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Home My WebLink About00-04330 I , TRACIE OSBORN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, v, : NO: 2000-4330 : CIVIL ACTION - LAW JOHN OSBORN, II, : IN DIVORCE Defendant. PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: TRANSMIT the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c), 3301(d) ofthe Divorce Code. (Strike out inapplicable section.) 2, Date and manner of service ofthe Complaint: July I, 2000, by certified mail, restricted delivery, return receipt requested. 3. (Complete either paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: 08/25/02 By Defendant: 08/12/02 (b) (I) Date of Execution of the Plaintiff's Affidavit required Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit unto the Defendant: 4. Related claims pending: None -----' 5. Indicate date and manner of servic Transmit the Record, and attach a copy ai Divorce Code: ~ 'ehantwagner, Esq. Attorney for Plaintiff ~ "j"'fi"""I1i'df'iil"1 "~I."(il"'I'lf{lij'ilJ'fl'r"lrTl"'" "I iI"lli.. "tj::,'-'J':-l( ~\;~t;.:;'~ "':"'t ;"-"'1'T'"~''' '~'J": "'~'rY'r~'~~-&~'~~'lf1" '~~'ll':"."'~.fli;h~,y'rti"';'-'vjT'[;f'":h,};t'f~'.,,";'-"{ t;'.;).:1' tJ./ <1'.;).3 .o~ IT" avI-e~ ~h41J~ ~ Fi~~({)/ z::, ~. ., ,,',"', ,. .. ""',". .' ..-.,' ,<-. ,,', ~:'~~, ~ '"":,,, 1"'_" ',',r. ",""',,"'""'~ " "''\1'''' "", ' -", ~.'~ ",,, . m,~,'".-.~~'.:l_r-/," ".~" ,,"',".'.P".'_ """ '''-''.'_'.1,'.::'," i,i;;"j)"""""",~~lIilii.TiIi[r----ti~~~~~"'. ~1'1 '-"".'~IiI~';"'l> ,,' _l!l ,-.'" ,",,'0'" " 0 0 p C r" ? 11 ""OUr U) ::;:i EPITi r'I1 :1.;> "'t) rn~ zs:, I en ' L'7 iT'; -r--;-'- ow ::,0 r"- nc <f:7 ." ~ -) )> '",,.. 2:Cl :::rc (3 :tJ )>0 ':':? 7(') C om :z s;! :;J "'- .j::'" ::0 , -< , ;."",1,: v. . NO. 00 - "IJJO C'i 0; ( Iffi-i[ i! ., 'I !I II II , Ii il " 11 11 H TRACIE OSBORN , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL ACTION - LAW JOHN OSBORN, II, IN DIVORCE Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS iJ li Ii Ii YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for another claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF you DO NOT FILE A CLAIM FOR ALIMONY, 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 LffiERTY AVENUE Carlisle, PA 17013 (717) 249-3166 I: ~ <',' TRACIE OSBORN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYL VANIA , Plaintiff, :NO:. fJ-O- 4330 ~ I..<AA- v. : CIVIL ACTION - LAW JOHN OSBORN, II, : IN DIVORCE , DefendanL COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Tracie Osborn, by and through her attorneys, Mancke, Wagner, Hershey & Tully, and files the following Complaint in Divorce: 1. The Plaintiff, Tracie Osborn, is an adult individual currently residing at 6 Nelson Drive, Carlisle, Cumberland County, Pennsylvania. 2, The Defendant, John Osborn, II, is an adult individual currently residing at 6 Nelson Drive, Carlisle, Cumberland County, Pennsylvania. 3, Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint 4, Plaintiff and Defendant are husband and wife having been married on September 26, 1987, in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6, Neither Plaintiff nor Defendant are members of the Armed Forces of the United States or any of its Allies, 7, Plaintiff has been advised of the availability of counseling and that she has the right to request the Court to require both parties to participate in counseling, 8, Plaintiff believes and therefore avers as grounds on which this action is based are: A That the marriage is irretrievably broken; and R That as of December 15, 2001, the parties will have lived separate and apart for a period of at least two (2) continuous years. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce. -2- - - I : --,_.-, COUNT I EOUlTABLE DISTRIBUTION 9. Paragraphs 1 through 8 above are incorporated herein by reference and made a part hereof. 10, During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 401 of the Divorce Code of 1980, COUNT II ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 11, Paragraphs 1 through 10 above are incorporated herein by reference and made a part hereof. 12, By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs, 13, The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action, -3- - ~......... , J' 14, The Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the cost of this litigation, 15. The Defendant has adequate earnings to provide support for the Plaintiff and to pay her counsel fees, costs and expenses, COUNT III ALIMONY 16. Paragraphs 1 through 15 above are incorporated herein by reference and made a part hereof 17, Plaintiff lacks sufficient property to provide for her reasonable needs, 18. Plaintiff is unable to sufficiently support herself through appropriate employment. 19. Defendant has sufficient income and assets to provide continuing support for the Plaintiff, COUNT IV CUSTODY 20. Paragraphs 1 through 19 above are incorporated herein by reference and made a part hereof -4- "',,: 21. Plaintiff and Defendant are the natural parents of three (3) children, Adam, Owen and Geena born unto the marriage, 22, The children have resided with the Plaintiff and Defendant at 6 Nelson Drive, Carlisle, Cumberland County, Pennsylvania, for at least the past five (5) years. 23, Plaintiff is not aware of any other person claiming custody or partial custody rights of the children, 24, The children were born during wedlock 25, Plaintiff is the natural mother of the aforementioned children; Defendant is the natural of the aforementioned children, 26, Plaintiff believes and therefore avers that it is in the best interest of the children to grant joint legal custody of the children unto the parties, with primary physical custody unto the Plaintiff, subject to periods of partial custody with the Defendant. WHEREFORE, Plaintiff prays this Court: A Enter a Decree in Divorce; B. Compel the Defendant to pay alimony pendente lite to the Plaintiff; -5- I C. Compel the Defendant to pay alimony unto the Plaintiff; D, Equitably distribute all property, both real and personal, owned by the parties; K Compel the Defendant to pay the Plaintiff's counsel fees, costs and expenses and the costs and expenses of this action; F. Grant Plaintiff's request for joint legal custody and primary physical custody of the children, with periods of partial custody unto the Defendant; and G. Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Mancke, Wagner, Hershey & Tully agner, Esquire Date: t,/'6/tJO I f -6- It - I; . ~a" 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 falsification to authorities. ~r\.O' en ~< D:,~ DATE: b~I"ZOOD - ~.. ! TRACIE OSBORN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO. 2000-4330 CIVIL ACTION - LAW JOHN OSBORN, II, IN DIVORCE Defendant. CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER & TULLY, do hereby certify that on this date a copy of the COMPLAINT IN DIVORCE was served upon the following person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States mail, Harrisburg, Pennsylvania, certified, restricted delivery, return receipt requested, and addressed as follows: Mr. John Osborn, II 6 Nelson Drive Carlisle, PA 17013 By iltu- '1(.<Jp~ Debra K. Spinnet, Secretary MANCKE, WAGNER & TULLY 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Plaintiff DATE: 06/26/00 - ... . ""- Z 318 810 '(30 . US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. "' '" '" Q() not use for International Mail (See revetse) ~ntto Mr.John Osbornill'. II Street & Number 6 Nelson Drive Post Office, State, & ZIP Gode Carlisle PA 17013 Postage $ .55 Certified Fee 1.35 Special Delivery Fee Restricted Delivery Fee 2.75 Return Receipt Showing to Whom & Date Delivered Retum ReceiplShowing to Whom, Dale, & Addressee's Address 1.10 TOTAL Postage &' Fees $ 5.75 Postmark or Date 6/29/00 ~ o o <Xl l') E tr II) a. . :Cti~ete'items'1, 2.-~nd 3. Afs'o'cd'n,piete'" item 4 if Restricted Delivery is desired. . Print YQur name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article 'Addressed to: , John Osborn", II 6 Nelson Drive Carlisle, FA 17013 T 3. Service Type XJ Certified Mail 0 Express Mail o Registered 0 Return Receipt for MerchandIse CJ Insured Mall CJ C.D,D. 4. Restricted Delivery? (Extra Fee) IX Yes 2. Article Number (Copy from service labef) " "Z '41E\"E\).Q'PQ, I j t t I l-j -: :.t L ~ 1 ! 1 [ : D0mest.\c Return Receipt ~1789 ~', " ; ;, ,;", j ..,; ,_ - i i .i, -I ,; ; i .: ~ i PS F",m 3811, July 1999 ;1 \\ ,i,'.\;; "\,\'H' '" 0, !......;.";.......,, . ,,""'m. ~. , "..- "_iI!lll.~~~~iliilill1Mf:t;;'Wl:-';"!lWi.llL~L' Uilt r -_;j;''':'i~rl~'~'U''"':''-'il...;''- ",:~~~ ',,, . . _'._ ~.~u,,~_~~ 4< _~~ ,.. ~'~j.i.; ,- "" ~ '~l~ '-o'ol:.l ';.'_h' - J#- -'- , ...... 0 Cl 0 C N -n s:: en :'C - -00::' f11 ~~f.} -rJ i'n:D r- ZC , -n? ClJL: (..) ;"_(J -<L ':::~C} ~c! -0 ~";5=H ,.):>.--. :x Z>-l :;:...,.0 >'- r:? om c:: -; Z .. ~ -; -< &" I, 'I, "'"'- TRACIE OSBORN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO, 00-4330 CIVIL TERM CIVIL ACTION - LAW JOHN OSBORN, II, IN DIVORCE Defendant. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 26, 2000. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint, 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree, 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904, relating to unsworn falsification to authorities, DATE: ~'2/~"'\lV f t II<> ~-tT~ ~""'''~<"'-~-'lmitll.it'''''''j'l'. '~-8!lLI:fu:.@DiI:~~ f---~-' , ~.....'"""-- fjIj ~ ~ 2 0 0 N 'n <'" rn ~:-:! -~ '"O('IJ J"f'l ,i~p t:9~ -0 -....... I -';'JCU ZS; (J) ;' c...' ~3t: ~c; -0 _:;J,; '.'-:I1 ~o :::s:: g(") -0 ~ '.-m );>c S Z ;::- ~ ::;! .;::- -< 'J TRACIE OSBORN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. NO, 00-4330 CIVIL TERM CIVIL ACTION - LAW JOHN OSBORN, II, IN DIVORCE Defendant, WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3, divorce decree decree will be prothonotary, I understand that I will not be divorced until a is entered by the Court and that a copy of the sent to me immediately after it is filed with the I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, s4904 relating to unsworn falsification to authorities, DATE: ~......../ "Z<lOV I ( "'-"i :~-;j_........ M_~~_li'Ul....Ild:Iil.'lM\JfJ~l!B!v.~4'!ftf;!"..,w.~~iIi*l.:r" ~"-~',;;:,<'.-'-'~ ""- '.".' _O~ ~.~.~. .""~""",.,,l " ,,]I~ . '" '" ,,- -~,~ M ~_ -, . I.L~ .. "" '-. ~ () <::> 0 c: N --0 s:: en --{ -oc.r; ;""1 ~~~ :r~ I:p f11 -V _:L I u,..m 2(". )Jcj U)",!?; w ~-f; '~')f~ ;.-1, ..._C... ." "',-r"i ~8 ::ll: 5::!J 20 -c ~ 6fTI >c -I ~ c:- 55 G" "< ,. , ~ - , '-" -"I TRACIE OSBORN, plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-4330 CIVIL TERM CIVIL ACTION - LAW JOHN OSBORN, I I , IN DIVORCE Defendant. AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 26, 2000. 2. The marriage of plaintiff and Defendant is irretrievably broKen and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, Section 4904, relating to unsworn falsification to authorities. ~~o~ TraCle Osborn DATE: -.a\ <1-~\ 0 'rl. : !:""",,,,,,,,,.~~-~ ~ 1I'~""'''~.=l~~I!BJI~dll ! ~lJ!;mll&1'n'~'~ ,-;., ~liIW.iliidfl.lt.iillj_' ,~ iirIii ^ I, ~-~ '--I . ~~~_~~ ,J~"-' ~'.'lli '''. 0 0 0 C "" -n ;;:: </> '-, -UOJ rI'1 T.- _~~ mrT'j -0 :.-\-;~' Z.::r.i I --;"lrTl Z'_.. i:'i~r? cp;;S w ~O -=-~C-' .." ~5:'~ >("'J ::x ~~ N "ZCJ Om ., -, Z I'" ~ =< C' - - TRACIE OSBORN, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 00-4330 CIVIL TERM CIVIL ACTION - LAW JOHN OSBORN, II, IN DIVORCE Defendant. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3, divorce decree decree will be prothonotary. I understand that I will not be divorced until a is entered by the Court and that a copy of the sent to me immediately after it is filed with the I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. s4904 relating to unsworn falsification to authorities. -!}~ Ch~ Tracie Osborn DATE: B \'d.'~)) OJ- !r-; .--..", '~- ,'", ~~~'~~~~."Iiiai 2. -j~rlllll~~'il:iI.!ilj;'o~r~" <~""Uj:~~~.. -,;- , d~~ iii ~ Lit - .' , ~ , (') 0 () c. ,,, -n s: V> -0 Q:J C'1 mn-: -0 '-TJ2? z::r:: I 6;i (..., =<~, ':..