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HomeMy WebLinkAbout07-0448HAROLD S. IRWIN,111, ESQUIRE ATTORNEY 10 NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6050 ATTORNEY FOR PLAINTIFF GLENN G. VANASDLEN, JR., no IN THE COURT OF COMMON PLEAS OF PlalntI f : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW NO. 2007 - CIVIL TERM EMMA J. VANASDLEN, Defendant : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 GLENN 0. VANASDLENw JR., PlalntM v. EMMA J. VANASDLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007 - y'y CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 c OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is GLENN G. VANASDLEN, JR., an adult individual residing at 11 Princeton Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is EMMA J. VANASDLEN, an adult individual residing at 11 Princeton Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on May 18, 2006 in Carlisle, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. January 20, 2006 GLENN G. VANASDLEN,., aintiff HAROLD S. IRWI4, III Attorney for Plain 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 GLENN G. VANASDLEN, Plaintiff v. EMMA J. VANASDLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .NO. 2007 - CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. January 20, 2007 ry GLENN G. VANASDLEN, P ff v CP T? r :t? --T- -?-, tl?r C7 `? GLENN G. VANASDLEN, JR., Plaintiff V. EMMA J. VANASDLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2007 - 0448 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(1) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on January 23, 2007, by certified mail addressed to the defendant at 11 Princeton Drive, Carlisle, PA 17013, Certified Mail No. 7006 2760 0002 7405 8792. 3. A copy of the sender's and return receipts are attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. January 2 .f, 2007 Harold S. Irwin, III Attorney for plaintiff 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 ,41 ru Ir • ?r r ' r r r 117 N For • information visit our website at wwwuspsxOrn- CO 4 Postage $ 6 ? bR Certified Fee G rJ Postmark O Return Receipt Fee Here p (Endorsement Required) 0 Restricted Delivery Fee (Endorsement Required) ? ?S 6 O r%- Total Postage & Fees q O ru Sent To p O - ---------------------•-------- Street, Apt hlo.; Q ? PO Box N IL -- -- -- _ °•°---- --- ° City, State P+4 --- --- --------- ------ ¦ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the luck of the mailpiece, or on the" if space permits. 1. Article Addressed to: '??-- c .v.9LE Atar o l3 A. Signature X O Agent Address" B. Received by ( C. Data of J- L -6'l D. Is depvery address different from Item 1? D Yes If YES, enter delvery address below: j;6N0 servios Type Meg ? Express, Mail [] 0 Return Receipt for Merdmrtdise ? Irteured map ? C.O.D. 4. Restricted Depvery? P" Feep 2. AnIcW Number 7006 2760 0002 7405 8792 (rtansfar 5nm servke /at_, Ps Form 3811, February 2004 Dorttaetlc Return ReO@" 11021506402-W11540 EXHIBIT °A^ N L:a Z X f7i , C ?< ?- -' G fl- T? GLENN G. VANASDLEN, JR., Plaintiff V. EMMA J. VANASDLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-448 CIVIL TERM IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter hereby elects to retake and hereafter use her previous name of EMMA JANE DAVIS. l: Gwu- EMMA JA ANASDLEN EMMA E DAVIS COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF On this q?)_O`day of A 2008, before me, the undersigned officer, personally appeared Emma Jane Vanasdlen, ow known as Emma Jane Davis, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public RONN J. "SIM Notary Public CA tW g0R0UW, CWKAAW MV, 4;on*4ision BxpUos Apr 17. 2"011 tJ a _ c jAjf, ?y3?tUt3' - 'a a- ?Rh' . e7-+t? "?d ai2s.?A1? { GLENN G. VANASDLEN, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 07-0448 CIVIL TERM EMMA J. VANASDLEN, Defendant : IN DIVORCE PRAECIPE WITHDRAWAL OF APPEARANCE TO: Curtis R. Long, Prothonotary Please withdraw the appearance of Harold S. Irwin, III, Esquire on behalf of Plaintiff in the above-captioned matter. Date: March 2-<--' '2008 Harold S. IrwinZ9JQ Supreme Court 64 South Pitt Street Carlisle, Pennsylvania 17013 Telephone: 717-243-6090 APPEARANCE Please enter the appearance of Wayne F. Shade, Esquire on behalf of Plaintiff in WAYNE F. SHAM Attorney at Law 53 West Pomt}et Stree Carlisle, Pennsyhanu 17013 the above-captioned matter. Date: March a70-, 2008 e Wayne V Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff CTi ?} GLENN G. VANASDLEN, JR., Plaintiff V. EMMA J. DAVIS, formerly EMMA J. VANASDLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 07-0448 CIVIL TERM : IN DIVORCE PLAINTIFF'S MOTION TO AMEND COMPLAINT IN DIVORCE AND NOW, comes Plaintiff GLENN G. VANASDLEN, JR., by and through his attorney, Wayne F. Shade, Esquire, and respectfully represents, as follows: 1. Petitioner GLENN G. VANASDLEN, JR. (hereinafter referenced as "Husband") is an adult individual who resides at 11 Princeton Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondent EMMA J. DAVIS, formerly EMMA J. VANASDLEN (hereinafter referenced as "Wife") is an adult individual whose last known mailing address was P.O. Box 94, Kings Mill, Ohio 45034. 3. The parties were married on May 18, 2006. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle,-Pennsylvania 17013 4. On January 25, 2007, Husband filed his Complaint in Divorce herein which alleged irretrievable breakdown of the marriage. 5. After the filing of the Complaint in Divorce, Wife committed willful and malicious desertion and indignities to the person of Husband. 6. On or about August 14, 2007, Wife cleaned out the marital residence. 7. In the process of cleaning out the house, Wife smashed the garage door opener control box and then severed the cables for the garage door. She removed thousands of dollars worth of Husband's non-marital tools and furniture, permanent light fixtures that were wired into the electrical system, leaving bare wires, custom window treatments, knobs from cabinets, and even yanked a built-in microwave oven off the wall. 8. Wife hauled the contents of the marital residence to the State of Ohio where she has maintained her domicile since that time. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- 9. Husband requests leave to amend his Complaint in Divorce to add the grounds of desertion and indignities and to make claim for determination and disposition to his claim for Wife's theft of his non-marital property under the provisions of 23 Pa.C.S. §3104(a)(1). 10. Husband has requested the consent of Wife to this Petition, but Wife has refused to consent. 11. The Honorable M.L. Ebert, Jr., J., has had prior involvement in matters that are related to this matter. WHEREFORE, Husband respectfully requests that your Honorable Court grant leave to amend the Complaint in Divorce. Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- The statements in the foregoing Motion are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: August 12, 2008 .12, Z'4? Glenn G. Vanasdl , Jr. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -TI .? c s N 41 ! 