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Home My WebLink About95-06358 ROSE M. FULTON, Petitioncr v, : IN THE COURT OF COMMON PLEASE OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 95,6358 CIVIL TERM ROBERT K, FULTON, Respondcnt : CIVIL ACTION..LA W : IN DIVORCE PRAECIlli TO: Curtis R. Long, Prothonatary Please withdraw the Petition to Enforce Propcrty Sclllement and Separation Agreement flied by Petitioner in the above mailer. Date: t ,"7 - 9'9 JOh~ AUomcy for Pctitioncr ~ l- i;; Q .. ~;) 0 - ~t\ - ~ ~i J-F' ~~, N ~~ 'lJ'. ff: ~l. ~ ijja i!c ~ l:'5 '" '" . ~ - ;;; 0 ~~F1 N ;;$ , )1:... - i:.5;k :1: po:; u.. i1~ 51 , - r.,r, ", , 1 6Jf N 'tJ." a: I, ~ ;//E r: a ~ en 0'1 .' , i i , I i i ; i i , ipage I ! ! 1-7 PYS510 1995-06358 ~bor1and County Prothonota~'s Offico Civil Caso Inquiry FULTON ROSE M (vs) FULTON ROBERT K Page .1 Reference No.. I caie Type.....: COMPLAINT - DIVORCE Ju Iment,!.,..1 ,00 Ju e Ass gnedl OLER J WESLEY JR Die osed Dssc.1 GRANTED ------------ Case Commonts ------------- 11/06/1995 12/07/1995 12/1111995 12/12/1995 12/12/1995 12/14/1995 7/0311997 7/1111997 7/24/1997 4/28/1998 4/2811998 6/15/1998 6/15/1998 6/1711998 6/25/1998 7/0111998 7/29/1998 10/09/1998 10/15/1998 Filed........ t T 1me t I! . I . . . . t Execut on Date Jury Trial.,.. Dis~osed Date. lIig er Crt 1. I Hig er Crt 2.: 11/06/191 31. 0/00/001 7/01/19! 553MDA99 .......................,.............................--................-,...., General Index Attorney Info PLAINTIFF DEILY JOIINNA J FULTON ROSE M 411 NORTII BEDFORD STREET CARLISLE PA 17013 FULTON ROBERT K 1037 WAYNE AVENUE CARLISLE PA 17013 DEFENDANT WEIGEL JOHN WESLEY III .....................................................-...................,.... * Date Entries ......................................,........................................ I '8 I 19 I I 110-11 I 13-16 12 :17 '17 18 19 20 21 21 22-31 - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - COMPLAINT - DIVORCE ADDITIONAL COUNT - EQUITABLE DISTRIBUTION -----------------------------------------------------------------. ENTRY OF APPEARANCE FOR DEFENDANT BY JOHN WESLEY WEIGEL III ESQ ----------------------------------------------------------------_. SIIERIFF'S RETURN (SERVED DEFT 11/22/95) BHERIFF'S COSTS $22,80 PD ATTY -----------------------------------------------------------------. PRAECIPE FOR BILL OF PARTICULARS BY JOHN WESLEY WEIGEL III ESQ ANt RULE BY IRENE E MORROW DEPUTY PROTHONOTARY AtFIDAVIT OF SERVICE (PERSONAL SERV JOHNNA J DEILY ESQ FOR PLFF) ------------------------------------------------------------------ PETITION FOR COUNSELING ------------------------------------------------------------------ ORDER - DATED 12/13/95 - IN RE PETITON FOR COUNSLEING - RULE ISSUE UPON PLAINTIFF R~TURNABLE 10 DAYS FROM SERVICE - BY GEORGE E HOFFE J - COPIES MAILED 12/14/95 ------------------------------------------------------------------ MOTION FOR APPOINTMENT OF DIVORCE MASTER ------------------------------------------------------------------ ORDER OF COURT APPOINTING E ROBERT ELICKER ESQ AS MASTER ------------------------------------------------------------------ PRAECIPE FOR ENTRY OF NON PROS BY JOHN WESLEY WEIGEL III EBQ ------------------------------------------------------------------ AFFIDAVIT OF CONSENT - DEFENDANT ------------------------------------------------------------------ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-DEF ------------------------------------------------------------------ AFFIDAVIT OF CONSENT - PLAINTIFF ------------------------------------------------------------------ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-PLF ------------------------------------------------------------------ ORDER OF COURT -DATED 6/17/98 - MASTER IS VACATED - BY GEORGE E 1I0FFER PJ - COPIES MAIL~D 6/17/98 - ALSO INCLUDED IS A PROPERTY SETTLEMENT AND S~~ARATION AGRE~MENT ------------------------------------------------------------------ PRAECIPE TO TRANSMIT RECORD ------------------------------------------------------------------ DIVORCE DECREE ENTERED BY GEORGE E HOFFPER PJ NOTICE MAILED ------------------------------------------------------------------ gUALIFIED DOMESTIC RELATIONS ORDER - DATED 7/29/98 - BY J WESLEY LER JR J - COPIES MAILED 7/30/98 ------------------------------------------------------------------ PETITION TO ENFORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT ------------------------------------------------------------------ OiDER - DATED 10/14/98 - IN RE PETITION TO ENFORCE PROPERTY S TTLEMENT AND S~PAhATION AGREEMENT - RULE IS ISBUED UPON DEFENDAN R TURNABLE 20 DAYB FROM DATE OF SERVICE - BY J WESLEY OLER JR J - NOTICE MAILED 10/16/98 PYS510 cumberland county Prothonot4XY'S Office ~ Civil CaB~ Inquiry ~ 1995-06358 FULTON ROSE M (VB) FULTON ROBERT K Reference No..1 Filed".,....1 11/06/1 S~~elm:K~~l'::::: COMPLAINT,OODIVORCE ~~:~utlQn'Dat~ 0/00/6 Jud e A.a gnedl OLER J WESLEY JR Jur~ Trial..,. Di8 o8ed DtiSC.1 GRANTED Dis oBad Date. 7/01'1 ------------ Case Comments ------------- Hig er Crt 1,/ 553MDA 9 _________________________________________~~2_~:_~:~_~~:_________ 12/02/1998 12/10/1998 12/17/1998 1113/1999 1/25/1999 2/12/1999 2/12/1999 2/12/1999 2/23/1999 3/01/1999 3/03/1999 141-142 3/26/1999 143-161 4/13/1999 U2 163 164 PETITION TO HAKE RULE ABSOLUTE ---------------------------------------------------------------- RESPONDENT'S ANSWER TO PETITION TO ENFORCE PROPERTY SETTLEMENT A SEPARATION AGREEMENT ---------------------------------------------------------------- ORDER OF COURT - DAT,D 12/11/98 - IN RE PETITION TO HAKE RULE ABSOLUTE - HEARING 1 B/99 1 AM CR 1 - BY J WESLEY OLER JR J - COPIES HAILED 12/21/ 8 ---------------------------------------------------------------- ORDER OF COURT - DATED 1/8/99 - IN RE CONTINUANCE - GRANTED - IIEARING IS RESCHEDULED 1/14/99 3115 PM - BY J WESLEY OLER JR J - COPIES HAILED 1/13/99 ---------------------------------------------------------------- ORDER OF COURT - DATED 1/14/99 - IN RE PLAINTIFF'S PETITION TO ENFORCE PROPERTY SETTLEMtNT ANO BEPERATION AGREEMENT - BY J WESL OLER JR J - COPIES HAILED 1/25/99 ---------------------------------------------------------------- NOTICE OF APPEAL TO SUPERIOR COURT FROM ORDER ENTERED 1/14/99 BY JAMES K JONES ESQ ---------------------------------------------------------------- APPLICATION FOR SUPERSEDEAS PENDING APPEAL ---------------------------------------------------------------- CONCISE STATEMENT OF THE HATTERS COMPLAINED OF ON APPEAL ---------------------------------------------------------------- TRANSCRIPT LODGED ---------------------------------------------------------------- TRANSCRIPT FILED ---------------------------------------------------------------- ~~~~VNgFA~~~~r = B~t~~D~'f/~~ ENJSI~~DA~~&~CCif~~nI2VN~UXfiVS'Bla ~n~~ Ui~T~Rl!~)MK~~G~A~I!HD~~~~6~~TBr~EG~~~~Du~T~bp~Wgin~fi 6 THIS COURT'S ORDER DATED 1/14/99 PENDING FINAL RESQLUTION 0; HIS APPEAL - BY J WESLEY OLER JR J - NOTICE MAILED 3/3/99 ---------------------------------------------------------------- SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO . 553MDA99 ---------------------------------------------------------------- IN RE OPINION PURSUANT TO PA RAP 1925 - DATED 4/12/99 - BY J WEB OLER JR J EXIIIBITS MISC. MEMORANDUM - PRETRIAL STATEMENTS - PLFF & DEFT ^ "" ('nmnHlll"l'i1llh III 1"'II11,~'I\illlill ('lIl1llt~ III ('1I1111"'IIIIIUI }" I. .GJ!Jl.1'!.!LltL.J..ON.n__~, I'IIllhlllllltlllY 01 till' ('11I111 III ('011111111" I'ka,- in ntHI lor !ll1id ('nllnl~. tin hl'll'h~' n'lllly that thl' Itl1cl!l1inp. i!i U lull. tllll'lImll'I1flLTI 1'I11'Y III the \\IH11"ll'l'IHd Illthl' l'It!ll' Ihl'ldll "'luted. \\hl'Il'1I1 __BOBEJt...FUL'l'ON___________ Plilintilt. nnd ___..__________________,__,. --...-.------.--,-. - . _.~_.- .--.-....------ ....!lOBER.'!' .J~~.,X\JLTON I)l'll'utlilnt ________" i1'1 th~' !rroHl11l' Il'ItHlil1' 111 ICl'OId hl'lnrc the !!:till ('ollllnl No of 95-6358 lenn. A.1l, 19_. 1IlIISIIMllNY \\'111:\11'111', I hllle hl'I<'III1I1l "'I 111\ hllll.1 alld alli,ed thl' 'eal III ,aid ('111111 ,"i. --1!nL ~-~-- '~1~i;",:,:,-: I. .~RGE E. JIOFFEIL_,____.__... I'mulrltl .hulpe III Ihe NINTII JUltidul Ui,IIIl't. l'omJlII'l.~lllllhl' CtHlnly oll"ulllhl'IIi1l1tl. tin l'l'ltil~ tim' __.__~. ___.cUB'l'lS__R...LOliIG. , 111 \\hUIII Ihe '"11\e"'11 lemld. L'ellilkate und Ulll'!'ltUtilltl "ell' l1uHJe unu l!i\l'lI. 1111\1 \\ lip, ill hi, 11\\ It p'llpl't hilluh\ I ilill~. IhL'll'unlo "'tlh"'!.:1 ihc\t hi" nume uIHI ulli\l'u thl' !\l'Ullllthl' ('lIllll 01 ('0111111011 Pll'i1' tll ,aid ('ollnly. "11\, allhe lime 01 !rllldoing. ilnd IIn\\' is Pllllhllnllhll~ in untlllll ,uid ("""11~ III _...____....., ,CUMBERLAND_.__.. ill thl' ('llIUnHlIl\\l'aHh tIll-cUll') h anln. tllIl~ fUlllmi"illlll'd 1I1ll1 ljllulllil.'lllo nlllll "IH)\e ilL't", U\ Mlt.:h full fnith nnll l,tcdit are uno olll!ht In hl' p.i\l'1l 01\ wl'll ill ("IIUft' ul judkilhHL' U!'l l'I!rll'" h\'lt', and thut the !rIllid rL'I,:nuJ. l'I:rlilkulc und illlc!ttlnlitlll i1ll' III II Ill' 1111111 01 Ii'" alld I1HHk h t l'l ollin', ('UI11It1OI1\\callh 01 Pl'nll"'~hllllia ('IIUIII~ III t 'umhl'.la'HI I" l'II,\ltknllulll't' I. .., . CURTIS. R. LOlilG P'"lhun"l"" III Ih,' l'uIIII ul ('un1lnUII I'leu, in ulld Iu. Ihe "lid ('lIIInt~, tlull',"11 thill thl' lIull'"i1hle GEOJlGE E. HOFFER.. -- ---..,----.--. h) \\ hOl1llhl'ltHl'~tlillll nllr"4I111111 \\ ii' lIIadt', utili \\ hll hil' thl'lt'lIl1lll \lIh'l'lllll'll hi\ ItanU', "lilt, ut Ihl' tinH,' III rnu~ in!! t1ll'l('III, lIlIIl \tllll' Plr'ldl'1I1 .I11l11!l' tllthl" (',11111111 ( "011I11\111\ 1)ll'a,. ()r I1IHHI'l'Ollllllnu ('0111'1 01 ()\Il1l11'1 Sl''l'lltllt\ t1llhl' I'I'iIlT III and ltll 'illtl ('lIlIllt\. tllll\ ("olllllli'l'illlll'd lllHI4UlIlifil'd: In ull "hosl' ,,,,:1" 1I\ !\Iu:h Iulllilllh alld flnlll illt' ill1d 1l11V-hllll he ~1\l'1l a.. \\dllll ('tllllt' III jtlllil'attlll' U\ dw"hl'I'l'. IN II ~IIMll"\' Will III 01_ I "all' 111'11"""" !orl 111\ hallll IIlId i1111\l'l1 thl' 'l'allll "'alii ('1111111111'" 1/t~;1 ~~ ~:: = ~ .,.... ROSE M. FULTON, Plaintiff v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95- f!),~~ S" CIVIL TERM ROBERT K, FULTON, Defendent IN DIVORCE NOTICE You heve been sued in court. If you wish to defend againBt tha claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriaga counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, lIigh and Hanover Street, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE Till S PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Court Administrator One Courthouse Square Carlisle, PA 17013 (717) 240-6200 1;-" . JOhnn:'~, D'ol%, 'EslJire SAIDIS, GUIOO, SHUFF' MASLAND 26 West High Street Carlisle, PA 11013 (717) 243-6222 Attorney fOI' Plaintiff ,/ , I ~ ~ ROSE M, FULTON, Plaintiff I IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 95- (.I;J CIVIL TERM ROBERT K, FULTON, Defendant IN DIVORCE QQHfLAINT UNDER SECTION 33011cl QIt 33011dl or THE DIVORCE CODE 1. Plaintiff is Rose M, Fulton, an adult individual who currently resides at 411 N, Bedford St" Carlisle, Cumberland County, Pennsylvania 17013, 2, Defendant is Robert K, Fulton, an adult individual who currently resides at 1037 Wayne Avenue, Carlisle, Cumberland County, Pennsylvania 17013, 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint, 4, The Plaintiff and Defendant were married on September 10, 1976 in Lebanon, Pennsylvania, 5, There have been no prior actions of divorce or for annulment between the parties, 6, The Plaintiff has been advised of the availability of IIAIOIS, GUIDO, III1Un'" marriage counseling and the Plaintiff may have the right to MASLAND 26W_IlI,hS'''''1 request that the Court require the parties to participate in Carll"., "A counseling, Having been so advised Plaintiff does not desire the Court to order counseling, ~ 1""1 t"'\ WHEREFORE, Plaintiff requosts this Honorable Court to determine marital proporty and to order an equitable distribution thereof, Respectfully submitted, SAlOIS, GUIDO, SHUFF' MASLAND Dated: //-,3.9r .r""'- ') ~__ '1 <( -. / "" /). ,"" . Johnl1a J " DlIily, Esqu re 26 We~t High Street - Carlisle, PA 17013 (717) 243-6222 Attorney for the Plaintiff , .:t' ~ ..:r- .. M 8~ :Ii: ~ a... Q~ ,[ ,... :f..tii I '~4 lli u IDpJ ...., c:: t.q 1- b 'I') ~ m '!i" ~ ~ ....... q \.i . . - l r"t . John Wesley Welgtllll, Elquin '\ .'"orne)','" Law ('1 50 EUIIli8h SlrCCI ' Carh.le, PA 17013 !'elophllne (717) 241 19"5 ' Fu (717) 243,9766 I ,) - / '>. ,.. ~ "" "" i_ '@i.",-~",i-~,#;.t:V.~~i~;Mt"if~6A<~';:!f:,:.~",,,.,, ',-,:-"'~.4,~"''i~f:-illfj;:-:if~~.J:~=ll~ ',-. " tI i - i; M .. ", N -.i< I~ 8' -. .- "':; u.. ~. n,J l" N -'0 ., ~).:.. ll~ I.' lur,) r-: I.' mil.: L.:' u, 111 ~ U u, , ...) 'J . . Jolt" W,d,y W,I.,IIII, 1i.""I", , IIl11ll!Y \'\11.11" SOil.., IIl,h SIl"'l ' C.rlt.le,I'^ 17nll Telephllne (717) 2A319K\ . I'u 17\7) 243 \)766 JJ I" 'f:;' .' JJLL J;. 1J99,,> 1""'\ f""'l\ ROSE M. FULTON, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 95-6358 CIVIL TERM ROBERT 1<. FULTON, Defendant ~ NOW, this J'~ ~y IN DIVORCE ORDER AND of December, 1995, upon the Defendant's Petition for Counseling, it is hereby ORDERED that a rule be issued upon the Plaintiff to show cause why the Petition should not be granted. Rule returnable inJ!!- dayS~ ~ . BY TIE - COUR'T: J. CCI Johnns J. Deily, Esq. Attorney for Plaintiff John Wesley Weigel III, Attorney for Defendant E.q. j /1. (4 ' 1 J- }IL lut. L I). ,...r,W~ "..~ a f].d \11'1.11\ ""_ 1-''' ;\In" II hln"'l r ''''.' .\, '''1\ ... rJJ 'J.. ..;t,....,;.~ n~ 10 \:'.1 Ii I JjJ S& . l' '1 J" . I.- ... ^'tN1CII), \,." _" I - ~", .Lf'-{Jj 1\3 ...""I...I"j I'll rn..O:i'i':,; 1.\..' ....., , . "-~ ' l rJl.1ll' \ \ -\'11 V,,', .,,' rtJ"; .\, l \ ..- If/ I.': h; .', ;t ", ,.. }'/' .' " . ~ ( :~.t .',' p., {j\' '; , I ~ "I f.'L. I ~ ~. 0:11. f~:\ , :.' ''',J ~. IL- l . , ". 1- ~ i ," t.: 0' .J ',( I' ..,,; . I _ '. ~ - { .....I v -, '1'1,,' "'"'. ,:: ROSE M, FULTON, Pluintill' : IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PEN"ISYL VANIA "S. : 95-635H CIVIL TERM I{OBERT K, FULTON. Defendunt : IN DIVORCE I'RAF.CII'E I'OR ENTRY OF NON IIROS TO TilE PROTIIONOTAR Y: Pleuse enter ujudgmcnt of non pros uguinst the Pluintill'in the ubove mUlier. us to Pluintill's c1uim fiJr divorce bused on indignities, for fililure to file u Bill of Purtlculurs within twenty duys of lhe Rule issued on December 12, 1995, Rcspeellhlly submitted, tf:-~z 21 I r77- te .-' /I ,/J 1/- t./ " f'...'-, l). _ 1) U t' 'J./JL hn Wesley Weigel I. Esquire, 7 Irvine Row Curlisle. I'A 17013 (717) 243-19H5 cc: Johnnu J, Deily, Esq, AlIorney liJr Pluinlifl' E, Robert Elicker Divorce Muster /1 ir ..::r t ~~ c c ...9- ~ .~ (t}. .. ::j -,- 1:J :-;- ~ ?9 L?' - ~- ~'.): ; "- C"- ~ ~r, .'~~ ~,~-~ - (, _'T 0 ~ e N ,I:,' ce!l :5 ,l: :-.~ 0 ~ I'~ . ~H~ 1\ It -) 0.:- ::J. (j r- 9 ~ rV 0' 0 d 'J .....1.... 'I . - ,~ ROSE M. FUl.H>N, I'lalntitf : IN TIlE COURT OF COMMON I'l.EAS OF : CUMBElU.AND COUNTY,I'ENNSYl.V ANIA VS. 95-6358 CIVIl. TERM ROBERT K, FULTON. Dcfcndant IN DIVOIH'!, ill1DAYH.m:.cONSIDiI \. A complaint in divorcc undcr Scclion3301(c) oflhc DlvlII'cc Codc was IiIcd on Novcmbcr 6, 1995. 2, Thc marriagc of I'lulnlll1' IInd Dcfcndllnl is irrclricvllbly brokcnund nincty days havc e1apscd fromthc dutc of tiling und scrvlcc of Ihc Complain\. 3, I conscnltolhc cntry of a tinal deeree of divorcc uller scrvicc of nolicc of Intcnlionlo rcqucsl cntry oflhc dccree. I verily 1IlUlthc stalemenls mude inlhis ull1duvilure true und correc\. undcrstand thai false statcmcnts herein are Illade subjecl10 Ihe penallies of 18 l'a.C ,S, 4904 relallng 10 unsworn falsiticallonlouuthoritles. d7-llfJ~ -711 Oalc -kff....'Tj('--'-/J~-=. Rob K, Fullon , ,q ~ ro. .,.. Lr. f.. .' .l. .. .J... r c.~ L). '; 1[; ..- ;~j ". ,.. c.. 1)~ , . n:J ':.J) il'~ N ) >~ . ~.. u;,. c; ::Cu rJ: f.'u '.~ tl\,.. ... j b (Xl tJl --I '-- ~ I- C.: In .. "j .' ~p ('1 ;~J ;'~ (:. ..- ~,,); ;: IDt n... : t~~j ':..- IX1 . "I) it'" N .'~'" 0.: .! OJ P- nll.l. (':.: .... d ~ CD U' ...J ~ UI "'- ~B l.I~ r:-; .. ..'- - .~".J .... h Cl.t...~ . j', [L I..)~. '-:':'~~j ~" 'n ::(j I, 'Ii J::',; ,!: ::, ',j;'l ~ ttJ;).. l.!5 CO a '" . v '"-' . r,lWC'FriCF. ".. -. " ,,,... '" "'TI"'( u' ,j' '1'>1.\01 98 .11'.\/1 0 I: I :Jl 18 CU': ' '"",., h'~."., ',i l,vJidl Fr:r~\I:)'ll':, \ \'\ ...J '- . . (1 ("') LAW OffiCES SAIDlljli GUIDO, SHPFF '" ~IASLAND 26 W. HIOH STIlEET .2109 MARKET STIlEET CARUSU!. rA 171113 CAMr U11.1..I'A 17011 PHOHB(1I7H43-6222 rllOHB (717)737-340\ 1.,,-/7"1'6 CERTIFIElI COry: ! "lAr "~'. Off (' ~. ,; (2) Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. (3) The parties are the ownero of certain real estate with improvements thereon erected known as 1037 Wayne Avenue, Carlisle, Cumberland County, Pennsylvania, Wife agrees within thirty (30) days of the signing of this Agreement to convey said real estate to Husband by special warranty deed. Husband shall assume full responsibility for all household expenses including, but not limited to the mortgage to Financial Trust (now Keystone Financial), and the Dauphin Deposit home equity loan, liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby agrees to hold Wife harmless and indemnify her from any loss thereon. Further, Husband agrees to refinance said loan obligations by June 15, 1998. At the time of refinancing, Husband will pay to Wife the sum of $5,000.00, which represents a portion of her equity in the marital home. (4) In the event that either party contracted or incurred SAlOIS, any debts since the date of separation on November 1, 1995 HUFF & \tASLAND the party who incurred said debt shall be responsible for the \".....,..ATtU.W " w. H'III 111"' payment thereof regardless of the name in which the debt may torU.I., PA have been incurred. SAIDlS, lUFF & ASLAND "'DItlRYItAT.UW W. Hip Ilrnl Cull.I" P A Husband and Wife acknowledge and agree that they have no other outstanding joint debts and obligations of the Husband and Wife, incurred prior to the signing of thin Agreement. (5) Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6 ) . The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, except for the following items, which shall go to Wife: ..17~ A. Hutch and contents belonging to Husband. ^ B. Baby pictures. C. Daughter'S toys. D. Picture above the couch. E. Grandmother's cake dish and dishes F. Fostoria vase. G. Bowl and pitcher on the TV. H. Jewelry box. I. Toys in the attic. J. "yt Trunk and its contents Delonging to Husband in spare ,^ bedroom. K. Desk and desk chair in bedroom and its contents ~.f .,v belonging to husband. (Desk belonged to Wife - made by father approximately 38 years ago) . L. Old table in basement. M. Christmas and Easter decorations and items in attic, N. Wife's personal effects in boxes in attic, O. Wife's r~maining clothing and other toiletries. The exchange of personal property to Wife shall take place within sixty days of the signing of this Agreement. (7) Eac~ party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal I property currently titled in the name of or in the p06session of the ether party, including, but not limited to, stocks. bonds, insurance, bank accounts and retirement accounts, which include Husband's retirement account with Capital Blue Cross, and his SERS pension plan. Wife shall retain her interest in her Members First savings account, and Wife'6 checking account, a check held in escrow by Wife's attorney, and Wife shall SAlfifS, HUFF & \lA5LAND .,.".,.,..u.u.w ,I W, HlaJI Ill"' C",II.I" PA retain her Certificate of Deposit from her retirement. All other bank accounts shall go to Husband, (B) In exchange cf her equitable share of the marital portion of the remaining interest in the real estate and Husband's retirement and pension accounts, Husband shall pay to Wife the sum of $20,000.00, This shall be paid in a qualified Domestic Relations Order from HU6band's 401K Plan at Capital Blue CrC6S, Both parties shall cooperate to effectuate a SAlOIS, SHUFF & MASLAND A~A.T.u.W 16 W. Hip Ilrftl Corl"'" PA transfer of these funds as quickly as possible. (9) Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance, (10) Each party is now represented by counsel of his and her own choice, and each shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behal f . (11) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (12) Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. SAlOIS, ;HUFF & MAS LAND A~'A.TtUW 16 W, Hip 11f"1 Coull.I., PA (14) Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims which have been raised or may be raised in an action for divorce. (16) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liabilitr, claims, causes of action, damages, costs, contributions, expenses or demands whatsoever in law or in equity; 8. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquiredl J.( C. All rights of curtesy and dower and all claims or rights in the nature of curtesy and dowerl D. All widow or widower's rights! E. All rights, title and interest or claims in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claimsl (1) to take against the other's will, (2) under the laws of intestacy, (3) to a family exemption or similar allowance, and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. SAIDlS, SHUFF & MA8LAND AftDIIlhohAT.u~ II W. HI'" "'"1 CArtItII, PA F. All rights or claims to any accounting, G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed! H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, Act 26 of 19BO, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivisionl I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) This Agreement shall be construed under th~ law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (lB) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and t~is Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) In the event that either party breaches any provision 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's fees, court costs and expenses incurred by the other party in enforcing the Agreement. (20) This Agreement constitutes the entire understanding SAlOIS, iHUFF & MAS LAND A'ft'nIWYI,,l'1'.uW 26 W, Hip 611"' torllll.. PA between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, ether than those herein contained. (21) This Agreement shall bind the parties hereto, their respective heirs, executors and asoigns. ....~. .... IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. m Wit~ s t ;j ~~ ~ ~. ~dt-r>t..,' Rose M. Fu t6n SAlOIS, SHUFF & MASLAND .a.nm.w.u.u.w II W. HIPS,,"t C4rllaft, PA i;; CI ~ ' ~t: , rl U!J '.. pll,' ,- t, ( "~ ' , (r': ,-. 6:" , U"j ~.l !.\, ,:. "'I"" , 'f. ~ en :J lj' I..) ~ ~) ,'~' '/ 1""'\ . ROSE M. FULTON, : Plaintiff . . : . . VS. . . ROBERT K. FULTON, : Defendant IN Tim COUIlT 01' COMMON PI.EAS CUHOEIlL^ND COUNTY, PENNSYLVANI^ 95-6358 CIVIL DIVISION NO. CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under SJJ01(cl .J301(dlCl) of the DtVorce Code. (Strike out inapplicable sectionl. 2. Date and manner of service oC the complaint: Sheriff Service 11/22/95 (see attached) 3. Complete either paragraph (al 0" (bl. (a) Date of execution by 53301(c) of the Divorce Code: by defendant 4/2B/98 (bl,(l) Date of of the affidavit of consent by plaintiff -J)";':JjfS . required of the Divorce Code: execution of the affidavit required by ; (Z) Date of filing S3J01(d I and service of the plaintlff's affidavit upon the r~spondent: 4. Related claims pending: none 5. Complete either (a) or (h). (a) Date and manner of Gervice of the notice of intention to file praecipe to transmit n!cord. il copy of which in attached: (bl Date Plaintiff'S~il vcr of, tJ,.,l:ice in 5330l(c) filed wlth the Prothonctal:'Y: ;J.~ ffi5 Date defendant's+r of ~j\~lce ~n .pJOl(cl flied with the Prothonotilry: c..0'if) ~j.qb 3~ ~ Di'lCrce was Divorce was .,... .:1' r-: b; ,~ I. ., ,-, C C'1 . ~~;;' ;I; : R"\ : ~;. IL. . ~~j , In ,. N , -11. _.I. . j (~J U". .,.~ ~ , ! ~ 1- r ;:.~ ..,~ ,o. (1 "\ 0 0' c) v -"'.... -. , . / .: " '-, JUt 28_pO ROSE M. FULTON. I'laintill' IN TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY.I'ENNSYI.VANIA \'S. NO. 95.635H CIVIL ROIlERT K. FULTON, Defendant IN DIVORCE Ql1AlJ..t1IillJlUMESllCJlELAll0NS.illWEH. TillS CAUSE cUllling untu he heurd IiII' the purpuse uf entry uf u Qualilied DOlllestie Relations Order as delined in26U,S.C. Seclilln414(p) and 29 U.S.C. Sectilln 1056(d)(3), the cuurt on___~-yL'l-1.....'___' 199H. huving entered u judgelllentuf lhis cuurt rcluting to the provisiunuf lIIuritul property rights uf u Ilmller spouse uf the I'urticipunt; TilE COURT FINDS AND IT IS IIEREBY ORDERED AS FOLLOWS: A. I'llI' purposes uf this Order, the "I'articipunt" is Robert K, Fulton. who is un employee ufCuphullllue CI'lISS or one ufits ulliliutes: the "Alternute I'uyee" is Ruse M. Fulton: the "I'rogralll" to which this Order upplies is the Employee Suvings Plan. B. On _ Jul v__.1,_________. I'NH, the Court hus entered II divorce decree pursullnt to Section 3301(c) of the I'ennsylvllnia Divl1l'ce Cude. This Order relates to the provision uf murhul pl'llpcrty rights of Ruse M. Fultun. us Altel'l1ute I'uyee. who Is lhe llmller spouse ufRuhert K. Fultun. whu is ul'arlicipunt ill the I'l'lIgnullto which this Order applies. C. The nume ul1lllllS1 klluwnmulling uoJdress of the I'artieipant arc Robel1 K, Fulton. 1037 Wuync Avenue. Cllrllslc,I'cnllsylvunlul7011 The dutc ufhirth ol'thc I'urtlcipant is Mu)' H. 1950, und his Social Security Ilumber is I H9-4(}.37H I, D, The nume und lust knuwnllluillng addrcss uf the Altcrnute I'uyce ure Ruse M. Fultun. 411 North lied IiII'll Street. Curllsle. I'cnnsylvuniu 17(} 13. The dutc ul' hirth ol'thc Altetllute I'uyee Is Deccmber 17. 11)46, und hcr Slldul Sceurlly number is 193.36.4H23, - ~, E. Pursuunllothc divorcc dccrcc cntcrcd on JU!Y_~L.J~9B ___, ,Ihc Altcrnulc Puycc shull rcceivc n rctircmcnl bcnclil Ihllll1hc PrngrulII illlhc ulllounlof Ihc Icssor of (1) or (2), whcrc (1) ulld (2) urc Ihc 1II110UlltS sctlilrth hclow: (I) Thc ulllountof Ihc Purticipanl's vcstcd ACCllUllt blllullcc olllhc dutc of distribulioll. Icss thc totuloulslulldillg halallcc of UIlY parlicipulltloulIS undcr Ihc Prugl'lllll on such dutc, (2) $20,000,00 puyublc outoflhe PUrlicipulIl's vcstcd ACClJUIlI bulullcc. F. The ulllounl sel forlh in E.