E. Guido Attorney for Defendant i"i; c:>> '). - 1- " f:; .. '1"i ~lll ,I .~ -. , , ~~' '1" , " . t', I.. ,t~ ,., " ~ ' 01 " fi ,:, ." ) . '1 C '~It t ~~ ' I ~. #, ".J l~.. 1'- '.( " L1.. "~ 13 u u' Ii ~ :i '" ~ ~~E1 i{l~~ J.~ Cl~'" ~~ IE X ~ F:' ~ ~~~p,.E :S 5~~g~ I:.:l ",,"X .. ,..... Q( Q.. rI) .( _ u 8 < CIJ I, .~ It ".rr ~J ~ i I rJ 'I ~ ,F,I/)1 _\,,_ .j'lr' . ., '-,,'- ~ ~u r, Ii" I ~ ~ 17 I" 'I i/,t'II I /. ' , .. , t '" '" , " Cj ...l of, J . ,:i/,Ii? &l , I>Il ~ :a: ... I" III " , I ! ' II , " ~ . , , . , ( II .. '" . ,. ROBERT L, THRUSH/ PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY/ PENNSYLVANIA v. NO, 94-45U6 CIVIL TERM IN DIVORCE BONNIE M. THRUSH, OEFENDANT AND NOW, this ORDIR or M. 18 day of ( - --- ...... _, 1997, upon consideration of the attached Petition, the Rule ~ntored on February 24/ 1997 is made absolute and it is hereby ORDERED and DIRECTED as followSI A. Plaintiff's Praecipe to Withdraw his complaint and subsequent counts is hereby stricken. B. Defendant is authorized to file a Counterclaim and Affidavit under Section 3301(d) of the Divorce Code. C. The Master is directed to proceed with this matter, and in addition to the claims previously submitted to him, he shall address the issue of grounds for divorce under Section 3301(d) of the Divorce Code. COU iTI / / BY THE I " J. I SAIDIS, GUIDO, SIIUFF & MAS LAND 26 W, HI~h ~1I...1 COIIIII.,PA , ROBIRT L. THRUSH, PLAINTIFF IN 'fHI!l COUR'l' Of' COMMON PLEAS CUMBERLAND COUN'l'Y / PENNSYLVANIA v, NO. 94-4586 CIVIL 'I'ERM IN DIVORCE BONNIE M, THRUSH/ DEFENDAN'1' PITITIOM TO MAKI RULI ABBOLUTI AND NOW/ cOlUel! Edward E. Guido, EsquirL!l, attorney for Defendant, Bonnie M. Thrush alld petitions this Honorable Court as follows I (1) On lrebruary 24, 1997 this Honorable Court entered a Rulf;l upon Plaintiff to show cause why certain relief requested by Defendant should not be granted. A copy of the Order entering said Rule is attached hereto as Exhibit "A". (2) The Prothonotary served 8aid Rule upon Plaintiff and his counsel by first class mall on February 24, 1997. (3) To date, no answer has been filed by either plaintiff or his counsel. WHEREFORE, Defendant prays this Honorable Court to make the Rule absolute and _:?(t,-d 17 grant the request for relief of Defendant. Respectfully submitted, SAIDIS, GUIDO, SHUP5 & MASLAND 'Y' -~G:=*-j Edward E. Guido, Esquire Supreme Ct. I.D. It 21206 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Petitioner Datel "",Wll~l'l('II~ ItAIP/li, UlIIOO, lillll" . MAHI.ANll t~ W, IIIllII H""IlIll' l''''II.'~I,Il, I"'NN" 11'"1 "III1NIf,lIl1NH'/II SAIDIS, GUIDO, slIun' & MASLANO 16 W, IlIill Sir"., CIIIlI.I.,1''' ---... '1'IlIHJSII, i>LAIN'I'IFF IN '1'1m COl/ll'l' OF COMMON PLI!:AS Cl/MBEIlLAND COUNTY, PENNSYLVANIA v. NO. 94.4588 CIVIL TERM BONN II!: M, 'l'HRUSII, DEFENDAN'1' IN DIVORCE Wll'.lCE '1'0 'rHJL.Pl,I\IN'l'lf.l.._J~QU.B'L.I' , 'l'I1RUSli If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffLdavit within twenty days after this affidavit has been served on you or the statements will be admitted. DEFENDANT'S COUNTERCL~IM AND AFFIDAVIT UNDI!:R SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on July 12, 1994 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of proparty/ lawyer's fees or expenses if I do not claim them before a divorce is g~anted. 4, I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 10 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date I __J.::..U..:..!J.1..._,__ J 'Y) /) . L);'f\I\J..Jl. )'\,1 ~~ BOnn e M. Thru~-rrefendant , '" ,.:: ~ ", (" " , " ")' J' I' , : , I' , f ) , " , " , I, , " I J JI,' /, I~. I'L' , 't.! I.:j\ C.) VB. I IN THE COUR~ or cOMMON PLEAS or I OUMBERLAND COUNTY, PENNSYLVANIA I I NO. 94 . 4688 CIVIL I I I IN DIVORCE ROBERT L. THRUSH, Plaintiff BONNIE H. THRUSH, DEFENDANT THE MASTER I Today is Tuesday, April 8, 1997, This i. the date set for a Master's hearing in the above captioned divorce proceodings. Present in the hearing room are the Plaintiff, Robert L. Thrush, who is unrepr~sented by counsel. Hi. previous counsel has withdrawn from the case and Mr. Thrush is here today on his own behalf. Also present is Bonnie M. Thrush, the Defendant, and her counsel Edward E. Guido. A divorce complaint was filed on August 15, 1994/ raising grounds for divorce of irretrievable breakdown of the marriage and indignities. After discussion the parties have agreed that they will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce deoree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. An affidavit under Seotion 3301(d) was filed by Mr. Guido averring that the parties have been separated in excess of two years, which is not in dispute, however, the parties have agreed to proceed under the mutual oonsent provisions of the Divorce Code. On March 20/ 1995, an amended complaint was filed raising the economic claim of equitable distribution. sub.equently/ on January 29, 1996, the Detendant tiled a petition raising the economio issues ot alimony and counsel tees and expenses. The parties were married on Novem~er 6/ 1972/ and separated on July 12/ 1994. 'rhey are tho natural parents ot two children, ~oth of whom are emancipated. The Master has ~een advised that after negotiations this morning the parties have come to an agreement with respect to the economic issues that hav~ been raised in the action. The agreement that the parties have reached is going to bo placed on the record in the presence of the parties by Mr. Guido. The agreement as placed on the record will be considered the substantive agreement of the parties and not subject to any ohanges or mOQifications after it is stated on the record except for correction of typographical errors which may be made during the tranecription. The parties are going to return later today, after the agreement has been transcribed, to review the agreement for typographical errors. After any corrections of any typographical errors have been made, the parties are going to affix their signatures by way of affirmation of the terms of the settlement that have been stated on the record at this time. After the agreement has been completed and the affidavits and waivers have been signed, the Master will prepare an order vaoating his appointment and counsel can present a praecipe transmitting the record to the Court requesting a final deer.. in divorce. Included with that request tor the entry at a divorce decree, counsel oan also attaoh any supplementary orders which the Court may need to sign whioh may inolude a Qualitied Domestic relations Order. Mr. Guido. 1. Each party shall be entitled to all personal property currently in his or her possession exoept tor the tollowingl The cutco knives in wifo/s possession shall be delivered to husband. The piano and piano music in husband's possession shall be delivered to wife. The transfer of possession of these items shall be accomplished at the mutual convenience of the parties within 15 days of today's date. All items shall be in the same or similar condition of repair as of the time of the s~paration. 2. The spousal support order entered at DR No. 22880 shall terminate effective April 1/ 1997. Any arrearages existing as of that date shall be paid in accordance with the terms of this agreement as hereinafter set forth. 3. Wife shall be entitled to 35% of husband's pension as a result of his employment with the United states federal government/ wife/s entitlement to be effective April 1, 1997. The parties shall agree to the entry of a Qualified Domestic Relations Order. in substantially the form as attached hereto as Exhibit A. Until such time as the Qualified Domestic Relations Order is in effect and wife begins receiving her share directly from the federal government, husband shall pay wife 35% of the gross amount of any checks he receives for pension benefits due after April 1/ 1997. Each party shall be responsible for the payment of all taxes due on hia or her share of said pension. Husband certifies that he has elected survivor benefits naming wife as beneficiary thereunder. Said survivor benefits shall remain in effect, provided, however, that in the event of husband's death, wife shall pay equally to the parties' surviving ohilrtren a sum equal to the atter taK ditference between the amount she was ~eoeiving or would receive prior to husband's death an~ the amount she reoeives or would reoeive after husband's death. 4. Wife shall transfer her entire right, title, and interest in and to the Chevy truck and canoe in husband/s po...ssion, Husband shall transfer his entire right, title, and interost in and to the 1987 Jetta Volkswagen in the possession of their daughter Jill to Jill, Said transfers shall be aocomplished within 15 days of the date of this agreement. 5. Husband waives any right, title, interest, or claim he has in or to wife/s pension at PSERS. 6, Husband shall be responsible for the following debtsl a) The credit cards to Sears, Montgomery Wards, and VISA. b) Any marital debts to DAFCU (now Members First Federal credit Union). c) The debt owed to the Army War College as a result of their daughter Janelle/s wedding reception. With regard to said debts husband shall hold wife harmless and indemnify her from any and all claims or demands made against her by reason thereof. 7. There is approximately $75,000.00 being held in escrow at Finance Tcust Corporation which represents the proceeds from the sale of the parties' marital residence. Said sum shall be divided as follows: a) The first $1/680.93 shall be distributed to wife. b) The remainder shall be divided equally between the parties, provided, however, that the following sums shall be deducted from husbnnd's sharel i) An amount sufficient to cover any existing arrearages in connection with the Domestic Relations order referred to above. Ii) $3,000.00 of husband's share shall remain in the escrow account to guarantee payment of wife's share of his pension until suoh time as the payments are started by the federal government. At the time wife receives her first check from the federal government, husband shall receive any balance left in the esorow account less any amounts that have not been paid to wife pursuant to Paragraph 3 above. If husband has not paid wife her gross share of his pension by the 10th of each month, Edward E. Guido, escrow agent is entitled to pay wife the sum of $750.00 from said escrow sums to be credited toward any amount due wife by husband. 