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HomeMy WebLinkAbout97-04900i r ;? ,? IN THE COURT OF COMMON PLEAS OF JANICE T. SALISBURY : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs . I'Iainti@' : t NO. CIVIL 19 I IN DIVd E,11100 MICHAEL S. SALISBURY Defendant STATUS SHEET DATE: ACTIVITIES: L-4 ?? L Ali r .+ r? JANICE T. SALISBURY, : THE COURT OF COMMON PLEAS OF Plaintiff. CUMBERLAND COUNTY, PENNSYLVANIA ,vs. NO. 97 - 4900 CIVIL MICHAEL S. SALISBURY, Defendant : IN DIVORCE TO. Susan M. Kadel , Attorney for Plaintiff Gary,L. Kelley, Attorney for Defendant DATE: Monday, June 21, 2004 CERTIFICATION [ 1 I,certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the, case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 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. JAMI SAII I I I I )11 Ill RIL K dE O INNI I I 1 I I.P Sunup M Kudd mNI. Rink", Ivlc Con) FAX 717 '1317771 In Ip to o Ill n•.I It r (A t.'i- February 7, 2006 I IAll, Ili 1; •, i. i E. Robert Elicker, 11, Esquire www Cumberland County Divorce Muster 9 North Hanover Street Carlisle, PA 17013 Re: Janice T. Salisbury v. Michael S. Salisbury No, 97-4900 Dear Master Elicker: Please find enclosed for your records two copies of the Postnuptial Agreement that Mee",I`SM',M,SJP was entered into by Michael and Janice Salisbury on December 6, 2005. Accordingly, it is It is my understanding that you will now not necessary to proceed with the divorce hearing 9110 JA o 1?E ?.? R JAMB-, F SVAnE . vacate your appointment and we can proceed with entry of the divorce. MAIiNEW CHARM. III GREGORY K RII:MARms SurnN M KAIIE. JARI W EIANW MAN lease do not hesitate to uestions or concerns re ardin this matter If ou have an DONNA M MULLM g g , p y q y EowAnD P. SELU IR contact me. NEIL W YAI-0 Counn,tlY L Kc;,c. KIMBERLY A. DEWIn Sincerely, ' OF mur+BEL BtlnNARt) A R,.N•JR HERSHEY. PA Susan M. Kadel SMK/mbl Enclosures cc: Clary L. Kelley, Esquire Janice Salisbury JANICE T. SALISBURY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 97 - 4900 CIVIL MICHAEL S. SALISBURY, Defendant IN DIVORCE RESCHEDULED CONFERENCE WITH COUNSEL AND PARTIES TO: Susan M. Kadel , Counsel for Plaintiff Janice T. Salisbury , Plaintiff Gary L. Kelley , Counsel for Defendant Michael S. Salisbury , Defendant A conference has been scheduled at the office of the Divorce Master, 9 North Pennsylvania, on the 8th day with counsel and the parties economic issues to determine of claims. If issues remain will be scheduled at another ianover Street, Carlisle, of September 2005, at 8:00 a.m., to discuss the outstanding if there is a basis of settlement after the conference, a hearing date. Very truly yours, Date of Notice: 8/23/05 E. Robert Elicker, II Divorce Master JANICE T. SALISBURY, t Plaintiff VS. t t MICHAEL S. SALISBURY, Defendant ; CON COUNSEL TO: Susan M. Kadel Janice T. Salisbury Gary L. Kelley Michael S. Salisbury IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97 - 4900 CIVIL IN DIVORCE FERENCE WITH AND THE PARTIES Counsel for Plaintiff ,,Plaintiff (via phone) Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 26th day of August 2005, at 9:30 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: E. Robert Elicker, II June 21, 2005, Divorce Maser 4/26/05 SPOKE WITH SUSAN'S OFFICE AND TOLD HER TO FILE A MOTION WITH THE COURT FOR DISCOVERY. I I, I I APR-26-20M 11129 April 26, 2005 VIA FACSIMILE 240.7890 AND U.S. MAIL E. Robert Elicker, 11, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Janice T. Salisbury v. Michael S. Salisbury No. 97.4900 Dear Mr. Elicker: P.O1 01 I&m SMnN Dwrtrruac & Coitomuv LLP suLM M. KWeI [mail, m K&Wc com M A% 717 333.7771 I am writing pursuant to the directive in your Pre-Hearing Conference Memorandum dated February 28, 2005. 1 am requesting that a hearing be scheduled in the above-captioned divorce action. I would also note that 1 have not yet received the TIAA CREF pension statement which shows the date of separation balance. Sincerely, Susan M. Kadel SMK/mbl cc: Gary L. Kelley, Esquire Janice Salisbury r 0 Box 650 I IERSMEV, PA 17033 Cw,1' Alm.\, Os Wrt AVINUk MUMMP ITOWN, 0A 170,?6 Rl )11573VA11 W W Matt cOM GAAV L JAMi1 M" J. SMnM, JA JOMM J. C01041.0 . JA Sao"A Dirmcm JAMIS F SFAOG MAnNIW CNAIII. III GACGOAV N ArCHAR06 SWUM M. KAOIL JAPAU W MANCEIMAN 00a M MULLW k0WAA00 Milo NOL W. VM„ COVRNIVL KIiNII KIMEULVA OAWiM OF C *01114 MAML91 OCAS A KocmAIIMI, LIZ COLVMPA, OM BIANAAO A. RYAN. JA MIMMIA, AA TOTAL P.01 IN THE COURT OF COMMON PLEAS OF JANICE T. SALISBURY CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. MICHAEL S. SALISBURY NO. 97 - 4900 IN DIVORCE ORDER AND NOTICE SETTING HEADING TO: Janice T. Salisbury Susan M. Kadel Michael S, Sulisbury Gary L. Kelley Plaintiff , Counsel for Plaintiff , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 9th North Hanover Street, Cariisle, Pennsylvania, on the February 2006 at 9:00 day of a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, Date of Order anf 1/21/05 Notice: Zr E. tt ff r, Presiden Judge By: ??uc Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 JANICE T. SALISBURY, Plaintiff VS. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 4900 CIVIL IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, February 28, 2005 Present for the Plaintiff, Janice T. Salisbury, is attorney Susan M. Kadel, and present for the Defendant, Michael. S. Salisbury, is attorney Gary L. Kelley. A complaint in divorce was filed on September 10, 1997, raising grounds for divorce of irretrievable breakdown of the marriage. Because of husband's religious objections, he has indicated that he will not sign an affidavit and waiver; therefore, attorney Kadel is going to immediately file an affidavit under Section 3301(d) averring a separation in excess of two years. The parties finally separated on May 15, 1999. The complaint also raised economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. The Defendant filed a counterclaim on October 6, 1997, raising on his behalf a claim for counsel fees and expenses. The parties were married on December 29, 1983, and are the parents of two children, both of whom are emancipated. Wife lives at 310 East 5th Street, Valentine, Nebraska 69201 and husband lives at 201 Bosler Avenue, Apartment B, Lemoyne, Pennsylvania 17043. In order to facilitate the completion of discovery, the Master is 'directing the following: Husband will provide a pension statement which shows the value as of the date of separation of his TIAA-CREF pension. This pension is a defined contribution plan. Counsel have indicated that they do intend to use a QDRO' to distribute the pension but attorney Kadel has requested this additional information regarding value. Husband will also provide documentation and a l list of debt which he claims is marital and which he paid post-separation. Without proper documentation to show the payment of debt which he considers marital and paid post-separation, he will not be entitled to any credit. This information as directed shall be provided within two weeks of today's date to attorney Kadel. After notification by counsel that the information has been provided and they cannot settle the case, then the Ma.gter will schedule a hearing and notify the parties of the hearing date. E. Robert Elicker, II Divorce, Master cc: Susan M. Kadel Attorney for Plaintiff Gary L. Kelley Attorney for Defendant 2 ?1All h tine I I I D II 1*11.RIC K& C'()NNI I I S I I P S.I, M Kedc1 nd•r11..4 ?um Imad PAX 717111 7771 1 Ho)( (11 May 31, 2005 It RrI If Y. I 10. 111) IT i 1 I d'A I,UI ' III J,IMI 1',p rA,ry P/'Prlb _VIA FACSIMILE 240-7890 ANDU.S• MAIL WWW mud I'm E. Robert Elicker, 11, Esquire Cumberland County Divorce Muster 9 North Hanover Street Carlisle, PA 17013 Re: Janice T. Salisbury v. Michael S. Salisbury No. 97-4900 Dear Special Master Elicker. GARY L JAMB, MAX J SMITH, JR I am writing with regard to the above-captioned action and reference herein the Pre- JONNJ CONNELIY, JR s:0" a D'LPITT A Hearing Conference Memorandum that you issued on February 28, 2005. 1 can confirm that MA THE MATTHEW CHARAL III we have received the information that we were waiting for and would ask that, in light of that GREO9RY K HICHARO° SUSAN M KArrl fact a hearing be scheduled JAPAD W HAND" MAN . , DONNA M. MDI UN EUWABp P SIT ITT I' Thank you for our attention to this matter. Y Y NEIL I .ADN G:uRINrY L roSPE1. KIMRERLY A OtINm Sincerely, OF COUN61 L BERNARD A FYAN, JR NEPSHLV, FA Susan M. Kadel SMK/mbi cc: Gary L. Kelley, Esquire Janice Salisbury MAY-31-2005 08114 P.01101 JAMES 6MMj DIETrMCK & CONNRIY I.LP Soln M "el kmeJ. iml,raJl4i cnM TAX 717 711 7771 VIA FACSIMILE 240-7890 AND U.S. MAIL, E. Robert Elicker, 11, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 P O sox 650 Muy 3112005 HEPSINEY. PA 17033 . A0,406 134 Sift AVENI)C WAAACl S10wN, PA gpyl TEL 711 iJJ J¢M WWW Jsuc CON Re: Janice T. Salisbury v. Michael S. Salisbury No. 97.4900 Dear Special Master Elicker: Owl. JANAco MAO J SMITN, in CO J " I am writing with regard to the above-captioned action and reference herein the Pre- A e e cg ScoR Heating Conference Memorandum that you issued on February 28, 2005. 