HomeMy WebLinkAbout00-02083
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
. RAYMOND C. BAILEY, SR.
. Plaintiff
VERSUS
.
PHYLLIS T. BAILEY.
.
Defendant
PENNA.
~(). 00-2083 CIVIL TERM
DECREE IN
DIVORCE
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AND NOW,
, PLAINTIFF,
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IT IS ORDERED AND
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DECREED THAT C. Bailev. Sr.
.
AND Phvllis T. Bailev
, 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;
These proceedings are bifurcated pursuant to the Court's Order of
December 26, 2000, and the Court retains iurisdiction of all collateral
issues raised in these proceedings.
By TH E Co R
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PROTHONOTARY
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f ,/ RAYMOND C. BAILEY, SR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION LAW
vs.
NO. 00 - 2083
CIVIL
19
PHYLLIS T. BAILEY
IN DIVORCE
Defendant
STATUS SHEET
DATE:
ACTIVITIES:
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RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 2083 CIVIL
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
TO: Bradley L. Griffie
, Attorney for Plaintiff
Family Law Clinic , Attorney for Defendant
DATE: Wednesday, May 7, 2003
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.
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RAYMOND C. BAILEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 00 - 2083 CIVIL
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
RESCHEDULED PRE-HEARING CONFERENCE
TO: Bradley L. Griffie
, Counsel for Plaintiff
P. Richard Wagner
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 24th day of October, 2003, at 9:30 a.m.,
at which time we will review the pre-trial statements
previously filed by counsel, define issues, identify witnesses,
explore the possibility of settlement and, if necessary,
schedule a hearing.
Very truly yours,
Date of Notice: 8/26/03
E. Robert Elicker, II
Divorce Master
Bradley L. Griffie, Attorney for Plaintiff, has not filed a
pre-trial statement as of the date of this notice.
P. Richard Wagner, Attorney for Defendant, filed a pre-trial
statement on June 20, 2003.
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RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 00 - 2083 CIVIL
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND PARTIES
TO: Bradley L. Griffie Counsel for Plaintiff
Raymond C. Bailey, Sr. , Plaintiff
P. Richard Wagner , Counsel for Defendant
Phyllis T. Bailey , Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 27th day of February 2004, at 9:00 a.m.,
with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of settlement
of claims. If issues remain after the conference, a hearing
will be scheduled at another date.
Very truly yours,
Date of Notice: 10/31/03
E. Robert Elicker, II
Divorce Master
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RAYMOND C. BAILEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 00 - 2083 CIVIL
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
PRE-HEARING CONFERENCE
TO: Bradley L. Griffie
, Counsel for Plaintiff
P. Richard Wagner
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 24th day of October, 2003, at 9:30 a.m.,
at which time we will review the pre-trial statements
previously filed by counsel, define issues, identify witnesses,
explore the possibility of settlement and, if necessary,
schedule a hearing.
Very truly yours,
Date of Notice: 8/26/03
E. Robert Elicker, II
Divorce Master
Bradley L. Griffie, Attorney for Plaintiff, has not filed a
pre-trial statement as of the date of this notice.
P. Richard Wagner, Attorney for Defendant, filed a pre-trial
statement on June 20, 2003.
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@'R1:F:FI'E & J\sSOaAT'ES
Attomeys and Counselors at Law
Bradley L. Griffie, Esquire
Marylou Matas, Esquire
Weudy J. F. Grella, Esquire
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
Rohin J. Goshorn
Legal Assistant
38 North Main Street
Chamhersbnrg, PA 17201
(717) 267-1350
Reply to: Carlisle
(800) 347-5552
Fax (717) 243-5063
August 22, 2003
E. Robert Elicker, n, Esquire
Divorce Master
9 Nortl1 Hanover Street
Carlisle, P A 17013
RE: Bailey v. Bailey
No. 00-2083
Dear Mr. Elicker:
As the file will reflect in the above captioned matter, I am attorney of record for the
defendant, Raymond C. Bailey, Sr. Ms. Bailey, who is now represented by P. Richard Wagner,
Esquire, has been involved with various counsel through the assistance of the Family Law Clinic
and private counsel prior to that time.
Through prior representation, Ms. Bailey made comments, proposals, and suggestions to
Mr. Bailey, either directly or through third parties, relative to settlement in this case. Mr. Bailey
was lead to believe that settlement was imminent on numerous occasions and we attempted to
consummate settlement.
When Ms. Bailey secured new private counsel, Mr. Bailey had not yet provided me with
a wide array of details associated with the divorce case. In fact, I fully believe that Mr. Bailey
was somewhat caught off guard by the fact that Ms. Bailey secured private counsel.
Under any circumstances, there was a period of time over the last two months were Mr,
Bailey did not maintain contact with my office as he should have and did not respond to my legal
advice relative to providing information and preparing documents for filing with your office.
This led me to prepare a Petition to Withdraw as counsel.
However, upon notification to Mr. Bailey that I intended to withdraw in this case, I
believe he fully understood the seriousness of this matter and the sincerity of Ms. Bailey in her
determination to resolve this matter through the assistance of Attorney Wagner. This led Mr.
Bailey to schedule an appointment with me.
Unfortunately, his companion of some three decades, has recently been extremely
involved and overwhelmed with the emergency medical conditions of her father. Because of
this, Mr. Bailey was obligated to reschedule an appointment with me that he had scheduled this
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week. At our upcoming appointment, I plan to discuss with him his obligations to my office but,
more importantly, his obligations to file documentation with the Master's Office.
I believe that Mr. Bailey understands the legal aspects of the procedure in which we are
involved with at this point. I believe with the rescheduling of the appointment with me, I will be
able to secure sufficient information from him to prepare a comprehensive and detailed
Inventory and Appraisement, as well as a comprehensive and detailed Pre-Trial Statement that
goes far beyond the limited references in Ms. Bailey's Pre-Trial Memorandum.
With all of this in mind, and in consideration of the fact that no request for any type of
continuances have been previously forwarded to you in this matter, I respectfully request that
you reschedule the Pre-Trail Conference presently scheduled for September 19,2003. I would
appreciate if you would provide me with the courtesy of several additional weeks to meet with
Mr. Bailey secure additional documentation, prepare a detailed Pre-Trial Statement, and
Inventory and Appraisement for filing and thereafter, schedule the Pre-Hearing Conference.
I apologize for the delay that has occurred in this matter, but I want to point out that these
parties, as Mr. Bailey will submit, separated some thirty years ago and, therefore, any failure to
advance the case for a month or two in this matter will not have any adverse impact upon Ms.
Bailey.
Your courtesy in this regard is appreciated.
BLG/kjl
Cc: RaymondC. Bailey, Sr.
P. Richard Wagner, Esquire
[Via Facsimile & U.S. Mail; Fax #: (717) 234-7080]
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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 Jo Colyer
Office Manager/Reporter
West Shore
697-0371 Ex!. 6535
May 22, 2003
Bradley L. Griffie
Attorney at Law
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
Erin L. Benson
Certified Legal Intern
Family Law Clinic
45 North Pitt Street
Carlisle, PA 17013
RE: Raymond C. Bailey, Sr. vs. Phyllis T. Bailey
No. 00 - 2083 Civil
In Divorce
Dear Mr. Griffie and Mr. Benson:
Both counsel have certified that discovery is complete. A divorce
complaint was filed on April 5, 2000, raising grounds for divorce of
irretrievable breakdown of the marriage. The complaint averred that the
parties have lived separate and apart since 1975. An affidavit under
Section 3301(d) of the divorce code was filed on April 5, 2000, averring a
separation in excess of two years.
On April 14, 2000, an answer and new matter were filed by the
Defendant in which the Defendant raised the economic claim of equitable
distribution. On January 31,2001, a petition for related claims was filed
by the Defendant raising economic issues of counsel fees, costs, and
expenses and alimony and alimony pendent elite.
The parties were divorced on February 23,2001, based on a
petition for bifurcation; jurisdiction was retained over collateral issues
raised in the proceedings.
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Mr. Griffie and Mr. Benson
22 May 2003
Page 2
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 20, 2003. Upon
receipt of the pretrial statements, I will immediately 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.
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FAMILY LAW CLINIC
A service to the community by students
from The Dickinson School of Law
of The Pennsylvania State University
The Dale F. Shughart Community Law Center
45 North Pitt Street
Carlisle. PA 17013-2899
(717) 243-2968
Fax: (717) 243-3639
May 21, 2003
Robert Elicker, Esq,
Divorce Master
9 North Hanover St,
Carlisle, PA 17013
RE: Bailey v, Bailey, 00-2083
Dear Mr, Elicker:
Enclosed please find the certification that discovery is complete in the abovementioned
case,
If you have any questions or concerns, please feel free to contact me,
Sincerely,
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Erin L. Benson
Certified Legal Intern
Encl,
cc: Phyllis Bailey,
Bradley Griffie, Esq,
PENNSrATE
., The Dickinson School of Law
An Equal Opportunity University
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RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 2083 CIVIL
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
TO: Bradley L. Griffie
, Attorney for Plaintiff
Family Law Clinic , Attorney for Defendant
DATE: Wednesday, May 7, 2003
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.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
Jffi; %T~OJ
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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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RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 2083 CIVIL
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
TO: Bradley L. Griffie
, Attorney for Plaintiff
Family Law Clinic , Attorney for Defendant
DATE: Wednesday, May 7, 2003
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 w a ation is r 'ed that is not
complete in order to the case for trial
and indicate w r there are an tanding
interrog t es or discovery motions.
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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
PA~TY 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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RAYMOND C, BAILEY, SR,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
CIVIL ACTION - LAW
: NO, 06- 2083 CIVIL TERM
PHYLLIS T. BAILEY
Defendant
AND NOW,
ORDER APPOINTING MASTER
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with respect to the following claims: Equitable Distribution of Property,
BY THE COURT:
~ J.
ERIN L. BENSON
ROBERT E, RAINS
Attorney for Defendant
FAMILY LAW CLINIC
.45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
BRADLEY GRIFFIE
Attorney for Plaintiff
Griffie & Associates
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
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RAYMOND C, BAILEY, SR.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
CIVIL ACTION - LAW
: NO, 00-2083 CIVIL TERM
PHYLLIS T, BAILEY
Defendant
MOTION FOR APPOINTMENT OF MASTER
Phyllis T, Bailey, Plaintiff, moves the court to appoint a master with respect to the following
claims:
()
()
()
()
Divorce
Annulment
Alimony
Alimony Pendente Lite
(X) Distribution of Property
( ) Support
( ) Counsel Fees
( ) Costs and Expenses
and in support of the motion states:
1, Discovery is complete as to the claim for which the appointment of a master is
requested,
2, The defendant has appeared in the action and is represented by Bradley Griffie,
Esquire,
3, The statutory ground for divorce is Pa,C,S,A S 3301 (d),
4, The action is contested with respect to the following claims: Equitable Distribution
of Property,
5, The action does not involve complex issues oflaw or fact.
6, The hearing is expected to take 1 day,
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Date </ (2.) / (j :3
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Erin L, Benson
Certified Legal Intern
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ROBER, S
THOMAS M. PLACE
Supervising Attorney
LUCY JOHNSTON-WALSH
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717/240-5204
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RAYMOND C, BAILEY, SR.,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
PHYLLIS T. BAILEY,
Defendant
: NO. 0-0 . :lo ~ 3 CIVIL TERM
: 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 will proceed without you and a decree of divorce or annulment may be entered against
you for any 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, Cumberland
County, Peunsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
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 HA VB 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
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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RAYMOND C. BAILEY, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
PHYLLIS T. BAILEY,
Defendant
: NO. 0tJ -;;'0 ~ CIVIL TERM
: IN DIVORCE
COMPLAINT IN DIVORCE
NO FAULT
1. Plaintiff is Raymond C. Bailey, Sr., an adult individual currently residing at
670 Mohawk Road, Carlisle, Cumberland County, Pennsylvania, since 1968.
2. Defendant is Phyllis T. Bailey, an adult individual currently residing at 236
West North Street, Carlisle, Cumberland County, Peunsylvania.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has
been so for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on March 27, 1955, in Hagerstown
Maryland,
5. There have been no other prior actions for divorce or annulment between the
parties, except an action initiated by the Defendant herein on or about October I, 1991,
docketed in the Court of Common Pleas of Cumberland County to No. 3374 Civil 1991,
which action was stricken for inactivity,
6. Neither the Plaintiff nor the Defendant are members of the United States
Armed Forces or its Allies.
7. Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling. Knowing this, Plaintiff
does not desire that the Court require the parties to participate in counseling.
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8. Plaintiff and Defendant are citizens of the United States of America,
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety
(90) days from the date of the filing of this Complaint, consent to this divorce,
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to
23 P.S. Section 3301 (c) of the Domestic Relations Code.
COUNT II
II. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in
their full text.
12. The parties have been living separate and apart since at least 1975.
WHEREFORE, Plaintiff request your Honorable Court to enter a divorce pursuant to
23 P,S. Section 3301(d) of the Domestic Relations Code,
Respectfully submitted,
, fie, Esquire
y fo Plaintiff
FFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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VERIFICATION
I verifY that the statements made in the foregoing Complaint 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,
DATE: f- 3 -0 ()
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RAYMOND C. BAILEY, SR"
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v,
CIVIL ACTION - LAW
: NO. iJ't) - .J-o?J CIVIL TERM
: IN DIVORCE
PHYLLIS T. BAILEY,
Defendant
NOTICE
If you wish to deny any of the statements set forth in the attached affidavit, you must file
a counter-affidavit within twenty days after this Affidavit has been served on you or the
statements will be admitted.
AFFIDAVIT UNDER ~3301( d) OF THE DIVORCE CODE
1. The parties to this action separated on or before 1975 and have continued to live
separate and apart since that time.
2. The marriage is irretrievable broken,
3, 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 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 falsifications to authorities.
DATE:J/ - ~ ~D 6
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RA OND. BAILEY, SR., Ilfaintiff
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RAYMOND C. BAILEY, SR.,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
PHYLLIS T, BAILEY,
Defendant
: NO. 00-2083 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this \t~day of 1\0<\\ ,2000, comes, Bradley L. Griffie,
Esquire, Attorney for Plaintiff, and states that he mailed a certified and true copy of a Complaint
for Divorce to the Defendant, Phyllis T. Bailey, at 236 West North Street, Carlisle, Pennsylvania,
by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached
hereto indicating service was made on April 8, 2000.
i ~,,"Esquire
& SOCIA TES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Sworn and subscribed to
before me this I ~-f& day
of Apn \ , 2000.
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Notarial Seal
Karisa J. L6hman, Notary Public
CarlIsle Boro. CumbeIland County
My 'Commission Explres Aug, 25, 2003
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3 -Complete items 1 and/or 2 for additional services.
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RAYMOND C. BAILEY, SR.,
Plaintiff/Petitioner
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: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
PHYLLIS T. BAILEY,
Defendant/Respondent
: NO. 00- 2083
: IN DIVORCE
ORDER OF COURT
AND NOW this)...J day of () ~
CIVIL TERM
, 2000, upon presentation and
consideration of the within Petition for Bifurcation and Rule to Show Cause, a Rule is issued
upon the Respondent to show cause, if any she has, as to why the request for bifurcation made by
the Petitioner should not be granted.
Rule returnable J.o days after service by first class mail postage prepaid upon counsel
of record for the Respondent.