8. The parties agree that the capital gains realized from the sale of the marital residence in 1996 shall be divided equally between them, with each party claiming his or her share on his or her respective tax returns, 9, Except as otherwise provided herein husband shall not pay to wife or wife to husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. 10. Wife withdraws her claims for alimony and counsel fees and expenses. 11, Each of the parties shall from time to time at the request of the other execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably needed to give full force and effect to the provisions of this agreement. 12. In the event that either party breaches any provisions of this agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney fees, court costs/ and expenses incurred by the other party in enforcing the agreement. 13, In the event that either of the parties shall recover a final judgment or decree of. absolute divorce against the other in a court of competent juriSdiction, the provisions of this agreement may be incorporated by reference in substance but shall not be merged into such judgment or decree and this agreement shall lurvive any auoh tinal judgment or deoree ot abaolute divoroe and shall be entirely independent thereot. 14. Exoept as herein otherwise provided, eaoh party may diapose ot his or her property in any way and eaoh party hereby waives al1d relinquishes any and all rights he or she may now have or hereatter acquire under the preaent or tuture laws of any jurisdiotion to share in the property or the estate ot the other as a result ot the marital relationship including without limitation, statutory allowance, widow's allowanoe, right of intestaoy, right to take against the will of the other, and right to aot as administrator or exeoutor in the other/s estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be neoessary or advisable to carry into effeot this mutual waiver and relinquishment of all such interests, rights, and claims. 15, The parties agree that before distribution of the escrow aooount set forth above, the escrow agent shall write a oheck in the amount of $25.00 to cover the transcription of this agreement. THE MASTER: Mr. Thrush, you/ve been present during the statement of the agreement on the record? MR. THRUSH: Yes. THE MASTER: Do you undarstand the agreement as stated on the record? MR. THRUSH: Yes, I do. THE MASTER: And do you understand that the agreement as stated is the final agreement of all economic claims that have been raised in this action? MR. THRUSH: Yes/ I do. THE MASTER: And do you have any questions about the agreement as stated? IWBEllT L, THRUStI, PLAINTU'" , IN THE COUR'l' OF COMMON PLEAS CUMBERLAND COUNTY/ PENNSYLVANIA v, NO. 94-4560 CIVIL TERM IN DIVORCE aONNIE M, THRUS~laintiff QUALIFIED DOMESTIC RELA~ION5 ORDER AND NOW / this , day of _ ___, 1997, in order to satisfy the requirements of law pertaining to the equitable distribution of certain pension rights or benefits, IT IS HEREBY ORDERED AND DECREED as followsl 1. 'l'hia Order shall apply to any pension plan, retirement plan, or pension benefits acquired by the Plaintiff, Robert L. Thrush, as a result of his employment with the United States pederal Gover.nment. 2. The name of the plan participant in said pension is Robort L. Thrush, and his addro6H, a6 of the date of this Order, is 46 Eastwick Lane, Carlisle, PA 17013. His nocial security number is 206-30-6499. 3. The alternate payee under this Order is Bonnie M. Thrush, whono nddress, os of the dato of this Order, is 1462 Holly Pike, Carlisle, PA 17013. Her social security number is 207-44-5763. 4. The parties were married on November 5, 1972. Robert L. Thrush worked for the United States Federol Government from March 3/ 1972 until his retirement on January 3, 1997. 5. Effective immediately, Robert L. Thrush, plan participant, shall pay to Ronnie M. Thrush, alternate payee I!llroundllr, or OIlUal3 to bl'l paid dlrootly to her by the ontity making ~lIIymunt to him of SUQh bonof lts, hllr mllritlll share of allY diatrlbution from th~ said ponllion or rl3tirement benQfits, calculated in IIccordllnce with tho following formullll Alternate payee'a portion of. pena ion .. Gross monthly retiroment pay x 35\ 6. Plan pllrticipant, I~oburt L. 'l'hrush, shall maintain a uurvival annuity in fllvor of alt~rnato pllyee, Bonnio M, Thrush. 7. Should the pension bl3noHts of the plan participant, Robllrt L. Thrush, be 10llt, forfeited/ or denied him for any reason/ he shall litigate to II reasonllble extent his claim for such pension or retirement benefits so as to preserve them for himself or for the alternate payee, Bonnie M. 'l'hrush. Tho costa of said 1 itiglltion shill! bo borne by tho Plaintiff and Defondant in proportion to their thon respective interestJ.l in said monthly benefits. 6. ~ach party shall be responsible for the payment of all taxes dUB on his or hnr ohare of nald pension. 9. All paymentn to Bonnie M. Thrush shalt be made dlroctly to her un leas the entity making payment to her of such bllnefits shall require the payments to be made to her through the Domestic RelationR Office in which event nit payment shall be made to her through the Cumberland County Domestic Relations Office pursuant to this Order. 10. Both Roburt L. Thruah and Bonnie M. Thrush shall, lit all times in thQ futut'o, fu lly cooperate with each other, their 2 ,--,," ~ '_1-. " .~ , 'I ,It " I . I }I I .' , I' I , I '"7: ,/\ '" V . . 1'" }- d '~ ..... (J " t.) < . ~ l!l \J ~ ...., ,L VI cl 'V - ~, >) . <l . 11. '"7l {J . 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Wu ulllur ... 011 J llU. uru ullcluuinq llur"ln U copy ot tllO l'l'uuclpu to withllruw lUlU lIuW uPfJU,lI',ill<':U wlll<.:1I Wu ,1l'U I' J.lln'J wltll lllu l'rut.lwnotury' u , 11' yuu h,I\IL' \lIlY qUlIlitlollLl WI\LltllollVLlt', 1 lilhlll IlLl p10ljUlld to IHWhil ill 'IllY W,IY I "II It. ll,lu. HmipucL l ull Y I liA'I'UiJf'l, '" 1.lA'I:IIIUl'/ ,1_r~ uy I 11i....)..C 1/ I:> ,../'- M,/I"IJ...ll1u I'l. u.,turin Ml'lt,1/1I ~;IIC lutlLlru c..:: I':dw,inl C:uiol,), l:L''1ulnl ltUIHII l l.. 'l'III'UL.II, 1'1'0 Hu 110BE R'l' 1.., 'l'IHWBH/ I IN 'l'HE COUR'1' or COMMON PLEMl OF Plaintiff I CUMBERLAND COUNTY, PENNHYI.V^NIA I VB. I CIVIL AC'l'ION - LAW I I NO. 456lJ CIVIl 1'/ 94 BONNIJ;: M. 'fHRUBH, I Defend4nt I IN DIVOflCE QRQ!i!Ll\~!?_~9'I' LCJi: ~~'J"I'ING 118AIHNC! 1'0 I RobElrt L, Thrush , PIa in tiff Madelaine N. Ba turin Counsel for Plaintiff , Bonnie M. 'l'hrush , Defendant Edward IE Guido COllnael for Defendant . . , You are directed to appear for a h~aring to take . telltimony on the outstanding issueo in the above captioned divorce procecdings at the Office of the Divorce Mallter, 9 North HarlOver Street Carlisle, Pennsylvania, on the _,_ 19th day of JulY , 19.1..9_, at ~1I00 a .m, at which place llnd time you will be given the opportunity to present witnessea ~nd exhibita in Bupport of your case. By the Court, Ua.._o J \::: L~rold E. Sheely, ,lu<.l\I" Date of Order and Noticel 5/10/Q6 BYI Divorcc Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO Oil ,l'ELEPHoNE THE OFFICE SET FORTH BELOW '1'0 FIND OUT WHERE YOU CAN GET LEGAL HELP, . Court Administrator Fourth Floor, East Wing Cumberland County Courtholl<il! Carlisle, PA 17013 Telephone (717) 240-6200 Testimony will be limited to the issue of marital misconduct as it relates to wife's alimony claim. SAIDIS, (iUIDO, slIun' & MASLANl> l~ w, III ~h S.."" COlII.lo, PA ROBER'f L. THRUSH, PLAIN'flli'li' IN THE COUll'l' OF COMMON PLEAS CUMI:lIr.RI,AND COUN'I'Y, PENNS YLVAN IA v, BONNIE M, THRUSH/ DEFENDAN'r NO. 94-4586 CIVIL TERM IN DIVOHCJ;; fJilAk,.IJU11 I, PROCIDU~-HjJj2RX The parties were married on November 5, 1972, They seperated on July 12, 1994. On Apt'll 15/ 1994, Plaintiff Husband filed this action alleging irretrievable breakdown under Section 3301(c) and indignities under Section 3301(a)(6) of the Divorce Code. On March 20/ 1995, Plaintiff Husband filed a claim for equitable distribution of marital property. On January 29/ 1996/ Defendant Wife filed a claim for alimony, counsel fees and expenses. At the same time, Defendant Wife filed a Motion to appoint the Master, who was subsequently appointed by the Court. On March 17/ 1997, Defendant Wife filed a Counterclaim and Affidavit under Section 3301(d) of the Divorce Code, which was served upon Plaintiff by certified mail, restricted delivery on March 16, 1997. The issues to be decided by the Master include the divorce under Section 3301 (d), equitable distribution of marital property and alimony. The Defendant's claimll for counsel fees and expenses arc withdrawn. II, DIVORCE The parties have lived separate and apart for almost three years. Defendant's Counterclaim and Affidavit under Section SAID IS, (lUIDt);- slIun' & MASI.ANU 26 W, IIIKh SII"<I C"II.I.,I'A 3301(d) have been properly filed and served, Plaintiff has nQt contested the allegations set forth therein, The divorce should be granted. I I J, Gu..IDILI_DU'rIUI11'1.'.I9.HnOr__HA8Il'AJ" uI'80,I8',fJ: Husband Is 46 years old, lie wOl'ked 11 total of 2'1 years and 10 months for the NllvlII Invllntory Control Point In Mechanicsburg. On January 3/ 1997, he IIccepted an incentive for ellrly retirement whIch included, inter III ill, a substantial lump sum severance payment. His salary at the time of retirol11ont was nearly $60/000.00 per year. His monthly net at the time of retirol11ent was $3/641.00. He is seeking or has accepted other employment. Wife is currently employed by PHICO where she has work~d for about 6 months. Her net monthly income is approximately $1,100.00. This is the best job she has ever had. ( a ) A!l.!l.ili The following assets need to be divided by the Masterl Asset ~ossessiQll Value $4,875.00' $15/775.00 $1/679.002 $ _ 0 _3 Various Personalty Husband Chevy Truck Husband Various Personalty Wife 1987 Dodge Wife 'This is the value placed upon the property by Husband in his Inventory and Appraisement which was agreed to by Wife at the pre"trial conference. 2The total value placed upon the property in Wife's possossion by tho appraiser was $3/064.00. However, $1/165.00 of that amount represents non-maritlll property. JThe parties stipulated at the pre-hearing conference that this vehicle had no value. SAIDIS, GlllUU. slIun' & MASLAND 26 W, llI~h S""" CluU.I.:, .)A Jill's Cllr N/A N/A~ ProQeeds from SIILe I!:aorowed $75,531.69a of M4ritel lIome Pillno and Piano lIusb4nd N/A6 Music PSI!:RS PensIon Wifa QOR07 Federe 1 Pans ion Husband QDR08 ( b ) ili.tJJJ.lililJ. 