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HomeMy WebLinkAbout00-03259 :Ii 1f. Of. :Ii , , . , , , . . , , . , , , 1 L_, .~ -. ., .n_'_....'" .' , . "",;,., , ,. . :Ii :Ii :Ii;tO ;to :Ii ;Ii:ti :ti:ti;t;;ti:ti;ti:ti:ti:ti :ti:ti:ti;ti:ti:ti;tO:ti;ti :f.:ti :ti;ti:ti;ti:f.;tO:ti;ti:f.;ti;tO :ti:ti:ti:ti:f.:ti:ti:ti:ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. . Angela J. Danner , . . , , , No. 00-3259 VERSUS . , , . , . . Gregory A. Danner . . . , , , , . . . . . , , . , , , , , , . . . , , , , , , , , , , , , , , , , . . . . , , , , . . , . . . . . . . :+:f.:ti:f.:ti:f. . . , , , , , , , . , . . . . , . . . . . . . . . . . . . . , , . . . . , , , . . . , :f.:ti:f.:f.:ti:ti:f.:ti:ti:f.:ti:f.:f.:ti:ti:ti:+:ti:ti:ti:f.:ti:ti:ti:ti:ti:f.:f.:f.:f.~ DECREE IN DIVORCE AND NOW, <f-Lf Angela J. Danner 2004 , IT IS ORDERED AND /3~ DECREED THAT , PLAINTIFF, AND Gregory A. Danner , 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; The property Settlement and Separation Agreement filed of record on April 4, 2003 is incorporated herein. . ~ ".I'-'1"')/, :\\3 .....-::,"::".JIYI.- }, \8 "':.-'-..--... '-"J ~ ~=~:.- "'" --::~~.~ ~F/?;C.;-{'(:;, 't~, ..;..'---;:; '-'-f",,,.; ""J"~:. ;:or:-',~ <.J t.'1 >'=-"'~"; ~ '-" -~ ""\ ~ -~ ;'1 --- .- \ J ;. V / -- ~I ~ ..~ '.,..' ',e. ,~~r:... ~~- _~~~~ , .4f):';:;:=~~~_,"-:,:~:::~-~...'" , 1;,Jj'~,.... ."...-- ~~e""'" ~Ui~ r >'"0' \;;. "".::4....., PROTHONOTARY 0000000000000 :f.:ti:f:ti:f.:f. :f. :t;;ti:ti:f.:ti:f.:+:f.:t;;ti:ti:ti:+:ti:f.:f:f.:ti :+:tiOf.:ti:ti;+'", . . . . . . , , . . . . . . . . . . . . . J. . . . . . , . . . . . , . . . . . , , , , , , . , . , . . , , . , !I! "') - .23, ttJfj' 7- ;)3-,!}f' '-', ,~r, ~, .~~ , 'i. ~' ,... <';" . '.'~ . 1'" ,"" t!d- c1~ ~ iJ,ta4 j'#- ~~~,~ .,. IlI!lI ~"'~~....._"' .F.~.__?"""""t!_~,.,.".,-,,~, . ~ ~__.~.."".,.'":"'""--'iIllll,"l!J-,~'F"~~' ,c< " .... . , ANGELA J. DANNER, Plaintiff Vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION - LAW : NO. 00 - 3259 CIVIL TERM GREGORY A. DANNER, Defendant IN DIVORCE ',',-""'-",.'" . ','"', "'l'<W';':"" PROPERTY SETTLEMENT AND SEPARATION AGREEMENT , -.tJ. THIS AGREEMENT made this /J - day of \ )"-1;; . 2001, between Gregory A. Danner, of 605 Ridge Road, Dillsburg, York County, Pennsylvania, hereinafter referred to as Husband, A N D Angela J. Danner, of 1128 Columbus Avenue, Apt. 6, Lemoyne, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on, May 8,1993 in Mechanicsburg, Cumberland County, Pennsylvania and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland Commonwealth of Pennsylvania, to Number 00 - 3259 Civil Term; and R.3: The parties' hereto desire to settle fully and finally their respective 1 --- '~ I financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 605 Ridge Road, Dillsburg, York County, Pennsylvania. Within thirty (30) days of the date of this 2 - " . Agreement, Wife shall convey the real estate to Husband by special warranty deed. Husband shall pay for all household expenses induding, but not limited to, mortgages and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Husband hereby shall hold Wife harmless and indemnify her from any loss thereon. Husband shall immediately list the marital home for sale, and, upon its sale, he shall retain all the proceeds of sale. In the event that the house does not sell within 180 days from the date of this Agreement, Husband shall refinance said mortgage obligation so that Wife is no lornger liable thereon, or, in the alternative, he may obtain a release of her obligation under the present mortgage. The real property referenced herein includes 2.16 acres known as Lot 1 in the Plan recorded in the Office of the Recorder of Deeds in York County, Pennsylvania, in Plan BookPP, page 98 and a 1 acre tract known as Lot 1A recorded in the Office of the York County Recorder of Deeds in Plan Book QQ, page 470. (4) DEBT: A. MARTIAL DEBT: Husband and Wife acknowledge and agree that there are no outstanding debts and obligations which are martial or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. Harris Savings Mortgage, Account No. 1230000784 ii. MBNA Visa, Account No. 4131024694217617 (now the Discover card) iii. Members 1st Visa, Account No. 4121449991020368 iv. Beneficial Loan, Account No. 71171400525608 3 .......'1 v. The obligation for heating oil for the parties former residence at 870 Fickes Road, in the amount of approximately $500.00. vi. Approximately $14,000.00 owed to Husband's family for a land conveyed at 605 Ridge Road, Dillsburg, Pennsylvania. vii. Discover Account No. 6011002010636652 viii. Citibank Visa Account No. 4128003779314668 ix. A TT Visa x. Wells-Fargo Financial Account No. 42516614 xi. JVE Enterprises in the amount of approximately $1,600.00 xii. Bon Ton 1: Husband shall pay the obligations to Harris Savings on the mortgage, MBNA Visa Account, Members 1st Visa, the Beneficial loan, the JVE Enterprises account, the fuel account and the obligation to his family by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. 