--ib ,<0 --0 ~~ >0 :J' 6(j ~ )>c. ~ z: ,,- =< .r. ;Q ._- , -",,I , . TRACIE OSBORN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO: 00-4330 : CIVIL ACTION - LAW JOHN OSBORN, II, : IN DIVORCE Defendant ORDER AND NOW, this \'1 '\ ~ day of ,Du t ~Lt" l ,2000, upon Petition for Sanctions, a hearing is set for the p ~ day of :r~~ ' 20~, at !; 3D o'clock -t-,m, in Courtroom No, ! of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, for Defendant to show cause why, if any, he should not be sanctioned, or, in the alternative, to show cause why, if any, an accounting of business income and expenses should not be granted, and further, why Defendant should not be directed to pay the mortgage and second mortgage on the property BY THE COURT: rl/Jv; C1 tdflW -/1;~J I J.-~O -0 () Rks A)~ , ,,- ""I~"'S"'_ ,'~',<-~ """'," ~"" -'--'''~'~'~' ',H~"'~'_;=~ -., - .., . ~ ~,."",~,,, ~,,",--< '. OODfr; 20 ^\,ul,""'O l'li . ,J CUM.8~HLAi\D COUNTY PcNNS'fll/'~NIA m !I!M~~l!i!MI, "~~-itfl9I~H'f!~;51~1!l1'll~~"~~J,';""",~lf'!t"ttJ~N.r"""-'WJ!rni~~!llll\1Wm:~~",,,",~, ,Ill ~, I, ,I ~i"'''.~-:i , , . TRACIE OSBORN, . IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, v, . NO. 00-4330 . CIVIL ACTION - LAW JOHN OSBORN, II, . IN DIVORCE Defendant. PETITION FOR SANCTIONS AND NOW, comes the Petitioner, Tracie Osborn, by and through her attorneys, Mancke, Wagner, Hershey & Tully, and files the following Petition for Sanctions: 1. Your Petitioner, Tracie Osborn, is the Plaintiff in the above-captioned divorce actioR 2. The Respondent, John Osborn, II, is the Defendant in the above-captioned divorce action. 3, On or about October 12,2000, a Notice of Oral Deposition was served upon the Respondent through his attorney setting a deposition for October 25,2000, at 9:00 a,m, IJ.U; . 4, The purpose of the deposition was to inquire into a marital business operated by the Respondent, which business is alleged to have been sold. 5, The sale by the Respondent is according to certain tenns and conditions that provide monies to be paid by the buyer unto the Respondent herein for periodso of time and in certain amounts unknown to the Petitioner, 6. Because of a need to discover this infonnation as part of the overall divorce proceeding, Petitioner filed the above-referenced Notice of Deposition. 7, Immediately prior to the date selected, counsel for the Respondent indicated that they would not show up for the deposition because counsel was unprepared and that there seemed to be little point in having a deposition, 8. Petitioner believes and therefore avers that the Respondent is receiving money from the sale of the business, disbursing and/or expending that money without any accounting and without any infonnation being supplied to the Petitioner which is critical for the pending divorce action. 9. Petitioner requests this Court to impose sanctions upon the Respondent herein, or, in the alternative, establish a hearing in Court to direct that the -2- I' i ~o."", .. Respondentprovide an accounting of all monies received and expenditures made as a result of the sale of the business, 10, In addition, the Respondent who had been previously paying the mortgage and second mortgage on the property has stopped paying the same despite receiving the income from the sale of the business, 11. Petitioner prays this Court to direct the Respondent to continue to make those payments, WHEREFORE, Petitioner prays this Court to grant the relief as requested. Respectfully submitted, hey & Tully char agner, Esquire L 3103 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 Attorneys for Petitioner -3- ,..., ' 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 falsification to authorities. y ~-'l'r.~ r;/c~J::>~ \\ \d ~cr DATE: , ~ " 'r."'" ,-' ,I- Il..l_' ~ TRACIE OSBORN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JOHN OSBORN, II, Defendant NO. 00-4330 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of February, 2001, upon consideration of the attached letter from P. Richard Wagner, Esq., attorney for Plaintiff, the hearing previously scheduled for February 12,2001, is continued generally. Counsel are directed to notify the court if they desire a hearing in this matter. BY THE COURT, y ~\ ~ << ~~~()c, l) (),,~ P. Richard Wagner, Esq. 2233 North Front Street Harrisburg, P A 1711 0 Attorney for Plaintiff Harold S. Irwin, III, Esq. 35 East High Street Suites 201-202 Carlisle, PA 17013 Attorney for Defendant :rc - \'\\ ~~ \'.-'":; ') \ h.'.'..' t... " , " ,.. r /. :~ ~; . ., .",:",\\\nr I ,.., r-' "" ''. ~, "\ '; I , ,\) I ~ i \ ,-,\ \\ \-;"-1.",' "~ '~\~, \,' '-""' VJ.~;\,,~\.-'~~, .'.-' ,fl.\!".,\r, . PENNS''\ L'Ji'-\\'-~lh - ~_'~?l~~J"L"';;r,,,,,j~!t~""hf_ii5lm'i'~,,~ ,_~.~Q~&I4>" ~ , ~., . ~...C LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY JOHN B. MANCKE P. RICHARD WAGNER DAVID E. HERSHEY WILLIAM T. TULLY 2233 NORTH FRONT STREET HARRISBURG, PA 17110 AREA CODE 717 234-7051 February 14, 2001 The Honorable J. Wesley 01er Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Re: Osborn v. Osborn No: 00-4330 Dear Judge Oler: This letter will serve to confmn the telephone call I made on Monday, February 12, 2001, regarding the above. Because the Respondent has agreed to be deposed, and also to provide the relief otherwise requested in the Petition, the matter can be generally continued. It is my opinion that ultimately we will be able to cancel this matter as I think this matter will ultimately be resolved between the parties. Your attention is appreciated, .,} / "."./ " / / .,..-/ /../ . /" ,8111cer,Yli: / / , /' ) iP, RiCh~agner ~ , \ PRW/dks cc: Howard S, Irwin, III, Esq. Ms. Tracie Osborn , Q t'2'D \ \)\ c" " , 'j,~ TRACIE OSBORN, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW JOHN OSBORN, II, Defendant NO. 00-4330 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of June, 2001, upon consideration of Plaintiff's petition for contempt in the above-captioned divorce action, and following a hearing, the record is declared closed and the matter is taken under advisement. By the Court, J. //0 P. Richard Wagner, Esquire For Plaintiff Sheriff C~ ,0\ \,,\ Harold s. Irwin, III, Esquire For Defendant prs . '1 ;;;~ ~ ,~ , l7"'t!!!! . ,. _ ~' e .. < ~ HU=.C).nDf'F ICE Or '", ,-' ,'" ^" ,'" "'TI RY r :1"'":' :--1 ,',.,IL".U,\:;".1 ,-\, 0\ JUt! 13 Pi'! I: 20 CUMBERAi\ID COUNTY PENNSYLVANIA ~~ ,-- ~ ~ " ,c_ '~R"!ll!:~~'>=~ .' ", ' ."",,,,~,...!'Wi~~I._r[JllIT-r:m!m ~~ _ _ """':' 0/ _;"',~, .