1 ORDER OF COURT AND NOW, this day of N%yOol} , 2008, upon AUG 12 200?y GLENN G. VANASDLEN, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 07-0448 CIVIL TERM EMMA J. DAVIS, formerly EMMA J. VANASDLEN, Defendant : IN DIVORCE consideration of the within Petition and upon Motion of Wayne F. Shade, Esquire, attorney for Plaintiff GLENN G. VANASDLEN, JR., a Rule is issued upon Defendant EMMA J. DAVIS, formerly EMMA J. VANASDLEN to show cause why Plaintiff should not be permitted to amend his Complaint in Divorce. Rule returnable within 'I () days of date of service hereof. By the Court, ?KI?Az M.L. Ebert, Jr., J. WAYNE F. SHADE Attorney at law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ayne F. Shade, Esquire Attorney for Plaintiff nma J. Davis, formerly Emma J. Vanasdlen Pro se VIWAIASNNf i.;,Nncx moo 20 :01 WV C I onv 6002 A'tiVIUNOH.L :jlHi J0 GLENN G. VANASDLEN, JR., Plaintiff V. EMMA J. DAVIS, formerly EMMA J. VANASDLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 07-0448 CIVIL TERM : IN DIVORCE STIPULATION OF COUNSEL AND NOW, this l day of 2008, come Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 GLENN G. VANASDLEN, JR., and Defendant EMMA J. DAVIS, formerly EMMA J. VANASDLEN, by and through their respective attorneys, and stipulate and agree that Plaintiff may amend the Complaint in the Wayne . Shade, Esquire Attorney for Plaintiff 2ert ll. C;oover, Esquire Attorney for Defendant si C- i(D PTi * N p G7 GLENN G. VANASDLEN, JR., Plaintiff : CIVIL ACTION - LAW V. EMMA J. DAVIS, formerly EMMA J. VANASDLEN, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE. CARLISLE PENNSYLVANIA 17013 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-0448 CIVIL TERM : IN DIVORCE Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 WAYNE F. SHADE Attorney at Law 53 West Pomfret Streel Carlisle, Pennsylvania 17013 Wayne F. ade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant r GLENN G. VANASDLEN, JR., Plaintiff V. EMMA J. DAVIS, formerly EMMA J. VANASDLEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-0449 CIVIL TERM IN DIVORCE AMENDED COMPLAINT COUNTI DIVORCE 1. Plaintiff in this Action in Divorce is GLENN G. VANASDLEN, JR., an adult individual who resides at 11 Princeton Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is EMMA J. DAVIS, formerly EMMA J. VANASDLEN, an adult individual and citizen of the United States of America whose last known mailing address was P.O. Box 94, Kings Mill, Ohio 45034. 3. Plaintiff has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the WAYNE F. SHADE 11commencement of this Action in Divorce. Attomey at Law 53 West Pomfret Street carlisle, Pemylvaoia 17013 4. Plaintiff and Defendant were lawfully joined in marriage on May 18, 2006, in I Carlisle, Pennsylvania. 5. The parties have been living separate and apart since on or about July 24, 2007. 6. On or about August 14, 2007, Wife cleaned out the marital residence. 7. In the process of cleaning out the house, Wife smashed the garage door opener control box and then severed the cables for the garage door. She removed thousands of dollars worth of Husband's non-marital tools and furniture, permanent light fixtures that were wired into the electrical system, leaving bare wires, custom window treatments, knobs from cabinets, and even yanked a built-in microwave oven off the wall. 8. Wife hauled the contents of the marital residence to the State of Ohio where she has maintained her domicile since that time. 9. Plaintiff avers as the grounds on which this action is based that the marriage of the WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 parties is irretrievably broken. In the alternative, Plaintiff avers as the grounds on which -2- this action is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff intolerable and the life of Plaintiff burdensome. In the further alternative, Plaintiff avers as the grounds on which this action is based that Defendant has committed willful and malicious desertion, absence from the habitation of the injured and innocent spouse, without reasonable cause, since or about August 14, 2007. 10. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 11. This Action in Divorce is not collusive. 12. Both parties to this Action in Divorce are legally capable of managing their own concerns. 13. Defendant herein is not a member of the armed forces of the United States of America. 14. WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 There were no children born of this marriage. -3- 15. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. COUNT II DETERMINATION AND DISPOSITION OF PROPERTY RIGHTS 16. The averments of Paragraphs 1 through 15 inclusive above are incorporated herein by reference as though fully set forth. 17. On September 5, 2006, after the marriage, Husband transferred his non-marital residence into the joint names of Husband and Wife as tenants by the entirety. 18. The marital residence has no equity. 19. Husband requests an award of the marital residence to him and an award of compensation for his non-marital personal property that Wife removed from the marital residence under the provisions of 23 Pa.C.S. §3104 (a)(1). This is not a request for WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- equitable distribution, because it is the position of Husband that no net marital estate was accumulated during this marriage of short duration. WHEREFORE, Plaintiff demands judgment determining and disposing of his property rights and interests. Wayne F. hade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- I 1 verify that the statements made in this pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: September 16, 2008 !? Glenn G. Vanasdlen, J . WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 a; r U'+ o v GLENN G. VANASDLEN, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. EMMA J DAVIS, formerly Case No. 07-0448 EMMA J. VANASDLEN, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Defendant. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylv 17013 Telephone (717) 2--3166 n 1P. Co-over, Esquire orney ID 93285 44 S. Hanover Street Carlisle, PA 17013 GLENN G. VANASDLEN, JR., Plaintiff V. EMMA J DAVIS, formerly EMMA J. VANASDLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : Case No. 07-0448 IN DIVORCE ANSWER TO PLAINTIFF'S COMPLAINT IN DIVORCE AND COUNTERCLAIM Defendant Emma J. Davis, by and through her attorney, Sheri D. Coover, Esquire in response to Plaintiff's Amended Complaint respectfully represents as follows: ANSWER 1. Denied. Plaintiff lacks the knowledge or information to form a belief as to the Plaintiff's current residence. The Defendant admits that during her marriage to the Plaintiff the couple resided at 11 Princeton Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. Denied. It is admitted that Defendant Emma J. Davis is an adult and individual citizen of the United States of America. It is denied that her last known mailing address was P.O. Box 94, Kings Mill, Ohio 45034. The Defendants mailing address is P.O. Box 744, Carlisle, Pennsylvania 17013. 3. Denied. Defendant lacks the knowledge or information to form a belief as to the current residence of the Plaintiff. For purposes of jurisdiction and venue, Defendant admits that for six months during the marriage, previous to the filing of the Complaint, the Plaintiff resided at the marital residence identified above which is in Cumberland County, Pennsylvania. 4. Admitted. 2 5. Denied. The plaintiff and defendant have been living separate and apart since on or about July 12, 2007. On that date, the defendant was forced to go to stay at a local motel due to the fact that the plaintiff threatened to kill the defendant and threatened to put two bullets in her head. He also attempted to punch the plaintiff. The defendant left the residence in fear of her safety. 6. Denied. It is denied that the defendant cleaned out the house. On July 23, 2007, defendant filed a Petition for Protection from Abuse against the Plaintiff. On July 24, 2007, Judge Ebert issued an Order which granted the plaintiff exclusive possession of the marital residence. Prior to the entry of the Protection from Abuse Order, the Plaintiff had removed his personal belongings from the property. After the entry of the Protection from Abuse Order, the plaintiff shut off the water and took a satchel in which the defendant had numerous pictures of injuries she sustained as a result of the plaintiffs abuse. The plaintiff only left the major furniture at the property when he left. It is admitted that the defendant did remove a couch, loveseat and chair from the property, as according to an oral agreement that had been made with the plaintiff that she could have that property in exchange for some property that belonged to the defendant that the plaintiff indicated that he wanted. When the defendant returned from Ohio her antique dolls, clothes, personal property, antique twin beds, tools belonging to the defendant and sewing machines and materials from the defendant's business which included fabrics valuing over hundreds of dollars were missing from the property. 