HomeMy WebLinkAbout00-02059
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF
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BARRY RHOADS
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VERSUS
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LESLIE RHOADS
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AND NOW,
DECREED THAT
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PENNA.
NO.
OQ-2059
DECREE IN
DIVORCE
~wa1o-~
'7<JO \. IT IS ORDERED AND
BARR~ Rl'lOADS
, PLAINTIFF,
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AND
LESLIE RHOADS
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
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NONE
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PROTHONOTARY
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BARRY RHOADS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 2059 CIVIL
LESLIE RHOADS,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
Jf~
day of
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2001, the economic claims raised in the proceedings having
been resolved in accordance with a marital settlement
agreement dated September 14, 2001, 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.
BY THE COURT,
Geo
cc: P. Richard Wagner
Attorney for Plaintiff
Madelaine N. Baturin
Attorney for Defendant
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THIS AGREEMENT, made this JY! day o~ by and between:
LESLIE C. RHOADS, of Enola, Cumberland County, Pennsylvania,
hereinafter referred to as "Wife",
*AND*
BARRY R. RHOADS, of Enola, Cumberland County, Pennsylvania,
hereinafter referred to as "Husband".
WIINESSEIH:
WHEREAS, the parties hereto are Wife and Husband, having been lawfully
joined in marriage on December 24, 1989; and
WHEREAS, divers unhappy differences, disputes, misunderstandings and
difficulties have arisen between the parties as a result of which the parties are
separated and are no longer living together as husband and wife; and
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:
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1. MUTUAL RELEASE. Except as herein otherwise provided, each party
hereby forever releases the other and his or her heirs, legal representatives, executors,
administrators and assigns, from any and all claims, demands or actions, past, present
or future and discharge the other of and from all causes of action, claims, rights or
demands whatsoever in law or equity, which either of the parties ever had or now has
against the other, except a cause or causes of action for divorce or all causes of action
for breach of any provisions of this Agreement. Further, each party, subject to the
provisions contained in this Agreement, releases and forever discharges the other from
any and all claims one may have against the other arising out of this matrimonial action,
including, but not limited to, alimony, alimony pendente lite, equitable distribution,
counsel fees, costs and expenses.
2. CONSIDERATION: The consideration forTHIS AGREEMENT shall be the
mutual promises and agreements contained herein.
3. NO INTERFERENCE: Each party shall hereafter be free from interference,
authority and control, direct or indirect, by the other as fully as ifhe or she were single
and unmarried. Neither of the parties shall molest the other, or compel the other to
reside at such place or places as he or she may select. Each may for his or her
separate use and benefit, conduct, carry on and engage in any business, profession or
employment which he or she may prefer or deem advisable.
4. REAL PROPERTY: The parties agree that Wife shall refinance the
mortgages on the marital home located at 11 Creekside Drive, Enola, Cumberland
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County, Pennsylvania, for an amount of $100,000.00. After the encumbrances are paid
and all settlement costs, along with all other expenses associated with the transfer are
paid, Husband received the remaining net proceeds in the amount of $38,160.06.
Simultaneously, Husband shall transfer to Wife, by General Warranty Deed, all of his
right, title, and interest in the marital real property, which is more particularly described
in the Deed of Barry Rhoads and Leslie Rhoads, Husband and Wife, dated October 21,
1993, which property was conveyed to the parties herein and recorded in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record
BookP36, Page 513. The parties have already undertaken this transaction.
More specifically, Wife shall maintain sole and exclusive possession of the
marital home.
5. DIVISION OF PERSONAL PROPERTY: The parties agree that all items of
personal property shall be divided satisfactorily by and between the parties. Wife shall
retain possession of all furnishings and appliances currently in the marital home except
those agreed upon previously by and between the parties, including but not limited to,
the collectibles obtained during the marriage, i.e. train sets, train tracks, train trails and
the large coin collection shall become the sole and exclusive property of Husband. All
bank/investment accounts shall be retained by the party who opened the account.
6. MOTOR VEHICLES: The parties hereto acknowledge that each will be
retaining the motor vehicle(s) titled in their respective names and that each will be
responsible for all expenses incidental to ownership of the vehicle(s) currently titled in
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each of their names. Wife agrees to save Husband harmless and indemnify him from
any future liability with regard thereto. Husband agrees to save Wife harmless and
indemnify her from any future liability with regard thereto.