~, 'J"i 'M 0; TRACIE OSBORN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW JOHN OSBORN, II, Defendant NO. 00-4330 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of June, 2001, upon consideration of Plaintiffs Petition for Contempt filed in the above-captioned case, and following a hearing, the petition is denied, without prejudice to Plaintiffs right to file a petition for special relief in this action or a petition for modification and/or contempt in the parties' support action. BY THE COURT, P. Richard Wagner, Esq. 2233 North Front Street Harrisburg, P A 1711 0 Attorney for Plaintiff I J/c' ! L,.. I J veSley Ole, ., 6g 1. Harold S. Irwin, III, Esq. 35 East High Street Suites 201-202 Carlisle, PA 17013 Attorney for Defendant ~ .~ ~~,()\ V\;\ :rc I j ,"""-'I ,,' -r-"',' r\LI:D-()'::H~r C~ ~, .,.,..,c,"\ ,c.,j,I')",,'N Ii :;-'~' '.,~:c",,[\ '.'..'1\" \t\n\ 0\ JurI \ '3 PH 2: ? 2 CllM'6ERVND couNT'< PH~NS'll\jI\N\D, ~, .." !III ;Ill. .....4!l1! -- _ _ ~~H'!,"<i'i:ol'/'!'4~':r~ RIl!!'OO~,'_ ~-" '" _."S, ,".-._;>f - . ' . TRACIE OSBORN, , I ~, " ",<i '. . : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO: 00-4330 : CIVIL ACTION - LAW JOHN OSBORN, II, : IN DIVORCE Defendant. ORDER AND NOW, this fb\t. day of MY) ,2001, upon Plaintiff's Petition for Contempt, a hearing is set for the 1.,g...J:.l day of ~ ' 2001, at ~; 30 o'clock A.m. in Courtroom No. I of the Cumberland COlUlty Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania, for Defendant to show cause why, if any, the relief requested should not be granted and Defendant found in contempt of court. BY THE COURT: JJJ~ 3~!' ~ )1~cI 5/dtl 0 I A...u t "':s~Z~1 oJl RKs --. ....'" ~~ ~ . ",...4 ~~-"~" o ~~. OF ^' t,~ t, ',J f) ") iJ i nn I t"c.. ,'" I" ni::. kl-', ,1:' \J'_ , " ,_ _ ,', ,:',' "("J\.lTV Cl']\I,...."-,-,,, ,,''''J \,j\,...1 1'.1 '. I ,/,1_,,_1 _~ ,I ., PEi'1NSYL!!/l!\!!i\. , . .n.!jl '"'i' ~lI!lllr__"".,,~ ~, .~~.ll~~""}!_;J/l'~"~"'~~~~~M1Ij~~l:ml.~~rilflm ?>Afl " . . TRACIE OSBORN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO: 00-4330 : CIVIL ACTION - LAW JOHN OSBORN, II, : IN DIVORCE Defendant. PETITION FOR CONTEMPT AND NOW, comes the Petitioner, Tracie Osborn, by and through her attorneys, Mancke, Wagner, Hershey & Tully, and files the following Petition for Contempt: 1. Your Petitioner, Tracie Osborn, is the Plaintiff in the above-captioned divorce action. 2, The Respondent, John Osborn, II, is the Defendant in the above-captioned divorce action, 3, The parties entered into an agreement as part of a support matter that provided that the Defendant/Respondent herein was to pay the entire second mortgage each month on the marital home, , ~ ~ ,<I i I I I ! ~l, : '>-~'. " , . 4. Defendant/Respondent has failed to and otherwise refuses to pay that second mortgage on the marital home which is in breach of the agreement reached by and between the parties, which said agreement is evidenced in the Final Court Order dated January 4,2001, executed by the parties at Docket Number 01005-S- 2000 of the Domestic Relations Section of the Cumberland County Court. WHEREFORE, PlaintifflPetitioner prays this Court to grant the relief in the form of finding the Defendant/Respondent in contempt of court, directing that he comply with the agreement, and pay reasonable attorneys' fees to the PlaintifflPetitioner herein. Respectfully submitted, Mancke, Wagner, Hershey & Tully B~:qlli" LD, #23103 2233 North Front Street Harrisburg, P A 17110 (717) 234-7051 Attorneys for PlaintifflPetitioner Date: ,~iitJJ I -2- ~"'f , . . 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 falsification to authorities. ~~~ ~vO"J7~ DATE: s\q ~D' ." . ,J .~',.' ."=,,.",., 'h . '0 '.~", ,"'1".'",.1," ,"_I.",~" ,,'-.,'. ',_," .,,,- ~, HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT TRACIE OSBORN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00 - 4330 CIVIL TERM ,JOHN OSBORN, II, Defendant CIVIL ACTION - DIVORCE ANSWER TO COMPLAINT IN DIVORCIE PURSUANT TO SECTIONS 3301 (c) OR 3301(D) OF THE DIVORCE CODE NOW, comes the defendant, John Osborn, II, by his attorney, Harold S. Irwin, III, Esquire, and responds to the complaint in divorce as follows: 1. The averments of fact contained in paragraph one of plaintiff's complaint are admitted. 2. The averments of fact contained in paragraph two of plaintiff's complaint are admitted in part and denied in part. Defendant's full name is John A. Osborn, II. The remaining averments are admitted. 3. The averments of fact contained in paragraph three of plaintiff's complaint are admitted. 4. The averments of fact contained in paragraph four of plaintiff's complaint are admitted. 5. The averments of fact contained in paragraph five of plaintiff's complaint are admitted. Rjl 6. The averments of fact contained in paragraph six of plaintiff's complaint are admitted. 7. The averments of fact contained in paragraph seven of plaintiff's complaint are admitted. 8. The averments of fact contained in paragraph eight of plaintiff's complaint are admitted in part and denied in part, as follows:. A. The defendant is willing to concede that the marriage is irretrievably broken; and " B. The defendant denies that the parties will have lived separate and apart for two continuous years as of December 15, 2001. On the contrary, the parties have not separated as of this date. Furthermore, neither party can state, in any event, what will happen between now and December 15, 2001. WHEREFORE, the Defendant consents to a judgment dissolving the marriage of the parties. COUNT I EQUiTABLE DISTRiBUTiON 9. Defendant's responses to the averments of paragraphs one through eight of plaintiff's complaint are incorporated herein by reference as though fully set forth herein. 10. The averments of fact contained in paragraph ten of plaintiff's complaint are admitted. . "'- .~~_. n "'~,.'."' ~ '-,",.,',..-~. . H . h-~' ~_:"'_"'-,-_,." ~-',,' _ " "<<"_', WHEREFORE, the Defendant requests that the Court equitably distribute all property, both personal and real, owned by the parties. COUNT II ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 11. Defendant's responses to the averments of paragraphs one through ten of plaintiffs complaint are incorporated herein by reference as though fully set forth herein. 