(2) ubow shullnol bc creditcd or dehited wilh uny eumlllgs, losses ulld illwstmcntmullugcmclll ulldlnr udmillislrulivc fccs fhlllllhis datc 10 thc dUlc of distribution which urc ullribulublc to such UIIIOUIlt. G, The ulI1ountlo be puid hercullder shull bc puid lolhe Altcrnutc Puyce illulIY 1'01'111 or lornls ofpuYlI1cllt uvuilublc undcr Ihe Progrulll. us clcclcd by Ihe Altcl'lmtc Puycc, II. Thc umounllo bc puid 10 Ihc Altcrnlltc Paycc hcrcundcr shull cOlllmcncc to bc puld 10 her us SOOIlUS udlllinistrullvcly fcusiblc lilllowing Ihc uccCptUIICC of Ihis Ordcr us u Quulllicd Domcstic Rclutlons Ordcr by thc Prognlln udmllllslrulor I. NOlhing inlhls Order: (I) rcqulrcs Ihc Progrumto provide III1Y Iypc or limn of hCllclil. or option. not otherwise providcd illlhc ProgrulII: (2) rcqulrcs Ihc I'rognllll10 pl'llvidc illcrcuscd hCllc111s (dclcrlllincd olllhe husls or IIctllurinl vuluc); or (3) requlrcs Ihc puymclltofbcllclits 10 thc Allcl'llulc I'ayee IIhich me required to bc puld loullolhcr 1Iltcrnulc puycc undcr another ordcr prcviously delcl'll1ined 10 he U quulll1cd domcstic rcluliolls ordcr. J. \loth thc PUrlicipulltlllld thc Altemate Puyee shall havc the duty 10 1I01il)' thc udmilllsll'lltor ofthc Pl'llgnllll in wrlllng of IIIIY chulIgc ill his or hcr rcspcctivc mull hIll uddrcsscs subscllucnllo thc clltry or this (lnlcr. ):) . . . () n - . LAW OffiCES SAlOIS, GUIDO, SHUFF" MASLAND ( ) 26 W. HlOH 5TIlEh, 2109 MARKET STRF.hI CARIJS1J!.rA 17013 CAMI'III\'l,rA 17011 PHOHIH717) 243-6211 r1lONIH717) 7l7,l401 IO./d-q<g r:) CF.RTIFIEIl cory: ~ OCT t B 19"'" ~ ~ picture is attached hereto, made a part hereof and marked as Exhibit "B". 6. Despite repeated demands, the Respondent continues to refuse to return these items. Further, Respondent was to pay $20,000.00 out of his vested account with Blue Cross and Blue Shield through a Qualified Domestic Relations Order. The amount was suppose to be a lump sum payment of $20,000.00, a net value, without taxes being taken out. 7. It has come to Petitioner's attention that the plan is expecting a 20\ or a $4,000.00 mandatory Withholding tax unless a direct rollover to an IRA or another qualified employer program is made. B. Petitioner does not have an IRA or other qualified employer program to rollover the funds, and therefore Respondent must make up the difference in the tax liability. 9. Despite repeated demands, Respondent refuses to return the items or to pay the tax liability from the QDRO. WHEREFORE, the Petitioner respectfully requests Your Honorable Court to enter an Order directly Respondent to give these items to Plaintiff, or their monetary equivalent, along SAIDl8, BHUFF & MARLAND .........'r.u.. l' W, HI"'111Itt c.rt...., 'A with the $BO.OO to her cost to repair the damaged picture. Respectfully submitted, .;J J n eily 2 . 19h Street Carlisl~, PA 17013 (717) 243-6222 Attonley for Petit toner 3(/ SAlOIS, SHUFF & MASLAND j.........w.A.f.u.w II W. Hip Ilntl Carllllt, 'A ,....., PROPER.! SETTLEMENT AND ~.~ SEPARATION AGREEMENT THIS AGREEMENT made this 2 I Av day of (7)''1,;/ ,1998 between ROSE M. FULTON of cumberland County, Pennsylvania, hereinafter referred to as Wife, A N o ROBERT K. FULTON of Cumberland county, Pennsylvania, hereinafter referred to as Husband. WITNESSETH: WHEREAS, in consequence of disputes and unhappy differences, the parties have been living separate and apart from each other; WHEREAS, the parties desire to confirm their separation and make arrangements therewith, including the division of their marital property and other rights and obligations growing out of their marriage. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound it is agreed as follows; (1) It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit. Lit ilAIOls. SHUFF & MASLAND A~""'lA.W 11 W. HI'" 11r"1 CO,IIIII, 'A f"""t, (2) Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. (3) The parties are the owners of certain real estate with improvements thereon erected known as 1037 Wayne Avenue, Carlisle, Cumberland County, Pennsylvania. Wife agrees within thirty (30) days of the signing of this Agreement to convey said real estate to Husband by special warranty deed. Husband shall assume full responsibility for all household expenses including, but not limited to the mortgage to Financial Trust (now Keystone Financial), and the Dauphin Deposit home equity loan, liens of record, utility bills, insurance and real estate taxes in connection with said property, With regard to all such expenses, Husband hereby agrees to hold Wife harmless and indemnify her from any loss thereon. Further, Husband agrees to refinance said loan obligations by June 15, 199B. At the time of refinancing, Husband will pay to Wife the sum of $5,000.00, which represents a portion of her equity in the marital heme, (4) In the event that either party contracted or incurred any debts since the date of separation on November 1, 1995 the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. L/;< '"' Husband and Wife acknowledge and agree that they have no other outstanding joint debts and obligations of the Husband and Wife, incurred prior to the signing of this Agreement. (5) Each party relinquishes any right, title and i.nterest he or she may have to any and all motor vehicles currently in possession of the other party. Each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) . The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, except for the following items, which shall go to Wife: A. B. "ot Hutch and contents belonging A -:J'''''' Baby pictures. to Husband. SAlOIS. SHUFF & MASLAND j,~i.,.u.w I' W. HI'" 'ifni COnl.lt, PA C. Daughter's toys. D. Picture above the couch. E. Grandmother's cake dish and dishes F. Fostoria vase. G. Bowl and pitcher on the TV. H. Jewelry box. I. Toys in the attic. ~, . ~ ~ .... SAlOIS, SHUFF & MASLAND ATTmfaltAT.u.W 16 W, Hllh Sir"' CIrUllI, rA "'"" J. Trunk and its ..1 contents belonging . 'J1-J to Husband in spare bedroom. K. Desk and desk chair in bedroom and its contents ." I ,1'.. ~. belonging to husband. (Desk belonged to Wif~ - made by father approximately 38 years ago) . L. Old table in basement. M. Christmas and Easter decorations and items in attic. N. Wife's personal effects in boxes in attic. O. Wife's rp.maining clothing and other toiletries, The exchange of personal property to Wife shall take place within sixty days of the signing of this Agreement. (7) Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property c\.1rrently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts and retirement accounts, which include Husband's retirement account with Capital Blue Cross, and his SERS pension plan, Wife shall retain her interest in her Members First savings account, and Wife's checking account, a check held in escrow by Wife's attorney, and Wife shall retain her Certificate of Deposit from her retirement. All other bank accounts shall go to Husband. (B) In exchange of her equitable share of the marital portion of the remaining interest in the real estate and Husband's retirement and pension accounts, Husband shall pay to Wife the sum of $20,000,00, This shall be paid in a qualified Domestic Relations Order from Husband's 401K plan at Capital Blue Cross. Both parties shall cooperate to effectuate a ~ .. ,i " "_ SAlOIS, SHUFF & MASLAND "".......ATtlAW' 11 W, Hip 11'"1 c.,lIlll, PA f~ - transfer of these funds as quickly as possible. (9) Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. (10) Each party is now represented by counsel of his and her own choice, and each shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (11) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be respcnsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (12) Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specificallY waived. , _----r. SAlOIS, SHUFF & MASLAND A~AT.u.W II W, HI'" Illn' Corll,I.. PA ..,., ....... ,,,",,,, (14) Hudband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees. costs and expenses, equitable diotribution of marital property and any other claims of each party, including all claims which have been raised or may be raised in an action for divorce. (16) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions, expenses or demands whatsoever in law or in equity; 8. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; ~ -' c. All rights of curtesy and dower and all claims or rights in the nature of curtesy and dower; D. All widow or widower's rights; E. All rights, title and interest or claims ~n or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims. (1) to take against the other's willi (2) under the laws of intestacy; (3) to a family exemption or similar allowancel and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state SAlOIS, SHUFF & MASLAND "'-U.tAW II W. Hlplttlll c.r1lolf.PA or political subdivision. F. All rights or claims to any accountingl Q, All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed I H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, Act 26 of 19BO, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, -- r ... ,...------ territory or political subdivision, I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) 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 co~petent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) In the event that either party breaches any provision 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's fees, court costs and expenses incurred by the other party in enforcing the Agreement. (20) This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any whatsoever, other than those herein contained. (21) This Agreement shall bind the parties respective heirs, executors and assigns. t SAlOIS, e SHUFF & MAS LAND ..l........w.ATtLAW II W. Hip II1Ift Cortl.I., PA f""'\ 1 " . IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. ~ Witn . s, " _/ . ..,," ~.~ (v,!.dL Lv~,~ .,1(/1. _'-: . ness ( ) ~ Rob rt K. Fu to tCe"-'" In. ~dL7:t-~) Rose M. Fulton ,. SAID IS, SHUFF & MASLAND ~''N....w UW.1Il&It11mt Cuttalt. PA """ """ J :;.-,./ .. '1 'i /J. ,') . '/ (]' , .. ROSE M. FULTON, 1)lalntlff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW ROBERT K, FULTON, Defendant NO. 95-6358 CIVIL TERM AND NOW, this ORDER OF COURT (17 It'day of December, 1998, upon consideration of Plaintiffs Petition To Enforce Property Settlement and Separation Agreement and of the Answer to Petitioner's Petition To Enforee Property Settlement and Separation Agreement tiled by Defendant, and ofPlalntitrs Petition to Make Rule Absolute, a hearing is SCHEDULED for Friday, January 8, 1999. at 11:00 a.m., In Courtroom No.1. Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, !/~ /' L) esley Oler, Jr.. Jo' Johnna J. Deily, Esq, 26 W. High Street Carlisle, PA 17013 Attorney for Petitioner (') .0 (~ f"' Ci) "T', ; "'J '. tP- , 1 "li'1 " ,- . - . ,.'" I,,' ..J 'j! , , f":'L. -~ '.") ~. t"~ 'i ~ :.1 ",:( ) _.. :;.~ tl - ,. () - i jn1 ~. .. ~! :j :,., -' .- ~ , ~AU" 4w..-i,~ I.J . ,:JI. '11' I J-' , James K. Jones, Esq. 7 Irvine Row Carlisle, I'A 17013 Attorney for Respondent :rc 50 '. . t, , . . n (l CERTIFIED COPY: LAW oFFlCIlS 8AI018, GllIOO. SHUfF. '" MASLAND (', 26 w. HIGH mEET . 2109 MARKET STR\!ET ' CAllUSU!. PA 17011 CAMr 1I1ll., rA 11011 \'IIOHB (717) 243.fi221 rllONB (711l731-l401 ( ) oi:e 0 2 199r1J) " SAlOIS, SHUFF & MASLAND '--ATtU.W II W, HI'" II.tot c:.rtlllt,PA ~ "..... ROSE M. FULTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 95-6358 CIVIL ROBERT K. FULTON, Defendant IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW COMES the Petitioner, Rose M. Fulton, by and through her attorneys, Saidis, Shuff & Masland and respectfully avers the following. 1. The Movant filed a Petition to Enforce the Property Settlement and Separation Agreement on or about October 19, 1998. 2. On or about October 16, 199B, a Rule was issued upon the Defendant to show cause why the relief set forth should not be granted. 3. Pursuant to the Court Order, Rule is returnable 20 days from date of service. 4. On or about October 21, 1998, the Petitioner served upon Respondent's counsel, being James K. Jones, Esquire, a copy of the Petition to Enforce the Property Settlement and Separation Agreement as well as the Order and Rule to Show Cause. 5. More than 20 days have elapsed from the date of service, and no response has been received, and the items set forth in the Petition for Enforce the Property Settlement have not been returned or paid. 51. 1""\ t-'I WHEREFORE, the Petitioner respectfully requests Your Honorable Court to enter an Order making the Rule absolute in the form attached. Respectfully submitted, SAIDIS, BYr '''' ... . . . . . o ~ o Jim" K. Jone., [.qulre 7 In'iRe Roll' Carlisle. PA 17013-3019 (7J 7) 240-11296 (~-l pIJ DEC 1 0 1998 /J-/(J -98 t;;.;~~~~;,,,,,,,,<!~..,.,.:&.~,,,,,.~ ;,~..;""....",._"",.,-..,....., " t""\ ,-. ROSE M. FULTON. pelitloner : IN TIlE COURT OF COMMON PLEAS : CUMBERLAND CllllNTY. PENNSYLVANIA v. 95-6358 ROBERT K. FULTON, Respondenl IN DIVORCE ItESPONDENT'S ANSWER TO PETITION TO ENFORCE PROPERTY SE'ITI.EMFNT ,AND SFPAltJ\TlON AGREEMFNT I. Admilled. 2. Admilled. 3. Admilled. 4, Admilled, 5, Admilled in part ond denied in port. II is odmilled Ihol Husbond wos 10 relurn 0 piclure obove the couch bul il is denied thul h wus dumuged. Further. Pelilioner fuils 10 olloch Ihe cost of repoir which she hus murked us exhibil "U" . 6. Denied in port and udmilled in p0l1. II is denied Ihut Ilusbund conlinues to refuse 10 return these hems of personal property as by ugreement of Ihe portles Husbond hus alreody relurned these items to Wife. It is admilled Ihat parugroph 8 of the agreement provides for Husband 10 transfer a lump sum of $20.000,0010 Wife Ihrough u quolllied domeslic relotions order, The mechunics to moke Ihis transfer ure set tilrth in parugroph 8 and speuk for themselves. 7. Admllled. If Wife Inlends 10 wilhdraw Ihe $20.000,00 subsequent from the Inmsl'cr Ihrough lhe ljuulllied dl1lneslic relations mder lhe Internul Revenue Code provides till' u 20% wilhholdingto he l:redhed III Wil'c's income lax return tiled till' Ihe )'eur in which the whhdruwal is nlllde. H. Admilled in purl und denied in pur\. It is udmilled thul Pelltioner docs nol huve un IRA or olher qualilied employer to roll ovcr the funds. however, WiI'c is certainly .it.! '"" "" ROSE M. FULTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION. LAW ROBERT K. FULTON, Defendant NO. 9s-635B CIVIL TERM IN RE: CONTINUANCE ORDER OF COURT AND NOW, this Bth day of January, 1999, upon consideration of the Defendant's motion for a continuance of the hearing in this matter on Plaintiff's Petition To Enforce Property Settlement and Separation Agreement, said motion being made because Defendant was inadVertently advised of the incorrect date for the hearing previously scheduled on today's date, and Plaintiff's attorney, Johnna J. Deily, Esquire, having indicated her concurrence in the request based upon the Court's availability in the near future for a rescheduled hearing, the Defendant's motion for a continuance is granted, and the hearing in this matter rescheduled for Thursday, January 14, 1999, at 3:15 p.m. By the Court, Johnna J. Deily, Esquire 26 West High Street Carlisle, PA 17013 Counsel for Plalntiff ,.,.."J',,t ';'3/'1? .& '6-'. (' '-~(}l'\.(_..v .-, James K. Jones, Esquire 7 Irvine Row Carlisle, PA 17013 Counsel for Defendant ., 0,) :srs .57 , " ,: J " , ) ill , : .j .', . . """ I-~ .~(( v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : No. 95-6358 CIVIL TERM ROSE M. FULTON, Plaintiff ROBERT K. FULTON, Defendant ORDER OF COURT AND NOW, this 14th day of January/ 1999, upon consideration of Plaintiff's Petition To Enforcs propsrty Settle.ent and Separation Agreement, and following a hearing, it i. ordered and directed as follows: 1. Within 45 days of the date of this order, Defendant shall cause Plaintiff to receive the sum of $20,000.00 net, by whatever msans he finds most convenient. 2. Within 45 days of the date of this order, Defendant shall either (a) furnish to Plaintiff all of the follOWing: the hutch and contents not belonging to Defendant; dishes from Plaintiff's grandmother (with the exception of a cake dish); a table from the basement of the .... in r, "- .,. I .. Ill' ." "',. r.... ...: Sli, 1(1 Fl l".i ~l: . I " ,'> U IJ' marital home; a trunk and its contents not belonging to Defendant; and a Fostoria I ... vase; or J C) (b) pay to Plaintiff the sum of $1350.00; (c) provided, that in the event that Defendant does not furnish to Plaintiff all of the said items of personalty but does furnish the hutch, he shall receive a credit of $1200.00 on the sum provided for in paragraph 2(b) of this order. sf PYS510 1995-06358 . , Cumberland County ProthonotarY'B Office Civil CaBe InquIry FULTON ROSE M (VB) FULTON ROBERT K Page 1 I'll ed. . . . . . . . 1 Time I 'I' . . . t . I Execut on Date Jur~ TriaL... DtB oBed Date. II 9 er Crt 1. l II 9 er Crt 2. 1 Reference No.. I CaBe TYpe.....1 COMPLAINT - DIVORCE Judlment.I....1 .00 Jud e ABa gnedl OLER J WESLEY JR DiB oBed Dasc.l GRANTED ------------ Case Comments ------.--.... 1l/06/HU 0/00/0000 7/01/1998 ..................................................................."........... General Index Attorney Info PLAINTIFF DEILY JOHNNA J FiLTON ROSE M 4 1 NORTII BEDFORD STREET C RLISLE PA 17013 FULTON ROBERT K 1037 WAYNE AVENUE CARLISLE PA 17013 DEFENDANT WEIGEL JOHN WESLEY III ....*.......................................................................".. * Date EntrieB * ...........,..................................................................,- 11/06/1995 12/07/1995 12/11/1995 12/12/1995 12/12/1995 12/14/1995 7/03/1997 7/11/1997 7/24/1997 4/28/1998 4/28/1998 6/15/1998 6/15/1998 6/17/1998 6/25/1998 7/01/1998 7/29/1998 10/09/1998 10/15/1998 - - - - - - - - - - - - - FIRST ENTRY COMPLAINT - DIVORCE ADDITIONAL COUNT - EOUITABLE DISTRIBUTION ------------------------------------------------------------------- ENTRY OF APPEARANCE FOR DEFENDANT BY JOHN WESLEY WEIGEL III ESO ------------------------------------------------------------------- SHERIFF'S RETURN rSERVED DEFT 11/22/95) SIIERIFF'S COSTS $22.80 PO ATTY ------------------------------------------------------------------- PRAECIPE FOR BILL OF PARTICULARS BY JOHN WESLEY WEIGEL III ESO AND RULE BY IRENE E MORROW DEPUTY PROTHONOTARY AFFIDAVIT OF SERVICE (PERSONAL SERV JOHNNA J DEILY ESO FOR PLFF) ------------------------------------------------------------------- PETITION FOR COUNSELING ------------------------------------------------------------------- ORDER - DATU 12/13/95 - IN RE PETITON FOR COUNSLEING - RULE ISSUED UPON PLAINTI I' RETURNABLE 10 DAYS FROM SERVICE - BY GEORGE E HOFFER J - COPIES IL~D 12/14/95 ------------------------------------------------------------------- MOTION FOR APPOINTMENT OF DIVORCE MASTER ------------------------------------------------------------------- ORDER OF COURT APPOINTING E ROBERT ELICKER ESQ AS MASTER ------------------------------------------------------------------- PRAECIPE FOR ENTRY OF NON PROS BY JOHN WESLEY WEIGEL III ESO ------------------------------------------------------------------- AFFIDAVIT OF CONSENT - DEFENDANT ------------------------------------------------------------------- WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIV DECREE-DEFT ------------------------------------------------------------------- AFFIDAVIT OF CONSENT - PLAINTIFF ------------------------------------------------------------------- WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-PLFF ------------------------------------------------------------------- ORDER OF COURT -DATED 6/17/98 . MASTER IS VACATED - BY GEORGE E 1I0FFER PJ - COPIES MAIL'-:D 6/17198 ------------------------------------------------------------------- PRAECIPE TO TRANSMIT RECORD ------------------------------------------------------------------- DIVORCE DECREE ENTERED BY GEORGE E 1I0FFPER PJ NOTICE MAILED ------------------------------------------------------------------- gUALIFIED DOMESTIC RELATIONS ORDER - DATED 7/29/98 - BY J WESLEY LER JR J - COPIES MAILED 7/30/98 ------------------------------------------------------------------- PETITION TO ENFORCE PROPERTY SET1'LEMEN1' AND SEPARATION AGREEMENT ----------------------------------..-------------------------------- ~~~~~EME~~TK2Dlg~~tkl'IONl~Gfi~Ek~~tT!ONur, g yUF9R~fiEERB~~n~~EFEUDANT ~~tY~~A~kfL~g ?~H6~~gM DATE OF SERVl,~~,~ ~V.,J,)'~~S~"r.i>l;{!!.t:. ',f~".J) ,- - - - - - - - - - - - - - - - - - - - - - - - - - - - ... - - - - - - - :- ~ ~ - .... - ,-"';- .... _ _ ~....:- ~........~ ri T'\" ....:~ _"-.J~u. U -- . "\ ," ~_,':i"~L, hi I I', ,'.'.l '.; , "..J 'J ",1 ~ ~ / ) ':.', '.,; ".'J;I.lI-_.. " . ....__~._u. ,,' .. "'-~' . !-'4 " L.4i1 ,..... 1':- J-'.dY:'._,...,- .. .'-- ,.... .. I'll'!!'"ll"\;JrV' 1.1 I Reference No..1 caie qpe..... 1 COMPLAINT - DIVORCE Ju lEe t.!.... 1 .00 Ju e 88 gnedl OLER J WESLEY JR 018 08ed Dose. 1 GRANTED ------------ Case Comments ------------- 12102/1998 121 10/1998 PYS510 1995-06358 . , 12/1711998 1/13/11199 1/25/1999 Cumberland County prothonotary'o Office Civil Case Inquiry FULTON ROSE M (vs) FULTON ROBERT K Page 2 FlIed........1 Time. '!' . , . . . I Execut on Date Jur~ Trial.... Dis osed Date. lUg er Crt 1. I Hi9 er Crt 2. I 1l/06/!9Y~ 0/00/0600 7101/1998 PETITION TO MAKE RULE ABSOLUTE ------------------------------------------------------------------- RESPONDENT'S ANSWER TO PETITION TO ENFORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT ------------------------------------------------------------------- ORDER OF COURT - DAT,D 12/11/98 - IN RE PETITION TO MAKE RULE ABSOLUTE - HEARING 8199 AM CR 1 - BY J WESLEY OLER JR J - COPIES MAILF.D 12/211 8 ------------------------------------------------------------------- ORDER OF COURT - D~TED 1/8/99 - IN RE CONTINUANCE - GRANTED - HEARING IS RESCHED LED 1/14/99 3115 PM - BY J WESLEY OLER JR J - COPIES MAILED 1/13 99 ------------------------------------------------------------------- ORDER OF COURT - DATED 1/14/99 - IN RE PLAINTIFF'S PETITION TO ENFORCE PROPERTY SETTLEMENT AND SEPERATION AGREEMENT - BY J WESLEY ~L~R_J~ ~ : ~O~I~S_~I~E~ !/ti'~9ENTRY _ _ _ _ _ _ _ _ _ _ _ _ _ _ ..................,.,..........,.............................................**. * Esc~ow Information * * Fee8 , Debits Bea Bal Pvmts/Ad1 End Ba1 * .."...***...............................,......,...........**..*..******.***.** DIVORCE TAX ON CMPLT elTTLEMENT STER'S FEE IV PA SURCHG JCP FEE ADD'L COUNTS JCP FEE JDMT ******************************************************************************** * End of Case Information * ***.***************************************************************.**.********* _.. .~. I ,"I!"r\..,I:l ~J . .... '. ~ 't 'h I ."'\ "..' .., It .' ~ ~ j f '" .' :1 , '" . r-rl j..)". I.: ,', ", .': . ',." '....i. t---ti_ ... .' "Jtl ':Y/TY .;ti-,(.i!~~ d '.~ . X}I\:"..~ "/ \1'-:\';, vr; 35.00 35.00 .50 .50 5.00 5.00 125.00 125.00 10.00 10.00 5.00 5.00 10.00 10.00 5.00 5.00 9.00 9.00 ------------------------ 204.50 204.50 .00 .00 .00 .00 .00 .00 .00 .00 .00 ------------ .00 '. ;...1 i'j .".; , .1 ,." ld . ..... /;.'1 ~~ ~ \h ~ ~ l ~ ~~ ~ " I.nw Ollkes SAlOIS, SHUFF & MASI.AND Johnll. SlIke Rohe" C. Snldl. Oeoffrey S. Shurr Albert II, Mn.lnnd Johnnn J. ()elly Richard P. MllIlIsky t lome. n. Reid, Jr. Scoll (), Moore Knrl M. Lcdehoh", Mnrk W. AII.hou.e It I'MtU-Hli'ilnNA.I. rIlMI'IJMAlIII'" 2(, We" III~h Slreel . Pus, mike 11m ~f1l1 CarUlle,l'cnnlylvanla 17111 ~.29~(, Telephlln.: (717) 24~,(.n2' I'ncsll11l1.: (7I7124~,II4H(1 1:1111111: s~'I11(ij\.lIIIlIlIlC,CIlI11 Weat ~ho...lllllcel 211I'lM..k..S,,,,,,' CUI1II"IiIl.I'^ 171111 '1,,1<1~\Olll': 11171 H7,l4I1~ I'n"II1III,: 1717) 7)7,34117 March 1, 1999 Reply 1b C.rt1aIe The Honorable J. Wesley Oler, Jr. cumberland County Courthouse Carlisle, Pa 17013 Re I Fulton v. Fulton Dear Judge Olerl I have been contacted by James K. Jones, Esquire, regarding the supersedeas bond that is required for appeal. I do not have an objection to an order which would provide that a 401K could not be die.tpated by Mr. Fulton pending the decision of the Superior Court. Should you require anything else from myself or my client, plea.e do not hesitate to contact me. Very truly yours, Jo JJD/js CCI James K. Jones, Esquire Rose Fulton MAR - I .. t {'tllilird I" jj ('jlll '1liill AlI\'I\.ltl' h) IIII' NilllllOllllllliluJ I111)illl AI1\1l1."l1l. ^ l'l'lln\)I\itllill SUI'Il'lIIl' (""1ll1 AH'Il'\hlrd ^rrm) ~ ~ ROSE M. FULTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIl. ACTION - LA W : IN DIVORCE ROBERT K. FULTON, Defendant : NO. 95-6358 CIVIL TERM APPliCATION FOR SlJPERSFDEAS PENDINO APPEAL I. On JanulU')' 14, 1999, this Court ordered Defendant to pay $21,350.00 to Plaintiff. 2, Defendant is a participant in a 401(k) plan through his employer at Capital Blue Cross that currently has assets which exceed the sum ordered to be paid. 3. Defendant has filed an appeal to the Superior Court of the Court Order. 4. Pennsylvania Rules of Appellate Procedure 1731(b) penults the trial court to grant supersedeas of orders provided security is posted in an amount and under the tenus set within the discretion of the court. 5, Defendant consents to a court order whereby he is enjoined from wlthdmwing funds from the 401(k) account pending final resolution of his appeal. 6. Defendant believes and therefore avers that this is adequate security for Plaintiff pending appeal. &~ ~ J.... K........ bq.lre 7 IMIlll Row Carllllc. PA 17t113-3019 (717) 24()~'296 ,;J-/.'). -99 --- . . - .- ..,....., .. ROSE M. FULTON, PlalntlO' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W : IN DIVORCE : NO. 95-6351 CIVIL TERM v. ROBERT K. FULTON, Defendant CONCISE STATEMENT OF THE MA rmRS COMPLAINED OF ON API'EAL I. The Court pennltted parol evidence relating to Plaintiffs interpretation of paragraph 3 and 8 of the parties' Property Selllemenl and Separation Agreement. 