BY THE COUR
cc:
Bradley L. Griffie, Esquire
Attorney for Plaintiff/Petitioner
Andrea C. Jacobsen, Esquire
Attorney for Defendant/Respondent
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RAYMOND C. BAILEY, SR.,
Plaintiff/Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
PHYLLIS T. BAILEY,
Defendant/Respondent
: NO. 00- 2083
: IN DIVORCE
CIVIL TERM
ORDER OF COURT
AND NOW this
day of
, 2000, upon presentation and
consideration of the within Petition for Bifurcation IT IS ORDERED AND DIRECTED AS
FOLLOWS:
1. The Petition shall be decided under Pa. Rule of Civil Procedure 206.7.
2. Any depositions to be taken in this matter shall be completed by no later than
the
day of
,2000.
3.
Briefs shall be filed in this matter by
, the
day of
,2000, and argument shall be held in Courtroom number
of the Cumberland County Courthouse, Carlisle, Pennsylvania, on
the
day of
, 2000, at
o'clock ,m.
BY THE COURT,
J.
cc: Bradley 1. Griffie, Esquire
Attorney for PlaintifflPetitioner
Andrea C. Jacobsen, Esquire
Attorney for Defendant/Respondent
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RAYMOND C. BAILEY, SR.,
Plaintiff/Petitioner
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
PHYLLIS T. BAlLEY,
Defendant/Respondent
: NO. 00- 2083
: IN DIVORCE
CIVIL TERM
ORDER OF COURT
AND NOW this
day of
, 2000, upon presentation and
consideration of the within Petition for Bifurcation, a Rule is hereby issued upon the
Respondent, Phyllis T. Bailey, to show cause, if any she has, as to why the request for
bifurcation made by the Petitioner should not be granted.
Rule returnable at a hearing to be held on
, the
day of
,2000, at
o'clock .m. in Courtroom number
of the Cumberland County Courthouse, Carlisle, Peunsylvania.
Service to be made upon the Respondent by first class mail, postage prepaid upon
counsel of record for the Respondent.
BY THE COURT,
J.
cc: Bradley 1. Griffie, Esquire
Attorney for Plaintiff/Petitioner
Andrea C. Jacobsen, Esquire
Attorney for Defendant/Respondent
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RAYMOND C. BAILEY, SR.,
PlaintifflPetitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
PHYLLIS T. BAILEY,
Defendant/Respondent
: NO. 00- 2083
: IN DIVORCE
CIVIL TERM
PETITION FOR BIFURCATION AND RULE TO SHOW CAUSE
AND NOW comes Petitioner, Raymond C. Bailey, Sr., by and through his counsel of
record, Bradley L. Griffie, Esquire, and petitions the Court as follows:
1. Your Petitioner is the above named Plaintiff, Raymond C. Bailey, Sr., an adult
individual currently residing at 670 Mohawk Road, Newville, Cumberland County,
Perillsylvania,
2. Your Respondent is the above named Defendant, Phyllis T. Bailey, an adult
individual currently residing at 50 Bonneybrook Road, Lot 34, Carlisle, Cumberland
County, Pennsylvania.
3. Plaintiff initiated the within proceedings through the filing of a Complaint in Divorce
on AprilS, 2000.
4. Plaintiff has filed an Affidavit under ~3301(d) claiming that the parties have been
separated since on or about 1975,
5. In Respondent's Answer to the Complaint in Divorce and New Matter, while she
denied the parties have been living separate and apart since 1975, she admitted that
the parties have been living separate and apart for more than two (2) years.
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6. In the Respondent's Answer and New Matter, she requested the entry of a Decree in
Divorce in her prayer for relief.
7, A prior action has been filed between the parties docketed to number 3374 Civil
1991, which action was stricken for inactivity,
8. Petitioner and Respondent have been living separate and apart for an extended
number of years, which Petitioner suggests has been at least twenty-five (25) years.
9. Petitioner has been cohabiting with his girlfriend for at least the past twenty (20)
years.
10. The marital assets at issue in this case are a parcel or real estate, which includes a
dilapidated home where the Petitioner currently resides and which the Petitioner is
attempting to renovate.
11. Neither party will be harmed in any manner whatsoever if the instant divorce action
is bifurcated from the request for equitable distribution made in Respondent's new
matter.
12. Due to the fact that the parties have been separated for an exceptional number of
years and have both moved on with their lives, it is in the best interest to both parties
to be able to allow the divorce to be concluded and to, then, permit the parties to
proceed with further negotiations or litigation, if necessary, to resolve the issue of
equitable distribution.
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WHEREFORE, Petitioner requests your Honorable Court to enter an Order of Court and
Rule to Show Cause as to why the Court should enter an Order bifurcating the parties' divorce
proceeding from the collateral issue of equitable distribution"
"[fie, Es ore
y for Plaintif
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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VERIFICATION
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 falsifications to authorities.
DATE: 9/015" J t> ()
,
ntiff/Petitioner
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RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 00-2083- Civil Term
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
day of
, 2000, upon presentation and
consideration of the Petition of Counsel to Withdraw Appearance for Phyllis T. Bailey,
JACOBSEN & MILKES, is granted leave to withdraw as counsel to defendant in this
matter.
BY THE COURT:
, J.
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RAYMOND C. BAILEY, SR.,
Plaint.iff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 00-2083- Civil Term
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
ORDER OF COURT
RULE TO SHOW CAUSE
IN RE: PETITION OF COUNSEL
TO WITHDRAW APPEARANCE FOR PHYLLIS T. BAILEY
AND NOW, this)' ~day of October, 2000, upon presentation and consideration of the
within Petition of Counsel to Withdraw Appearance for Phyllis T. Bailey, a Rule is issued upon
Phyllis T. Bailey, respondent, to show cause, if any, why the relief sought should not be granted.
Rule returnable J () days after service upon respondent by first class mail to her last
known address,
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RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 00-2083- Civil Term
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
PETITION OF COUNSEL
TO WITHDRAW APPEARANCE FOR PHYLLIS T. BAILEY
JACOBSEN & MILKES, by Andrea C. Jacobsen, Esquire, hereby respectfully petitions
this Court for leave to withdraw their appearance as counsel for defendant/respondent, Phyllis
T, Bailey, and, in support thereof, aver as follows:
1, Petitioner is Andrea C. Jacobsen, Esquire, on behalf of JACOBSEN & MILKES,
2, Respondent is Phyllis T. Bailey, defendant herein.
3, Petitioner was retained by respondent on or about March 21, 2000 to represent
her in the above captioned divorce matter.
4, Petitioner has undertaken such representation but is unable to continue because
respondent has failed to cooperate with counsel.
5. Counsel has attempted without success to communicate with Mrs, Bailey
regarding her case. Counsel wrote to Mrs, Bailey on August 4, 2000, and on
October 10., 2000, requesting that she contact our office, The letter of October
10, 2000 included a copy of the Order of Court of October 2, 2000, and plaintiff's
Petition of Bifurcation and Rule to Show Cause and explained the need for Mrs,
Bailey to respond so that she would not lose any rights in this case,
6, Counsel has called the telephone number that she has for Mrs, Bailey on
numerous occasions, She has failed to reach a person, but has left several
messages on the answering machine, There has been no call back.
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A letter of October 25, 2000 was sent by certified mail, return receipt requested,
to the last known address of Mrs, Bailey advising her of counsel's intention to file
this Petition.
8. An Order of Court was issued in this matter upon plaintiff's Petition for Bifurcation
and Rule to Show Cause, issuing a Rule for respondent to show cause why the
requested bifurcation should not be granted.
9. Counsel is unable to respond to the pending Petition for Bifurcation and Rule to
Show Cause because she has no direction from Mrs, Bailey,
10, Counsel has requested an extension of time from opposing counsel with regard
to the Rule in order to present this Petition prior to the determination of the Rule,
as counsel is unable to effectively represent Mrs. Bailey under the present
circumstances,
WHEREFORE, Petitioner, Andrea C. Jacobsen, Esquire, respectfully request leave to
withdraw her appearance as attorney for Respondent.
Respectfully submitted,
C. J obsen
JACOBSE LKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 - Fax
Attorney No. 20952
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RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 00-2083- Civil Term
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
CERTIFICATE OF CONCURRENCE
I hereby certify that a copy of the Petition of Counsel to Withdraw Appearance
For Phyllis T. Bailey was forwarded to Plaintiff's counsel Bradley L. Griffie of Griffie and
Associates and his concurrence in the Petition was sought.
By telephone message of October 25, 2000 Respondent's counsel advised the
undersigned of his concurrence.
Respectfully submitted,
to J"2 ~ I ~u
BY: dre . Jacobsen
JAC N & MILKES
52 E, High Street
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 - Fax
Attorney No. 20952
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RAYMOND C. BAILEY, SR.,
Plaintiff/Petitioner
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
PHYLLIS T. BAILEY, : NO, 00-2083 CIVIL TERM
Defendant/Respondent : IN DIVORCE
ORDER OF COURT
AND NOW this ;10 ~ day of December, 2000, upon presentation and consideration of
the within Petition to Make Rule Absolute, the Rule previously issued upon the Respondent to
show cause, if any she has, as to why the Petitioner's request for bifurcation shall not be granted,
and upon confirmation that Respondent has failed to answer the Rule, the Rule is hereby made
ABSOLUTE,
It is further ORDERED and DECREED that the parties' divorce action is bifurcated such
that Petitioner may proceed in finalizing the divorce action pursuant to S3301(d) of the Divorce
Code, The Court retains jurisdiction over all other economic issues property raised in these
proceedings and will continue to retain jurisdiction at the time of entry of the Decree.
Edward E. Guido, Judge
cc: Bradley 1. Griffie, Esquire
Andrea C. Jacobsen, Esquire
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Phyllis T, Bailey, Defendant/Respondent
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RAYMOND C. BAILEY, SR.,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
PHYLLIS T. BAILEY, : NO. 00-2083 CIVIL TERM
DefendantlRespondent : IN DIVORCE
PETITION TO MAKE RULE ABSOLUTE
AND NOW comes Petitioner, Raymond C, Bailey, Sr., by and through his counsel of
record, Bradley 1. Griffie, Esquire, and petitions the Court as follows:
1. Your Petitioner is the above named Plaintiff, Raymond C, Bailey, Sr., an adult
individual currently residing at 670 Mohawk Road, Newville, Cumberland County,
Pennsylvania,
2, Your Respondent is the above named Defendant, Phyllis T, Bailey, an adult
individual currently residing at 50 Bonnybrook Road, Carlisle, Cumberland County,
Pennsylvania,
3. Petitioner initiated a Complaint in Divorce in the above captioned action requesting a
divorce pursuant to !)330l(d) of the Divorce Code and claiming that the parties have
been separated since on or about 1975,
4, Respondent filed an Answer admitting that the parties have been living separate and
apart for more than two years.
5. Petitioner filed a Petition for Bifurcation and Rule to Show Cause and caused the
Court to enter an Order and Rule dated October 2, 2000, a copy of which is attached
hereto and incorporated herein by reference as Exhibit "A."
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6. Service of the aforesaid Order was made upon counsel of record, Andrea C. Jacobsen,
Esquire.
7. In her Petition to Withdraw as Counsel for Respondent, Andrea C. Jacobsen, Esquire,
noted that she had provided a copy of the Court's Order of October 2, 2000, to
Respondent by correspondence dated October 10,2000,
8, Well in excess of twenty (20) days has passed since service of the Petition for
Bifurcation and Rule to Show Cause without a response being filed by Respondent.
WHEREFORE, Petitioner requests your Honorable Court to make the prior Rule to Show
Cause absolute and enter an Order authorizing Petitioner to finalize the Divorce Proceedings
while retain jurisdiction of any other issues raised in the pleadings,
Respectfully submitted,
. riffie, Esquire
A ney for Plaintiff/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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_btol,d:
VERIFICATION
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 falsifications to authorities,
DATE:!). - J 5"";.. 0 cJ
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RA~OND C. BAILEY, SR" Plaintiff/Petitioner
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RA YMOND C. BAILEY, SR.,
P laintiffi'P etitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAt'ID COUNTY, PEN'NSYL V ANlA.
v,
: CIVIL ACTION - LAW
PHYLLIS T. BAILEY,
DefendantlRespondent
: NO. 00- 2083
: IN DIVORCE
CIVIL TERNf
ORDER OF COURT
MID NOW this
2nd day of (f)~
, 2000, upon presentation and
consideration of the within Petition for Bifurcation and Rule to Show Cause, a Rule is issued
upon the Respondent to show cause, if any she has, as to why the request for bifurcation made by
the Petitioner should not be granted.
Rule returnable J6 days after service by first class mail postage prepaid upon counsel
of record for the Respondent.
BY THE COURT,
JS/ a<YJ,Y! [' d" J 0
,
1.
cc: Bradley L Griffie, Esquire
Attorney for Plaintiff/Petitioner
Andrea C. Jacobsen, Esquire
Attorney for Defend!1ntlRespondent
EXHIBIT "A"
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RA YMO'ND C. BAILEY, SR.,
Plaintiffi'Petitioner
IN THE COURT O'F COMMO'N PLEAS O'F
CUMBERLA."ID COUNTY, PENNSYL V Al\i1A
v.
: CIVlL ACTIO'N - LAW
PHYLLIS T, BAILEY, : NO'. 00- 2083 CIVIL TERM
DefendantlRespondent : IN DIVORCE
ORDER OF COURT
Ai\j"D NOW this
day of
,2000, upon presentation and
consideration of the within Petition for Bifurcation IT IS O'RDERED AND DIRECTED AS
FOLLOWS:
I, The Petition shall be decided under Pa. Rule of Civil Procedure 206.7.
2. Any depositions to be taken in this matter shall be completed by no later than
the
day of
,2000.
3.
Briefs shall be filed in this matter by
, the
day of
, 2000, and argument shall be held in Courtroom number
of the CUlnberland COUlLty COUl-thouse, Carlisle, Pennsylvania, on
the
day of
, 2000, at
o'clock ,ffi.
BY THE COURT,
1.
cc: Bradley 1. Griffie, Esquire
Attorney for PlaintifflPetitioner
Andrea C. Jacobsen, Esquire
Attorney for Defendant/Respondent
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RAYMOND C. BAILEY, SR,
Plaintiffi'Petitioner
: IN THE COURT OF COM:MON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V A."IIA
v.
: CML ACTION - LAW
PHYLLIS T, BAILEY,
DefendantJRespondent
: NO, 00- 2083
: IN DIVORCE
CML TERM
ORDER OF COURT
At'ill NOW this
day of
, 2000, upon presentation and
consideration of the within Petition for Bifurcation, a Rule is hereby issued upon the
Respondent, Phyllis T. Bailey, to show cause, if any she has, as to why the request for
bifurcation made by the Petitioner should not be granted.
Rule returnable at a hearing to be held on
, the
day of
, 2000, at
0' clock ,m. in Courtroom number
of the Cumberland County Courthouse, Carlisle, Pennsylvania.
Service to be made upon the Respondent by first class mail, postage prepaid upon
counsel of record for the Respondent.
BY THE COURT,
1.
cc: Bradley L. Griffie, Esquire
Attorney for Plaintiff/Petitioner
Andrea C. Jacobsen, Esquire
Attorney for Defendant/Respondent
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RAYMOND C. BAILEY, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
PHYLLIS T, BAILEY,
Defendant
: NO. 00-2083. CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this 12th day of January, 2001, comes Bradley 1. Griffie, Esquire, Attorney
for Plaintiff, and states a Notice of Intention to Request Entry of Divorce Decree a was sent to
the Defendant, Phyllis T. Bailey, at 50 Bonnybrook Road, Carlisle, P A 17013 by certified mail,
restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating
that service was made on January 6, 2001.