2: Wife shall pay the obligations to the Discover Account (No. 6011002010636652), Citibank Visa, ATT Visa account, and Bon Ton by making timely monthly payments in at least the minimum amount required by the creditors until paid in full. Within 60 days of the date of this Agreement, Wife will reimburse Husband for his payment of the Wells-Fargo Financial Account No. 42516614 in the approximate amount of $3,570.00. Each party shall pay the outstanding joint debts as set forth herein and further 4 ." .'-1 ~ > agrees to indemnify and save harmless the other from any and all claims and demands made against either of them by reason of such debts or obligations. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on March 11, 2000, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within 10 days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Husband will retain the 1993 Dodge Dakota and Wife will retain the 1993 Mazda Protege. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, 5 ~ .~ appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. Within 60 days of the date of this Agreement, WIFE will remove from the marital home the dining room and patio furniture. In the event those items are not removed within 60 days, absent an extension, of time requested by WIFE and granted by HUSBAND, those items shall be the sole and separate property of HUSBAND. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. (8) HEALTH INSURANCE: Husband Shall provide health, eye and dental insurance coverage for the children of the marriage, Rachel A. Danner, born February 28, 1988, Jacqueline J. Danner, born October 27, 1993 and Chelsea M. Danner, born February 12, 1998. Husband will continue to provide coverage as long so custody is shared equally. (9) LIFE INSURANCE POLICIES: Wife is insured by Massachusetts State 6 Farm. Wife will be solely responsible for paying the premiums on said policy. (10) VEHICLE INSURANCE: Presently, coverage for the parties vehicles is through State Farm Insurance Company, the premiums for which are automatically deducted from Husband's checking account. Husband will give to Wife 30 days notice of cancellation of vehicle insurance on the vehicle which Wife is driving. At that time, Wife will be SOlely responsible for obtaining her own insurance coverage, at which time she will not pay any longer the life insurance policy premiums for Husband (11) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (12) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, Husband is represented by Carol J. Lindsay and, Wife has been advised that he or she may be represented by counsel of choice. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. However, Wife shall 7 ~ "'-j: pay Husband within ten (10) days of receipt of a statement from Carol J. Lindsay, Esquire, one-half of the cost for preparation and revision of the Property Settlement and Separation Agreement. (13) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (14) INCOME TAX: A: The parties have heretofore filed joint Federal and State Tax retums. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. B: The parties share the custody of their children equally. The parties will also share the tax exemption for the children. In the year 2001, Husband will take all three children as exemptions since Wife took all three children as exemptions in the year 2000. In 2002 and in all even years thereafter, Husband will take the exemption for two children and Wife will take the exemption for one. In odd 8 -'jl' numbered years commencing 2003, Wife will take the exemption for two children and Husband shall take the exemption of one. This arrangement shall continue so long as the parties share physical custody of their children in a relatively equal manner. When there are only two children for whom exemptions can be taken, the parties will each take one. When there is only one child for whom the parties can claim an exemption, the parties will alternate that child, with Husband taken the first of the years and Wife the second and so on. (15) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' martial assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (16) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is 9 - <i , ~ specifically waived. (17) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (18) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (19) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the 10 ,1 , '-il other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now 11 has, or may hereafter have, against or with respect to the other. (20) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (21) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (22) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (23) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (24) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement 12 ~ ~ ,> , , '~ . . shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: .