2. The Court's order improperly modifies the parties' Property Settlement and Separation Agreement contrlu)' to 20 I'a. C. S. ~3105(c) in the following manner: a, loe Court Order provides for payment by Defendant of $20,000.00 net to PlaintllT; b. The Court Order modifies the source from which Defendant is to pay I'laintllT; c, loe Court Order modifies the time period in which the sum agreed upon Is to be paid to PlaintilT; and d. The Court Order shlfts the tax consequences from I'laintllT as Bet forth in the agreement to Defendant. 3. llte Court erred in relying upon I'lalntil1's value of the personal property as It is based upon Defendant's estimate which lacked a proper foundation, 4. The Court errcd in detemlining that Defendant was rcsponsible for the Items of personal property failing to reach Plaintln's possession. Respectfully sublllilled, ') --'., ( , ?t'/~ --- Jangi K. Joncs, EsqtlTrc Allorney fi.Jr Dcfcndallt 7 Irvine Row Carllslc, P A 17013 (717) 240.02% L1 ....-..~ --'-" f;"~ n,A eo"" " u ^ -- I N D E X TO W I T N E S S E S FOR TilE PLAINTIFF DIRECT CROSS REDIRECT RECROSS Ro.. Fulton 4 36 41 FOR THE DEFENDANT Rob.rt Fulton 47 55 --------------------------------------- I N D E X TOE X II I BIT S FOR THE PLAINTIFF MARKED No. 1 - property settlement and 3 separation agreement No. 2 - deed 3 No. 3 - not identified 3 No. 4 - letter 3 No. 5 - estimate 3 No. 6 - client ledger 3 No. 7 - photograph 3 FOR THE DEFENDANT None ADMITTED 46 46 46 46 ~ ~ 1 January 14, 1999 2 Courtroom No. 1 3 2115 p.m. 4 (Whereupon, 5 Plaintiff's Exhibits Nos. 1 through 6 6 were marked for identification.) 7 MS. DEILYI Good afternoon, Your Honor. 8 THE COURT 1 Good afternoon. This is the time 9 and place for a hearing on the Petition To Enforce property 10 settlement and Separation Agreement filed on behalf of the 11 Plaintiff, Rose M. Fulton. We will let the record indicate 12 that she is present in court with her counsel, Johnna Deily, 13 Esquire. The Defendant, Robert K. Fulton, is also present 14 15 16 17 18 19 20 with the personal property, but obviously the petition also 21 indicates that there's a problem with -- alleged problem 22 with the IRA. I'm not sure what relief, as far as the 23 record is concerned, that the plaintiff is seeking in regard 24 to the Blue Cross IRA or -- yeah, 401K. I'm sorry. 25 MS. DEILYl Your Honor, that is correct. My in court with his counsel, James K. Jones/ Esquire. Are counsel ready to proceed? MS. DEILYl Yes/ Your Honor. MR. JONESl Yes, Your Honor. I would have one clarification though just as part of the record. The relief sought, as far as the petition is concerned, deals 3 ~ --- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 client, the reason why it was left blank as to the exact nature of what she would be seeking was due to the fact that there was a tax problem here. Our remedy would be either for the Defendant to pay the tax liability or to restructure the QDRO so to increase the value of the money that was taken from the 401K to make-up the difference in the tax. Your Honor, I believe that's a call that you can make as part of your judgment, in the event that the relief as requested is granted. THE COURT: Are you asking to amend your petition to claim that relief? MS. DEILY: Yes, Your Honor. THE COURT: Mr. Jones, do you have any objection to that amendment? MR. JONES: I have no objection to making the amendment. THE COURT: MS. DEILY: THE COURT: MS. DEILY: Whereupon, Okay. Thank you. Ms. Deily. I will call Rose Fulton. ROSE FULTON haVing been duly sworn, testified as followSI DIRECT EXAMINATION BY MS. DEILY: 4 ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Rose, would you please state your full name for the record? A Rose M. Fulton. Q And where do you live? A I'd like my address listed as 411 North Bedford street, Carlisle, Pennsylvania, 17013. Q Where are you employed? A National Health systems. Q Now you were the Plaintiff in a divorce action filed by Robert K. FUlton, is that correct? A Yes. Q When were you separated from Mr. Fulton? A on November 1st, 1995. Q And your divorce has been finalized, is that correct? A Yes, July 1st, 199B. Q Now part of that divorce also included a property settlement and separation agreement, is that correct? A Yes. Q And you and Mr. Fulton both executed the agreement as part of your equitable distribution of your marital property, is that correct? A Yes. Q I'm going to show you what I have had marked 5 3 --- ~ 1 ae Plaintiff's Exhibit A. 2 THE COURTl No, we mark them as numbers. MS. DEILYl Oh, I'm sorry. Number one. It 3 4 has been marked, Your 1I0nor. I apologize. It's number one. 5 Now referring to the property settlement agreement -- 6 THE COURTl What is Plaintiff's Exhibit 1? I 7 need the witness to say what it is. 8 BY MS. DEILYl 9 10 No.1? Can you please identify Plaintiff's Exhibit Q 11 12 13 14 15 16 A Property settlement and separation agreement. Q What is the date on that agreement? A April 27th, 1998. Q As far as you know, this was also made part ot the record in your divorce proceeding, is that correct? A Yes. 17 Now in order to finalize this property Q 18 settlement agreement, how did we come about the terms ot 19 this agreement? 20 MR. JONESl Your lIonor, I'm going to object 21 ae to relevancy. I think it really is where it all comee 22 down to the crux as far as this whole matter is concerned. 23 our position is that paragraph eight, dealing with the 401K 24 plan, is not ambiguous. It is clear as to how much is to be 25 distributed and how it is to be distributed. The property 6 7~ ~ ~ 1 Bettlement agreements are just like contracts, and if there 3 is no ambiguity, the Court can't look outside the four 3 corners of the agreement in order to determine its meaning. 4 Our position is that the meaning of paragraph 5 eight is clear. It's even supplemented by the QDRO, which 6 indicates that this is to be received as a retirement 7 benefit under paragraph c, and that the Plaintiff to that 8 extent should not be permitted to supplement the meaning of 9 or the interpretation of what's contained within the 10 agreement itself. 11 THE COURT: All right. Ms. Deily, do you 12 have a response to that objection? 13 MS. DEILY: Yes, Your Honor. I believe that 14 you will need to listen to the oral testimony as to the 15 terms of the agreement because paragraph three of the 16 agreement as well as paragraph eight of the agreement are 17 the crux of the entire equitable distribution of the 18 parties' marital property. I believe that since it is 19 ambiguous as to the treatment, especially with the wording 20 of the QDRO that was prepared by Defendant's attorney, that 21 you will need to hear testimony as to what the terms were 22 and what the understanding of those terms were at the time 23 of the negotiating with the property settlement agreement as 24 well as at the time of the signing of the agreement. 25 THE COURT: Do you first want to place on the 7 S ~ A 1 record some sort of foundation for this in terms of reading 2 into the record what the contested portions of the agreement 3 are and then what has happened that has led to a difficulty? 4 MS. DEILYl Yes, Your Honor. I will have the 5 witness. I had provided her with Plaintiff's Exhibit No.1. 6 I would like for her to read paragraph number three, first 7 of all, of the property settlement agreement and its terms. 8 Do you have that in front of you? 9 MR. JONES: Your Honor, I believe that 10 Exhibit 1 is already part of the record as the property 11 settlement agreement. That was incorporated into the 12 decree. 13 MS. DEILYl That's correct, Your Honor, but 14 for ease of the hearing this afternoon, I believe that it's 15 important that we reiterate certain and highlight certain 16 paragraphs of the agreement so that you may make a 17 determination as to what the outcome will be. 18 TilE COURT: I think that would be helpful for 19 purposes of a rUling upon your objection, Mr. Jones. 20 MR. JONESl That's fine. 21 BY MS. DEILY: 22 Q Go ahead, Rose, please. 23 A The parties are the owners of cprtain real 24 estate with improvements thereon erected known as 1037 Wayne 25 Avenue, carlisle, Cumberland county, Pennsylvania. 8 ~ A 1 Wife agrees within 30 days of the signing of 2 this agreement to convey said real estate to husband by 3 special warranty deed. Husband shall assume full 4 responsibility for all household expenses including, but not 5 limited to, the mortgage to Financial Trust, now Keystone 6 Financial, and the Dauphin Deposit home equity loan, liens 7 of record, utility bills, insurance and real estate taxes in 8 connection with said property. With regard to all such 9 expenses, husband hereby agrees to hold wife harmless and 10 indemnify her against any loss thereon. 11 Further, husband agrees to refinance said 12 loaning obligations by June 15th, 199B. At the time of 13 refinancing, husband will pay to wife the sum of $5000.00, 14 which represents a portion of her equity in the marital 15 home. 16 Q Thank you, Rose. Could you also please read 17 paragraph number eight of the property settlement and 18 separation agreement? 19 A In exchange of her equitable share of the 20 marital portion of the remaining interest in the real estate 21 and husband's retirement and pension accounts, husband shall 22 pay to wife the sum of $20,000.00. This shall be paid in a 23 Qualified Domestic Relations order from husband's 401K plan 24 at Capital Blue Cross. Both parties shall cooperate to 25 effectuate a transfer of these funds as quickly as possible. 9 77 ~ '" 1 Q Thank you. 2 THE COURT: Did you say, in exchange of? And 3 I guess that is the way it reads, does it not? 4 MS. DEILY: In exchange of her equitable 5 share of the marital portion 6 THE WITNESS: In exchange of her equitable 7 share of the marital portion of the remaining interest in 8 the real estate and husband's retirement and pension 9 accounts 10 THE COURT: All right. Thank you. 11 BY MS. DEILY: 12 Q Now, Rose, how did we get to the point of 13 negotiating this property settlement separation agreement? 14 THE COURT: I need to know what problem has 15 arisen that causes some difficulty with those provisions. 16 MS. DEILY: Well, Your Honor, what I'd like 17 to present for that is what I have had marked as Plaintiff's 18 Exhibit No.4. 19 BY MS. DEILY: 20 Q Rose, could you please identify what this 21 exhibit is? 22 A This is a letter from Blue Cross Blue Shield 23 Association from an Ellen Ellwanger, manager, benefits 24 compliance and 401K programs. 25 THE COURT: How do you spell her name? ~1 10 ~ - 1 THE WITNESS: Ellen, E-l-l-e-n. Middle 2 initial, M. Last name, E-l-l-w-a-n-g-e-r. 3 THE COURT: Thank you. 4 BY MS. DEILY: Q To whom is this letter addressed? A To Johnna Deily, my attorney. Q To whom was the letter copied to? A It was copied to Robert Fulton, Rose Fulton, John Weigel, and a Chris Miceli. M-i-c-e-l-i. 5 6 7 8 9 Q And John Weigel was the attorney that had 11 originally represented Mr. Fulton when we were negotiating 12 the property settlement, is that correct? 13 14 A Yes. 15 please begin reading where it says, page four of the special 16 tax notice. Do you see that? It's about the fifth 17 paragraph down. 18 Q Now specifically in this letter, could you 19 that the rules that apply to payments to employees also 20 apply to former spouses who are alternate payees. Under the 21 IRS rollover rules that apply to employees and alternate 22 payees, certain distributions from qualified retirement 23 plane are considered eligible rollover distributions. In an 24 A Page four of the special tax notice provides 25 directly to an alternative -- to an alternate payee, and not eligible if an eligible rollover distribution is paid 11 79 ~ A 1 rolled over to another qualified retirement program or 2 individual retirement account, IRA, then 20 percent of the 3 amount is to be withheld for taxes. Ms. Fulton should 4 consult with a tax advisor before she elects to receive this 5 distribution. 6 Q Now, Rose, before I have you read further, do 7 you have a qualified retirement program or an IRA at this 8 time that you would be eligible to rollover any monies 9 received under this pension plan? 10 A No, not at this time. 11 Q okay. Could you please continue reading the 12 next paragraph? 13 A In response to your october 5 letter, if Hs. 14 Fulton elects to have the QDRO distribution paid directly to 15 her and does not elect a direct rollover to a qualified plan 16 or IRA, then 20 percent will be withheld and sent to the IRS 17 to be credited toward her tax liability. Her payment will 18 be 80 percent of $20,000.00 or a net payment of $16,000.00. 19 Alternatively, if she electes a direct rollover of the QDRO 20 to a qualified plan or IRA, a payment of $20,000.00 will be 21 made from the program and Ms. Fulton will be able to defer 22 the taxes until a later date when she withdraws the funds. 23 Q Again, do you have any type of a pension or a 24 qualified plan that would allow you to rollover the money 25 that's received from the 40lK plan to avoid that tax 12 6 ~ . 1 liability? 2 A No. 3 Q Okay. And will you please continue reading 4 the last paragraph? 5 A If the alternate payee does not intend to 6 rollover the QDRO distribution and it was agreed that she 7 would receive the net amount of $20,000.00, then the QDRO B would need to be amended. In order to receive a net check 9 amount of $20,000.00, the amount of the retirement benefit 10 specified in the QDRO should be $25,000.00. 11 Q Thank you. 12 THE COURTl I think that's enough of a 13 foundation for the issue of the objection. Ms. Deily, what 14 is your interpretation of that, those clauses in the 15 agreement? 16 MS. DEILYl In the property settlement 17 agreement? Well, Your Honor, I believe that you will need 18 to hear testimony from my client. The underetanding for 19 the-- 20 THE COURTl No, I don't want the 21 understanding. Right now, I'm trying to decide whether to 22 allow parole evidence in, and I need to know what your 23 position is as to what that clause means. 24 MS. DEILYl It's my client's position that 25 the two paragraphs, paragraph number three and paragraph 13 I ~ ; L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ . number eight, coupled together provide for a distribution of $25,000.00 in exchange for my client's share of the marital portion of the house as well as a waiver of his retirement and his pension plan. I also have to present into evidence a copy of the deed showing that she did transfer her interest. She signed the property settlement agreement waiving his retirement and pension, and altogether taken together, the net amount that my client should receive i8 $25,000.00. THE COURT: All right. Mr. Jones, what i. your interpretation of that clause in the agreement? MR. JONES: The interpretation is squarely within the four corners in that there was an agreement under paragraph three that she would receive $5000.00 subsequent to Mr. fulton refinancing, which has already been done. That has already been taken care of. Paragraph eight though indicates that she will receive $20,000.00 payable through a QORO from his 401K. And paragraph c of the QORO then indicates -- and this is the second line of the second page -- I'm sorry, it's paragraph e -- pursuant to the divorce decree entered on July 1, 1998, the alternate payee shall receive a retirement benefit from the program in an amount of the lesser, paragraphs one or two. One or two are the amounts as follows: either the amount that's actually in the program or $20,000.00. Clearly she's to receive it 14 gJ ~ ~ 1 as a Qualified Domestic Relations order to an alternate 2 payee. 3 If she subsequently decided to take it as 4 cash, certainly it shouldn't be my client's burden, under 5 the agreement, to pay for any tax consequences. It's clear 6 within the wording of paragraph eight and the QDRO that she 7 is to receive $20,000.00 in a QDRO from the 401K. clearly, 8 there are tax consequences and rules that apply to that type 9 of transfer. There is nothing within the agreement that 10 changes those requirements under the transfer. Under the 11 agreement and the QDRO, she receives a retirement benefit of 12 $20,000.00 from the 401K. I don't see any ambiguity at all 13 as far as the terms of the contract, and that is what my 14 client understood it to be when he signed it. 15 THE COURT: All right. The Court will permit 16 parole ~vidence to be received on the meaning of the clause 17 in the agreement that is at issue. 18 19 BY MS. DEILY: MS. DEILY: Thank you, Your Honor. 20 Q Now, Rose, how did we come about negotiating 21 the terms of the property settlement agreement? 22 A We met in your office. We, meaning who? Robert Fulton, myself, John Weigel, and you. Again, John Weigel had previously represented 23 Q A 24 25 Q 15 rJ ~ ~ A Q A Q pension? A Q 16 ~ -- 1 BY MS. DEILY: 2 Q That was your marital home? 3 A Yes. 4 Q Now when we were at the four-party 5 conference, you had negotiations with Mr. Fulton as to how 6 the $25,000.00 was to be paid, is that correct? 7 A Yes. 8 Q And what was your understanding of how that 9 was to be paid out? 10 A How I wanted it to be or -- 11 Q How you wanted it to be first? 12 A Well, I had hoped that he would refinance the 13 property for the full $25,000.00 and I would be paid that 14 way, but he said that he could only manage to refinance it 15 for an additional $5000.00, and so I cooperated and signed 16 it over and was to get the $20,000.00 from the retirement 17 plan. 18 Q Did we discuss at the time of the four-party 19 conference that he had sufficient funds in his retirement 20 plan or in his 401K plan that would enable him to pay you 21 the $20,000.00? 22 A Yes. 23 0 And your concern at that time was what? 24 A My only concern was, I was told at that time 25 that I might have to wait up to a year to get the money, but 18 '-& ......~...... .. "" ,-. 1 there was never anything stated to me that I would get 2 16,000 because 4000 would be deducted for taxes. I 3 understood that I was getting $20,000.00. 4 Q okay. And Mr. Weigel at that time had agreed 5 to prepare the QDRO, as he had previously been in contact 6 with Blue Cross and Blue Shield, is that correct? 7 A Yes. 8 Q So other than having to possibly wait longer 9 than you would have for a cash payout or the refinancing, 10 you had agreed to execute a QDRO and cooperate into 11 executing a QDRO on the understanding that you would receive 12 $20,000.00 eventually? 13 A Yes. 14 Q Now in the letter that I had previously 15 marked as Plaintiff's Exhibit No.4, one of the options was 16 to amend the QDRO, is that correct? 17 A Yes. 18 Q And if that was amended for you to receive 19 $25,000.00, what is your understanding of what you would be 20 receiving under that QDRO? 21 A It's my understanding that I would receive 22 $25,000.00, that I would have to use the extra $5000.00 to 23 pay the taxes on it. It would, of course, be included in my 24 income for the year that the money was distributed, and I 25 would have to pay him money back. 19 ~ """ ~ 1 TilE COURT I This isn't clear. The question 2 was, one of the options was that you could get $25,000.00. 3 It sounds as if that was one of the options discussed at 4 this conference. 5 THE WITNESSI No. TilE COURT I All right. When was that option 6 7 raised? 8 THE WITNESS I The first time I saw it was 9 when I received this letter. 10 THE COURT I I see. 11 MS. DEILYI Your Honor, the $25,000.00 are 12 two different figures. 13 TilE COURT I I understand, but the record just 14 wasn't clear the way the question was asked. 15 MS. DEILYI Okay. 16 BY MS. DEILYI 17 Q One of the options is to amend the QDRO to 18 take out an additional $5000.00, is that correct? 19 A Yes. 20 Q okay. And then you would be assuming the taK 21 liability, but net in-pocket would be $20,OOO.00? 22 A Twenty thousand. Okay. Now you had started to state that you 23 Q 24 would pay him back, meaning Mr. fulton, if you received any 25 refund back from the IRS? 20 'it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ A Right, if I didn't need the entire 5000 to pay the taxes on the 20,000. Q You would be willing to give him it back? A I would have to give him back any surplus funds. That's my understanding of it. Q Okay. THE COURT: You said at one point, you said, $16,000.00, and then at another point, we're talking about an extra $sOOO.OO? THE WITNESS: Okay. The way that the plan is written, in order for them to pay me $20,000.00, they would deduct $4000.00. They would take the 20 percent taxes off of it. THE COURT: Deily. I've got it. I understand. Thank you. Ms. BY MS. DEILY: Q Now, Rose, is there another alternative that you see other than amending the QDRO? A If there were some way that I would get the 16,000 and he would pay me the additional 4. I feel, from the settlement, that I'm entitled to the $20,000.00, and that's what I would like to have happen. Q So if Mr. Fulton could receive the 401K plan himeelf A That would be another option, if he were to 21 [ IllI\ ~ 1 withdraw the QDRO or the QDRO were rewritten so he withdrew 2 the money. And in that way, that extra $5000.00 wouldn't be 3 involved in my finances or any income for the year. 4 Q And you would be receiving the $20,000.00 5 that you had intended to receive when you were negotiating, 6 is that correct? 7 A Right. Okay. Now moving off of the QDRO and the 8 Q 9 401K, you also had in your part of your property settlement 10 and separation agreement a provision to split up your 11 personal property, is that correct? 12 A Yes. 13 Q Do you still have the property settlement 14 agreement in front of you? 15 A Yes. 16 Q I'd ask you to refer to paragraph six in the 17 agreement. Could you please read the introductory 18 paragraph? I won't have you read all of the property yet 19 but the introductory paragraph. 20 A The parties hereto mutually agree that they 21 have effected a satisfactory division of the furniture, 22 household furnishings, appliances, tools and other household 23 personal property between them, except for the following 24 items, which shall go to the wife. 25 Q And then listed there, there's about 15 items 22 .. ~ ~ 1 not belonging to husband. I did not receive my 2 grandmother's dishes. I did receive the cake dish but not 3 the dishes. I didn't receive the Fostoria vase. 4 THE COURT I Wait. This is going too fast. 5 You did not receive the hutch or the c~ntents 8 THE WITNESS: Not belonging to husband. THE COURT I okay. THE WITNESS: I did not receive my 6 7 9 grandmother's dishes. I did receive the cake dish but not 10 the other dishes. 11 THE COURT: okay. with the exception of the 12 cake dish, you did not receive the dishes. 13 THE WITNESS: I did not receive the Fostoria 14 vase. 15 THE COURT: The what? 16 THE WITNESS: Fostoria vase. 17 THE COURT: Fostoria? 18 THE WITNESS: Yeah. 20 THE COURT: How do you spell that? THE WITNESS I F-o-s-t-o-r-i-a. 19 22 THE COURT: All right. THE WITNESS: I did not receive the trunk and 21 23 its contents not belonging to husband in the spare bedroom. 24 I received the desk and chair, but I did not receive the 25 contents in the desk that belonged to me, with the exception 24 4A ~ ~ 1 of a few pencils. And I didn't receive the old table in the 2 basement. 3 BY MS. DEILY: 4 Q You received everything else? 5 A I received the rest, yes. 6 Q Now when we were in the four-party 7 conference, again referring you to the time frame that we 8 had all met, what was your understanding of how you would 9 receive the balance of your personal property? 10 A Bob did not want me to come to the house and 11 pick up the property, so he agreed that he would deliver it 12 to my parents' house. 13 Q Where do your parents live? 14 A 411 North Bedford street, Carlisle. 15 Q How far away is that in relation to your 16 home? 17 18 19 20 21 22 23 front porch of the house. We did get a number of boxes and 24 items. 25 THE COURT: Did they all come at once? A A mile and a half I two miles. Q okay. Continue. A I asked him in that meeting if he would please deliver it to their side porch and make sure that it was delivered in good weather, and he agreed to do that. But the boxes and things that he did deliver, he put on the 25 ~ ~ 1 TilE WITNESS I No. It was spread out over 2 many weeks. 3 TilE COURT I okay. 4 5 6 7 BY MS. DEILYI Q Now you did receive some of those itsms? A Yes, some of those items were in the boxes. Q As far as you were aware, Mr. Fulton returned those items in boxes to your parents' home? 8 9 10 A Yes. Q Okay. Now I think I will have this marked. 11 I'm going to have this marked as Plaintiff's Exhibit No.7. 12 (Whereupon, 13 Plaintiff's Exhibit No. 7 14 was marked for identification.) 15 BY MS. DEILYI 16 Q Can you please identify what's been marked as 17 Plaintiff's Exhibit No.7? 18 A This is the hutch listed in the property 19 settlement that I was to receive. 20 TilE COURT I Is that a photograph? TilE WITNESS I Yes, it is. TilE COURT I All right. 21 22 23 BY MS. DEILYI 24 Q A Did you take that photograph, Rose? Yes, I did. 25 26 ( ~ "'" 1 on occasions when I would know they'd be gone for hours, if 2 I wasn't at work, I would drive by to make sure that nothing 3 had been left. 4 5 other items that were not delivered to you from Hr. Fulton? Q Did you at any time see the hutch or the that the hutch or any other items were on their property? A No. Q At any time did any neighbors contact you to say that there was a hutch there on your parents' property? A No. Q Now have you asked Hr. Fulton to have those items returned back to you? 6 7 8 9 10 11 12 13 14 15 16 A No. Q At any time did your parents make you aware A Yes. Not recently, but I have. Since the summer. Now one of the items that Q 17 you were to receive was a picture, is that correct? 18 19 picture. 20 21 Yes, I was to receive my grandmother's A Q What was on that picture? It was a picture of a child that had hung in A 22 my grandmother's living room for as long as I can remember. 23 okay. And that was one of the items that was 24 to be returned to you as part of the property settlement? Q 25 A Right. 