'rhe following liabilities 4re to be 4pportioned by the Master 1 LJ.llbility Cl:'edit Cards Paid By Husband Amount. $3,559.519 $6,784,60 Member's First Husband ~This vehicla waB purchased with joint funds for the parties' daughter, Jill. It has been in [1ar possession at all times since its purchase, even though it is titled in Husband's name. Since he often threatens to take it from her, Wife would propose to have the Muster award this vehicle to the daughter. 5This amount Includes the net proceeds from the sale of the home plus an additional $1,000.00 from a forfeited down payment pursuant to a previous contract, 'I'here is also interest accruing on the escrow account. 6These items in Husband's possesaion have sentimental value to Wife and she wants them returned. 7All of the pension was earned during the marriage. Therefore, a 50/50 division would be approprIate. BHusband has credit for 27 years and 10 months or 334 months. The parties were married and living together a total of 21 years and 8 months or 260 months. On a 50/50 division of the marital portion of the pension, Wife should receive 39% of Husband's monthly pension benefit (260/334 x .5 c 39%). 9This represents the date of separation balance on the Sears/ Montgomery Ward and visa credit cards. This amount was stipulated by the parties at the pre-hearing conference. Husband has paid, or has agreed to pay, these amounts and should be given credit therefore (subject to Wife's contribution as calculated below) . Husband $4/462,00 Member's First- Car Loan In addition to the above, there is the sum of $1,680.93 in delinquent interest which was owed to the mortgage holder and paid from the proceeds of the s61e of the m6rital residence. Wife should be entitled to a credJ.t for this amount and all additional $5,660,00 for the reduced support she recelved from July 12/ 1994 through June 20, 1996.10 (c) Summary 9.1 Asset~iabilities Husband should be required to transfer to Wife the sum of $4,922,49 to equalize the marital division of assets and liabilities (See the Summary attached as rexhibJ.t "A"). Wife should also receive the first $1,660.93 from the escrow funds to offset the delinquent interest charges which Husband should have paid. IV. ALIMONY Wife is currently receiving $1/017.00 per month in spousal support. Her share of HUBband's pension will be approximately $750.00 per month. difference in amounts. Alimony would be appropriate for the V, ~OlfCLUS I.Q.I! SAlDIS,(JUlDO. Defendant Wife respectfully requests that the Master slIun' & MASLAND recommend the entry of the following Orden 26 W, ItIwh S"",' CRlII.I" P^ lOIn August of 1994/ a child and spousal support order waB flntered effective July 12/ 1994. This order was set at $245.00 per month less than the guidelines would have called for on the agreement that Husband would keep the mortgage up to date and pay the marital debts Bet forth herein. (1) Eaoh party shall retain all personalty and vehicles in his or her possession, with the exoeption of the piano ond piano music which shall be delivered by Husband to Wife within thirty (30) days. (2) Wife shall be elltltled to the llntry of a ODRO in connection with Husband's federal pension using the following coverture fractionl 260/364 x 50% = Wife's Share Wife is further entitled to receive her marital share of Husband's pension retroactive to January 3/ 1997. (3) Husband sha 11 be enti tled to the entry of a ODRO granting him 50% of any pension benefits received by Wife from PSERS. (4) Husband shall transfer the title of the car in Jill's possession to Jill. (5) The Farmer's Trust Escrow Account shall be divided as follows I (a) The first $1,680.93 to Wife to offset the delinquent inter'est owed by Husband and paid from the proceeds of the sale of the marital home. (b) The balance to be split 60% to Wife and 40% to Husband. SAlDlS, GUIDO, SHUFF & MASLAND 26 W, JIIsh 5''''1 ClIIll.I"PA (6) The following items shall be deducted and paid fror.1 Husband's share of the Farmer's Trust Account referred to above before distribution to himl (a) An amount equal to the unpaid por.tion of Wife's share of Husband's federal pension at the time of .---A 1 ~~...' t " ,~ '~ . ,. I . ., > , . I \ " , " , J, , ." L 'tf) ;i IiI ',tl ._ .,1 , . I'. ,. :Ij .1') I, fl,t ~I~U J. r, r t. -t, 'f' 'J , , " " t:,'; I " ,. I' .. I '''''T"rI' t ~'Il"~.~"if . ". "...r.."."........ 'I',' I~"'" '1IrI 1U "r. ~'''''''--r'. . - .. r-r:n ? 0 199'/J1-' - I ROlllf.ll'I' I.. 'l'IIIWIlII, 1'1./1 IN'I'1 ~'I" IN '1'/11'; COllll'I' Ill-' COMMON I' I ,I';/lfl Cl/M/lI':llI,I\NIl r:Ol/N'I'Y, PI-:NN~YI.vI\N 11\ v, BONN[t'; M, 'I'll/Willi, D~;l"F;NOM'I' NO. 94"'4~illlJ CIVil, 'I'@M IN IlIVOIlCL;; ORDER OF C~Tl 'NO NO', till, "2_':1 d"V .f._.~:~~.t.;"~,/a& upon conflldor:dtAol~ of thll att;.l!S.hlld I'qtJqoll, fffim,t-8,i-." ~I- V~~ L- ,--~ 1-0" l.'\.NW Q~~: ! [) u" C () 1:1:1'1Wnl- 1\. l'lainti~~ak:l~e~ Withdraw subseql1llnt counta .. her-by strickqn. ~/~.~ B. Defendant re authodzed to file Uu COlllplalnt dnd a CC'llrlterclalrn 1111(~ Affidavit C. under- ~llCtl~~:,~~,(,s/l k.the Pivorce Coda. 'l'hll M/'Istor V~i~cd to pr'oceod Wilh l.Iilll IIItll;tllr/ IInd in addition to tho clnill1lJ pr'llviouuly llublllitted to hilll, ho shall &ddtess the insuo of grounds for divorce under Section 3301(d) of the PivorcM;' ~~ 1'0 ~ J G fi/:. 0 /lPtlolk.JJ, tIh, ~ iJ ,J A-V/'/4, iu-~k ~1UPfJ} ~ ~7u -f.v... t ~ 11 Y '1'1IE CO[JR'1' I '-- - -,,~L__ ----. ~1, .' TRUE COpy FROM RECORD d In Tcet!n\"ny \',h' (, of. Ilwn unlo !itt my hen end Ih~ ~',ul of ~~id CO'III ~' ~drh:lo. Pa, '1'~ This ,:;)4;,(.1. d'IY of _~'.I,&:" 19 ""... ..~~~...t, "D.",..~-{,~~"",,,,,,,,,..~.- ..,..,..."'., .~ " Prothonotary J-:\jl~I" -i ; j I ! I I I i, I, 1\ \ \ " ,\ 1\' ~'~~ lJ " '. t"i ,.......-, ;f I .'\1..... € ..~) . , " . '} I .~ I l ~~I I "-, " I I~j '! .' , .. ~.~ U:l .~I r~~M -g rn::; I-<H r- CU~I-<M tJ"'oV .... ~ g..: M ~ J:l P. W III j.J rz.. p:: oV' I-< 0 . -< ~ tJ ~ ,~ p: H O~' [::zb raiOOlU , ,~ 1'1 ,-.-f r. ,< L" ~ I , , II . \ , << I .. ........ . ~ 1 ~ I:: j ': 1 E 1 e . ...E "fI ~\l 'It .. ~'Il r~ I r~ 'r' ~\l '" .. . ~- ~ _ J...... I I ~ t I \ " " 't ~r.~ }" \ ~f~,J I', 'I~ A I .-., I: ~tt ,\.r ',U:,l, 1f .", '.1' 'V, "'i..o' " I ~, ;; , ',.,1 . I '..1.' '._. ,~... .. \ ~ J ~J t r ~ I Q, . QI , ,~ ~ . ~ m III .. ~t l1J.. ... :l I? ro r~ . .1 H'tJ t U Q III 'fY.': Ilil ~ Ill'r' U~ ~ I... U \t . ~ l7 'I'" III ~ PI ~ t m V) .. II) III I 'll> Dl "" e~ .. f: III I .. or. II-< VI ~l ,; oJ I" or f:1 ,ll ". I ~... 0 I III "'I III ... 0 j'n .. C,l ~1 f><1 ,... ~ ~': ~ '" 0; ~I , '" ~ "" ..,... I-< ;. ~ ,r.-f~ ,. Oi r-- ROBERT L, THRUSII, PLAIN'l'IP'F IN '1'111': COlJR'1' 01" COMMON PLEAt) CUMBEIU,AND COllN'l'Y / P~;NNSYINANIA v, NO, 94-4560 CIVIL TEIlM BONNIE M. THRllSH, DEFENPAN'1' IN DIVORCE PETITION TO STRIKE PLAINTIFF'S PRAECIPE TO WITIIDRAW HIS COMPLAINT AND TO AUTHORIZE DEFENDANT TO FILE A COUNTERCLAIM UNDER SECTION 3301(d) 0.. TilE DIVORCE CODE AND NOW/ cameo Defendant, Bonnie M, Thrush, by and throu9h her counsel, Edward E. Guido, Esquire and petitions this Honorable Court aB folloWSI , (1) plaintiff-Respondent instituted the above-captioned action by a Compliant filed on August 15/ 1994 alleging irretrievable breakdown under Section 3301(c) and indignities under section 3301(a)(6) of the Divorce Code. (2) By amended Complaint filed on March 20, 1995/ Plaintiff-Respondent filed a claim for equitable distribution of property. (3) On January 27, 1996 Defendant-Petitioner filed a claim for alimony / counsel fees and oxpenses, On t.hat same date Defendant-Petitioner filed a Motion for Appointment of a Master/ which is attached hereto as Exhibit "A". (4) On February 2/ 1996 tho Court appointed the full time SAID IS. GUIDO, Master to conduct proccedingo in this matter. slIun' & MASLAND (5) The Mastcr directed that pre-trial statements be filed 2.6W,llllhStrecl CorIlII"P^ by March 1/ 1996. (6) A pre-trial confcrence was held on May 30/ 1996 at which time both parties agroed to file Affidavits of Consent under Section 3301(c) prior to the Master's hearing. A copy of SAIDIS, GUIDO, SllUH & MASI.AND 2~ W, llllh SUUI C..IIII.,~A the Master's pt'e-hearing conferenco Momorandum is attached hereto as !Exhibit "a". (7) A hearing before the Master was scheduled for July 19/ 1996 to take tostimony on the issue of marital misconduct as it related to Dofendar,t.-Petitionor'lJ claim for alimony. (8) On duly 1", 1996 tho partieR reached an "agreement in prinoiple" and requestud that the MaBtor post.pone proceedings pending execution of the final Agreomcntll. (See Exhibit "CD). (9) In August it becamo apparent that Plaintiff-Respondent had changed hiB mind. At that time, Defendant-Petitioner requested thtj,t the Master reBchedule the martial misoonduct hearing. (See Exhibit "0"). 'l'he Master rescheduled Baid hearing for November 15, 1996. (10) Both parties requested a continuance of the November 15, 1996 hearing in the hope that a settlement could be reached. Said hearing was rescheduled for Monday, December 30, 1996. (11) 'rhe Friday before the scheduled hearing Defendant- Petitioner was advised that Plaintiff-Ilespondent had elected to take an early retirement. (12) Since the equitable distribution to Defendant- Petitioner of her share of Plaintiff-Respondent's pension would more than likely vitiate the need for alimony, the parties agreed to cancel the marital misconduct hearing. The Master scheduled a hearing on the other issues before him for April 8/ 1997. 2 SAlOIS, GUIDO, SIIUFF & MASLAND 16 W, HI'" Slntl Corlllle,PA (13) On l;'obrullry 10, 1997, 1'1Ilint.iff-Rospondont'B counsel filed Ii praecipe t.o Withdraw the divorce Complaint, (50e Exhibit "E" attached). (14) The partieD have boen separated since June of 1994. (15) In rellallco upon 1'1aintiff.-I~of.lpondent'B assertion that he would file an Affidovit of Conoent, Dofendant-Pet.itioner did not file a claim under Section 3301(d) of. tho Divorce Code. (16) Defend/lilt-Petitioner doniros this matt.er to proceed without delay to tho hearing scheduled for April 6, 1997. WHEREFOIlE, Defendant-Petitioner requests this Honorable Court to grant the following reliefl (a) Order that the Praecipe withdrawing the Complaint filed by Plaintiff-Ilespondont be stricken. (b) Authorize Defendant-Petitioner t.o file a Counterclaim and Affidavit under Section 3301 (d) of the Divorce Code. (c) Direct t.hat the Master proceed with his hearing as schedulod and that he, inter alia, address the issue of grounds for divorce under Section 3301(d). Datet .)