1 can confirm that MA"r w c?eAL, III we have received the information that we were waiting for and would ask that, in light of that G"'10" K. PiCHAmos light Swum M, KACeI fact a hearin he scheduled JANADIN HANOiIMAN , g . DDNNA M PA"LIN Eowoo P Wei Thank you for our attention to this matter. y y N°'L L K CDVAI NeI L K-MilleLr A UiWITT WiR Sincerely, On CWNaaL 89MARD A. HVA4. JN 411PINCY, PA A4'0_ `art 444 /Mt.'k Susan M. Kadel SMK/mbl cc: Gary L. Kelley, Esquire Janice Salisbury TOTAL P.01 JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI1t', cn C.- V. NO. 97-4900 CIVIL :_ nr 3 nrrn r MICHAEL S. SALISBURY, W ri Defendant CIVIL, ACTION - DIVORCE LIST OF MARITAL ASSESTS AND DEBTS vi AND NOW, comes the Defendant, Michael S. Salisbury, by and through his attorney, Gary L. Kelley, and respectfully submits the following: MARITAL ASSETS Asset Value Possessed by 1. Defendant's pension from $139,273.18 - 11,373.70 = 127,899.48 employment. TIAA/CREF 2. Proceeds from sale of marital residence unk, To Plaintiff 3. Plaintiffs 401(k) unk. To Plaintiff 4. 1993 Jeep Grand Cherokee unk. To Plaintiff 5. 1990 Pontiac Grand Am nominal To Defendant MARITAL DEBT (Paid by Defendant) Debt Amount 1. Plaintiffs business phone 738.76 2. ppt 520.9t- 3. Bell Atlantic 4. PA water 5. Sewage 6. Bank of America 7. GE card 8. Blazer CDC 9. Braces (Alyson) 10. Braces (Wesley) 11. MRS (Dauph Deposit) 12, Van lease TOTAL NONMARITAL ASSETS 1. Premarital portion of Defendant's pension 2, Plaintiffs inheritance 197.83 154.02 727,94 3,198;88 2,221,94 1,059.78 3,450.00 3,420.00 4,627.U0 UQ0.00 22,637.06 11,373.70 unk. Respectfully submitted, ? i vv?) v. awnvr, wyugv LD. # 46801 It 19 North Front Street Harrisburg, PA 17102 (I 1 1) LJ3- 1484 Attorney for Defendant JAN'ICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBFRLANU COUNTY, PENNSYLVANIA V. : NO. 97-4900 CIVIL. MICHAEL S. SALISBURY, Defendant CIVIL ACTION - DIVORCE f) N r? :T! PRETRIAL STATEMENT PER t t-' _, 1920.33(b) ' -Tly w 1. A list of assets specifying: W r - r rl 7 ?n < (i) the marital assets, their valve, the date of the valuation, whether any portion of the value is non-marital, and any liens or encumbrances thereon; and ('ii) the non-marital assets, their value, the date of valuation, and any liens or encumbrances thereon. ANSWER: See inventory and apprni.senrent. 2. The name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be attached to the Pretrial Statement. The report shall describe the witness' qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. ANSWER Defendant does riot anticipate calling any experts at this time however, he reserves the right to supplement this response as necessary. 3. The name and address and it short summary of the testimony of each person, _ nther-than-the-portyrwhorn thrparty inttmttsYarnlt fCtiiiuT:nsit wiiness. ANSWER: Note 4. A list of all of the exhibits which the party expects to offer in evidence, each containing an identifying mark. Any exhibits that do not exceed three pages shall be attached to the Pretrial Statement, and any exhibits which exceed three pages shall be described. ANSWER: Defendant's pension statement, Defendant's paystub, copies of all marital bills paid by Defendant postseparation, copies of medical bills paid by Defendant of which Plaintiff is partially responsible to pay. 5. The party's gross income NOW all sources, each payroll deduction and the party's net income, including the par ty's most recent state and federal income tax returns and paystubs. ANSWER: See Defendant's paystub. 6. If the party intends to offer :any testimony as to his or her expenses, a current expense statement in the form required by the practice and procedure governing an action in support. ANSWER: Defendant does not anticpate this being an issue at this time. However, Defendant reserves the right to supplement this answer as necessary 7. The value of a pension or retirement benefits, the marital portion thereof, and the facts and documentation upon which the party relies to support the valuation. ANSWER See inventory and appraisentent. -•?.-_If there is a claiut fos counsel loorreha amount of fees to-hreharged, flie basis fin the charge, and a detailed itemization of the services rendered. ANSWER: N/A. 9. Where there is a dispute, the description and value of tiny items of tangible personal property, the method of evaluating each item, and the evidence, including documentation, to be offered in support of the valuation. ANSWER: N/A 10. A list of marital debts, including the :unount of each debt as of the date of the separation, the date on which the debt was initially incurred, the initial amount of the debt and its purpose, the amounts and dates of payn?ents made since the date of separation, and the evidence that will be offered in support of the claim. ANSWER: See inventory and appraisement. 11. A proposed resolution of the economic issues. ANSWER: 50150 distribution of assets. Advanced distribution to Plaintiff and any marital debt paid by Defendant to be offset from Plaintiffs distribution of marital assets. Respectfully submitted, By Harrisburg, PA 17102 (717) 238-1484 ---Attotrte5, f ), efundant JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 97-4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION -LAW Defendant : IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT Date of Marriage: December 29, 1983 Date of Separation: May 15, 1999 (Parties reconciled after Complaint was filed and ultimately separated on May 15, 1999) Divorce Complaint filing date: September 10, 1997 1. ASSETS A. Marital Property Asset Value, Husband Wife 1. TIAA-CREF Pension Approximately S 190,000.00 X (increase in value during the marriage) 2. 1990 Pontiac Grand Am $1,000.00 X 3. 401(k) Unknown X B. Non-marital Property Asset Reason for Exclusion Husban Wife 1. 2 %5 shares bank stock Acquired by gift from X father in 1993 2. Inheritance from Father Inherited from Father after X date of separation 2. EXPERT WITNESSES Plaintiff knows of no expert witnesses at this time. However, Plaintiff reserves the right to supplement this answer should such become available. 3. NON-EXPERT WITNESSES Plaintiff knows of no non-expert witness at this time with exception to the parties. However, Plaintiff reserves the right to supplement this answer should such become available, 4. EXHIBITS (a). Relevant statements from Defendant's TIAA-CREF (b). Plaintiffs most recent pay stub (c). Defendant's most recent pay stub (d). Documentation of Wife's 401(k) liquidation 5. NET INCOME A. Plaintiff - She is currently employed by Pinnacle Health Hospitals and works at Community General Osteopathic Hospital as a registered muse. Her rate of pay is $26.00 per hour for full-time employment. B. Defendant .- He is employed by Harrisburg Area Community College as an instructor and has an approximate annual income of $72,000.00. 6. EXPENSES Plaintiff is not seeking an award of alimony and, accordingly, has not included a list of her expenses. 7. 8. 9. 10. PENSIONS/RETIREMENT A. Plaintiff has no retirement/benefits plans. She previously cashed out a marital 401(k), having a nominal value. B. Defendant has a pension plan with TIAA-CREF COUNSEL FEES Plaintiff is not requesting an award of counsel fees. PERSONAL PROPERTY DISPUTE None DEBTS Plaintiff is unaware of any marital debt existing as of the date of separation and requests that Defendant provide documentation of the same. 11. PROPOSED RESOLUTION Plaintiff is proposing a 55145 split of the marital assets in her favor and is not seeking alimony. Respectfully submitted, Date: 0 By. / X; Susan M. adel, Esquire Attorney for Plaintiff, Janice T. Salisbury P.O. Box 650 Hershey, PA 17033 (717)533.328 PA I.D. No. 44837 JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 97-4900 CIVIL MICHAEL S. SALISBURY, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE 1, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attomey for the Plaintiff, Janice T. Salisbury, hereby certify that 1 have served a copy of Plaintiffs Pre-trial Statement on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID E. Robert Elicker, II, Esquire Gary L. Kelley, Esquire Cumberland County Divorce Master 1119 North Front Street 9 North Hanover Street Harrisburg, PA 17102 Carlisle, PA 17013 DATE: JAMES, SMITH, DIETTERICK & CONNELLY By: _ Susan . Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717)533-3280 PA I.D. No. 44837 JANICE T. SALISBURY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 97-4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION -LAW Defendant : IN DIVORCE WWNTORY OF JANICE T. SALISBURY 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 (3) years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false staterents herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: M "U8• Wee) Janice T. Salisbury, Plaintiff ASSETS QF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. () 1. Real property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options () 4. Certificates of Deposit () 5. Checking accounts, cash () 6. Savings accounts, money market O 7. Contents of safe deposit boxes () 8. Trusts () 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts (X) 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a parry with a company) () 16. Employment termination benefits - severance pay, workman's compensation claim/award (X) 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any person as of the date this action was commenced. ITEM NUMBER DESCRIPTION NAMES OF ALL I OF PROPERTY OWNERS 1990 Pontiac Grand Am I Husband 19 1 TIAA-CREF Retirement Plan I Husband NON-MARITAL PROPERTI Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property, ITEM NUMBER DESCRIPTION OF PROPERTY REASON FOR EXCLUSION 3 2 1 /2 shares of bank stock Gift from Father in 1993 12 Inheritance from Father Inherited from Father after date of separation ITEM NUMBER DESCRIPTION DATE OF TRANSFER CONSIDERATION TRANSFEREE ? 