12. The averments of fact contained in paragraph ten of plaintiffs complaint are admitted. 13. The averments of fact contained in paragraph thirteen of plaintiffs complaint are denied. On the contrary, plaintiff has sufficient funds to support herself and to meet the costs of this litigation and is able to appropriately maintain herself during the pendency of this action. By way of further answer, the parties continue to reside together and the defendant continues to provide for the payment of the household bills, debts and expenses of the parties 14. The averments of fact contained in paragraph fourteen of plaintiffs complaint are denied. On the contrary, plaintiff has sufficient income to provide for her reasonable needs and pay her attorney fees and costs of this litigation. By way of further answer, the parties continue to reside together and the defendant continues to provide for the payment of the household bills, debts and expenses of the parties. Furthermore, plaintiff will undoubtedly receive a substantial equitable distribution of assets of the marriage from which she will be able to make adequate payment of her reasonable needs and reasonable attorneys fees and costs. JI!' ,,"'-. ~".'~ -, ~,.}", _..~ '. ~^'" -" k,,' l'~..h-,-I ",'," "-. ,." -;.-< "" ' I :1 II I 15. The averments of fact contained in paragraph fifteen of plaintiff's complaint are denied. On the contrary, defendant does not have adequate earnings to provide support for the plaintiff and to pay her counsel fees, costs and expenses. By way of further answer, the parties continue to reside together and the defendant continues to provide for the payment of the household bills, debts and expenses of the parties. Furthermore, plaintiff will undoubtedly receive a substantial equitable distribution of assets of the marriage from which she will be able to make adequate payment of her reasonable needs and reasonable attorneys fees and costs. COUNT III ALIMONY 16. Defendant's responses to the averments of paragraphs one through fifteen of plaintiff's complaint are incorporated herein by reference as though fully set forth herein. 17. The averments of fact contained in paragraph seventeen of plaintiff's complaint are denied. On the contrary, plaintiff has sufficient property to provide for her reasonable needs. By way of further answer, the parties continue to reside together and the defendant continues to provide for the payment of the household bills, debts and expenses of the parties. 18. The averments of fact contained in paragraph eighteen of plaintiff's complaint are denied. On the contrary, plaintiff is able to sufficiently support herself through appropriate employment. By way of further answer, the parties continue to reside together and the defendant continues to provide for the payment of the household bills, debts and expenses of the parties. By way of further response, plaintiff is gainfully and appropriately employed. ,- -~ ~".'.~ ";"";:'." ~'L_;".;'; ." ".,~",,,-_ '_"",i 19. The averments of fact contained in paragraph nineteen of plaintiff's complaint are denied. On the contrary, defendant does not have sufficient income to provide continuing support for the plaintiff. By way of further answer, the parties continue to reside together and the defendant continues to provide for the payment of the household bills, debts and expenses of the parties. Furthermore, plaintiff will undoubtedly receive a substantial equitable distribution of assets of the marriage from which she will be able to make adequate payment of her reasonable needs and reasonable attorneys fees and costs. Defendant denies all liability for the support of the plaintiff in that no legal grounds exist for the payment of alimony to' plaintiff. COUNT IV CUSTODY 20. Defendant's responses to the averments of paragraphs one through nineteen of plaintiff's complaint are incorporated herein by reference as though fully set forth herein. 21. The averments of fact contained in paragraph twenty-one of plaintiff's complaint are admitted. 22. The averments of fact contained in paragraph twenty-two of plaintiff's complaint are admitted. 23. The averments of fact contained in paragraph twenty-three of plaintiff's complaint are admitted. 24. The averments of fact contained in paragraph twenty-four of plaintiff's complaint are admitted. ",-, '~~ " _"V ~- """~;""',,,,~","d.',-~-_.." ,'~ '," "I_j',.~l.,""-""-,-,,,,~_,,,,,_ _ "_'c_", ';,""~__ ~_ _ ", 25. The averments of fact contained in paragraph twenty-five of plaintiff's complaint are admitted. 26. The averments of fact contained in paragraph twenty-six of plaintiff's complaint are denied. To the contrary, the best interest and permanent welfare of the children requires that the parties have joint legal and physical custody of the children so that the children can spend an equal amount of time living with each parent. WHEREFORE, defendant's requests of the Court are as follows: A. That the Court grant plaintiff's request for a divorce if that is her wish; B. That the plaintiff's request for alimony pendente lite be dismissed; C. That the plaintiff's request for alimony be dismissed; D. That the real and personal property of the parties be equitably distributed; E. That the plaintiff's request for counsel fees, costs, expenses and the costs and expenses of this action be dismissed; F. That the Court award joint legal and physical custody ofthe children to the parties; and for G. Such other relief as the Court may deem equitable and just. ~6UOI--( CZ1lo.6/ Attorney for Defenda Supreme Court ID No. 29920 l1; ',^""i""'~ 1,,0," -,~~,','"~' _-<,; ,~"..> _""''''_" I.. I,', ..,,"-' VERIFICATION I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. ~I)JW.~ 4iJ l.Pv{ ;J HN A. OSBORN, II, Defendant .' ~ HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR DEFENDANT TRACIE OSBORN, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Ys. : CIVIL ACTION - LAW .JOHN OSBORN, II, Defendant : NO. 00 - 4330 CIVIL TEIRM : IN DIVORCE ANSWER TO PLAINTIFF'S PETITION FOR SANCTIONS NOW comes the defendant, by his attorney, Harold S. Irwin, III, Esquire, and files this response to plaintiffs petition for sanctions, representing as follows: 1. The averments of this paragraph of plaintiffs petition admitted. 