Date:
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. rif ,Esquire
Ito y fi aintiff
FFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
Sworn and subscribe~o
be~me this l't day
of C111;/'{~Y1j , 2001
~Ptf /AI~vJM
NOTARY VBLIC .
NOIE'If'i,1 Seal
Kalisa J.lehman, Notary Public
CarlIsle Boro, Cumberland County
My CommisSion Expires Aug. 25, 2003
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item 4 f{ Restricted Delivery is desired.
. Print your name and address on the reverse
so th~ we 'can return the card to you..
. Attach this card to the back' of the mailpiece,
or on the front if space penn its.
1, Article Addressed to:
Ph~ lib T 6tt'ilij
Sb bo\\Y\\{bn)ol~ ~Ctof
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D. Is 'sry address different from item 1?
If YES, enter delivery address below:
2. Articfe Number (Copy from service label)
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PS Form 3811 , July 1999 Domestic Return Receipt
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Plaintiff
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IN THE COURT OF COMMON PLEAS
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PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
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PETITION FOR RELATED CLAIMS UNDER THE DIVORCE CODE
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AND NOW COMES PHYLLIS T. BAILEY, defendant in the above captioned matter, by
her counsel, and asserts against plaintiff, RAYMOND C. BAILEY, SR., the following claims for
relief in this matter under Section 3301 of the Divorce Code:
Count I - Counsel Fees, Costs and Expenses
1. Defendant incorporates herein her Answer to Complaint In Divorce and New Matter,
previously filed in this matter.
2. Defendant has minimal income of approximately $600 per month. She is not in a
financial position to meet the costs and expenses of defending this action and prosecuting her
claim. She cannot afford to pay reasonable counsel fees to her attorney.
3. Defendant believes that plaintiff has the financial means to pay counsel fees, costs
and expenses of defendant.
Count II - Alimony and Alimony Pendente Lite
4. Defendant incorporates herein the prior paragraphs above by reference.
5. Defendant does not have the financial resources to reasonably support herself.
6. Defendant believes that plaintiff has the financial resources available to him to provide
toward the support his wife.
WHEREFORE, defendant requests this Court to:
a. Award defendant reasonable counsel fees, expenses and costs of suit in this matter;
b. Award defendant reasonable alimony and alimony pendente lite; and
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c. Grant such further relief as it shall deem proper and just.
Respectfully submitted,
BY: An rea . Jacobsen, Esq.
JACOBS & MILKES
52 E. High Street
Carlisle, PA 17013
Tel: (717) 249-6427
Fax: (717) 249-8427
Attorney No. 20952
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VERIFICATION
I hereby verify that the statements made in the foregoing are true and
correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.e.S. Section 4904, relating to unsworn falsification to authorities.
Dated: JCVV\,,""':J '3(, d)O I
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P LIS T. BAILEY
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RAYMOND C. BAILEY, SR., : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vi.
No, 00-2083- Civil Term
PHYLLIS T. BAILEY, IN DIVORCE
Defendant
CERTIFICATE OF SERVICE
I, Andrea C. Jacobsen, hereby certify that a true and correct certified copy of the
PETITION FOR RELATED CLAIMS UNDER THE DIVORCE CODE in the above captioned
matter was duly served upon Bradley L. Griffie, Attorney for Plaintiff, by depositing it in the U.S.
Mail, postage prepaid, on this date, addressed as follows:
Bradley L. Griffie, Esq.
200 North Hanover Street
Carlisle, PA 17013
I hereby verify that the statements made in the foregoing are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsification to authorities.
Dated: d /'d/O J
WS\-
Andrea C. ry
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RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
PHYLLIS T. BAILEY,
Defendant
NO. 00-2083 CIVIL TERM
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information to the court for entry of a
divorce decree:
I, Ground for divorce:
krelfieYaflle ereakae"YR aRaer ~3301(e)
3301(d)(I) of the Divorce Code,
(Strike out inapplicable section).
2. Date and manner of service of the Complaint: by certified mail, restricted delivery to
Defendant, Phyllis T. Bailey, on April 8, 2000.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by S3301 (c) of the Divorce
Code: by Plaintiff: by Defendant:
(b) (I) Date of execution of the affidavit required by S330 I (d) of the Divorce Code:
April 3, 2000
(2) Date of filing and service of the plaintiffs affidavit upon the Respondent:
. Filed: April S, 2001
4. Related claims pending: Equitable distribution, counsel fees, and expenses, and alimony.
Divorce bifurcated by Order of Court dated December 26, 2000.
S. 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:
Certified mail, restricted delivery on January 6, 2001.
(b) Date of plaintiffs Waiver of Notice in S3301 (c) Divorce was filed with the Prothonotary:
Date defendant's Waiver of Notice in S3301 (c) Divorce was filed with the Prothonotary:
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RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF CO~fMON PLEAS OF
CUMBERLAl'ID COUNTY, PENNSYL V A1"\fIA
v.
CIVIL ACTION - LAW
PHYLLIS T, BAILEY,
Defendant
: NO. 00-2083 CIVIL TER..\1
: IN DIVORCE
NOTICE OF INTENTION TO REOUEST ENTRY
OF DIVORCE DECREE
TO: Phyllis T. Bailey, Defendant
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the Section 3301(d) affidavit. Therefore, on or before January 31,2001,
the Plaintiff can request the court to enter a final decree in divorce.
If you do not file with the Prothonotary of the court an answer with your signature
notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in
divorce.
Unless you have already filed with the court a written claim for economic relief; you must
do so by the above date or the court may grant the divorce and you will lose forever the right to
ask for economic relief. The filing of the form Counter-Affidavit alone does not protect your
economic claims. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE
PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE.
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
OmCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
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RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 00-2083- Civil Term
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
PETITION FOR RELATED CLAIMS UNDER THE DIVORCE CODE
AND NOW COMES PHYLLIS T. BAILEY, defendant in the above captioned matter, by
her counsel, and asserts against plaintiff, RAYMOND C. BAILEY, SR., the following claims for
relief in this matter under Section 3301 of the Divorce Code:
Count I - Counsel Fees, Costs and Expenses
1. Defendant incorporates herein her Answer to Complaint In Divorce and New Matter,
previously filed in this matter.
2. Defendant has minimal income of approximately $600 per month. She is not in a
financial position to meet the costs and expenses of defending this action and prosecuting her
claim. She cannot afford to pay reasonable counsel fees to her attorney.
3. Defendant believes that plaintiff has the financial means to pay counsel fees, costs
and expenses of defendant.
Count II - Alimony and Alimony Pendente Lite
4. Defendant incorporates herein the prior paragraphs above by reference.
5. Defendant does not have the financial resources to reasonably support herself.
6. Defendant believes that plaintiff has the financial resources available to him to provide
toward the support his wife.
WHEREFORE, defendant requests this Court to:
a. Award defendant reasonable cpunsel fees, expenses and costs of suit in this matter;
b. Award defendant reasonable alimony and alimony pendente lite; and
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c. Grant such further relief as it shall deem proper and just.
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Respectfully submitted,
BY: Anqrea . Ja
JACOBSEN
52 E. High Street
Carlisle, PA 17013
Tel: (717) 249-6427
Fax: (717) 249-8427
Attorney No. 20952
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RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No. 00-2083- Civil Term
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
ANSWER TO COMPLAINT IN DIVORCE
and
NEW MATTER
1. Adrnitted.
2. Denied. Defendant currently resides at 50 Bonnybrook Road, Lot 34,
Carlisle, PA 17013.
3. Admitted.
4. Admitted.
5. Admitted.
6. Adrnitted.
7. Admitted.
8. Adrnitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. Denied that the parties have been living separate and apart since at least
1975. Admitted that the parties have been living separate and apart for more than two
years.
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NEW MATTER
By way of further response Defendant raises the following additional claims for
relief in this rnatter:
EQUITABLE DIVISION
13. Plaintiff and Defendant have acquired property, both real and personal,
during the course of their marriage frorn March 27, 1955, through the date of separation,
which property constitutes marital property.
14. Plaintiff and Defendant have been unable to agree as to an equitable
division of said property.
WHEREFORE, Plaintiff requests this Court to:
a. Enter a final Decree of Divorce divorcing the parties;
b. Grant equitable distribution of the marital property of the parties; and
c. Grant such further relief, as it shall deem proper and just.
Respectfully submitted,
1"\ A 1'n:Q 'L0Cf) <>> ,
BY: Andre . acobsen, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
Tel: (717) 249-6427
Fax: (717) 249-8427
Attorney No. 20952
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I hereby verify that the statements made in the foregoing are true and correct.
I understand that false statements herein are made subject to the penalties of
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~is T. Bailey. cJ
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RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vi.
No. 00-2083- Civil Term
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
CERTIFICATE OF SERVICE
I, Deborah R. Clark, hereby certify that a true and correct certified copy of the
Answer To Complaint In Divorce and New Matter in the above captioned matter was
duly served upon Bradley L. Griffie, Attorney for Plaintiff, by depositing it in the U.S. Mail,
postage prepaid, on April 14, 2000, addressed as follows:
Bradley L. Griffie, Esq.
200 North Hanover Street
Carlisle, PA 17013
I hereby verify that the statements rnade in the foregoing are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
Dated: 1/14100
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Deborah R. Clark
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RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF 10 11, ~
CUMBERLAND COUNTY, PENNSYL VANIA
vs.
PHYLLIS T. BAILEY,
Defendant,
CIVIL ACTION - LAW
: NO. 00-2083 CIVIL TERM
: IN DIVORCE
PRE-TRIAL STATEMENT OF PLAINTIFF,
RAYMOND C. BAILEY, SR.
The above named Plaintiff, Raymond C. Bailey, Sr. (hereinafter referred to as "Plaintiff')
by and through his counsel of record, Bradley 1. Griffie, Esquire, files the following Pre-Trial
Statement pursuant to Pennsylvania Rules of Civil Procedure No. 1920.33(b):
I. LIST OF ASSETS
Plaintiffs Inventory and Appraisement, in compliance with Pennsylvania Rules of Civil
Procedure, is filed contemporaneously with the filing of this Pre-Trial Statement. All assets and
debts known to the Plaintiff at this time are identified thereon with all relevant information
required by the Pennsylvania Rules of Civil Procedure being identified in the Inventory and
Appraisement.
II. EXPERT WITNESSES
It is not anticipated that expert witnesses will be necessary in this case. Plaintiff reserves
the right to name expert witnesses following the Pre-Trial Conference in the event there are
discrepancies relative to the value of the parties' marital real estate or the rental value of the
home.
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III. WITNESSES
Plaintiff will be testifying on his own behalf in these proceedings. Plaintiff reserves the
right to name additional witnesses following the Pre-Trial Conference or in compliance with any
further directives ofthe Master following the Pre-Trial Conference.
IV. EXHIBITS
Plaintiffs Inventory and Appraisement will be an exhibit. Plaintiff will submit the
insurance claim filed by Defendant for the replacement of the personal property Defendant
claimed to have been lost in a fire at Defendant's mother's home, which personal property was
essentially all of the marital personal property that was in the former marital residence. Plaintiff
reserves the right to use exhibits identifying the rental value of the former marital residence for
the period of time that Defendant resided in the home alone, while Plaintiff paid the mortgage on
the home, and after the mortgage was paid in full by Plaintiff. Plaintiff reserves the right to
identify additional exhibits as may be necessary to support his position relative to the date of
separation, the existence or value of marital property, the existence or balance of marital debt,
and any other issues that continue to be in dispute following the Pre-Trial conference.
V. GROSS INCOME
Plaintiffs income is solely his social security retirement pay of $637.00 per month and
workers' compensation of $521.66 bi-weekly. Further, it should be noted that Plaintiff's
workers' compensation is scheduled to terminate in two years after which he will be solely
dependent upon his social security retirement pay.
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VI. EXPENSES
Plaintiff does not have any extraordinary expenses.
VII. PENSION
Defendant has a small pension which is marital, but of limited value. Plaintiff has no
pensIOn.
VIII. COUNSEL FEES
Each party should be responsible for their own attorney's fees.
IX. PERSONAL PROPERTY
The parties' personal property was removed in its entirety in August 1989 when
Defendant moved from the former marital residence. Shortly thereafter, Defendant claims that a
fire destroyed most of the personal property at a loss of $11,900.00. The insurance company
determined that the loss was only $4,130.00, based either upon the fact that the items were not of
the value claimed, there was no proof of loss of the items, or because Defendant had removed the
items from the home thereby providing a basis for the carrier to not pay the full claim. Under
any circumstances, Defendant retained all personal property and all insurance reimbursements
for the loss of all or portions of that property.
X. MARITAL DEBT
The only marital debt in existence at the time of separation was the original mortgage on
the former marital residence. In January 1971, which is t1).e approximate date of separation, the
mortgage balance was $8,981.24. Plaintiff made all mortgage payments on the mortgage until
the mortgage was paid in full in January 1986. Defendant lived in the home from January 1971
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until she moved from the home in August 1989, after the mortgage was paid in full by Plaintiff.
Plaintiff also maintained all costs of maintenance, repairs and upkeep of the home, all utility
expenses for the home, costs for auto repairs, insurance and maintenance, and other day-to-day
expenses for Defendant from January 1971 through August 1989, and, with respect to some
expenses, beyond this date. Plaintiff reserves the right to identity a wide array of exhibits
reflecting thousands of dollars of repairs and renovations that he paid both during his and Ms.
Bailey's residency in the home.
XI. PROPOSED RESOLUTION OF ECONOMIC ISSUES
Plaintiff proposes that the home be sold as he has attempted to accomplish on several
occasions over the past three years. The net proceeds should then be distributed on a 50-50 basis
after appropriate credit to Plaintiff for the personal property retained by Defendant, the
$5,000.00 sum retained by Defendant which was repayment to Plaintiff of a loan he made to one
of the parties' children, and for rental value of the home.
Respectfully submitted,
~re
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GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
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RAYMOND C. BAILEY, SR.,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO: 00-2083
: CIVIL ACTION -LAW
PHYLLIS T. BAILEY,
: IN DNORCE
Defendant.
DEFENDANT'S PRE-TRIAL STATEMENT
L FACTS:
Phyllis T. Bailey, wife, was born October 2,1932, and resides at Lot 34,50
Bonnybrook Road, Carlisle, Pennsylvania. She is retired from McCoy's
Electronics where she receives $43.24 per month in pension, along with
approximately $630.00 per month in Social Security.
Raymond C. Bailey, Sr., lives in Newville, Pennsylvania, is retired and
receives Workmens' Compensation as a road master for Upper Frankfort
Township, together with Social Security in the amount of $1,600.00 per month.
The parties separated in June of 1989. The parties are the parents of five
children, all of whom are grown.
The parties were married March 27, 1954, in Hagerstown, Maryland.
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At the time of separation, Husband moved with a girlfriend into a motor
home placed on the back of the parties' property, where the Husband resides now.
The parties bifurcated the divorce with the only issue being distribution of
property.
n. ASSETS:
The only asset to be divided between the parties is the home where the
Husband currently resides, said home having been appraised in 1991 at $60,000.00.
The current tax assessment on the property indicates a fair market value of in
excess of $75,000.00.
m. WITNESSES:
:j
It is anticipated the Wife will call Steve Barrick as a witness.
IV. COMPI.EX LEGAL ISSUES:
None
V. AMOUNT OF TIME TO TRY CASE:
2 hours
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VL PROPOSED RESOLUTION:
It is proposed that the Wife receive seventy-five (75%) percent of the value
of the marital home. This is based upon her extremely low income which is less
than one-half of that of Husband. In addition, Husband has the girlfriend with
whom he is residing who is capable of working and having income in that
household.