1993 Jeep Grand Cherokee February 2002 $3,000.00 Transferred by Wife to Brenner Chrysler/Jeep as a trade-in 17 401(k) Plan Cashed out by Wife ITEM NUMBER I DESCRIPTION I CREDITORS I DEBTORS Unknown JANICE T. SALISBURY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 97-4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Janice T. Salisbury. hereby certify that I have served a copy of Plaintiff's Inventory and Appraisement on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS. PRE-PAID Gary L. Kelley, Esquire 132-134 Walnut Street Harrisburg, PA 17101 DATE JAMES, SMITH, DIETTERICK & CONNELLY 7 By: Susan M.-Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 ? 1 1 '?. i ?, i ? .. i ?. i ?? I, i 1 ? i 1 ' ?. ? ? ? i i i. ?. ' ?. ? ? ? ? ? ' ('?f, I d ? ? ? ?-, ? r i i ? ? ? i ? ? ?r - i ? - y: ? . ?i?'i .r ? i ??, i ? ??55' a ? -- ?? _ F.. 4? _. = i _ .i i jam. ? n,. ? ?r cu ? ? , ' l N i .. ? ? 1 i r ? '. r I ? ?' i i I i i?. ? ? i i I?? ?, i. ' ? ? - ' ?. ' 1 .. ? M? OFFICE OF DIVORCE MASTER CUMBF HI AND COUNTY COURT OF COMMON PLEAS 9 Norlh Hanover Street Carlisle, PA 17013 (717) 240-6535 N. Robert Slicker, 11 Divorce Master Traci Jo Colyer Office Manager'Reparier October 26, 2004 West Shore 697.0371 Ext. 6535 Susan M. Kadel Gary L. Kelley Attorney at Law Attorney at Law JAMES, SMITH, DIET'rERICK & CONNELLY 132-134 Walnut Street P.O. Box 650 Harrisburg, PA 17101 Hershey, PA 17033-0630 RE: Janice T. Salisbury vs. Michael S. Salisbury No. 97 - 4900 Civil In Divorce Dear Ms. Kadel and Mr. Kelley: I am in receipt of a letter dated October 22, 2004, from Susan Kadel, attorney for Ms. Salisbury. She has indicated that discovery is near completion and has asked for a conference. However, before scheduling a conference I am going to issue a directive for the filing of pretrial statements. A complaint in divorce was filed on September 10, 1997, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. I am going to proceed on the basis that there is no issue with respect to grounds for divorce; also, I assume that at the time of the pre-hearing conference, we will not have to deal with any discovery issues. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, November 22, 2004. Upon receipt of the pretrial Ms. Kadel and Mr, Kelley, Attorneys at Law 26 October 2001 Page 2 statements, I will immediately schedule a pre hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E, Robert Elicker, If Divorce Master NOTE. Sanctions for failure to file the pretrial statements are set forth in subdivision (e) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. JANICE T. SALISBURY, Plaintiff t VS. t t MICHAEL S. SALISBURY, Defendant IN THE COURT OE' COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION - LAW NO. 97 - 4900 CIVIL IN DIVORCE NOTICE OF PRE-HZARINC CONFERENCE TO: Susan M. Kadel ,,Attorney for plaintiff Gary L. Kelley , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 28th day of February, 2005, at 900 a,m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly, yours, Date of Notice: 12/15/04 E. Robert E;licker, II Divorce Master Susan M. Kadel, Attorney for Plaintiff, filed a pre-trial statement on November 22, 2004. Gary L. Kelley, Attorney for Defendant, has not filed a, pre-trial, statement as of the date of this notice. J JANICE T. SALISBURY, PLAINTIFF V. MICHAEL S. SALISBURY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. ?? j_ LI (1(? CIVIL ACTION - LAW IN DIVORCE: NOTICE You have been sued in Court. If you wish to defend against the claims set forth In the following papers, you must take prompt action. You are w;.trned 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 ;my 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 the Cumberland County Court Flouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION 01: PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE' OR ANNULMENT IS GRANTED, YOU MAY LOSE TFIE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO 'E0 OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WIIERF. YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House Fourth Floor 1 Courthouse Square Carlisle, Pennsylvania 17013 Phone: (717) 240-6200 onnb)ly, Jr., for 11aintiff JANICE T. SALISBURY, PLAINTIFF V. MICHAEL S. SALISBURY, DEFENDANT To the Within Named Defendant: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 617- /?ico C:t?u 7i` CIVIL ACTION - LAW IN DIVORCE You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be home by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary JANICE T. SALISBURY, PLAINTIFF V. MICHAEL S. SALISBURY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW : IN DIVORCE COUNT 1 COMPLAINT UNDER SECTION 3301 OF ME DIVORCE CODE 1. Plaintiff is Janice T. Salisbury, who currently resides at 303 Hemlock Road, New Cumberland, York County, Pennsylvania 17070. 2. Defendant is Michael S. Salisbury, who currently resides at 354 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 29, 1983, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. The parties to this action have been separated since March of 1997. 11. Plaintiff requests the Court to enter a Decree in Divorce. 12. Plaintiff avers that she is the innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so as to render her condition intolerable and life burdensome. 13. This action is not collusive. 14. Plaintiff and Defendant are the owners of various personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. 15. Plaintiff is unable to support herself through appropriate employment. 16. Plaintiff lacks sufficient property and income to provide for her reasonable needs. 17. Plaintiff requires reasonable alimony to adequately maintain herself in accordance with the standard established during the marriage. 18. Defendant is financially able to provide for the reasonable needs of the Plaintiff. 19. Plaintiff does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. 20. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees and expenses incidental to this divorce action. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; c. directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite in Plaintiff's counsel fees and the cost of this suit; and e. for such further relief as the Court may determine equitable and just. CONNELLY, REID & SPADE Date: q- k - y 7 P. O. Box 963 Harrisburg, PA 17101 (717) 238-4776 VERIFICATION I verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Janice T. Salisbury, Plaintiff w„`• COMMONWEALTH Or PENNSVLVANIA 7, y g cu 1 4--01 It-? H 105151 REV $4O UEPARTMANT Or HEALTH VITAL RECOR06 C-Oj iv- Cumberland RECORD OF DIVORCE OR ANNULMENT © (CHECK ONE) H A ?k FILE NUM l1- SrATI PILE DATE HUSBAND I NAME fF,Nl) ALVU/I) of S ATE nl Iy ,.,/ Michael S. Salisbury AT 08-21-53 B H p RESIDENCE $f.Id1 Ur R, D. Crt y, BmU O/Ywp ?UUnfy 31df1 I PLn Ft- dfl Ur O/Irpn UnNY 354 Longs Gap Road, Carlisle, Cumberland, Pennsylvania 17013 At Pennsylvania -- -- - B - 4 M1UMBEH B. FACIE - T. USUAL OCCUPATION OF THIS 1 WIIITI OLACK OrHj ? ,, ?IVI + ® E:1 ciat A P op MARRIAGE LJ sso e r fessor WIFE x erAin EN NAME (fvlf) !m,dr/1 ) lLan) 0 Onte M)MIA) dy w/ HTETl3ERO W° Janice T Salisbury 03-08-55 _ . _ -- _ _ C".Ar, $Idfl L? Nf 51n ENCE $bdFl U/R. O. ca, . Sow. Uf TwP. _ 11. PLACE (Sul. U/ fU/IiOP CUUnhy) 303 Hemlock Road, New Cumberland, York, Pennsylvania 17070 R NT., Nebraska -- - I RA ?6nfa? 12 NUMBER (SP., 14, 1 WHIIfi B LACK OF THIS 2 E ) 11?JI Real Estate Sales A ant MARRIAGE 15 PLACE OF (COUrlfyl ($AN'B/TU/YIP^C.Fm"I IB DATE OF MUnM Iy YN/ I Cumberland P l i I 12-29-83 MARR AGE ennsy van a MARR IAGE IIA NUMBER OF CHID ITS NUMOeR OF DEPENDENT CHIL 10 PLAINTIFF UPON THIS URCN UNDER IS EWSBAND WIFE OTHER ISpduly l HUSBAND WIPI OTHER IBUI010 2 2 ? ® ? ? MARRIAOC 11) NUMBER OF HUSBAND WIPE SPLIT CUSTODY OTHER (SP-11v) 21 LEGAL GROUNDS FOR CHILDRENTO D I VORCE OR ANNULMENT SLj4TODV OF F7 ? 1:1 3301 of the Divorce Code T) DATE Or Of CAGE (MBmn) lDa,) lYua/I 00 Un TE Pf PORT SENT tibCo Y FB/ TD v1rAL ReGOR Ds 'a SICNAru PE OF TRANSCRIBING CLERK 1 I. ( l 'fill, bi IANIIs'Ali II 11111'l 11 lilt K& U ANNI I I) I III Nunaii M Kudel I-mall nnlk,il & cmR UAX 717 533 7771 October 22, 2004 E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Janice T, Salisbury v. Michael S. Salisbury No. 97-4900 Dear Mr. Elicker: On June 14, 2004, 1 filed a Motion for Appointment of a Master in the above. referenced mattee, following that, we indicated that we needed additional time to complete discovery. That discovery is near completion and, accordingly, I would ask that a date be scheduled for the Pre-Trial Conference. I look forward to hearing from you. Sincerely, . Susan . Kadel SMK/als Enclosure cc: Gary L. Kelley, Esquire Janice T. Salisbury I ICI VAI.W 1 LI GARY L. JAMES MAX J. SMITH. JR JOHNJ. COPOXI II Jn °DOrr A. DRIIEHICX JAMES F. SVAnE MAT rHEW CNARM., III GREGrJRY K Rlcuuror, SUSAN M KADEL JARAD W HAMA I. MAN DONNA M Mlnl.rl EDWARD P SVERrN NEIi. W YAW, COURTNEY L KoiHEI KIMnE.RI Y A DE W'. 