7. Denied. The defendant denies that she smashed the garage door control box or in any way damaged the garage door. The defendant detached the cables so that she could move her storage racks from the garage. The cables were not damaged and can 3 easily be plugged back into the box. The defendant also denies that she removed thousands of dollars worth of tools and furniture. All tools that belonged to the plaintiff were removed from the property when the plaintiff removed his belongings. Any furniture that the defendant removed was agreed upon with the plaintiff that she could have. The defendant further denies that she removed or damaged any light fixtures, custom window treatments, knobs from cabinets or a built in microwave oven. Upon information and belief, any damage to the property was caused by the plaintiff during one of his violent tirades against the defendant. During the plaintiffs tirades, he destroyed antiques and dishes belonging to the defendant prior to the marriage that were worth hundreds of dollars. 8. Denied. It is denied that the plaintiff moved the contents of the marital residence as described in Answer #7 above. It is further denied that the plaintiff has maintained a domicile in Ohio since August of 2007. The plaintiff has resided in Cumberland County, Pennsylvania for the last seven months prior to the filing of this pleading. The plaintiff does admit however, that she has a daughter who maintains a residence in Ohio who she visits. 9. This is a statement of law to which no response is required. However, defendant does agree that the marriage is irretrievably broken. The defendant denied that she acted indignant in any way toward the plaintiff. Defendant further denies that the plaintiff is the innocent and injured spouse. The plaintiff engaged in numerous extra- marital affairs during his marriage to the defendant. The plaintiff was also abusive toward the defendant. He threatened to abuse and shoot her on several occasions. The 4 plaintiff also pushed the defendant which caused the defendant to need to secure medical treatment. The defendant also denies that she committed willful and malicious desertion of the plaintiff. She left the marital residence in fear of her safety as a result of the abuse by the plaintiff. After the separation, the plaintiff went to stay with her daughter in Ohio for a period of time. The defendant did not desert the plaintiff during the marriage. 10. Admitted. 11. Admitted. 12. Admitted. By way of further explanation, the parties have entered into a Support Agreement dated August 5, 2008 in which the plaintiff agreed to pay the defendant four payments of $1,125.00 in exchange for the defendant waiving all further claims for spousal support, alimony pendent elite, alimony and counsel fees against the plaintiff. 13. Admitted. 14. Admitted. 15. Denied. Defendant is without information or knowledge to form a belief as to the truthfulness of this paragraph. Therefore, the averments of this paragraph are denied. Defendant has been advised that counseling is available and that the Defendant may have the right to request that the Court require the parties to participate in counseling. 16. No response is required. 17. Admitted. 18. Denied. It is denied that there is no equity in the marital residence. 5 19. Denied. Defendant requests that she be awarded the marital residence or compensation for the increase in equity of the residence during the marriage. The defendant also requests compensation for non-marital personal property that was destroyed by the plaintiff. Defendant denies that there was no net marital estate during the marriage. COUNTERCLAIM Defendant/Counter-claim plaintiff Emma J. Davis avers by way of counterclaim the following: COUNT 1 REQUEST FOR FAULT DIVORCE UNDER & 3301(a)(6) OF THE DIVORCE CODE 20. Paragraphs 1 through 19 are incorporated by reference herein in their entirety. 21. On numerous occasions, the Plaintiff placed the Defendant into a choke hold in a manner intended to intimidate and injure the defendant. 22. On or around July 12, 2007, the Plaintiff threatened to kill the Defendant by "putting two bullets in her head." 23. On or around July 15, 2007, the Plaintiff pushed the Defendant which caused her to lose her balance and fall. As a result, the defendant was forced to obtain treatment for her injuries from the Carlisle Regional Medical Center. 24. Plaintiff/Counter-claim Defendant has offered such indignities to the Defendant/Counter-claim Plaintiff who is the innocent and injured spouse as to render Defendant/Counter-claim Plaintiffs condition intolerable and life burdensome. 6 25. This action is not collusive as defined by § 3309 of the Divorce Code. WHEREFORE, Defendant/Counter-claim Plaintiff respectfully requests that this Court enter a Decree of Divorce in her favor pursuant to § 3301(a)(2). COUNTII REQUEST FOR FAULT DIVORCE UNDER § 3301(a)(21 OF THE DIVORCE CODE 26. Paragraphs 1 through 25 are incorporated by reference herein in their entirety. 27. Plaintiff/Counter-claim Defendant has committed adultery on more than one occasion during his marriage to Defendant/Counter-claim Plaintiff. 28. This action is not collusive as defined by § 3309 of the Divorce Code. WHEREFORE, Defendant/Counter-claim Plaintiff respectfully requests that this Court enter a Decree of Divorce in her favor pursuant to § 3301(a)(2). COUNT III EQUITABLE DISTRIBUTION OF PROPERTY 29. Paragraphs 1 through 28 are incorporated by reference herein in their entirety. 30. Marital property, including an increase in equity on the marital residence accumulated during the marriage. 31. Defendant/Counter-claim Plaintiff is entitled to a portion of the marital property. WHEREFORE, Defendant/Counter-claim plaintiff requests the Court to equitably divide, distribute and/or assign the marital property and liabilities of the parties. 7 COUNT IV REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREFORE INTO DIVORCE DECREE UNDER && 3104 AND 3323 OF THE DIVORCE CODE 32. Paragraphs 1 through 31 are incorporated by reference herein in their entirety. 33. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 34. While no settlement has been reached as of the date of the filing of this document, Defendant/Counter-claim Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Plaintiff/Counter-claim Defendant. 35. To the extent that a written settlement agreement might be entered into between the parties prior to the time of the hearing on this case, Defendant/Counter-claim Plaintiff desires that such written agreement be approved by the Court and incorporated into any Divorce Decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written statement agreement is reached between the parties prior to the time of the hearing, Defendant/Counter-claim Plaintiff respectfully requests that pursuant to §3104 and §3322 of the Divorce Code, the Court approve and incorporate such agreement into any final Divorce Decree entered in this case. 8 submitted, .'Coover, Esquire y ID 93285 44 S. Hanover Street Carlisle, PA 17013 GLENN G. VANASDLEN, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. EMMA J DAVIS, formerly Case No. 07-0448 EMMA J. VANASDLEN, Defendant : IN DIVORCE VERIFICATION I verify that the statements made in the foregoing pleading are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Emma J. D is Date: 9 - tq 2,' 0 E- 10 GLENN G. VANASDLEN, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. EMMA J DAVIS, formerly Case No. 07-0448 EMMA J. VANASDLEN, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 4a' day of November, 2008, I caused the foregoing ANSWER TO PLAINTIFF'S AMENDED COMPLAINT WITH COUNTERCLAIM to be served upon plaintiff's counsel via United States First Class mail addressed as follows: Wayne F. Shade 53 W. Pomfret Street Carlisle, PA 17013 Sh ri/D. Coover, Esquire orneyID 93285 44 S. Hanover Street Carlisle, PA 17013 ? f1 ' `'_' ? -, ? ? (:: . +^l^ .. .. `` rte. ,?