~~~ U\i,l~)~ ~I>I><<) gela Dan er 13 " '''idlldil:l!!ll~I@i!lj~Jl' """"""[-- '~J~~~~(~<~~-~-;a;IIiiIlIItiIitlI!il_lfirlll!ili*f.i\'f"~ ~~"'" -~--= ~,c .~_~ "' ~" ~' ~. , - . , 0 0 0 C (..,~) -n :S~ ".. --I V~~-] -,,, ~'~i~ n~ i i ;'::J :z 7~ ]> :~~ (n - -< / I~; ..~ -- GFl w 2-5m -I ~, "... "r.---" =< ':0 0 -< .. " "I I '-"";,-; , " IN THE COURT OF COMMON PLEAS OF THE FlFTY-NlN1H JUDICIAL DISTRICT OF PENNSYLVANIA COUNTY BRANCH - CAMERON Angela J. Danner Plaintiff ) ) ) ) ) ) ) COUNTY BRANCH CIVIL ACTION - LAW vs. NO. 00-3259 Gregory A. Danner Defendant PRAECIPE TO TRANSMIT TIIE RECORD 1. Grounds for divorce: Section 3301(c) of the Divorce Code x Section 3301(d) of the Divorce Code 2. (a) Date complaint filed: May 25, 2000 (b) Date of service of the complaint: June 2, 2000 ( c) If service 30 days after date of f1.ling, date complaint reinstated: (d) Manner of service of the reinstated complaint: Certified mail, restricted delivery to and return receipt signed by defendant. First-class mail - not returned, certified mail refused, 15 days have elapsed Date of mailing: Date certified mail refused Personal service by Sheriff and/or Deputy Sheriff Personal service by competent adult other than Sheriff (Affidavit attached) X Acceptance of service (copy attached) By publication pursuant to Order of Court (Copy of Order attached) l' ~ .- . "'" ~";;I ".l ^ .. 3. (a) Affidavit of consent required by Section 3301( c) of the Divorce Code: Date of execution: Plaintiff Date of filing: Plaintiff Defendant Defendant (b) Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: Date of execution: March 1, 2004 Date of service upon defendant: May 27, 2004. 4. Related claims pending: None 5. (a) Date of service of the notice of intention to request entry of divorce decree, copy of which is attached: May 27, 2004. Manner of service of notice of intention: Certified mail X First -class mail Personal service Acceptance of service Publication pursuant to Order of Court Other (b) Date waiver of notice of intention to request entry of divorce decree was filed with the Prothonotary: By plaintiff: By defendant: VERIFICATION I verifY that the statements made in this praecipe are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Yoffe & Yoffe, P.C. Date: May 27, 2004 Esq. Danner ,.~,",i~~imftl&~~~~I- 1 rJ~R,jI~~~j~<lIJi\il_';lk~jjl~Ull~~~r8t1 " b&J[~- o c:: s t3Yf ~S;: ~C~- J:;'() 5~~~ 3. ~~,'"~ c=. ,~ ~-:ti~ ,~. ,.." = = r' <- c:: r- I CO "P' ::g: 9 UJ ti~ '" ...-...... ~ ....-\ :t:'"'fl r'l1r: :gffi ott :;:t5f', 6:!J '70 Brr. -'"I ~ - I ......~- , , ANGELA J. DANNER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY GREGORY A. DANNER, Defendant :NO. ClO - d:2S? (7io('( T'iA..nt NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office ofthe Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 - < . ' ''''''''''-''1 ANGELA J. DANNER, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :ClVIL ACTION - LAW :IN DNORCE/CUSTODY ;NO. (j()" 3;259 ~ --- / .v--... GREGORY A. DANNER, Defendant COMPLAINT AND NOW comes the Plaintiff, Angela J. Danner, who, by and through her attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Angela J. Danner, is an adult individual residing at 1128 Columbus Avenue, Apt 6, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant, Gregory A. Danner, is an adult individual residing at 605 Ridge Road, Dillsburg, York County, Pennsylvania 17019. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on May 8, 1993, in Mechanicsburg, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant separated on March 11, 2000. "" L' - - ~ '~w,_j 6. There have been no prior actions in divorce or for armulment between the parties other than the original complaint filed at this docket number. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 9. The averments contained in Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full. 10. Plaintiff's marriage to Defendant is irretrievably broken. 11. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.SA gg3301(c) or (d), Plaintiff, Angela J. Darmer, respectfully requests the Court to enter a Decree of Divorce. 2 ,,' 1; COUNT n CUSTODY, PARTIAL CUSTODY AND VISITATION 12. The averments contained in Paragraphs 1 through 8~ofthis Complaint are incorporated herein by reference as though set forth in full. 13. Plaintiff seeks primary physical and joint legal custody of the following children: Nillne. Date of Birth Residence Rachae1 Danner 2-28-88 10-27-93 2-12-98 Mother & Father Jacquelyn Danner Chelsea Danner Mother & Father Mother & Father Rachael Danner was born out of wedlock. Defendant adopted Rachel Danner in August, 1993. Jacquelyn and Chelsea Danner were not born out of wedlock. Plaintiff and Defendant have been sharing custody of the children at their respective addresses since their separation. 14. During the past five years, the children have resided at the following addresses with the individuals indicated: Persons living with children Plaintiff and Defendant Address 605 Ridge Road Dillsburg, P A 17019 ~ 11/99 - separation Plaintiff and Defendant 870 Fickes Road Dillsburg, P A 17019 8/98 - 11/99 Plaintiff and Defendant 100 Fickes Road Dillsburg, PA 17019 95 - 8/98 3 -,. ~-- 15. Plaintiff is the Mother of the children and she currently resides only with her children. Defendant is the Father of the children and currently resides with his brother, Kevin Danner, as well as the children. 16. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 17. The best interest and permanent welfare of the children will be served by granting the relief requested because: Plaintiff has been the children's primary care taker since their birth. 18. Each parent whose parental rights to the children have not been terminated have been named as parties to this action. WHEREFORE, Plaintiff requests that the Court grant her primary physical custody and joint legal custody of the parties minor children. 4 " .i 'I lJ'ii" COUNT IT EQUITABLE DISTRIBUTION 18. The averments contained in Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in fulL 19. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 20. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 21. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff, Angela J. Danner, respectfully requests the Court to divide all marital property equitably between the parties. COUNT ill REQUEST FORALDdONY 22. The averments contained in Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in fulL 5 .1 -. , " . ~ ~",,,:-~' 23. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 24. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff, Angela J. Danner, respectfully requests the Court to enter an award of alimony in her favor. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 25. The averments contained in Paragraphs 1 through 8 of this Complaint are incorporated herein by reference as though set forth in full. 26. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 27. Plaintiff is employed, but she is unable to sustain herself during the course of this litigation. 6 .,c_, ~ - ~ ~_'i~, WHEREFORE, Plaintiff, Angela J. Danner, respectfully requests the Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until [mal hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. DATED: Sf JJ-lco Respectfully submitted, of Counsel ..--.. BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 7 " , . VERIFICA nON I, Angela J. Danner, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: 5' J/kC:O ft.1/JIJ \ d &~tn,.zJ Angc& J. D;;r , , , '-<illili ""'-Ill Y ANGELA J. DANNER, Plaintiff :IN THE COURT OF COJ\1MON PLEAS OF :CUMBERLAND COUNTY, PENNSYL V ANlA v. :CIVIL ACTION - LAW :IN DIVORCE/CUSTODY GREGORY A. DANNER, Defendant :NO. 00-3259 ACCEPTANCE OF SERVICE I, GJii!ptGe>RY If, t#NNER., hereby accept service of the Divorce Complaint filed in the above-captioned matter. &;/?- ho ~71 C~ ~, ~~...,;"";.i~~~lllIlIIl-~~' -='''''-"'--'~~f,,"ri4~'~~>d~'!l~a~l~,,,:>,A,,,~.i};jill!~~~~~liliii*,JiiA!,,"I"';' ,"~~--,L."...<, ,. ~. 0 0 0 C C, "'" -" rgCD , ~ ;:;~! f""'" C " ;2;: ~-71fR Z::t:r 2:C'. --'-Jfll ~~~~ r"-'_l -iJb ~O <::Jf.L ~ ."i<.-) SO /~=8 ""'0 70 Pc ~ Orn Z 0 ~ :< <Xl -< ~ - -~ ANGELA J. DANNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW GREGORY A. DANNER, Defendant NO. 00-3259 CIVIL TERM IN DIVORCE To: Gregory A. Danner NOTICE If you wish to deny any of the statements set forth in this 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 SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on March 11, 2000 and have continued to live apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. r 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 that statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaC.S. ~4904 relating to unsworn falsification to authorities. Date: 3-j-oY ~)i.