17 nl'COUNSH MANT.E.Y DeaS A K1XHA68x1. I I l COIUMRWi OH BERNARD A RYAN. J11 MERGHEY.PA r ' JANICE T. SALISBURY, Plaintiff VS. MICHAEL S. SALISBURY, Defendant TO: Susan M. Kadel Gary L. Kelley THE COURT OF COMMON FLEAS OF 4?/ ilkV?, CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 4900 CIVIL IN DIVORCE , Attorney for Plaintiff , Attorney for Defendant DATE: Monday, June 21, 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. The only information needed is information as to the value of Defendant's TIAA-CREF Retirement as of the date of separation on May 15, 1999, as well as the current value. There is an outstanding Request for Production of Documents addressing this issue which was served upon Defendant's counsel on December 17, Q Ur I (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. It is anticipated that discovery will be completed within the next thirty (30) days and it is requested that a pre-trial conference be scheduled at that time. Juno 23, 2004 c/ DATE OUNSEL 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. JAAnN S II'I I I I )IHI'11•:Iilt K& Ct INNI I III 11 I' Suxwl M. KeJn1 Emil: amklLJnidL,•cum FAX 717.531.7771 June 23, 2004 E. Robert Elicker, 11, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Janice T. Salisbury v. Michael S. Salisbury No. 97-4900 Dear Mr. Elicker: GAMY L JAM] 'I Pursuant to the request for certification of discovery I received from our office, I am Y 111 J sM"" • MAX IVIl enclosing the signed Certification for your review. I look forward to receiving notice of a 1 I JOHN J. r 111 Scan A DiunHl,. F pre-trial conference date. JAMIl6 F SPAIIF 13P.A„ s WAI h MAtTHFW GiAUAI., III G11G00nv K PICHA110i, By copy of this letter I am also providing a copy of this filin to counsel for th SI,I;Aa M KAOri , g e D f d JAIIAD W I,A t AIAN e en ant. DIWPU M. Milli Il, EuWAno P. SLI Will N[l. W YArln Sincerely CouRIP,FYL KPFi,l, K ? irjarnl.vA DPW i, OF C L A e // MAILF.vFe;{j N??`?? (/ IIAL"I K?xIiAL Sn • u.C ? ? COIIIMBU,, w Susan M. Kadel SMK:hsd Enclosure cc: Clary L. Kelley, Esquire Janice T. Salisbury IANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION -LAW IN DIVORCE ORDER APPOINTING MASTER AND NOW1 Y/ 2004, 41-t Esquire, is appointed master with respect to the following claims: Alimony, Alimony Pendente Lite, Distribution of Property, Counsel Fees and Costs and Expenses. BY THE COURT: A* ? P. I JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE MOTIQN FOR APPOINTMENT OF MASTER Janice T. Salisbury, Plaintiff, moves the court to appointment a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1') Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by his attorney, Gary L. Kelley, Esquire. (3) The statutory ground(s) fcr divorce are Section 3301(c) of the Divorce Code. (4) Delete the inapplicable paragraph(s): (a) The action is contested with respect to the following claims: Alimony, Alimony Pendente Lite, Distribution of Property, Counsel Fees and Costs and Expenses. (S) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any, relevant to the motion, None Respectfully submitted, Date: // Susan A Kad 1, Esquire Attorney for Plaintiff, Janice T. Salisbury James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 (717)533.3280 Attorney I.D. No. 44837 JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No, 97.4900 CIVIL MICHAEL S. SALISBURY, : CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Janice T. Salisbury, hereby certify that I have served a copy of Plaintiffs Motion for Appointment of Master on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS. PRE-PAID Gary L. Kelley, Esquire 132-134 Walnut Street Harrisburg, PA 17101 DATE: Od -/O-O?1 JAMES, SMITH, DIETTERICK & CONNELLY By: zL? SusanM. Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717)533.3280 PA I.D. No. 44837 0 I i I /1 I u.r V. Y i I 1 I I n. TOUD 4075 MARKET STREET / CAMP HILL, PA 17011 / PHONE 1717) 763.1500 / FAX 1717)183.0200 NLII.IIIN I\(, January 7, 2002 To Whom It May Concern; The Homestead Group, Inc., has advanced $3,500 to Janice Salisbury for the purchase of a 1997 Astro mini van. We expect this debt to be repaid t}om the proceeds of the Jeep title transfer on January 10'. Yours sincerely, Linda 1. Melham Vice President PLAINTIFF'S EXHIgif l/irJla? ? wc? BRENNER Chrysler • Jeep 6039 Carlisle Piku.. Mechcinicsburg, PA 170,50 Office & Service (717) 766-1686 • Parts (717) 7660247 • Fax (717) 766-7161 ?V Bi W r ?l /JCS u r' 7 ?(A?r Ja?4,,1 ,(s/? M hI iWD IJAIA I. 1,IUCh NII -ODOMETER DISCLOSURE 67ATEMENT I' 'dash snit sums Shit. Int. it opplirlrbhy w,p itos that will Ihae the trdlegge ollool II'dlt ltel II/ ,nvl,vlhgl, h olun• b, rwtrplrte nr prlmidin,q it /idly erutenrelrt amt result rn im'1 aa11101? I?lqpn/+,nurrrnr. I, J.au 1 r'LI / .. 11nowfi ror'+ nnow, Print) II Illot the „ dollll't1•I' IInN/relllln VIII lelllhnl Iilden and to the LI•Fl of In% kli'm 111.0 d relleeln tilt, octnnl 1101mi le ofIIIv eohirle described Lvlaw, I tlk.th one ol'Ibe ILIIoWmp nlltlellu/11ts IM CIIPfkvd. ?.] I I I 1 11, r' LN eerul'Y thus. I,IA Ilse Lent of my knowledge the odonuler n•ndinq tell„rl. the nnonnrl III fulleop'. In exCIMM I n.n Tneehunicnl holitn. [..? 12, l hort,by ct rmt;v th:d. the odonletl•r mo,hng it; NI YI tlw actlod mileugo. WARNIM; ODOMETER DISCREPANCY, MM•7 --- IA, 1nFl POPY TYPE vuro /vertllrnr.Il,.lnlllli•nrll 6' /?.. _ S ?_. _ x --4 24r ? ./. W,? T I IAN^"., F1,11 i:; x InA It N . ?? .. /,INYCE T S'A4..*S-.I` row I l'.n NAME nlAnV;Trlon;?„AN In-','. ".'rrI I. CITY 1, "?,l,4t? ?o? a?oDoL IIArI ..?ttil•111. M Nr a . ' x THAW&FNFF ; ;P,fgATIINr ?,¢ ---- /74)70 --- - -------- -- -1AIC ZIP CODE PIiINTeO tiAML rI IANIa-F.NIi E'i NAMC. TRANSFEREE'S ADDRESS IST41SET) CITY 21R CODE or . x„ my T x„rms. PENNSYLVANIA REGISTRATION RENEWAL APPLICATION Mvto5tos-eef Step I - ODOMFI"EH AND 11'WMIIAi11,t INI c11)pol/\ 11()1,4 Detach the application below at the perforation. Please provide the vehicle's current odometer reading and insurance information in the spaces provided. The NAIC number is a five digit unique number assigned by the National Association of Insurance Commissioners Central Office and used to identify the Insurer. If the NAIC number is on your insurance card, please list in the space provided Your application will not be rejected if the NAIC number is not listed. If your number is not listed on your I D. card, contact your insurance agent. It self-Insured, enter "SELF-INSURED" in the Insurance Company Name Block and your self-insurance certificate number In the Policy Number Block. Vehicle insurance must be maintained at all times on all valid vehicle registrations. A lapse in insurance coverage could result in the suspension of vehicle registration privileges for three months. 51ep ? - OIRIAN r)OIIP t ON AWAI11 Wi a^ i i 011 ; I I Uril; You have an opportunity to contribute an additional $1 to the Organ Donation Awareness Trust Fund (ODTF). Your contribution to the Fund will help Increase public awareness of organ donation and help save lives. Since this additional $1 Is not g part of the renewal fee printed on your applico! , form, please add it to your payment. Also, be i sure to check the proper block on the form to mal.%; sure your contribution is handled properly. :;rep S - UI iANGE 01 Al11,k II_'.,:, I.1. .u.hur I k.,l 1. Please note that the change of address information block need only be changed when your address listed below differs from your actual address. NOTE: P.O. Box Numbers may be used in addition to the actual address, but cannot be used as the only address. Stop 4 - COMFLE (ING YOUR IIL- ALWAL A1111,IC:A IIUN; You must sign the form below exactly as your name(s) appears. If the vehicle is in the name of a company/corporation, the signature of an authorized representative is required. Use the enclosed envelope to return your completed renewal application, along with your check/money order made payable to the "Commonwealth of Pennsylvania". If the envelope is misplaced, mail to the Bureau of Motor Vehicles, Harrisburg, PA 17104.2516. TO OUR CUSTOMERS Our service commitment is to ensure that you receive your renewai within 3 weekrl. otach At Perforation PLEASE DO NOT STAPLE, BEND, FOLD, OR MUTILATE Detach At Perforation 460SO961003SAI 1J W4D2S0S7PCSS7319 JEEP ISM 119931 DJH0290 I WY 30'20021 00000 TIM Wm6° McI. 1*nuM opn Wm V.Mtl. hYh. Ty" V., M.1. 1101 Explr.E.n CeY Rp. or. WG CW1b.Or. M OJ.m.Wr l dnv TEMM511".nrc0 C.. Wm. NAIC N., In.unnl:. IWky Wmb.r Y E1MOev. C.Y R.RC On C.N 1(aL ft? ? SMre FAQ.n sw<?orc a o ?a9-B?o 9 4 I . bYA..b/al Iv.. W.h W cn?1 b 111 N FEE: 1 11110rV.n WN1o.AWY.M.c .IrNk./..U I E 36 tru.l fund(MT.F) 0" 1 .00 fTw..ch MLI 1 , 402211281046080961003600 JANICE T b MICHAEL S SALISBURY clly -- Sea Be c.a. 303 HEMLOCK RD 1 NEW CUMBERLAND PA 17070 nryc.r.gnnro....:xouwe pnn lh,a qua eery b.n mylnul YWUn.y plinp..r v.na.rpnlwlnn l.r LlM. it, m.urn.m Lem:I.J r.WOnubWt, limub.wq nr Ih..111.1101 .pn1WM v.h.4 lnr Ih. 11W W 111.4*011 r [ I ??ff ?