7. PENSION PLANS: Each of the parties does specifically waive, release,
renounce and forever abandon all of their right, title and interest or claim, whatever it
may be, in any pensionlretirement!profit sharing/benefit plan of the other party, whether
acquired through said other parties' employment or otherwise, and hereafter said
pension/retirement! profitsharing/benefit plan shall become the sole and separate
property of the party in whose name or through whose employment said plan is carried
and waives any and all information relating thereto.
8. HUSBAND'S DEBTS: Husband represents and warrants to Wife that as of
the date of the separation he has not incurred, and in the future he will not contract or
incur, any debt or liability for which Wife or her estate might be responsible and shall
indemnify and save harmless Wife from any and all claims or demands made against
her by reason of debts or obligations incurred by him. Any and all loans, including
charge accounts, presently in Husband's name alone shall be Husband's sole and
separate responsibility for payment. Husband agrees to indemnify and save harmless
Wife from any loss she may sustain as a result of any default in payment by Husband.
9. WIFE'S DEBTS: Wife represents and warrants to Husband that as of the
date of the separation she has not incurred, and in the future she will not contract or
incur, any debt or liability for which Husband or his estate might be responsible and
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shall indemnify and save harmless Husband from any and all claims or demands made
against him by reason of debts or obligations incurred by her. Any and all loans,
including charge accounts, presently in Wife's name alone shall be Wife's sole and
separate responsibility for payment. Wife agrees to indemnify and save harmless
Husband from any loss he may sustain as a result of any default in payment by Wife.
10. ADDITIONAL INSTRUMENTS: Each ofthe parties shall, on demand,
execute and deliver to the other any deeds, bills of sale, assignments, consents to
change of beneficiary on insurance policies, tax returns and other documents and
do or cause to be done any other act or thing that may be necessary or desirable
to effectuate the provisions and purposes of this Agreement. If either party fails, on
demand, to comply with this provision, that party shall pay to the other, all attorney
fees, costs and other expenses reasonably incurred as a result of such failure.
11. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each
covenant, warrant, represent and agree that with the exception of the obligations set
forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for
which the estate of the other may be liable. Each party shall indemnify and hold
harmless the other party for and against any and all debts, charges and liabilities
incurred by the other after the date of execution of this Agreement, except as may be
otherwise specifically provided for by the terms of this Agreement.
12. AFTER ACQUIRED PERSONAL PROPERTY: Each of the parties hereto
shall hereafter own and enjoy, independent of any claims or right of the other, all items
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of personal property, tangible or intangible, hereafter acquired by him or her, with full
power in him or her to dispose of the same as fully and effectively, in all respects and ,
for all purposes, as though he or she were unmarried.
13. MUTUAL RELEASE: Both Husband and Wife agree to execute in a timely
fashion an Affidavit consenting to the entry of a Final Decree in Divorce to the divorce
action now pending in Cumberland County, Pennsylvania, to Docket No. 00-2059 Civil
Term. Except as provided otherwise herein, Husband and Wife, each does hereby
forever relinquish, release, discharge and waive, and by this Agreement does for
himself or herself, and his or her heirs, legal representatives, executors, administrators
and assigns, relinquish, release, direct and derivative claims, rights or demands
whatsoever, in law or in equity, which either of the parties might have against the other
by virtue of their marriage to each other. This mutual release shall include, without
limiting the foregoing generality, all present and future claims for marital support,
alimony pendente lite, permanent alimony, counsel fees, costs and expenses, and for
any share, right, interest, or claim to any property or of or concerning any property
whatsoever which may be or does become a part of the estate of the other or which is
transferred by reason of the death of the other.
Specifically included in this Agreement shall be a Release of all rights which either
party hereto has, by intestate law or any other law of inheritance in the Commonwealth
of Pennsylvania or any other state of the United States, against the estate of the other,
or any rights which either party has to take against the Last Will and Testament of the
other.
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14. IMPLEMENTATION: Each party shall execute promptly any and all
documents necessary and desirable to effectuate the terms set forth herein and the
transfer and distribution of property in accordance herewith. Each party shall sign any
documents necessary to permit the other party to transfer or dispose of his or her
individual property of whatever nature.