Further, Husband has resided in this home for over a decade with the other
woman rent free. Wife should receive seventy-five (75%) percent to offset her for
her low income, the free living of Husband in the home, and the ability of the
Husband to pay that amount.
Respectfully submitted,
Mancke, Wagner & Spreha
By
P. Richard Wagner, Esquire
I.D. #23103
2233 North Front Street
Harrisburg, P A 1711 0
(717) 234-7051
Attorneys for Defendant
Date:
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CERTIFICATE OF SERVICE
I, Debra K. Spinner, Secretary in the law firm of MANCKE,
WAGNER, and SPREHA, do hereby certify that I am this day serving
a copy of the foregoing document to the following persons 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, with first class postage, prepaid, and addressed as
follows:
Bradley L. Griffie, Esquire
200 North Hanover Street
Carlisle, PA 17013
By AtwCX: ~~
Debra K. Spinne , Secretary
MANCKE, WAGNER, & SPREHA
2233 North Front Street
Harrisburg, PA 17110
P. Richard Wagner, Esquire
Attorneys for Wife
DATE: &/; sf ~..3
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RAYMOND C. BAILEY, SR.,
Plaintiff
v.
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LAW
:IN DIVoRCE
PHYLLIS T. BAILEY,
Defendant
:NO. 00 - 2083
CIVIL TERM
CERTIFICATE OF SERVICE
I, Katherine E. Lovette, hereby certify that on this 25th day of April, 2002, I am serving a
true and correct copy of the Praecipe to Withdraw Appearance and Praecipe to Enter Appearance
upon Plaintiff's attorney, Bradley L. Griffie, Esq., at 200 North Hanover Street
Carlisle,' Cumberland County, Pennsylvania, 17013 and upon Defendant's former attorney,
Andrea C. Jacobsen, Esq" at 52 High Street, Carlisle, Cumberland County, Pennsylvania, 17013
by first class U. S. Mail.
L/ J;;Z?/ 0;2
Date
;t~f.~
Katherine E. Lovette
Certified Legal Intern
FAMILY LAW CLINIC
45 N, Pitt St.
Carlisle, P A 17013
717-243-2968
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RAYMOND C. BAILEY, SR.,
Plaintiff
v,
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LAW
:IN DIVORCE
PHYLLIS T. BAILEY,
Defendant
:NO. 00 - 2083
CIVIL TERM
PRAECIPE TO WITHDRAW APPEARANCE
AND NOW, this 'l..,J day of April, 2002, Andrea C. Jacobsen, Esquire withdraws her
appearance on behalf of the Defendant, Phyllis T. Bailey,
April~ 2002
Respectfully submitted,
~I<
Andrea C. Jac bs , Esq.
52 East High Street
Carlisle, PA 17013
PRAECIPE TO ENTER APPEARANCE
AND NOW, this ;lljfl. day of April, 2002, the Family Law Clinic, hereby enters its
appelU"ance on behalf of the Defendant, Phyllis T. Bailey.
April R , 2002
Respectfully submitted,
~tdmii1
Katherine E. Lovette
Certified Legal Intern
R~.~~wVL
THOMAS M. PLACE
LUCY JOHNSTON-WALSH
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
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RECEIVED APR 2" 3 2002
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FAMILY LAW CLINIC
A service to the community by students
from The Dickinson School of Law
of The Pennsylvania State University
The Dale F. Shughart Conununity Law Center
45 North Pitt Street
Carlisle, PA 17013.2899
(717) 243.2%8
Fax: (717) 243.3639
June 6, 2002
Robert Elicker, Esq.
Divorce Master
9 North Hanover St.
Carlisle, PA 17013
RE: Bailey v. Bailey, 00-2083
Dear Mr. Elicker:
This letter is to inform you that the Family Law Clinic no longer represents Phyllis T.
Bailey in the above mentioned case, Accordingly, the Family Law Clinic will not be filing a
pretrial statement, which is due by June 20, on her behalf It is my understanding that she is now
represented by Richard Wagner, Esq. Once we receive his Praecipe to Enter Appearance, I will
forward it to you,
If you have any questions or concerns, please call me at the Clinic.
Sincerely,
(l~ d. 8e14.S {/}'-
Erin L. Benson
Certified Legal Intern
cc: Phyllis T. Bailey
PENNSTATE
. The Dickinson School of Law
An Equal Opportunity University
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RAYMOND C. BAILEY, SR.,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYL VANIA
v.
:CIVIL ACTION-LAW
:IN DIVORCE
PHYLLIS T. BAILEY,
Defendant
:NO. 00 - 2083
CIVIL TERM
PRAECIPE TO WITHDRAW APPEARANCE
AND NOW, this ~ay of June, 2003, the Family Law Clinic withdraws its
appearance on behalf of the Defendant, Phyllis T. Bailey.
Respectfully submitted,
~ d ~\~
Erin L. Benson
Certified Legal Intern
2iJ~EtJ~~~~
THOMAS M, PLACE
LUCY JOHNSTON-WALSH
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
PRAECIPE TO ENTER APPEARANCE
AND NOW, this q-bY day of June, 2003, Richard Wagner, Esquire, enters his
appearance on behalf of the Defendant, Phyllis T. Bailey.
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LAW OFFICES
MANCKE, WAGNER & SPREHA
2233 NORTH FRONT STREET
JOHN B. MANCKE
P. RICHARD WAGNER
EDWARD F, SPREHA. JR.
HARRISBURG.
PA
17110
PHONE (717) 234-7051
FAX (717) 234-7080
June 18,2003
E. Robert Elicker, Esquire
9 North Hanover Street
Carlisle, PA 17013
Re: Bailey v. Bailey
No: 00-2083
Dear Mr. Elicker:
Enclosed herein please find the Defendant's Pre-Trial Statement in the
above-captioned matter.
Your attention is appreciated.
/"
~ Wagner
PRW/dks
Enclosure
cc: Bradley L. Griffie, Esq. (w/encl.)
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{i'RJ:F:FI'E & J\sSOCI.J\'T'ES
Attorneys and Counselors at Law
Bradley L. Griffie, Esquire
Marylou Matas, Esquire
Wendy J. F. Grella, Esquire
Robin J. Goshorn
Legal Assistant
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
Reply to: Carlisle
October 6, 2003
38 North Main Street
Chamhersburg, P A 17201
(717) 267-1350
(800) 347-5552
Fax (717) 243-5063
E. Robert Elicker, n, Esquire
Divorce Master
9 North Hanover Street
Carlisle, P A 17013
RE: Bailey v. Bailey
No. 00-2083
Dear Mr. Elicker:
Enclosed please find an original Pre-Trial Statement of Plaintiff, Raymond C. Bailey, Sr.,
and an Inventory and Appraisement for Mr. Bailey. By copy of this correspondence, I am
providing Mr. Wagner with the copies of these documents as well. We apologize for the delay
that has occurred in the filing of these documents. Weare hopeful that this will now allow us to
move forward appropriately with the scheduled Pre-Trial Conference.
Your attention is appreciated.
BLG/kjl
Enclosure
Cc: P. Richard Wagner, Esquire
Raymond C. Bailey, Sr.
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RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
PHYLLIS T. BAILEY,
Defendant
: NO. 00-2083
: IN DIVORCE
CIVIL TERM
INVENTORY AND APPRAlSMENT
OF PLAINTIFF, RAYMOND C. BAILEY, SR.
Raymond C. Bailey, Sr., Plaintiff, files this inventory of all property owned or possessed
by either party at the time this action was commenced and all property transferred within the
preceding three years.
Raymond C. Bailey, Sr., Plaintiff, verifies that the statements made in this inventory are
true and correct. Plaintiff further understands that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
<f.!r~.~l?Gz
RA OND C. BAILEY, S , Plamtiff
ASSETS OF PARTIES
Raymond C. Bailey, Sr., Plaintiff, marks on the list below those items applicable to the
case at bar and itemizes the assets on the following pages.
(X) 1.
( ) 2.
( ) 3.
( ) 4.
(X) 5.
( ) 6.
( ) 7.
( ) 8.
(X) 9.
( ) 10.
( ) 11.
( ) 12.
( ) 13.
( ) 14.
( ) 15.
( ) 16.
Real property
Motor vehicles
Stocks, bond, securities and options
Certificates of deposit
Checking accounts, cash
Savings accounts, money market and savings certificates
Contents of safe deposit boxes
Trusts
Life insurance policies (indicate face value, cash surrender value and
current beneficiaries)
Annuities
Gifts
Inheritances
Patents, copyrights, invention, royalties
Personal property outside the home
Business (list all owners, including percentage of ownership, and
officer/director positions held by a party with company)
Employment termination benefits-severance pay, worker's compensation
( ) 17.
(X) 18.
( ) 19.
( ) 20.
( ) 21.
( ) 22.
( ) 23.
( ) 24.
(X) 25.
(X) 26.
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Profit sharing plans
Pension plans (indicate employee contribution and date plan vests)
Retirement plans, Individual Retirement Accounts
Disability payments
Litigation claims (matured and unmatured)
MilitaryN.A. benefits
Education benefits
Debts due, including loans, mortgage held
Household furnishings and personalty (include as a total category and attach
itemized list of distribution of such assets is in dispute)
Other
LIABILITIES OF PARTIES
Raymond C. Bailey, Sr., Plaintiff, marks on the list below those items applicable to the
case at bar and itemizes the liabilities on the following pages.
SECURED
(X) 1.
() 2.
() 3.
() 4.
UNSECURED
() 5.
() 6.
() 7.
() 8.
() 9.
Mortgages
Judgments
Liens
Other Secured Liabilities
Credit Card Balances
Purchases
Loan Payments
Notes Payable
Other Unsecured Liabilities
CONTINGENT OR DEFERRED
() 10.
() 11.
() 12.
() 13.
() 14.
() 15~
Contract or Agreements
Promissory Notes
Lawsuits
Options
Taxes
Other Contingent or Deferred Liabilities
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RAYMOND C. BAILEY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 00 - 2083 CIVIL
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
RESCHEDULED PRE-HEARING CONFERENCE
TO: Bradley L. Griffie
, Attorney for Plaintiff
P. Richard Wagner
, Attorney for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 30th day of October 2003, at 1:30 p.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore
the possibility of settlement and, if necessary, schedule a
hearing.
Very truly yours,
Date of Notice: 10/1/03
E. Robert Elicker, II
Divorce Master
Bradley L. Griffie, Attorney for Plaintiff, has not filed a
pre-trial statement as of the date of this notice.
P. Richard Wagner, Attorney for Defendant, filed a pre-trial
statement on June 20, 2003.
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RAYMOND C. BAILEY;
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 2083 CIVIL
PHYLLIS T. BAILEY,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this ,;?'Of1L
day of 'n O[
entered previou y on
2004, a divorce decree having been
February 23, 2001, and the economic claims raised in the
proceedings having been resolved in accordance with a
separation and property settlement agreement dated May 10,
2004, the appointment of the Master is vacated.
BY THE COURT,
cc:
~adley L. Griffie
Attorney for Plaintiff
.4'. Richard Wagner
Attorney for Defendant
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RAYMOND C. BAILEY, SR.,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
PHYLLIS T. BAILEY,
Defendant
: NO. 00-2083
: IN DIVORCE
CIVIL TERM
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
~
e, Esquire
rney r Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
TH
THIS AGREEMENT, made this J 0 day of f1tPJ
. 2004, by and
between PHYLLIS T. BAILEY, of Carlisle, Cumberland County, Pennsylvania, party of the
first part, hereinafter referred to as "Wife",
AND
RAYMOND C. BAILEY, SR., of Carlisle, Cumberland County, Pennsylvania, party
of the second part, hereinafter referred to as "Husband",
WITNESSETH:
WHEREAS, the parties hereto were former Husband and Wife having been married
on March 27, 1955, in Hagerstown, Washington County, Maryland, and having been divorced
by Decree in Divorce entered on February 23, 2001, in the Court of Common Pleas of
Cumberland County to docket number 00-2083 Civil Term;
WHEREAS, diverse unhappy differences, disputes and difficulties have ansen
between the parties and it is the intention of Wife and Husband to live separate and apart, and
the parties hereto are desirous of settling their respective financial rights and obligations as
between each other, and to finally and for all time to settle and determine their respective
property and other rights growing out of their marital relations; and wish to enter into this
Separation and Property Settlement Agreement;
WHEREAS, both and each of the parties hereto have had the opportunity to be
advised of their legal rights and the implications of this Agreement and the legal
consequences which may and will ensue from the execution hereof;
--Page 1 of 14--
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WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly
conversant with and know accurately the size, degree, and extent of the estate and income of
Husband and Husband acknowledges that he has had the opportunity to be thoroughly
conversant with and know accurately the size, degree, and extent of the estate and income of
Wife; and
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth which are hereby acknowledged by each of
the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants
and agree as follows:
1. Advise of Counsel: The provisions of this Agreement and their legal effect have
been fully eXplained to the parties by their respective counsel, Bradley 1. Griffie,
Esquire, for Husband and P. Richard Wagner, Esquire, for Wife. The parties
acknowledge that they have received independent legal advice from counsel of
their own selection and that they fully understand the facts and have been fully
informed as to their legal rights and obligations and they acknowledge and accept
that this Agreement is, in the circumstance, fair and equitable and that it is being
entered into freely and voluntarily after having received such advice and with such
knowledge that execution of this Agreement is not the result of any duress or
undue influence and that it is not the result of any collusion or improper or illegal
agreement or agreements and the parties hereto state that he/she, in the
procurement and execution of this Agreement, has not been subject to any fraud,
concealment, overreaching, imposition, coercion, of other unfair dealing on the
part ofthe other, or on the part of the other's counsel.
--Page 2 of 14--
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2. Warrantv of Disclosure: The parties warrant and represent that they have made a
full disclosure of all assets and their valuation prior to the execution of this
Agreement. This disclosure was in the form of an informal exchange of
information by the parties but also reflects the fact that the parties had personal
knowledge before their separation of their various assets and debts all of which for
the basis of this Agreement between the parties.
3. Personal Rif!hts and Separation: Wife and Husband may and shall, at all times
hereafter, live separate and part. They shall be free from any control, restraint,
interference or authority, direct or indirect, by the other in all respects as if they
were unmarried. They may reside at such place or places as they may select.
Each may, for his or her separate use or benefit, conduct, carry on and engage in
any business, occupation, profession or employment which to him or her may
seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign
each other or the respective families of each other nor compel or attempt to compel
the other to cohabit nor dwell by any means or in any manner whatsoever with him
or her.
4. Af!reement not a Bar to Divorce Proceedinf!s: This Agreement shall not be
considered to affect or bar the right of Wife or Husband to a limited or absolute
divorce on lawful grounds if such grounds now exist or shall hereafter exist or to
such defense as may be available to either party. This Agreement is not intended
to condone and shall not be deemed to be a condonation on the part of either party
hereto of any act or acts on the party of the other party which may have occasioned
--Page 3 of 14..
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the disputes or unhappy differences which have occurred prior to or which may
occur subsequent to the date hereof. The parties intend to secure a mutual consent,
no-fault divorce pursuant to the terms of g3301(c) of the Divorce Code of 1980.
5. Ai!Yeement to be Incor/Jorated in Divorce Decree: The parties agree that the terms
of this Agreement may be incorporated into any divorce decree which may be
entered with respect to them. Notwithstanding such incorporation, this Agreement
shall not be merged in the decree, but shall survive the same and shall be binding
and conclusive on the parties for all time.