+ ...6,?d9. ,da.Gol?.?'I? t /rrt?-?. j Jf;Blly?, 9/?r ? /0 • ZQ/J 94 . CAR ORDER Date I-Tr: Aktir}r-_ r 19 Dealer IJr"b,\/ce.''?__/?y1s.?r?.__:ii/t'?---_? f UfCllaS@r .?f•D./CS. 7.. ENTER MY ORDER FOR ONE Llw r T? CAR AS FOLLOWS: YI II MIN• Ma1111L OUIIY . .:' arc ! CGywe 4__ G6cenk _ LJ _ MOT•IN MU. n1n1AL NO ?f - tat oil - -- e1 I< N. ri _ iti-0i Nq. IV3;211 MILEAGE AT TIME OF SALE IS ICA, 01% ; lee, CAR SALES PRICE -- - E,. (?.`LCC1 t>v TOTAL PURCHASE- PRICE E t TAX _.._.?L1.?. DEPOSIT FILING USED CAR E ALLOWANCE LIC. PLATES ...--- ----.. LESS LIEN E -___.. - DELIVERY OET READY ------ HELD eY ?yv+R[ ._ ??) 7U EQUITY CASH ON DELIVERY u. TOTAL PAYMENT $ DAL FINANCED DY -- -- INSURANCE TIME SALES CHARI3ES TOTAL PURCHASE PRICE E [-?y 50 AMOUNT OF CONTRACT E '•?? Contract to be Paid In.. Payments of Each, Isl. Payment Due__ TRADE IN RECORD 1_4 tC-3AL4" 33JE)1 ? SOLD AS IS. 1 harnby mesa Ihln Vx Rha.n Fnuwlnoly wllhmd any guarantee, .,paws l or implied, by thlr Nlnlnr xr hit anav Gunluma, Slgnutma.____.__.-_____. FrI SOLD WITH GUARANTEE Wo Inn Jlnl.l guns Imeo rut car Inr 7e Jnye alley data of delivery on 110. Se futa I h i,-19 of port. A labor used (Owner pays hall and the We annual pays Imll III lent talon ul.t ll VaIIn a IIh unug All loyalre must be mad, If our .ervhq Map. We Ju not guunnl In. npunenmula to I lu r bran, ball .ry m nlu.a Dealer It blgnnl 'a NEW CAR. S.1,1 :1 le team y wouamy I have read the face of this order, and agree to this purchase contract. I hereby certify that I am 1S yoara of age or older and acknowledge receipt of a copy ¢?,lh is order. I agree to accept dalWery p -.. ,1__ _, lfl.. (.'7. .?C Buyer's Address 3._.. ....{ 1'e1,jfJ1k _---- "? 1ttej_. C?-L -..t t70-- THIS ORDER 19 NOT VALID UNLESS SIGNED AND ACCEPTED eY D[AL R. - ' -_.. Accepted by.. eA\IYMAN DEALER'A SIGNATURE CERTIFICATE OF 1"I1-L.E FOR A VEHICLE .866 O CD ?M W N V N 990320022001710-OOL 1J4GZS8S7PCS57319 'J "u 11 'IINUIU eblb4l rlll'In S14 Dl Ir"O) hli r r41' Irl ql ';qP 4/311/9 1 I 2/16/99 , Ir fn 11111 I'grl '.I IM1trlll' 931 JEEP 146080961003 SA I IJgNI: r11 '1.INr iI I'll, rVIIIITrlr NY " I 2/16/991 10401al 0 11.1 rll 1 li Irlglk IIIH MJ 1'lll)111 IIAII 'IU!Y^ AIII I'I'r rilN)IA :IIM111^, UIiIAUIH w"ill l I Iiml I 'iIIY/II I IIIIV IIIWIIiY xJl. 11 r!r,rnlr,:l 'I I, IVrv All ln I unrnnu lrl u I .. un. Nl.. 11Nn1 ,11 I IIruN ' Intl 1111: AI IIIA. IIN fAril' 'N)1 II?Y A1111I1 1,111{Jn1 r`d YJI I{I! IgIAPF1111111 V11111 .1'II . I.11A1'I (INMA 1NM 11^I.II,r1 N/hl ll?illrl 0 !."I 11 V, Ii r'NYll I11:., 4r IIr10111MNAl A • NIINdII V111M;1[ JANLCF. T E MICHAEL ': 5 rl. _: '-- 11 . .) rA80K N111UY L1 M1rl)1rIxN V1INIIP SALISBURY .. .. _ OI;I?Igl;lgi'1r111I 1,1.11 303 HEMLOCK RD IM1!r 111111111ir l xlll : f "AMT ,111 ; NM1I Hu 1 L 1'I A NEW CUMBERLAND PA 17070 ;"„ All,.,r "I' , x - NU1f.Er Ixw i NEIA)V A Ff 1x11 v{Irl!If V VFIIN:IL IIXI NI IA1111I 11f 1114/111 VIN I: w- I lV llrl Ill 11 I-A'/1?I11)F SECOND 4EN FAVOR OF l"'A Y . IMY/AIlL, A!I -.--- II x VI WrJNNJAI II IIMIN Mxrlr lITTIVNIxx1 M 1Iw V,o I1n11, 1ne Wrl INnlvdlm m.W Imxgnl INA ?IIY WINO llrmeu nl µum Vunnn:. nrx, n!f Nr!,111I 11 Irl II!e'111 ?_ MNI!rryLlxlx llxix xlY114I. UAII: II'---------- 4RCI•WU LION NREflA6EU AUI IIUR11LIr III'Vlry.lil:NLAI IVIi DATE IANIIIIrr ql Nllll.'rl: 144008 JANICE T E MICHAEL S SALISBURY 303 HEMLOCK RD NEW CUMBERLAND PA 17070 -1 .I,n 1 1 i r t! o I nx e rl "n V I. . .. ..... I r I, i I• LI„ 1 u ll il nr ur ri x, 11 A ` Ill 1111111 1, A l)NI. MN IIY AUMPOWFU BIIPne5rNIAIIvr _8 RADLPY_L__XAL L OR Y s"IdAl or IInN.IN..lati n II II VII P1101.,al nthar IIsar, Ynul 9pMl0o IN IISInA rllxt VnU wooI IMx Illlp In UV Ilxlad ITT 'Idol Tnlmntx Wnll NIdIC of ,vivou:hlp" IOn dnnlh re ono xwn., AREA III In xlnvlmPU nwnnl) CHEQ4 HENS 41 Olhemlxx, 1h. mlx ME TV lxxued uR Tmumlx m Culnnr I., IOn dnlllll'.I rnv nwrlnl xunmxl M dnllanxml nwncl gnue n t"'A m PIV.. nl ...:Ull I. ,IT WNOAIV u''wn nery. I.IrLr.N Cil III:N11U11iL11 li llllP.I -???- f,IIY '.Igll'. lll' f INANl;lgl IIIGIII'1110N NUMIIFII !NI)'JtlN OATI! P•IA IJ t'T'A 'Al ? ?-_`- ;AIII ENIIIlum, .-. - . _ .._ NIR4vl ' 1',II\' iIAIF ;IP I IIIAtil At 1111. I r 111111' II II I I,111 1. 5I II I AI lrI I I J i I I r,1fJ r.l r.Il1A rlll "!•?s"_ 1 Stab Farm Mutual AutonaWrr Insurance Company One Stab Farm Or Conaordvllle PA 19339 556R -6224 A SALISBURY, JANICE T 303 HEMLOCK RD NEW CUMBERLND PA 17070-2855 Itrrlll lrr 111 11111411111111111 l111111111111I1I111111111111111 Your premium Is based on the following... 11 not correct, contact •grltirrc; u.•?a:r1N?6YiVYI?IrIM?^r•('?;..'•!a'?cr1??4,wav??w?ry7??v,??v?.?cr. 1 1993 JEEP GR CHEROKE 1J4GL5827PC557319 Premium Reductlone(by vehicle) 1 Multiple Line 32.1 1 Air Bag 1b.4 1 Accident Free 27.8 COVERAOEB' 7 .. t. ?g:.; VP rrj.'C!?e' Ses II for ex lanatlon of coverages. Vehicle 1 l Liability,Bodily' nluryllDDi000/8 D 0 t7x? u " . Y, `2 1 ! ..:.a !f r---T' Property Damage 50 000 Inc 1 uded :"iT""."? aordin"erv r-uloaio'aTee+Jriie`?Qd3!d4'?i1? ?: I?'!'?'?""1?'?`""?'+'?t ?",`.ir Funeral Benefits 2,500 Q7. , ' Metioai Paymenb:d d0rd1 °_° Comprehensive gib'. ,.,.. ,100 l)eduoUble.Colliaion •...v?., i Emergenpyy Road Service iE -n-. WCar RentaVrravel,Expel e' '. t atnr"; :ISi: s THIS POLICY PROVIDES FULL TORT OPTION. rho laws of the Commonwealth of Pennsylvania, as enacted by the General Assembly, only require that you purchase lability and first party medical benefit coverages. Any additional coverages or coverages In excess of the limits 'equlred by law are provided only at your request as enhancements to basic coverages. The premium for basic liability loverays of $15,000/30,00015,000 and medical payments coverage of $5,000 Is $93.12. 3ased on your driving record, you have our accident-free discount for preferred customers. See reverse side for Important Information SCOTT SAFFIN Please keep this part for your record. (717)761-3589 AUTO RENEWAL POLICY NUMBER 22 0129.810-36 POLICY PERIOD AUG 109001 to FEB 10 2002 DATE DUE PEASE PAY THIS AMOUNT AUG 10 2001 $346.36 Your premium has already been adjusted by the following: 607384 BUYERS GUIDE IMPORTANT. Spoflwt pradew w dNReul low we Aak Iw *dw b pw W pwnbea In wrMns. Ksap "fww 04WAger Q 17 1 UF419IuX ?613*;CS7/ NOOK no We M0000 owa? nxe careen n?...i WARRANTIES FOR THfs VEHICLE: ? AS IS-NO WARRANTY YOU WILL PAY ALL COSTS FOR ANY REPAIRS. The deer ewann no nyronsy Mly for any Repels reowdsss of any oral doNmenls about Ire vw . 2 WARRANTY ? FULL ;4ILIMI ED WARRANTY. TIw dWSr wM pay{,.Q .% of ow labor aM!-O % a IM wis br Ma covew symen clot 1d durbl/"M wily fserlod. "Ire dsehr fen • ropy of a" w only document for a full eaplarrallon of warranty oowrps, escbWwla, and Sn deals/ npslr abYowdorm Under a%% law, Implied warwlbs" may /fro you oven more rlplNS. SYSTEMS COVERED. N DURATION: tGA?f?c0 rte??RIH?SSrIDA/ 'Ile_/ e 36 O SERVICE CONTRACT. A saeloa eonYael is etasside at an *we &m" on go w>I ad Ask for oto deduellN. prloa, end wlabnlans. I you buy a ssrrloe coftecR wNINn 90 drys of IrapMd warar W may ow you addNk W rWft PRE-PURCHASE INSPECTION: ASK THE DEALER IF YOU MAY HAVE THIS VEHICLE INSPECTED BY YOUR MECHANIC EITHER ON OR OFF THE LOT. SEE THE SACK OF TWO FORM for ItWwtwo addWaW Ydormallm, Including a M of come r"a w a I pis NW Inn occur In used mater al b 4m I per+.ana. f....tr DAIMLERCHRYSLER SERVICE CONTRACT APPLICATION VEH ICLE AND PUR CHASER INFORMATION Y[IrICIS IOFNTIFlCATION NO 'IN fiFNVICE DATE all UR aWIIE LL UItvd PnUUUCl000E OIx1ME TE li MILES aM FF-?7 HI AOMO AND rvPE _ YES NO L, tNa re NT AS) Y A mant.3131 aSlInAllf NAME UR COMPANY NATAL all nq n M M -? ? ^ r 1 W A ORE ? AD RE SS LINE 7 - -' CITY • li"-ix/NNISRpa- SPATE EIPC7UI KUSa TELL l3th*)NE No PLAN INFOR MATION e • MN NAME PUN 1,01111 CUSTOMER PAID AMCANT !;_AAIS I A X TOTAL II,W) T11 im AMOUNT OOWN AMOUNT FINANCED L `. TOTALS --A FILL IN DEDUCTIBLE CHl.C XWX PATMINTMDHODEEY ' AMOUNTS rnX m R DEALER RAPID REMITTANCE Xr -- PAYMENT PLAN ? CHECK BOX for A DEALER PAYMENT PLAN B FINANCED WITH VEHICLE ECTMNON Ts ROAD HAZARD TIRE PROT 137aTM PLAN 9Al !i bATE _ THE TIME AND M = IMP IS OF ALL NEW VEHICLE PLAN,; UE(IIN FINANCE IiUllliEE J:OMPI I. I'E nNLV IF PUN101 FINANCED WITH VEHICLE) - 111CL AND AT ' iHE. DATE THE VCFiICE VJA': FIRST PUT IN SERVICE AND ' 0' 0 MIL ILES. - - - TIIIPVn TAMP rrJFJUC 70 PURORASEH...... Your nine the plan and UIe actual service contract Indicated above has been r Yes l7n?ll oti if in Is approved by Dtlm mice Contracts, you accept Its terms and conditions. Pro-Owned vehicle plans hnW be purchased at time of vehicle sale or within the 3 month / 3,000 mile Limped Warranty period. This service contract Is not required to purchase or finance a motor vehicle. New and Pre-owned vehicle service contracts am transferable to subsequent purchasers prior to expiratlon date or mlleape with contract owner's authorization. 