15. VOLUNTARY EXECUTION: The parties hereto declare that each of them
fully understands the covenants and provisions contained in this Agreement. The
parties both acknowledge that this Agreement is a fair agreement and not the result of
fraud, duress, or undue influence exercised by either party upon the other, or by any
other person or persons upon eitherparty. Each party acknowledges having the
opportunity to receive counsel and advice from an attorney of his or her choice
regarding all of his or her legal rights, duties, obligations and liabilities in connection
with, or resulting from, this Agreement. Each party has executed this Agreement freely
and voluntarily. This Agreement is not in any way intended to facilitate any divorce
proceeding instituted by either of the parties hereto, nor are any of the provisions
contained herein collusive with respect to any divorce proceeding now pending or
hereinafter instituted by either party.
16. MODIFICATION: This Agreement constitutes the entire understanding of
the parties and supersedes and supplants any and all prior agreements and
negotiations, verbal or otherwise, between them. There are no representations or
warranties other than those expressly set forth herein. No modification or waiver of any
of the terms of this Agreement shall be valid unless in writing and executed with the
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same formality as this Agreement by both parties.
17. INTENDED TAX RESULT: By this Agreement, the parties have, in effect,
equally divided their marital property. The parties have determined that such equal
division conforms to an equitable and just standard with regard to the rights of each
party. The division of the existing marital property is not, except as may be otherwise
expressly provided herein, intended by the parties to constitute in any way a sale or
exchange of assets.
18. FULL DISCLOSURE: Husband and Wife both warrant that they have made
a full and complete disclosure of all the real and personal property of whatsoever nature
and wheresoever located belonging in any way to each of them, of all debts and
encumbrances incurred in any manner whatsoever by each of them, of all sources and
amounts of income received or receivable by each party, and of every other fact
relating in any way to the subject matter of this Agreement. These disclosures are part
of the consideration made by each party for entering into this Agreement.
19. HEALTH/MEDICAL INSURANCE: Upon the divorce becoming final, each
of the parties hereto shall be responsible for their respective health/medical insurance
and neither shall look to the other for coverage in any form or fashion whatsoever.
20. COURT-ORDERED DETERMINATION: Husband and Wife both voluntarily
and knowingly relinquish any right to seek a Court-ordered determination and
distribution of marital property or award of alimony; alimony pendente lite; and counsel
fees, costs and expenses and each forever waives whatever right, if any, either has to
equitable distribution of marital property or alimony, but nothing herein contained shall
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constitute a waiver by either party of any right to seek the relief of any Court for the
purpose of enforcing the provisions of this Agreement.
Each party waives his or her right to alimony, alimony pendel'lte lite, spousal
support, counsel fees, costs and expenses, and equitable distribution of property,
except as herein provided, notwithstanding the Domestic Relations Code.
21. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and
effect unless and until terminated under and pursuantto the terms of this Agreement.
The failure of either party to insist upon strict performance of any of the provisions of
this Agreement shall in no way affect the right of such party hereafter to enforce the
same, nor shall the waiver of any subsequent default of the same or similar nature, nor
shall it be construed as a waiver of strict performance of any other obligations herein.
22. BREACH: If either party breaches any provision of this Agreement, the
other party shall have the right, at his or her election, to sue in law or in equity to
enforce any rights and remedies which the party may have, or by an action of contempt,
and the party breaching this Agreement shall be responsible for the reasonable legal
fees and costs incurred by the other in enforcing his or rights under this Agreement.
23. APPLICABLE LAW: This Agreement shall be construed in accordance
with, and governed by, the laws of the Commonwealth of Pennsylvania.
24. SEVERABILITY: If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise,
then only that term, condition, clause or provisions shall be stricken from this
Agreement and in all other respects this Agreement shall be valid and continue in full
force, effect and operation.
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25. ENTIRE AGREEMENT: This Agreement contains the entire understanding
of the parties and there are no representations, warranties, covenants or undertakings
other than those expressly set forth herein.
26. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for
convenience only. They shall have no effect whatsoever in determining the rights or
obligations of the parties.
27. INDEPENDENT SEPARATE COVENANTS: It is specifically understood
and agreed by and between the parties hereto that each paragraph hereof shall be
deemed to be a separate and independent covenant and agreement.
28. VOID CLAUSES: If any term, condition, clause or provisions of this
Agreement shall be determined or declared to be void or invalid in law or otherwise,
then only that term, condition, clause or provision shall be stricken from this Agreement
and in all other respects this Agreement shall be valid and continue in full force, effect
and operation.