^^??.. ? `^1, °`i- a GLENN G. VANASDLEN, JR., IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. EMMA J DAVIS, formerly Case No. 07-0448 EMMA J. VANASDLEN, Defendant IN DIVORCE DEFENDANT'S MOTION TO COMPEL DISCOVERY AND NOW, comes Defendant Emma J. Davis, by and through her attorney, Sheri D. Coover, Esquire and files the following Motion to Compel and in support thereof avers as follows: 1. On or around September 16, 2008, Plaintiff filed an Amended Complaint for divorce in the above-mentioned case. 2. The Amended Complaint contained a claim for equitable distribution. 3. On or around September 29, 2008, Defendant sent Interrogatories, Production of Document Requests and an Inventory and Appraisement of Plaintiff to Plaintiff's counsel to request information that is relevant to address the claim for equitable distribution. 4. As of this date, Plaintiff has not responded to Defendant's discovery requests. 5. Defendant has made all efforts to resolve this matter without seeking court intervention. 6. To the best of undersigned counsel's knowledge, no judge has previously been assigned to this case. WHEREFORE, Defendant respectfully requests this Court to issue an Order directing Plaintiff to produce responses to Defendant's discovery requests. emitted, Esquire Attorney Ill 93185 44 S. Hanover Street Carlisle, PA 17013 GLENN G. VANASDLEN, JR., Plaintiff V. EMMA J DAVIS, formerly EMMA J. VANASDLEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Case No. 07-0448 : IN DIVORCE CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 5TH day of September, 2009, I caused the foregoing Defendant's Motion to Compel Discovery to be served upon plaintiffs counsel via United States First Class mail addressed as follows: Wayne F. Shade 53 W. Pomfret Street Carlisle, PA 17013 submitted, S n D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 GLENN G. VANASDLEN, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. EMMA J DAVIS, formerly Case No. 07-0448 EMMA J. VANASDLEN, Defendant IN DIVORCE FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF TO: Glenn G. Vanasdlen, Jr. c/o Wayne Shade 53 W. Pomfret Street Carlisle, PA 17013 Demand is hereby made by the attorney of the Plaintiff for answers, under oath, or under Verification, to the following Interrogatories within the time and in the manner prescribed by the rules of this Court. You are required to file answers to the following Interrogatories within thirty (30) days after service upon you pursuant to, but not limited to Pa.R.C.P. 1920.22(b) and 4000 et.seq. These Interrogatories shall be deemed to be continuing in nature in accordance with the provisions of Pa.R.C.P. 4007.00 as amended. • Failure to file a written Answer to these Interrogatories within thirty (30) days could result in sanctions being entered against you. INSTRUCTIONS AND DEFINITIONS Answer each interrogatory. No question is to be left blank. If the answer to an interrogatory is "none", "unknown" or "not applicable" such statement must be written in the answer. Whenever a date, amount or other computation or figure is requested, the exact date, best estimate or approximation thereof and note that such answer is an estimate or approximation. Whenever the word "identify" or "identity" is used in reference to a person, corporation, or other entity, this means to state, if appropriate, his hers or its full name, present address and business affiliation. When answering the Interrogatories, provide any and all information, either in your possession, under your control, within your dominion or available to you, regardless of whether this information is in your personal possession or possessed by your agents, servants, employees, representatives, or others with whom you have a relationship and are capable of deriving information, documents or materials. If a legal objection is made with respect to any interrogatory, you should set forth the specific reason for such objection. If only a portion of an interrogatory cannot or will not be answered, provide the fullest answer to the interrogatory and thereafter specifically set forth the fact that the . answer is incomplete and the reason or grounds for an omission or refusals to complete. C] E 1. State your present address and identify all other persons who currently reside at your resident address or have resided at your resident address during the last year. For each person indicate how long they have lived at this residence. INTERROGATORIES ANSWER: 0 2. Describe in detail your educational background, and include the names and 0 dates of all institutions that you have attended, the dates of attendance, and a description of the degrees and certificates that you have obtained. ANSWER: 0 • 3. If you currently lack certification in any field in which you have a degree or have received training, describe in detail any and all requirements you must fulfill in order to obtain certification, how those requirements can be met, the time necessary to fulfill those requirements, and the cost of fulfilling those requirements. ANSWER: • C: • 4. Describe each position of employment held by you during the last ten years and include the name and address of your employer, the dates of your employment, your official title, if any, a description of all compensation that you received including bonuses and any benefit provided by the employment. ANSWER: is :7 5. Describe in detail all of your sources of income or compensation, whether or not reported on any tax return since January of 2003, and as to all income and asserts or services received, set forth the income, assets or services received, the nature and amount of any deductions or set-offs and the net amount received. ANSWER: 0 0 6. State whether or not you have taken any action since January 2003 to qualify Is for Social Security benefits, workers' compensation benefits, unemployment compensation benefits, or any form of public assistance and, if so, describe in detail the action taken, the results of such action, any benefits received, and the anticipated duration of such benefits. ANSWER: 7. Identify and value all personal property in which you have an ownership interest whether legal or equitable and whether owned individually or jointly, including, but not limited to all equipment, tools, machinery, vehicles, household furnishings and all household items, furniture, jewelry, furs, firearms, antiques, artwork, collections or other items and for each item listed provide: a. Date acquired; b. The value at acquisition; c. Your opinion as to its present market value; d. Its location; and e. State the nature of your ownership interest in each item. ANSWER: 0 0 8. Identify all bank and savings and loan association accounts, time deposits, certificate of deposit, savings bonds, treasury notes, savings clubs, thrift plans, money market funds, Christmas clubs and checking accounts in your name or in which you have an interest for the past three (3) years and provide: a. The name of the financial institution where the accounts are located; b. The present balance therein; c. The balance at the time of your separation from Emma Davis; d. If the account has been closed, state the ending balance, the date closed and the balance at separation; and