6. Date of Execution: The "date of execution" or "execution date" of this Agreement
shall be defined as the date upon which it is executed by the parties if they have
each executed the Agreement on the same date. Otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
7. Personal Pro/Jertv: Husband and Wife do hereby acknowledge that they have
previously divided their tangible personal property including, but without
limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household
equipment and appliances, pictures, books, works of art and other personal
property. Wife agrees that all of the property in the possession of Husband shall
be the sole and separate property of Husband and Husband agrees that all of the
property in the possession of Wife shall be the sole and separate property of Wife.
The parties do hereby specifically waive, release, renounce and forever abandon
whatever claims, if any, he or she may have with respect to the above items which
--Page 4 of 14--
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shall become the sole and separate property of the other, with full power to him or
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her to dispose of the same as fully and effectually, as though he or she were
unmarried.
8. Marital Debt: The parties confirm that there are no marital debts in existence
as of this time to which the parties are jointly obligated. Any debts that exist in
individual names shall be the sole and exclusive responsibility of the party in
whose name the debt exists.
9. Bank Accounts: For the mutual promises and covenants contained in this
Agreement, Husband and Wife hereby waive all right, title, claim or interest they
may have by equitable distribution in their respective bank accounts, checking or
savings, if any, and each party waives against the other any duty of accounting for
disposition of any jointly held funds.
10. After-AcQuired Personal Pro/Jertv: Each of the parties shall hereafter own and
enjoy, independently of any claim or right of the other, all items 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.
11. Motor Vehicles: The parties no longer have motor vehicles in joint names.
Further, any vehicles that the parties oW!) are in their individual names and have
been for an extended period of time and their sole possession and use. Neither
party will make any claim of any nature relative to any motor vehicles in the other
--Page 5 of 14--
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party's name or possession from the date of execution of this Agreement forward.
12, Real Estate: The parties are the joint owners of real estate located at 270 Mohawk
Road, Newville, Cumberland County, Pennsylvania. Within fifteen (15) days of
execution of this Agreement, Husband, through counsel, shall present Wife,
through counsel, with a special warranty fee simple deed for Wife to execute to
convey all of her right, title and interest in the aforesaid real estate to Husband.
Wife shall execute the Deed so that it can be appropriately witnessed and notarized
within fifteen (15) days of its receipt by her legal counsel.
Husband shall, within thirty (30) days of execution of this Agreement by Wife,
secure the sum of THIRTY THOUSAND AND XX/100 ($30,000.00) DOLLARS
to provide to Wife as a lump sum payment for her interest in the aforesaid real
estate. Payment shall be made through Husband's legal counsel to Wife's legal
counsel in exchange for the aforementioned deed. This transaction shall occur
within thirty (30) days of execution of this Agreement by Wife.
After delivery of the THIRTY THOUSAND AND XX/IOO ($30,000.00)
DOLLARS as described herein, Wife shall make no additional claim of any nature
whatsoever, legal or equitable, to the within referenced real estate and Husband
shall retain the real estate from that date forward as his sole and exclusive
possession.
13. Reci/Jrocal Waivers of Pension Interests: Husband and Wife agree to waive any
and all right, title, or interest in the other party's Individual Retirement Account( s),
Pension( s), Annuities, profit-sharing plans, or other retirement accounts or plans.
--Page 6 of14--
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Warrantv as to Post Senaration and Future OblifIations: Husband and Wife each
covenant, warrant, represent and agree that each will now and at all times hereafter
save harmless and keep the other party indemnified from all debts, charges and
liabilities incurred by the Husband or Wife, respectively.
15. Snousal Sunnort. Alimonv. Alimonv Pendente Lite. and Snousal Maintenance:
a.) Husband hereby waives any right or claims of any nature whatsoever relative
to alimony, alimony pendente lite" spousal support, spousal maintenance,
counsel fees and expenses against Wife.
b.) With hereby waives any right or claim of any nature whatsoever relative to
alimony, alimony pendente lite, spousal support, spousal maintenance, counsel
fees and expenses against Husband. Wife hereby agrees that any Order for
alimony pendente lite, spousal support, spousal maintenance, counsel fees or
expenses shall immediately terminate upon the execution of this document.
16. Mutual Releases: Husband and Wife each do hereby mutually remise, release,
quitclaim, and forever discharge the other and the estate of such other, for all times
to come and for all purposes whatsoever, of and from any and all right, title and
interest, or claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of such other, of
whatever nature and wheresoever situate, which he or she now has or at any time
hereafter may have against such other, the estate of such other, or any part thereof,
whether arising out of any former acts, contracts, engagements, or liabilities of
--Page 7 of 14--
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such other as by way of dower or curtesy, or claims in the nature of dower or
curtesy or widow's or widower's rights, family exemption, or similar allowance,
or under the intestate laws, or the right to take against the spouse's Will; or the
right to treat a lifetime conveyance by the other as testamentary, or all other rights
of a surviving spouse to participate in a deceased spouse's estate, whether arising
under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the
United States, or (c) any other country, or any rights which either party may have
or at any time hereafter have for past, present, or future support or maintenance,
alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as
a result of the marital relation or otherwise, except and only except, all rights and
agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any thereof. It is the intention of Husband and
Wife to give to each other by execution of this Agreement a full, complete, and
general release with respect to any and all property of any kind or nature, real or
personal, or mixed, which the other now owns or may hereafter acquire, except
and only except, all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any thereof.
17. Divorce: Husband had commenced an action for divorce against Wife pursuant to
~3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce
docketed to No. 00-2083 Civil Term, in the Court of Common Pleas of
Cumberland County, Pennsylvania. Further:
a.) This Agreement represents a complete and final agreement as to their
--Page 8 of14--
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respective property rights which arose from the marital relation and therefore
mutually waive any and all rights they may have under 93502, et. of the
Pennsylvania Code, Act. No 1980-26.
b.) This Agreement may be offered in evidence in the action for divorce and may
be incorporated by reference in the decree. Notwithstanding such
incorporation, this Agreement shall not be merged in the decree, but shall
survive the same and shall be binding and conclusive to the rights of all parties.
18. Lezal Fees: In the review and preparation of this Agreement each party shall bear
his or her own legal fees.
19. Remedv for Breach: If either party breaches any provision of this Agreement, the
other party shall have the right, at his or her election, either to sue for damages for
such breach, in which event the breaching party shall be responsible for payment
of legal fees and costs incurred by the other in enforcing their rights hereunder,
whether through formal court action or negotiations, or to seek such other
remedies or relief as may be available to him or her.
20. Equitable Distribution: It is specifically understood and agreed that this
Agreement constitutes and equitable distribution of property, both real and
personal, which was legally and beneficially acquired by Husband and Wife or
either of them during the marriage as contemplated by The Act of April 2, 1980
(P.L. No. 63, No. 26) knowo as "The Divorce Code," 23 P.S. 101 et seq. of the
Commonwealth of Pennsylvania, and as amended.
--Page 9 of 14--
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Summary of Effect of Allreement: It is specifically understood and agreed by and
between the parties hereto , and each party accepts the provisions herein made in
lieu of and in full settlement and satisfaction of any and all of the said parties'
rights against the other for any past, present and future clams on account of
support, maintenance, alimony, alimony pendente lite, counsel fees, costs and
expenses, equitable distribution of marital property and any other claims of each
party, including all claims raised by them in the divorce action pending between
the parties.
22. Tax Conseauences: By this Agreement, the parties have intended to effectuate and
by this Agreement have equally divided their marital property. The parties have
determined that such equal division conforms to a right and just standard with
regard to the rights of each party. The division of existing marital property is no,
except as may be otherwise expressly provided herein, intended by the parties to
institute or constitute in any way a sale or exchange of assets and the division is
being effected without the introduction of outside funds or other property not
constituting a party of the marital estate.
23. Mutual Coooeration/Dutv to Effectuate Allreement: Each party shall at any time
and from time to time hereafter, take any and all steps and execute, acknowledge
and deliver to the other party any and all further instruments and/or documents that
the other party may reasonably require for the purpose of giving full force and
effect to the provisions of this Agreement.
--Page 10 of 14--
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24. Reconciliation: The parties shall only effectuate a legal reconciliation which
supersedes this Agreement by their signed agreement containing a specific
statement that they have reconciled and that this Agreement shall be null and void;
otherwise, this Agreement shall remain in full force and effect. Further, the parties
may attempt a reconciliation, which action, if not consummated by the aforesaid
agreement, shall not affect in any way the legal affect of this agreement or cause
any new marital rights or obligations to accrue.
25. Severabilitv: 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 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. Likewise, the failure of any party to meet her or his obligations under
anyone or more of the paragraphs herein, with exception of the satisfaction of the
conditions precedent, shall in no way void or alter the remaining obligations of the
parties.
26. No Waiver of Default: This Agreement shall remain in full force and effect unless
and until terminated under and pursuant to 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 breach of any provision hereof be construed
as a 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.
--Page 11 of 14--
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27. Intellration: This Agreement constitutes the entire understanding of the parties
and supersedes any and all prior agreements and negotiations between them.
There are no representations or warranties other than those expressly set forth
herein. This Agreement shall survive integration by any court into any judgment
for divorce and shall continue to have independent legal significance as a written
contract separate from such judgment for divorce and may be enforced as an
independent contract.
28. Effect of Divorce Decree: The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such
time as a final Decree in Divorce may be entered with respect to the parties.
29. Notices: Any and all notices given hereunder shall be in writing and shall be sent
registered mail, return receipt requested:
a.) To Husband in care of Griffie & Associates at 200 North Hanover Street,
Carlisle, PA 17013.
b.) To Wife in care of Mancke, Wagner & Spreha at 2233 North Front Street,
Harrisburg, PA 17110.
30. Waiver or Modification to be in Writinll: No modification or waiver of any of the
terms hereof shall be valid unless in writing and signed by both parties and no
waiver of any breach hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
31. Cavtions: The captions of this Agreement are inserted only as a matter of
--Page 12 of 14--
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convenience and for reference and in no way defied, limit or describe the scope
and intent of this Agreement, nor in any way effect this Agreement.
32. Azreement Bindinz on Heirs: This Agreement shall be binding and shall inure to
the benefit of the parties hereto and their respective heirs, executor, administrators,
successors and assigns.
33. Governinz Law: This Agreements shall be construed in accordance with the laws
of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the parties have set forth their hands and seals to two
counterparts of this Agreement, each of which shall constitute an original, the day and year
first above written.
WITNESSES:
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SIILl/ot Q~~r;.er>l~
Date RA MOND C. BAILEY, SR.
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COMMONWEALTH OF PENNSYL VANIA
COUNTY OF ;JJ~
On this 0lC?,.A day of
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officer, personally appeared PHYLLIST. BAILEY, known to me (or satisfactory proven) to
be the person whose name is subscribed to the within Agreement and acknowledged that she
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
J&koK. lp~
Notary Public
C.OMMONWEAL TH OF PENNSYLVANIA
Nolarial Seal
Debla K Spinner, NoIaJy Public
Cily Of Hanisburg, Dauphin County
My CommissIon ExpIres Sept 3, 2007
Member, Pennsylvania Association Of Notaries
COMMONWEALTH OF PENNSYLVANIA
6VvMWlo1,~
ID day of Mwy
COUNTY OF
On this
, 2004, before me, the undersigned
officer, personally appeared RAYMOND C. BAILEY, SR., known to me (or satisfactory
proven) to be the person whose name is subscribed to the within Agreement and
acknowledged that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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RAYMOND C, BAILEY, SR.
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
PHYLLIS T. BAILEY
Defendant
CIVIL ACTION - LAW
: NO. 00-2083 CIVIL TERM
CERTIFICATE OF SERVICE
I, Erin L. Benson, Certified Legal Intern, Family Law Clinic, hereby certifY that on this
25th day of April, 2003, I served a true and correct copy of the Motion for Appointment of Master
by placing the same in the U.S. Mail to Bradley Griffie, attorney for Raymond C. Bailey, at the
following address: 200 North Hanover Street, Carlisle, PA 17013.
-4/Z5/0 3
Date
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Erin L. Benson
Certified Legal Intern
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
717-243-2968
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RAYMOND C. BAILEY, SR.,
Plaintiff
Vo
PHYLLIS T. BAILEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. O-o - .2O ~ 3 CIVIL TERM
: 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 will proceed without you and a decree of divorce or annulment may be entered against
you for any 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, Cumberland
County, Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
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
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
RAYMOND C. BAILEY, SR.,
Plaintiff
PHYLLIS T. BAILEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. ~ - ~3 o g3 CIVIL TERM
: IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Raymond C. Bailey, Sr., an adult individual currently residing at
670 Mohawk Road, Carlisle, Cumberland County, Pennsylvania, since 1968.
2. Defendant is Phyllis T. Bailey, an adult individual currently residing at 236
West North Street, Carlisle, Cumberland County, Pennsylvania.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has
been so for at least six months immediately previous to the filing of this Complaint.
Plaintiff and Defendant were married on March 27, 1955, in Hagerstown
Maryland.
5.
There have been no other prior actions for divorce or annulment between the
parties, except an action initiated by the Defendant herein on or about October 1, 1991,
docketed in the Court of Common Pleas of Cumberland County to No. 3374 Civil 1991,
which action was stricken for inactivity.
6. Neither the Plaintiff nor the Defendant are members of the United States
Armed Forces or its Allies.
7. Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling. Knowing this, Plaintiff
does not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety
(90) days from the date of the filing of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to
23 P.S. Section 3301 (c) of the Domestic Relations Code.
COUNT II
11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in
their full text.
12. The parties have been living separate and apart since at least 1975.
WHEREFORE, Plaintiff request your Honorable Court to enter a divorce pursuant to
23 P.S. Section 3301(d) of the Domestic Relations Code.
Respectfully submitted,
~~e, Esquire
~y fo~Plaintiff
"---~'RIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
I verify that the statements made in the foregoing Complaint 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.
DATE:
RAY/vlOND C. i3AILEY,-SR., lifaintiff
RAYMOND C. BAILEY, SR.,
Plaintiff
PHYLLIS T. BAILEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION o LAW
: NO. wO - 02o 3~3 CIVIL TERM
: IN DIVORCE
If you wish to deny any of the statements set forth in the attached affidavit, you must file
a counter-affidavit within twenty days after this Affidavit has been served on you or the
statements will be admitted.
AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE
1. The parties to this action separated on or before 1975 and have continued to live
separate and apart since that time.
2. The marriage is irretrievable broken.
I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses ifI do not claim them before a divorce is granted.
I verify that the statements made in the foregoing document are tree and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
OND C. BAILEY, SR., I?laintiff
RAYMOND C. BAILEY, SR.,
Plaintiff
Vo
PHYLLIS T. BAILEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 00-2083 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this \"~4l~day of ~0(t\ ,2000, comes, Bradley L. Griffie,
Esquire, Attorney for Plaintiff, and states that he mailed a certified and tree copy of a Complaint
for Divorce to the Defendant, Phyllis T. Bailey, at 236 West North Street, Carlisle, Pennsylvania,
by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached
hereto indicating service was made on April 8, 2000.
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Sworn and subscribed to
before me this ['/.? day
of ~(tl ,2000.