29. ENTRY AS PART OF DECREE: It is the intention of the parties that this
Agreement shall survive any action for divorce which may be instituted or prosecuted by
either party and no order, judgment or decree of divorce, temporary, interlocutory, final
or permanent, shall affect or modify the financial terms of this Agreement. This
Agreement shall be embodied in, and made part of, any such judgment or decree of
final divorce. Both parties agree to have the terms of this Marital Settlement Agreement
incorporated in the final decree or divorce, for the purpose of enforcement, but not
merged therein.
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IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, and to so bind their respective heirs, personal representatives and assigns,
have signed and sealed this Agreement the day and year first above written.
WITNESS:
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(SEAL)
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF D-o.AJ~f)w~
ss:
Before me, a Notary Public, in and for Baid County and Commonwealth,
personally appeared LESLIE C. RHOADS, who, in due form of law, acknowledged
the above Agreement to be her act and deed and desire that the same be recorded
as such.
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Witness my hand and official seal this v day of~, 2001.
NOTARIAL SEAL
ANTOINETTE F. HORNE, NOTARY PUBLIC
Harrisburg, Oauphin County
My Commission Expires April 24, 2005
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(SEAL)
My Commission Expires:
****************************************************************************************************
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF C~
: ss:
Before me, a Notary Public, in and for said County and Commonwealth,
personally appeared BARRY R. RHOADS, who, in due form of law, acknowledged
the above Agreement to be his act and deed and desire that the same be recorded
as such.
Witness my hand and official seal this
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day oLJl:lI ,e, 2001.
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-..... NOTARY PUBLIC
(SEAL)
My Commission Expires:
Notarial Seal
Jill E. Fuchs, Notary Public
Lowar Alien Twp.. Cumbarland County
My Commission Expires June 16.2003
Member, PennsylvamaAssociation at Notaries
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BARRY RHOADS,
PLAINTIFF/RESPONDENT
V.
LESLIE RHOADS,
DEFENDANT/PETITIONER
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: 00-2059 CIVIL TERM
ORDER OF COURT
AND NOW, this ~
day of July, 2000, IT IS ORDERED that
neither party may dispose of in any way any marital property until further order of court.
P. Richard Wagner, Esquire
For Plaintiff/Respondent
Madelaine N. Baturin, Esquire
For DefendanUPetitioner
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BARRY RHOADS, : IN THE COURT OF COMMON PLEAS
PlaintifflRespondent : CUMBERLAND COUNTY
v. : No. 00-2059 Civil
LESLIE RHOADS, : DIVORCE
DefendantJPetitioner
RMERGRNCY PRTITION FOR SPRCIAT. RRLIRF
AND NOW, this 18th day of July, 2000, comes the Petitioner, LESLIE RHOADS, by and
through her Attorneys, the Law Offices ofBaturin & Baturin, and files this Emergency Petition
for Special Relief and respectfully avers as follows:
1) The Petitioner is Leslie Rhoads, the Defendant in connection with the above-captioned
divorce.
2) The Respondent is Barry Rhoads, the Plaintiff in connection with the above-captioned
divorce.
3) The Respondent filed for a No-Fault Divorce along with a count for Equitable
Distribution on or about March 30, 2000, to the above-captioned docket.
4) The Petitioner and Respondent own marital property consisting of real property and
personal property.
5) The marital real estate is located at 11 Creekside Drive, Enola, Cumberland County,
Pennsylvania, 17025.
6) The Respondent has been residing at the martial residence for the past 2 years while
the Petitioner had a key to the property and had access to the residence on amicable terms.
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About six (6) weeks ago, the Respondent changed the locks on the marital residence and the
Petitioner has not been back in the residence.
7) It is believed and averred that the Respondent has moved out of the marital residence
during April 2000, and presently resides with his girlfriend at 2717 Keystone Drive, Harrisburg,
PelU1sylvania.
8) The personal property that the parties accrued during their marriage includes, but is not
limited to the following:
a) large and valuable collection of coins;
b) art work;
c) furniture;
d) large and valuable collection of plates;
e) large and valuable LDB train collection; and,
f) lawn equipment.
9) The personal property is located in the marital real estate.
10) Upon being served with the divorce complaint, the Petitioner obtained counsel on or
about June 6, 2000. It was the Petitioner's intent to resolve the marital issues in an amicable
fashion. (please see attached exhibit "A").
II) On or about July 14, 2000, the Petitioner's adult son notified her that he had been at
the marital residence removing his belongings when he saw that the artwork and train collection
and other personal property were packed in boxes and were going to be removed from the marital
residence.