/1,110 Respectfully submitted, ,^IOrs:.:~:s:';r' , MAS LAN" Byt ~t \ Edward E. Guido, Esquire Supreme Ct. I.D. * 21206 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Potitioner 3 (;oj 1'11~: COUIlT Ill' I;O/'iMllN n~;Mi l)~' CI/1'1I1~:ltJ.\Hll CllIJtI'I'Y. I'f:i'lN6YI.VMItA (-. I." ') -lUJlulI'l L. '1IhrUH!l, ': ", '. " -; , " ~ "", . , ", Ill~ P1allltH( <,.:) '!~ 1.,\ . , \16. ; ~'r , , ! ~r':1 - 'jf . I.., .. I, nnnnt" M. Th~URh. " (.'1 (,) , ....1 .1 -, Po (Illldil /) l NO. 4588 Ci\lil 19 94 Donnio M. 1'hruBIt a 1llA6ter with re6puct to thu (X) OiV<lI'CU ( ) ,U1nulmllnt (X) ,Uimonv ( ) Alimony Pendelltu XOl'ION FO/\ A.PPO INT:mIT OF HA.5TER WiUf~J (Oetendant), f 0 110\Ji1l8 d4iJllllI moVu5 the court to appoint Lite (X ) ( ) (X ) (X ) Ol5trib<ltion of Propurt" Suppo rt Coull6ul reuB Costn .md Wcpun5u5 and in support ot the motiou 5tateBl (1) Oillcovery Is complete a6 to the daim6 (s) for which the appointml!11t of a Dl46ter 1.6 requested. (2) The Plaintiff (has) (lUl~~) appllared In tho action (P(~>:llj(~ (by his attorney, t:ludelall1<l N. Ilallldn ,Esquire). (3) Tht! staturory ground(s) tor divorce (Ls)~ .1301 (el (4) Olllllte the ilUlpplicable paragraph(5) I (li.~ X xPll~Xll~~X~lIJl1,liXMi'i:~~/.<cl(I. (l!i~ X lWbI( llij~lI~ ~Xli~bqlli'qh~li><'):timX ~li~.I\)\X~IO':~l\ X OOlll~ lflU(tiX (c) The actioll is conte6ted \JHh respect to the follo\Jlng Clll1.JnS:.^1 ill1nny. di'l! t'ihut ion 01 Ill'olll'!rtv. COlIIHiU] foou Illld l)XPCIHHHi __.______. (5) Thl.! .1ction (involvI!B) Ji(4tl<llllXM~DU(t(~ cOOlI'I'J:' laGUllB 0' 1..\J or fact. (6) (7) NOI~ Datet 111l! hearing Is expected to taka Additional t.nfat1Il4tion, if .:my. 1 rnlnvant to ~~- <:::' QlJlI,IH(~) (dill";)' thl! motion: AND NOW i. appointed ma.ter With AttornllY for Edw<I t:d f:. ORDER APPOINTING ~TER ,19_, rllspect to the following claimst I ( mrnxt\~ WIll( li 1i<Ki'h'tll l)ctQI1<1,1nt GUill", 1':1>'1. Esqut.rc, By the COllrt I .I VII, IN 'l'IIE COUR'I' of COHMON 1'J"l':AS Of' CUHBERJ"AND COUN'I'Y, PF.NNBY1NANIA NO. 94 - 4588 1l0BBR'l' J.;. 'l'llRUBlf, llhlntlrt BONNIE: M, TlIRUBII, Defendant REI IN DIVORCE Pre-lIoaring confo1'onco Momorandum DATEI Thuraday, May 30/ 1996 Pl'osent for the l'laintlff, P,obort J". 'l'hruah, was attorney Madolaine N. uaturin, and prosent for the Defendant Bonnle M. Thruah/ was attorney Edward E. Guido. A divorce complalnt was filod on August 15, 1994, railling grounda for divorce of irretrievable breakdown of the marriage and indignities. counaul havo advilled that the parties will lIign and file affidavits of consent prior to the hearing to be held so that the divoroe clln be concludlld under section 3301(c) of the Domestic Relations Code. ^n amended complaint waa filed on Karch 20/ 1995/ raising the economic claim of equitable distribution. The Defendant filed on her behalf on January 29, 1996, a petition raising the economic issues of alimony and counsel fees and expenses. with respect to the alimony claim, We have discussed the issue involving the factor of marital misconduct and counsral have been advised that we will sohedule a separate hearing on that factor to allow the parties to present evidence on any claims of misoonduct in defense or in pUl:'suit of tho alimony claim. counsel are directed to provide each other with a list of witnesses at least two weeks prior to the hearing to bo scheduled on Inarital misconduct BO counsel arc aware of tho witnesses which be presonting testimony at that hearing. The parties were married on November 5, 1972, and separated on July 12, 1994. They ara the natural parents of two children, the older daughter is emancipated, the younger daughter in going to bo graduating frOl1l high school in June 1996. Currontly husband is under all order to pay GUppOl."t for the child monthly in the amount of $470.00 which will terminate upon the child's emancipation and graduation from high school. The husband is also under an order for apousal support in the amount of $422.00 per month. If the younger daughter intends to pursue post-aecondary education, the parties and counsel are aware that the husband and wife will be under no legal obligation to provide any nuuintance althouqh they can, by nqreement/ partioipate in the payment of ooatn and Q)(punuou for the daughtor'a colloqe oducation, /luulll1nd is 47 yoaru of ago /,Ind roa idaa in the marital home at 126 South Ridgo Road, Doiling springs, Pennsylvania, where he livea alono. lie is a high school graduato and his counaol is qoinq to determine whethor or not ho has any additional oducation beyond high eohool. 110 is 1'1 suporvisor at tho Naval Inventory Control Point in Meohaniosburg. /lis biweeklY gross income is $2,300.00. /lis net biweekly income ie $1,561.56. Mr. ouido hoe requested that he be provided husband/s 1995 income tax return. 'i'hin return will allow wife/u counsel to verify income information and also tax liability. /lusband has not rol.aed any health issuea. Wife ia 42 yoora of age snd reoidoa in on apartment at 1462 /lolly Pike, carliSle, Pennaylvania, with the younger daughter. she io a high school graduate and is employed at A-I Vending with an annual 9r06s income of $14/976.00. /ler biweekly net in $475.26. Wife is also directed to provide a copy of hur 1995 inoome tax return to husband/u counsel. Wife is currently oovered under husband/s medical innuronce plan and counsel are not oertain whether she has a medical plan through her employment which will take effect upon the divorce. Therefore, oounsel are directed to determine what COBRA benefits will be available to wife upon the divorce decree and the coats of those benefits. Wife has not raised any health isauee. The jointly owned real estate at 126 South Ridge Road, Doiling springn, Ponnsylvnnla, has ber'll v..llued by wire at $175,000.00 and by hll,;band at. $1'10,000.00. 'I'h" home han b""1l listed for sale with two separate l'en 1 tor/J lJut has not sold. Counnol have indic,ICI'd that hllnhollld'n brothol' iI/Hi Giuter-in-law are intor<mtod in lJlIyillg the pr"Ol1l'rty lJut lJo!oro entering illto an agreemellt neod to gL.t a variance; to put in il lJeauty salon and also neod to sell their present reRidence. Neithor party i8 adverse to the uuggontlan that the hauao be Rold to husband'R brother and uister-in-law and are waiting for t.ho sale to be cloarod by tho va r [;111"" and the ,,;11,' of the hOI\'" that hunb.lnd' G brothor ilnd sister-in-law havo llnto(j (or /Jillo. The house is subjoct to a mortgage in favor of Harris and the payoff is around $80,000.00. The mortgago payments are $750.00 per month which do not include taxes and insurance. Huaband has been attempting to make the mortgage paymenta. The taxes are approximately 2 years in arrears and counsel have agroed that as long an husband has paid the mortgage paymonts up-ta-date that tho paymont of tho tax arrOdrs aan be taken out of the lIottlomnnt prooeedu. lIusbllnd in 11 portiuipnnt in a penllion with tho Fod~ral civil sorvioo and wife, in hor prior employmont/ was a portioipant in a penaion with the l'ennaylvanill Sohool Employooll' "otiromont system. Neither pons ion haa yet beon valued and oounsel for wife is willing to nqreu to having a QDRO or an appropriate oourt order untered to distribute the pensions on 0 dOferred distribution bOllia. lIullbnnd, howover, seems adverae to a deferred distribution MId wanta to conaider all immediato offset. Therefore, if an immediato offaut diutribution ia to be considered, the penalona will hAve to be valued. counscl will havo to determine if it ia worthwld le financlolly to have tho pensions vuluod tAking into Account whothor or not on immediate offset method of distribution ia reasonablu undor the oircumstancos of tho nssets nvailnble for distributicn. Tho pre-trial stntements list a 1993 chovy pickup truck which wife has valued currently at $15,200.00. Wo noed to know the balance of tho lien on thnt vohicle at the presont timo in order to determine wife/s position as to the equity value. The lien at tho timo of Beparntion on tho vehicle was $14/477.54. We can utilize a value of the truck at timo of separation to holp us arrive at an equity value. In any evont, the value and the lion noed to bo consistent, either nt time of separation or at timo of hearing to compute the equity interest. Also listod on the pre-trial statemont is n 19B7 Dodge which the parties have agreed has no valuo lor purposes of distribution. The parties have listed vnrious items of household tangible parnonal prop"I'ty ,1no hll:;lJ:llld "].lil11,; thelt wlfa took th,' property at thr> tillle of <\"[>,1I'iltion, l'lilt' h,w hild th<' proporty in her possession apprah;od by Hay Gottllhall alld he hilS stated iI valuo of $3,064.00 fOl' tll" itomu ill 1\<>1' [>OlHwsuion. lI11nband claims that I:hel'o nre cQI'lilin itl'mu th:.t '11'0 not liutod, however, that wife took with hal' inc)lIdill'l iI 1934 !i-piece bamboo set (table and chall's 7), ,1 binlhath, and a bellch. '1'ho items in husband/n pansossion havo:> boen v,11uo:>d hy hunhand ane! wife wi 11 accept the values that he has placed on those items in his pI'e-trial :;till<Jl11ent. llo'dr>VOI', il hll::lh'lld wilntl: to hilvo <lny itonls appI'aisud, wife'lI ilttornoy lIiI': indicat.ed t.hilt they will provide acceso fat' <In <lppnlisal. Wite claims that husband has not listod on his statomont for valuation, power tools and other tools, a Rototiller, and a bench. Wife also says that there were three refrigerators and two televisions on the premises when tho parties separnted and husband has only accounted for one refrigerator and one television. In addition to wifo pormi tt ing acceas for an appl'a iSiI 1, hUllhand wi 11. likewise perm i t access for an appraisal of items thilL have been identified thilt have not boon oppt'ilillu<l pruviolluly by witll, 'I'ho 101Ir! tal dllbt 11atod on tho pro-tr ia 1 atlltemont owed to Seara, MontqolOory, and Visa shows a dato ot soparation balan~'o and wifo ia w 1111n'J to nooept thoso numbers. lIuaband has beon paying thoao dohta uinoo the aeparation and will be entitled to oonsidoration tor orodit on