e. Provide a copy of the checking or savings account register for each account listed for the last three (3) years. ANSWER: 0 9. For each financial interest, including any stock interest, partnership interest, other equity interest, interest as creditor, interest as employee, agent, consultant or independent contractor of any other financial interest in any business, sole proprietorship, partnership and/or corporation, you had or now have in any such entities from the date of your marriage to the defendant until the present. ANSWER: • 0 • 10. Identify any and all debts, liabilities or obligations of whatever nature, including credit/charge card accounts, personal loans, student loans and vehicle loans which you or Emma, whether individually or jointly, may have. Please provide: a. The nature of the liability or obligation; b. Date acquired; c. The identity of the creditor; d. The amount of the original liability or obligation; e. The outstanding balance on the date of your separation; £ The account numbers; and g. The term of the obligation. ANSWER: • 0 • 11. Do you have any interest, vested or otherwise in any IRA, Keogh, pensions, stock purchase options, profit sharing retirement plans or other deferred compensation plan(s)? If so, please state what type of plan and the value of such plan as of the date of your marriage and on the date of your separation. ANSWER: is 0 12. List all insurance or annuity policies of which you are or were the owner within the last three (3) years and state as to each such policy: a. The company that provides the insurance or annuity policy; b. The amounts of coverage provide by each policy; C. The amounts of premiums for each policy; and d. The names of the owners of any such policy. • • • 13. Please list any assets which you own or in which you have an interest and which were not previously stated in response to the previous Interrogatories. For each asset please provide: a. Description; b. Date of acquisition; C. Market value at date of acquisition; d. Present market value; and e. Present location of asset. ANSWER: • 0 14. Please provide the name and address of any accountant or accounting firm with which you have consulted in the past two (2) years. ANSWER: • n U 15. State the names and address of any person(s) who are witnesses or who you • believe may have knowledge or information of any relevant facts relating to the claims or defenses raised or to be raised in this divorce action. ANSWER: • 0 • 16. State the name, address and area of expertise of any and all proposed expert witnesses in this action and supply true and correct copies of all written reports rendered to you or your representative by any such proposed expert witnesses. If a report is not written, supply a summary of any oral report rendered to you. ANSWER: • 0 • 17. State the names and addresses of all proposed lay witnesses who you may call to testify in this action and supply true and correct copies of all written statements or reports rendered to you or to your representative by any such witnesses. If a statement or report is not written, supply a summary of the fact to which each witness is to testify. ANSWER • 0 • 18. Please identify all transfers, sales, exchanges or other disposition of property or assets which you made since the date of your separation from the defendant and state: a. The asset transferred; b. The name and address of such transferee; C. The money or other consideration received for the property; and d. The date of the transfer. ANSWER: • Sh ri V.-Coover, Esquire A orneyID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 0 GLENN G. VANASDLEN, JR., : IN THE COURT OF COMMON PLEAS • Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V EMMA J DAVIS, formerly Case No. 07-0448 EMMA J. VANASDLEN, Defendant IN DIVORCE VERIFICATION I, Glenn Vanasdlen, verify that the statements made in the foregoing ANSWERS TO FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Gleen Vanasdlen is Date: • GLENN G. VANASDLEN, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V1. EMMA J DAVIS, formerly Case No. 07-0448 EMMA J. VANASDLEN, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 29`h day of September, 2008, I caused the foregoing DEFENDANT'S FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF to be served upon the following in the manner indicated below: Via U.S. First Class Mail, Postage Prepaid: Wayne F. Shade, Esquire 53 W. Pomfret Street Carlisle, PA 17013 .7 S eri D. Coover, Esquire ttorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 • GLENN G. VANASDLEN, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. EMMA J DAVIS, formerly Case No. 07-0448 EMMA J. VANASDLEN, Defendant IN DIVORCE FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO: Glenn G. Vanasdlen, Jr. c/o Wayne Shade 53 W. Pomfret Street Carlisle, PA 17013 Pursuant to Pennsylvania Rules of Civil Procedure, Defendant Emma Davis, in the above entitled action requests Plaintiff Glenn G. Vanasdlen, Jr. to produce and/or permit defendant, or someone acting on defendant's behalf to inspect and copy the following documents at the LAW OFFICE OF SHERI D. COOVER, 44 S. HANOVER STREET, CARLISLE, PA 17013 or at any other place mutually agreed upon by the parties, within thirty (30) days from the date of service hereof. These requests for documents shall be deemed to be continuing. If between the time of your response and the time of trial in this case, you or anyone acting on your behalf learn of the existence of further documents which are responsive to the requests contained herein, you shall promptly furnish said documents to the undersigned. INSTRUCTIONS 1. If you claim any ambiguity in interpreting any document request or any definition or instruction applicable to a document request, you may not use such a claim as a basis for refusing to respond to the document request, but shall respond to the document request applying the broadest possible interpretation. 2. If you do not have knowledge sufficient to answer a particular document request or any part of it, state this fact in your response and state the name, address and telephone, telefax or telex number of the person or persons who possess the necessary information or knowledge. 3. If a document request calls for the production of a document not within your custody, possession or control, state this fact in your response, and state the name, address and telephone or telefax number of the person or persons having custody, possession or control of the document. 4. Where knowledge, information or documents in the possession of a legal entity is requested, such request includes the entity's employees, advisors, attorneys, • is representatives, agents, officers, directors, independent contractors, successors and assigns and all other persons acting for or on behalf of any one or more of them. 5. If any documents covered under the document requests herein are withheld from production, furnish a list of all such documents withheld that contains a complete description of each such document, including the type, date and number of pages of the document, its title (if any); a general description of its subject matter, the identity, if any, of attachments or appendices to the document; the name and identification of each person who received a copy thereof, the name and identification of the person or persons by who it was written or generated; its present custodian; and the ground or grounds upon which it is being withheld. In addition, if privilege is asserted as a ground for not producing or otherwise responding to a production request in whole or in part, describe the factual basis for the claim for privilege and the client upon whose behalf such privilege is claimed in sufficient detail as to permit the Court to adjudicate the validity of the claim of privilege. 