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12) The Petitioner is extremely concerned that the Respondent is going to remove the
marital property and either sell it or lose it or not provide infonnation on same to the Petitioner.
13) The Petitioner is serving Interrogatories and Request for Production of Documents
upon the Respondent simultaneously with this Emergency Petition.
WHEREFORE, the Petitioner, LESLIE RHOADS, respectfully requests that this
Honorable Court Order the following: 1) that the Respondent refrain from removing any of the
marital property from the marital residence; 2) that the Respondent return any marital property to
the marital residence which may have already been removed, 3) that the Respondent provide a
full accounting to the Petitioner within 10 days of all of the marital property including any and
all properly which the Respondent may have given away or sold; and, 4) that the Respondent be
stopped from selling or giving away any of the marital property.
Respectfully,
DATURIN & DATURIN
By: ~ 711. A/j/
Madelaine N. Baturin, Esquire
717 North Second Street
Harrisburg, P A 171 02
(717) 234-2427
Attorney ID# 68971
Attorney for Petitioner
Date: July 18, 2000
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EXHIBIT "A"
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LAW OFFICES
BATURIN 8 BATURIN
717 NORTH SECOND STREET
HARRISBURG, PENNSYLVANIA 17102
FLOYD M, BA TURIN
MAnE:l.AJNE N. BATURJN
MONICA r:.. BATUR.1N
HARR. Y M. SA TURIN-
TELEPHONE (717) 234.2.427
fACSIMILE (717) 234.754-.0:
M. .s. SA T1.JRJN
1917-1986
June 6, 2000
'AU,Q .4.0MITTED TO ,.l-tS BAR.
Dts1"!UCT OF COLUMBIA
P. Richard Wagner
MANCKE, WAGNER, HERSHEY & TULLY
2233 North Front Street
H.lrrisburg, PA 17110
RE: BARRY RHOADS - LESLIE RHOADS
NO. 00-2059 Civil Term
Divorce (Cumberland County)
D~ar Mr. Wagner:
This letter will serve to inform you that Ms. Leslie Rhoads has consulted our office and
has requested that we represent her interests in connection with the above-captioned matter,
It is Ollr desire at this time that the parties review the marital assets and liabilities and that
the appropriate information be exchanged in an attempt to resolve the distribution of the marital
property and finalize the divorce in an amicable fashion.
Please feel free to contact our office to review the above.
Thank you for your attention to this matter.
Respectfully,
BATURIN & BATlJRIN
By: ILJ\ 11. /L*
Madelaine N. Baturin, Esquire '
MNB/n
cc: Ms. Leslie Rhoads
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LAW OFFICES
FILE COpy
BATURIN S BATURIN
717 NORTH SECOND STREET
HARRISBURG. PBNNSYLVANIA 17102
FLOYD M. SA TURIN
MADELAINE N. SA TURIN
MONICA E. SA TURlN
HARRY M. BA TURIN"
TEL.EPHONE (717) 234-2427
FACSIM1I.E (717) 234~7544
M. S. BATURIN
1917.1986
.ALSO ADMITTED TO THE BA.R.
DISTIUCT OF COLUMBIA
July 3, 2000
p, Richard Wagner, Esquire
MANCKE,WAGNER,HERSHEY
& TULLY
2233 North Front Street
Harrisburg, PA 17110
IN RE: BARRY RHOADS - LESLIE RHOADS
NO. 00-2059 Civil Term
nivorce (Cumberland County)
Dear Mr. Wagner:
We have not heard from you since we informed you that our office is
representing Mrs. Rhoads in connection with the above captioned divorce matter.
Please inform us on how your client wishes to proceed within the next two (2)
weeks or we will serve you with Interrogatories and Request for Production of
Documents.
Thank you for your attention in this matter.
Respectfully,
BATURIN & BATURIN
By:
Made.laine N. Baturin
MNB/cac
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I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DOCUMENT
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: 7 - Ii -OJ
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BARRY RHOADS, : IN THE COURT OF COMMON PLEAS
Plaintiffi'Respondent : CUMBERLAND COUNTY
v. : No. 00-2059 Civil
LESLIE RHOADS, : DIVORCE
DefendantJPetitioner
CERTIFICATE OF SERVICE
I, Madelaine N. Baturin, of the Law Offices ofBaturin & Baturin, attorneys for the
Petitioner, Leslie Rhoads, in the above-captioned matter, do hereby certify that on July 18, 2000,
I deposited in the United States Mail, at the United States Post Office, Federal Square Station,
Harrisburg, Pennsylvania, regular fist class mail, postage pre-paid, a copy of the Emergency
Petition for Special Reliefto the following:
P. Richard Wagner, Esquire
Attorney for Respondent Barry Rhoads
LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY
2233 North Front Street
Harrisburg,PA 17110
BATURIN & BATURIN /"
By:/M VI.