'NOTE: WHEN THERE IS AN EXISTING WARRANTY ON A VEHICLE, THE CONTRACT TERAILWILL INCLUDE THE WARRANTY PERIOD. REFER TO YOUR CONTRACT PROVISIONS FOR A DEFINITION OF "IN-SERVICE" DATE. Puui]tn ?,I_m X f,?J [)ATE _._j•.,.,.,-.L..?? SICNATUM- >-:./I'UJr i ?C? G'_vfA(1fL__ `HON[ Your SIgnil ure On this AMr1 elDniRoe that. (1) Tnl,l veh¢la quallhois TO, the SONICe Contract, (!) You have ANmwgT Iha taNwe Cohlrart with the DurCheger, (3) YON aNMelrvefeOl, ??0pyy OI this Iorm M ale purt;haaM for Mo l,,,Ont Vol, have recortiod on the fpm, (a) You wYl ppVlda ieNico TO Old purcnaear m eculldllhr9 wah the pnly IDs come Service contricl UeimierCh sier we laeue io the purchaser, !51 YoO have reviewed the Dalmle iChrysler Service Contras 1 Dealer Gwoe and, 87'"1 L) 4E1de ,t,,1, Act and procedures yMdhod Shen 191 DailMarChrysMr may ear off any money a Owes You to relmbuno for any Clem due W a braacn oT mPreaentnbnny J 1 / I IMPOPl TANTI Xnn npm eA nvs. glolor or 'e vehlci0W orlm em Jane, vehicle, peed win a :Ina veTabel, a N with e ar TOLL: FREE TELEPHONE. ASSISTANCE IS AVAILABLE 8.30 A.M. THRU NOON OR 1 00 P.M. THRIJ 5:00 P.M. EASTERN TIME MONDAY THRU FRIDAY Pet 110)01711 Rr 11/001 D.ImIerch,plr COraarauan 3 TO OWNER INCLUDES powertrain component coverage. • Engine • Transmission • Drnreline 1 Oedlxtrble Per • $Sm Towing Allowance • $da/Oay Ca Rei Aguw,vxt • C*)dar Bbdu and all Internal Pam • Cylinder Iliad Assemblies • nmsog Case, Clsain. Gears. Bets and SprmdM • Harmonic Balancer • Ot Pump • Water Pump and Hawing • Intake and F"rut Manifolds • Flywheel with Starts Ring Gear • Core Plugs • Valve Coven • Oil Pan • Turbocharger Honing and all Internal Pam • Tunbodurgerwaslegate Actuator Sagercluaw • Fuel Intention Pump and Injectors (Excluding dogged kyecson) • Serpentine Belt Testsloner • Seals and Casket for Listed Components. 1 • Transmtssipn Case and all Interim[ Pam • Torque Converter • Fla Plate / Drives Plate • Trammervon Ihange Switch • Transmission Control Module • Bell Housing • ChB Pan • Seats and Casket for ustM Component. J>t?alr?lar 0alM aarmnaYlgr FRONT-WHEEL .i • Tramaak Cast wd all Internal Parts • Axle Shalt Assembirs • Constant Velocity loinm and Bcx& • Front Wheel fleanngs • Irmeremlal Cover UI Pan • tramasle Speed Serwv • Trawuk Soler"d &wibly • PRNDt. Pwbw Swmh • Trama0e Dhectronc Controller • Torque Converter • Seals and Gaskets for Listed Components. Aad I?ral? C1tlM wow or?Mlayre • Ill Aar Housiri aid all Internist Part, • Axle Shafts • Axle Shah Bearings • Drive Shah Assemblies • Dnxe Sluts Center Bearngs • Universal Joints and Yokes • Seat and Gaskets for Listed Contrionerm, • Tram," Case / Pawn Trans* Unit and all Internal Pam ' vim Coupkr Ram and Rear Aide Honing A%wmbRn and all Imemal Pam Rear Otwelar Module ' Aide Shalt Axle Shah Rearings • ("lard Vel" rams and Roots • Dnve Shah Assemblies Done Shah CtWer Bearings ' Universal Joints and Yokes ' Disconnect Housing Assembly • UHeremial Camer Assembly and all Internal Pam Output Sall Bearing and Flange End Cover overrunning (lino ' Vacuum Motor 'Torque Tube • Pinion Spacer and Shim 'Seals and Gaskets for Listed Components . No. A . R1T N)FrRN1AYilOF4ML)N AT TMATFU erm XW'I I* Nla.ll NA)01I Yr All RN11 Iw,l 5197328Bi? LIEVRLJLET TFITT'I I 13A93 ie 1997 t- I u• A.ln..l.rnr n i , KHL'AE M M%ir 11p N N)MIif II E x r a wYVIkW ( y ? ? ? A •)? 1flF11y?XVB13 II ? F u•.a rX lJ (IIMXX) NN XXI "FAT IN /ry A JEEP LLC. MIAMI. AAwnlru 131TSiM At AT Be LLEN 1 gllxl• In. IAn AOA IMfIIV II•• r•II• m r•vrl -711 L` I Not NAME (Fill RAI g1/gWESS NAAAFI IMolt NNS WANT INIIN nAn NJAM001 . 'f • 9f?ISBURY,JANICE T. l?lif y?N] i 12 """ Y h1/1FEt xlNly tAxA I 303 HELM nV J IIblra - C r W LL L "fly np WIDE ', IFN Ir) uAMrv uXY rf WW CIANASM PA 17WM vmn w'NV a IAA, Lw u IM UTT", wr 3? , O INit NM1F.TIN FIAL MI:iNF:1i NAMI 1EtlR frA1,E /SOLE INIIrAI ZE AfaxpiEDr R/I A IIAnt 11 IILybv1An? RM:orulN Na ?? 0 u 1'lenllASE a WON fill: rt M1 4 M1 1 ' 0 ET r XN1 I %_F r 5 Ullur.uer KN] { ? I Fus p ._ L 1 K rXtm+n •_._ W{I - - -_._--.__ R t I1 V STAiI' !E'GIAN IK 1111 n1r i)Xln raiY I ni1M'.MI, YkIYa'iY • INr u P r TrYviiI.- wQ E. MME(x Vtillnl t. VEf M:IF NN Ni1Fh:A1)(w MMBER hno Lr. PVA AM xxl YFNI LACY IVII 011 IF I I"I Y INAN) - fAlll I. I Iv,X:N INp F. xtx?NA-RAIL IXrar Qw ;-] ?WI SFER IN 11i F VN%Ia Y L55Uk01lAlF v1 PLATE LOBE IBM.EOeV I_j INAM-4ER 6 RENhWLOF VL.ATF L A? e73.ee CIF 11,11 I I 11wa;IPEII A lit RAF.EMFNT OF RAIF . SIAVAA,Mlli ak A1, tN:FAnI rILWti1H1IN AE 61el, ALEI I tY tM r I,rwA n .AFi1 1?N S Dian NIwAYN 873 ? EXCIIA 0BRATE TOW r,+ry ratT?^?. 1 IIENJ)Nf11 N I1HiIa FMENi v M IPMT, .. s1::e Nx I 1 (1 11 (I ih la.An L 19nXEN KAT TF AY fMi I IM 1n IUr F IrI YII NMMI L I Y E A(] ffY ,co ___ O FU L K.ENi IrA 11 WTI IINE_VE R IIF(EFlwt_I li k"'ki Ju _ .1. lrlr All'Tow,_rrEYMn FIAnIMV 44 ._ -.-r-. RUNT IIdRDHUM 11114 it rVIN W Mil"At( (ti I, Il IIXw.I,yila 1110 ? WIhAf RNF i;+ 10ONMO IiMN:r fFwarn lE (11r41i 1r1AN N'PI X;NITI _- rHtIAlYX1.Jp+IU N,iAtNl.. VEIMAER iG10.SE0 OVWR IINI NMNWtMIIIT NEU 10 CJI(Il WY 111 )Hrfl O f9N) 'IUMN ? IF 4 wNUAEFO W AI) WT III' ARlX.NAtI L N+R .ABIFI 1 . IXi P41,V FiFECIIVE ,,,* xx Y E XFitnul, X I)J I N I C F MOM AT,/fAI R L)All IGA 1779-F15 3811 11i ? <C 1?L ?ie1 ?A . Ir+I11N(. I L.EIiTIFVIFMT (FN FAA xanl ro Iln Vime?• OA. N.I Ni FnOaT NAMFI r I Ii !l E _ . w.ENT N() eolocrmlANN1 rrwurl NIENT IruvEUau nnH,I i,N;uFvnNad J R CA JEEP L. C. 'F F - IE ) TEMRIFiNN fit ql r1RAIxNY IT) Of NLM gHn.ANT M •--- NF (N6 JIINIr dwT `yblN yl LU1MW I'rM1PI Wx.F WITrINI N'FUiIAIYf IY1M gMti OF 111P V41p.1E U)L4 (M T° ° -- II :NE N1 If FNK L NN) UEIWIIME NT Ih r1111.nR(fal. 0 I G IWE "FNOFV (FIAT I/M FOwF FXAMAJEO Ne)'41Nt0 IIF; FIY.M N IFN IM I16 11 ININ W, Ir 1 111E mAr)NMA1x IN nmeN xi rnuF MN 1-r NIHECi i ANEXFMeT1ON ]i_LNMFDnIFRJFITCOIFUmIkR(,FInIIIt ,HOT 111";10T, AIIIIX Ytlltn III 1 I AIM Rn1- I At MFIII IN I IN AT xNFAi, INiF P4V bWt MAI I n' F MYnXAi 1FF Tftl flVA FliF_15, 141 iE,VAf RF6n;n1ARIrNI:iI FIX? FAVIRF In MNNINN 11TAIN W. 10 111N',n'Xd1 .x] Ilrl IIIINNFNII'I REMSU HEn AIM IF `011 111( Frfi OF nh a3tNAIHW bill MAN I F FHAI M Mn IF 00 it 1 III A FIN! NOi' I I I I IINI. r•n.U NIII IMI101 XTNMI'Nr rN. NIR TITAN TW) 'FAN-1 Fist ANY . FW E lot EMT IIUr1 wt MAAF N IIII I I M 'iy Jl ll lu}+ AI?1'?(v IE(FRMlif"I M1,1 ? ? A ? A 9M:N . ? ,w ' ? ? ?? - 1 ? r f p 1, L Nr 1 A Im+x+l ,N! MENT ?. (717)770-2Bts qxv It r,1 'o :.NIX 'X '+n)rMM1rrn M Bn:n,I NrNmrw.r iw A.,N.vrxl `X... FN) ] T FI FI%1NXalI NIAIabi 'inprlllrrn d AYIVON- _.._.. _._._... .. 1 1 __- MFNi 'ihlrmlurn W I:O NrTPrMrr' TiINr nl AAN.V.xI'yW'r ':pn1I10.rn rA r r, rrrn - H. NOTE If a co purchaeor other than your spouse is listed and you want the title In he lister) :w '.Joint Tenants With i11yh1 of Survlvorshlp' (On death of one owner, title goes to surviving owner I CHECK HERE' I Otnerwlq e, the tills Y$Y$Y$ will he Issued es' Tendnl5 In Common' (on (joath Of ens owner intere4t Of rferealoo Ownar goaq fo higrher hglrl er eslale( N)IF IF 111EVFIIIr:IEIliTolilu'IFbNiAFAITrlIFMgrlliiMSEUVFHIIE r'.lilr.X 11111,IIIrxii I IFINIAKL'tr;NrxFn iOMPIFIF AM+aRMal FiN1M AIJ A. Il pnnnp'.ungwnri71, pare m nrel MESSENGER NUMBER' w1111R I1MAUn Ppr,Ul I, li.l .I AMI ..'f'l IIP,II'F11M1. 1 .1 r., .r ,I If .J b J D6FIAHTMENr OF TRANSPORTArION CERTIFICATE OF TITLE FOR A VEHICLE 99047 901740024001259-001 1614E1 19W 19W r%V ?rB1775.11 I .I A1. 97 CHEVROVRa. LE vklnr T lr 519731 32b11 r,86 02 RI i1.rY 1, 41,1 Ir SW , 0 1 1 ,I,n l MI 1 „ 7/22/981 017508 0 bQ. lrvl: 1,. .,IT-11 .q e.u INN I, ullk r'IN!u u'le5 rl,u ,. u. 5t118/9A 1 7/22/911 1 1 1 WlIA mnu Oxll lv ruWl IIIn Al fu Nruon oY•M. r,,. vol unl mwnte RI1?11111 ARO LAMAR RICKERT 6 !C I A A DY-LLW-EE 220A LOGAN STREFT CAMP HILL PA 17011 ?.ARr lue .?l.rlo ". .awnK. m.ru •,r. q..AU r.rMt?krrKlF ' n ii'll?w Inx "n .Ian„NV , .lRRKlx elnx vlvae .. ,IMI]Iwl rtnrll II .III I:CRIIr TIf 110 5 rl .',Ilrfll loll rvr;vn RU Unrrv v-vurv il.n NliNl .r.r ..rl r.su wA3u vine r a n'' '+, rr I, nrGrvYl UI N1ANIDrr I__ _ u DAUPHIN DEPOSIT BANK R • N VIII WYr YI IY r M In.l ?I a "?^°w?i ?^"r??+P!!?i Ml!1Mnlna wp v.me.wly/ nnsl ueR UFlcAti//oL///{j?/?//I ?/?A? / '' !lRm9RlIlbrnl.n0 ? I , IJ Urr. ?/ ? •nr.rCG101 lR ykl ^xRFer.re..r .vn •?-.-_.- All. r U kVllE 11111V ??-? 1 r _ ? .111111 RI/?I?Ilf l'rir ??rrr Arl'.I DAUPHIN DEPOSIT BANK 7607 DERRY STREET HARRISBURG PA 17111 a mA uYl mev., RIMICARIFU aNO vx`Iv ro"Flvrc.R BRENNER CJ, LL © / N G„AUCKER 4 95.9238814 BRADLEY L MALLORY 9NIIIIIq nF ITRIIrMI11tlIn0 ^ .1y'N Im rI'. wN Y m maw, 1., Ax, q.r w'.... rr,,..n a •. rylm II M II, N-I n r M'Ynl r.M wiY M'. ,xA u 1w . 1 ? r 1 11 I 1 n . r,n M?y rn I160to/ fI1?-rN67?1 'r^ yc ,I??,x6GQ ' Irn.n iA1 r. r i ..,.I,F Ir II,/..r,?nr.MI,Wl?.,.'.riv •.n rri'r I.,..,, rep -,•?.,i.nl. r.n r?, 'I?Www Iri.,.i..,I _. InlA.l yrl l ?'Lh r .' III ....I VI' ,.upr .r N• • ..?. J. I.Ii+ r N.rr 4'?I. r f. Mllpe u:rllN ?xn, rvAUl I. rANremRO vrNrlen r . enuM n.mr clonal r. r e.1n I nn i'1'. i'?1 r _. I v I U,I?I??AI? 4115 MEti Ilrer. , ?.,-wry: d r n.rr? r n?, ,4 r.,rl lI I rllll I, G ?P 4k,1 Oq 1YAF 11P nn fl XA 00 Imbhiu.