6. In the event that any document called for by this document request has been destroyed or discarded, please identify each such document by stating any addresser and addressee; the addresses of any indicated or bind copies; the type, date, subject matter, and number of pages of the document; a description of any attachments or appendices to the document was disturbed, shown or explained; the date when it was destroyed or discarded; and the matter in which it was destroyed and discarded; and the names and identification of the persons authorizing and carrying out such destruction or • discarding. 7. The document requests set forth herein are to be deemed continuing so as to require further supplemental production if you discover, received or generate additional documents between the time of your original production of documents and the time of the final hearing held in this lawsuit. 8. All documents produced in response to the document requests herein are to be identified by the number of the request to which such documents relate. 9. This request for production is intended to cover all writing in the possession of plaintiff or subject to his/her custody and control whether possessed by the defendant or in the possession of any third party, parent or affiliate, agent, representative, accountants or attorneys for defendant. DEFINITIONS AND RULES OF CONSTRUCTION A. DEFINITIONS 1. "Communication" means the transmittal of information (in the form of facts, ideas, inquiries or otherwise). 2. "Document" is defined to be synonymous in meaning and equal in scope 40 to the usage of that term in Pennsylvania Rules of Civil Procedure • 4009(a)(1). A draft of non-identical copy is a separate document within the meaning of this term. 3. "Person" means any natural person or any business, legal or governmental entity or association. 4. "Concerning" means relating to, referring to, describing, evidencing or constituting. 5. "Interrogatories" means Defendant's Interrogatories to Plaintiff. B. RULES OF CONSTRUCTION 1. The term "all" and "each" shall be construed as all and each. 2. The connectives "and" and "or" shall be construed either disjunctively or conjunctively as necessary to bring them within the scope of the discovery request all responses that might otherwise be construed to be outside of its scope. 3. The use of the singular form of any word includes the plural and vice versa. • 0 • DOCUMENTS REQUESTED 1. Complete the attached Income and Expense Statement. 2. Complete the attached Inventory and Appraisement Statement. 3. Provide copies of all financial statements, including but not limited to monthly profit and loss statements, balance sheets, income and expense statements and cash flow statements, for any and all businesses in which you have an ownership interest, whether or not the documents were prepared by an accountant, from the time of your marriage to the defendant until the date of your separation from the defendant. 4. Provide copies of your Federal income tax return for the tax years 2003, 2004, 2005, 2006 and 2007. 5. Provide a copy of all retirement, pensions, 401(k), profit sharing or any and all other deferred compensation accounts in which you have an ownership interest, whether vested or not vested from the date of your marriage to the defendant until the date of your separation from the defendant. 6. Provide copies of all insurance policies, including statements showing the cash surrender value as of the date of your separation from the defendant. 40 7. Provide copies of the loan applications for any and all loans for which you or any business in which you have an ownership interest applies from the date of your marriage to the Defendant until the date of your separation from the Defendant. 8. Provide a copy of the ledgers for all checking, saving, money market and all similar type accounts for all businesses in which you have or had an ownership interest from the date of your marriage to the Defendant until the date of your separation from the Defendant. 9. Provide copies of all pay stubs, from any source, from the date of your marriage to the Defendant until the date of your separation from the Defendant. 10. Provide documentation from any and all relevant medical professionals certifying your full disability from work, including the date disability began, treatment records, medication records, progress notes, and expected date oAecovery. Coover, Esquire ID 93285 44 S. Hanover Street Carlisle, PA 17013 0 • GLENN G. VANASDLEN, JR., IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. EMMA J DAVIS, formerly Case No. 07-0448 EMMA J. VANASDLEN, Defendant IN DIVORCE VERIFICATION I, Glenn Vanasdlen, verify that the statements made in the foregoing RESPONSES TO DEFENDANT'S FIRST PRODUCTION OF DOCUMENT REQUEST are true and correct to the best of my knowledge, information and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Gleen Vanasdlen 0 Date: • • GLENN G. VANASDLEN, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. EMMA J DAVIS, formerly Case No. 07-0448 EMMA J. VANASDLEN, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this 29th day of September, 2008, I caused the foregoing RESPONSES TO DEFENDANT'S FIRST PRODUCTION OF DOCUMENT REQUEST to be served upon the following in the manner indicated below: Via U.S. First Class Mail, Postage Prepaid: Wayne Shade 53 W. Pomfret Street Carlisle, PA 17013 • submitted, Sh ri'D. Coover, Esquire orney ID 93285 44 S. Hanover Street Carlisle, PA 17013 0 • GLENN G. VANASDLEN, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. EMMA J DAVIS, formerly Case No. 07-0448 EMMA J. VANASDLEN, Defendant : IN DIVORCE INVENTORY AND APPRAISEMENT OF PLAINTIFF Plaintiff, Glen Vanasdlen, files the following Inventory and Appraisement of all property owned or possessed by either party at the dates indicated and all property transferred within the preceding three (3) years. Plaintiff, Glen Vanasdlen, verifies that the statements made in this Inventory and Appraisement are true and correct. Plaintiff understands that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date • Glen Vanasdlen 0 • ASSETS OF PARTIES Plaintiff, Glen Vanasdlen, marks on the list below those items applicable to the case at bar and itemizes the assets on the folliwng pages. If an item has been appraised, a copy of the appraisal is attached. O 1. Real property () 2. Motor vehicles O 3. Stocks, bonds, securities and options () 4. Certificates of Deposit () 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) O 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Business (list all owners, including percentage of ownership and • officer/director position held by a party with company) () 16. Employment (termination benefits - severance pay, workmen's compensation claim/award) () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matures and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other • 2 • MARITAL PROPERTY • Plaintiff, Glen Vanasdlen lists all marital property in which either or both parties have a legal or equtable interest individually or with any other person as of the date indicated. Item Description of Property Names of All Date of Acquisition Number Owners 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Item Cost or Value as of Date of Value as of Date of Amount of Any Number Acquisition Hearin Lien 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 0 • r1 U MARITAL PROPERTY. CONTINUED ITEM NATURE OF ANY LIEN EFFECTIVE HOLDER OF NUMBER DATE OF LIEN LIEN 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 0 • • • NON-MARITAL PROPERTY Plaintiff, Glen Vanasdlen, lists all property in which a party has a legal or equitable interest which is claimed to be excluded from marital property. ITEM DESCRIPTION OF NAMES OF ALL DATE OF NUMBER PROPERTY OWNERS AC UISITION 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. ITEM COST OF VALUE AS OF VALUE AS OF AMOUNT OF NUMBER DATE OF ACQUISITION DATE OF ANY LIEN HEARING 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 5 • • • NON-MARITAL PROPERTY. CONT. ITEM NUMBER NATURE OF ANY LIEN EFFECTIVE DATE OF LIEN HOLDER OF LIEN 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. I ITEM ER I BASIS FOR EXCLUSION FROM MARITAL PROPERTY NUM 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 6 • LIABILITIES OF PARTIES Plaintiff, Glen Vanasdlen, marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages: SECURED () 1. Mortgages () 2. Judgments O 3. Liens () 4. Other Secured Liabilities UNSECURED () 5. Credit Card Balances () 6. Purchases () 7. Loan Payments () 8. Notes Payable () 9. Other Unsecured Liabilities CONTING • () 10. () 11. () 12. () 13. () 14. () 15. • ENT OR DEFERRED Contracts or Agreements Promissory Notes Lawsuits Options Taxes Other contingent or deferred liabilities 7 r? U U LIABILITIES Plaintiff, Glen Vanasdlen, lists all liabilities of either or both parties alone or with any person as of the dates indicated: ITEM NUMBER DESCRIPTION OF LIABILITY NAMES OF ALL CREDITORS DEBTORS 1. 