2B 9~ '"" ~ 1 believe, wae sustained, is that correct? 2 THE COURT I Yes. 3 MS. DEILYI Your Honor, I'm not asking her to 4 identify this any longer as I don't have the woman from the 5 gallery. I'm just aSking if she has received any kind of 6 knowledge as to what the cost would be to repair this 7 particular damage to the picture. 8 THE COURT I Wouldn't that be something she 9 learned from somebody else that would simply be hearsay? 10 MS. DEILYI Yes, Your Honor. 11 THE COURT I The objection is sustained. MS. DEILYI Okay. 12 13 BY MS. DEILYI 14 Q Is your picture in the condition it was when 15 you left the property? 16 A No, it isn't. 0 Left your home. It's not? A No, it's not. It's in three pieces. 0 It's in three pieces? A Yes. 0 specifically, what was done to the picture? A It was removed from the frame that it had 17 18 19 20 21 22 23 always been in, and because of the age of the -- it wasn't a 24 painting, it was a picture. And because of the material 25 that it was printed on, when it was taken out of the frame, 30 ( "" ~ 1 it was pretty much destroyed. 2 Q Has the picture ever been removed from the 3 frame when it was in your marital home? 4 A No. 5 Q So it was your understanding that the picture 6 was to be delivered in an in-tact -- 7 A Yes. 8 Q -- condition? 9 A Yes. 10 Q Now do you have a value or any way to place a 11 value on the items that have not been returned to you? 12 A Well, with regard to the hutch, which is 13 probably the most valuable item, Bob, Mr. Fulton, prepared a 14 list of the property in the home, and on that list, he 15 included the hutch. He valued all of the items. And he 16 valued the hutch at $1200.00. 17 Q That came from Mr. Fulton? 18 A That came from Mr. Fulton. 19 Q That was part of a negotiation as far as the 20 value of all the personal property? 21 A Yes. 22 Q How about any of the other items? Are they 23 more of value, like your grandmother's dishes, do they have 24 a value to themselves or more of a sentimental value? 25 A All of the items that I asked for either 31 "'" ~ 1 belong to my daughter, and she hoped to get them, or they 2 had sentimental value to me. 3 Q You have no way of placing a value? 4 A So it's really difficult, you know, to eay 5 how much thsy're worth. 6 Q Okay. 7 THE COURT: Leaving off the sentimental part 8 of it, how much are they worth, in your opinion? 9 THE WITNESS: Including the hutch, I'd say 10 $1200.00 to $1500.00. 11 BY MS. DEILY: 12 Q Was the set of dishes from your grandmother a 13 full set? 14 A No, it was just some pieces that she had 15 given to me, so it's -- 16 Q Now I'll ask you one last time to refer to 17 the property settlement and separation agreement that had 18 been marked as Plaintiff's Exhibit No.1. And I'll direct 19 you to paragraph number 19. Could you please read that? 20 A In the event that either party breaches any 21 provision of this agreement, and the other party retains 22 counsel to assist in enforcing the terms thereof, the 23 parties hereby agree that the breaching party will pay all 24 attorney's fees, court costs and expenses incurred by the 25 other party in enforcing the agreement. 32 ~ ~ 1 A $540.00. 2 MS. DEILY: Your Honor, I would ask at this 3 time to amend the complaint for an amount specific for 4 reimbursement of attorneY'e fees, if you should find that 5 Mr. Fulton has breached the terms of the property settlement 6 agreement, to include the $540.00 that my client has had to 7 pay in order to enforce the agreement. This does not 8 include time for the last hearing, the time when we 9 appeared, assuming that we would have the last hearing for 10 today's time. It is up to include January 4th of 1999. 11 THE COURT: Mr. Jones. 12 MR. JONES: This is the first time I've heard 13 of this. I mean, there's nothing in the complaint 14 requesting attorney's fees to enforce it. There's been no 15 mention at all prior to this point. The question of relief 16 certainly doesn't because certainly, as I indicated before, 17 that was only for return of personals. There is no request 18 in the petition at all as far as attorney's fees. 19 MS. DEILY: Your Honor, that's why I asked to 20 amend the complaint. Mr. Jones And I had -- well, Mr. 21 Weigel and I initially had been negotiating this, and asked 22 for the return of attorney's fees, and Mr. Jones and I also 23 discussed this prior to the time that we came to the last 24 hearing. 25 MR. JONES: There were discussions as far as 34 I . ~ --- 1 relief. There were no discussions though as far as 2 attorney's fees are concerned. There certainly isn't any 3 notice in the petition she's going to be asking for 4 attorney's fees. 5 MS. DEILY: Your Honor, the property 6 settlement agreement provides for a remedy in the event that 7 there's a breach, and I would ask at this time if you should 8 find that Mr. Fulton has breached the terms of the property 9 settlement agreement by not returning the personal property 10 or by not complying with the requirement to pay my client 11 the $20,000.00, that she be reimbursed the attorney's fees 12 that were out-of-pocket, as provided for in the property 13 settlement agreement. 14 MR. JONES: My point is, we should at least 15 have received notice of this prior to the time that she 16 testified or at least the time of the hearing so we could 17 prepare for trial. 18 THE COURT: The request to amend the petition 19 to include any demands for attorney's fees is denied. Ms. 20 Deily. 21 BY MS. DEILY: 22 Q Rose, to sum this up, you're requesting what 23 remedy from the Court today? 24 A Well, if there was any way that I could get 25 the personal property, I would rather have it than the 35 ~ --- 1 money, but I don't foresee that happening, so I would ask 2 that there be some way that I get the $20,000.00. That's 3 what I expected to get, and I feel that I'm entitled to 4 that, and some monetary value for the hutch and the other 5 items. 6 THE COURT: Thank you. 7 MS. DEILY: Thank you, Rose. 8 THE COURT: Mr. Jones. 9 CROSS EXAMINATION 10 BY MR. JONES: 11 Q Mrs. Fulton, you've read so well so far, 12 could you read paragraph 20, please? 13 A This agreement constitutes the entire 14 understanding between the parties and there are no 15 covenants, conditions, representations, or agreements, oral 16 or written, of any nature whatsoever, other than those 17 herein contained. 18 Q You were permitted to explain the background 19 as far as what led to the arriving at the $20,000.00 figure, 20 and I believe you indicated that you took all of your assets 21 and split them 50/50? 22 A Yes. 23 Q And if you received $20,000.00, then he gave 24 up $20,000.00, that that would make a 50/50 split, is that 25 correct? 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ A $25,000.00. Q $25,000.00 altogether, that's correct. So if you received 25,000, and he gave up 25,000, you would be even? A Yes. Q What you're asking for now is for him to give up $30,000.00 so you can wind up with $25,000.00, is that correct? A No. Q You're asking him to give up $25,000.00 in his 401K? A No, I'm not asking him to do that. I'm asking for the $20,000.00 that I understood in the terms of the agreement. I got 5000 of the 25 when he refinanced the house, but I expected to get another $20,000.00 not 16 after $4000.00 was deducted for taxes. Q I understand what you expected, but what you're asking this Court to do is, for him to take $25,000.00 out of his account and give that to you so that you would wind up with the 20,000 in cash? A I'm aSking the Court for the $20,000.00. Q How do you propose that be done? A I can receive the 16,000, and he can make-up the other 4. Q Which means that he would have to take 37 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 "" ~ $4000.00 out of his pocket in order to give that to you? A Right. Q Which, in essence, would have him give you $24,000.00, between the $20,000.00 from his account and the $4000.00 in taxes, for a total of 29,000? A No, I expected to get $20,000.00. Q I understand what you expected to get. I'm trying to get to the point where you negotiated a 50/50 split, and I'm trying to see how exactly you want that to come about? A I wanted him to refinance the house and pay me the $25,000.00 out of that refinancing of the house. He would only take the money out of his retirement. That was his decision. I cooperated. I even found out that I would have to wait up to a year in order to get the $20,000.00. But at no time did I think it would be any less than the $20,000.00. If I only get 16, and I only got 5 before, that's only $21,000.00, it's not 25. Q But you understand, you can get $20,000.00 retirement benefit as you referred to in the Qualified Domestic Relations Order? A I understand that. However-- Q But that's not what you wanted, is that what you're saying? A But this money is not just retirement money. 38 "'" ~ 1 This represents my share of the assets in the marriage. It 2 was his choice to take it out of the retirement account and 3 I-- 4 Q But you agreed to that? 5 A Yes, I agreed to it. 6 Q Okay. Now what I'm trying to understand from 7 you is how you're going to reserve a 50/50 split through a 8 proposal to this Court, if you can indeed modify the 9 agreement, as to how that is exactly going to take place 10 without disturbing the 50/50 split? Is it possible? 11 A Well, it will disturb the 50/50 split for one 12 or the other of us, that's true. 13 Q But the agreement was that it would be a 14 50/50 split? 15 A Yes. 16 Q You also indicated, you discussed with your 17 attorney at the time that you were looking for $25,000.00 in 18 cash. Was that actually mentioned at the time of the 19 four-party conference, that you wanted $25,000.00 in cash? 20 A Yes. 21 Q Or that you wanted $25,000.00 as your 22 interest in the house and pension fund? 23 A Yes, I was to receive $25,000.00 as my 24 interest in the joint assets. That was my share of the 25 assets. 39 ~ --- 1 Q And you understand, under the terms of the 2 401K, that Mr. Fulton has to wait for his benefits until the 3 time he's at least 59 and a half? 4 A Yes. 5 Q And you're not willing to do that? 6 A I would be willing to do that if this money 7 was solely my share of his retirement, but it is not. We 8 owned property together. I gave up virtually all the 9 property in the house. 10 Q And you agreed to that? 11 A And I agreed to that. But I expected to get 12 $25,000.00 not 21. 13 Q I believe one of your proposals as to how 14 this could be done is if he removed the cash himeelf and 15 pays you the 20,000? 16 A Yes. 17 Q That would require him to remove $25,000.00 18 from his account, is that correct? 19 A I understand that, yes. 20 Q with regard to personal property, under the 21 terms of our agreement, he was to make those deliveries to 22 your parents' house, is that correct? 23 A Yes. 24 Q You acknowledge, you did receive some of 25 those items? 40 1 2 ~ ~ A Some of them, yes. And it was not all -- the deliveries were not Q 3 made all at once, it was over that 60-day period, is that 4 correct? 5 6 A Yes. Q And the deliveries you did receive were to 8 7 your parents' house? 9 A Yes. Q With regard to the hutch which, I believe, is 10 Exhibit No.7, did you ever move that hutch to clean or 11 anything else around that area? 12 13 A Pushed it. It had rollers on it. Q Okay. So you were able to push it in order 14 to clean around that area and push it back to where it was 15 originally? 16 17 18 19 20 have. 21 22 A Yes. Q Okay. And you did that alone? A Yes. MR. JONES: Those are all the questions I THE COURT: Mr. Deily. MS. DEILY: One more. 23 REDIRECT EXAMINATION 24 BY MS. DEILY: 25 Q Rose, at the time you were negotiating the 41 lOt 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ property settlement agreement, didn't you actually agree to receive less than a 50/50 share of the tallied items ae long as you received a cash settlement of $25,000.00? A Yes. Q Isn't it true that when all the property was added up, all the marital assets added up, you were actually entitled to a little more than the 25,000 on paper, but you had agreed to $25,000.00 as a net figure? A Yes. Q So the 50/50 split that you had talked about during my examination of you and then Mr. Jones' cross examination is what you basically agreed to settle for in an effort to resolve everything without going to a Master's hearing? A Yes. Q And also without having to go out for years and years on a payout A Yes. Q -- of that 25,000. Did you not consider or discuse at the time of the four-party conference that some of the funds, you could have received a higher amount of funds if Mr. Fulton would have paid you, say, over a three-year period or a five-year period? A Yes. Q And you had agreed to take the lesser than a 42 ""' ~ 1 50/50 split of 25,000 in order to be paid in a more 2 expeditious manner, is that correct? 3 A Yee. 4 Q Did it matter to you at that time how you 5 received the 25,000? 6 A No. 7 Q It didn't matter to you that you had to 8 cooperate in signing some bank documents in order to get the 9 5000 to refinance? 10 A No. 11 Q Did it matter to you that you had to execute 12 a QDRO if that was the means that it took for you to get 13 your $25,000.00? 14 A No. 15 Q Does it matter to you today how you received 16 that $25,000.00? 17 A No. 18 Q So the suggestions that you were making as to 19 whether we amend the QDRO or Mr. Fulton pays the funds out 20 of his pocket, you would just do again what was necessary to 21 cooperate to have you receive the $25,000.00? 22 A Yes. 23 Q Okay. Now briefly, will you just describe 24 your parents' porch? 25 A My parents' porch sits at least a foot and a 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ half off the sidewalk, and I feel that in order for the hutch to have been delivered, and if it had been put on the front porch where all of the rest of the items were left, that it would take more than one person to lift the hutch, even if it was in two pieces. Q What kind of vehicle does Mr. Fulton drive? A He has a Ford truck. Q A pick-up truck? A Yes. Q Would it require somebody lifting up the hutch into the back bed of the truck? A Yes. Q Again, two people? A I would say so, yes. Q Again, to remove the hutch from the truck to put it on your parents' porch? A Yes. Q So having rollers on the bottom wouldn't help them? A Wouldn't help in lifting it, no. MS. DEILY: Okay. I have no further questions. THE COURT: MR. JONES: THE COURT: Mr. Jones. I have nothing further. Was there any reason that the 44 ~ ~ 1 property was not deliv~red to your home, wherever you 2 reside? 3 THE WITNESS: We've had some difficulties, he 4 and I. 5 THE COURT: So you didn't want him to come to 6 your home, and he didn't want you to come to his home? 7 THE WITNESS: Right. 8 THE COURT: okay. If there's nothing 9 further, you may step down. Thank you. 10 MS. DEILYI Your Honor, I have no further 11 witnesaee at this tims. 12 THE COURT: Do you want to move the admission 13 of some exhibits? 14 MS. DEILY: Yes, Your Honor, I will move for 15 admission of Exhibits 1 through 6. I did not present what I 16 had originally marked as Plaintiff's Exhibit No.3. That 17 was the Qualified Domestic Relations Order that I believe is 18 already in the record. So you will have a skip in numbers. 19 one and two, and then four, five, six, and seven. At this 20 time I would move for their admission. 21 THE COURT: All right. Mr. Jones. 22 MR. JONES: Exhibit 4, I have no objection 23 solely for the purpose of explaining why the Plaintiff 24 believes that there may be a problem. Obviously, it ie 25 hearsay, so as far as the truth of the matter. I believe 45 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ that Exhibit 4 was introduced solely to explain your question as to what specifically the problem was that's arisen under the agreement. THE COURT: Is there some dispute as to the law? MR. JONES: No. I believe that it does adequately state what the situation would be should she decide to make a cash withdrawal from the account. THE COURT: MR. JONES: All right. And I believe also that the statement, as already previouely been excluded, the statement from the photograph in regard to the estimate for the repairs to the frame. I'm not sure which exhibit that is. That was Plaintiff's Exhibit 5. Five. And Plaintiff's Exhibit 6 was the THE COURT: MR. JONES: THE COURT: attorney's bill. MR. JONES: Right, which I also objected to. MS. DEILY: And Exhibit No. 7 was the picture of the hutch. That was the only copy that I had. THE COURT: Plaintiff's Exhibits 1, 2, 4, and 7 are admitted. (Whereupon, Plaintiff's Exhibits Nos. 1, 2, 4, and 7 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ were admitted into evidence.) THE COURT: Plaintiff's Exhibits 5 and 6 are not admitted. MS. DEILY: THE COURT: rest? MS. DEILY: THE COURT: MR. JONES: Whereupon, Thank you, Your Honor. Okay. And does the Plaintiff Yes, Your Honor. Okay. Mr. Jones. I call Robert Fulton. ROBERT K. FULTON having been duly sworn, testified as follows: OIRECT EXAMINATION BY MR. JONES: Q For the record, could you please state your name? A Robert K. Fulton. Q And you are the Defendant in this matter, Mr. Fulton? A Yes, sir. THE COURT I Could we get your address for the record? BY MR. JONESI Q A And your address for the record? 1037 Wayne Avenue, Carlisle. 47 / rj ~ ~ 1 THE COURT: Thank you. 2 BY MR. JONES: 3 Q The Court permitted your wife to testify as 4 to the background leading up to the signing of the property 5 settlement separation agreement. Do you remember that 6 four-party conference? 7 A Yes, sir. 8 Q What was the discussion regarding the payout 9 to Rose from the property that had accumulated during the 10 marriage? 11 A The house was to be refinanced, and she was 12 to receive $5000.00 from the refinancing. 13 Q Was there a discussion at the four-party 14 conference regarding the $25,000.00 refinance? 15 A No, sir. 16 Q I'm sorry? 17 A No, sir. And the $20,000.00 was to come out 18 of my 401K plan at work, which was suggested by her counsel. 19 Q Did she agree to that? 20 A Yes. 21 Q Now under the terms of your 401K, do you know 22 when you're eligible to receive benefits? 23 A I'm not really sure. 24 Q Okay. Was there a discussion at the 25 four-party conference as to whether that $20,000.00 from the 48 I ~ ~ ~ 1 401K would be in cash or retirement benefit or what type of 2 discussions, if any, were there? 3 A There was no discussions as to how -- what 4 kind of money we was talking. There was to be $20,000.00 to 5 be from my 401K payable to her. 6 Q How do you recall, if you recall, the 7 $20,000.00 figure and the $5000.00 figure was arrived at? 8 A That was agreed upon as a result of the 9 divorce and as a result of the property settlement with her 10 counsel and John Weigel at the time. 11 Q Were the two of you looking for any 12 particular figure? I believe she mentioned the 50/50 13 figure. Is that what you were looking for? 14 A That seems to be what we was looking for, 15 yes. 16 Q In your calculations, with the $20,000.00 17 coming out of your 401K and the 5000 from the refinance, how 18 close to the 50/50 19 A That was it. That was it. 20 Q That was 50{50? 21 A (Witness nodded head affirmatively.) Along 22 with the personal items that we already talked about. 23 Q Implicated within the agreement that she 24 would take 20,000, and she would waive any interest that you 25 had in the remainder, is that correct? 49 ~ ~ 1 A (Witness nodded head affirmatively.) 2 Q And as far as coming to a 50/50 split, that 3 was considered to be your property? That was considered to 4 be -- the remaining portion of the pension was to be 5 considered your property? 6 A (Witness nodded head affirmatively.) 7 Q Do you have any idea what the tax 8 consequences would be if you were required to pay the taxes 9 on that property for Mrs. Fulton? 10 A No, sir, I have no idea. That is not my line 11 of work. I'm not an accounting type individual. 12 Q Are you in agreement that you should be held 13 responsible for that, for those tax consequences? 14 A No, sir. The deal was $20,000.00 out of my 15 401K. And, in my opinion, if she elects to have the money 16 as cash, and if the IRS says, that is taxble income, then 17 she should pay tax on it. It is her money, no longer mine. 18 Q But you're willing to transfer the 20,000? 19 ^ That was part of the ODRO, yes. 20 0 In regard to the personal property, there's 21 been much discussion regarding the hutch? 22 A Yes, sir. 23 Q Do you recall where that hutch was in the 24 house? 25 A It was in the, I guess we call it, the living 50 ~ ~ 1 room. 2 Q Okay. Was the hutch ever delivered to her 3 parents' house? 4 A Yes, sir. 5 Q Who delivered it? 6 A Me. 7 Q How did you deliver that? 8 A Pick-up truck. 9 Q I believe there was some indication that that 10 comes in two pieces, is that correct? 11 A Actually, three. 12 Q Three piecee. Did you deliver -- how many of 13 those pieces did you deliver? 14 A Well, there was two -- for that particular 15 item, it took two loads for three pieces. 16 Q Did you have any assistance as far as that 17 was concerned? 18 A No. 19 Q You were able to do it yourself? 20 A Yes, sir. 21 Q And where did you deliver those three pieces? 22 A The same location I delivered everything else 23 that was requested, and things that were not requested, that 24 was to her parents' residence. I was to offload and simply 25 drive away. 51 ~ ~ 1 Q There are other iteme such as a Fostoria 2 vase, a table that was in the basement, some toys, and eome 3 dishes that are also supposed to be missing. Do you recall 4 what happened to those? 5 A Everything on her list was delivered, with 6 one exception. There was a reference of a toy rifle. I 7 have yet to find it. I don't know where it's at. I never 8 delivered it. I can't find it. Everything on the list was 9 delivered plus several items that she apparently overlooked 10 on her list she also got. 11 Q How were those other items delivered? 12 A In the same manner, by me in my truck. 13 Q Was it approximately the same time? 14 A Well, initially when we came upon this 15 agreement, I had asked Roee to drop off some cardboard boxes 16 at my place for the purpoee of packing up some of her stuff, 17 which she did. She dropped a few off, not near enough. The 18 rest of them, I got from my employer. And over the time 19 period that I was allotted, I was a pretty buey boy on the 20 evenings and weekends, plus work, trying to comply with the 21 agreement. But, yes, they were all delivered within a -- 22 within the specified time of the agreement, with one 23 exception. 24 Q Okay. But of the items that she's indicated 25 are missing, the hutch, the vase, the table, and the dishes, 52 u') ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 were those delivered in the same period of time or were they spread out? A Yes, eir. Q Are you aware of any event that was going on in the Bedford street area at that time that the hutch and those items were delivered? A After the fact, yes, sir. Q And what event was that? A By way of a neighbor reminding me that it was spring clean-up. There was a period in May whereby all the residents in the Borough put out their unwanted trash or whatever, and the Borough picks it up or the scavengers come up. Q And the hutch, you're saying, was put on the front porch? A Yeah. Well, it was offloaded in front of the house. Some items, depending upon the size of the load that I had on the truck, were on the porch. Some of them were on the curb. Q Okay. THE COURT: Some were on the curb? THE WITNESS: Yeah, a small porch will not hold everything that I had in one load. THE COURT: When you eay, the curb, you mean, they were just put on the sidewalk? 53 , '"" jl'\ 1 THE COURT: Okay. Ms. Deily. 2 CROSS EXAMINATION 3 BY MS. DEILY: 4 Q Mr. Fulton, do you recall at the time we had 5 the four-party conference Mrs. Fulton originally wanted 6 about $10,000.00 more than the 25,000 she agreed to, is that 7 correct? 8 A I don't recall that. 9 Q You don't recall that Mrs. Fulton came in 10 with a proposal to you and Mr. Weigel higher than what she 11 eventually agreed to, and then we did some negotiating from 12 there? 13 A We did some negotiating, but I'm not sure of 14 your figure of $10,000.00. 15 Q Okay. But you will agree though that Mrs. 16 Fulton wanted more than the $25,000.00 initially when the 17 four of us sat down? 18 A Apparently, yes. 19 Q Okay. And then she agreed after, you know, 20 an hour or eo of discussion to accept $25,000.00? 21 A She agreed to accept 5000 as refinancing ths 22 house and 20,000 from my 401K. 23 Q But initially, before we got into the 24 discussions of how we were going to come up with the 25 $25,000.00, 25 was the bottom-line, agreed-to figure, is 55 ~3 ~ ~ 1 that correct? 2 A Yes. 3 Q At any time did anybody say, well, this is 4 exactly 50 percent, and you get 50, or was it based on a 5 negotiation that Mrs. Fulton agreed to accept a little less, 6 you agreed to pay a little more than you had wanted to, and 7 you just arrived at that figure of what you considered to be 8 equitable? 9 A We arrived at that figure to be considered 10 equitable, yes. How we got there, I'm not really sure. 11 Q You will agree that Mrs. Fulton lowered her 12 expectations a little bit, and you must have increased yours 13 a little bit, to reach a negotiation? 14 A Well, during that period, we had -- I had 15 changed home owners insurance, and I believe it came to your 16 attention that I now had the place insured for a hundred 17 thousand dollars, which was a step up from what we had 18 initially had while we lived together, and I think that came 19 from you. 20 Q Okay. But then juet what I'm getting at is 21 then, at no point in the discussions did we ever say, well, 22 this is 50/50. We said, this was an equitable amount based 23 on what you two could agree upon that day so we didn't have 24 to go through a Master's hearing so we didn't have to pay 25 anymore attorney's fees, etc.? 56 ;<~ ~ ~ 1 A It was an agreement, yes. 2 Q okay. Now when we started to negotiate how 3 that $25,000.00 was going to be paid out, who brought up the 4 suggestion that only $5000.00 to be refinanced? 