Madelaine N. Baturin, Esquire
Attorney LD. # 68971
717 North Second Street
Harrisburg, PAl 7102
(717) 234-2427
Attorneys for Petitioner
Dated: July 18, 2000
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BARRY RHOADS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO:~2059
v.
: CIVIL ACTION - LAW
LESLIE RHOADS,
: IN DIVORCE
Defendant.
PRAECIPE TO TRANSMIT THE 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 Section 3301(c), 3301(d) ofthe
Divorce Code. (Strike out inapplicable section.)
2. Date and manner of service of the Complaint: April I?, 2000, by certified mail,
restricted delivery, return receipt requested.
3. (Complete either paragraph (a) or (b):
(a) Date of execution ofthe Affidavit of Consent required by Section 3301(c)
of the Divorce Code: By Plaintiff: 10/25/01
By Defendant: 10/13/01
(b)
(I)
Date of Execution ofthe Plaintiffs Affidavit required Section
3301(d) of the Divorce Code:
(2) Date of service of the Plaintiffs Affidavit unto the Defendant:
4. Related claims pending: None
5. Indicate date and manner of service of the Notice of Intention to File Praecipe to
Transmit the Record, and attach a copy of said N . 3301(d) (1)(i) of the
Divorce Code:
P. . ard Wagner, Esq.
Attorney for Plaintiff
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BARRY RHOADS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CO - .;<OS'( CiCJ~L '-r~
: CIVIL ACTION - LAW
v.
LESLIE RHOADS,
: IN DIVORCE
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 in divorce or annulment may be entered
against you by the Court. A judgment may also be entered against you for another 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, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 TIllS 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
2 LffiERTY AVENUE
Carlisle, P A 17013
(717) 249-3166
,
BARRY RHOADS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. (rl}-.:i059 &..;fl~
v.
: CIVIL ACTION - LAW
LESLIE RHOADS,
: IN DIVORCE
Defendant.
COMPLAINT IN DIVORCE
AND NOW, comes the Plaintiff, BARRY RHOADS, by and through his
attorneys, Mancke, Wagner, Hershey & Tully, and files the following Complaint in
Divorce:
1. The Plaintiff, BARRY RHOADS, is an adult individual currently residing
at 11 Creekside Drive, Enola, Cumberland County,Pennsylvania.
2. The Defendant, LESLIE RHOADS, is an adult individual currently
residing at 216 S. Enola Drive, Enola, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have both been bona fide residents of the
Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this
Complaint.
4. Plaintiff and Defendant are husband and wife having been married on
December 24, 1989, in Carlisle, Cumberland County, Pennsylvania.
,
5. There have been no prior actions of divorce or annulment between the
parties in this or any other jurisdiction.
6. Neither Plaintiff nor Defendant are members of the Armed Forces of the
United States or any of its Allies.
7. Plaintiffhas been advised of the availability of counseling and that he has
the right to request that the Court require both parties to participate in counseling.
8. The Plaintiff avers as grounds on which this action is based are:
A. That the marriage is irretrievably broken pursuant to ~3301(c) of
the Divorce Code; and
B. That as of December 29,2000, the parties will have lived
separate and apart for a period of at least two (2) continuous
years pursuant to ~3301(d) of the Divorce Code.
WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in
Divorce.
COUNT I
EQUITABLE DISTRIBUTION
9. Paragraphs 1 through 8 above are incorporated herein by reference and
made a part hereof.
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10. During the marriage, Plaintiff and Defendant have acquired various items
of marital property, both real and personal, which are subject to equitable
distribution under ~401 of the Divorce Code.
WHEREFORE, Plaintiff prays this Honorable Court:
A. Enter a Decree in Divorce;
B. Equitably distribute all property, both real and personal, owned by the
parties; and
C. Grant such further relief as the Court may deem equitable and just.
Respectfully submitted,
Mancke, Wagner, Hershey & Tully
By
r, Esquire
Attorneys for Plaintiff
Date: .a{S()f aO
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VERIFICATIOIII
I verify that the statements made in the foregoing
document are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
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BARRY RHOADS,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
NO. 00-2059 Civil Term
CIVIL ACTION - LAW
LESLIE RHOADS,
IN DIVORCE
Defendant.