aooount of pAyment of marital debt to thoso uroditora. with respoct to tho Mombers First aocounts, thot.o Wila a lonn for husband's vohiclo whioh haa already been addroaaod whioh will bo utilized in the oomputation of the oquity valuo on tho 1993 chovy pickup truck. The othor loan wife claims hod a payoff nmount at time of seporntion of $3,484.60. Wifo ClllillHl thot a(t'H' tho 1I0pnratlon hUBPond nddnd Ii balance to tho lO,ln (or il punlonill honofit in tho 1I1l10Ullt of around $3,500.00. With rllspoct to the $3,500.00, counBol havo indioatod that it wno borrowod nround tho time of soparation and Mr. Guido has requosted an oxplanation aB to what tho monios were usod for in ardor to dotormino whothor or not any of those funds should bo characterizod ns a marital dobt as opposed to husband's personal obligation, According to the records, a wook following tho soparat ion anothor $880.00 was bor.rowed, With respect to all monios borrowod hy hllsbnnd, wifo has roquollted an accounting as to what tho mOllinn woro utill7.od for. A hOiu'in'J ill sch",Jlllud for Friday, July 1'J, I'J')(" at 9:00 a.m. to tnko teutlll1tlny on tho factor of marit.al misconduct as thnt (actor relnteu t.o wifo/u nlimony claim. After WQ have con,;llldod tho he',lrill'J thot d,IY, wo will thu" schedule a hoaring on tho romaining isaues inclUding the identification and vllluation of nssots and the othor factors that relllto to Qqlllt.able dlntTliJllt ion and .lllmony. ,r. /Wl" t-:. Ilohort Ell ek,n' I II Divor.ce Mastor oe: Madelaino N, Uaturin Attorney I'llI' PlninUrr Edward E. ';lIi<lo Attorney tor Defendant ROBl1IRT L. THRUSH, I IN THLl: COUR'l' OF COMMON PLEAS PlaintUf I CUMBERLAND COUN'l'Y, PENNSYLVANIA I vs. I NO. 94-451lB CIVIL 'l'ERM r I CIVIL ^C'I'ION - LAW aONNIl1I M. 'rHRUSH/ I IN PIVOHCE Defendant I f.LAIH'l'I.f:F!:UJIDt-:'1'JUAlL~'rA'1'.BHJ!l.lf'l I . ASSE'l'S A. MaJ:'1tal ASSE'l' YALll.l3 DATE OF VALUATION NON-MARITAL LtBNS OR POR'rIOlf ENCUMBRANCBS Please see Inventory and Appraisement filed March 1/ 1996. B. Non-Marital Mmr.r VALUE DATE OF VALUATION NON-MARITAL LIENS OR l'Om:l.oH JOOnlMBRANCES Please see Inventory and Appraisement filed March I, 1996. II. EXPERT WITNESSES No expert witnesses expected to be called at this time. III. NON-EXPERT WITNESSES * A) Plaintiff - Hobert Thrush B) Jill Thrush C) Janelle Thrush ~i i ~ m .... t! ~ m ~ ~ iJ ~ ~ ~ ~ ] ~ i~~ ~ e oc ~ ! ~ ',!!! ~ 'M ~~ '8 ~ S:i!E u I> ~ co !J Z III iii ~i~ ~ ~ .J Ul :s ii: ~ ~ :I: I ~ ~ ~ ~ ~ ~ a.. 'M ! ~ .0 111 ;: ~ :i~ It It <C :J: , " . ., R08~RT L. THRUSH, Plaintiff VB. IN THE COU"T OF COMMON PLEAS OF CUMBERLAND COUNTY/ PENNSYLVANIA NO. 94 - 4588 BONNIE H. THRUBH, Defendant IN DIVORCE REI Pre-Hearing Conference Memorandum DATEI Thursday, May 30/ 1996 Present. for the Plaintiff, Robert L. Thrush, was attorney Madelaine N. Baturin, and present for the Oefendant Bonnie M. Thrush, was attorney Edward E. Guido. A divorce complaint was filed on August 15/ 1994, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. Counsel have advised that the parties will sign and file affidavits of consent prior to the hearing to he held so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. An omended complaint was filed on March 20/ 1995/ raising the economic claim of equitable distribution. The Oefendant filed on her behalf on January 29/ 1996, a petition raising the economic issues of alimony and counsel fees and expenses. With respect to the alimony claim, we have discussed the issue involving the factor of marital misconduct and counsel have buen advised that we will schedUle 8 separate hearing on that factor to allow the parties to present evidence on any claims of misconduct in defense or in pursuit of the alimony claim. Counsel are directed to provide each other with a list of witnesses at least two woeks prior to the hearing to be scheduled on marital misconduct so counsel are aware of the witnosses which be presenting testimony at that hearing. The parties were married on November u, 1972, and separated on July 12/ 1994. They are the natural parents of two children, the older daughter is emancipated, the younger daughter is going to be graduating from high school in June 1996. currently husband is under an order to pay support for the child monthly in the amount of $478.00 which will terminate upon the child's emancipation and graduation from high school. The husband is also under an order for spousal support in the amount of $422.00 per month. If the younger daughter intends to pursue post-secondary education, the parties and counsel are aware that the husband and wife will be under no legal obligation to provj~. any aBsistanoe although they oan, by agreement/ porticlpote in the payment of oosts and eKpenses for the daughter's oollege educ~tion. Husband is 47 years of age and resides in the marital home at 126 South Ridge Road, Boiling springs, P8nnlylvania, where he lives alone. He is a high school graduato and his counsel is going to determine whether or not he hal any additional education beyond high school. He is a supervisor at the Naval Inventory control Point in Meohaniosburg. His biweekly gross inoome is $2/300.00. His net biweekly inoome is $1/561.56. Mr. Guido has requestod that he be provided husband/s 1995 inoome tax return. 'rhis return will allow wife's counsel to verify inoome information and also tax liability. Husband ha~ not raised any health issues. Wife is 42 years of age and resides in an apartment at 1462 Holly Pike, carlisle, Pennsylvania, with the younger daughter. She is a high school graduate find is employed at A-1 Vonding with an annual gross income of $14/976.00. lIer biweekly net is $475.26. Wife is also directed to provide a copy of her 1995 income tax return to husband/s counsel. Wife is ourrently covered under husband/s medical insurance plan and counsel are not oertain whether she has a medical plan through her employment which will take effect upon the divorce. Therefore, counsel are directed to determine what COBRA benefits will be available to wife upon the divorce decree and the costs of those benefits. Wife has not raised any health issues. The jointly owned real estate at 126 South Ridge Road, Boiling springs, Pennsylvania, has been valued by wife at $175,000.00 and by husband at $170/000.00. The home has been list~d for sale with two separate realtors but has not sold. Counsel have indicated that husband/s brother and sister-in-law are interested in buying the property but before entering into an agreement need to get a variance to put in a beauty salon and also need to sell their present residence. Neither party is adverse to the suggestion that the house be sold to husband's brother and sister-in-law and are waiting for the sale to be oleared by the variance and the sale of the home that husband's brother and sister-in-law have listed for sale. The house is subject to a mortgage in favor of Harris and the payoff is around $80,000.00. The mortgage payments are $750.00 per month which do not include taxes and insurance. Husband has been attempting to make the mortgage payments. The taxes are approximately 2 years in arrears and oounsel have agreed that as long as husband has paid the mortgage payments up-to-date that the payment of the tax arrears can be taken out of the settlement proceeds. Husband is a partioipant in a pension with the Federal civil servioe and wife, in her prior employment, was a participant in a pension with the Pennsylvania School Employees' Retirement system. Neither pension h~s yet been valued and counsel for wife is willing to agree to having a QO~O or an appropriate court order entered to distribute the pensions on a deferred distribution basis. Husband, however, seems adverse to a deferred distribution and wants to consider an immediate offset. Therefore, if an immediate offset distribution is to be oonsidered, the pensions will have to be valued. Counsel will have to determine if it i3 worthwhile financially to have the pensions valued taking into account whether or not an immediat~ offset method of distribution is reasonable under the circumstances of the assets available for distribution. The pre-trial statements list a 1993 Chevy pickup truck which wife has valued currently at $15,200.00. We need to know the balance of the lien on that vehicle at the present time in order to det~rmine wife's position as to the equity value. The lien at the time of separation on the vehicle was $14/477.54. We can utilize a value of the truck at time of separation to help us arrive at an equity value. In any event/ the value and the lien need to be consistent, either at time of separation or at time of hearing to compute the equity interest. Also listed on the pre-trial statement is a 19B7 Dodgo which the parties have agreed has no value for purposes of distribution. The parties have listed various items of household tangible personal property and husband claims that wife took the property at the time of separation. Wife has had the property in her possessi.on apptaised by Roy Gottshall and l1e has fltated a value of $3/064.00 for the items in her possession. Husband claims that there are certain items that are not listed, however, that wife took with her inclUding a 1934 5-piece bamboo set (table and chairs 7) / a birdbath, and a bench. The items in husband's possession have been valued by husband and wife will accept the values that he has placed on those items in his pre-trial statement. However, if husband wants to have any items appraised, wife's attorney has indicated that they will provide access for an appraisal. Wife claims that husband has not listed on his statement for valuation, power tools and other tools, a ~ototiller, and a bench. Wife also says that there were three refrigerators and two televisions on the premises when the parties separated and husband has only accounted for one refrigorator and one television. In addition to wife permitting access for an appraisal, husband will likewise permit access for an appraisal of items that have been identified that havI not bien appraised previously by wife, The marital debt listed on the pre-trial Itatemlnt oWld to Sear./ Montgomery/ and Visa shows a date of *eparation balanel and wife is willing to aooept those numbers. Husband has bien paying those debts since the separation and will be entitlld to oonsideration for oredit on aooount of payment of marital debt to those creditors. with respect to the Members First aocounts, there Wa~ a loan for husband's vehicle which has already been addressed whioh will b. utilized in the computation of thl equity value on the 1993 Chevy piokup truok. The other loan wife claims had a payoff amount at time of separation of $~/484.60. Wife claims that after the separation husband added a balance to the loan for a personal benefit in the amount of around $3/500.00. With respect to the $3,500.00/ counsel have indicated that it was borrowed around the time of separation and Mr. Guido has requested an explanation as to what the monies were used for in order to determine whether or not any of those funds should be characterized as a marital debt os opposed to husband's personal obligation. According to the records, a week fOllowing the separation another $880.00 was borrowed. with respeot to all monies borrowed by husband, wife has requested an acoounting as to what the monies were utili~ed for. A hearing is scheduled for Friday, July 19/ 1996/ at 9100 a.m. to take testimony on the factor of marital misoonduct as that factor relates to wife's alimony claim. After we have concluded the hearing that day, we will then schedule a hearing on the remaining issues inclUding the identification and valuation of assets and the other factors that relate to equitable distribution and alimony. E. Robert Elioker, II Divorce Master COl Madelaine N. Baturin Attorney for Plaintiff Edward E. Guido Attorney for Defendant IKlllJ!;WI' J.,. 