O~TARY)UBLIC
Kerlsa J. Lehn~n, _Notary Public
Ce~r~e Bor~ CumberS! County
069 872 933
Receipt for
Certified Mail ~
NO Insurance Coverage ~rovided
Do not use for InternatiOnal Mail
(See Reverse)
Restricted Delivery Fee ~ l ~ )
Po~t ,~
...<
RAYMOND C. BAILEY, SR.,
Plaintiff
PHYLLIS T. BAILEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-2083- Civil Term
: IN DIVORCE
1. Admitted.
2. Denied.
Carlisle, PA 17013.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Ad mitted.
10. Admitted.
11. Admitted.
1975.
years.
ANSWER TO COMPLAINT IN DIVORCE
and
NEW MATTER
Defendant currently resides at 50 Bonnybrook Road, Lot 34,
12. Denied that the parties have been living separate and apart since at least
Admitted that the parties have been living separate and apart for more than two
NEW MATTER
By way of further response Defendant raises the following additional claims for
relief in this matter:
EQUITABLE DIVISION
13. Plaintiff and Defendant have acquired property, both real and personal,
during the course of their marriage from March 27, 1955, through the date of separation,
which property constitutes marital property.
14. Plaintiff and Defendant have been unable to agree as to an equitable
division of said property.
WHEREFORE, Plaintiff requests this Court to:
a. Enter a final Decree of Divorce divorcing the parties;
b. Grant equitable distribution of the marital property of the parties; and
c. Grant such further relief, as it shall deem proper and just.
Respectfully submitted,
BY: Andrei~---~acobsen, Esq.
JACOBSEN & MILKES
52 E. High Street
Carlisle, PA 17013
Tel: (717) 249-6427
Fax: (717) 249-8427
Attorney No. 20952
I hereby verify that the statements made in the foregoing 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.
RAYMOND C. BAILEY, SR.,
Plaintiff
vi.
PHYLLIS T. BAILEY,
Defendant
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 00-2083- Civil Term
:
: IN DIVORCE
CERTIFICATE OF SERVICE
I, Deborah R. Clark, hereby certify that a true and correct certified copy of the
Answer To Complaint In Divorce and New Matter in the above captioned matter was
duly served upon Bradley L. Griffie, Attorney for Plaintiff, by depositing it in the U.S. Mail,
postage prepaid, on April 14, 2000, addressed as follows:
Bradley L. Griffie, Esq.
200 North Hanover Street
Carlisle, PA 17013
I hereby verify that the statements made in the foregoing 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.
Dated:
Deborah R. Clark "
RAYMOND C. BAILEY, SR.,
Plaintiff/Petitioner
Vo
PHYLLIS T. BAILEY,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 00- 2083 CIVIL TERM
: IN DIVORCE
ORDER OF COURT
AND NOW this~[''~ day of 0 ~ ,2000, upon presentation and
consideration of the within Petition for Bifurcation and Rule to Show Cause, a Rule is issued
upon the Respondent to show cause, if any she has, as to why the request for bifurcation made by
the Petitioner should not be granted.
Rule returnable ~'0 days after service by first class mail postage prepaid upon counsel
of record for the Respondent.
CC:
Bradley L. Griffie, Esquire
Attorney for Plaintiff/Petitioner
Andrea C. Jacobsen, Esquire
Attorney for Defendant/Respondent
9.0°
VINVA"IXSNk~d
kld 8'- .LLlfJ O0
RAYMOND C. BAILEY, SR.,
Plaintiff/Petitioner
PHYLLIS T. BAILEY,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 00- 2083 CIVIL TERM
: IN DIVORCE
ORDER OF COURT
AND NOW this day of ,2000, upon presentation and
consideration of the within Petition for Bifurcation IT IS ORDERED AND DIRECTED AS
FOLLOWS:
1. The Petition shall be decided under Pa. Rule of Civil Procedure 206.7.
Any depositions to be taken in this matter shall be completed by no later than
the day of ,2000.
Briefs shall be filed in this matter by , the day of
,2000, and argument shall be held in Courtroom number
of the Cumberland County Courthouse, Carlisle, Pennsylvania, on ,
the day of ,2000, at o'clock .m.
BY THE COURT,
CC:
Bradley L. Griffie, Esquire
Attorney for Plaintiff/Petitioner
Andrea C. Jacobsen, Esquire
Attorney for Defendant/Respondent
RAYMOND C. BAILEY, SR.,
Plaintiff/Petitioner
Vo
PHYLLIS T. BAILEY,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 00- 2083 CIVIL TERM
: IN DIVORCE
ORDER OF COURT
AND NOW this day of ,2000, upon presentation and
consideration of the within Petition for Bifurcation, a Rule is hereby issued upon the
Respondent, Phyllis T. Bailey, to show cause, if any she has, as to why the request for
bifurcation made by the Petitioner should not be granted.
Rule returnable at a hearing to be held on
,2000, at o'clock
of the Cumberland County Courthouse, Carlisle, Pennsylvania.
, the day of
.m. in Courtroom number
Service to be made upon the Respondent by first class mail, postage prepaid upon
counsel of record for the Respondent.
BY THE COURT,
Bradley L. Griffie, Esquire
Attorney for Plaintiff/Petitioner
Andrea C. Jacobsen, Esquire
Attorney for Defendant/Respondent
RAYMOND C. BAILEY, SR.,
Plaintiff/Petitioner
Vo
PHYLLIS T. BAILEY,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 00- 2083 CIVIL TERM
: IN DIVORCE
PETITION FOR BIFURCATION AND RULE TO SHOW CAUSE
AND NOW comes Petitioner, Raymond C. Bailey, Sr., by and through his counsel of
record, Bradley L. Griffie, Esquire, and petitions the Court as follows:
Your Petitioner is the above named Plaintiff, Raymond C. Bailey, Sr., an adult
individual currently residing at 670 Mohawk Road, Newville, Cumberland County,
Pennsylvania.
Your Respondent is the above named Defendant, Phyllis T. Bailey, an adult
individual currently residing at 50 Bonneybrook Road, Lot 34, Carlisle, Cumberland
County, Pennsylvania.
Plaintiff initiated the within proceedings through the filing of a Complaint in Divorce
on April 5, 2000.
Plaintiff has filed an Affidavit under §3301(d) claiming that the parties have been
separated since on or about 1975.
In Respondent's Answer to the Complaint in Divorce and New Matter, while she
denied the parties have been living separate and apart since 1975, she admitted that
the parties have been living separate and apart for more than two (2) years.
I
o
10.
11.
12.
In the Respondent's Answer and New Matter, she requested the entry of a Decree in
Divorce in her prayer for relief.
A prior action has been filed between the parties docketed to number 3374 Civil
1991, which action was stricken for inactivity.
Petitioner and Respondent have been living separate and apart for an extended
number of years, which Petitioner suggests has been at least twenty-five (25) years.
Petitioner has been cohabiting with his girlfriend for at least the past twenty (20)
years.
The marital assets at issue in this case are a parcel or real estate, which includes a
dilapidated home where the Petitioner currently resides and which the Petitioner is
attempting to renovate.
Neither party will be harmed in any manner whatsoever if the instant divorce action
is bifurcated from the request for equitable distribution made in Respondent's new
matter.
Due to the fact that the parties have been separated for an exceptional number of
years and have both moved on with their lives, it is in the best interest to both parties
to be able to allow the divorce to be concluded and to, then, permit the parties to
proceed with further negotiations or litigation, if necessary, to resolve the issue of
equitable distribution.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order of Court and
Rule to Show Cause as to why the Court should enter an Order bifurcating the parties' divorce
proceeding from the collateral issue of equitable distribution.
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
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 unswom falsifications to authorities.
DATE: ~/~,..~/t9 0
RAy/(40-ND C [IATILEY, SP~.: ~3ff~ntiff/Petitioner
RAYMOND C. BAILEY, SR.,
Plaintiff
PHYLLIS T. BAILEY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 00-2083- Civil Term
:
: IN DIVORCE
.
ORDER OF COURT
AND NOW, this day of ,2000, upon presentation and
consideration of the Petition of Counsel to Withdraw Appearance for Phyllis T. Bailey,
JACOBSEN & MILKES, is granted leave to withdraw as counsel to defendant in this
matter.
BY THE COURT:
,J.
RAYMOND C. BAILEY, SR.,
Plaintiff
PHYLLIS T. BAILEY,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-2083- Civil Term
IN DIVORCE
ORDER OF COURT
RULE TO SHOW CAUSE
IN RE: PETITION OF COUNSEL
TO WITHDRAW APPEARANCE FOR PHYLLIS T. BAILEY
AND NOW, this~,~,~day of October, 2000, upon presentation and consideration of the
within Petition of Counsel to Withdraw Appearance for Phyllis T. Bailey, a Rule is issued upon
Phyllis T. Bailey, respondent, to show cause, if any, why the relief sought should not be granted.
Rule returnable ~ ~> days after service upon respondent by first class mail to her last
known address.
BY THE
,J.
Id
RAYMOND C. BAILEY, SR.,
Plaintiff
PHYLLIS T. BAILEY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 00-2083- Civil Term
:
: IN DIVORCE
..
PETITION OF COUNSEL
TO WITHDRAW APPEARANCE FOR PHYLLIS T. BAILEY
JACOBSEN & MILKES, by Andrea C. Jacobsen, Esquire, hereby respectfully petitions
this Court for leave to withdraw their appearance as counsel for defendantJrespondent, Phyllis
T. Bailey, and, in support thereof, aver as follows:
1. Petitioner is Andrea C. Jacobsen, Esquire, on behalf of JACOBSEN & MILKES.
2. Respondent is Phyllis T. Bailey, defendant herein.
3. Petitioner was retained by respondent on or about March 21, 2000 to represent
her in the above captioned divorce matter.
4. Petitioner has undertaken such representation but is unable to continue because
respondent has failed to cooperate with counsel.
5. Counsel has attempted without success to communicate with Mrs. Bailey
regarding her case. Counsel wrote to Mrs. Bailey on August 4, 2000, and on
October 10., 2000, requesting that she contact our office. The letter of October
10, 2000 included a copy of the Order of Court of October 2, 2000, and plaintiff's
Petition of Bifurcation and Rule to Show Cause and explained the need for Mrs.
Bailey to respond so that she would not lose any rights in this case.
6. Counsel has called the telephone number that she has for Mrs. Bailey on
numerous occasions. She has failed to reach a person, but has left several
messages on the answering machine. There has been no call back.
7. A letter of October 25, 2000 was sent by certified mail, return receipt requested,
to the last known address of Mrs. Bailey advising her of counsel's intention to file
this Petition.
8. An Order of Court was issued in this matter upon plaintiff's Petition for Bifurcation
and Rule to Show Cause, issuing a Rule for respondent to show cause why the
requested bifurcation should not be granted.
9. Counsel is unable to respond to the pending Petition for Bifurcation and Rule to
Show Cause because she has no direction from Mrs. Bailey.
10. Counsel has requested an extension of time from opposing counsel with regard
to the Rule in order to present this Petition prior to the determination of the Rule,
as counsel is unable to effectively represent Mrs. Bailey under the present
circumstances.
WHEREFORE, Petitioner, Andrea C. Jacobsen, Esquire, respectfully request leave to
withdraw her appearance as attorney for Respondent.
Respectfully submitted,
BY: Andr~~
JACOBSEI~&-M1LKES
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 - Fax
Attorney No. 20952
RAYMOND C. BAILEY, SR.,
Plaintiff
PHYLLIS T. BAILEY,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 00-2083- Civil Term
:
: IN DIVORCE
.'
CERTIFICATE OF CONCURRENCE
I hereby certify that a copy of the Petition of Counsel to Withdraw Appearance
For Phyllis T. Bailey was forwarded to Plaintiff's counsel Bradley L. Griffie of Griffie and
Associates and his concurrence in the Petition was sought.
By telephone message of October 25, 2000 Respondent's counsel advised the
undersigned of his concurrence.
Respectfully submitted,
52 E. High Street
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 - Fax
Attorney No. 20952
RAYMOND C. BAILEY, SR.,
Plaintiff/Petitioner
PHYLLIS T. BAILEY,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 00-2083 CIVIL TERM
: IN DIVORCE
ORDER OF COURT
AND NOW this ~[[o ~, day of December, 2000, upon presentation and consideration of
the within Petition to Make Rule Absolute, the Rule previously issued upon the Respondent to
show cause, if any she has, as to why the Petitioner's request for bifurcation shall not be granted,
and upon confirmation that Respondent has failed to answer the Rule, the Rule is hereby made
ABSOLUTE.
It is further ORDERED and DECREED that the parties' divorce action is bifurcated such
that Petitioner may proceed in finalizing the divorce action pursuant to §3301(d) of the Divorce
Code. The Court retains jurisdiction over all other economic issues property raised in these
proceedings and will continue to retain jurisdiction at the time of entry of the Decree.
CC~
Edward E. Guido, Judge
Bradley L. Griffie, Esquire
Andrea C. Jacobsen, Esquire ~
Phyllis T. Bailey, Defendant/Respondent
RAYMOND C. BAILEY, SR.,
Plaintiff/Petitioner
Vo
PHYLLIS T. BAILEY,
Defendant/Respondent
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 00-2083 CIVIL TERM
: IN DIVORCE
PETITION TO MAKE RULE ABSOLUTE
AND NOW comes Petitioner, Raymond C. Bailey, Sr., by and through his counsel of
record, Bradley L. Griffie, Esquire, and petitions the Court as follows:
Your Petitioner is the above named Plaintiff, Raymond C. Bailey, Sr., an adult
individual currently residing at 670 Mohawk Road, Newville, Cumberland County,
Pennsylvania.
°
Your Respondent is the above named Defendant, Phyllis T. Bailey, an adult
individual currently residing at 50 Bonnybrook Road, Carlisle, Cumberland County,
Pennsylvania.
o
Petitioner initiated a Complaint in Divorce in the above captioned action requesting a
divorce pursuant to §3301(d) of the Divorce Code and claiming that the parties have
been separated since on or about 1975.
Respondent filed an Answer admitting that the parties have been living separate and
apart for more than two years.
Petitioner filed a Petition for Bifurcation and Rule to Show Cause and caused the
Court to enter an Order and Rule dated October 2, 2000, a copy of which is attached
hereto and incorporated herein by reference as Exhibit "A."
Service of the aforesaid Order was made upon counsel of record, Andrea C. Jacobsen,
Esquire.
In her Petition to Withdraw as Counsel for Respondent, Andrea C. Jacobsen, Esquire,
noted that she had provided a copy of the Court's Order of October 2, 2000, to
Respondent by correspondence dated October 10, 2000.
Well in excess of twenty (20) days has passed since service of the Petition for
Bifurcation and Rule to Show Cause without a response being filed by Respondent.
WHEREFORE, Petitioner requests your Honorable Court to make the prior Rule to Show
Cause absolute and enter an Order authorizing Petitioner to finalize the Divorce Proceedings
while retain jurisdiction of any other issues raised in the pleadings.
Respectfully submitted,
'GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
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 falsifications to authorities.
~qAY4VIOND C. BAILEY, SR./, Plaintiff/Petitioner
3EP 2 8
RAYMOND C. BAII.EY, SR.,
Plaintiff/Petitioner
PHYLLIS T. BArlEY,
Defendant/Respondent
: IN THE COURT OF COLVLMON PLEAS OF
: CUMBERL,-MND COUNTY, PENNSYI. VANT~.
: CIVIL ACTION - LAW
: NO. 00- 2083 CIVIL TERM
: IN DIVORCE
ORDER OF COURT
.~ND NOW this day of
,2000, upon presentation and
consideration of the within Petition for Bifurcation and Rule to Show Cause, a Rule is issued
upon the Respondent to show cause, if any she has, as to why the request for bifurcation made by
the Petitioner should not be granted.