2. The averments of this paragraph of plaintiffs petition are admitted. 3. The averments of this paragraph of plaintiffs petition are admitted. 'By way of further response, plaintiffs counsel set this date without any reference whatsoever to the schedule and other time commitments of defendant's counsel. 4. The averments of this paragraph of plaintiffs petition are admitted in part and denied in part. It is admitted that plaintiff sought to inquire into the alleged sale of respondent's business. It is denied that defendant's business had been sold at that point. On the contrary, defendant had not yet been able to reach agreement on the final terms of said sale with a prospective buyer. By way of further response, defendant ""~ and his counsel continued to believe at that point that the parties could exchange information and documentation in an open and reasonable way without the necessity of spending the additional time and incurring the additional expenses of depositions. 5. The averments of this paragraph of plaintiffs petition are admitted in part and denied in part. It is admitted that the sale as now constituted is according to various terms and conditions as stated in this paragraph and that such terms and conditions have not yet been communicated to the plaintiff. It is denied that such terms and conditions were known to defendant at the time plaintiffs counsel requested depositions or when the instant petition was filed. On the contrary, at those times the final terms had not yet been agreed upon by the defendant and the buyer. Furthermore, those terms are included in defendant's new matter below. 6. The averments of this paragraph of plaintiffs petition are admitted in part and denied in part. It is admitted that plaintiff has a right and necessity to know the details regarding the sale of defendant's business. It is denied that formal discovery is necessary in order to compel such information to be provided to the plaintiff or that such information could have been provided to plaintiff at the time of the scheduled depositions or when the instant petition was filed. On the contrary, at those times the final terms had not yet been agreed upon by the defendant and the buyer. 7. The averments and implications of this paragraph of plaintiffs petition are specifically denied. On the contrary, plaintiffs counsel set the date of October 25, 2000 for depositions without any reference whatsoever to the schedule and other time commitments of defendant's counsel. Plaintiffs counsel communicated that date to defendant's counsel by letter dated October 9, 2000, together with a notice of depositions dated October 12, 2000, both sent to defendant's counsel by U.S. mail. Defendant's counsel received such letter and notice subsequent to October 12, 2000, only about ten days prior to the date plaintiffs counsel unilaterally selected for the ~ ~L,~, - I, _, - <01 depositions. On October 17, 2000, eight days prior to the date unilaterally selected by plaintiffs counsel, defendant's counsel faxed to plaintiffs counsel a letter (a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference), indicating that defendant and counsel were "not prepared" to attend such depositions because the terms of sale had not been agreed to by defendant and the buyer, that until a final written agreement was executed there seemed to be "little point in having a deposition", that defendant was willina to provide any information and documentation when it became available without formal discovery and that defendant's counsel was not available for depositions on the date plaintiffs counsel unilaterally selected. 8. The averments of this paragraph of plaintiffs petition are admitted in part and denied in part. It is admitted that plaintiff has little information about the sale of the business and that such information is necessary in resolving the equitable distribution issues between the parties. It is denied, however, that such information was fully available to the defendant at the time of the scheduled depositions or when the instant petition was filed. On the contrary, at those times the final terms had not yet been agreed upon by the defendant and the buyer. By way of further response, defendant has recently finalized an agreement with the buyer and all funds received and expended by the defendant from the sale of the business are fully itemized in defendant's new matter below. 9. The averments of this paragraph of plaintiffs petition are admitted in part and denied in part. It is admitted that the plaintiff is seeking sanctions or a hearing to direct defendant to provide an accounting of all funds received and expended by the defendant from the sale of his business. It is denied, however, that sanctions are warranted or that a hearing is necessary. On the contrary, the terms of a final agreement have only recently been agreed upon by the defendant and the buyer and such terms and a full accounting of the funds received pursuant to such terms are provided in defendant's new matter below. ,. . I, '- ~ , 10. The averments of this paragraph of plaintiff's petition are denied. On the contrary, plaintiff has virtually always paid the parties' mortgage payments. Prior to their separation, defendant provided money to the plaintiff and she paid the mortgage account. Since their separation in August, 2000, since plaintiff is residing in the marital home, plaintiff has continued to make such payments from her own considerable income and from the support paid by defendant to plaintiff. In addition, defendant has continued to make payments on the parties' home equity loan. Since the buyer of the business refused to make monthly payments to defendant, the defendant had insufficient income from which to make the home equity payments. However, on or about December 1, 2000, defendant paid the September, October and November, 2000 payments which had become delinquent. Defendant expects to pay the December, 2000 and January, 2001 payments by February 15, 2001. The buyer of the business has finally begun to make payments based upon the final agreement which has recently been concluded. Therefore, defendant should be able to continue paying the home equity payments on a more timely basis. 