5 A Refinanced as part 6 Q From the house? 7 A The house? I'm not sure. I don't recall who 8 came up with that figure. 9 Q Do you recall Mrs. Fulton wanting as much as 10 possible of that money to come out of refinancing since she 11 did have some equity in the home? 12 A It seems to me that the -- I don't know how 13 we evolved at it, but we came up with the $5000.00 as part 14 of the remortgage of the house, but the 20,000 came from the 15 401K. How we all got there, I'm not sure. 16 Q You don't recall. Okay. Did Mr. Weigel give 17 you some advice as to say what your mortgage payment would 18 be if you had? 19 20 21 22 23 24 25 A He had no idea. Q He did not? A He had no idea. Q He didn't discuss anything? A Because I hadn't been to the bank yet at that point because I didn't know what it was. Q But what I'm arriving at is the -- you could 57 .~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have refinanced more than 5000, you had just agreed to 5000 at that point? A Well, actually it was more than that at the time the bank Q with your fees and costs? A Yes. THE COURT: Wait. You have to let each other finish your answers and questions or the record will be confused. BY MS. DEILY: Q Now at that time, how much money did you have in your 401K? Do you reoall? A I have no idea what's in there. I have a 6 percent deduction, payroll deduction. I've been with the company close to seven years. What that equates to, I don't know. Q I would tell you that from what your attorney provided me, it was worth about 42,000. You wouldn't dispute that? A I doubt very seriously if I've contributed 42,000. If you say so. I don't know. Q You at least had the 20 in your 401K? A I believe that to be, true, yes. Q So your attorney had agreed to prepare the QDRO based on some kind of an understanding with Blue Crosl 58 ~ ,.. 1 and Blue Shield that you had the funds in your 401K 2 sufficient to pay Mrs. Fulton? 3 A I think eo, yes. 4 Q okay. Now are you able to withdraw money 5 from your 401K? 6 A I don't think so. I don't know. 7 Q You never explored that possibility? 8 A No. 9 Q But there would be no reason to think that 10 you couldn't, the same way Mrs. Fulton could? 11 A I have no idea. 12 Q Now you had stated that you had delivered 13 items, personal property to Mrs. Fulton's parents' on 14 several different occasions? 15 A Numerous, numerous, numerous occasions. 16 Q Do you recall the date that you would have 17 eupposedly delivered the hutch? 18 A It would have been in the specified time 19 limits of the agreement. The exact date, no. 20 Q Well, can you pick a month? 21 A Well, the agreement wae from the 27th of 22 April, I believe. We had 60 days from that period forward. 23 Q That's correct. 24 A So April, May, to June. 2& Q But you don't recall what week in Mayor June 59 I~? ~ ~ 1 or April when it would be? 2 A No. 3 Q Do you know when spring clean-up was in the 4 5 6 7 8 9 10 11 Q It's your testimony that you delivered the 12 hutch and other items on one particular day? 13 A No. 14 Q When did you deliver? 15 A Within the specified time limits of the 16 agreement. 17 Q I need a little more specificity? 18 A You have to understand, ma'am, there was more 19 than one pick-Up load of items that I delivered to her 20 parents' place. This occupied quite a bit of time. 21 Q Did you deliver the hutch as one of the first 22 items you delivered, one of the last -- 23 A Probably. 24 THE COURT: You have to let Ms. Deily finish 25 her question. What's the question? Borough of carlisle? A Not recalling, no, I don't. Q Do you live in the Borough? A No. Q You don't have spring clean-up where you are? A This past fall is the first time the TownShip had it that I'm aware of. 60 :z<{ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ BY MS. DEILY: Q If he delivered the hutch as one of the first items of the deliVery or one of the last items of the delivery? A I don't recall. Q You're testifying that you did not seek any assistance getting anybody to help you out when you had that hutch delivered? A It wasn't necessary, no. Q You could pick up all the pieces on your own? A If you broke it down into three pieces, yeah, you can transport it. Q Were Mrs. Fulton's parents at home when you delivered the hutch? A I have no idea. Q Did you ever eee them at the home? A That was part -- TilE COURT: Wait. Let Ms. Deily finish her question. What was the question? BY MS. DEILY: Q Did you ever see Ms. Fulton's parents at home when you made any of your deliveries? A No. Q Did you Bee -- A The reason -- 61 I l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~ Q Go ahead. I'm sorry. A 'I'he reason being, it was agreed upon that I was to deliver her items, offload them in front of her parents' place, and drive away, because there was not to be any confrontation between me and her parents. Q You don't recall any dates when you would have delivered any of these other items? A within the specified agreement. Q other than that? You're sticking to that? okay. THE COURT: Was there an answer to that question? Are you sticking to that? Was that a question? MS. DEILY: Yes. THE COURT: And your answer is? THE WITNESS: Yes, I am. THE COURT: Mr. Jones. MR. JONES: I have nothing further. THE COURT: Okay. You may step down. Thank you. MR. JONES: THE COURT: And we would rest. Ms. Deily, any rebuttal testimony? MS. DEILY: THE COURT: Nothing further, Your Honor. Do counsel wish to make closing arguments? 62 /30 ~ ~ 1 MR. JONES I First item raised in the petition 2 deals with the items of personal property. It's clear that 3 Mrs. Fulton received several of ths items that are listed. 4 There was about 15 items listed there. Mr. Fulton testified 5 that he delivered those and that he also delivered other 6 items that he also found around the house that were hers but 7 weren't specifically set out in the agreement. 8 He indicated that he was able to move it by 9 himself despite what Mrs. Fulton's testimony was, and Mrs. 10 Fulton even indicated that it was on rollers and could be 11 moved for cleaning and certain items such as that. There is 12 no teetimony on the Plaintiff's behalf indicating that Mr. 13 Fulton still has possession of those items. The agreement 14 at the time was that he was to deliver them to a somewhat 15 neutral third party, that being her parents, so that there 16 would be no confrontation. 17 He testified that he did. There was no 18 testimony indicating that he didn't. He also gave a 19 reasonable explanation as to why those items were not 20 received by her after they became within the parents' 21 control due to a Borough clean-up or due to scavengers or 22 whomever. 23 But Mr. Fulton's obligation under the 24 agreement was to deliver those iteme to her parents' houee, 25 and the only testimony we heard so far is that he did 63 ~I ~ ~ 1 deliver those. So to that extent, he's fulfilled his 2 obligations under the agreement by providing those items as 3 well an the numerous items that actually were received by 4 Mrs. Fulton. 5 In regard to the value, if there is a 6 decision there that he may not have, again, the $1200.00 7 figure, as he testified to, was out of the air. He just 8 pulled a number out of the air, and he doesn't have any 9 experience at all in regard to the value. And so to that 10 extent, I hardly believe that is a valid valuation as far as 11 the value of the hutch. The eame with the other items. 12 There really is no value attached to them. 13 Obviously though, the most important item is 14 the 401K. And as Rose Fulton testified, when they sat down, 15 they were looking for a 50/50 split. If you now require Mr. 16 Fulton to take full responsibility for the tax coneequences, 17 clearly, that no longer is a 50/50 split. He is saddled 18 with tax consequences. That obviously is a consideration 19 under the equitable distribution scheme and, therefore, he 20 no longer gets the benefit of his bargain when he signed the 21 agreement. 22 Also, more importantly, I think the court has 23 real problems as far as trying to modify this agreement in 24 any way due to section 3105(c) under the Divorce Code or 25 under the Domestic Relations Code which indicates that, 64 J3X ~ --- 1 unless a contract says otherwise, or marital property 2 agreement says otherwise, the Court cannot modify it. And 3 that's exactly what I believe the Plaintiff is asking you to 4 do at this point, to go in, modify the agreement that both 5 parties signed, both parties eupplemented by a ODRO, 6 indicating that this was to be a pension benefit, both 7 documents of which were submitted to the Court and made a 8 part of the record. 9 The agreement is even made a part of the 10 decree. But to that extent, Mr. Fulton is ready, willing, 11 and able to give up the $20,000.00, but to ask him to give 12 up anything more than that totally upsets the apple cart as 13 far as this agreement is concerned. He is to give up 14 $5000.00, which he already did as far as equity in the 15 property. And the $20,000.00 from the balance of the equity 16 in the real estate and the pension, the retirement benefits, 17 he is waiting to do that. 18 Anything more than that, first of all, 19 violates the Domestic Relatione Code, but secondly, puts him 20 at a distinct disadvantage due to the fact that he was -- he 21 agreed to give up $20,000.00 from his pension, and that's 22 exactly what he's willing to do. To lock one in tax 23 consequences on top of that completely reforms the entire 24 agreement. As we said from the agreement, the agreement is 25 the agreement. 65 3 ~ A 1 The Domestic Relations Code does not allow 2 this Court to modify the agreement. And further, even if it 3 did, just looking at it fairly, he would be giving up mUch 4 more than he had agreed to in the agreement itself. To that 5 extent, I would ask that the relief requested by the 6 Plaintiff be denied. 7 THE COURT: Thank you, Mr. Jones. Ms. Deily. 8 MS. DEILY: Your Honor, as far as what my 9 client is seeking today, she is not asking you to modify the 10 property settlement and separation agreement, she's merely 11 asking you to enforce it. Paragraphs three and eight taken 12 together add up to the $25,000.00 that you heard testimony 13 from both parties that was the agreed-upon split for my 14 client's equitable share of the marital property. 15 My client initially said that they were 16 trying to arrive at a 50/50 split, but later both partieD 17 testified that there was some give and take to arrive at 18 that figure. At no time during the negotiations, during the 19 four-party conference was it ever assumed that it would be 20 an exact 50/50 split. As a matter of fact, the number that 21 was proposed by my client was higher than 25,000, not 22 surprisingly, and Mr. Fulton's offer was lower than that. 23 And then the partiee agreed to $25,000.00. 24 My client has done everything she needed to 25 do to cooperate to effectuate the $25,000.00 payout to her, 66 ~ ~ 1 which included signing the deed over to the property. It 2 also included executing some documents pursuant to his 3 mortgage requirement to refinance and to enter into a 4 Qualified Domestic Relations order, if that was the only way 5 that she could receive that property. 6 Again, she's not aSking that you modify the 7 property settlement agreement, but only enforce it, to give 8 her the $20,000.00 that she had agreed to waive the interest 9 in the marital house, the pension, and the 401K plan. Your 10 Honor may come up with a reasonable and most rational way in 11 order to effectuate that transfer, but the bottom line is, 12 still my client negotiated her $20,000.00, period. And I 13 think it's clear in the contract, or in the property 14 settlement agreement, that it says, husband shall pay to 15 wife the eum of $20,000.00, period. 16 And then it says that she would cooperate by 17 entering into a Qualified Domestic Relations order, Which 18 was prepared by Mr. Fulton's counsel and submitted to the 19 Blue Cross and Blue Shield people for their approval. At 20 the time of their approval, there were no tax consequences 21 discussed, and the first time my client heard about the 22 poseible tax consequences was in early October, six months 23 after the signing of the property settlement and separation 24 agreement. 25 She relied on the terms of the parties' 67 3j ~ ~ 1 settlement agreement to give her $25,000.00, and she ended 2 up fulfilling her end of the bargain by signing over the 3 deed to the house and waiving these other items. As far as 4 the personalty is ooncerned, Mr. Fulton can't give a date, 5 any date, can't give a month, can't give a week as to when 6 the personalty was returned. 7 It's my client's position that that property 8 is either being l'etained by Mr. Fulton or he destroyed it 9 himself. In any event, she was to receive those items. If 10 Mr. Fulton wants to argue that you can't allow any oral 11 testimony or any modifioation to the agreement because of 12 paragraph number 20, it says that he, that Mr. Fulton should 13 return the personal property to my client. 14 It was outside of the terms of the agreement 15 that the parties agreed that it should be returned to her 16 parents' home for the eake of having any confrontation. My 17 client knows she did receive some items. Again, some of 18 them are for sentimental value only and don't have that much 19 of a monetary value, and she clearly would like to have the 20 property returned to her. In the event that it is not able 21 to be returned to her, if it has been destroyed, if it has 22 been dissipated, if it has been given to somebody else, or 23 if Mr. Fulton retained it, then she would like the monetary 24 equivalent. 25 THE COURT: Thank you. We'll take a brief 68 f"\ ~ 1 recess, and then I'll enter an order. 2 (Whereupon, a recess was taken at 3135 p.m. 3 and proceedings reconvened at 3:47 p.m.) 4 THE COURT: This is a very difficult case, 5 but I've done the best I can with it. We'll enter this 6 order. 7 (Whereupon, the following order of court was 8 entered. ) 9 ORDER OF COURT 10 AND NOW, this 14th day of January, 1999, upon 11 consideration of Plaintiff's Petition To Enforce property 12 settlement and Separate Agreement, and following a hearing, 13 it is ordered and directed as follows: 14 1. within 45 days of the date of this order, 15 Defendant shall cause Plaintiff to receive the sum of 16 $20,000.00 net, by whatever means he finds most convenient. 17 2. within 45 days of the date of this order, 18 Defendant shall either 19 (a) furnish to Plaintiff all of the 20 following: the hutch and contents 21 not belonging to Defendant, dishes 22 from Plaintiff's grandmother (with 23 the exception of a cake dish), a 24 table from the basement of the 25 marital home, a trunk and its 69 ') r f""\ il: IJ'I ..... ~~ ..:1 l; ~i , -- r-' . ". ~i ,-- I,:' (',j '.. -, (j' , ,) .. . I;.!. 1-- ~- ~ 0\ , l,n U "'" 1/-/3- fi~ ROSE M. FULTON, I'lalntltl- : IN TilE COlJRT OF COMMON PLEAS OF : CIJMBEI{LANDCOlJNTY. PENNSYLVANIA v. : CIVIL ACTION .. I.A W ROBERT K. FULTON, Dcl'cndant : No, 95.63511 CIVIL TERM : IN D1V(}RCI~ IN RE: OI'INION l'U1tSUANT TO l'A.ltA.". 1925 OLER, J.. April 12. 1999. In this action to enlilrce a marital selllement ugreement.' Defcndant husband has appealed to the Pennsylvania Superior Court Irom un order of this cOllrt which directed Defcndant to pay to I'laintitl'wil'e the sllmol'$211.1100,110 IInd to lum over 10 PlaintilTeertain household goods. pursuant to the agreement. The order uppeuled Irllll1 provided as thllows: AND NOW, this 14th day of January. 1999, upon considerution 01' I'lulntll1's Petition To Enlhrce Property Selllement and Sepurution Agreement. and Ihllowing u heuring, It is ordered und directed us lhllows: I. Within 45 duys of the dute of this order, Dcfcndunt shull cuuse Plaintil1' to receivc the sumoI' $20.0(JO.Oll nct. by whatever means he Ilnds most convcnlcnt. 2. Within 45 dllYs of the dute of this order, Defcndunt shull either (II) fumish to Plaintill'ullthe Ih\lowing: the hutch und conlents nol helonging 10 Defendunl; dishes IhulI Plulntilrs grandmother (with Ihe exception of u cuke dish); u tuhle Irllllllhe hasement oflhe murital home; u trunk und its contents not hclonging tn Delcndanl; uml u Fostnrla vuse: or (h) pUy In Pluinllll'the Slim nI'SI3511.1111: , See Act nl'Decemher 19. IlJlJO. 1'.1" 1240. ~ 2. 23 Pu. C,S. ~ 31ll5(u). /11.3 ~ ~ (c) provided. tllUl in Ihe evenl Ihal Defcndanl docs nol furnish 10 Plainlifl' all of Ihe said ilems of personally bul docs furnish Ihe hUleh, he shall receive a !'redil of$\200.00 on Ihe sum provided lhr in parugraph 2(b) of Ihis order. 11le bases lor Ihe appeal of Delcndanllrlllnlhis order of court have been slaled in his slalemenl of Illallers complained of onoppeal as filllows: I, The Court permilled porol evidence relaling 10 Plalnlitrs inlerprelalion of paragraph 3 and 8 of Ihe parties' Property Selllemenl and Separalion Agreemenl. 2. The Court's order improperly modifies Ihe parties' Property SeUlemenl and Separalion Agreemenl conlrary 10 [23] Pa. C.S. ~3105(e)2 inlhe following manner: a. The Court Order provides for paymenl by Defendanl ofS20.001l.00 nello PlainlilT; b, 11le Court Order modifies Ihe source from which Defendanl is 10 pay PlailllilT; c. 11le Court Order modUles Ihe lime period In which Ihe sum agreed upon Is 10 be paid 10 \'lainlilT; and d. 'Ille Court Order shills Ihe lax consequences from Plainlill' as sel forth in Ihe agreemenl 10 Defendanl. 3. The Court cITed In relying upon Plainlill"s value of 2 Seclion 3105(c) ofthe Divorce Code provides as lhllows: In Ihe absence of 0 specific provision 10 Ihe conlrary appearing in the agreemenl. II provision regarding Ihe disposilion of exlsling property righls and Interesls bel ween Ihe partlcs. alhnony, alhnony pendenle IIle. counsel Ices or expenses shallnol be subjecllo l1lodlficalion by Ihe court. Aclof December 19, 1990. P.L. I 2411, ~ 2, 23 I'll. C ,S. ~ 31 05( c). 2 I~~ ~ e Ihc pCl'llonul propcrly us il is huscd upon Dclcndunl's csllmalc which luckcd u propcr Ibundlllion. 4. Thc Courl CITcd in dClcnnining 1111I1 Dcfcndllnl was rcsponsihlc fbr Ihc itcms of pcrsonlll propcrty fuiling 10 rcach I'lalnlll1's posscssiun. '1111s opinion In supporluflhc coUrl's ordcr Is wrillcn pursuunllul1cnnsy1vllnla Rulc uf Appcllulc Ilroccdurc 1925(a). STATEMENT OF FACTS I'lainlil1~ Rosc M. Fulton. und Dclcndanl, Rubcrt K. Fulton. wcrc mUITicd on Scplcmbcr 10,1976.1 'nlcy scparalcd on Novcmhcr I. 1995.~ and wcrc divorccd on July I, 1998.1 A marilal sclllcmcnl agrccmcnl belwecn Ihe partics. dalcd April 27. 1998, was incorporaled bUI nolmerged inlo Ihe divorce decrcc." Thc agreemcnl providcd, inlcr alia, Ihal Defendanl husband would receive litle 10 Ihe marital home al 1037 Waync Avenue, Carlisle, Cumberland Counly.l'cnnsylvania, and would assume responsibility for expenses relallng Ihcrclo, Including a IltUrlgagc IInd homc cquity loan.7 It provided further Ihal DefendWlI husband would rcllnancc Ihc loan obligations relallng 10 Ihe propcrty" Wld would, al thaI time, pay 10 IllainllfTwlfc Ihc sum 01'$5000.00 ("which reprcscnls a portion of her ISee Complalnl undcr Scclion 33111(c) or 33111(d) oflhc Divorcc Code, paragraph 4, IlIcd Novcmhcr 6, 1995. ~ N.T. 5, Ilcarlng. January 14. 1999 (hcrcinullcr N.T. _I. lid. " Dccrcc in D1vorl'c, July I, 1998. 71'Iulnlll1'5 Exhihitl (I'rnpcl1y Sclllcmcnlllnd Scpurullon Agrcclllcnl), paragraph 3, Ilcarlng, Junuury 14, 1999 (hcrclnal\cr I'lulnlil1's/l)clcndanl's Exhibit _I. "Id. 3 /'1..5 1"1\ ~ equity in the murilul home").~ This provision of the ugreement reud liS lollows: (3) 'Ille plll1ies ure the owners ofcel1uin rcul cslutc wilh improvcmcnts thcreon ercctcd known liS 1037 Wuync Avenuc. Curllslc. Cumbcrlund County, I'cnnsylvuniu. Wilc ugrccs wilhinthil1y (311) duys of the signing ofthis Agrccmcnt to convcy suid rC1I1 est ute to IlusbulIll by spcciul wurronty dccd. Ilusbund shollussumc full rcsJlonsibilily lor ull houschold expenses including, but nOlllmilcd tolhe mol1guge to Finonciol Trust (now Keyslone Finoncilll), IInd Ihe Duuphin Deposil home equity I mill. liens of record. ulilily bills. insurllnce und reol estote toxes in connection wilh soid propcrty. Wilh regard to ull such expenscs.llusbond hereby ugrecs to hold Wife hum1\ess ond indemnifY hcr fromuny loss thereon. FUl1her, Husbond ogrces to retilHlIlcc soid loon obligations by June IS, 1998. At the time of refinancing. Husband will poy to Wilc Ihe sum of $5.000.00. which reprcscnts a pOl1ion of her equity inlhe marilal home. HI The ogrccmcnt also providcd Ihol Dcfcndant Husbond would pay I'laintifTwife thc addilional sum of$20.000.00." Thc provision oflhc ogrecmcnt dcoling wilh the $20,000.00 sum rcad as follows: (8) In cxchonge of hcr cquiloble shore of the moritol pOl1ion of the rcmaining intcresl in thc rcal estatc ond Husband's rcliremcnt ond pcnsion IIccounls, Husbond shall Jloy to Wife thc sum of $211.0011.00. This sholl bc pllid in u quallticd Domcstic Rclutions Ordcr from lIusbund's 40lK Plun ul Cupilal Blue Cross. Bolh purtics shull cooperutc 10 cflcctuote 0 trunsfcr of thcsc funds liS quickly us possihle.12 ~ lei. III lei. II lei., purogruph 8. 12 Plointin"s Exhiblll (I'ropcl1y Selllemcntund Separutiol1 Agrecmcnl), pnragraph K. 4 IY~ ~ ~ The ugrccl11cnt ulso contulned Ihc tilllowlng provision. rcspcctlng certuln personul propcrt y: (6) The pllrtlcs herelo l11utulllly llgrce thllt they hllVC elTccted u slltlslnclory divlslun uf the f\lrnlture. houschold furnishings. upplillnccs, luuls llnd olher household persunlll propcrty bctwecnlhel11. exccpt lhr thc lhlluwlng Itel118. which shull go to Wile: A. Ilusbund. B. C. D. E. Ilutch llnd contents nol helonglng to Bnby plclures. Dnughter's toys. Picture llbovc the couch. F. Grnndmothcr's cllkc dish und dlshcs. Fostorin vnsc. G. Bowl nnd picture un the TV. II. Jcwclry box, I. Toys Inthc nlllc. J. Trunk nnd its contcnts nol hclonglng to Husbnnd In spnrc bcdroom, K. Dcsk nnd dcsk chnir 111 bedrool11 nnd its contents not hclonging to husblll1d. (Desk bclonged to Wile.. I11nde by nlther npproxlmntely 311 yenrs ngo), L. Old tnblc In hnscmcnt. M. Christmns lInd ElIslcr decorutlons lInd Items In ntllc. N. Wire's persol111l ellectsln huxcs in utllc. Wile's rel1111inil1g clothing lInd other O. tlllletrles. Thc cxchllnge uf personlll property III Wife Shlllltllke 5 I '-I '7 ~ ~ pluce within sixty duys ofthe signing oflhls Agrecmcnl." Thc ugrcclllcnt contuincd un Integmtion c1uuse.14 Notwithstundingthe ugrccmcnt. ()clcndllnt did 1I0t providc thc $211,lI()1I.01l puymcnt. nor. uccordlngtol'llIilltll1"s testimony, did I'llIlnlltl'reccivc lIlI ofthc pcrsollully promised to her.l! With rcspcct to the $20.01l0.00 puymcllt. u rcprcscntlllivc of ()elcndunt's 40 I K pi un udviscd Ihc pllrtics tlllll. becuusc oflux withholding requircmcnts, u pllymcntof$211.000.0() tol'llIilltllrthllllthc lund would rcqulrc un uctuul withdruwulof$25.001l.00.1I' With rcspcct to thc pcrsonully. thc Ilcms Iistcd In Ihc court's ordcr wcre not recclvcd by I'lnintiff. nccording to hcr." I'lnlntll1's I'ctition To Enfilrcc I'ropcrty Sclllclllcnt ulld Scpurution Agrccmcnt was \ilcd 011 October 9. 1991\. A hcuring on thc pctltion WllS hcld on JlInuary 14. 1999. At thc hcurlllg. Dcfcndunt's counsc1objcctcd tothc recciptofpurol cvldcncc us to thc mcunlng of purngruph 1\ of thc murilul sclllelllcntngrccmcllt, contcnding thnt "purugrnph clght, dcnling with thc 40 I K plun, is not ulllhlguous. It is c1cnr us to how much is to bc II lei.. purugrnph 6. 14 I'urngroph 20 ofthc ugrcclllcnt rcnd us lillluws: This ugrccmcnt constltutcs thc cntlrc undcrstnnding bctwecn thc purtics ulld thcrc urc no covcllunts. conditions. reprcscnlntlnlls. or ngrccmcllts. omlor wrillcn. of uny nnturc whutsoevcr. othcr thullthosc hercln cOllllllncd. lei.. pnrugruph 20. 15 Se/! N.T. 23-25. I', I'lulntll1's Exhlbil4 lI.cllcr dutcd Octobcr 9. 1998. to Johllnu J. Dclly, Esq.. from Ellcn M. EllwulIgcr). This lellcr Is ulluchcd to this oplniolllls Appcndlx A. 11 N.T. 23-25. 6 ~ ~ distributed und how it Is to be distrihuted."IM According to Defendanl's counsel. The interpretutlon is squurely within the lilllr COnlers In thut there wus un ugreemenl under purngraph three that IPlulntllll would receive $SOOO.OO suhsequentlolDelendnnt] relinanelng, which has ulreudy been done. Thut hus ulrendy been taken care 01: Parugraph eight though indicutes tlllll (I'laintill'j will receive $20,000.00 paynble through a QDRO frolll his 401 K. And parllgruph Ie) of the QDRO then indicates ...I"I']ursullntto the divorce decree entered on July I. 1998, the [A]ltemate [P]lIyee shall rcceivc II retlremcnt bencfit from the pr\lgrllm In lIn amount ot'the lesser lof] paragraphs 1(1)or (2)\ ....["] One or two lire the amounts us follows: eithcr the amount that's lIctulllly In thc progrnm or $20,000.00. Clcllrly she's to receive It liS a QUlllified Domestic Relations Ordcr to lIn 1Iltemate pllyee. If she subsequently decided totllke it liS cash, certllinly it shouldn't be my client's burden. under the ugrecment, to pay for lIny tax consequences....IY PlaintilT's counselllrgued to the contrary, t1lUtthe court will need to listen to the oral testimony liS to the temlS of the lIgreement beclluse paragrnph three ofthe agreemcntas well as parngrllph eight of the agreement lire the crux of the entire equitllble distribution ofthe parties' mllritlll property. 1 believe that since it is ambiguous as to the trelltment, especially with the wording of the QDRO thllt WllS prepared by Delendant's 1Il1omey, thlltlthe court] willnccd to hear testimony as to what the tenns were lInd whlltthe understllnding oflhose temlS were lit the time of the negotlllting with the propcrty selllement lIgreemcnt liS well liS ul the ,huc of the signing of the lIgreement.lO The QUlllified Domestic Rc\lItlllns Order which prec\pitllted the responsc from the 1M N 'I' Ii . . ), IYN.T.14-IS. lON.T.7. 