CERTIFICATE OF SERVICE
I, Debra K. Spinner, Secretary in the law firm of
MANCKE, WAGNER HERSHEY & TULLY, do hereby certify that on this
date a copy of the COMPLAINT IN DIVORCE was served upon the
following person and in the manner indicated below, which service
satisfies the requirements of the Pennsylvania Rules of Civil
Procedure, by depositing the same in the United States mail,
Harrisburg, Pennsylvania, certified, restricted delivery, return
receipt requested, and addressed as follows:
Ms. Leslie Rhoads
216 S' Creekside Drive
Enola, PA 17025
By
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Debra K. Spinn , Secretary
MANCKE, WAGNER, HERSHEY & TULLY
2233 North Front Street
Harrisburg, PA 17110
P. Richard Wagner, Esquire
Attorney for Plaintiff
DATE: 04/07/00
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US Paslal Servi1:e
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail (See reverse)
Sent to
Ms. Leslie Rhoads
Street & Number
216 S. Creekside Drive
Post<9fflce, State, & ZIP Code
Erwla PA 17025
Pos.tage $ .55
Certified Fee 1.35
Special Delivery Fee
Restricted Delivery Fee 2.75
on
0> Return Receipt Showing to
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~ Whom & Date Delivered
.~ Relum Receipt Showing to Whom. 1.10
<( O.le.&Addressee'sAdikess
0 $
CO TOTAL Postage & Fees 5.75
CD
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CO -Complete Itemir'a, 4a, and 4b.
I -Print, "YO, ur name and address On the reverse of this form 80 that we can return this
.,-d to you.
-,.,AttaCh this form to the front of the mallplece, or on the back If space does not
, permit.
CD -Wrlte-Retum Receipt Rsqusstsd- on the mallplece below the article number.
. a'The Return Receipt will show to whom the snlele was delivered arid the date
i: delivered.
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following services (for an
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4a. Article Number ,J:
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BARRY RHOADS,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CO
NO. ~-2059
v.
CIVIL ACTION - LAW
LESLIE RHOADS,
IN DIVORCE
Defendant.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on April 4, 2000.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of filing and service of the Complaint.
3 .
after service
decree.
I consent to the entry of a final decree of divorce
of notice of intention to request entry of the
4. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn ~alsification to authorities.
DATE: /IJ/ P/6/ /) I
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BARRY RHOADS,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
00
NO. -9-9-2059
v.
CIVIL ACTION - LAW
LESLIE RHOADS,
IN DIVORCE
Defendant.
WAIVER OF NOTICE OF INTENTION TO
REOUEST ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) 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. I 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. ~4904 relating to
unsworn falsification to authorities.
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DATE: JI/dj../~I
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BARRY RHOADS,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
06
NO. ~-2059
v.
CIVIL ACTION - LAW
LESLIE RHOADS,
IN DIVORCE
Defendant.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(C) of the
Divorce Code was filed on April 4, 2000.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce
after service of notice of intention to request entry of the
decree.
4. I understand that I may lose rights concerning
alimony, division of property, lawyer's fees or expenses if I do
not claim them before a divorce is granted.
I verify that the statements made in this affidavit are
true and correct. I understand that false statements herein are
made subject to the penalties of 18 ?a,C.S. Section 4904,
relating to unsworn falsification to authorities.
DATE:
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BARRY RHOADS,
Plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
cc.J
NO. ~-2059
v.
CIVIL ACTION - LAW
LESLIE RHOADS,
IN DIVORCE
Defendant.
WAIVER OF NOTICE OF INTENTION TO
REOUEST ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(0) 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.
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divorce decree
decree will be
prothonotary.
I understand that I will not be divorced until a
is entered by the Court and that a copy of the
sent to me immediately after it is filed with the
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.
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LAW OFFICES
MANCKE, WAGNER, HERSHEY & TULLY
JOHN 8. MANCKE
P. RICHARO WAGNER
DAVID E. HERSHEY
WILLIAM T. TULLY
2233 NORTH FRONT STREET
HARRISBURG,
PA
17110
AREA CODE 717
234-7051
April 2, 2001
E. Robert Elicker, Esquire
9 North Hanover Street
Carlisle, P A 17013
Re: Rhoads v. Rhoads
Dear Mr. Elicker:
Enclosed herein please find the certification that discovery is complete on
behalf of the Plaintiff in the above-captioned matter.