~~."') ANG J. NER danner\forms\aftidavit "~~~ "''''~1''''"~'~';''''*-~~~~'''M-:1%,,'iH';~~i'''~'' '~Uii[l~fJt_I' "',. ........~' m~:n~."'~ ,~ '1_-," C) c a~;~~ 7-;-~-" (J")\> -<~. r::L-; ~(~, S:;:~:i ;Z; =2 ~-'':'" 1.11" ~i "" = = ..r- ~ -U ::v o .,., -I Xli nlp -om :09 Or', ----1__) e=R ::2'0 f..o:::;rn ~ :~ .::0 -< r" v --". ~ "'" o ()1 ,I ~.L ANGELA J. DANNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW GREGORY A. DANNER, Defendant NO. 00-3259 CIVIL TERM IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF 53301(d) DIVORCE DECREE TO: GREGORY A. DANNER Angela J. Danner intends to file with the Court the attached Praecipe to Transmit Record on or after June 17, 2004 requesting that a final decree in divorce be entered. YOFFE & YOFFE, P.C. Date: May 27, 2004 BY~~~, ESQUIRE Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 dfjJ; ~- /r~iliiWl"-'-'~:lfl:Y' -ill;iIW&-.:@t.ti~MIli\lM""""-' ~ ._tal --, - ~" .< -,' "-j~,1lI _L . ...~~ -~~1 I 0 ~ ~ r;:; = i~ .c- '- X." c:: r- N1r= I ~.~ 0) ---':'C" ;eo :C=H .7.":...~; ::!i: 0-- )...,.~ S> Z~ ,-- S1 z ::<. w >- :n -< . """'"'-~ l' ANGELA J. DANNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 - 3259 CIVIL GREGORY A. DANNER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this otgf7<.- day of -J~ settlement agreement was 2004, it appearing that a marital previously filed of record and there is no issue with respect to grounds for divorce, on relation of counsel for the Plaintiff that the services of the Divorce Master are no longer needed, the appointment of the Master is vacated. BY THE COURT, G cc: Jeffrey N. Yaffe Attorney for Plaintiff >~~X/:r Austin F. Grogan Attorney for Defendant --. "'~- i" I'~ '" "~ - ,__w_< ~, '-". " ,~~"""'ill- -,,,,,,,,,. '--~'~;". _, '--i..'__,- .' ,'~ ,. '''~",,'''' ',-,-,. . FiLED-Oi:j:lCE OF THE PPOTHONDT, "r;:;,y znr,!, )'1 f',i "r, 1,.' . . ;~'i" ~~. 0 -r)I~jl ,'). ! 0 t t- t... .-; CUi\/:~:,' .c ?_, m~nl!f,l1!'!f ,_.o].:i;r,'~I>~:,.'mf(ffi<;;\!I-l@~)-PAt"'!'!lIl'll~~~_~""""IIj;P~.---J!~JIlI" ~- " -' ,~ . ~- . ~L' 6(22(20045:12 PM FROM: (717)97-5-1912 Yoffe and Yoffe, P.C. TO: 240-7890 PAG!!:: 001 OF 001 LAW OFFICES YOFFE &YOFFE, P.C. 214 Senate Avenue * Suite 203 Camp Hili, Pennsylvania 17011 NORMAN M. YOFFE JEFFREY N. YOFFE Telephone (717) 975-1838 Fax (717) 975-1912 DATE: June 22,2004 TO: Traci Colyer ATTN: FAX NUMBER: 240-7890 FROM: Jeffrey N. Yoffe, Esq. NO. OF PAGES: (1) Including this one RE: Danner v Danner: 00-3259 We discussed this case earlier this morning. When I motioned the Court for appointment of a Divorce Master I was unaware there was a marital settlement agreement flied of record. I am requesting the Court issue an Order vacating the appointment of the Divorce Master. The reason is that a Divorce Master is no longer needed due to the marital settlement agreement being filed of record. Furthermore, my client filed a 3301(d) affidavit to which no reply has been filed. I am ready to file the praecipe to transmit the record to complete the divorce, however, the Prothonotary will not accept the praecipe until an Order is issued vacating the appointment of the Master. It is my understanding that based upon this fax your office will do the Order vacating the a[llpointment of the Master and process the same. Please let me know if I am operating under any misunderstandings. Thank you. Sincerely, YOFFE & YOFFE, P.C. ~o/I~ By Jeffrey N. Yoffe danner\fax3 . " ~ . . ANGELA J. DANNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VB. CIVIL ACTION - LAW NO. 00-3259 CIVIL 19 GREGORY A. DANNER IN DIVORCE Defendant STATUS SHEET DATE: ACTIVITIES: 'k ,,~" ~ ~ " 1",- ~-, .C.. ",- ; ~,'. <I JI ANGELA J. DANNER, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 3259 CIVIL GREGORY A. DANNER, Defendant IN DIVORCE TO: Jeffrey N. Yoffe , Attorney for Plaintiff Austin F. Grogan , Attorney for Defendant DATE: Thursday, January 15, 2004 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. "~" - -, ,.-. <' -"" ~-; ;:,_,d '" (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. -;r-. ~ , Angela J. Danner Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Gregory A. Danner Defendant : NO. 00-3259 Civil Term MOTION FOR APPOINTMENT OF MASTER IX Plaintiff 0 Defendant, moves the court to appoint a master with respect to the following claims: QI. Divorce IX Distribution of Property o Annulment 0 Support o Alimony 0 Counsel Fees o Alimony Pendente Ute 0 Costs and Expenses and in support of the motion states: 1. Discovery IX isO is not complete as to the claim(s) for which the appointment of master is requested. 