Rule returnable ,~ days after service by first class mail postage prepaid upon counsel
of record for the Respondent.
BY THE COURT,
CC;
Bradley L. Griffie, Esquire
Attorney for Plaintiff/Petitioner
)mdrea C. Jacobsen, Esquire
Attorney for Defend_ant/Respondent
TRU"- CT'?".:?RQM, RECORD
In Test;m:'::,/:,~, .... ~ i i~s~e unto set my h~n4
and th~, se~t Of sa:d ~C~u'~t"atZarlisle, Pa.
EXHIBIT "A"
RAYMOND C. BAILEY, SR.,
Plaintiff/Petitioner
Vo
PHYLLIS T. BAILEY,
Defendant/Respondent
: IN THE COURT OF CO1V~VION PLEAS OF
: CUM_BERLAND COUNTY, PENNSYLV,~NIA
: Crv'IL ACTION - LAW
:
: NO. 00- 2083 CIVIL TERM
: IN DIVORCE
ORDER OF COURT
AND NOW this day of ,2000, upon presentation and
consideration of the within Petition for Bifurcation IT IS ORDERED AND DIRECTED AS
FOLLOWS:
1. The Petition shall be decided under Pa. Rule of Civil Procedure 206.7.
Any depositions to be taken in this matter shall be completed by no later than
the day of ,2000.
Briefs shall be filed in this matter by , the day of
,2000, and argxtrnent shall be held in Courtroom number
of the Cumberland County Couzthouse, Carlisle, Pennsylvania, on ,
the day of ,2000, at o'clock .m.
BY THE COURT,
CC'
Bradley L. Griffie, Esquire
Attorney for Plaintiff/Petitioner
Andrea C. Jacobsen, Esquire
Attorney for Defendant/Respondent
RAk~'MOND C. BArrEy, SR.,
Plaintiff/Petitioner
PHYLLIS T. BAILEY,
Defendant/Respondent
: IN THE COURT OF CO1VL-MON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
: C1-VIL ACTION - LAW
: NO. 00- 2083 CIVIL TERM
: IN DIVORCE
ORDER OF COURT
AND NOW this day of ,2000, upon presentation and
consideration of the within Petition for Bifurcation, a Rule is hereby issued upon the
Respondent, Phyllis T. Bailey, to show cause, if any she has, as to why the request for
bifurcation made by the Petitioner should not be granted.
Rule returnable at a hearing to be held on
,2000, at o'clock
of the Cumberland County Courthouse, Carlisle, Pennsylvania.
, the day of
.m. in Courtroom number
Service to be made upon the Respondent by fin'st class mail, postage prepaid upon
counsel of record for the Respondent.
BY THE COURT,
CC:
Bradley L. Griffie, Esquire
Attorney for Plaintiff/Petitioner
Andrea C. Jacobsen, Esquire
Attorney for Defendant/Respondent
Jo
RAYMOND C. BAILEY, SR.,
Plaintiff
PHYLLIS T. BAILEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 00-2083, CIVIL TERM
: iN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this 12th day of January, 2001, comes Bradley L. Griffie, Esquire, Attorney
for Plaintiff, and states a Notice of Intention to Request Entry of Divorce Decree a was sent to
the Defendant, Phyllis T. Bailey, at 50 Bonnybrook Road, Carlisle, PA 17013 by certified mail,
restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating
that service was made on January 6, 2001.
Date: O[ //~ /0 (
l~rif~, Esquire N
~y foJM~aintiff
?FIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Sworn and subscrib~o
beforq me this/~ day
of ,2OOl
~TAR~ ~U~LIC
Karisa J. Lehman, Notary Public
· Complet~ items 1, 2, and 3. Also complete
item 4 i~Restdcted Delivery is desired.
· Print y~ur name and address on the reveme
so tha~we can return the card to you.
· Attach' this card to the back of the mailpiece,
or on the front if space permits.
/
2. Ar~cl_e Number (Copy from service label)
PS Form 3811, July 1999
~ml?
if YES, enter delivery address below: I-I No
3..~ice Type ~Jr~l~
· , I~ Certified Mail []
[] Insured Mail [] C.O.D.
4. Restrtcted Delivery? (Ex/m Fee) EYes
Domestic Return Receipt 102595-00-M-0952
~ Postage ·
rtl
i-~ Ce~ified Fee /. ~ 0
~ Return R~eipt Fee
= Remd~edDelivo~Fee 7 ~
~ (Endomement R~uired) ,
1:::3 I rt .e~Llent,'~tffam..e (PJ~Wee Pri .~leatlY)t(t.o be completed by mai/er)
[ ..E__q~ .I.!_!_~.....I._:_____~ I ct At
[~ j Street, Apt. No.; or PO Box No: ........... '.~ ...........................................
l..~. _ _~.q.~_~ ~__~d~- ~:I
/I
RAYMOND C. BAILEY, SR.,
Plaintiff
PHYLLIS T. BAILEY,
Defendant
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-2083- Civil Term
: IN DIVORCE
PETITION FOR RELATED CLAIMS UNDER THE DIVORCE CODE
AND NOW COMES PHYLLIS T. BAILEY, defendant in the above captioned matter, by
her counsel, and asserts against plaintiff, RAYMOND C. BAILEY, SR., the following claims for
relief in this matter under Section 3301 of the Divorce Code:
Count I - Counsel Fees, Costs and Expenses
1. Defendant incorporates herein her Answer to Complaint In Divorce and New Matter,
previously filed in this matter.
2. Defendant has minimal income of approximately $600 per month· She is not in a
financial position to meet the costs and expenses of defending this action and prosecuting her
claim. She cannot afford to pay reasonable counsel fees to her attorney.
3. Defendant believes that plaintiff has the financial means to pay counsel fees, costs
and expenses of defendant.
Count II - Alimony and Alimony Pendente Lite
4. Defendant incorporates herein the prior paragraphs above by reference.
5. Defendant does not have the financial resources to reasonably support herself.
6. Defendant believes that plaintiff has the financial resources available to him to provide
toward the support his wife.
WHEREFORE, defendant requests this Court to:
a. Award defendant reasonable cpunsel fees, expenses and costs of suit in this matter;
b. Award defendant reasonable alimony and alimony pendente lite; and
c. Grant such further relief as it shall deem proper and just.
Respectfully submitted,
BY: Andrea ~
JACOBSEN
52 E. High Street
Carlisle, PA 17013
Tel: (717) 249-6427
Fax: (717) 249~8427
Attorney No. 20952
No.
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Civil. 19
To
Prothonotary
19
Attorney fo;Plaintiff
No. Term, 19 __
Filed
VS.
PRAECIPE
, Atty.
RAYMOND C. BAILEY, SR.,
Plaintiff
PHYLLIS T. BAILEY,
Defendant
PETITION FOR RELATED CLAIMS UNDER THE DIVORCE CODE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 00-2083- Civil Term ~r~
IN DIVORCE
AND NOW COMES PHYLLIS T. BAILEY, defendant in the above captioned matter, by
her counsel, and asserts against plaintiff, RAYMOND C. BAILEY, SR., the following claims for
relief in this matter under Section 3301 of the Divorce Code:
Count I - Counsel Fees, Costs and Expenses
1. Defendant incorporates herein her Answer to Complaint In Divorce and New Matter,
previously filed in this matter.
2. Defendant has minimal income of approximately $600 per month. She is not in a
financial position to meet the costs and expenses of defending this action and prosecuting her
claim. She cannot afford to pay reasonable counsel fees to her attorney.
3. Defendant believes that plaintiff has the financial means to pay counsel fees, costs
and expenses of defendant.
Count II - Alimony and Alimony Pendente Lite
4. Defendant incorporates herein the pdor paragraphs above by reference.
5. Defendant does not have the financial resources to reasonably support herself.
6. Defendant believes that plaintiff has the financial resources available to him to provide
toward the support his wife.
WHEREFORE, defendant requests this Court to:
a. Award defendant reasonable counsel fees, expenses and costs of suit in this matter;
b. Award defendant reasonable alimony and alimony pendente lite; and
c. Grant such further relief as it shall deem proper and just.
Respectfully submitted,
52 E. High Street
Carlisle, PA 17013
Tel: (717) 249-6427
Fax: (717) 249-8427
Attorney No. 20952
VERIFICATION
I hereby verify that the statements made in the foregoing 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.
Dated:
RAYMOND C. BAILEY, SR.,:
Plaintiff
vi.
PHYLLIS T. BAILEY,
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: No. 00-2083- Civil Term
:
: IN DIVORCE
Defendant :
CERTIFICATE OF SERVICE
I, Andrea C. Jacobsen, hereby certify that a true and correct certified copy of the
PETITION FOR RELATED CLAIMS UNDER THE DIVORCE CODE in the above captioned
matter was duly served upon Bradley L. Griffie, Attorney for Plaintiff, by depositing it in the U.S.
Mail, postage prepaid, on this date, addressed as follows:
Bradley L. Griffie, Esq.
200 North Hanover Street
Carlisle, PA 17013
I hereby verify that the statements made in the foregoing 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.
Dated:
Andrea C. J/~
RAYMOND C. BAILEY, SR.,
Plaintiff
PHYLLIS T. BAILEY,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 00-2083 CIVIL TERM
: IN DIVORCE
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:
Irr ......................
3301(d)(1) of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the Complaint: by certified mail, restricted delivery to
Defendant, Phyllis T. Bailey, on April 8, 2000.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce
Code: by Plaintiff: by Defendant:
(b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code:
April 3, 2000
(2) Date of filing and service &the plaintiff's affidavit upon the Respondent: Filed: April 5, 2001
4. Related claims pending: Equitable distribution, counsel fees, and expenses, and alimony.
Divorce bifurcated by Order of Court dated December 26, 2000.
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:
Certified mail, restricted delivery on January 6, 2001.
(b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary:
Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary:
RAYMOND C. BAYI.EY, SR.,
Plaintiff
PHYLLIS T. BArLeY,
Defendant
: IN THE COURT OF CONL-MON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVA~Nq~A
: CIVIL ACTION - LAW
: NO. 00-2083 CIVIL TEKM
: IN DrvoKcE
NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE
TO: Phyllis T. Bailey, Defendant
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the Section 3301(d) a~davit. Therefore, on or before ~Ianuary 31, 2001,
the Plainti~'can request the court to enter a final decree in divorce.
If you do not file with the Prothonotary of the court an answer with your signature
notarized or verified or a counter-a~davit by the above date, the court can enter a final decree in
divorce.
Unless you have already filed with the court a written claim for economic reliefi you must
do so by the above date or the court may grant the divorce and you will lose forever the right to
ask for economic relief. The filing of the fo,m Counter-A~idavit alone does not protect your
economic claims. A COUNTER-AFFiDAVIT WHICH YOU MAY FILE WITH THE
PKOTHONOTARY OF THE COURT IS ATTACI-~D TO THIS NOTICE.
YOU SHOUT.,D TAKE TI-IlS 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 B~:I.OW TO FIND OUT WHERE YOU CAN GET t.EGAL I--uzI.P.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
INTHE COURT OF COMMON PLEAS
OFCUMBERL~ND COUNTY
STATE OF ~~ PENNA.
RAYMOND C. BAILEY~ SR.
Plaintiff
VERSUS
PHYLLIS T. BAILEY~
Defendant
NO. 00-2083 CIVIL TERM
DECREED THAT
DecreE IN
DIVORCE
Raymo C. Bailey, Sr.
, it IS ORDERED AND
, PLAINTIFF,
AND
Phyllis T. Bailey
, 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;
These proceedings are bifurcated pursuant to the Court's Order of
December 26~ 2000~ and the Court retains iurisdiction of all collateral
issues raised in these proceedings.
BY The Co~r~
/201111/ ?,.J.
PROTHONOTARY
RAYMOND C. BAILEY, SR.,
Plaintiff
PHYLLIS T. BAILEY,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:CIVIL ACTION-LAW
:IN DIVORCE
:
:NO. 00 - 2083 CIVIL TERM
CERTIFICATE OF SERVICE
I, Katherine E. Lovette, hereby certify that on this 25t~ day of April, 2002, I am serving a
true and correct copy of the Praecipe to Withdraw Appearance and Praecipe to Enter Appearance
upon Plaintiff's attorney, Bradley L. Griffie, Esq., at 200 North Hanover Street
Carlisle, Cumberland County, Pennsylvania, 17013 and upon Defendant's former attorney,
Andrea C. Jacobsen, Esq., at 52 High Street, Carlisle, Cumberland County, Pennsylvania, 17013
by first class U.S. Mail.
Katherine E. Lovette
Certified Legal Intern
FAMILY LAWCL1NIC
45N Pi~ St.
Carlisle, PA 17013
717-243-2968
RAYMOND C. BAILEY, SR.,
Plaintiff
PHYLLIS T. BAILEY,
Defendant
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION-LAW
:IN DIVORCE
:NO. 00 - 2083 CIVIL TERM
PRAECIPE TO WITHDRAW APPEARANCE
AND NOW, this 1.4 .day of April, 2002, Andrea C. Jacobsen, Esquire withdraws her
appearance on behalf of the Defendant, Phyllis T. Bailey.
Respectfully submitted,
Andrea C. Jac bs~n, Esq.
52 East High Street
Carlisle, PA 17013
PRAECIPE TO ENTER APPEARANCE
AND NOW, this aT~/~ . day of April, 2002, the Family Law Clinic, hereby enters its
appearance on behalf of the Defendant, Phyllis T. Bailey.
Respectfully submitted,
April ~aT~' ,2002 .///~,LZ~ ~?/~
Katherine E. Lovette
Certified Legal Intern
THOMAS M. PLACE
LUCY JOHNSTON-WALSH
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
EcEIVED 23
RAYMOND C. BAILEY, SR.
Plaintiff
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
PHYLLIS T. BAILEY
Defendant
CIVIL ACTION - LAW
· NO. 00-2083 CIVIL TERM
CERTIFICATE OF SERVICE
I, Erin L. Benson, Certified Legal Intern, Family Law Clinic, hereby certify that on this
25th day of April, 2003, I served a true and correct copy of the Motion for Appointment of Master
by placing the same in the U.S. Mail to Bradley Griffie, attorney for Raymond C. Bailey, at the
following address: 200 North Hanover Street, Carlisle, PA 17013.