'l'HllUBH, I IN 'I'HE COUR'I' 01" COMMoN I'I./{,:, ' I Plaintiff 1 CUMBmRJ.,ANP COUNTY, 1'~:NtH;',' 1,'.'/,1,' . 1 VIO. I CIVIJ., AC'I'ION - I.AW 1 I NO. 4566 CIVIL I" 'l.I 130NNIli: M. 'rHRUSH, 1 PlIfendllrlt 1 IN PIVOHCIi: Olilllm ANP NO'l'ICll 8E'1"HNG lI11llitlE Tot Robert L. 'l'hrush , Plaintiff Mtldlllaine N. llllturin , CQunsul for Plaintitl Bonnie M. 'l'hruLlh , POlfoJldaJlt Edward Ii: Guido COUJlllol for DofoJldanl . . , You are directed to appear for a he~ring to take . t<latimony on the outsl:anding illoues in the above caption,'d dlvorce proceedings lit the Office of the Pivorce MiJllt(jr, ',r:.!,;, Hanover Street Carlisle, PennsyJ.vania, on the _-l.5..t.h" day of November 19;1-.2..., at 9100 !L.m, at which plac" dll.1 t line you will be given the opportunity to present witno!!S6',!I' "I", uxhibitll in support of your cose, By the Court, ~a-~~J \5 Harold E. Sheely, PreBle! -II ','1" Dote of Order and Notic,lIl 6/29/96 BYI Divorce Master If' YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO 0,; T81,EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOI! CAN GET LEGAL HELP. . Cour.t Adminiotrator Fourth Floor, East Wing Cumberland County COLlrtl,. ,; Carlisle, PA 1'1013 Telephone (717) 240-620i; Testimony will be limited to the issue of mari tal mi:';<:'>I.'I,,' ! dS it relates to wife's alimony claim. 1l0BIW'I' I.. 'l'III11JHII, I 1 N '1'111\ COU Il'l' 01" COMMON 1'1.1':Mi 01' Plaintiff I CUMIlIWI,AND COUNTY, I'ENNHYLVANIA I va. I CIVtI. AC'I'ION - I.AW I 'H -451111 I NO, C1V II. 19 BONNIIE M. 'l'fIIlUl:1H, I Pefendant I IN 1l1VOllCE 1lF.8CHF.PULIW IIF.AIl1NG ORDBR_~~O ~OTl~.!H~'l'TlNO IIBARINq TOI Robert L. 'l'h~uah Madelaine N. Ilatu~in Bonnie M. 'l'hruBh Edwa rd E. Gu ido , Plaintiff , Counsel for Plnintifr , Defendant , Counllel for Defendant You are directod to appear fo~ II hea~in9 to take test imony* on the outatandin9 isslles in the above captioned divorce procoedings at the Office of the Divorce MaBter, 9 North Hanover Street CII~lisle, Pennsyl.vania, on the _~-9~_. day of _-,?ecem.ber .' lIJ9..~' at --2..!.OO __~..m, at which pl.ace IInd tim' you will. be given the oppo~tunity to p~e6ent witneases and exhibito in aupport of your caae. By the court, U~ \=:::. ~~rold E. Sheely, .llld9~ Pate or Order and NotiGel 10/31/96 By I i:iivo~ce Maste~ IF YOU PO NOT HAVE A LAWYER OR CANNO~' AFForlD ONE, GO TO OR TELEPHONE THE OFFICE SE'I' FORTH BELOW TO FINO OUT WHERF. YOU CAN GET LEGAL HELP. Cou~t Administroto~ Fourth Floor, Eost Wing Cumbe~land County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 * Testimony will be limited to the issue of ma~ital misconduct liS it relates to wife'a alimony claim. SAlOIS, (lUIUO, sllun' lit MASI.ANI) 2~ w. IlIih Sit"" CIIIIl.II:, PA G, Plaintiff rese~ves the right to supplement this l111t of exhibits at a later time prior to the hearing, V. In!zgmt A. Defendant is currently employed lit A-I Vending at an annual salary of $14/976,00. Her inoome and expense statement is attached herllto as ~~xhibit "A". In addition, she is recaiving spouaal support and child aupport from the Plaintiff in the amount of $900 per month allocnted $478 as child support and $422 as spousal support, A copy of the most recent court orders are attached hereto as Exhibit "B". B, Plaintiff is employed by the federal government where he has worked for approximately 24 yeara. He ea~na approximately $58,000,00 per year, Current wage and expense information needs to be supplied by Plaintiff. VI . Ingome_M!LEJu:!~se statell\.t!rt Defendant's lncome and expense statement in attached hereto as Exhibit "A". Defendant need this updated information f~om Plaintiff. VII. penlSion Defendant had a small pension with the Pennsylvania School Employee Retirement System at the time of separation, Plaintiff had a vested pension with the federal government. Up to date informatlon and statements in connection therewith need to be supplied by Plaintiff. 3 SAIDIS, GUIDO, SHUFF & MASLAND 26 W. filth Slre<1 (MIIII"VA Pltlintiff waa hired by the fljdera) government ahortly bcfor", the plu.tiea marriag"'. 'rhe parties were married on November 5/ 1972, Any portion of the pension accrued between the date of marriage and the dat", of separation on July 12/ 1994 is marl.tal property, Defendant would requeat the entry of a aORO awarding her a shar", of aaId pensl.on, If this ia not agreeable to Plaintiff, an appraisal of the penaion will have to be obtained. VI I I. Q,Q.YJ1HLle.!..!l If sufficient current assets are not awarded to Defendant, she will be requellting payment of couns",l fees and expensea by Plaintiff. 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LlY '1'111'; COli 11'1' , 01101' XCI I.oeil\d" E, Sho.lff,,1' I'l.. till I II h II", Olldlll\l ll,d" Shlil',h.ll'l, f:H'Iu1I'o for MiHh.l.lllltJ H.II urlll. }';nquiru pltf. for d,,(t, '1 I "j J. /11 ,. j I ..c.. a:;,/<..______.__q vw/(.\WO~I" ,L., .J. Illte) IJ'11 '\ ROB~RT ~. THRUSH, P~~INTIFl" IN THa COURT Ol" COMMON PLEAS CUMBBRLAND COUNTY, PBNN8YLVANr~ v. BONNIE M. THRUSH, DEl"BNDAN~' NO, 94-4588 CIVIL TERM IN DIVORCE QUALIFIBD DOMESTIC RBLATIONS ORDER AND NOW, this l? day of , 1998, in order to satisfy the requ1r.emsnts of law and lations of the United States Office of Personnel Management pertaining to the equitable dist~ibution of certain federal retirement benefits or rights, IT IS HEREBY ORDERED AND DECREED as followsl 1. This Order ahllll apply to any federal retirement benefits concerning CSRS or FERS benefits governed under Part B3B of Title 5, Code of Federal Regulations, which may be acquired by Plaintiff Robert L. Thrush as a result of his employment with the United States Federal Government, 2, The name of the plan participant in the CSRS or the FERS federal retirement benefit plan ia Robert L, Thrush, and his address, as of the date of this order, is 1009 Rockledge Drive, Carlisle, PA 17013. His social security number is 206-38-B499. 3. The alternate payee under this Order is Bonnie M, Thrush, whose address, as of the date of this Order, is 1462 Holly Pike, Carlisle, PA 17013, Her social security number is 207-44-5763. 4, The parties were married on November 5, 1972. Robert L. Thrush worked for the United States Federal Government from March 3, 1972 until his retirement on January 3, 1997, 5. EffeotlvfJ immediately, Robert L, Thrush, CSRS or FERS plan partioipant governed by Section 838 of Title 5, shall pay to Bonnie M. Thrush, alternate payee hereunder, or cause to be paid directly to her by the entity maldng payment to him of such benefits, her marital ahare of any distribution from the Baid pension or retirfJment benefits, calculated in accordance with the following formulaJ Alternate payee's portion of pension ~ Gross monthly retirement pay x 35% 6. Plan participant, Robert L. 'l'hrush, shall maintain a survival annuity in favor of alternate payee/ Bonnie M. ThrUsh. 7. Should the pension benefits of the plan participant, Robert L. Thrush, be lost, forfeited, or denied him for any reason, he shall litigate to a reasonable extent his claim for such pension or retirement benefits so as to preserve them for himself or for the alternate payee, Bonnie M. Thrush, The costs of BaJd litigation shall be torne by the Plaintiff and Defendant in proportion to their then respective interests in said monthly benefits. 8, Each party shall be responsible for the payment of all taxes due on his or her share of said pension. 9. All payments to Bonnie M, Thrush shall be made directly to her unless the Office of Personnel Management, or other entity making payment to her of such CSRS or FERS benefits shall require the payments to be made to her through the Domestic Relations 2 SAlOIS, SHUFF & MASLAND A.~YltAN.A1. 16 W. "111I BlrHl C.~I.I., 'A ROJ3ERT L. THRUSH, PLI\INTI I!'F IN 'rHli: COUR'r OF COMMON Pl,EM! CUMaERLAND COUNTY, PIi:NNSYLVANIA v. NO. 94.4588 CIVIL TERM IN InV01~CE aONNIE M. 'rHRUSH, Dl!:FENDANT PBTITION FOR AMBNOBD COURT ORDBR 1, Petitioner in thIs case is BonnIe M, Thrush, an adult individual resir,iing at 1462 Holly PJ.I<e, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent in this case is Robert L. Thrush, an adult individual residing at 1009 Rockledge Prive, Carlisle. PA 17013, 3, On April 29, 1997 the Honorable Edgar a. aayleyentered a Qualified Domestic Relations Order regarding equitable distribution of certain pension rights and benefits of Robert L, Thrush to be paid to aonnie M. Thrush. 4. This Order was entered intending to satisfy the requirements of law pertaining to equitable distribution and was drafted with the intent of giving th~ government entity responsible for the payment of the pension benefits of the Respondent to make payment di rect 1 y to Pet it ioner, Bonnie M. Thrush. A copy of this Qualified Domestic Relations order is attached hereto as Exhibit "A" and incorporated by reference. 