2, The non-moving partyCX has 0 has not appeared in the action 0 personally Dbycounsel, Austin F. Grogan, Esquire 3. The statutory ground(s) for divorceD islXare 330l(c) and 3301 (d) 4. Delete the inapplicable paragraph(s): (c) The action is contested with respect to the following claims: Defendant claims plaintiff owes him money for furniture. Plaintiff olaims she paid the money. 5. The action 0 involves 1m does not involve complex issues of law or fact. 6. The hearing is expected to take 3 (hours) 7. Additional infonnation, if any, relevant to the motion: (days). Dale: fz"f2J.f(ZOo J Name: Jeffrey N. Yoffe, Attorney forlX Plaintiff ~~~n~an~ 2/~;I:; ~~ t'? -Lt.. - ESq~YI ANDNOW,,~~r ,20~, . Esquire, is appointed master with respect to the following claims: MOVING PARTY J. NAME: Angela J. ,Canner Jeffrey N. Yoff9, Esq. for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 11011 717-975-1838 jyoffe@verizon.net PARTYS ADDRESS AND TELEPHONE NUMBER IF NOT REPRESENTED BY COUNSEL: ~E: Gregory A. Danner Austin F. Grogan, Esq. for Defendant 24 N. 32nd Street Camp Hill, PA 17011 717-737-0464 austin@ooyneandooyne.oom PARTY'S ADDRESS AND TELEPHONE NUMBER IF NOT REPRESENTED BY COUNSEL: I I,loo~ (, ,. ~,. , ~ ~,- "..')~' . . r'~- HlFl'-O\:FiCE OF 1HE PFiOTHONOTARY 2U\l3 OEe 29 PH 3: 35 ,. :1'""-':,, ,', ,-",~ ~\tr\t CU\V1t,;:r-d--' 1,,/,.;'..11-11 I F'ENNSYLVpt,.!.U\ , ,~ I~r"- ""~~,*~ll1~_!ii:!~,\,,g1tf'Wi'i~~;;:~~~lI!'!I , ,~ ~"""1. ~~--~.$i , .'\ .i ~ ".. ANGELA J. DANNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW GREGORY A. DANNER, Defendant NO. 00-3259 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the attached motion for appointment of master on Austin F. Grogan, Esq. Service was accomplished by mailing the same to him at the following address: Austin F. Grogan, Esq. 24 North 32nd Street Camp Hill, PA 17011 YOFFE & YOFFE, P.C. Date: December 24, 2003 ffre N. YOf e, Esquire Attorney for Angela J. Danner 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney 10 No. 52933 -'"'-'~~l\iIBlld~~I~iMl<lI~ji:;~~''''d.!.>j;;M;kt''dl'''N''-';_-II"'ll00&srd'''''''"';;;.t;;;l~?i:iiili:;I'*l,t!!lI,ihdlIiiIiIi!II~1llktJJl;;~-$-.M.r'~i8~!~mlI:iW1~.L~M'-" ~ 'B c;;J rp, I" .s; '2 -? 40:t, rfH\'. '..-...., , ~~, 2!:12:> 'YC: 3 :~~i ~ f, , ~ v ....n -<:l 5 ::;\ . 4'" ff\r::: -C~ -DY 00 ...=14" 4::.--}'. "Q.<-~ ~J\1\ "'" -t? ''-'" ::.":;: r:? f'J c:J' . - ~ - : 4,,; COYNE & COYNE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW Henry F. Coyne Lisa Marie Coyne Austin F. Grogan 3901 Market Street Camp Hill, Peunsylvania 170114227 717-737-0464 Fax: 717-737-5161 February 2, 2004 E. Robert Elicker, II, Divorce Master Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 Re: Danner Dear Mr. Elicker: Enclosed is the certification in the Danner matter. I believe Mrs. Danner's request in incorrect. The parties, with prior counsel, executed a marriage settlement agreement, which was filed with the court. I do not believe you have the power to open or set aside the settlement agreement. I believe the correct procedure is for Mrs. Danner file a Motion to enforce the agreement. If you have any questions please contact me at your convenience. Sincerely yours COYNE & COYNE, P.C. Cf: Client JeffreyN. Yoffe Yoffe and Yoffe, P.C. 214 Senate Plaza Camp Hill, PA17011 ,I :1 , "," '., ""j ANGELA J. DANNER, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY A. DANNER, Defendant IN DIVORCE lft! ii/ii JAN 20 n.. I i l L.U(J//. ~...-.,,- "-~"~-'." vs. NO. 00 - 3259 CIVIL TO: Jeffrey N. Yoffe , Attorney for Plaintiff Austin F. Grogan , Attorney for Defendant DATE: Thursday, January 15, 2004 CERTIFICATION ~certifY that discovery is complete for which the Master has been appointed. as to the claims 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. - ',~ . , _:r,- -,~ -'-' '"- (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. ,).:;t"o f DATE ( ) ( J...-V' 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. ,',-..:.;- 1- ~..1J;' ,'.., 'c _ on' k; ~, " ANGELA J. DANNER, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 3259 CIVIL GREGORY A. DANNER, Defendant IN DIVORCE TO: Jeffrey N. Yoffe , Attorney for Plaintiff Austin F. Grogan , Attorney for Defendant DATE: Thursday, January 15, 2004 CERTIFICATION f/Ofl'1 f/a.l/J1/ff 15 (JfJrSfeCf)ve I certify thatfidiscovery 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. ~<~- - ",". '-,-,;-~ '"".-- ~ , ~ ,r,,-,- ~'.. , (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. I Wb DATE Yoffi i YOf-kf (L Ry J e f/'O' COUNSEL FOR PLAI IF 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. m.:_. LAW OFFICES YOFFE & YOFFE, P.C. 