#-FAW r .. OF TITLE tiO'ea: I ?' p. ? M rli • yl??yI?11 4 I .rw..rr lrvyu, ,,,..,n.nru.ny. rnw w. - ^ m .d.a«»rrlM,rNx..Xy,,,..,,.r„?,„„ --?NNEBfeHB._8L}:RJEEP,ttC ? -- ? PMYn.,rq,mur.nrv.....gP ual„ Y _ W aa.x M rn rnY,W rxr,. n --- - _. _ , 4W.MMrrrl/.MIIr, Mnn WYNMUI vr.4r rl,p{yN rrr -.. -• --.._ Jj ,Inwwar ur.a,wwq,.rny_n,rx'r..,r r.auneMOarMlru...vy nManr ... __ _ __ 41 _ 1 ECkU1l11GSBL'F14. PA 1'1iI6tl TO R[iOllE Mk r - ? - _ i LISTE .u•. cl 7 r i o) n, H-a- urYa.dMdlMlNbrnnibmn,.Xn.r,rrl Y1rylrnrlnn nr r.l rbv .Mrx lu rru. r `/]? +a.nYN...,,xr n.,fWM TRn. IW ( ] YIgRM,r n•NnMr nrW n., Nrer ,. r W.NNNrr rw xlyrvy varCa NwMa MMnnnl M, "nrr• Nr X n?N IX'1NI1 ?? - SUBSf•RIBFU ANU SWOrrN ?- TO BFFORE _ ?r-,{?'?-? nA ESS ONE Y 4ND " 14 - --r??.? :^? rMla.InJ nllyry OV .d,rtl rnly.%rM bnVy orM d O4 rrYNrWInO IW V. It rMr xnJ n.AKw IM.nNwm M,mwn, N, ?a„Nln rr,.T,nl..M n.,,x I_? nNOr,rn MxrY r»N IMx Nmw MrWa?IMl?rr.?a._li .????.,,"„r, v rr r n rnxlv.M mMx « •a.P.ewny - SUBSCRIBED ArvG TO flEFORE MF NQ7ARIZE UNLESS IIP11r M, a' rAmflY ?! ry DTI y ?? m N'Y?Y.alr V ? '! P' .r ?v..f NrC1EN'?nC1? )IAr',1 ¢` 1Ar 41 A. w JL„r1v, yIW .IMr1. I1r. KylMml,yWn ly v?rlC nlry, OM nl y,. 1 M,° P41FU,Nny M,4 n n xn l ? urwxn M,..r,PN nNIJrM { nnnrav 33 vw:bnMr aea.da marn.r,.I IWW ?.? Z, :11,% arIM J,Y •M WWyn rM Mnwnr Mx[ ,r.MYrM M,CnII MM y rn err Irul SUBSCRIBED AND SWORN--_...? - TO BEFORE 148 NIY NOTARIZE UNlE88r91aNEQ 1 IN pl ^FNCE OF'A ? *I`A 4V AND f I PGRCHASER'S NAMpl IS,LISTLD <AND SELLC-Fi 13 A EIFALEq IM I'Irrlrr., J61` rVl r, !1 INr9rM1.119 xµn rl 71 -- - - - n m U A-- a ti,;iEn Mir Sl VV- nnry._rrPr-._- - y m ?WJT "HA "FnE . M? u aNx?.rn. _._ yNOI'H Ml ryry/C IJJIP wN- I uu, „1rr I , ,Lrl .rl rll ? _.. ??lllll?e bRL iNAl4K Il, ' i r I 1 1 A I L 1 1 A'ARN L _ I L ' _ A A l l V _ I 11 IIFIN(I N^W Chrysler ') Jeep HOT lq l'.IIII, l l' 19Ar • rNr. h:u l I, YI1111F, I IA 11150 . 11111 iI,h /Pr f, lW.IPRI)III W. JAN1CF T SMISMIn' 1`717)718 c"15 1 Till Nor0%NAI1HANrY 3cl- oft. M i` Alp14/! C1CR RD. 11171 763 75Be I TI ; ly? (Z1? l.t:w I .I rM1I 111:. Ur'Pgll ll)N v IU 1'41111AL1 P. 111 NIIHI WAN •fl IlAllll l'PgLI<I 'IN mw IAIMBERlWD lilp 1`1071` 11 I 1 n11:111, I'IUUI'I:LI ?I p X rlN i II1I1) 1 I1'1.Mrl Nnnl rIr 99 iLlEVROLET tlitiTRU VRNi Ir .1 -- RC71RC I SOWN T?Sl °Jq 1 titk.l. ! 91CX V 013'7511 •? rn Iuen4 I1nr I1r _ _ __ 1 1: II.11. ?? 1I/ tilt l: Hr1 .. •.. .. Al, Ivnnxnllae qln Ina TWITAIMrle euR1 bslMy nt. IAnre . rnrfa I, Ih. n AmMUaurnr III. caller I111FNNFn CHNYSLFP .)FIT' I W hnnby npwnulv'6m rmnm Ili w nn1rYC nOhnr ayrr . or ..... 1. n InrLnS ., i-owl wnrw10Y ' nr n:hunlubtlny I 5lrnrnn Inl n Illllllu''1" yrxlnl aA PIICNNFR (' 1r1!,l PH IFFP ( 0, i.rirllrrrl .r elltl Harr rnllll?I'll.. 11"Y 'IN" Prr rr r:r rr rl'rYrrrri?r l.rr nl .Iry ` It"" t, .11 I rr ..Hall.... vrrlh 1111 M1nlx .. 1 Ilxe J.", I II yr1r1 I Ihle I PUIr.rlM Mullin IYII r I.III/btl IJ rrYJ J.IIIVXIY Ili Irxh vrrnrr lY Onnllnn. Il.. rl Pl rla n.n?,1 t rrw Irl elluflj,I IIn....if. Ui. y? Il . Ill. I I111;rn w I b..l 4 I LI ?.I1?V I N11 RII'IIITIMA I I )N Y111111FF OLI THE IEF. UFIIAI IIIAIII .nMMI -.l )NI WWUI IVI IOHM l!5 nnl Ilu t A HI I MINI INFORMATION ON NIL WINI )W V 111M OVFHH11ff', ANY I )NIIIAIIV PH UVI h)N.i IN IHF CUNIHAI. I' Ill ALI R ll-haAar 0q., mu Mle onlM k¢AAyn x11 r)I Itx In .5 .mil r rtlllnn; or brnl I'll, blrn unit TOTAL SELLING PRICE u o 11In l 1 A II tl till. ,,t n) 1 1 xPl • ...... nY ),.I, n I nnMMl Anil ft, III Ill. Ifil" II 11 ....... Ihn n, ITT is I n 1 1 Yx Ahla n l I Inn "l?"' 1 1) semanl re iski M Ina TRADE IN " 1111 IT1.111-1 I :r II nbV Il n al Ab flln Ib I bI fn, 1n11 ePlAlhy It" ts tla8lal Ur I` " ) f I III r '/ 1 Ell yal, Any a it tl 1 I I I W d rl n v 1 1ii II r,-TI dI1y DIJCOUNT OR Ii I: nI I )I , „y d lh n nl i A 1" l l fly n 1 11 ) 1 flan y s' IbI11v0 by FACTORY MONEY 1 1J -Ilnn 1 ? lull r I thIl-.jll.flII1 n 1m I)y I r n i l nn .._._ i nT a n3ar TAXABLE AMOUNT n 41 wU i rh91 A rl A ,itln 1/111A1 ?N? /?r{'rill 11 rr n 1 11 npY nI I111e *Met PIJ,r TAX S.llnnnnul BALANCE DUE ON TRADE A,yrIvnA PUBLIC TRANS ASST TAX - TEMP re ..... .. r.4 )n nr rr u1F )11rl1'r n Y PURCHASE ODOMETER STATEMINT TITLE FOP.%ANS F 'r: FFP.5. MEISTR VEHICLE SOLO (NONLEASE) -- -'-- ---- ---- - BRENWR CP JEEP L. L. C. DEALER OFFICIAL FEES 4?rl rrAH.Ir rN1r1'I Hn4L r'rlrlrli -nnn rnnl Inlr .IU:vlrAlnr n11W ON-LINE REGISTRATION FEE Nn Innlbrp'lulnn ?mrl rr Inn hn'n ul nq Mnnwlurign IWII rl relb)cin f "III tili7H aC l . still tj .....r^ .II r III, I 1'I1 Ilia hill l'l 11 1 I. I I II .Ilia OP!-LINE DEALER SERVICE FEE - I Y N 11 1 I ) Ill"t 1 Y I. bell l ulrn I lnulllnq ___ _ 1 efln.b11`11 m11nnIn 111 n,L P l.r I1. nllhunmalli lin TO TAIL AMOUNT DUE ! 1 1.1111h, rxnlly Irl't till, r I) Ixr xdlnp eI NUT IhA ,j,I rntlnuga _.- WAHNING ODOMETEH DI CHEPANCY DEPOSIT ON ORDER $ ' ? DRIVER M JF" L. L C. CASH ON DELIVERY 'lC1`CFiCW IRC, tYl 1 ,q nMnulvrrDREFINnIVr,ED MIT) 60 y 7 f W t445b.20 111 111 JI'i " •-- CREDIT INSURANCF i"', b 1 IAA M11n ?y1?1 / I ??//1yy /??p???rnp - IT nlT I rF w6NnANf I Aw r: nP till 111SARn nv INTHHAN^t ARE li NFrNminn rormrAfN rrA'.11 w - JAN 1 T .Al l'Jfllllel - r. 11 ')IT ANN) WILL nI )r fit PHnvIUCO UN(I S', 100 •:11.N ANNAONE.F III PAY Ill. nR11mONA1 NAMI? r )';r iP YOII I)1,l Nr'r WIFIH r9 HAVE HIII, PRI.RP.f.rION IN VIMIR CCNTIMCT YOII MUSS' Sx1N 3&3 WWON IIPI uW 111 11T : 'PEW Ct1MBEA-ew PR title plcr?uArnc.Rl:DIrtAFF, Xj) r.I 1FnlF .. NAME ???lll r I uol IWAryT1 HFIurDI AB Y / /G fr?l/r.G y 1./Ilf7'. /Ire MV IOH VI IF ICLI INOIAIIMLNI TALL s.Uh, I If I p y??y ¦? FINANCE Ar l Financrnl l l r Id dl YaymenI nu wJl4u paid den y„n In, nmin? Iglal Sale Ynce Ise lebluO al Iow pmtheW On . . ? ICENTABE 4TT I CHARGE rv the 1110o d Of nrdit or Ivn to rnu to on In" hlh+N g Pohl mpA all NlhbuNel p+Inl,m1 I,fmL mdudlry lpW dawnVaymutl qd at yeuf eredn 11 Iho al:Ihr nnnnnl if a n13 .??.M I W fell I of ii l Alt' Poll 71. M• S IdM.la? a IgN'!9:'1.N ( IBrutal. IN 1 eaw.lM LIL I..r I "1 PoI fatuity l, it Y r e s e ly hrr,el of the molly wlhde blind 11 . Aid; IrN2 u1Ylm n rIll lly nlnf w r y I I,,I'I I pmr nNel I , y, A. Poor 111 uel a p.,1.Iq ny } L 211. LT ?" I I l 11.1 '1 M JAW W IOpeym,fl n luu a+uor 1111. N/A. Hlml lose, 1 II/A Of$ charge 11 +U,ynwol n III,, you ex1IN, falloff 2% it IN Iwrunn nl IM ulf ,rho^ n a, Ill ell n Innnm, or WIt of +nnUdb Art011 Iran 1011111 that d 1.00,41 unU11d Sae thirty aril any Polerr friflerI II'I olr,nl Ill ell, Oli It "n"IIr, 11,01. Illicit nonnar'nell, ,Il'ls'' 1.11 IMIIn In oul"oorl nl "Al of, .1 I'll ImIlloln ,III, eml V"ol'of ..an, lrto".11 VenObn ,.flood, 1110 11 Silt Do FIT MI II YUIIR CONTRAI I In this 14,11.0 BBE P" It IA JI.EP L.L.C. DID lifluuli VO0 MAY L0h7. HE IAl1011 .4 a, . 6161'1 CAM 17 L- Pi KE KLIMW I MINING, PAS In-* YI NICLI AND PROPERTY IHAI IOU In. SIOJII RCi16111 W11n THIS ('01,11191 , AND/1111 Name 11b1'1 1V Lord. MONEW IN U011511 WIN flit ASSIf,NIt You Ile Ihis pnmtl n t~h 4N'M dot Nom O Pole I IVIND JIWNII.I 1 . EVIL I GRA1RY 30.1 14 NE IXX Nq• N M L1R'glf'a nal I'D 11870 ,Ir. Ikii fa, porn hilly, Ill SrhW \1MI how l Atlnuflll hp l,mb N1 Inlnlll In YAfln Hesitan flu it. AlNanly r it in,,, a more then on, Full- As- h Point" I1p...ln, +ml rnlepl,l it V4 all full nice or ant to ofnef m all "o"ll nth in fill%f fill IlLf1111A1100 Oi IamOpnE AIMn114 Cash You 1NAOL IN wro m r'1 You MrllOded in .._ .,N M t1he ldNwlMNnNN: -.. _-.._.-__.__. _ GM O Year and 161. O,IOnplwn II I Gillette if Ili owing an lot refuse lop have Now fit the Hier Pole say oil MA Amount on your Wad you waillol and !,present 10 us that Irma to AP' +n altos ham luM111en ""pool I, NCunly,4111 OI A, PI O blown nn the llemRNlon Ol Amount /rna is the'hen Paynfl yet,, 01111.11 In /AO MCI: you me, rhooW re pawn IArauYA whom nnutyl N aMamod 111,40 lose 0, dlmgp In the Whole and eya,nhl g N/A loaddy plant out of use or Ownership of the fistula In this Cotohdt, too ice still to insure the Vehicle and keep A lnlureU. Merl Veyall to CAWIT INSURANCE IS NOT AEQUIREO'. CmdO WI Insulators and Gann Accident L NNnh (Drufa 1YI Irwin" ice Ind flopped to Green credit, Ind will not G plaYwed unless you Sign blow and 19'1110 pq the AdDhornal cglld. PN,w nW the NOTICE UI PROPOSED CREDIT INSURANCE an the revern We You, Inwunre cendnAle or police will tell you the MAXIMOM amil l of insurance Available All luurante UnplIld Cash Price A+Nmte 3 ___E1/N•_N_,_- purchased well be lac the brim of the ,,all lu CrN11 Irlutoul Comfort, BY auto too select Sin if G,ml uN Instant. What n Your By u1nmL You INg1 Smer, CiA ll Acrid 1 lp will it ylul Yens y/R N/ N ,ANA coal 1.____ p?_-_Yllp HeNlh lnwnnu. wbcM1 CO011 ? to Yuolrt gluulUm Signtlwe Syn Ya Idg du?w0u mwrq'W Sitq GaM kawrmalMMnlnwnme ?' lmrnN. pis and Repdrapun of WO to be mwrrd lw Sinpe CreJO liemwrantl In 17 3 _ol 1S? What ice BY UllL YOU been tile[' All G+dd N7pTd of Pn...0,* BY along. You ba1N soled lane G GNII We insurance. 00 call ____. N-Q gum 1011 Account L Holim lnwal oul past mw+ywi tale f Lunlos rmul,d 1 1 r _ I. .-____.___._..___ I ____-.__..__-._._.__._-_._ -.___ ... _.? fi la-SELLS-TAY_.- 1 --"9. in p. g---`----...