5. After a year of processing this request for direct payment, the United States Office of Personnel Management has responded in a letter dated April 11, 1996 that they ar.e unable to process the Court order under Section 638 of Title 5 of the Code of Federal Regulat ions, A copy of that letter is at.tached hereto as Exhibit "13" and incorporated by reference. -, ROBERT L. THRUSH, PLAINTII"I" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. BONNIE M. THRUSH Plaintiff NO. 94-4586 CIVIL TERM IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this _,~ day of ~ ' 1997, I.n order to satisfy the requirements of law pertaining to the equitable distribution of certain pension rights or benefits, IT IS HEREBY ORDERED AND DECREED as followSI 1. This Order shall apply to any pension plant retirement plan, or pension benefits acquired by the Plaintiff, Robert L. Thrush, liS a result of his employment with the United States Federal Government. 2. The name of the plan participant in said pension is Robert L. Thrush, and his address, as of the date of this Order, is 46 Eastwick Lane, Carlisle, PA 17013. His social security number is 206-36-6499, 3. The alternate payoe under this Order is Bonnie M. Thrush, whose address, BS of the date of this Order, is 1462 Holly Pike, Carlisle, PA 17013. Her social security number is 207-44-5763. 4. The parties were married on November 5/ 1972. Robert L. Thrush worked for the United States Federal Government from March 3/ 1972 until his retirement on January 3, 1997. 5. Effective immediately, Robert L. Thrush, plan particip~nt, shall pay to Bonnie M. Thrush, alternate payee hereunder, or cause to be paid direotly to her by the entity making payment to him of such beneflt/l, her marital share of any distribution from the said pension or retirement benefits/ oalculated in aocordance with the following formulat Alternate payee's portion of pens ion .. Grolla monthly retirement pay x 35\ 6. Plan participant, Robert L. 'rhrush, shall maintain a survival annuity in favor of alternate payee/ Bonnie M. Thrush. 7. Should the penllion benefits of the plan participant, Robert L. Thrush, be lost, forfeited, or denied him for any reason/ he shall litigate to a reasonable extent his claim for such pension or retirement benefits so as to preserve them for himself or for the alternate payee/ Bonnie M. Thrush. The costs of said litigation shall be borne by the Plaintiff and Defendant in proportion to their then respective interest/l in /laid month ly benefits. 6. Each party shall be responsible for the payment of all taxes due on his or her share of said pension. 9. All payments to Bonnie M, Thrush shall be made directly to her unless the elltity making payment to her of such benefits shall require the paym~nts to bu made to her through the Domestic Relations Office in which event flll payment shall be made to her through the Cumberland County Domeatic Relations Office pursuant to this Order. 10. Both Robart L. Thrush and Bonnie M. Thrush shall, at all times in the futuro/ fully cooperatfl with each other, their 2 .~ ~.. ('/ " 1'. ft", '.: , 11.,: ! "PI ~'j . , I . \ , ~ ' 7 ,I t:;!. Lt., ,.,! ]'1 I I ::; ( " J i.i' , , Ij", , ". , .. ." 't f'il II IJ' , ~ J~~~ ~ ~ I~ I:: ~~H ~ ~It:ij~ lid ".:l F ;~ ~ . j~ J~~! ~ 1l..:;-,;" ,~ II: o;-r:: ~ B~g~ ~ ~~~~ tIl " i I . .~ ~., ~ l4\ 1 4 F V, BONNIE M, THRUSH, Dl'Irendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ROBERT L, THRUSH, Pla1ntUr NO, 94-4588 CIVIL TERM .ORDER OF. COUIH AND NOW, this 9tll <JOY of December, 1997, I adJud1cote Robert L. Thrush In civil contempt or court. You are to undergo imprisonment in tile Cumberland County Prison ror a period or six months. You may purge yourself or contempt by making at onytime (] $3,675,00 payment to Hannie M, Thrush, Commitment is deferred until 9:00 0,01, Mondoy, December 15, 1997, at which time YOU are ordered to appeqr ill Courtroom No, 2, Cumberlond County Courthouse, Carlisle, Pennsylvania, unless the $3,675,00 poyment has been mode os directed, Foilure to appeor w111 result in 0 bench worront being issued ror your arrest and production 1n court, By the co~(t, ~~ey ..r..... ---..._- I Edward E. Guido, Esquire For Petitioner Bonnie M, Thrush _ (:,,~l'. .'~...":ll'<' /:Jo//o/? 'I. Robert L, Thrusll, Respondent U .J.~~ 1009 Rockledge Drive Carlisle, PA 17013 :prs luhll E. SlIke Ruh..l C Sill~h (}eum,~ 5 Shult' Alh'rlll. M.llilil~ )uhl\l\lI J. Dell~ Rkhilr~ P MI.llllk~ t 11111I.. E. I\.I~. Ir. S,UII D Muure 1<,,1 M L.~ehuhll1 1..1" Oil"., SAlOIS, SHUFF & MASLAN() \. tqlljHS~II}'dl 1"}III'IIIL\Hnt'l ~~ W..l HI~h Slrw . P,"l om,. 1311\ ~l)l) Cprll~ld. 1"IIIIb~hunlu 17l) Il.~'HI'> r.l.rhun.: (7171 HH~~l ' 1'11'.111111. (717) HJ.Mal'> Em,lIl' '~"II"I'.7.11lllln..,,)f1l Bonnie Thrush 1462 Holly Pike Carlisle pa 17013 PREVIOUS BALANCE DATE Apr-03-98 Apr-28-98 PROFESSIONAL SERVICES RENDERED Telephone conference and letter rer no reply from Mr. Thrush about the support problems, petition for amended court order I letters to Robert and Bonnie Thrush. TOTAL HOURS 0,90 TOTAL FEES Lader Hours Amount -? Mar W. All shouse 0.90 99.00 .......IIa../:ICl an~ Totals 0.90 TOTAL FOR THIS BILL BALANCE LAST STA'rEMENT PAYMENTS ADJ PER MWA PLEASE PAY Wul Khllr.Orn"1 110~ M..k.1 Slr"l (..lip HIli, I'^ 11011 rel.phll".,171711l1.Hlll F..IIII1I1.11711l 7J1.HI)1 Iltply To, Curll,l. U~3159 Hay 11 1998 $1,11515,80 $99.00 $99.00 $1,155.80 $0.00 $49.00 $1,205.80 Interest ~t 1 1/2' per month on unpaid balance after 30 days. . ('~rrlll1..,1 ,1\ .,I..'l\,1 1'11.11 ,\,I\l'~',lhJ II) thl! NoIlI.)II,IIII,J,I,J .,1 rrloll "1J~1h:1ll.:~ ,\ I"Jt1t1,! 1\.1111.1 Slll'r~'IIl" 1"11111 ,\~"-II!,hll.',1 .\IlI!I\';) SAlOIS, SHUFF & MASLAND A1TOIte;VIIATtUW 26 W. HI&h I"HI c.rll,lr, 'A 'WBER'!' L. '!'HRUSH I PLI\ I N'rI jl'jl' ItI 'I'HE COURT Ojl' COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, BONNIE M, 'I'HRUSH, DEfENDANT NO, 94-4588 CIVIL TERM IN DIVORCIi: PIi:'l'I'l'.lQl'l I"OR SPECII~I, RE:LI81" ANP NOW, comes the Petitioner, Bonnie M, Thrush, by her attorney, Mark W, Allshouse, Esquire, and files the following Petition for Special Relief under the applicable provisions of the Divorce Reform Code of 1980, as amended I (1) Petitioner ir.! Bonnie M. Thrush, an adult individual c1,lrrently residing at 1123 Redwood Drive, Carlisle, Cumberland county, Pennsylvania 17013. (2) Respondent is Robert L, Thrush, an adult individual currently residing at 1009 Rockledge Drive, Carlisle, Cumberland County, Pennsylvania 17013. (3) On Apri 1 B, 1997 the part ies entered into a Stipulat ion and Agreement before the Master to resolve all of. the economic issues in connection with the above-captioned matter. A copy of said Stipulation and Agreement is attached hereto as Exhibit "A", (4) The part ies were divorced by decree of Court entered on April 29, 1997. (5) Pursuant to paragraph 3 of the aforesaid Stipulation and Agreement, Petitioner was awarded 35!is of all pension benefits received by Respolldent from the federal government after April 1, 1 SAlOIS, SHUFF & MAS LAND A~\'IfAr.u.w 16 W. "lab "nil Clrll,lt, PA 1997, Until the lmplementlltion of 11 Qualified Domestic Relations Order, RespondElnt was to pay directly to Petitioner 35' of the grosa amount of any checka he received after April 1, 1997. (6l Pespite J:E.lpeated demands, Respondent has refused to provide PetitioneL' with copiea of the pension checka he has received or to pay her the suma due pursuant to paragraph 3 of Exhibit "A", (7l Respondent has unilaterally reduced the amount of payments to Petitioner by approximately $100 in March of 1998, providing no explanation for this reduction and has failed to make payment for February 199B, or for May, 199B, leaving Respondent two months in arreara for payments due under paragraph 3 of Exhibit "A", (B) Wife has incurred substantial attorney fees in attempting to get Husband to comply with his obligations under the aforesaid Stipulation and Agreement. (9) Pursuant to paragraph 12 of said Stipulation and Agreement, Respondent is responsible to pay Pet i tioner the attorney fees incurred by her in enforcing said Agreement. WHEREFORE, Petitioner prays this Honorable Court to grant the following rei ief I (a) Pirect Respondent to provide Petitioner with copies of all. retirement checks received from the federal government for January through June 199B and to forthwith pay her 35% of the gross amount of the two checks from February and May and any amount OWing because of the 2 ROBERT L. THRUSH, Plaintiff va. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94 - 4~BB CIVIL BONNIB H. THRUSH, DEFENDANT IN DIVORCE THE MASTERr Today is Tuesday, April B/ 1997. This i. the date set for a Master's hearing in the above oaptioned divoroe proceedings. Present in the hearing room are the Plaintiff, Robert L. Thrush, who is unrepresented by counsel. His previous oounsel has withdrawn from the case and Mr. Thrush is here today on his own behalf. Also present is Bonnie M. Thrush, the Defendant, and her oounsel Edward E. Guido. A divoroe complaint was filed on August 15/ 1994/ raising grounds for divorce of irretrievable breakdown of the marriage and indignities. After discussion the parties have agreed that they will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestio R~lations Code. An affidavit under Section 3301(d) was filed by Mr. Guido averring that the parties have been separated in excess of two years/ which is not in dispute; however, the parties have agreed to proceed under the mutual consent provisions of the Divorce Code. On March 20, 1995, an amended complaint was filed raising the economic claim of equitable distribution. Sub..quel'ltly/ on Januar.y 29/ 19915, the Derendant tUed a petition raising the economio issues of alimony and counsel feee and expense.. The parties were married on November 5, 1972/ and .eparated on July 12, 1994. They are the natural parents of two children, both of whom are emancipated. 