7 /'19 ~ '" represcntntlve of Dclcndllnt 's 40 I K pllln provldcd thllt Pllllnlll1' \\'IIS to rccelvc "20,OOO.lIO paynblc out oflDclcndllnt's I vcslcd ^ccount blllllncc."lI II provldcd Ihrthcr tlUlllhls ulllounl wus not 10 "be crcdilcd or dchilcd with uny cumings, losscs IInd in\'Cstmcntlllunllllcmcnl ulUllor udlllinislrnllvc fccs Ihllnlhis dtltc to Ihc dlltc of :lIslrihution which IIrc 1I11rll1lllnblc 10 such umount."21 '(lIC court pcnnillcd pllrol cvidcncc 10 bc Introduccd on Ihc suh.lccloflhc IIlcunlnllof Ihc conlrnclual provision rcspccting Ihc $20,lIOO,lIO cllllllnitlllcnlofDcfcndllnt.11 Plllintilr Icstillcd as 10 thc ncgotiation proccss which Icd 10 Ihc provision, Indlcllling thaI shc. Dcfcndanl, hcr counsclllnd Dclcndllnl's prior connscl hnd mct in hcr allonlcy's otllcc:24 Q Okny. Continuc. ^ Wc discusscd Ihe propcrty and how wc wcre going to spill thnl. nnd IIlso we hlld both providcd documentnllonof our IIssels nnd IIny IIccounls wc hlld, Evcrything wns IlIlIicd up, IInd it wns supposed 10 be dividcd 50/50. Robert suid thaI he would only relinnnce Ihe house tilr nn cxlru $SOllO.OO, nnd Ihat tell $20, OOO.lIO thul he owcd me. nnd he sllld tllUllhc only wny he would pn)' Ihllt would bc out of his rctircmcnt. Q OkllY, Rosc, wns it )'our undcrslllndlng Ihnllhe 50/50 shnre thul )'ou wcrc to rccclvc, Mr. Fulton would hllvc 10 pay you $25,000.00 10 ol1sclwhnl hc was IIlrcady kecplng? ^ Exnctly, Q So you wcrc willing 10 sign ovcr your Inlcrcslln Ihe home, is Ihul corrccl'! ^ Ycs, II QUlllilled Domcsllc Rclllllons Ordcr. July 29, 199K. 21 lei. ^ copy of Ihc l)ulllillcd DOlllcstic Rcllltions Ordcr Is 1I\111chcd 10 this opinion liS ^ppcndix B. II N.T. IS, H N.T. 15.16. K /:J 0 ~ ~ Q A Q how Illuch'! You were willing 10 waive his retirement'! Yes. It was your undcrslundinglhal )'ou would receive A $25,OOO.OO.H . . . . Q Now when we were ullhe lhur-party I~onlcrence, you had negotialions wilh Mr. Fullon as 10 how Ihe $25,000.00 was to be paid, is Ihal correet'! A Yes. Q And whal was )'our underslanding of how Ihal was to be paid out'! A How I wanled illo be or u Q How you wanled 10 be I1rsl? A Well, I had hoped Ihal he would rel1nanee Ihe property lhr the full $25,000.00 and I would be paid Ihat way, bUI he said thaI he could on I)' manage 10 refinance It for an additional $5000.00, and so I cooperaled and signed It llhe house) over and was to get Ihe $20.000.00 from the retiremenl plan. Q Did we discuss 01 Ihe lime of Ihe Ihur-party conference that he had sul1icienllitnds in his retirement plan or in his 40 I K plan Ihal would enable him 10 po)' you Ihe $20,OOO.OO? A Yes.1" With respect 10 Ihe personal property, I'lainllll'teslil1ed Ihal she and Defendanl agreed 11 N.T. 16-17. 1"N.T.18. 9 /5 I ~ ~ that he would deliver the items required to her purents' home.21 A Bob did not wuntme to come to the house und pick up the property. so he ugreed tllUt he would deliver It to my purents' house. Q Where do your purcnts IIve'l A 411 North Bedford Street, Curl isle. Q Ilow thr uwuy is tlmt in relnlion to your home'! A A mile und n hult; two miles. Q Okuy. Continue. A I usked him in thutmccting if he would pleuse deliver it to their side porch und muke sure thut it wus delivered in good wenther, nnd he ugreed to do tlllIt. But the boxes and things that he did deliver. he put on the Ihll1t porch ofthe house. We did get u number of boxes und items. THE COURT: Did they ull come at once'l THE WITNESS: No. It wus spread out over many weeks.28 PlalntltTtestllled. us noted previously. tlllIt she did not receive muny ofthe items she had been promised,29 Among the items not received wus u certain hutch. uccording to her testlmony.lU She plueed the vulue of the items which hud not been delivered ut between $1,200.00 und $1.500.()(), noting thul Defendunt hud estimated thc vulue of the hutch ut $1,200.00 on un Inventory of tungible personul property which he hud prepured.ll 21 N.T. 25. 28 N.T. 25-26. 29 See supru text lIccompnnylng note 17. lON.T.23. lIN.T.31-32. 10 /5:<' ~ ~ A That WIIS it. That WIIS it. Q That was 50/S0? A (Witness nodded head allinnatively.) Along with the personal items that we IIlready talked about.ll In connection with the personalty, Defendant testilied that he had delivered to the residence of Plain till's parents in Curlisle all ofthe itcms requircd, with the exception ofu toy ril1e.l6 The excepted item he hud not been IIble to locate. according to his testimony,17 DcfendWlt conceded that he had estimated the value ofthe hutch on a schedule which he had prepared lit $1,200,00.]8 Following the hearing, the court entered the order recited at the beginning of this opinion. Defendant's IIppeullrom the order was tiled on February 2, 1999. DISCUSSION With respect to the interpretation of contrllcts, it has been said that "[t]he primary object in the interpretation of any writing is to asccrtain IInd ellectuate the intent of the parties. Wherc thc words of a contract are clear and unambiguous, its meaning is to be ascertained in accordance with its plainly expressed intent." Warrell v. Greellfleld. 407 Pa, Super, 600, 607, 595 A.2d 1308, 1312 (1991 }(citation omitted). "[A] written contract must be construed liS II whole and the Pllrties' intentions must be ascertained Irom the elltire Instrument ......Harrity v. Medical College of Pellllsylvallia Hospital. 439 PII. Super. 10, 21, 653 A.2d 5, 10 (1994). When the tenns of II written contract arc c1eur, [II court] will not rewrite it to give it II construction in conl1iet with the II N,T. 49. l6 N.T. 52. 17 [d. lHN,T,54, 12 Ij~ ~ --- accepted and plainmcaning ofthc languagc uscd. Converscly, when the language is umbiguous and the intention ofthe purties cannot be reasonubly uscertuined Irom the lunguuge of the writing alone, ... the udmission of orul tcstimony I is uuthorized I to show both the intent of the purties und the circumstunces uttending thc execution of the contruct. Id, ut 20-21, 653 A.2d at III (citutions omitted). "A contract Is ambiguous when it is reasonably cupuble of dillcrent interpretutlons." Morgall v. First Pemlsyll'allia Bank, 373 I'a. Super. 408. 416, 541 A.2d 380, 384 (1988). In accordance with thesc principles, the parol evidcnce rule generully "prohibits thc admission 01'01'01 evidencc to vary or contradict a writtcn conlract ...... HOl/se a/Pasta. IlIc. 1'. Mayo. 303 I'a. Supcr.298, 312. 449 A.2d 697, 704 (\982). Slated with more particularity, thc parol cvidcnce rule is as follows: The parol cvidcncc rule statcs Ihal. abscnt Iruud, accident. or mistakc, parol evidcnce of a prior or contemporaneous orul agreemcnt is not admissible to alter, vary. modify, or contradict temlS of a contruet which hus been rcduccd to an intcgrated written instrument. Kehr Packages, IIIC, v. Fidelity Balik, N.A., 710 A.2d 1169, 1172 (I'a. Super. Ct. 1998). "[Tlhe purpose of thc parol evidcnce rule Is to prescrve the integrity of written agrecments by refusing to pcnuit thc contructlng partlcs to uttempt to alter the import oftheir contract through thc usc of con tempo run co us oral declarations." lei. ul 1173. With rcspcct to thc credibility ofwltncsses, thc rule uppllcablc to cases where a court Is acting as the tricr oflnct is that "the triul court ... is thc sole determiner ofthc credibility ofwltncsscs. '111e Inct-Iinder is Iree to bclleve ull, purt, or nonc ofthe evldcnce ...... McClain 1'. McClain, 693 A.2d 1355, 1360 (I'u. Supcr. Ct. 1997), In thc prcscnt casc, in connection with thc $20,000,00 commltmcnt of Defcndunt, the partlcs' ugrecmcnt did not exprcssly address the Issue or Defcndunt's Inubility to produce from his 401 K plun a net sum 01'$20,000.00 without u withholding by the plan adl1linlstrutor \J J .1.5 ~ A of WI additional sum for taxes. It was, In the court's view, a contingency which had not been anticipated by the parties. Considering the agreement as a whole, the court was of the view that the basic Intent of the parties was that PlalntllT reccive the total Mun of $25.000.00 In settlement of her interest in the marital estate, and that the source ofthls money was Incidental to that purpose rather than detennlnative of It. 'Ille Jlllrol evidence which WllS received regarding the Pllrties' Intent did not serve to vary the tenns of the contract, but to con linn and effectuate the desired result. Nothing In the court's order purported to nile upon the tllX consequences of the transaction, and the order lIlTorded Defendant the option of providing the funds promised from any source. In connection with the personal property, the issue was basically one of credibility, which the court resolved In lbvor of PlalntilT. The valuation placed upon the hutch was consistent with the testimony of PllIintllT and an earlier statement by Defendant, and was based upon the best evidence which the parties presented on the subJec\. For the foregoing reasons, the court entered the order dated January 14, 1999, from which Defendant has appealed. Johnna J. Deily, Esq. 26 West High Street Carlisle, PA 17013 Attomey for Plalntill' James K. Jones, Esq. 7 Irvine Row Carlisle, PA 17013 AUomey for Defendant 14 I !5~ +\tJ D1ueCross BlueS"""'td Assoclnllon ~ An AuoclaUon or IndrlJrndrnt Olur Croll And blue Shlrld 1'lans REC~I ~, 'VED OCT 1 5 1998 Jl~ Nol1h Mlrhl8BII An'nul' Chlru.".lIl1n"II fi0601.76HO Teleph"n. ~1~.JU7.6000 hltl' :lIwww.bhll'l'arel.rnlll October 9, 199B Ms. Johnna J. Deily Allorney at Lew 26 W. High Street Carlisle, PA 17013 Re: Fulton v. Fulton - Qualified Domestic Relations Order (QORO) Dear Ms. Deily: This is in response to your letter dated October 5. 199B regarding the tax traatment of the QORO benefilto be paid to Rose Fulton as the Alternate Payee of Robert Fulton. We are enclosing the following information for your reference: IRS Notice 97-11 IRS Publication 575. General Information - Qualified Domestic Relations Order Special Tax Notice Regarding Program Payments As indicated In the IRS Notice, a QORO cannot designate who will be liable for the taxes owed when retirement benefits are paid. Also, the Program's Special Tax Notice is enclosed which is based on the IRS safe harbor explanation of the information required by Internal Revenue Code Section 402(f). As the Program administrator, we are required to provide a written explanation to recipients of distributions eligible for rollover treatment. , Page 4 of the Special Tax notice provides that the rules that apply to payments to employees also apply to former spouses who are "alternate payees'. Under the IRS rollover rules that apply to employees and alternate payee's, certain distributions from qualified retirement plans are considered "eligible roltover distributions". If an eligible rollover distribution is paid directly to an alternate payee (and not rolled over to another qualified retirement program or individual retirement account (IRA)), then 20% of the amount Is to be withheld for taxes. Ms. Fulton should consult with a tax advisor before she elects to receive this distribution. In response to your October 5 leller, if Ms Fulton elects to have the QORO distribution paid directly to her and does not elect a direct rollover to a qualified plan or IRA, then 20% will be withheld and sent to the IRS to be credited toward her tax liability. Her payment will be BO% of $20,000 or a net payment of $16,000. Alternatively, If she elects a direct rollover of the QDRO distribution to a qualified plan or IRA, a payment of $20,000 will be made from the Program and /!J 7 I\PPENDIX A ~ ,-, ,..,., JUL 2 B .pO - ROSE M. FULTON, PlaintilT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYLVANIA \'5. : NO. 95-6358 CIVIL ROBERTK. FULTON, Dcfcndant : IN DIVORCE Q.UALlFlEn nOMESTIC ImLATlONS OIU>ER nlls CAUSE coming onto be heard for the purpose of entry of a Qualified Domestic Rclations Order as defined in 26 U.S.C. Section414(p) and 29 U.S.C. Section 1056(d)(3).the court on :r ..JL,~ , 1998, having entered a judgement of this court relating to the provision of marital property rights ofa former spollse of the Participant; THE COURT FINDS AND IT IS HEREBY ORDERED AS FOLLOWS: A. For purposes of this Order. the "Participant" is Robert K. Fullon, who is an employee of Capital Blue Cross or one of its affiliates; the "AlIemate Payec" is Rose M. Fulton; the "Program" to which this Order applies is the Employee Savings Plan. B. On Julv 1. , 1998, the Court has entered a divorce decree pursuant to Section 3301(c) of the Pennsylvania Divorce Code. This Order relates to the provision of marital property rights of Rose M. Fulton, as AlIernate Payee, who is the fOrlner spouse of Robert K. Fulton. who is a Participant in the Program to which this Order applies. C. The nume Ilnd last knoll'nmailing address of the Participunt are Robert K. Fulton, 1037 Wayne Avenue, Carlisle, Pennsylvllnla 17013. The date of birth of the Participant is MIlY 8, 1950, and his Social Security number is 189.40-3781. D. The name and last knoll'nmailing address of the Alternate Payee arc Rose M. Fulton. 411 North Bedford Street, Carlisle,Pennsylvllnia 17013. The date of birth of the Alternate Payee is December 17, 1946, and her Social Security number Is 193-36-4823. APPENDIX B /.19 ./ , ~-,,-.... """ t""'\ E. Pursuanllo Ihe divorce decrec entcrcd on July~ 1998 , thc Ahcrnulc Payee shall receive a reliremenl benefil frol11lhe Prollrnm in thc ulI10unt uf lhc Icssor uf (1) or (2), where (I) and (2) arc lhc omunnts scl limh hclo\\': (I) The amount of Ihe Pnrticipnnt's vcslcd Accounl hilluucc un lhc dutc of distribulion,lcss Ihc tolnl oulstnnding buluncc ufuny Pllllicipautlouns undcllhc PlUllrlll11 on such dale. (2) $20,000.00 payable out oflhe I'nrticipant's vcstcll Accounl haluncc, F. The amount sel forth in E.(2) ohove sholl not bc crcdilcd or dchitcd Wilh un)' cnllllnlls, losscs and invcsll11cntmnnogcmcnl and/or Ollminislrulivc fccs frllll1lll1S dutc 10 thc dutc of dislribution which ore ollribuloblc 10 such omount. O. The amounllo be paid hereunder sholl be puld 10 thc AllCnlulc Pu)'cc in un)' 1i1lln 01' forn15 of paymenl available under Ihe I'rollrall1, os e1cctcd h)' Ihc AhclllUIC I'u)'cc, H. The omounllo be paid 10 the Ahcmutc I'ayce hcrcnndcr shull wmlllcn,'c 10 hc pullllo her as soon os administratively fcosible follo\\'i1illlhc ucceplnncc of lhis ()lIlelus u Qualified Domeslle Relallons Ordcr by Ihe Progrllmudminlsllutor I. NOlhing in lhis Order: (I) requires Ihe I'rollromlo providc uny Iypc 01 1I111n ofhcncl11. III opllon, nllt otherwise provided in the Prolllllm; (2) requires the I'rograll1lo providc incrcuscd hcncnls (dcll'lmlncd on Ihc hllsls of uctuarial value); or (3) requires Ihc puymcnt ofhcnclils to Ihc Ahl'II'UtC I'u)'cc which lIIC IC1luircd 10 be paid 10 anothcr alternnlc puycc undcI unulhcl uldcl PICl'illllSI)' dClcllninl'd 10 hc II quallficd dOll1estic rclutluns ordcr, J. Both lhc Purticipantnllllthc AhcIIllIlC Pu)'cc 5hlll1 hllI'C thc dUI)' 10 nUlif> thc adminlstrntor oflhc Prnllrlll11 in \\'lilinIlUfnn)' dlllnllc In hisur hCllcspcclivc mulling addrcsscs suhscqucntto lhc cnlry of this Olllcl'. .'0-7.;~.:': --''''', \l.t~1\ ""<.~ - LAW OFl'lCBS 8A1OIS, GUIDO, SHUFF. MASLAND 26 W. HIGH mJlJ!T 2109 MARKIiT STIlEET C~Lll.""I'''IlI) ~Mrllitt.,P^11011 PHOHB(1I7) 20-6221 PHONE 1111)111.1~1 CERTIFIED COpy; ~ PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made thie 21 fi~ day of Cj;-1"'1 , 1998 between ROSE M. FULTON of Cumberland County, Pennsylvania, hereinafter referred to as Wife, A N o ROBERT K. FULTON of Cumberland County, Pennsylvania, hereinafter referred to as Husband. WITNESSETH. WHEREAS, in consequence of disputes and unhappy differences, the partiee have been living separate and apart from each other I WHEREAS, the parties desire to confirm their separation and make arrangements therewith, including the division of their marital property and other rights and obligations growing out of their marriage. NOW THEREFORE, in consideration of the covenants and SAIDIS, SHUFF &. MASLAND I............TJU.W II W. Hlplllltl Corlll... PA promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound it is agreed as followsl (1) It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit. (2) Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof, (3) The partiee are the owners of certain real estate with improvements thereon erected known as 1037 Wayne Avenue, Carlisle, Cumberland County, Pennsylvania. Wife agrees within thirty (30) days of the signing of this Agreement to convey said real estate to Husband by special warranty deed, Husband shall assume full responsibility for all household expenses including, but not limited to the mortgage to Financial Trust (now Keystone Financial), and the Dauphin Deposit home equity loan, liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby agrees to hold Wife harmless and indemnify her from any loss thereon, Further, Husband agrees to refinance said loan obligations by June 15, 1998, At the time of refinancing, Husband will pay to Wife the sum of $5,000.00, which represents a portion of her equity in the marital home. (4) In the event that either party contracted or incurred SAlDIS, any debts since the date of separation on November 1, 1995 SHUFF && MASLAND the party who incurred said debt shall be responsible for the J.n.......f.u.W It W. HI'" lit... payment thereof regardless of the name in which the debt may c.rlltl.. PA have been incurred, Husband and Wife acknowledge and agree that they have no other outetanding joint debts and obligations of the Husband and Wife, incurred prior to the signing of this Agreement. (5) Each party relinquishes any right, title and interest he or she may have to any and all motor vehiclee currently in possession of the other party. Each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (6) . The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, except for the following items, which shall go to Wife, ...0 t A. Hutch and contents belonging to Husband, A B. Baby pictures. rrvJ c. Daughter'S toys. D. Picture above the couch. SAlOIS, E. Grandmother's cake dish and dishes 'HUFF 8& MASLANO F. Fostoria vase, .........u.uw 14 W. Hip IIIIft G. Bowl and pitcher on the TV. Carlls'.. 'A H. Jewelry box. 1. Toys in the attic, "lj"eo-nuBcsna 1n spsre---- .-, bedroom. 1<' Desk and desk chair in bedroom and its contents ...1- 11\N belonging to husband. (Desk belonged to Wife - made by father approximately 38 years ago) . L. Old table in basement. M. Christmas and Easter decorations and items in attic, N. Wife's personal effects in boxes in attic, O. Wife's r~maining clothing and other toiletries, The exchange of personal property to Wife shall take place within sixty days of the signing of this Agreement. (7) Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including. but not limited to, stocks, bonds, insurance, bank accounts and retirement accounts, which include Husband's retirement account with Capital Blue Cross, and his SERS pension plan. Wife shall retain her interest in her Members First savings account, and Wife's checking account, SAlDlS, BHUFF & ~~~ It W. HI'" 'kHl Cirll.r.. PA a check held in escrow by Wife's attorney, and Wife shall retain her Certificate of Deposit from her retirement. All other bank accounts shall go to Husband. (8) In exchange of her equitable share of the marital portion of the remaining interest in the real estate and Husband'e retirement and pension accounts, Husband shall pay to Wife the sum of $20,000.00. This shall be paid in a qualified Domestic Relations Order from Husband'S 401K plan at capital Blue Cross. Both partiee shall cooperate to effectuate a SAlOIS, SHUFF & MASLAND r- NooU......W 16 W. Hip IIml Cartlolt.'A transfer of these funds as quickly as possible. (9) Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for his or her support or maintenance. (10) Each party is now represented by counsel of his and her own choice, and each shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf, (11) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (12) Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, eetate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived, IAIDIS, SHUFF &. MASLAND ~~ ."ITIU.W .. W. Hip .lflll Clrllol., PA ~_..,,_. -----~_.- nUW1.lauu _1&\.1 n.l.&.'CI' a\.,;~uOW-J.-t!lu'=:t'll' ~n.1; ..\,;Il ur--en"'''' 111:1.---. read and understands his and her rights and responeibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act, (15) It is further specifically understood and agresd by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite. counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims which have been raised or may be raised in an action for divorce, (16) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises. discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following I A. All liability, claims, causes of action, damages, costs, contributions, expenses or demande whatsoever in law or in equitYI B. All rights. title. interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquiredl C. All rights of curtesy and dower and all claims or rights in the nature of curtesy and dower; D. All widow or widower's rights; E, All rights, title and interest or claime in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's willI (2) under the laws of intestacy I (3) to a family exemption or similar allowancel and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state IAIDIS, SHUFF &. MASLAND .--~ ~.&.&TtL\W Ii W. HI'" IItftI c.rlltr.. ,^ or political subdivision, F. All rights or claims to any accountingl G. All rights, claims, demands, liabilitiee and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixedl H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code. Act 26 of 1980, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, ,I SAIDlS, , SHUFF & MAS LAND .,-- &ou....... II W. HI'" 11111I Cort"... 'A territory or po1~t1ca1 .ubd1V1.~onl I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other, (17) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof, (19) In the event that either party breaches any provision 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's fees, court costs and expenses incurred by the other party in enforcing the Agreement. (20) This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. w,;il:7 .fi2~' lvl',~ (,,~'!"/ (1/ ne BB :::=-- Ro / ~J{" la' ~ll!.:t-n'j Rose M. Fu toll roms, IHUFF .. , "'AS!:.~,~ It w. IIlah 11111I CoIlIlli. 'A .' PARCEL NO. THIS DEED IS" J MADE THE day of _-?1-~' Lord one thoueand nine hundred ninety-eight in the year of our (1998) BETWEEN ROBERT K, FULTON and ROSE M. FULTON, husband and wife of Cumberland County Pennsylvania. hereinafter referred to as (Grantors) and ROBERT K. FULTON, of Cumberland County, Pennsylvania, hereinafter referred to as (Grantee) WITNESSETH, that in consideration of One Dollar and 00/100 ($i.oo) in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee, his heirs and assigns: ALL THAT CERTAIN real estate located in North Middleton Township, Cumberland County, Pennsylvania, as more particularly set forth herein, to wit: BEGINNING at a point on the northerly right of way line of Wayne Avenue which point is located in an ~asterly direction a distance of 221.35 feet from the northeastern corner of the intersection of Bason Hill Road and Wayne Avenue; thence North 26 degrees 00 minutes 00 seconds West 160.0 feet along lands now or formerly of Sarah J. Jenkin to a point; thence North 63 degrees 00 minutes 00 seconds East 77.00 feet along lands now or formerly of Francis X. Bender, Jr., to a point; thence South 26 degrees 00 minutes 00 seconds East 160.0 feet along the dividing line between Lot No.3 and Lot No, 4 of the hereinafter mentioned Plan of Lots 160.00 feet to a point on the northerly right of way of Wayne Avenue; thence South 63 degrees 00 minutes 00 seconds West 77 feet to a point, the place of BEGINNING, BEING all of Lot No, 4. and the eastern seven (7) feet of Lot No, 5 on the Plan of Lots of Albert G, McCoy which plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Plan Book 4, Page 53, HAVING THEREON erected a one stot-y frame dwelling house and brick garage kWJwn as ln37 Wayne Avenue, .~. U1ueCl'tl88 BlueShlehl AUlIclntlllll \11 .h~lldl1llUlllIl hulc'III'lltlt'lll IIhll' I:ru\,. IllItl UIII'Shll'hll'lull' RECE/'VED OCT 751S. 1.1' \lIl'Ih \Iidll~nll \\ l'I11U' I :IIII'n_II, Ilhllui" tllIllUI- ilihO 1',-h'lllIlllIl' \IJ..!lI1l\lHttl hlll';'/\\ \\'\\ ,111111'1'.11'1'), nllll October 9, 1998 Ms. Johnna J. Deily Attorney at Law 26 W. High Straet Carlisle, PA 17013 Re: Fullon v. Fulton - Qualified Domestic Relations Order (QDRO) Dear Ms. Deily: This is in response to your letter dated October 5, 1998 regarding the tax treatment of the QDRO benefit to be paid to Rose Fulton as the Alternate Payee of Robert Fulton. We are enclosing the following information for your reference: IRS Notice 97-11 IRS Publication 575. General Information - Qualified Domestic Relations Order Special Tax Notice Regarding Program Payments As Indicated In the IRS Notice, a QDRO cannot designate who will be liable for the taxes owed when retirement benefits are paid. Also, the Program's Special Tax Notice is enclosed which is based on the IRS safe harbor explanation of the information raquired by Internal Revenue Code Section 402(1). As the Program administrator, we are required to provide a written explanation to recipients of distributions eligible for rollover treatment. , paga 4 of the Special Tax notice provides that the rules that apply to payments to amployees also apply to formar spouses who are "alternate payees". Under the IRS rollover rules that apply to employees and alternate payee's, certain distribullons from qualified retirement plans are considarad "eligible rollovar distribullons". If an eligible rollover distribution is paid dlractly to an alternate payee (and not rolled over to another qualified rellrement program or individual retirement account (IRA)), then 20% of the amount is to be withheld for taxes. Ms. Fullon should consull with a tax advisor before she elects to receive this distribution. In response to your October 5 letter, if Ms Fullon elects to have the QDRO distribullon paid directly to her and does not elect a direct rollover to a qualified plan or IRA, then 20% will be withheld and sent to the IRS to be credited toward her tax liability. Her payment will be 80% of $20.000 or a net payment of $16,000. Alternatively, if she elects a direct rollover of the QDRO distribullon to a qualified plan or IRA, a payment of $20,000 will be made from the Program and It - , .11 , :JC - ..... ~ \.IIW Ollkes SAlOIS, GUIOO, SHUFF & MASI.AND A I'tUII'UtiIlINAI. rllRI'UMMIUN W.,lliho...nffi,.., 2111'I MBI~e\ 5111'<\ ('Al1IpUIIU'A 17ml TcI'I~\lme: 1717) 737,)405 1'0<';l1IlIe: 1717l7J7.)4U7 John E. SlIke Robert C. Soldl. l!dwanl \l. Ouldo OeoITrey S. ShulT Alherlll. Ma.lond Johllno J. Deily Rlehord P. Ml,llI,ky SeoUl>' Moore Oovld J. Freed 2(. We.t IIlgh Slreel . l'lll! !Jllke 1105 ~('II Carllsl.,I'.nnsylvanla I7UD Telephone: (717) 243-f.222 'I'o<slmlle: (717) 24J-MKI, R.ply 'Ib Carllol. July 31, 1997 E. Robert Elicker, II Divorce Master 9 North Hanover St. carlisle, PA 17013 Re: Fulton v, Fulton No, 95-6358 Civil In Divorce Dear Bob: I am in receipt of your letter of July 25, 1997 regarding proceeding with the indignities count for divorce, This is to advise you that we are proceeding under a 3301(d) divorce, as the parties will have been separated for two years once we get to the Master. I will withdraw my indignities count once this has been scheduled for a Master's hearing, My cl ient would like to keep this moving, so I am hoping that we may still be able to file Pre- Trial Statements on or before August 11, 1997. Very truly yours, SAlDI~~__G~g.