Date Erin L. Benson
Certified Legal Intern
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
717-243-2968
RAYMOND C. BAILEY, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION[ - LAW
PHYLLIS T. BAILEY,
Defendant
NO. 00-2083
1N DIVORCE
CIVIL TERM
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
. '~fie, Esquire
~'r Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-.5551
(800) 347-.5552
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ]/.)day of"~/'RTc7 , 2004, by and
between PHYLLIS T. BAILEY, of Carlisle, Cumberland County, Pennsylvania, party of the
first part, hereinafter referred to as "W/fe",
AND
RAYMOND C. BAILEY, SR., of Carlisle, Cumberland County, Pennsylvania, party
of the second part, hereinafter referred to as "Husband",
WITNESSETH:
WHEREAS, the parties hereto were former Husband[ and Wife having been married
on March 27, 1955, in Hagerstown, Washington County, Maryland, and having been divorced
by Decree in Divorce entered on February 23, 2001, in the Court of Common Pleas of
Cumberland County to docket number 00-2083 Civil Term;
WHEREAS, diverse unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Wife and Husband to live separate and apart, and
the parties hereto are desirous of settling their respective financial rights and obligations as
between each other, and to finally and for all time to settle and determine their respective
property and other rights growing out of their marital relations; and wish to enter into this
Separation and Property Settlement Agreement;
WHEREAS, both and each of the parties hereto have had the opportunity to be
advised of their legal rights and the implications of this Agreement and the legal
consequences which may and will ensue from the execution hereof;
--Page I of 14--
WHEREAS, Wife acknowledges that she has had the opportunity to be thoroughly
conversant with and know accurately the size, degree, and extent of the estate and income of
Husband and Husband acknowledges that he has had the opportunity to be thoroughly
conversant with and know accurately the size, degree, and extent of the estate and income of
Wife; and
NOW, THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth which are hereby acknowledged by each of
the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants
and agree as follows:
Advise of Counsel: The provisions of this Agree:ment and their legal effect have
been fully explained to the parties by their respective counsel, Bradley L. Griffie,
Esquire, for Husband and P. Richard Wagner, Esquire, for Wife. The parties
acknowledge that they have received independent legal advice from counsel of
their own selection and that they fully understand the facts and have been fully
informed as to their legal rights and obligations and they acknowledge and accept
that this Agreement is, in the circumstance, fair and equitable and that it is being
entered into freely and voluntarily after having received such advice and with such
knowledge that execution of this Agreement is not the result of any duress or
undue influence and that it is not the result of any collusion or improper or illegal
agreement or agreements and the parties hereto state that he/she, in the
procurement and execution of this Agreement, has not been subject to any fraud,
concealment, overreaching, imposition, coercion, of other unfair dealing on the
part of the other, or on the part of the other's counsel.
--Page 2 of 14--
Warranty of Disclosure: The parties warrant and represent that they have made a
full disclosure of all assets and their valuation prior to the execution of this
Agreement. This disclosure was in the form of an informal exchange of
information by the parties but also reflects the fi~ct that the parties had personal
knowledge before their separation of their various assets and debts all of which for
the basis of this Agreement between the parties.
Personal Rights and Separation: Wife and Husband may and shall, at all times
hereafter, live separate and part. They shall be free from any control, restraint,
interference or authority, direct or indirect, by the other in all respects as if they
were unmarried. They may reside at such place or Places as they may select.
Each may, for his or her separate use or benefit, conduct, carry on and engage in
any business, occupation, profession or employment which to him or her may
seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign
each other or the respective families of each other nor compel or attempt to compel
the other to cohabit nor dwell by any means or in tiny manner whatsoever with him
or her.
Agreement not a Bar to Divorce Proceedings: This Agreement shall not be
considered to affect or bar the right of Wife or Husband to a limited or absolute
divorce on lawful grounds if such grounds now exist or shall hereafter exist or to
such defense as may be available to either party. This Agreement is not intended
to condone and shall not be deemed to be a condonation on the part of either party
hereto of any act or acts on the party of the other party which may have occasioned
--Page 3 of 14--
the disputes or unhappy differences which have occurred prior to or which may
occur subsequent to the date hereof. The parties intend to secure a mutual consent,
no-fault divorce pursuant to the terms of §3301(c) of the Divorce Code of 1980.
Agreement to be Incorporated in Divorce Decree: The parties agree that the terms
of this Agreement may be incorporated into any divorce decree which may be
entered with respect to them. Notwithstanding such incorporation, this Agreement
shall not be merged in the decree, but shall survive the same and shall be binding
and conclusive on the parties for all time.
Date of Execution: The "date of execution" or "execution date" of this Agreement
shall be defined as the date upon which it is executed by the parties if they have
each executed the Agreement on the same date. Otherwise, the "date of
execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
Personal Property: Husband and Wife do hereby acknowledge that they have
previously divided their tangible personal property including, but without
limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household
equipment and appliances, pictures, books, works of art and other personal
property. Wife agrees that all of the property in the possession of Husband shall
be the sole and separate property of Husband and Husband agrees that all of the
property in the possession of Wife shall be the sole and separate property of Wife.
The parties do hereby specifically waive, release, renounce and forever abandon
whatever claims, if any, he or she may have with respect to the above items which
--Page 4 of 14--
10.
11.
shall become the sole and separate property of the .other, with full power to him or
her to dispose of the same as fully and effectually, as though he or she were
unmarried.
8. Marital Debt: The parties confirm that there axe no marital debts in existence
as of this time to which the parties are jointly ob]~igated. Any debts that exist in
individual names shall be the sole and exclusiw: responsibility of the party in
whose name the debt exists.
Bank Accounts: For the mutual promises and covenants contained in this
Agreement, Husband and Wife hereby waive all right, title, claim or interest they
may have by equitable distribution in their respective bank accounts, checking or
savings, if any, and each party waives against the other any duty of accounting for
disposition of any jointly held funds.
After-Acquired Personal Property: Each of the parties shall hereafter own and
enjoy, independently of any claim or right of the other, all items 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.
Motor Vehicles: The parties no longer have motor vehicles in joint names.
Further, any vehicles that the parties own are in their individual names and have
been for an extended period of time and their sole possession and use. Neither
party will make any claim of any nature relative to any motor vehicles in the other
--Page 5 of 14--
12.
13.
party's name or possession from the date of execution of this Agreement forward.
Real Estate: The parties are the joint owners of real estate located at 270 Mohawk
Road, Newville, Cumberland County, Pennsylvania. Within fifteen (15) days of
execution of this Agreement, Husband, through counsel, shall present Wife,
through counsel, with a special warranty fee simple deed for Wife to execute to
convey all of her right, title and interest in the aforesaid real estate to Husband.
Wife shall execute the Deed so that it can be appropriately witnessed and notarized
within fifteen (15) days of its receipt by her legal counsel.
Husband shall, within thirty (30) days of execution of this Agreement by Wife,
secure the sum of THIRTY THOUSAND AND XX/100 ($30,000.00) DOLLARS
to provide to Wife as a lump sum payment for her interest in the aforesaid real
estate. Payment shall be made through Husband's legal counsel to Wife's legal
counsel in exchange for the aforementioned deed. This transaction shall occur
within thirty (30) days of execution of this Agreement by Wife.
After delivery of the THIRTY THOUSAND AND XX/100 ($30,000.00)
DOLLARS as described herein, Wife shall make no additional claim of any nature
whatsoever, legal or equitable, to the within referenced real estate and Husband
shall retain the real estate from that date forward as his sole and exclusive
possession.
Reciprocal Waivers of Pension Interests: Husband and Wife agree to waive any
and all right, title, or interest in the other party's Individual Retirement Account(s),
Pension(s), Annuities, profit-sharing plans, or other retirement accounts or plans.
--Page 6 of 14--
14.
~Varrantv as to Post Separation and Future Obligations: Husband and Wife each
covenant, warrant, represent and agree that each will now and at all times hereafter
save harmless and keep the other party indemnit~[ed from all debts, charges and
liabilities incurred by the Husband or Wife, respeclively.
15. Spousal Support, Alimony, Alimony Pendente Lite, and Spousal Maintenance:
16.
a.)
b.)
Husband hereby waives any right or claims of any nature whatsoever relative
to alimony, alimony pendente lite, spousal support, spousal maintenance,
counsel fees and expenses against Wife.
With hereby waives any right or claim of andy nature whatsoever relative to
alimony, alimony pendente lite, spousal support, spousal maintenance, counsel
fees and expenses against Husband. Wife hereby agrees that any Order for
alimony pendente lite, spousal support, spousal maintenance, counsel fees or
expenses shall immediately terminate upon the'. execution of this document.
Mutual Releases: Husband and Wife each do hereby mutually remise, release,
quitclaim, and forever discharge the other and the estate of such other, for all times
to come and for all purposes whatsoever, of and from any and all right, title and
interest, or claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of such other, of
whatever nature and wheresoever situate, which he or she now has or at any time
hereafter may have against such other, the estate of such other, or any part thereof,
whether arising out of any former acts, contracts, engagements, or liabilities of
--Page 7 of 14--
17.
such other as by way of dower or curtesy, or chfims in the nature of dower or
curtesy or widow's or widower's rights, family exemption, or similar allowance,
or under the intestate laws, or the right to take against the spouse's Will; or the
right to treat a lifetime conveyance by the other as testamentary, or all other rights
of a surviving spouse to participate in a deceased spouse's estate, whether arising
under the laws of(a) Pennsylvania, (b) any state, commonwealth or territory of the
United States, or (c) any other country, or any rights which either party may have
or at any time hereafter have for past, present, or future support or maintenance,
alimony, alimony pendente lite, counsel fees, cost,,; or expenses, whether arising as
a result of the marital relation or otherwise, except and only except, all rights and
agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any thereof. It is the intention of Husband and
Wife to give to each other by execution of this Agreement a full, complete, and
general release with respect to any and all property of any kind or nature, real or
personal, or mixed, which the other now owns or may hereafter acquire, except
and only except, all rights and agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach of any thereof.
Divorce: Husband had commenced an action for divorce against Wife pursuant to
§3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce
docketed to No. 00-2083 Civil Term, in the Court of Common Pleas of
Cumberland County, Pennsylvania. Further:
a.) This Agreement represents a complete antd final agreement as to their
--Page 8 of 14--
b.)
18.
19.
20.
respective property rights which arose from the marital relation and therefore
mutually waive any and all rights they may have under §3502, et. of the
Pennsylvania Code, Act. No 1980-26.
This Agreement may be offered in evidence in the action for divorce and may
be incorporated by reference in the decree. Notwithstanding such
incorporation, this Agreement shall not be merged in the decree, but shall
survive the same and shall be binding and conclusive to the rights of all parties.
Legal Fees: In the review and preparation of this Agreement each party shall bear
his or her own legal fees.
Remedy ['or Breach: If either party breaches any provision of this Agreement, the
other party shall have the right, at his or her election, either to sue for damages for
such breach, in which event the breaching party shall be responsible for payment
of legal fees and costs incurred by the other in enforcing their rights hereunder,
whether through formal court action or negotiations, or to seek such other
remedies or relief as may be available to him or her.
Equitable Distribution: It is specifically understood and agreed that this
Agreement constitutes and equitable distribution of property, both real and
personal, which was legally and beneficially acquired by Husband and Wife or
either of them during the marriage as contempla~Ied by The Act of April 2, 1980
(P.L. No. 63, No. 26) known as "The Divorce Code," 23 P.S. 101 et seq. of the
Commonwealth of Pennsylvania, and as amended.
--Page 9 of 14--
21.
22.
23.
Summary of Effect of Agreement: It ~s specifically understood and agreed by and
between the parties hereto, and each party accepts the provisions herein made in
lieu of and in full settlement and satisfaction of any and all of the said parties'
rights against the other for any past, present and future clams on account of
support, maintenance, alimony, alimony pendente lite, counsel fees, costs and
expenses, equitable distribution of marital property and any other claims of each
party, including all claims raised by them in the ,divorce action pending between
the parties.
Tax Consequences: By this Agreement, the parties have intended to effectuate and
by this Agreement have equally divided their marital property. The parties have
determined that such equal division conforms to a right and just standard with
regard to the rights of each party. The division of existing marital property is no,
except as may be otherwise expressly provided herein, intended by the parties to
institute or constitute in any way a sale or exchange of assets and the division is
being effected without the introduction of outside funds or other property not
constituting a party of the marital estate.
Mutual Cooperation~Duty to Effectuate Agreeme~ut: Each party shall at any time
and from time to time hereafter, take any and all steps and execute, acknowledge
and deliver to the other party any and all further instruments and/or documents that
the other party may reasonably require for the purpose of giving full fome and
effect to the provisions of this Agreement.
--Page 10 of 14--
24.
25.
26.
Reconciliation: The parties shall only effectuate a legal reconciliation which
supersedes this Agreement by their signed ag:reement containing a specific
statement that they have reconciled and that this Agreement shall be null and void;
otherwise, this Agreement shall remain in full force and effect. Further, the parties
may attempt a reconciliation, which action, if not consummated by the aforesaid
agreement, shall not affect in any way the legal affect of this agreement or cause
any new marital rights or obligations to accrue.
Severabilit¥: 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 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. Likewise, the failure of any party to meet her or his obligations under
any one or more of the paragraphs herein, with exception of the satisfaction of the
conditions precedent, shall in no way void or alter the remaining obligations of the
parties.
No Waiver of De£ault: This Agreement shall remain in full force and effect unless
and until terminated under and pursuant to 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 fight of such party hereafter to enforce
the same, nor shall the waiver of any breach of any provision hereof be construed
as a 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.
--Page 11 of 14--
27.
28.
29.
a.)
30.
31.
Integration: This Agreement constitutes the entire understanding of the parties
and supersedes any and all prior agreements and negotiations between them.
There are no representations or warranties other than those expressly set forth
herein. This Agreement shall survive integration by any court into any judgment
for divorce and shall continue to have independeni legal significance as a written
contract separate from such judgment for divorce and may be enforced as an
independent contract.
Effect of Divorce Decree: The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such
time as a final Decree in Divorce may be entered with respect to the parties.
b.)
.Notices: Any and all notices given hereunder shall be in writing and shall be sent
registered mail, return receipt requested:
To Husband in care of Griffie & Associates at 200 North Hanover Street,
Carlisle, PA 17013.
To Wife in care of Mancke, Wagner & Spn~ha at 2233 North Front Street,
Harrisburg, PA 17110.
Waiver or Modification to be in Writing: No modification or waiver of any of the
terms hereof shall be valid unless in writing and signed by both parties and no
waiver of any breach hereof or default hereunder shall be deemed a waiver of any
subsequent default of the same or similar nature.
Captions: The captions of this Agreement are inserted only as a matter of
--Page 12 of 14--
convenience and for reference and in no way defied, limit or describe the scope
and intent of this Agreement, nor in any way effect this Agreement.
32.
Agreement Binding on Heirs: This Agreement shall be binding and shall inure to
the benefit of the parties hereto and their respective heirs, executor, administrators,
successors and assigns.
33.
Governing Law: This Agreements shall be construed in accordance with the laws
of the Commonwealth of Pennsylvania.
1N WITNESS WHEREOF, the parties have set forth their hands and seals to two
counterparts of this Agreement, each of which shall constitute an original, the day and year
first above written.
WITNESSES:
Date
PHYLI~ T. BAILEY ?]
Date - RAYMOND ~. B~]LEY, SR.'
--Page 13 of 14--
COMMONWEALTH OF PENNSYLVANIA
On this ~a~' ~ day of ~
,2004, before me, the undersigned
officer, personally appeared PHYLLIS T. BAILEY, known to me (or satisfactory proven) to
be the person whose name is subscribed to the within Agreement 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
~:OMMONWEALTH OF PENNSYLVANIA
/ My ~ Explres Sepl. 3, 2007
Member, Pennsylvania Association Of Notarie,~
COUNTY OF
On this
COMMONWEALTH OF PENNSYLVANIA
I~) dayof ~,
,21)04, before me, the undersigned
officer, personally appeared RAYMOND C. BAILEY, SR., known to me (or satisfactory
proven) to be the person whose name is subscribed to the within Agreement and
acknowledged that he executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand anti official seal.
--Page t4 of 14--
RAYMOND C. BAILEY~
Plaintiff
vs.
PHYLLIS T. BAILEY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00 - 2083 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this ~O~- day of ~ 69 ..~//
2004, a divorce decree having been entered previou~y on
February 23, 2001, and the economic claims raised in the
proceedings having been resolved in accordance with a
separation and property settlement agreement dated May 10,
2004, the appointment of the Master is vacated.
BY THE COURT,
CC:
~radley L. Griffie
Attorney for Plaintiff
~. Richard Wagner
Attorney for Defendant
G(~Or~
E-ti