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 NORMAN M. YaFFE JEFFREY N. YaFFE Telephone (717) 975-1838 Fax (717) 975-1912 January 29, 2004 Robert E. Elicker, II, Esq. 9 North Hanover Street Carlisle, PA 17013 Re: Danner v Danner; 00-3259 Civil Term Dear Mr. Elicker: Enclosed please find Plaintiff's discovery certification. Sincerely, YOFFE & YOFFE, P.C. ~ Yoffe cc: Austin F. Grogan, Esq. austin@coyneandcoyne.com Enclosures danner\letter2 'I -.' ,,j ~ ' "~ ,", -,'..,- -, ~, "' -, "! . , ANGELA J. DANNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs{~ CIVIL ACTION -LAW GREGORY A. DANNER, Defendant NO. 00-3259 CIVIL TERM IN DIVORCE INCOME AND EXPENSE STATEMENT OF PLAINTIFF Plaintiff verifies that the statements made in this income and expense statement are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 P..C.S. ~4904 relating to unsworn falsification to authorities. ) ~ (~)d) . lJtVJtf)fIA ANGE J. DA ER ) INCOME Employer: Unemployed Address: Type of Work: Payroll Number: Pay Period (weekly, biweekly, etc.): Week Month Year Gross Pay per Pay Period: Itemized payroll Deductions: Federal Withholding Retirement. Social Security Medicare State Income Tax Local Wage Tax Bonds Child Support/Spousal Support Medical Insurance Other Other Net Pay per Pay Period Other Income: Week Month Year Interest N/a Dividends N/a Pension N/a Annuity N/a Social Security N/a Rents N/a Royalties N/a Expense Account N/a Gifts N/a Unemployment Compo N/a Workmen's Compo N/a N/a Total of other income ,,.- ,:.,,~~I ,~ , .l~ INCOME AND EXPENSE STATEMENT ,,,,- EXPENSES Weekly Monthly Yearly I Home 750.00 Mortgage Maintenance I Utilities Electric 75.00 Gas Oil Telephone 45.00 Cell Phone 50.00 Water Sewer I Employment Public Transportation Lunch I Taxes Real estate Personal property Income I Insurance Homeowners Automobiles Car #1 (Volkswagen Jetta) 400.00 Car #2 (1988 Pontiac) 200.00 Life Accident Health Other I Automobile Payments 250.00 (every 3 Car #1 months) Car #2 Fuel 80.00 Repairs/Maintenance 25.00 I Medical Doctor 100.00 Dentist Orthodontist Hospital Medicine Special needs (glasses, braces, orthopedic devices) '-. >'-'.-.iiil:0i .' - ,__ I I Education Private school Parochial school College Religious I Personal Clothing Food/Groceries Barber/hairdresser Credit payments Credit card Credit Card #1 Credit Card #2 Charge account Memberships 80.00 400.00 I Loans Credit Union I Miscellaneous Household help Child care Papers/books/magazi nes Entertainment Pay TV Vacation Gifts Legal fees Charitable Contributions Other child support Alimony payments Other 300.00 200.00 50.00 Total Expenses " < '= PROPERTY OWNED Checking accounts Account #1 Account #2 Savings accounts Credit Union Slocks/bonds Real estate Retirement Account Other Descri p- tion Value 500.00 Ownership Husband Wife Joint 1000.00 Total 1500.00 .............-- ,-,;;' "'-\,j - ":1 INSURANCE Coverage Company Policy No. Husband Wife Child Hospital Blue Cross Other Medical Blue Shield Other Health/Accident Disability Income Dental Other SUPPLEMENTAL INCOME STATEMENT A. This form is to be filled out by any of the following people: 1) one who operates a business or practices a profession, or 2) one who is a member of a partnership or joint venture, or 3) one who is a shareholder in and is salaried by a closed corporation or similar entity. B. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: 1) the most recent Federal Income Tax Return, and 2) the most recent Profit and Loss Statement. C. Name of business: Address and Telephone Number: D. Nature of Business 1. Partnership, 2. Joint Venture, 3. Profession, 4. Closed Corporation, or 5. Other E. Name of accountant, controller or other person in charge of financial records: F. Annual income from business: 1. How often is income received? 2. Gross income per pay period: 3. Net income per pay period: 4. Specified deductions, if any: ,L,;,_ "--~~ - ., ~~ 0' , " '. ,--",,-, ~ HEALTH INSURANCE COVERAGE INFORMATION Indicate below the name and social security number of any dependents for whom you provide insurance coverage. Indicate each type of insurance you provide. FuJI name and SS# Hospitalization Medical Dental Pre Eye scription Other Provide the following information for all types of insurance you maintain, whether or not any of the above-named dependents are covered at this time: Insurance company (provider): Group #: Plan#: Policy # Effective coverage date: Type of Coverage: Cost of coverage for dependents: Insurance company (provider): Group #: Plan#: Policy #: Effective coverage date: Type of Coverage: Cost of coverage for dependents: Insurance company (provider): Group #: Plan#: Policy #: Effective coverage date: Type of Coverage: Cost of coverage for dependents: If the above-named dependents are not currently covered by insurance, please state the earliest date coverage could be provided: . j . ,,-, ANGELA J. DANNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW GREGORY A. DANNER, Defendant NO. 00-3259 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the attached income and expense statement on Austin F. Grogan, Esq. Service was accomplished by mailing the same to him at the following address: Austin F. Grogan, Esq. 24 North 32nd Street Camp Hill, PA 17011 YOFFE & YOFFE, P.C. Date: December 24, 2003 f rey N. Yo fe, Esquire ttorney for Angela J. Danner 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 ~~I!iI~W/!,~~I~~~",!,';;":~'ff"-'.!lf";;'''*lJ'''''.H",.~c5M!iJ~!~~MlliW)~~~iillIllB~~ .'''.1iiIIiIm' ~ ~"'-"-'1Ilil - (") "'" 0 = C = -n ~ '-" "1:) 0 --1 T rr ,nj"j fT1 rn~ <. --~:,l r.> 4': .- N -on"l (0 ::00 . u;) S6 r;:: , -r-,. ~. -1) 221 ('1 -,.... s:~ .".' Q,-n C 1'-) ---! Z ~~ =< [',.) ~, U"i -c ~ , '.[, '" j,:-, ,-'-", ',;.,,'. ( " ANGELA J. DANNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW GREGORY A. DANNER, Defendant NO. 00-3259 CIVIL TERM IN DIVORCE INVENTORY OF WIFE Plaintiff files the following 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. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 P. .C.S. ~4904 relating to unsworn falsification to authorities. wra)~. ~f.)~ ANGE J. D NER "":':"- - "-"-":-e:: , 'I .. ~ ,-~ ',~ .~ ( ANGELA J. DANNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW GREGORY A. DANNER, Defendant NO. 00-3259 CIVIL TERM IN DIVORCE ASSETS OF BOTH PARTIES Plaintiff marks on the list below those items applicable to the above captioned case and itemizes the assets on the following pages. ( ) 1. Real property (x) 2. Motor vehicles - Motor vehicles which were marital property have already been divided by the parties. 3. Stocks, bonds, securities and options 4. Certificates of deposit (xl 5. Checking accounts, cash - Cash which was marital property has already been divided by the parties. (x) 6. Savings accounts, money market and savings certificates Savings accounts which were marital property have already been divided by the parties. 7. Contents of safe deposit boxes 8. Trusts (x) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) - Life insurance which was marital property has already been divided by the parties. 10. Annuities 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions, royalties 14. Personal property outside the home ,d- . J",' ,. ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits--severance pay, worker's compensation claim/award (x) 17. Profit sharing plans - Plans (including retirement plans) which were marital property have already been divided by the parties. ( ) 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 20. Disability payments 21. Litigation claims (matured and unmatured) 22. Military/V.A. benefits 23. Education benefits 24. Debts due, including loans, mortgages held (x) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description of Names of All Number Property Owners 1 605 Ridge Road Dillsburg, Pa 17019 Greg and Angela Danner 2 One acre adjoining property Greg and Angela Danner 3 4 . ." ~ ~>^ NON-MARITAL PROPERTY Plaintiff equitable property: lists all interest property which is in which claimed to a be spouse has excluded a legal or from marital Item Description of Reason for Number Property Exclusion 1 2 3 4 PROPERTY TRANSFERRED Item Description Date of Person to Whom Number of Property Transfer Consideration Transferred 1 2 3 4 LIABILITIES Item Description Names of Names of Number of Property All Creditors All Debtors 1 2 3 4 , -'-'~ c ~' , ' , , ANGELA J. DANNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW GREGORY A. DANNER, Defendant NO. 00-3259 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE The undersigned certifies that on the date indicated below he served the attached inventory on Austin F. Grogan, Esq. Service was accomplished by mailing the same to him at the following address: Austin F. Grogan, Esq. 24 North 32nd Street Camp Hill, PA 17011 YOFFE & YOFFE, P.C. Date: December 24, 2003 f , Esquire Attorney for Angela J. Danner 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 52933 . ~ -&IiIIiiilI'HI!lJi ' -"'~~- ~~:!Mtdlii!!i'lill"- <-.....~~'"j'''.l<~\1.Mm~~I'iIiiibtfl~~.~.i~"tl"~rl''''''' _ 41., - o c- ~tf~ L~)l" . ~;~ ~ , ' ~.'\~ '" ~ ~-~..._..- ~ ~ "'" ..., C r"-i " !'-} u:> -,- , -v o ..." .-1 or: -T1 r-np -Om 6~ ~-9i 6-;9 ~"''?- I.. ) -:~rn ~ ?~ ::t ~. r:Y N (.1\ "