~~ ~'./. JohttllG\J J. De 11 y I &. MAS LAND JJD/rlm eCI John Wesley Weigel, III, Esquire Rose M. Fu lton }(/Im WcdcJ' Wclgcl 111, E.rqlllre AIIII'"CyAII,lIw 7 II \ IlIe 1111\\ l"lIIh,k.I'A 1101.\ Telephone: (711)243-1985 Fax: (711)243-9948 Augusl2, 1997 E. Robert Elicker II Divorce Mosler 9 N. Hanover St. Carlisle, PA 17013 Rc: Fuhon v. Fuhon 95-6358 Divorce Dear Mr. Elicker: Thank you for your letter of July 25. \ have also received opposing counsel's leur of July 3\ requesling Ihol bolh parties sll\l be required 10 liIe pre-Irlal slalement. However, I believe Ihut pre-Iriul slatements would be premature now even if opposing counsel wishes 10 proceed under 330I(d). My c1ienllnlonned me in December. 1995 Ihut his wile hudjust moved oul the prcvious monlh,lhal is, November. 1995. Therefore, it is my underslandlng Ihat counsel must wall until November, 199710 pursue her 3301(d) claim. Please advise mc if you wl\l require a pre-Irialslalemenl before Ihallime. In Ihe mealllhlle,l do 1101 expeclmy cllenllo agree 10 a 3301(c) divorce. Thunk you fllr your attention to Ihls matter. Very lruly yours, /." ( /I U,~.'J' /(1 ,.y....1- J "\J0'., r J-:.J-- , ohn Weslcy Weigel \II, Esquire. P.S. Please no Ie Ihal511 F. IUgh Street Is no longer my currenladdress. cc: Itobert Fulton Johnnll Ilelly, 1,"'1' Juhn l!. SlIke Ruher\ C. S.ldl. l!dwnrd l!. Ouldll Oeurr",y S. Shllll Alhcrlll. M..I.nd Juhun. J. Deily Rlch.nll'. Mhlll.ky Scull!>. MUOle D.vld J. Freed \.nl\' Olliee. SAlOIS, GUmo, SIIUI<'I<' & MASLANI> ^ I'tl.tlll !lSlONM. t'IIHI'llItMIlIN 211 We.t High SlIcel . 1'11.1 Ollke 1111. 511I1 Corll.le, \'cnn.yholllo 1711 13 Telephune: (717) 243.11222 . I'ne.ll1lllc: (717) 243.MHII We.' Shul'\' Ilm,..1 2Il~J Mwkl'l Strcel 1'.1011'11111, I'A 11t111 'l\:kl'lIlIlIc: 171111)1.34t1' ,'",,1101;1.: 11171 731.)4t11 Reilly 'Ill C.rlble August 28. 1997 E. Robert Elicker. Divorce Master 9 North Hanover St. Carlisle. FA 17013 Re: Fulton v. Fulton No, 95-6358 civil In Divorce Dear Bob: On behalf of my client. I am enclosing a Pre-Trial Statement that I have prepared. Very truly yours. SAlOIS, GUIDO & MASLAND //~ JJD/rlm Enclosure CCI Rose Fulton John Wesley Weigel. III. Esquire , ROSE M. FULTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA I vs. : NO. 95 - 6358 CIVIL : ROBERT K. FULTON, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Friday, November 21, 1997 Present for the Plaintiff, Rose M. Fulton, is attorney Johnna J. Deily, and present for the Defendant, Robert K. Fulton, is attorney John Wesley Weigel, III. A divorce complaint was filed on November 6, 1995, raising grounds for divorce of irretrievable breakdown of the marriage. It appears, at least at the present time, that the Defendant will not agree to a consent divorce under Section 3301(c); therefore, attorney Deily is going to file an affidavit under Section 3301(d) averring that the parties have been separated for a period in excess of two years, since November 1, 1995. The parties were married on September 10, 1976. There was one child born of the marriage, sandra, who is legally emancipated. She is living with the mother. The complaint that was filed also raised the economic claim of equitable distribution. No claime for alimony o~ ~mmsel and expenses have been raised by either party. A petition for counseling was filed on December 14, 1995, and Judge Bayley issued a rule to show cause. After that petition the parties did engage in counseling but the rule was never made absolute; there is no requirement that any report from the counselor be filed since the counseling was not orderod by the Court. Wife is 51 years of age and resides at 411 North Betord street, carlisle, Pennsylvania, in an apartment where she livee with the daughter. Wife is a high school graduate with some college credits. She currently works as a project coordinator for National Health Systems and reports an annual gross income of $36,500.00. Wife is not receiving any spousal support or alimony pendente lite. Wife has not raieed any health issues. Counsel for wife indicated that she believes her client has medical insurance coverage through her employment. Husband is 47 years of age and resides at 1037 Wayne Avenue, Carlisle, Pennsylvania, where he lives alone, He is a high school graduate and works as a HVAC technician for Capital Blue Cross. He reports his not monthly income at $1,910.00 and his gross income monthly at $2,930.00. Husband has not raised any health issuee, The parties own real estate at 1037 Wayne Avenue, Carlisle, Pennsylvania. Because the parties cannot agree on the value of the real estate, the Master directs that the property be appraised. Mr. Fulton is to allow access to an appraiser to be selected by the parties or if they cannot agree, by wife who is paying for the appraisal, The appraisal will be done within the next month. The property is subject to two mortgages, one in favor of Financial Trust corporation with a payoff as of August 17, 1997, of $35,747,00. The second mortgage is in favor of Dauphin Deposit Bank and Trust Company and the payoff as of August 13, 1997, was $9,976.00 Husband at separation had a savings and checking account at Member's 1st and counsel are going to attempt to agree on the amounts in those accounts. Wife had a savings account at Member's 1st of $2,647.62 at separation and a CD which represented her payout on her retirement from her prior employer which is currently worth around $11,000.00. Counsel should be able to establish the exact numbere in the accounts using statements that would be available around the date of separation. Attorney Deily has inquired about the eKistence of a joint checking account at Member's 1st although she has not provided any information as to any value for that account. Counsel are going to attempt to verify whether or not that account existed and what the date of separation value was in that account and who got the benefit of that account. Tho partioe reported three vehicles on the pro-trial statements. Husband is in tho possession of a Kawasaki motorcycle which both counsel agree has a value of $800,00. Husband has a 1993 Ford Ranger which has a value of $7,000.00 Which counsel will agree on but is subject to a lien. Mr. Weigel is going to determine the amount of that lien so we can get a net valUe for the Ford Ranger. Wife has a 1992 Ford Tempo and counsel agree that the value of that vehicle is $4,900,00. Wife's counsel brought a check to the conference today for $885.17 which was a refund of an unused escrow account and Mr. Fulton endorsed the chock so it could be placed in an interest bearing account pending the final resolution of this case. Husband is a participant in the capital Blue Cross Employees' Savings Plan, counsel are going to provide a etatement close to the date of separation and then counsel can apply an interest factor to add growth to the marital portion in that account from the date of separation to the date of hearing. Husband was also a participant in the Pennsylvania state Employee's Retirement system and counsel are going to attempt to arrive at a value for that pension. If they cannot agree, then the pension will be valued by an expert to establish the date of hearing value, Apparently, according to counsel, husband made no contributions to that account following the date of separation of the parties. with respect to the household tangible personal property, wife has provided a list of items which she would like to have returned to her. Both parties are going to attempt to agree on a distribution of the property and then counsel can determine if they need to have the property valued if there is some question as to whether or not a value for each of the parties should be used in the equitable distribution computation. There is a question as to the value of a gun collection which husband has. Husband's counsel has indicated that husband claims most of the collection was either premarital or was acquired as a result of gifts to him from family and friends. In any event, even if we have a finding that a number of the guns were nonmarital we still have an increase in value issue. The only marital debts reported on the pre-trial statements were the two mortgages and a comment about a credit card. After review with counsel it was determined that wife has paid around $250.00 in marital debt since the date of separation for which she would be entitled to some credit, Those charges were made on a Visa account, Mastercard account, and a Bon-Ton account. . . A hearing is scheduled for Tuesday, March 24, 1998, at 9100 a.m. Notices will be sent to counsel and the parties. E. Robert Elicker, II Divorce Master CCI Johnna J. Deily Attorney for Plaintiff John Wesley Wsigel, III Attorney for Defendant ROSE M. I'ULTON, Plaintiff IN TilE COURT Ot' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95 - 6358 CIVIL vs. CIVIL ACTION - LAW ROBERT K. FULTON, Defendant IN DIVORCE ORDER AND NOTICE BETTING IIEARING TOI ROBe M. Fulton . Plaintiff Johnna J . Deily . Counsel for Plaintiff Robert K. Fulton . Defendant John Wesley Weigel, 111 Counsel for Defendant , You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master. 9 North lIanover Strset, Carlisle, Pennsylvania on the 24th day of March , 1998, at 9100 a.m., at which place and time you will bs given the opportunity to present witnesses and exhibits in support of your case. By the Court, ~~\S Harold E. Sheely, .lud'l" Date of Order and Noticel 11/21/97 BYI 01 vorce Mas ter IF YOU DO NOT IIAVE A LAWYEH OR CANNOT AFFORD oNE, GO TO OR TELEPHONE TilE Of't'ICE SE1' t'OR'!'1I DELOW '1'0 FIND OUT WIIERE YOU CAN GET LEGAL IIELP. COUll'!' AoMINIBTllATOH FOURTII FLOOH, EAS1' WING CUMBERLAND COUNTY COURTIlOU8E CAIlLIBI.E, I'A 17013 'l'EI,EPIIONI, (717) 240-6200 . . . :i)'(: .. . . LAW OFfICBS SAlOIS. GUIDO, SHUFF" MASLAND 26 W.IUOH &TREET , 2109 MARKET STREET CARUSLB:PA 17011 CAMI'llIIJ..PA 17011 PHONB (717) 2.1-6222 PHONI,17171717.1.0! (:L. I J f I 1. '11f~rIE() COpy, ~ ',,,,,.'.;,,,";;';_"!o.-'-i'~' " SAlOIS, GUIDO, SHUFF" MASLANI) 26 w. 111111 SIo<d CIIIIII.,I'A a first mortgage to Fanners Trust with an appt"oximate date of separation balance of $45,OOU.00, and a second mortgage/line of credit to Dauphin Deposit and a date of sepat"atIon balance of approximately $10,000.00, leavIng roughly $30,000.00 of equity. Husband has resided in the home since the parties separated. 2. Personal Prooertv (a) Vehicles- wIfe Is driving a 1992 Ford Tempo, and has made payments to Dauphin Deposit. Husband owns a 1993 Ford Ranger, lind ill making payments to Members Fl.rst Credit Union. It is believed that the value of theBe two vehicles is roughly even. Husband also owns a motorcycle, with an approximate value of $800,00. (b) Personalty - When Wife left the marital premises, she basically only took her clothes. There remains some items of personalty which she wishes to have in the house. including the hutch, her grandmother's painting, the child's rocker, books. Christmas decorations, photographs, recliner and dinning chairs. Husband also has an extensive gun collection which was purchased during the marriage of the parties. 3, Bank Accounts The parties have a joint checking account at Members First with an approximate balance as of date of separation of $700.00. Husband took this balance. Wife has a Members I'it"st I i I II Ii ;: Savings Account with a date of separation value of approximately $2,700.00/ a CD for retirement from her prior job worth $11,000.00, and a checking account at Farmers 'l'rust with little or no balance. Husband has a savings account at Members SAlms, GUlI)o, ! SitU"'" .. I MAIiLANU ,I 26 W 1li.1I 5""1 !I CuIl.I"I'A " 'i First. The date of separation value is at least $500,00. 4. Retirement/Pension Accounts Wife received het- retit-ement from Cardiac Treatment Center a severance in the amount of $7,000.00. I t was placed in Members First Credit Union, and is listed previously as a certificate of deposit for roughly $11,000.00. She has no pension with Nat ional Health systems, and only began a SEP 1M in 1996 after the parties separation. Husband has a state pension with Members First with an approximate balance of $30,000.00, and a pension with Blue Cross with an approximate balance of $7,000.00; exact balances are unknown, and counsel is awaIting information on this. III. Marital Debts It appears that thet-e are no other mari tal debts other than the mortgage on the premises to Farmers Trust and the line of credit to Dauphin Deposit, IV. Witne.se. (a) Exoerts - Wife does not know of any expert witnesses that need to be called at this time, but reserves the right to supplement this answer. If the partIes cannot agree on the evaluation of the marital home, then an appraisal will be required. In the event that an appraisal is requIred, it is admitted that the parties would agree on an appraiser and share equally in the costs involved, (b) Other Witnesses ii ,I i! i. The wife, Rose M. Fulton. ii. The partIes daughter, Sandra Fulton, " Ii i: 11 Ii " II 11 il Rf..e (~( 9r ( 1.. 50 (11 r Jlt, IWSI' M. FUI.TON. I'lulnlitr IN TilE {'llIIln O(o'('OMMON I'I.I:AS OF {'lIMIIElU,AND ('tllJNTY.I'I'NNSYI.VANIA I"s. 95.Cl35H CIVil. T1:I{M IWBERT K. HILTON, Defcndunl IN DIVOIH'E UU'ENDAN'1"S j'jlli.T1UAJ, S'J'A'J'tl\ltN'J' AND NOW COMES l{ohel1 K. I:ulton. DefelldulIl in the uhol"e'l11uller, hy his ullorl1ey. John Wesley Weigcllll. to file Ihis pre-Iriul stutel11elll pursuunl to I'ennsylvunlu Rule of Clvill'rucedure 192U.33(h). I. List of Assets u. Ilousehold goods-.see list of household goods. l11urKed Exhihit "A". ulluched heretn. und incorporllted herein hy relcrence. The \'ulues huve heen eslil11uted by Dcfcndullt himself during thc wccKcnd of Augusl 23, 1997. This list docs nol Includc personul propcrty rcmoved by I'luilltll1' ufler thc purtles scpurnled. The list docs IlIclude two itel11s c1ulmcd hy Dcfcnduntlls solely owned property, speclficully n 1001 chcsI ($19UI hought hy Delcndunt since NO\Cl11hcr \, 1995. und u chesllype 1i"CC/Pr of unKnown I"ulue lIcqulred hy Dclcndunl belilre his l11urriuge hll'lullllil1'. h. I{csldcncc ofpartlesnlO37 Wuyne Avcnue. Curlislc.I'A. Estimuled vulue 11/1/95 - $79,OUU (hused on hunK uppraisul severnl yeurs ugo) Encumhrances . Finunc\ul Trust {'orp. Dauphin Dcposlt BunK c. Bunk uccounls (us of II/3U/95). $35,747.U9 (us of H/13/97) $ 9.77Cl.17(usofHII3/97) Mel11bcr's Federnl I 'rcditl Inloll ('hecKlllg $202..11) d. Vehicles. KuwusuKi KZ IOUU Motorcycle (purchused lilr $HUO.UO in 1977) 19')) Ford I{unger (l)cfcllllllnt's I1III11C) IInKnOWII $7000.UO 1992 Ford Tcmpo (Pluinlitl's numc) $4900.110 Thc \'ulucs gi\'cn urc tukcn IhJl11 1997 pricc listings. Thc \'ulucs lit scpllrutlonurc unknown. c. $KOO.OO chcck held hy Finunciul Trusl Co" mudc oullo holh p1ll1lcs, II. bpcrt Wilncsscs Nonc lit prcscnt. III. Luy Witncsscs Dclcndunt Robcrt K. Flllton IV. Exhibits A. Lisl ofhouschold goods B. Copics ofpuy stubs C. Copics of tux rcturns D. Copics of pcnsion slulcmcnls V. Dclcndunt's Incomc Dcfcndunt's gross income in 1995 WIIS IIpproxhllutcly S2660 pcr month, IInd his nct incolllc SI760 pcr month. Toduy his gross incolllc is IIpproximutcly $2930 pcr Illonth, und his nct incomc SI910 pcr month, Scc copics ofpuy stubs murkcd Exhibit "B". ullllchcd hcrcto. und incorporutcd hcreln by rclcrcncc, lill. dClllils liS 10 Dclcl1llunl's puyrull lh:ducllons. Copics of Dcfcndunl's 1l)lJ6 fcdcrul, stutc IInd loclIllUX rctums IIrc Illllrkcd Exhibit "\"'. ullllchcd hcrcto, und incorporutcd hcrcin by rclcrcncc. VI. Expcnscs Dclcndunt docs not CXpccllool1cr tcstimony rcgllrdlng his cxpcnscs. cxccpltllllt hc hilS shouldcrcd solc rcsponsihility filr puying thc Illortgllgcs onthc l11urilul homc sincc Ihc scpurutlon, inthc umount ofS702J9 pcr Illonth. VII. Pcnsions I >Cfcndunl's pcnsions us of NOI"Cmbcr I, 19'15 Includcd thc lilllowing: , Cupllul B1uc Cross Employcc Suvings I'lun (includcs 1/3 offund growth bctwccnlO/l/95 und 12/31/95) $7337.30 I'cnnsylvuniu StUlc Employccs' Rclircmcnl Systcm (includcs \lI/12 ofl'und gmwth hclwccnl2/31N4und 12/31195) $22.372,14 Copics ofthc pcnsion uccount stutcmcnls urc murkcd Exhibll "D", uttuchcd hcrelo, und incorporlllcd hcrein hy rcfcrcncc. I'luinlitl'hus ulso uccumululcd pcnsionlimds during thc murriugc through formcr cmploymcnl wllh Curdiuc Treulmcnl Ccnlcrs, und Ihrough hcr current cmploymcnl with NUlionul Ucullh Syslems. VIII, Counsel Fecs Dclendunl is notmuklng IIny cluim filr counscllecs. IX, Mllritul Debls Murital dcbls includc Ihc mortgugcs listcd uhovc, und credit curd debt, umounling 10 approximatcly $800.00 on 11/1/95 ,hcld in I'luinlltl's nume, There is ulso u polenliul c1uim filr un uclion in cjcctmenllhal has bccn l'Uiscd by u ncighbor udjuccnllo Ihc murital homc, Jeanncttc Jcnkins. Ms. Jenkins claim lhat I'laintif1' and Dcfendant havc crcctcd a fencc a fool onto her property Iinc. X. I'roposed Seltlemenl of Marital Issues A. Delendanl proposes u reconcilialion oflhc parlics. B. Fulling a reconcilialion, Defendant proposes Ihc purties muke un cqual division, i.e. 50/50 split,oflheir muritul propcrty. As u part oflhis division, Dcfendunl would acquire sole tillc 10 Ihe marital residence, using othcr marilalussels 10 compcnsntc I'lnlnlll1' filr hcr inlerestlnlhc marital homc, and, tothc cxlenlncccssary, making propcrly settlcment payments. 3 ..... '... , .p~c.e. , .. - of. . dl wll,~ r . xu 'f LIST (..5 7t-1E. H-o u.s e.. 1'l-fl()/'.CI1 ..__. . _~. ..___________._....--.._.__..__________..____.._. _ u_H._. 1<1Tr.1fE..L~ ..11"\ de. I .__~(~ Iff$ .____...... . .. . &s/)(j . n__'_' _n .!?\\ ~.~I _J~Qr5_-P._f?.9}J_~___. ..-....---' .____j)...a.~1J l7'I~C, . F'flT.Wp.~t. ...... _.. .. ._ . . 1(l.Od ..__._____ .El)CN/).~W~.I!E-_-:b.._.S'[lb~.P....- f::' dd ________JiT.Al'O.~_O ~ liLoJ-.8 \' to} _..._'A:~.o . .. __._._. CRoc:~_.J?O.T__. .___nI;'OtL .____._.___00_.17) \'~ ~ ,_(1)lsH__.TJ).!QE.-W; ,.. ___eoI._J!Q.LD..J:~J .__.. r=: rc, .__...____ _.T8.8bF.-----.----.---. j..f.M . ... ____..____. u BUI'~ L::.I:1!___._a_..6JnI!.D-\3E"''' tI \__.a~e:LO I. . /Iou St ,.-..---.- .-... _ ..- _..~ .---. .--. .-....- .--.--- ---.- -.--..--.---.....----------...------ - .-._.- .---. ~ ~;"" ',;.c.._._.~. .rv ~s: d() Rooll"..-....- V G/? .s.s.~d . .C()()~I~ ... ...... ..._...___.._______._._..__.IO.~d . ._____ _. __.~~c..lc!e K.-------.-.------.-.------- ._dS", 0 ~ . .___.._ __.~EclLuf..(L_____._.________.____.__ . -. I~. ~() ___-11\,1.T-cH ____ .__/rJaa, ~. . JI ' . ..______-r$ gLE._:bm~__C/'f:/i liJ.______._..__ _____105. t) () ____._._.__C()rI.Ee...-1fi.~/f- no ..u..n. J 00. ~ ~~ ""r.~., '_'00__." _______.__.._.__ 03. Of) _.____.___ _.~._~~IL_..TA.ahE::.L-....u-..._. -.--,.. f'~ () I..J ~ II 0'\ i R~o IL.n .. ..__ .. . S.t) () C /o(..K /~. tJ () _, _ _,.. ______._. ..__ ..__'.~___n_'_____.'_""'_ ..___p.-,-' -. SAvP'i'..L0;7.. ... ,;. m e.r/-...--...---. -..----.---..-.....--.--.--.- ~oo 11"1... ...-...... . ..--...--.---..---..--.....-.-.----... -......--- - - ._- -.,,-.. .-.,-..------.., _.. --,.. -..-. ---- -"-_.. -~...+..__. .. ...--.--., -------_.-. -.., -.--.--------.--.. _... . . F;XIlIB1T A - -' -- 861'IH~lXlll', -"... m I ~ C. . r)"\I.5~ . T:C!..l9 E. ( 's _ ._ .. - "-.-. -rOL~~L flJ2.TJ~Jt;..L_. ..L S,f)_/) ._,_.., ,._ _.___. _. _ '.~ .~ a .__ _ _",._ . -----.-.------- '..--' _._._._.._..~---~-,.... . . .,- "V, ~~ .- --.. .... ..-.-. ..._-_.~-~'_. -~ -- --.-' .-----.--. --... .-. --_..-_.._~..,._- .--.- ',..v.. __.;s TA ~I> . _. _ .. .. _____.. _ ____.J.,.f::tlJ-- COVe#- .. .. ?ld.i?O.. f< f:.C It~ ef..._ ..., . _, ... 130. () j) ~,.,() ..T/l6/f. .3.()() B.-LAMPS, If. dO P, c..rvJ!6. /1, t? 0 /hR6f1~;,,;f.~8(..((--. ..._. _ /.(Jt) .S'P~Rf.._ . Bc:p ROO 0\ -:-? ~ yY1 P T'f -: RoSE r()~ ft:., I" . r::. t-C.E ('r ::JJ E.FIQ. H/I, Ii EM) - - .--.. .- {YlI}STEK - - . ..- .-- ~ep Roo Il\ .-:'1' S~D. - . . ~ . .-- -- ~J1.t)tJ P RE.5Sf,2. /11. tJo Fi Le C;9~ tJ ~ r. ..5."d :)€.SK -b C fJ~I'~ /",/ b C. 14E::!. r iJl (j)I?Av.JE~.s 1~.(/4 , !) L1=~I"PS , f,()6 . (VlbH r ST,~ ~j) , 3,00 C H E.~ r '-0-- ..f. tJ () ., C/4,lOI.s R ""I< ,: ~ . {?().!Je. C'h"J A/,t;1I~, , " . ....,J /-' S !-lED .:t:1u. eAC./LYI~~I~ ., - OlJ;~iPE 4 . (}Tjl c.. J~V.1 H . LAwN...._.ro!1Wel~ .. R.I.oIY /, __._L~wt.,l_.__rY1P."'" '-I~_ _... .. C fI~\~ ..$" Av. . ... _.... .. . . tAw,..) '1"~~\'lf l... J/C,,'E Hso GE.. 'T l2.\I;"" !l1$,L,. . ..... . (\')1~C. I~ lIf t.J() _ T'Uo LJ .. "'1.1'7'$0,- ~cJLT.s - ~A,\lS -lir-L, C I/r:~ I'~ H LlI' !> ; .1)"11.' 1:. U ~ " ,'1.. -b.. C::. ..g , lIJ.E.:.j) . E~/Eg,..... ... ~I 0"'" e.1~ -,\!-Fl"'!!V -' ... . C?.4.~ G~I U . PiC.W,'L If\:BLe i3/R.D 5~ rl+ ~ ' . - -" . l) X, L I ~ I I R.fl.:t~E l,.- 81 ;~O FegJ)~_. LAw}.) OC>Jc..I+. , CHA1!>'7'I"~~, .:Jut-> k- 80~'E..s :;: C"'.....7~jJT .o.,d ~ V I 5 u ~f I .Il~b,.. 110 .~~..~.. . dr, 60.. ... t7)~t . 3. (C>_. JS ~ () 5.DD J~, 6 tJ. . .. ItJ.d.P I{)'~O f), 5D .s.Da - -, It~, ~ -- . l..IJ N , t. /I ~ ? nGUu. 268116,119 rED TAX a".59 11111.11. O'l'IHI 1 1291.10 Dun 8a.Sl 1911,S XII un 5'.36 HI 19,$0 11119," KOUbA Y 738.31 PA DIIUI \.116 311,05 no 2080,73 FA TAX 37,13 866,8' HID TAX 13,16 309.56 sPL-TAX 10.00 EAA .25 6,00 NET SAVE 880.911 a0669. 12 lOTAL GROSS WAGES REDUCTIONS ISP-1I01K 1330.79 . 31008,99 : "../'.', 1\ .", ~ .->"1 J _ j ~-~_ f 79,56 1857,118 1251.13 19151.5\ PAID TIME OFF DISABILITY .---.,-- 12116.1111 19090. 15 IIiIlIKG 132 .80 78.75 11.05 ,00 .00 .00 ,00 I IIG laUKCI 136.85 78,75 --- H_ ____~-'-- I DIRECT DEPOSIT NO. 1136 .-. 12"01"95 Capital BlueCross IFI 1l0UIlT K rULTOK 1037 lUyKt: AVE CAIlLISLI. pa 170\3 An Indlpendlnt Lleln.11 ollhl Blul Croll Ind Blul Shllld ....1OC1.Uon 2600 Elmerlan Ave. Harrisburg, Pa. 17110 910 11 ~,Ol~ laKK NO. ACCOUNT NUHIIR 131382211 1 1291150000 . DESCR. KIT SAVE An3g~~1j NON NEGOTIABLE . 1';XIIIIlI'l' Il nGUUR FlO TAX 196.83 5019. as OU"! I OlSOI 79,05 2001.61 XSLIFE HI 18.119 1168.13 15,00 HOLlDA Y 255,00 PA OUUI 1.11 I 35,116 II 1,25 no 70 1,25 PA TAX 35.70 902,51 "IO TAX 12,75 322,31 6PL-TAX 10,00 ElA ,25 6,25 KET SAVE 8511.02 21523. III lOTAL GROSS WAGES REDUCTIONS , i :'n~~-:; ~ _.; '........ l....,i' 76.50 1933.98 OF 'IIINNING CllNID ,111I I CIIDING IIlUKC! I IAEUO: i 1198.50 PAID TIME OFF 136.85 11.05 II 1. 25 .I~':l. 99.65 30350.01 DISABIUTY 78.75 .00 .00 78.75 , " t I " r~1 I I'AY 1198,50 30288.65 .00 I DIRECT DEPOSIT NO. 11112 + 121'151'95 Capital BlueCross Erl ROURT K rULTOK 1037 IIAYKE AVE CARLISLE, PA 17013 An Independenl Licensee ollhe Blue Cross end Blue Shield AuoclaUon 2500 Elmertan Ave. Horrisburg, Pa. 17110 910 IIlKI< KO. ACCOUKT NU"BER 231382211 I 1291150000 OESCR. KET SAVE A~g~~~2 NON NEGOTIABLE !;"" ,',' ~ ;> U.. ~ WI I Robert K. Fulton 1Ib.1. ~ 0IhII. wIN, H 'IC! Plllldlnll.1 11..llon ClJIlIlIlgn 0fTI1104O IRIU..On -Oonolwr"Of" .,1\1I ce .11 OMBNo Ill<I~74 Your loci., lecurUy number _189-40-3781 Ipou"'1 .oclllllCurllv no. 193-36-4823 Hoto: ChKklng YII Ho -v..' will not Do vou want 5310 go (0 1111. lund1 ching. your lax or If I nt rotum _ Url U" wonl 3 to DID lhl. lund1 .. . redUCl your IIlund. Slngl. For h.lp Ilndlng IIn. In.lrucllon., 'M p.ogu 2 .nd 3 In III. bookl.l, M.n1Id filing jolntlltum ('Vlln II onlV on. h.d Incom.) ...If1Id,.......plllll'l$lln EnYl.POu....i8N.tJorrrot'Mn."'.fI.'. .. Rose H. Fulton Hlld 01 houllhold (with qu.lllylng pollOn). (SH In.INcllon.) II qu.lllylng pollOn iI. child but not vour dlpondlnt. .nt... chUd'. nlllll her.. .. QUill wid or with d. ndlnt child r. UII diad .Ig . SM In.tNetlon.. ::::"~:m~~~~I":~~~c.ncill~jOU"ldlpond.nton"ilor:h'~ } :-:~;.. -L n--...d t pen en alOe. pen I No ~ chidref' on k'I4I _....' .n a: ...urll)'numblr.llbom roI.UonlhlptD ,... k_ 1 Fnt name lilt name In DeC. 1898 IHlnIt. u . .....WIItlrou Dopertrn.nt of the T....ury -Int.mll R.v.nUl S.rvle. U.S. Indlvldulllncome TIX Return 1996 '.WWytltf",n ,.0. :...,......,.,... ..' ..tSlI.tf\dfIQ .'''f l037 Wayne Ave Carliale ~l\.-..~ CO ~'-I PA 17013 1 Filing SlItul 2 3 ChIcIc only 4 0f\I boa. I I. Exemptlonl b C II mora thin IIr dIpIndInII. _tho 1nI!Nc11on1 for IinIllc. Ill'"" 3\ II unclar UI,48ll(undI' .UOO II. child dld notllvo W1lh \'011),_111I In.lrucllon. IOf lint 54 31 Bubtrlclllnl 30 horn line 22 lhl, il our ad Ulhtd For Prlvlcy Actlnd Plperwa'k R,ductlon Act Not'~iiiiI' 7. CM 104011 HfF "H - c..,WltgN '.ml MwI', OniW. ln1 ~ICo, lnc NjIll0601 Income A_ Capv . at you, POfllll W~, W~O, and lDM4I hell. II vou dld not gill W.2, _tho -- forllne7. Enc_. buldo notllllch,lI1't payment. AlIo, r.::'I= (_the 1naIruction. for 11111 82). AdjUllad Oroll Income d Totl' number of 'J,m Ionl cllimed . 