11. The averments of this paragraph of plaintiff's petition are admitted in part and denied in part. It is admitted that plaintiff desires that defendant make the mortgage payment, home equity payment, provide financial support for the family and continue to pay all of his remaining business debts. It is denied, however, that such a plan is fair or equitable to the defendant, that he is remotely financially able to do so or that such a plan could be justifiably ordered by law. On the contrary, under the financial circumstances of these parties and given the income of plaintiff and the fact that she is residing in the home, plaintiff should continue to be responsible for the payment of the parties' mortgage until the sale of the home or upon other terms of the parties' equitable distribution arrangement have been agreed upon. ~, WHEREFORE, defendant requests that the petition be dismissed and that the hearing scheduled for February 12, 2001 be canceled. NEW MATTER 12. Defendant incorporates by reference his responses to plaintiff's petition, paragraphs one through eleven, inclusive. 13. On or about April 1 , 2000, the buyer of the business took possession thereof and the parties agreed upon certain preliminary terms including an initial cash payment of $45,000.00 and assumption of approximately $25,000.00 of business debt. At such time, the parties understood that additional terms and monthly payments would be agreed upon, but had not reached an agreement on the remaining terms at the time possession was turned over to the buyer. 14. Defendant expended the $45,000.00 in the payment of various business, marital household debts and expenses as follows: A. Black Diamond account B. Rocky Account C. Terra Account D. Wolverine Account E. Shoes for Crews Account F. T & M Account G. Agway Account H. GM Credit Card I. Capital One Credit Card J. Elite One Account K. Iris Socks Account L. UPS Account M. Chrysler Business Auto Lease Payment N. Sentinel Account O. Frankford Leather Account P. Slippers Account Q. Shearer Advertising Account $ 5,000.00 5,000.00 10,000.00 14,213.00 1,975.40 1,000.00 1,000.00 1,000.00 732.00 1,500.00 288.00 236.82 548.95 391.85 233.03 29.06 60.61 ,.., '"'' I " -"--"- R. S T. U. Sprint Account Mel Account Don Keck - Shoe Repairs Tracie Osborn - For Household Exp. TOTAL EXPENDITURES 23.98 97.09 100.00 1,600.00 $45,029.79 15. Subsequent to April 1, 2000, the buyer made two additional payments of $1,000.00 each, on or about May 1, 2000 and June 1, 2000. These payments were expended by paying the $856.00 home equity loan payment and the balance on other marital or business debt each of these months. 16. Thereafter, the buyer refused to make any additional payments to the defendant and the parties were unable to reach a final written agreement on the remaining terms of sale despite defendant's best efforts to produce and agreement satisfactory to both parties. 17. Within the last thirty days the defendant and the buyer finally entered into a written agreement on the final terms of sale. Such terms include a final amount of $26,000.00 due from the buyer to defendant, without interest, payable in monthly installments of $650.00 per month, from January 1, 2001 through January 1, 2004, at which time any remaining balance is due and payable. In addition, the buyer returned to defendant a truck that had earlier been a part of the transaction. 18. Said truck was sold by the defendant for $4,750.00, the proceeds of which were used to payoff the loan on the truck (approximately $2,000.00) and the balance on other bills and debts of the business and I or the parties. 19. As stated, all payments from the buyer to the defendant at this time are payments of principal only and without interest. Therefore, such payments do not constitute income to the defendant, but simply payment for the purchase of an asset. Jof 20. Defendant believes and therefore avers that all information sought by the plaintiff in her petition has been provided to her by means of this answer, now that the information is finally available. 21. As such there is no necessity for a hearing in this matter to impose sanctions upon the defendant or to order him to produce an accounting of the receipt and expenditure of business proceeds. 22. All proceeds from the sale of the business received by defendant to date have been used for the payment of business debt or other joint marital debt. 22. Defendant has been and intends to continue to make the monthly home equity loan payments from the monthly payments made by the buyer of the business to the defendant until such time as the parties have finalized their equitable distribution issues. 23. Plaintiff is gainfully employed, is receiving regular support from the defendant, has the children only approximately 50% of the time as custody of the children is shared, and is residing in the home without the payment of any rental to the defendant. 24. Accordingly, there is no basis from which it should be concluded that the defendant should make both the mortgage payment and the home equity loan payment while he continues to pay support and the majority of all of the debt of the parties and maintain custody of the children approximately 50% of the time. 25. Likewise, the plaintiff should not attempt to use this discovery proceeding as a forum to gain an unfair financial advantage over the defendant. Such matters may be resolved through a proper support or master's proceedings in as much as all of the , ~ I ~ -, 'I ,I 1 I I information requested by the plaintiff has now been provided by means of these responses. WHEREFORE, defendant requests that the petition be dismissed and that the hearing scheduled fro February 12, 2001 be canceled. February 9, 2001 35 East High Street Carlisle, PA 17013 717 -243-6090 Supreme Court 10 No. 29920 ',,; I verify that the facts contained in the foregoing answer are true and correct to the best of my knowledge, information and belief. To the extent that the content of the answer is that of counsel, I have relied upon counsel in making this verification. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. 1 Ll! f! (J! J.01iN OSBORN, II / \ \J " , VERIF/CA TION February 9, 2001 "'" "", +-- o HEATHER A BARBOUR PARALEGAL www.ifWinJawoffice.com e-mail: ifWinlaW@epix.net 717-243-6090 PHONE 717-243-9200 FACSIMILE ~ 'I Iii ~ i " I I :1: il! :~ '1 " ;~ I' " " 'I' :; :'1: Ill. , , ,. ,. :1; i i I ili II Iii 'I , ,. I' , I I i: I II 'I' , II I' I: I' " , LAWOFF'CES OF HAROLD S. 'RWIN, "' ATTORNEY-AT-LAW HAROLD S. IRWIN. I]] JOHN J. BARANSKI, JR. HITNER HOUSE, SUITES 201 and 202 35 EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013 October 17, 2000 P RICHARD WAGNER ESQ MANCKE WAGNER HERSHEY & TULLI 2233 N FRONT ST HARRISBURG PA 17109 RE: Osborn Dear Rich: Thank you for your letter of October 9th regarding the above matter. However, I am not prepared to attend depositions scheduled for October 25, 2000. The sale of Osborn Footwear has not yet been concluded, as we have had difficulty getting the buyers to sign the agreement. Although they have taken over the operation of the business, they have not been able to comply with the terms of sale. We have been working with them to come up with a workable plan, but have not done so as of yet. This is important to the overall divorce and property settlement, since while it may not affect John's income (since the monthly payments are not really income), it does affect equitable distribution. There seems to be little point in having depositions before this matter is concluded. I realize that you want to move things along - so do I. This situation with the buyers of the business has been frustrating for me as well. However, it seems best that we have depositions - if in fact they are necessary at all and not just a means to put more time in this case - when all the facts are in. We are, of course, willing to provide any documentation for assets of which John has control. We also expect the same from your client. In any event, I am unavailable on the 25th. ~ Harold S.lrwin, III JOHN OSBORN 1039 NORTH FIELD DR CARLISLE PA 17013 J c, .,,' " ",~" , ,~'- ,,- J ,,,' ~ " i,; , I I', ,. I' H': i'i Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i' ~ I'" I'''! F,:: i,~':i I"i: i^:, I;"" I' .,f ',j, ~' [ TRACIE OSBORN, v. NO. 00 - 4330 CIVIL TERM "OliN OSBORN, II, Defendant . . ") CIVIL ACTION. DIVORCE DEFENDANT"S MARRIAGE COUNSELING AFFIDAVIT :\~! ;;: 'co ;f'I' : :", ~ The defendant, being duly sworn according to law, deposes and says: ~!i "!1 :", 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 1;1: ;'l: '11 -T 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. .,: ;i' .' '''p i:1 i ~ f! I'" c I, ,j] I}' ! ,~ 1'1 I" ~'~ Sf' 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. :i i ~ '~:ii Ii: 'i I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. .:' [.r ~~ September ]<J, 2001 .,~.::.. ',' .,. "'"'>""'~jjlI~liliI~~II--" "0'" ......, ,--,. () c:. <' -of.5 mrn Z'T) ~~ "- . Pr-, Z" _..c PC' Z :';! c ~-D' ..- fl> "a~ "w ~. 5 ~f ~' :D -< I=" W , ,. , ,.'< - -d",o'.,,', TRACIE OSBORN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 00 - 4330 CIVIL TERM .JOHN OSBORN, II, Defendant CIVIL ACTION - DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about June 22, 2000 and served upon defendant on or about June 30, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. September Jp, 2001 J -_.~ I:: ~ , " d ',I , ~ " L-'i I., .~ "I ,. " "~I' I~" I', "I !'i 'J 1:1 :1 !, ,~ :'~II I) H 'I ':,~ ,:~ , ~~ --~ I I ,I ,I 'I ;~~ (-:1 Iii il II II II II tl ~! ,,~ : ~ J I r~ il 1:1 l~ II': (~ l~ ~'. ,- -';""'"",~",',,,,~ -~ - ,~'.~ ~~j ~ ~-""'iIM~1lIl ~=" " (') c ~ -ocrl mf,,;"1 Z:J:r ZC (f)>" -<-~ G:: c) r-, ZCl ;,...- ~ t:;' c) !D:~ -.~ ....") ,[ '>'<: I' ~ ::'~;~ :,(tJ:\;r. ----;'--."" -f- -'j ,~"""'"'~ .~~~ :D -< ::c" '? ~ (,) :'[ TRACIE OSBORN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00 - 4330 CIVIL TERM JOHN OSBORN, II, Defendant . . CIVIL ACTION. DIVORCE ;+ ;' !':f WAIVER OF NOTICE OF INTENTION To.REQU.EST ENTRY OF A DIVORCE DECREE UNDER SECTION 33.01 lID OF THE D!YORCE CODE ";; ;;[, "" c:;: ;,,;1: ]1 J'li '); 1. I consent to the entry of a final decree of divorce without notice. " !,j, h: !;~:: ~ J: "f,l I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 1: ,I' ,~ll "'1 1: ;:~i re: .<, r[' ~ Il; i~' (~ ~f; ,i!i 'rJ, "Ii ~1 il { 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. Septemberjg.2001 ::1! ii! ~:! ", I' :, il! I 1.1 ;; -'" ~ ~~':';~'k'~_ -, ~ '~.~ll/i J' ~ ~~~I.""",. ~lilIw.lIIi . ~" -'"~ t~ $:: "tJrC n-lp-, ~S! . -<",;-,. ~(] -;;; ~8 'c z =< C:..J ~ :'.. ~,~,.., .. r:, " r)' _=-: "W='3~~ s: {j t~ '2 otn ::;i .,- :0 c-..) -< '" ~;i) TRACIE OSBORN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff, v. : NO: 00-4330 : CIVIL ACTION - LAW JOHN OSBORN, II, : IN DIVORCE Defendant. PRAECIPE TO THE PROTHONOTARY: Please withdraw Counts I, II, III, and IV of the Complaint in Divorce as the matter has now been settled, Respectfully submitted, Mancke, Wagner, Hershey & Tully ~/' ._._-~~-~ / ." .'----- ------------------------ P 'char. agner, Esquire I.D. #23103 2233 North Front Street Harrisburg, P A 1711 0 (717) 234-7051 Attorneys for Plaintiff Date .,{ / J;J, I ~;z.... / I ~~~l!i!l!IiI!IiII_~~Iil~~,"l<b1"b-_~'-"," '",b" ':""d,"~("'-'~8""'~"'!:4'~",'A~;i!:lnii.i!IIiI!IWM~_d. ~n .~ ,_J. ",. !KllMIMillIilililllillM"~~~. 0 C;:;:~ C h; ,,="J .'"l'1 \:'J IT :-"-1 mn ':'1:} 2::::':.1 655;:- ,,- -<--.:::- r:; co ""t' ~ .~, -~. , - ; z t~ .0:::. - )> i'.) -- ,.. C) 2: :.:;:~l -; ~ -< G:;J . - '-~ TRACIE OSBORN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. : NO: 00-4330 : CIVll- ACTION - LAW JOHN OSBORN, II, : IN DIVORCE Defendant. PRAECIPE TO THE PROTHONOTARY: Please withdraw Counts I, II, III, and IV of the Complaint in Divorce as the matter has now been settled. Respectfully submitted, By,i Attorneys for Plaintiff Date: t/d1 J tJl- I ( r~ ~/ 'c"'- </.' ,."~ ". -~''-rj"-C iIHiiIl "'~,j;J~~~1:I$' ~'#'-1il '. -~ l_ _.~ _~ ,~ , " ,~, ~ ,......~ ." (") '-" () ~, c: 1',> -" s:: (I') ""01,'5) f"1"1 -J" ~[Ti -0 ;:r:, ,-:~' zr- I ''--.:1''n CO)> G) ~:~it? -<2:: :'__~('"J ,<0 ..,~ ,,~" -r, ~O -,.~ ;~"-21 -e. ',,-/...-., -0 fSi -;>"...." )>c: Om ~ "'" s;: .1;'- ~ , ',,~- 0,,_'