2. 3. 4. 5. 6. ITEM NUMBER DATE LIABILITY WAS INCURRED AMOUNT OF LIABILITY ON DATE INCURRED AND DATE OF HEARING 1. 2. 3. 4. 5. 6. 0 n U 0 • Plaintiff, Glen Vanasdlen, lists all property in which either or both parties had a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years. PROPERTY TRANSFERRED ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS DATE OF ACQUISITION DATE OF TRANSFER 1. 2. 3. 4. 5. ITEM NUMBER COST OR VALUE AS OF DATE OF ACQUISITION VALUE AS OF DATE OF TRANSFER AMOUNT OF ANY LIEN AT DATE OF TRANSFER 1. 2. 3. 4. 5. ITEM NUMBER NATURE OF ANY LIEN AT DATE OF TRANSFER EFFECTIVE DATE OF LIEN HOLDER OF LIEN 1. 2. 3. 4. 5. 9 • • • HOUSEHOLD FURNISHINGS AND PERSONALTY DESCRIPTION NAMES OF DATE OF COST OR VALUE AS OF ALL ACQUISITION VALUE AS OF OF DATE PROPERTY OWNERS ACQUISITION OF HEARING 10 ^ IL i.,L" 01MF OF THE r lrwE r?T ?Y 2009 OCT -6 A I i: 2 3 C L t"YV ??' . GLENN G. VANASDLEN, JR., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. EMMA J. DAVIS, formerly EMMA J. VANASDLEN, DEFENDANT NO. 07-0448 CIVIL ORDER OF COURT AND NOW, this 8th day of October, 2009, upon consideration of Defendant's Motion to Compel Discovery, the Plaintiff is hereby Ordered to provide to Defendant's counsel responses to the discovery which was served upon Plaintiff on September 29, 2008 on or before October 30, 2009. By the Court, ? Wayne F. Shade Esquire Attorney for Plaintiff Sheri D. Coover, Esquire Attorney for Defendant bas Cc 0 4 le-S r)nZ L L-V-cc lv/Q?U? ?kt ? M. L. Ebert, Jr., J. i'TARY 2009 € CT -9 A}- 8' 14 0 I GLENN G. VANASDLEN, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW n v. NO. 07-0448 CIVIL TERM = -'r EMMA J. DAVIS, formerly EMMA J. VANASDLEN, -z'j Defendant : IN DIVORCE ?,. p p m (: A MOTION FOR APPOINTMENT OF MASTER - j Plaintiff moves the Court to appoint a Master with respect to the following claims: ® Divorce ? Annulment ? Alimony ? Alimony Pendente Lite and in support of the motion states: ® Distribution of Property ? Support ? Counsel fees ? Costs and Expenses 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. Defendant has appeared in this action by her attorney, Sheri D. Coover, Esquire. 3. The statutory ground for divorce is irretrievable breakdown after more than two years of marital separation. 4. Miscellaneous: (a) A counseled, written agreement has been reached in which Wife waived further claims of alimony, alimony pendente lite, counsel fees and expenses. (b) The action is contested with respect to claims of equitable distribution. WAYNE F. SHADE 5. The action does not involve complex issues of law or fact. Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 .y s 6. The hearing is expected to take less than one day. Date: March 10, 2010 Wayn . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, , 2010, E. Robert Elicker, II Esquire, is appointed Master with respect to the foregoing claims. By the Court, J. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 6. The hearing is expected to take less than one day. Date: March 10, 2010 Wayn . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, -?.? , 2010, E. Robert Elicker, II Esquire, is appointed Master with respect to the foregoing claims. By the Court, WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 n N M :? C.` -4 - M- l , Y i AUG 0 5 2010 GLENN G. VANASDLEN, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO.07-0448 CIVIL TERM EMMA J. DAVIS, formerly EMMA J. VANASDLEN, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this ~ day of August, 2010, Plaintiff s having failed to respond to the Rule issued June 17, 2010, and served June 22, 2010, the Rule is hereby made absolute, and the appearance of Petitioner Wayne F. Shade, Esquire, on behalf of Plaintiff ~ is hereby withdrawn. By the Court M.L. Ebert, Jr., J. WAYNE F. SHADE Attorney at Isw 53 West Pomfret Street Carlisle, Pem~sylvania 17013 Wayne F. Shade, Esquire .Petitioner Sheri D. Coover, Esquire Attorney for Defendant ~ O N _~ C C. Glenn G. Vanasdlen, Jr. ._ ~ ,'~~=. ~ -~: -~~ ,; ~ 4` 4- ~- _;;: co ~£S ~.~~~, ~ ~ L-, ~ _ _ W {. . . GLENN G. VANASDLEN, JR. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C o V. CIVIL ACTION AT LAW `03 0 --4 CASE NO. 07-0448 z n P rn EMMAJ. DAVIS, .0 + a (formerly EMMAJ. VANASDLEN), : IN DIVORCE r-- z tV o ?. Defendant C) 3 -n 0 5c: 21 ca © AFFIDAVIT OF CONSENT - o; 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on January 22, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities Date Plaintiff GLENN G. VANASDLEN, JR. GLENN G. VANASDLEN, JR. Plaintiff V. EMMA J. DAVIS, (formerly EMMA J. VANASDLEN), Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION AT LAW : CASE NO. 07-0448 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if i do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4903 relating to unsworn falsification to authorities. .?-c ao fd = r i cd -t r?7 ` Date Plaintiff GLENN G. VAN LEN,1 r c-i br - 7 - f Aa r l C) S Zp C) C7 ^C q :t7 "w' GLENN G. VANASDLEN, JR., Plaintiff V. EMMA J. DAVIS, (formerly EMMA J. VANASDLEN) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CASE NO. 07-0448 IN DIVORCE MOTION TO VACATE DIVORCE MASTER AND NOW, comes the parties, by and through Defendant's counsel, Sheri D. Coover, Esquire and files the following MOTION TO VACATE MASTER and in support thereof avers as follows: 1. Plaintiff filed a Petition to Appoint the Master to hear the issues surrounding distribution of the martial assets and debts in the above-mentioned case. 2. The parties have settled all of the issues concerning the distribution of the marital assets and debts which has been memoralized into the attached Settlement Agreement which has been entered into and agreed upon by both of the parties. 3. The parties wish to have the appointment of the Master vacated and wish to have undersigned counsel file a Praecipe to transmit the record to request the Court enter a final decree in divorce. -0 3 a --+ C-) -vrn rn o° -BCD a• _ C_, z ? _ WHEREFORE, the parties request that this Court vacate the appointment of the Master and issue an Order allowing counsel to file a Praecipe to Transmit the record to the Court requesting the entry of the final decree in divorce. submitted, Coover, Esquire ill) 93285 44 S. Hanover Street Carlisle, PA 17013 GLENN G. VANASDLEN, JR., Plaintiff V. EMMA J. DAVIS, (formerly EMMA J. VANASDLEN) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA CASE NO. 07-0448 IN DIVORCE CERTIFICATE OF SERVICE I, Sheri D. Coover, Esquire hereby certify that on this P day of December, 2010, 1 caused the foregoing MOTION TO VACATE DIVORCE MASTER to be served upon the Plaintiff via United States First class mail addressed as follows: Glenn G. Vanasdlen, Jr. 11 Princeton Drive Carlisle, PA 17013 RespedfUlly submitted, & i D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 M SETTLEMENT AGnRQEEMENT THIS AGREEMENT, made this ON day of 2010 by and between GLENN VANASDLEN (hereinafter referred to as "Husband") AND EMMA VANASDLEN (hereinafter referred to as "Wife") ARTICLE ONE j[PERATION 1.1 SEPERATION OF PARTIES. The parties have acknowledged that due to irreconciliable differences they have a desire to live separately and apart. 