7 Wet... ..It,,", ..,. ADKfI 'onnIl' V'H I. T...blllnt.,",. AttlChSchaduil Bllove, t4OO. . . ... .... ... ... . -.. b T......mp! _. 00 NOT Includ. on IIn. Sa . . . . . . . . llli- 1 OMdlnd 1ncon1.. Attach Schadul. B II OVII t400 ............. . . . . . . . .. 10 T...blIlI~uncl', ClldK., Dr ollHl. 01 .tot. .nd loc.llncom.IaxH (1IIIn.lNcUon., .... 11 AllmonV....IvId... .......... 12 BUIlI1lH Incomo or (10..). Attach Sclledul. c or C-EZ . 13 Capilli g.ln or (l01I). II ,oqulrld, .ltIch Sohadul. 0 .. 14 Othl, g.lnl or (I_I. Attacll Fonn 47g7. 11. TDI.I IRA dl.tnbuUon. . .111.1 8.304 ,1 b T...blllmount(lIIlnll.) .. 11. Totalp.n,""nd,nnu'" ' 11.1 b Taxable.mount (...in.l.) ., 17 R.ntol rul....I., ,ovaKIII, partn.rahlpo, S corporaIlDn., IN.I., lie. Att.ch Schadule E 11 F.nn Incoml or (IOu). AltIch Schadul. F 11 Un.mploym.nl ..mpanllUDn . 20a Socl.llICur1!y blnem. . 120.! 21 othlr Intom., , , . . ., ,.. I b T",.ble emount (",'n.\.) . . 22 Add Ih. .mounllln the f.r ri ht column for IIn.. 7 throu h 21 Thllll our 23. Your IRA daduetlon (1IIInIlNcllon.) ... u. b SpoUH'. IRA deducllon (1IIInIINctlon.) . 23b 24 Moving ..pon.... Att.cll FOfTI1 31103 or 31103-F. 24 21 Ono-hllll of 111I4mplovm.ntlax. Attaell Schadul. SE 21 21 S.II..mpllilad III1I1h Il1Iullnco daducllon (H.lnll.) 21 27 i<IogII & IIIf..mplovld SEP pl.n.. II SEP, eheck ...0 27 21 Pen.1ty on ...Iy withdrawal 01 Hv'ng. 21 21 Allmonv pa,d. RlClpilnr. SSN ..__ 28 lol_llncom.. . i." 30 Add line. 23.lh.DUgh 2g lOll Income I.; X 11111 I 'I' I: .dldnal....wItl pud..llat.orce r...-c::...l -.... naI tntnd aboW Add nwnbera =:'~. 35.234, 168 I 10 11 12 13 14 11b 11b 17 11 11 20b 03 o Form 1040 (IVIl6) Robert K. ann 1040 1_ 32 AmoUnt lrom lint 31 (adlUllod grOlllncoml) ... . . . . . . . n. Chick II: 0 v.u Will WoIdll. 0 Blind: 0 &poU'" we.ll!5IoIdll, 0 Blind. Add \he number .1 ba... .hoCked .- .nd Intll \hllaltl hi" . . . . . . . , , . . , · ". b II you '" ",.m.d nllng ..~1I1y .nd your .pauI'! Klm~" deduction. ar you · nb WII' . dUII-IlaIU' .llIn. ...lnlliutllon' .nd thttk hili ................ .. {llml1ed dedu.tlan.lram S.hedull ", lint 28, OR } 34 ~h:" llandlrd deductl.n ohawn beloW lor your IllInO IlIlu.. Bul_lhl lllgll Inotrut\ianllI you thtt~ed .nv ba. an lint 33a or b .r..- can .lalm .1 V.U ... dlpendenl. your I Blngla- "',000 I Mlnied f~ng loIntlv or Qu.llfy1ng w\dowlll) - ",.700 . I HeId.I _hold -11I,800 I ....nied tiling "poIII.IV - 53,350 3. Subtrttlllnt 3-4lrom lint 32.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. 1111111I 3211 $86,47& or _, muKlplV 12,&50 by IhO 101.1 numbtr .r.lImpllan. .lIlmed an lint Bel. II lint 3211 """ 188,41&. _\hI -'<011..1 In \hI In.\' I.r \hi _II. Inlll 31 T...blllnc.nlI. subtrod lint 30 Iram lint 3&. II lint 30 II_" \hen lint :IS. enll!.o. ....... 31 T...S..InI\rUdlDI1I.ChtCkIl\DIIIlndudll.nV\allrram · 0 Farm.,.IM14 b Farm 4812..,..... - .......... ...... ... . .... . .... . ..,............... · 31 Cled. lor child & dojlIndInI....lIlI. ~ Farm 2<<1 . . . . - 31 40 CIIClI lor \he IldIIIy or \he dJIIblId. ~ &.hadult R .....' 40 41 FQlllgn\allcrodl,~Farm 111& ........,............ 41 42 0\hII. ChId< Illram . B Farm 3BOll b 0 Farm 8388 c 0 Farm 8801 d Farm 4Z 43 Add 11nII3g \h!DUgh 42. . .. . . . . . . . . .. . . . .. . . . .. . . ... . . . .. . . . . . .. . . . .' . .. . .. . . .. 44 Subtrod lint .3 Iram lint 30. 1111111I 431. _.Ihln line 36. Inlll.o. .................... 41 Soll..mplDymlnl \all, ~ Sthtdult SE ........,....... . .. . . . . . .. . . . .. . .. . . ,.. .. . 41 ,IJ\IInIIlvlmlnlmum\all.~.lJFarm62&' ,.............,' .."........, ........ .... 41 BatlII_urt!y.nd MtdicIrI \U an Up \neDI1W not "parted I. ImpiaVlr. ~ Farm 4131 ... 41 Tu.n quallfltd rollrtmtnl planI,lntludlng IRAe. II requktd, l\laC:h Farm 532g ."...,...... 41 AdVIn....mad IncDnlI crodIl poymtnl.lram Farm'.) W.2 .,.......................,.. 10 H.ullhald.mplayll1InI_,~SchadUItH....""...... -.......' ......... .... 11 Add 11_ <<Ihrough 50. Thill. your lolallal. ' . . . . . . . . , . . . . . . . . . . . . . . , . . . . .. .. . . . .: 12 Fed.lIllncamol..wi\hhIId lram Farm,.)W-21nd lOUU .. . .. ' 12 I 6 163. P.ymanta 13 1_ otIlmaled \all poymonll & .mI, .pplied !rom 199!5 rllum U 14 Earned Incon\ll credlL ~ lktIedule EIC I .011 hIi..... qu.1fyln8 dlN HontPt"11 ~.med Inl*"I ,",l · \ ,n4 typt .. .. AmoUnl poId with Farm .-,requ..11or l"ln.lan) ...... . . . II ExcMa IDCiIl _ur\t'f end RRT" \U wllhhtld <_In.l.) .. - . . . 11 O\hIr poymonll. ChICk IIIram .0 ,.... '''' b 0 '''''' "" . II Add IIn.. &21h h &7. T1*I or. r 1.1.1 m.nt.. . . .. . . . . . . .. . . . ... . . . .... . . · .1 II lint I5B ,. mall \hill Unt &1, .ublrod lint &1 lram IInl 58. TIll. I. Ih. .maunt you OVERPAID . 10. "","unl.lllnI5gyaUWlnt RlFUNDEDTO VOU .. ....... .........,................ b Routing no. I' ) C TI'P': 0 ChoCldng 0 s.vlng. Tall compu- tation t:fR~ r:"'~ -~ lor lint 31. credits other T.... ~ FClI11lIW.2, WO:,tod 1 an poeot.. Refund HIVI . oenI dIrIdlv to ~~s.. 1nII. end 1\11 In lIOb 0 .nd d. AmoUnt YoU Ow, . Fulton saN: 189-40-3'781 5 '7 5.22'7, 5 2 Sign H.,. 1<.1I1I' capv .1 \hil rllurn lor your .-rdt. d ,......nl no. 11 """",nloIl1nl&g uMnIAPPLIEDTO".1E5T,TAX.... 61 6Z If lint &1 I. _I\h.n 11n' 58, .ubl"ctlln.15B IIam IInl 51. ThI.I.lhI AMOUNT YOU OWE. For detallt on haw lO pey and u.. Form 1Q~.VI ...lnltrU<:tionl .....,..."......... 63 E.llm.led \I. nt ",..Ineludl an lint 62 ......... ... 63 ~r"::~:~=\Yor'.=:'l~o';l~.:~~~I~U~I~.~;,.::1';:~~'3\'.~~I:.':bIIl InIQrinlllDll. WI1lth pllplllI hiI.nv kn 01. lt. Your ",nllu~ 0.11 Your occupallon ,. T...horer spau.... .lgn.luII. If .joinl IIturn, BOTH mu.t.lgn 0.10 Spaull" ottupollon .. p"poror'. _1Il_urIIy no. 92-32-159 , P.ld ". .- U.. only F1/1ll'l_lorya<n. i II ...,..mploytd) .nd eddr_ CAA 10Ml12 "lP"" Copf""N'GIIM IaftWIII onl,. ,.- Ntc.o, IoC NM106lJ2 P(lpIII" Edlllan SE SOJRE YOU SpoUOO'IOccUPltlOn (IIND YOU" lI'OUII,III1N U]L8.f: atfCA AU. WArHo AllACoH AU 8CH. & fQIWI Oil J'To1lI"(1 T.lephonl Number qq 717-582-8227 OlIoAN DONOR AWARENESS TRUST FUND. eopY"I1""fonnlIdtM110nl,. ".....ICD. Ire NMPP~I :LlD o PA~ 011-116 ROYieW aII\h1ldpllnlod InlormoUon on your IIboI end ploc:. S In \hi 1\1II1I Ind Iddr'" .". MoI<. Iny n_IV _tlon. to your 1Ib1I.nd chock IhI I5N/NAMElMlDRESI Clllng' bol bolow II you do nol hlvl I II rlnlod I.bol .nlll .lIlnlo,mlllon - I.... Iln\. YOUR SOCIAL SECURllY NUMBER SPOUSE'S BSN, oven illillng ..parlll'" 189- 0-3781 193-36-4823 \..III Nomo FIRl nom. ond Inltlll- Includ. lPOUII'1 nom', 1I1111ng jolnlly yulton Robert K, HomO Add,... ),037 Wavne Ave CI't 01 Pool olftc:. 6"'1 PA Zip Cod. 17013 11~E1ADDREIICHANGE ANY of thl 1_lnlormallon 10 dlll."nllrom your IIllI5 PA \Ill rotum, clllCk thll BoI.1I YOUI Iddr... !;hIngodl"11D p'ovld.\hI nom. Ind Zip Cod. of \hi clty.lownlhip, borough 01 munlc'pollty -. you IvId on 213111l6. ~ ZI Cod. II 01Wl Componllllon fromW.210nn0end __.llIlem.ntl ...... lb Unrolmburlod EmployM EUIinIOI ~ lrom PA Schadule UE 1. NaI PA Tuoblol Componlllion. SubtrKt lino Ib "om line II . 2 PA T_bIo Inllllll (ComPIot. Ind ItlIdl PA 6<hoduIe All OYIl ,'.000) 3 PA T_ble Dlvld.ndl (Compl.t. end Itllcn PA Schodule B il OVIl ",000) 4 Not Incomo OII~llrom tho Opof1llion 01. BuiInIII. P'ol....... or Film. 6 Not Olin or ILDIIllrom Ih. 511., EachlnglOl DIlPoonIon 01 Propolly So AmoUnt 01 Olin Eadudld Irom PA Schodule PMV . 6 Nlllncomo 01 (LDIIllrom Rlnll. RoyoIlln, I'Illntl Ind Copynghl' 7 E_ Ind TN" Incomo . . . 6 oombllnUend Lo\IIIYWlnning' ........... .......... V TOTAL PA TAXAIU! INCOME Add Iir* Ie, 2, 3..,5, 8.L! Ind 8. Do not ,ub\nlc1.(Io..1 "oortld on one or moll IlnOo lrom tho Ilfollt. _ 01 gllri on eny """,r Incomo lin'. NOI con ,pou'" ofllll_h I lion Ii . A TAll M lino V .6~ O.02B 11 TolII PA TII WiIhhold Irom W.2 forma. ot. . . . . .. . . . . . . . . . . . . . . . 121 CrodS lrom IIll15 PA TII Rim. I' 1'2e Plymonl Willi IIl96 BJtenliOn . . . . . . . . . 12b '888 EstimltedPlymanlI. .' , . 12d "onmld tuWlhtleldtromPA6cNdUIetNRK.' 12. ToIlll EltlmoIod Plym.ntl Ind CrodSI Add 1i_121. 12b, 12c Ind 12d 131 Hou..hoId M.mberllrom PA Schldull sp, P.rt II, lin.. 13b You, Eligibility Incomol,om PA Schadule SP, Plrt III, 11M2 130 Your ToIIIlncomo I,om PA Schadule SP,I'IIIIII, Uno I . . . . 13d TII Forgiv.n... CrodS lrom PA Schodule BP, I'Irt III, lino 7 14 Total CrldS lor T.... Paid 10 Olhor Slit.. 01 eounlrln lrom PA Schadul'(I) 0 15 EmploymonllnClntlVl p.ymonll CrodS from PA Schodul. W IB TOTAL PAYMENT ANO CREDITS Add linn II 12. 13d I. .nd 15 17 PA TAll DUE Lilli ID I. molllh.n lino 18 Makl check IB OVERPAYMENT Un. 18 II mor.then line 10. . . . IMPORTIINT: Th. tolll of linn IVI through IlId mUll equlllin. 18 IVI Amounl.llln.,B you wont.. I R.fund ChICk moiled 10 you 181> Amounl olllno 18 you wonl Clldltld 10 your 11llI7 Eltlmltld TII Accounl 180 Amount 0' line 18 you Mol to Don". '0 the Wild Rlaource eon..rVltlon Fund . . . 1ed Amount 0' IIn. 18 want to Donlt. '0 the U8 C m Ie Commltt.. PA Olvi,lan . ".,.o~" ".u., .\UtI ~ ~wt l'lliOf1UTld"~I'N'I("'I~......m,*Vl.'Itl.IIn,ntlltd"UIII sa 131 13b 130 13. -- - ------ 17 bl. to PA DEPT. OF REVENUE. 18 Dol. D,ytlm. T.lephon. Numbe' ru....' S'Iln.tur. (1lliIlng jOintly\ I 0.1. _.._ ...............-1t - ian B R. Clouse NEXT YEAR u will 1110 bo Ibl. to m,k. I don. lion 01 III or o FISCAL YEAR FILER From 10 lYPE FILER (Chock Only On.) ~g.. Mj J.q F,Q, II tMlU\i bill' beetu.. "'-pl,.' . det..M4 Inlll"" 0.11 vi OM'" RESIDENCY STATUS (ChKk Only On.) R~ NRO pO ft..,.senl Hon'~ PI"',,,, "Wlnl (n\II "..-,0\1"'" I pA,.lIt"" rrom___ 188 10 ._____1llB NAME OF SCHOOL DISTRICT CIIMREQT.AND - Carlisle l illIQ ~COOE OPTION FOR A 11llI7 BOOKLET Del. I Y'OY""naeneld I ,.' PA TuBoc*1M ftf.AD AlL !HIT 8EFOf'E COUPlEl'l'fO p~ 00" U" ClntI ,,~nd To WhOIf 00111111 ttle your .2 arm' 10 the r.vlr.1 Ildl 0' our r.lum. 37 - Ie 2 3 4 5 lc 1682 3 . 5 Do nol .dd/d.duct tin. t50 8 7 8 & sa 6 7 8 V 10 II 13b 130 You mUIllllI by ""rlt 15, 1117. FII. ..rly. If you ..n. 13d I. 15 16 13d 14 16 18 17 1&' 181> Illc IlId ouompln)f\g er.Mdllllt II'Id ..lIlT11n11. Ind tI:t 181 181> IIIe IlId ---~----~- Y..,r Occupellon II ,1,111111 x:~ . . ~IA ~ I\i~ 5l!<12 ~ Ii ~ i ~.; ~'i6 ~ ~ ~I\i ID I L ~ 5; u 8 88 888 ~~ !! J II~ . '5 .; co 000 .,., '0 o~ fi ! jH ~.. I - ~- ~~ 8 88 888 ~~ !! il , n il~ .; CC ODD .,., 1 o~ ! , I u 8 88 888 ~~ u I; , M W!~ .; Dc ciod 'N J o~ In ~I:I ,., ~ Ol ~M ~~ '": II I Ol Ii ~ ... ..I ID ..... .... 8 88 888 ~::: !5 ~ ,d' ... c ~ ~ i~K .; 00 ooc 'N ,~ o~ ::~ ~ ... l;;~'" .~ I ~ ~r;; ill g~ h Cl Ii: 1:1:;1 ~:Ol:l ~~ M ~! ~~ ~ I m ~ e ih ~ ~~ ..;..;~ N~ ~ ~, ~ ~ r I~ ~ ~ OI1.i!: ~ H f5enln .. elOl 8 88 888 ~~ I ~~~ U W~~ ci 00 cciD .,., ...~ J:: ~~ - ~ Or I~ "I , l~ ..... c( ... U ~ ~~ .( a:leng ~~~ ;~~ 8 88 888 ~Rl !! r L I: 0 Is ci dd dcid .;~ ~~i ~I I ~ N ~~ :lll85l ~~ M J- !~ ~ ~ ~~ ~r;i~ 'Rl ~ .. !I en .. ~ ~ ~ ~ ~ E ~~ ~ ~; 'l j 8 88 888 ~l:l U ill H [0 n ci do cicid ,., ; h l'i 1>" o~ ~ II d c 1 fJ' 8 88 888 ~~ !! II .; dd cicid . r ,fi f 0 I! '1:1> ~ ~ F t ,~ g ~ ~ f .r -r g~ 'j "(- ..... C M ~ ..... . B ..... ... is -. ~ I!! ~ r" 6. lij r~ tiC 0 I... N I .~ 5 ~;IIIJ~ ; - ~ " .. ~ oll .. II 5 i~ .. !ii I ~l~ RH .= ii ~ oll ~ oll .. !j M f= . . t f n j. tp fii m I Ijl !1:ll!!1 ~ I!l!~l I f" ij H d j ]g! j B !,tS ~ liB 8 88 . J~0880~Bo . l asp H 6 ~'h ] ~: tj ,30 ~ ~ 00 [, ~ ~ n i i Jl ~] I ~ ~. 1;' L. ; .. i' ] id H ;tig tJ: i I jl ~ u~~ ~~~~~~~~:~ ~ .,~~~~~ ij r 6~~]Hile~~tl~ ~r~~ ~ N .! l : ~ ~l~ ,Ij ~ ~,~f ~ ~1 j ~f~ ~ 18B 88a&1~~~~68 . .'8;8..0: :1 ] ~ ~:: h ~6E, ,,~'t "Ji~.!< i j~~ ~~C'.~~~~O" ~! Cr!!~ ~ ~ ~ j] i E i H ~ ~ 1 ~,g ll~ 1. m .. , " " ~ F ~lr ~Hh In !~nli uti j II!!!~~ ~J ~ G)~.e '8 -eg~ 5 ~~ :'/J .~.. -~k' "1"~E ~~. ~.~ ~ f !fl, II f ~J i~J EJ ~t H~ ~. ~li] ~'~ g- ~ !Jl~ f MJ I ... BJI s :E i~ aj ]~~i~l u ~ i f if ~H JH~fHJ J H~H ~I wI oJ Jl-t :-pF~~!i.r ~ 1 Olh IHuLd >>lI!~ .3J g" ]1 e 'Q~ ~ H~ ~.~ ~. .. _IDHMe. - Bj 1 :P E .E ~e5~;.E .j:::Et !nil soo; .~ ~ ~, E.u ~ ~ ~ ~:: ~ ~.~ n /;,,;; E ~p ~~~ ;i ~ E ~~ ~ U 2 ~ ~ ~ ~ 6 .~ . ~.; v..; ~ a. ~d.,q c: ~ g .5 ~ B!:. ~ 11 ES' n ."lJ F =,; b.l: ~ ~ J:S ~ ~ . i.fi ~ .,. , C"C "b'" u..c ,c ~ C "C (; .:i _ ... c.. ~ ~ ~ $ ~ ~ .6 v "':; f H H ~ t 1 H !.! ~, ~ f j ! l p~ dH ~ !i it! j i ~ . ~ i~ It ~ l"i l i il i'. i'<I ld' !~l ~~. G j G <9~nt. ljH G ROBERT K FU/.TON 1037 WAYNE AVE CARLIS/.E PA 17013 * COIelONlIIALTH Of PI,..IYLVAHIA ITATI IIlPLOYU' 1I1T1I1IIlINT_IVITlM__ ITATlIIINT Of ACCOUNT AI t. OICI_11I 31. llii) -- IR3 .....l1y the It.t. (",,1011,1 RIllr_"t Srltllll l'UlI proY'dlll .Ich....r "11th current ntlr.-nt ICCOW1t tn'oMllllton whtch lhould be helpful 'n \ntIrUlndtng the benefltl provided br the nttr...,' plln and tn doing flnarw:tll plaMlng. Thh Ult..." .It pr.,arld Ut'", the data r.corded In raur r.tlr~t account I' of D.c~r 31, .,." Ind 'I lubJect to final audtt br the IIA' tn .ccordlne. Vllh .....Ilclbl. I.v Ind rogul.II011'. PLEASI IIlflR TO THI IIIVIIIU 1101 fOil IIlPOIITANT INfOIlllATION AlOUT YOUII ITATIMINT. PRlPARlO fOR, ROBERT K FULTON t037 WAYNE AVENUE CARLISLE PA '7013 SIll '89-40-378' Oil. .f Ilrlh, 08-MAY-1980 leu M .Iglon Code' 00 N.....l Rollr_1 Oil" 08-MAY-2010 Credt lad Service II 0 11-11..... CI." !orVIn A-60 'B.4380 W!!W .!!! Covlrage Type Contrtbutton ..t. Flntl AVlr." ,.t.fr .ft' R,Ur.."t Covered Earning. "~I Non-Coverld f.rnlng, Joint Cov.r." Conv.rlton '-Dunt Nandol.r, Debl -----TAXAlLE IIIEAKDOWN Of ACCOUNT----- FULL ACCOUNT IALANCE 8.DOl( 127,30B.99 "lone. .. of 11-11-" It" Act'vtt, Contributton. L"", S.. '.r-II 'rr..r. PI,.ntl AdJua-.u. Crill I tlld Inhroll U66 . \9 ..lone. II of 11-11-11 '22.6'6.48 Arr..r. a.lanel .1 of 1'-11-" - 'WJu.~tI r,flect corractlons to rour ICCcq,t abcMJt which rau have beeI\ notHted. H' ,660, 29 . l..-o.f.rred Contr'buttons Pr.vtoual, TIled Contrlbuttons Credtted Int.r..t AcclUlt "lance II of 11-11'" "0,940.99 $3.648.90 U ,917 .69 U2.616.46 . ""It IItt.hl ar. pr..red for ...-r. who have rllched No,... 1 a,tt,..", "r. and for ....,. who hevI at IHn 10 ,.ara of creetlld ..rviel for RltUllr .'tltlMlnt and It 11.1' I ,t.r' of credited "rvlel or DI.lbtltt, ..ttr..-nt lltat. Poltcl and WerC-'t Offtc,r, hlvl no .1"1_ ..rvtCI requtr..." 'or dt..bt'tty retlt...,..". If ,eu t.,..t,..t. prior to IUIlnlng Iltllblllt)' for IIOnthi, benlftt., thlt II prtor to becCIIIlng ....tted, )'OU would be If1tttled to rleltva ,our acCCKI1t bel,nca .Inul an)' debU to the Cann...Uh II 0' ,our dill of ""'tnit,on. IINlflT UTlMATlI Current .. of 11-11-" rULL IlETlIlIMlNT - Thll CIlItl.. pr.v,doa lho ...t... ....Ihl' '302.82 .....ttt. to rou fDr I HI. If,ou dll .for. teellvtng Jour tltl Icc~l.ttd dlducttonl, the bllanc. will be JIll to ,our bonolt.t.r,lt.a'. OPTION I - Thla lIPlt.. provldOl rocb:lId _Ihl, bonollll to '293.66 ,.... for 'tf,. All -.nthl, __fltl .r, reduced 'rGlll the 'r...,t V.l",. An, "lane. r_Inlne at ,our death will be ,.Id ,. ,_ ......lIe..r'lI..l. NIIINT VALUE - Dellh .....111 ...-r lIpllOll I or 0 do.,h $6., U8. 36 -tti .lit.. ..rylel. OPTION ~ . You .., roe.hl .11 or 0 porllon of {our U2,6'6.48 ICCUIUlated deducttonl (contrtbuttonl and 'htltlltl tn. UMp ,. or tn...llMn' PI,..,," and raclhl rtcaH:ed MOnthlr .....1111 undor _ of tho othor ..lIr_1 lIPt..... lIpll... la ...11..1. ani, .t tho It... .f r.tlr_t .nd ..., hOt lie.. ,our .cctall,ted dlctJcUon" fULL IIITIIIIIlENT ADJUITEO UNOIII OPTION 4 '197,90 OPTION I ADJUITID UNOEII OPTION 4 "91.8t ADUUITED PilE lENT VALUE UNOIII OPTION I WITH OPTION 4 '.2,328,86 MAXI_ OIIAlILITY - You ""1 be -"coll, c.rtllllll b, IUI .....Ical raMlner, to be ph"tcII , or """t.ll)' tnc;Nabll of ,.,. .,..t", ,our currant tob ~tl'l. OPTION" IIIT1tl1lAIIAL II NOT AVAI AlLI IIITH A OIIAlILlTV 1lITIIlIMlNT . 'REfER TO coon A THlIOUQH II ON THE REVERSE SIDE OF TlilS FORM FOR AN EXPLANATION OF 7HE FOLLOWING CODES AS THEY APPLY TO yOUR SENEFI7 ESTIMATES, 0 PtoJacttd to .0~1 ...ttr--.t ADDITIONAL IIETIIIEIIINT OPTIONI AilE AVAILAlLI. PLEAIE TELEPHONE YOUR IEIIS 1I10lDNAL IIETIIIEMENT COUNIELOII TOLL-fIlIE 11-100-133-141,1 fOil QUEITIONI CONCEIININll YOUII IINlflT IIIGHTS 011 THII ITATEMENT or ACCOUNT. . IMPO~TANT INfO~MATION AlOUT VOU~ STATEMENT I<fV TO .INUIT UTI MATE COOl I - Due to one or more of th. following re..on., .P.CI.I condItIon. epply to yo, ben.tlt ..ttmat.. or the .It'mat.. have not b..n calculated: A S C o E F Q for 'eslS than t ,650 tn your esttmates. because you did not hours In at I..st 3 of the lalt 6 years. H I recetve full.ttme credtt durtng .ach of Ii K L M N o .p o R - ..tl...-nt Cav_red E.rn_..... - InclUdes all salary and wages (exclUdes bonuses and cash awardl) on whtCh contrtbution. were made to your account. 'Inal Av_r... Salarv (FAS) -The ftnal average BRlary assumes: ') you contributed at le8st 12 quarterlj and 2) you ere a ful'-tlma employe. If YOU DO NOT MIET 10TH Of THESE CONDITIONS, YOUR CO~~ICT fAS WILL II CALCULATID lItIN YOU ~ITI~I. ArNa... ..Iane. ... The balance owtng to your Bccount for whtch you are making payroll deductions '01'" the purch... 0' ..rvtee. ~t.rv ftAht - The amount owt"g to your ret1rement account about which you have be.n notlfted prevlaully. Th I. d.bt I I to be sat t If led . t the t I me of your ret 1 rement through an actulr ta 1 raduct Ion to your pr...nt value. 1ll,"'''CDv.~ Earnl",. - Earn1ngs which 8.c8.dad the Federal Social Security balle tor all yearl . cov.rag. "nee 0'-01"56. The.. earnings were used to determ1ne your SSI benefit and are InclUded banafit aetlmete.. CiWIIlt.. Ct... af I.rvtc.~ A - Normal Retirement Age of 60; A-aO - Normal Retirement .Age of BO; C _ Normal ..tlreMent .Age of 50.1 . State Poltce Officer or Enforcement Of"cer whose service began prior to 03"0'''74; D..' .. Normal Retirement Age of 50 as . member of the General ASlembly whale .ervlce began prior to 03-0'-74; 1-' - Normal Ret1rement Age of 60 for member. of the JUdlctary; E-2 - Normal Retirement Age of 60 al a dl.trlct JUltlcel PIERI - Service with the PUbltc SChool Employes' Retirement System; 55r-eO .. Normal Rettrement .Age of eOI 111-10 - Normel Rettrament Age of 50. It you have any credHable State or nonlltate service not InclUded. SEE YOUR RETIREMINT COIJNSELDA for Informetlon on purchasing .uch credit. ALL ~IOUESTS TO PU~CHASE SERVICI IIIST II flLID WHILI IN AN ACTIVE PAY ITATUI. ~'..ttr nt.~ {~.) - If you W1ll ach1eve 35 years of credtted lervlce prior to the age Indicated under Cl... at Service, your NRA become. your age on the date you aChieve 35 yearl of credited I.rvlee. ~~1 ..tt~nt Dat. ... The date at whtch you will achieve NRA. IINIPIT IITIMATES - ASlumptlonl used to project est1mates: t) future earntngs will be the a.me a. t99B; 2) VOL wt1' conttnue 1n your pre.ent class 81 a ful'-ttme employe; 3) rettrement table. and factors wtll remain the .."'. .1 tho.. t n u.. on 12 ~3' -96; 4) any arrearl ba lanes will be pa td (EXCI:PTION: tho.. Inembers who are currently v..te.. or In Ii furlough ItatuB): 5) your earntng. wi I' not 8liCc..d the Federal SOCial Security ta..ble wage ba.. after 19961 6) you are 8 full coveraoe member; and 1) your mandatory debt. wtth appropriate Inter.at. ha. been .etuartally reduced 'rem your present value. DIIAtILJIY-..!I.IJ.ft.l.fJlffi ... To be eltglble for a dllablltty retirement. you must haV8 at least 5 year. of credltea ..rvtc. (State Pol Ice and Enforcement Officers have no mintmum .ervtce requtrement) and be medically cartlftee by SEAS Medtcal E..mtners to be phYSically or mllntally Incapable of perform'ng your currant Job dutt.l. ".et1ng th..e eltglblllty requirements doe. not guarantee you a benefit. In order to apply for a dl.abllltj- retirement. you must ba an active contributing member of SERS or be a member tn an Inacttve leave without pa} ItatUI. See your Retirement Counselor for further detalll. ke.p thle at.t...nt In a eafa place. There I. a '8.00 charge for duplicate .tat...nte. In the event of your death. any benefit. due will be patd to your named ben.'ictary( t..). If you are unllur. Who~ you have de.tgnated, you Ihould update your ben8,tciary( leI). See your A8ttram.nt Coune.lor for the proper form. PYB510 1995-06358 cumberland County prothonotary's Office Civil Case Inquiry FULTON HOSE M (vs) FULTON ROBERT K Page 1 Reference No.. I caie Type.....l COMPLAINT - DIVORCE Ju lient.!....: .00 Ju e ASS gnedl OLER J WESLEY JR Dis osed Desc.1 GRANTED ____________ Case Comments ------------- Filed.I.....,1 T me......... t Execution Date Jur~ Trial.... Dis osed DlIte, lUg er Crt 1.: Hig er Crt 2.1 11/06/19 3 : 0/00/00 7/01/19 553MDA99 .........,...............................................,t.................. General Index Attorney Info FULTON ROSE M PLAINTIFF DEILY JOIINNA J 411 NORTH BEDFORD STREET CARLISLE PA 17013 FULTON ROBERT K DEFENDANT WEIGEL JOHN WESLEY III 1037 WAYNE AVENUE CARLISLE PA 17013 .."....,-,.................,.........................--,...............,--,. . Date Entries .-..,---,.....,----,.................,-,........,-,...-"'.,."...".-.-"'.,. 11/06/1995 12/07/1995 12/11/1995 12/12/1995 l2/ 12/ 1'95 l2/14/1995 7 7/03/1997 7 7/11/1997 8 7/24/1997 9 4/28/1998 4/28/1998 'I 6/15/1998 I 6/15/1998 2-31 6/17/1998 2 6/25/1998 ] 7/01/1998 4-36 7/29/1998 8-49 10/09/1998 7 10/15/1998 , _ _ _ _ _ _ _ _ - - - - - FIRST ENTRY - - - - - - - - - - - - - COMPLAINT - DIVORCE ADDITIONAL COUNT - EQUITABLE DISTRIBUTION ----------------------------------------------------------------- ENTRY OF APPEARANCE FOR DEFENDANT BY JOHN WESLEY WEIGEL III ESQ ----------------------------------------------------------------- SHERIFF'S RETURN (SERVED DEFT 11/22/95) SHERIFF'S COSTS $22.80 PO ATTY ----------------------------------------------------------------- PRAECIPE FOR BILL OF PARTICULARS BY JOHN WESLEY WEIGEL III ESQ ANI ~~~~~~~!f~~~~~~~~~~~~~-y~~~~~~;~~~~~~~~~~;~~-~-~~!~~-~~~-~~~-~~~~ PETITION FOR COUNSELING ----------------------------------------------------------------- ORDER _ DATED 12/13/95 - IN RE PETITON FOR COUNSLEING - RULE ISBUI UPON PLAINTIFF RtTU~NABLE 10 DAYS FROM SERVICE - BY GEORGE E HOFFI J - COPIES MAILED 12/14/95 ----------------------------------------------------------------- MOTION FOR APPOINTMENT OF DIVORCE MASTER -----------------------------------------------------------------. ORDER OF COURT APPOINTING E ROBERT ELICKER ESQ AS MASTER -----------------------------------------------------------------. PRAECIPE FOR ENTRY OF NON PROS BY JOHN WESLEY WEIGEL III EBC -----------------------------------------------------------------. AFFIDAVIT OF CONSENT - DEFENDANT -----------------------------------------------------------------. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-DEI ------------------------------------------------------------------ AFFIDAVIT OF CONSENT - PLAINTIFF -----------------------------------------------------------------. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV PECREE-PLI -----------------------------------------------------------------. ~S~~~RO~Jc~u~6pi~aT~It'A7"y7/9~~Tf~s6SI~~~fi6~g isBX ~~g~~IT~ SETTLEMENT AND SEPARATION AOREtMENT -----------------------------------------------------------------. PRAECIPE TO TRANSMIT RECORD -----------------------------------------------------------------. DIVORCE DECREE ENTERED BY GEORGE E 1I0FFPER PJ NOTICE MAILED -----------------------------------------------------------------~ 8UALIFIED DOMESTIC RELATIONS ORDER - DATED 7/29/98 - BY J WESLEY LER JR J - COPIES MAILED 7/30/98 --------------------------------------------------------~-------_. PETITION TO ENFORCE PROPERTY SETTLEMENT AND SEPAIlATION AGREEMENT -----------------------------------------------------------------. ORDER - DATED 10/14"8 - IN RE PETITION TO ENFORCE PROPEITY SETTLEMENT AND StPA TION AGREEMENT - RULE IS ISSUED UPO DEFENDA~ RETURNABLE 20 DAYS OM DATE OF SERVICE - BY J WESLEY OL R JR J - NOTICE MAILED 10/16/98 Cumberland County Prothonotary'8 Office Civil Ca8& Inquiry l"5-0635B FULTON ROSE M (V8) FULTON ROBERT K ~'f.rfifce No.. I a. ......1 COMPLAINT - DIVORCE tlix:' .ilQnia: OLER J WEsf~y JR Di'~O"d DI8C.1 GRANTED ------------ Ca8e Comment8 ------------- PYISlO . . 12/02/1UB 12/10/lUB 12/17/1UB 57 1/13/1UII 58-59 1/25/1UII 60-63 2/12/ UU 2/12/UIIII 2/121 UU 2/23/1UII 69-139 3/01/1UII 140 3/03/ lUll 141-142 3/26/111'11 143-161 4/13/1U9 162 163 164 Pag' , , Fi led. . . . . . . . I T me. '1...... I Execut In Date Jlr~ Tr al.. .. D . 08e Date. H q er Crt 1. I H q er Crt 2. I ---------------------------------------------------------------. 11/061 ! o/oO/e 551~1't PETITION TO MAKE RULE ABSOLUTE DIPrRr~'gA'lGft~~=IArTO PETITION TO ENFORCE PROPERTY SETTLEMENT ~ _______________________________________________________________a ORDE~ O~ COURT - DAr~D 12/17/98 - IN RE PETITION TO MAXE RULE ~8PyE~KAiL~~Ar~'~li~B/99 11 AM CR 1 - BY J WESLEY OLER JR J - ---------------------------------------------------------------~ ORD!R OF COURT - DnTED 1/B/1I9 - IN RE CONTINUANCE - GRANTED - M~OilgGNi'L~~sr'fq~~ID 1/14/99 3115 PM - BY J WESLEY OLER JR J - ---------------------------------------------------------------- 08DER OF COURT - DATED lll4/~f - IN RE PLAINTIFF'S PETITION TO ~E(RR)fi SR~P~S~IE~E~tf~D"T/2599BEPERATION AGREEMENT - BY J WISL ---------------------------------------------------------------- NOTICE OF APPEAL TO SUPERIOR COURT FROM ORDER ENTERED l/14/911 BY JAMES K JONES ESQ ---------------------------------------------------------------- APPLICATION FOR SUPERSEDEAS PENDING APPEAL ---------------------------------------------------------------- CONCISE STATEMENT OF THE MATTERS COMPLAINED OF ON APPEAL ---------------------------------------------------------------- TRANSCRIPT LODGED ---------------------------------------------------------------- TRANSCRIPT FILED ---------------------------------------------------------------- ~IR~rN~FA~~~~t : B~~IRDil~/'~ E~J~IA~DA~~~~COT~~~RIerNgurfiVBJBlt ~ y~ UAS 401iK) pnOG~ WITH C6ETI~~ BLUE ~O~~ U~TI& ~K~n~fi A I ~~AtO~f~sJgciif:~A~E~~1~Ai5~~NCg~~~igMII~I~ j'~9~~ioA OF RIs SUPERIOR COURT OF PA NOTICE OF APPEAL DOCKETING TO . 553NDA" ---------------------------------------------------------------- IN RE OPINION PURSUANT TO PA RAP 1925 - DATED 4/12/119 - BY J WES OLER JR J . IlXHIBITB MIBC. MEMORANDUM - l'RETRIAL BTATEMIlNTB - PLFF , DEFT