'rhe Master has been advised that after negotiations this morning the parties have come to an agreement with respect to the eoonomic issues that have baen raised in the action. The agreement that the parties have reached is going to be placed on the record in the presence of the parties by Mr. Guido. The aqreement as placed on the record will be considered the substantive aqreement of the parties and not subject to any changes or modifications after it is stated on the record except for correction of typographical errors which may be made during the transcription. The parties are going to return later today, after the agreement has been transcribed, to review the agreement for typographical errors. After any corrections of any typographical errors have been made, the parties are going to affix their signatures by way of affirmation of the terms of the settlement that have been stated on the record at this time. After the agreement has been completed and the affidavits and waivers have been signed, the Master will prepare an order vacating his appointment and counsel can present a praecipe transmitting the record to the Court roquesting a final decree in divoroe. Included with that request for the entry of a divoroe decreet counsel oan also attaoh any supplementary orders whioh the Court may need to sign whioh may include a Qualified Domestio relations Order. Mr. Guido. 1. Eaoh party shall be entitled to all personal property currently in his or her possession except for the followingl The cutoo knives in wife/s possession sh~11 be delivered to husband. The piano and piano music in husband/s possession shall be delivered to wife. The transfer of posseasion of these itoms shall be aocomplished at the mutual convenience of the parties within 15 days of today/s date. All items shall be in the same or similar condition of repair as of the time of the separation. 2. The spousal support or.der entered at OR No. 22880 shall terminate effective April 1, 1997. Any arrearages existing as of that date shall be paid in accordance with the terms of this agreement as hereinafter set forth. 3. Wife shall be entitled to 35% of husband's pension as a result of his employment with the United states federal government/ wife's entitlement to be effective April 1, 1997. The parties shall agree to the entry of a Qualified Domestic Relations Order in substantially the form as attached hereto as Exhibit A. Until such time as the Qualified Domestic Relations Order is in effect and wife begins receiving her share directly from the federal government/ husband shaLL pay wife 35% of the gross amount of any checks he receives for pension benefits due after April 1, 1997. Each party shall be responsible for the payment of all taxes due on his or her share of said pension. Husband certifies that he has elected survivor benefits naming wife as beneficiary thereunder. said survivor benefits shall remain in effect, provided, however, that in the event of husband's death, wife shall pay equally to the parties' 8urvivin9 ohildren a Bum equal to the atter tax differenoe between the amount ahe wo~ receivin9 or would reo.ive prior to husband/. death and the amount .he reoeives or would reoeive after husband's death. 4. Wife shall transfer her entire right, title, and interest in and to the Chevy truck and oanoe in husband's possession. Husband shall transfer his entire right, title, and interest in and to the 1987 Jetta Volkswa90n in tho possession of their daughter Jill to Jill. Said transfers shall be accomplished within 15 days of the date of this agreement. a. Husband waives any right, title, interest, or olaim he has in or to wife's pension at PSERS. ~. Husband shall be responsible for the following debts I a) The credit cards to Soars/ Montgomery Wards, and VISA. Any marital debts to DAFCU (now Members First Federal Credit Union). The debt owed to the Army War College as a result of their daughter Janelle's wedding reception. With regard to said debts husband shall hold wife harmless and indemnify her from any and all olaims or demands made against her by reason thereof. b) c) 7. There is approximately $75,000.00 being held in escrow at Finance Trust Corporation which represents the proceeds from the sale of the parties' marital residence. Said sum shall be divided as followsl a) The first $1,680.93 shall be distributed to wife. b) The remainder shall be divided equally between the parties, provided, however, that the following sums shall be deducted from husband's share: i) An amount sufficient to cover any existing arrearages in connection with the Domestic Relations Order referred to above. ii) $3,000.00 of husband's share shall remain in the esorow aooount to guarantee payment of wite's share of his pension until suoh time .s the payments are started by the rederal governmont. At the time wire reoeives her first check from the federal government, husband shall reoeive any balance lert in the escrow acoount less any amounts that have not been paid to wife pursuant to Paragraph 3 above. If husband has not paid wife her gross share of his pension by the loth of each month, Edward E. Guido, esorow agent is entitled to pay wife the sum of $750.00 from said escrow sums to be credited toward any amount due wif.e by husband. 8. The parties agree that the capital gains relllized from the sale of the marital residence in 1996 shall be divided equally between them, with each party claiming his or her share on his or her respective tax returns. 9. Exoept as otherwise provided herein husband shall not pay to wife or wife to husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. 10. Wife withdraws her claims for alimony and counsel fees and expenses. 11. Each of the parties shall from time to time at the request of the other execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably needed to give full force and effect to the provisions of this agreement. 12. In the event that either party breaches any provisions of this agreement and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney fees, court costs, and expenses incurred by the other party in enforcing the agreement. 13. In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent juriSdiction, the provisions of. this agreement may be incorporated by reference in substance but shall not be merged into such judgment or decree and this agreement shall lurvive any .uch tinal jUdgment or deoree ot ab.olute divoroe and .hall be entirely independent thereof. 14. Exoept a. herein otherwise provided, each party may dilpo.e ot his or her property in any way and eaoh party henby wlliv.. and relinqullhe. any and aLL rj,ghts he or she may now have or hereatter acquire under the pre.ent or future laws at any jurisdiction to share in the property or the e.tate of the other a. a result of the marital relationship including without limitation, .t.tutory allowance, widow's allowanoe, right ot int.utacy, right to take against the will of the other, and right to act as administrator or exeoutor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into eftect this mutual waiver and relinquishment of all such interests, rights, and claims. 1~. The parties agree that before distribution of the escrow account set forth above, the escrow agent shall write a check in the amount of $25.00 to cover the transcription of this agreement. THE MASTERr Mr. Thrush, you've been present during the statement of the agreement on the record? MR. THRUSHr Yes. THE MASTERr Do you understand the agreement as stated on the record? MR. THRUSHr Yes, I do. THE MASTER! And do you understand that the agreement as stated is the final agreement of all economic claims that have been raised in this action? MR. THRUSH! Yes/ I do. THE MASTER! And do you have any questions about the agreement as stated? ROBERT L. THRUSH, PLAXNTIF,F , IN THE COURT OF COMMON PLEAS CUMBERLANP COUNTY/ PENNSYLVANIA v. BONNIE M. THRUSH Plaintiff NO. 94-4566 CIVIL TERM IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDBR AND NOW / this day of _ , 1997, in order to satisfy the requirements of law pertaining to the equitable distribution of certain pension rights or benefits, IT IS HEREBY ORDERED ANP DECREED as followSI 1, Thia Order shall apply to any pension plant retirement plant or pension benefits acquired by the Plaintiff, Robert L. Thrush, as a reault of his employment with the United States Federal Government. 2. The name of the plan participant in said parlsion is Robert L. Thrush, and his address, as of the date of this Order/ is 46 Eaatwick Lane, Carlisle, PA 17013. His 60cial security number is 206-36-8499. 3. The alternate payee under this Order is Bonnie M. Thrush, whose address, as of the date of this Order, is 1462 Holly Pike, Carlisle, PA 17013. Her social security number is 207-44-5763. 4. The parties were married on November 5/ 1972. Robert L. Thrush worked for the United States Federal Government from March 3/ 1972 until his retirement on January 3/ 1997. 5. Effective inunediately / Robert L. Thrush, plan participant, shall pay to Bonnie M. Thrush, alternate payee hereunder/ or cause to be paid directly to her by the entity makinq payment to him of suoh benefits, her marital share of Ilny distribution from thE\ said pension or retirement benefits, oalculated in accordance with the following fOt'lIlUlal Alternate payee's portion of psnsion .. Gross monthly retirelllent pay x 35\ 6. Plan participant, Robert L. Thrush, shall maintain a survival annuity in favor of alt~rnAte payee, Bonnie M. Thrush. 7. Should the pension benefJ,ts of tho pJ,an participant, Robert L. Thrush, be lost, forfeited, or denied him for any reason/ he shall litigate to a reasonable extent his claim for such pension or retirement benefits so 6S to preserve them for himself or for the alternate peyee, Bonnie M. Thrush. 'l'he costs 0 f said litigation shall he borne by the Plaintiff find Pefendant in proportion to their then respective inter.ests in said monthly benefits, B. Each party shall be r.esponsible for the payment of all taxes due on his or her share of said pension. 9. All payments to Bonnie M. Thrush shall be made directly to her unless the entity making payment to her of such benefits shall require the payments to be made to her through the Domestic Relations Office in which event all payment shall be made to her through the Cumberland County Domestic Relations Office pursuant to this Order. 10. Both Robert L. Thrush and Bonnie M. Thrush shall/ at all timu in the future, fully cooperate with each other, their 2 t\.1 :.. ", ,. , , I .. , I . . , " ' 1 /., ., -, " I , ,.1 ./.' I I.~ . " /,r I ,. l.'1..I,r . , , , , i , ~ , , , "', ,,. 1'. I" , , .....'. \ : '" ~. ~. I., /l', ,.. , lot ~ ~, .. ,)" ..1 , , ., :t; " I)" ". . , n, .1 \t'" j' , ~I ' ': I . (.J' . , -'I:, " , I ,~ I, t I '"-) JI. .I"'! 'J , " , ~ B~U ~ H~.~ ~ ~ e- .. ~ rl (lj!l ~ i~ ~ . :5 8 H~~ ~~i~1 ~ ~ j!l ~ Vl " i ., .