1.2 INTENTION TO LIVE APART. The parties intend to maintain separate domiciles and intend to live at these domiciles apart from each other. SPOM SUPPORT, ALIMONEY PENDENTE LITE, ALIMONY AND COUNSEL FEES 2.1 CONSIDERATION. The parties agree to waive any future claims of spousal support, alimony pendente lite, alimony and counsel fees against the other party. ARTICLJ THREE PROPERTY DISTRIBUTION 3.1 EQUITABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 3.2 REAL PROPERTY. Wife has agreed to surrender any interest to which she may otherwise be entitled to Husband in the property at it Princeton Drive, Carlisle, Pennsylvania. The parties agree that a Quit Claim deed will be executing to transfer any interest that Wife has in the property to Husband. After the deed transfer is accomplished, it is agreed that all Interest in the property at 11 Princeton Drive, Carlisle, Pennsylvania will be held by Husband. Husband will also thereafter be responsibility for any debts or liabilities associated with the ownership of this property. 3.3 PERSONAL PROPERTY. The parties agree that they have effectuated a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them and they mutually agree that each parry shall be the sole and separate owners of all such tangible personal property in his or her possession from and after the date of the execution of this agreement. 3.4 SAVING AND CHECKING ACCOUNTS. The parties agree that since the date of separation they have maintained separate bank accounts and hereby waive any claims to any monies in any account which is maintained by the other party as of the date of the signing of this agreement. 3.5 PENSION PLAN. The parties agree that they release and waive any claim in the opposite spouse's pensions and/or retirement plans (if any) accumulated before, during or after the marriage. 3.6 DEBTS. The parties agree to take responsibility for any debts and/or accounts that are in their name, regardless of if the debts was incurred prior to, during or after the date of marriage. The parties agree that they will release and waive any claims in the future from the other party for any debts that are in their name. GENERAL PROVISIONS 4.1 TAXES. The parties shall file separate federal, state and local tax returns for the tax year 2010 and all years following. The parties shall not make a claim for any refunds, stimulus checks or other monetary compensation related to the filing of said returns. Both parties shall cooperate in providing all necessary documentation to the tax preparer to allow for a complete and timely filing of any returns. 4.2 HEALTH INSURANCE. The parties agree that they will maintain their own health insurance as of the date of the execution of this Agreement. 4.3 FULL DISCLOSURE. Each party acknowledges that they have made full disclosure to the other party as to the size, degree and extent of their income, assets and debts which are relevant to any claims for spousal support, alimony, alimony pendente lite, counsel fees and equitable distribution. 4.4 REPRESENTATION BY INDEPENDENT COUNSEL. Each of the parties acknowledge that they have the right to be represented by independent counsel In the execution of this agreement. Husband is represented by himself and Wife is represented by Sheri D. Coover, Esquire. 4.5 AGREEMENT VOLUNTARY AND CLEAR. The parties acknowledge that he or she respectively: a). is fully and completely informed as to the facts relating to the subject of this Agreement and as to the rights and liabilities of both parties under the law; b). Enters Into this Agreement voluntarily after receiving the advice of legal counsel or having had the opportunity to do so; c). Has carefully read each provision of this Agreement; d). Fully and completely understands each provision of this Agreement. 4.6 AMENDMENT OR MODIFICATION. This Agreement may be amended or modified only by a written instruction signed by both parties. 4.7 SUCCESSORS AND ASSIGNS. Unless otherwise provided herein, this Agreement will be binding on the parties respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties hereto. 4.8 LAW GOVERNING AGREEMENT. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof irrespective where in the world either or both of the parties may reside. Any disputes that may arise in connection with this Agreement shall be resolved in the Court of Common Pleas of Cumberland County, Pennsylvania. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year above written. GLENN G. VA ASDLEN, JR. D?J 1kWV&---J EMMA VANASDLEN GLENN G. VANASDLEN, JR., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA V. EMMA J. DAVIS, (formerly EMMA J. VANASDLEN) : CASE NO. 07-0448 : IN DIVORCE ORDER AND NOW, this 7' day of -bu?,..(•ci . 2010, after consideration of the parties' Motion to Vacate the Divorce Master, and being that the economic claims raised in the proceedings have been resolved in accordance with a marital settlement agreement dated September 29, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce Distribution List: Glenn G. Vanasdlen, Jr. 11 Princeton Drive, Carlisle, PA 17013 C-) 0 -n Sh i D C E i =' " Cz m- er . oover, squ re r 44 S. Hanover Street, Carlisle, PA 17013 x?rn ?o -, a :jo o -v -n z° -q r-c w °rn GLENN G. VANASDLEN, JR Plaintiff V. EMMA J. DAVIS, (formerly EMMA J. VANASDLEN), Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION AT LAW CASE NO. 07-0448 IN DIVORCE AFFIDAVIT F CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on January 22, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities tl 8 L20 16 C? Date Plaintiff EMMA DAVIS VANASDLEN r? o o? Z +n Cp %0 .. ! Orn 5 O NOTARY PU TATE OF OHIO MY COMMISSION EXPIRES 12/22/2 '11 GLENN G. VANASDLEN, JR. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION AT LAW : CASE NO. 07-0448 EMMAJ. DAVIS, (formerly EMMA J. VANASDLEN), IN DIVORCE Defendant DECREE BINDER 53301(C 1 OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4903 relating to unsworn falsification to authorities. Date Defendant EMMA DAVIS VANASDLEN Gli C o _d KYL co q NOTARY PUBLIC, STATE OF OHIO MY MYCOMMISSION EXPIRES 1222012 car- ti Zrn P X 4- C:i'C ?o n ©rn -? -c crr rn ;:0 GLENN G. VANASDLEN, JR Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. EMMA J. DAVIS CIVIL DIVISION (formerly EMMA J. VANASDLEN), ; No. 07-0448 CIVIL TERM Defendant . 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: C- Irretrievable breakdown under § (3301(c)) and s C CD § (3301(01)) of the Piyw",Gede. (Strike out inapplicable section.) r+?w r -I rn 2. Date and manner of service of the complaint: Service by certified mail on January 2, 2007 -' 3. Complete either paragraph (a) or (b). x o 3 . (a) Date of execution of the affidavit of consent required by § 3301(c) of y r Divorce code: ? by plaintiff 12/l/201 0 ; by defendant 11/8/2010 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: 12/2/2010 Date defendant's Waiver of Notice was filed with the Prothonotary: 11/24/2010 Attorney for 'Defendant GLENN G. VANASDLEN, JR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. EMMA J. DAVIS (formerly EMMA J. VANASDLEN) NO 07_044$ DIVORCE DECREE AND NOW, ?ecQ ?n`oC? 2z , 1,010 , it is ordered and decreed that GLENN G. VANASDLEN, JR plaintiff, and EMMA J. DAVIS (bmm*EMMAJ.VANASDLEN) , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. Attest: By the Court, ?a?aat??o Cert. 0py mou.4ot -16 Pf ff