Your attention is appreciated. _'/'--)
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PRWldks
Enclosure
cc: Madelaine N. Baturin, Esq. (w/encl.).
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BARRY RHOADS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 2059 CIVIL
LESLIE RHOADS,
Defendant
IN DIVORCE
TO: P. Richard Wagner
Attorney for Plaintiff
Madelaine N. Baturin
Attorney for Defendant
DATE: Wednesday, March 21, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
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INTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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BARRY RHOADS
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
: NO. 00 - 2059
CIVIL
19
LESLIE RHOADS
IN DIVORCE
Defendant
STATUS SHEET
DATE:
ACTIVITIES:
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BARRY RHOADS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 2059 CIVIL
LESLIE RHOADS,
Defendant
IN DIVORCE
TO: P. Richard Wagner
Attorney for Plaintiff
Madelaine N. Baturin
Attorney for Defendant
DATE: Wednesday, March 21, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
--_"'-'n__"_""
LAW OFFICES
MANCKE, WAGNER, HERSHEY & TULLY
JOHN B. MANCKE
P. RICHARD WAGNER
DAVID E. HERSHEY
WILLIAM T. TULLY
223:3 NORTH FRONT STREET
HARRISBURG,
PA
17110
PHONE (717) 234-7051
FAX (717) 234.7080
October 26,2001
E. Robert Elicker, Esquire
9 North Hanover Street
Carlisle, PA 17013
Re: Rhoads v. Rhoads
No: 99-2059
Dear Mr. Elicker:
Enclosed herein please find two copies of the signed Agreement regarding the
above-captioned matter.
Your attention is appreciated.
SinC~
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle. PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Traci .10 Colyer
Office Manager/Reporter
West Shore
697-0371 Ex!. 6535
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June 1, 2001
P. Richard Wagner, Esquire
MANCKE, WAGNER, HERSHEY & TULLY
2233.North Front Street
Harrisburg, PA 17110
Madelaine N. Baturin
Attorney at Law
BATURIN & BATURIN
717 North Second Street
Harrisburg, PA 17102
RE: Barry Rhoads vs. Leslie Rhoads
No. 00 - 2059 Civil
In Divorce
Dear Mr. Wagner and Ms. Baturin:
Mr. Wagner has returned the certification document which we sent out regarding
discovery indicating that discovery is complete. The document signed by Mr. Wagner
was March 30, 2001.
I have not heard from attorney Baturin but I will assume that all discovery is
complete and that I will not be having to address any discovery issues as this matter now
proceeds to settlement or hearing.
A divorce complaint was filed on April 4, 2000, raising grounds for divorce of
irretrievable breakdown of the marriage and the economic claim of equitable distribution.
No claims have been raised by either party for alimony or counsel fees and costs.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a
pretrial statement on or before Friday, June 22, 200 I. Upon receipt of the pretrial
Mr. Wagner and Ms. Baturin, Attorneys at Law
I June 200 I
Page 2
statements, I will inunediateIy schedule a pre-hearing conference with counsel to discuss
the issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE:
Sanctions for failure to file the pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED
IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY
TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
~
BARRY RHOADS
,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO:~2059
v.
: CIVIL ACTION - LAW
LESLIE RHOADS,
: IN DIVORCE
Defendant.
MOTION FOR APPOINTMENT OF MASTER
BARRY RHOADS, Plaintiff, moves the Court to appoint a Master with respect to the
following claims:
(X) Divorce
( ) Annulment
( ) Alimony
( ) Alimony Pendente Lite
6Q
()
()
()
Distribution of Property
Support
Counsel Fees
Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claim(s) for which the appointment of a Master is
required.
(2) The Plaintiff has appeared in the action by his attorney, MADELAINE N.
BATURIN, ESQUIRE.
(3) The statutory ground(s) for divorce (is) (are): 3301(c) and 3301(d)
(4) Delete the inapplicable paragraph(s):
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(5) The action (involves) (does not involve) complex issues oflaw or fact.
(6) The hearing is expected to take Yz E*1RW~) (days).
(7) Additional information, if any, relevant to the 1)10tion: None.
Date:2i 12/ 01
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P. Ri~agner, Esquire
Attorney for Plaintiff
ORDER APPOINTING MASTER
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AND NOW, /~..L-I J ,2001,
appointed master with respect to the following claims:
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