------------_._.N g 1,..E1TFltEILMRWM .. S10NulN GO Will Buyers to gmwted la All [rewl Life lnwrenrl 91{mlmNwown BUYn,N pumured lOr YO1n1 If ,DQN-Y GNII Mndenl a HOM Involm, Ia p?.fEL- i Insurer VEHICLE: You have lead w purch+W, under INI Ium1 of IhN Unlud, the fallowing motor wall and it, extra equipment,wh¢h 'trailed S tgLg. OLW E7L" FIFE the'Vehrale" mllespaIDNNt. IF 22-r I" YAM IDd MW 51110 WAY at k 1i ILUU I111 Will SOW NJImCtf Amnuml Financed 1 l --- 116ED 177701EVMIF DIiT IAU YAW tIM 6 IOF&k, 19MAVn1.l/Dl ImNq Charge w eAr V ,_ 5 Y1 Equipped ppan -._ _ AC A T. PS 15 A pit "0 other _ S - Ai 7MdM p H I'D lap' of IOmaOILme INlannl i ASSIONEO We may awil I It Conh.. I and Sel l'ly Aynomenl to a vans I "Ante company Alloys tire'ASU1nN' 1114 AsugnN nulnl _ s.___ 11==a ° -- the Contract in a lublill I assignee, the film aim ?a all to such wainquenl ossifies. After to, tsNlimpnt, all fight, and Without, or the Ign oil $'house$ - You qua to P., Seller in till Conflict and in IIO Security Aglaemant sh111 Gllnnl id said he anfmrosbw by IN AsflgnN [no Aslir will nobly you when to ulme Amount financed pew mNlnl in and A S4411 makes an als11m,n1 TAk73 39 -g?'? N °I :llI ?11 se ll. 3seal ]ant ?.o. al Mkn16')f?"i if 71 4 I i a11alY?Ra - •_tylOA r....- nrymrnN pt,{ 277.73 ? ? "• a0.n and I noel n•rmenl of r ad toilette, nt .11 Ca 51y11nhl ,,it DuYnlalr la V1Y S 277. 7.t, The Ilrel due Ind to pu is Ilre OaSiena, 11 AylNII Sri Co a plmnl no be in lY n C0 Y all ThislumlduUOd to Vednnn all aguemnn is lsathls Cnnbnd -0I(nu vi I I Pool oilm Geller of the faint Is payment lag lay due an M JAM CPOORIk,1nyp rmnulmny File coUwnul I Stroll, Ag,elmerl3rpwA'ee4Ill emcol.r,nryrl9.n the l0tcl•aPoll apntl+Ip11dslY and MdiflO papneml IaplMf WlUl 111 CdUw0et11 and OuyeIIIL IO Unrnnn allgrnn'InB Ollie ilCUdy Agrlnnent mn all plnrr poll ;I this LpllblrlnRpl me Ph Gill be due m that um, day al ,kA Month '"i to Pad Welton ! TEAMS: the Iermo aHeoll m For I... I.... short! n n pall of Ihu loon,, t rallvwmN ....... .....__-- IAOY9E IAIY Yap Wren rn AF m.the mT 1111 art she I' , o _Ill me Vr br n IN Cnh OCUA,iY AGREEMENT Ip his C. 1tA ne pay 01 sums deer and Ihn pet i of 111 marine Payin en IN And nu Financed ludo br d;'wen r o ie an or [retire of Ihus anc Coneml and AJ"all upAlxtlaN umler this d ill t,you you &I, , art mfr mlenA in m, VII) VanaN, id dl promise, to tun. oy in Accordance .,in Pole ?An Van ee mdudniyyn iMuenCe ief lAdf.Vle11, ?suynfe m Y At .11 &Me doom I ab a and wYwg 1 us Ich Al Immrm c1e mV If, yrr?l Y,Yman1ScnNluN You umaf Ip y pa1.11",.m'o Mon the 1vt wior. n Uay 11tabpelnlh athu "Popoff under Ihns Cnnilaut quill any of !rfur ri nn ddi t with Asl the Ipsl paYAIr11 dun dale You Ipre to Fly +Il alller unpnnll Which null if duo IIM.1 In 1en111 09OMe any money which L, new if may in IAe fllu,o no thpoedo with Alvin by You of Intl Contract. You Orel to pay the Stllur ll Ar,Wiige optic t,l Nil Ylu also 406 Ira Fly Acsi rme rnA nn Ilia ofM1OUI rn pna mlmd Ia nnu reasonable attorneys feel t SNNI m As' gime fort rah nfaney lU r.,eert 1 poFils doe uhh" elm A2111 w-ANQ Cp1IEI1TTj ]'-TF15 1;17ry?Gl }?.'QB¶NDEON THEb f4m0,I a to pmterd ar g,l rAliAfu011 if lee Ynn, h to, "A. Ice tae permenis 0 the peal or 10 qOV 'or AAE OBUGAIED 10 Al l b1E IENMS Or IHE I:IINIRACT WHICH APPIAR ON IN :enJ WYmenll to lhl+didn?t.nnnlhe A:frynre moll noon, l p'o'le' nose wmlia,olc11o ,it MIND AND REVERSE SHIES ' fly rXnln it ",,,Ato lnx Fire Veh¢In ln,ml a wler inn Nn rn lftiM1S Cunfee I NOfIf,E TO BUYER-DO NOT SIGN THIS CONTRACT IN RLANN YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YOUR LEGAL RIGHTS. ?I,,, ISIMI lJL/? SWER 1 1111fIiEN Lw .IERP A..I.Li BtYEu ?%w . % f - f) _ ba Br _, ,.G.t!{E_? tom. 0 dN• nurEx- --.. _.. _ ---_ISEAq -biu _._ CPSIGNAR, VOW' SHOW I.D READ THIF NOTt 1' TO ( O-S11YNRR, INUR H MAN IVAN Fall TO we ON A AI PARA IV. DO( U?NIIl MREORN NIGNING THIN CO.IIGNRR`I AGRNNMNN I. CO.AIGNg R'S AGRPKM1.Nr You, rf, ,rm. ors prnwnn 111th, brln,I oil t .1. train pmnu.n In I., Ira rn .,If ...... „141 Sin 1111, ( oll'adl and In per( urm All IPfemame in Ihu innteal Yon intend In he loyally N,unul no all Inc man of Ill OuarNd, .e pmmaly unit cu other With life Boyer You Are making into pnrmtoe 1n IndgCl ON In make Ihn C'nn l l Ate WFiH Ov Iluva I. Avon 01uugh we WIN u.u Iho IsIo"O+nn IV Inc tn, IN1yyar. benefit Ynn If 01 pray awn INOnIn we may nM Nev, media any prtur demand Inc peyni ,I I ho Ihner fir anmrbfJ nnr+uuunly afli Ym14101, epYtnwledgo repairing n completed anpy If flit%CIInimil OFnl I llrlgna I hi"nlhum 1Jdtos INL111 t'mhiyn dddren <a/•OWNIItN NPl iii Af.NXPMNhY M1.You,tlu pinrll•'Yn,ny Meluw.a ll ren 1. 1111 at her wulh try m 'Hhmny did Iho Iscor111m,nor V.Rwigl prew Nnvu1Y Intl mr Prim Ir Idrnepe,ldoor Von aXlen ll fv ,A lay run vnnr nl Ill. w.rrmY A ,\N"tll andml I1l,uher put•..d Ihu CnnO,al I,gpa In, Ili andu ee.,.Iho plsy,nvm 41 title NIIY,I,N All runlndw ynloosru ma,noricy nurrrNl ,111 nw N Itmntil All.. with 1111 Ind I "Prumuvi'„III • It Sia"n 1'rm ,ice ill n m nn hh,+('npb4; Yoflu 'I'll nil Poe mgLUhaplr hn.uly dulluray till n1 uh,I1yb1 Ne dun It., Apnneulun anti .In A ul ran Valor to ryJ ,....IY htll ` I ? nne 1,nu. ggw[uger\logng.,r?ruN.tpp n.lrlruu ........... AT 1NErTIME OF SIGNI?IGCO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS CORI"" ? Irll'I of air {n J'I,,Nln 1'1fI1fN IA,;U IIWNFN ,I Ynll( rte elk II NAY Hihn YnN IHI'nNl \N I IN f till IF \YAWN na1 fir uMn'llnrrl rid 1 ?I rur. tead rn' 4074 MARKET STREET / CAMP HILL, PA 17011 / PHONE (717) 7 V W 83.7400 / FAX (717) 783.0280 ? urnrnn<? 161 January 7, 2002 To Whom It May Concern; 'rhe Homestead Group, Inc., has advanced $3,500 to Janice Salisbury for the purchase of a 1997 Astro mini van. We expect this debt to be repaid from the proceeds of the Jeep title transfer on January ldh. Yours sincerely, Linda J. Melham Vice President ORENNER Chrysler • Jeep 6039 Carlisle Pike • Mechanicsburg, PA 17050 Office & Service (717) 766-7686 • Parts (717) 766-0247 • Fax (717) 766.7161 ttJ r ?/ /JGr ??"?' ?(Arr, .Sa?br.J/? ?S?K /?aa 00 CARORDER Date :S_'r.Ke?ry r I9 94 Dealer - ?Jr .bcl/4c? ./t' Purchaser ENTER MY ORDER FOR ONE O.Z)l CAR AS FOLLOWS: Y N MAX. MUUeI OUIIY lPC 11. ?, Motu" NO e1NI.L Nu _ r - CDWN -- - - YTOCN Mo. ?rs4C:zs8?7Pr»573117 ("? a 3r MILEAGE AT TIME OF BALE IS Q?/ OI le" CAR SALES PRICE S ???'1 tW TOTAL PURCHASE PRICE. $ a) _ TAx c L DEPOSIT FILING USED CAR ALLOWANCE. $ ;2mc) LIC. PLATES LESS LIEN E DELIVERY OET READY FIE-1.115 BY _-_m o A ) _ICl EQUITY CASH ON DELIVERY TOTAL PAYMENT S SAL FINANCED BY -7L- INSURANCE TIME SALES CHARGES TOTAL PURCHASE PRICE $ "( >O AMOUNT OF CONTNACT S c I.?? Contract to be Paid In Payments of 5...... _. Each. Ist. Payment Due - -------- 19 TRADE IN RECORD y MAN[ u[ oOaL coat ??OwN Lle, N. ?. /a,- Royal, NO. 611N4L NO. ryYl[ NU. -gOGN MO. _-- ?IC:s13uGroi3Sl?loy?9, 71 SOLD AS IS. I hereby Aakn thin purchde. knnwlnOIY wllhnul Ally 0uoronlu, expressed or Implied, bl u .......... Guelnmur'u SIIlnolmu_. ___.__ SOLD WITH GUARANTEE. we tbn In d v 01 lanlen 'Al- c u tar 00 days oiler dote of delivery an a 9a Sd .lull basis of ppArlo A Ishot used, towns, pays hat and the 7.11.1 pays hall al Iclnl retell rant nl perm A labor uead) All repairs must be made Iln our larval, shop, As do not euarnntoo epaudnmeNr re llnd, bran b blary or pblae ^v^/ ? __ /rJ enAler a Sldmdur.. NEW CAR. Sub,oct to Inclary warranty I have reed the race of fhis order, and agree to this purchase contract. I hereby certify that I em 18 yearn of age or older and acknowledge recelpt of a copy ofJttls order. I agree to accept dal ery., r( , _ __ tg ?177 Buyer's Slgnetura? lu?!C!s! r"4_L ___Phone. f-7-? RrL--?7Q7?_-- TNIS ORDER la NOY VALID UNLESS SIGNED AND ACCEPTED My DEALER. I Accepted by.__7 -, eALNEMAN - pGL[R'a SIGNATURE .866 CFR'1"IF [(':A I'6: OF l'I fLF FOR A VF-FIICL.F 990120022001710-1;01 1J4GZ 5 A S 7 P C 5 5 7 1 1 9 931 JEEP 146080961003 SA .uu 1111 nlNlun nllr qHl yl'l1, '.I rW rIMOr)f Hnu 11 In11 NVNnL11 SW I'll I 2/16/99 104018 O SWi,i,l,., I II,P I .IA'14' IIII'IIII YI,IYI2/16/991 UIn4A 1'HINI1) IIAIV INNAA IOLIiII INNMI IIIAIIII- 4/30/93 I 2/16/1 99 I IINI AI: IN wIII:N) I I.Vwl I `Y'W11 I IINA, nlwnl6 Ill:, ii •II I.I IIriV,I, I.I•i i JANICE T 6 MICHAEL S SALISBURY 303 HEMLOCK RD NEW CUMBERLAND PA 17070 11,'.1 11111 •AVI1111:1 I PVI 11111.,1 l&;URII LIEN FAn INN or nI I nM Ifn 541brr 1 A, IL I'll rA,1 IAe YNI! ! it II V! 11.1 M0INI11. Ar MI 1X1! 111! Al IIIN.411.11E IYII IIW Y1. 1114 N411A1111YMN/N lfll 14AFe IlUY1 V1'Ilrl'rPll 1 • 04 .lAl'111M 1N IN`INII IXn UIIH'I IHUnP I F YMMIII • A ANN, 'A G • I,LABWINK Mel%\ n ' rn l eclat n vnaA e ...1,.L11.. '1 • IMIIIIIIIAII IN(r111 111114,A1,111 IM11111r111/Ilril 11 411N'AIl4 14Nv.l l .tLx41Yq \11 FIYIF r tl nrnua. AnFq it vna 1n n . nlclnu X tlllll.lt lYA) IRpOVIRIIU IIYeI VIbY:IN V - V I, No Iii'll, I11F111bVF11 `11111111 W. I Y IMMI 1 . Ifl WAIL A A lAil AII II • ,..w WInN14M1 IN 00.1 ull'lll I.MMIYI IrM rA IIN Nn WI. IIM 6". MIIIxYMI ""N" "*A" Iln )rpn In .. 141rllnu M IMNa Vxlw•u ".XI Rx• ' •Xri,IIIII. 11 MJ NA IIl__ _ AI1111URllfn 1111'IIEIf NtAIIVp IAAI111111 4'I1I1L Ii'i 144008 JANICE T 6 MICHAEL S SALISBURY 303 HEMLOCK RD NEW CUMBERLAND PA 17070 • • '.. L urlmn,l t '• •. . I. 1'' rirr I ,I rI BRADLEY _L_.AALLORY ,1,.. NlI xr I rumalrlxlli l? :l.ll ,l I?NI it .1Nlr'.•Wnlrll If rl fif .nrhR11111 .,III... Ihall Y,,itI ......ll rl 1,111.1 rNNI "", AI1111 ill, I'll,, 'I., nll 1 1.1111.1 111' ho Mill INA 11 II 1 1111111.1 Willi N11 I I N 1 IN, Intl 1 11 1 ,)1111 _. lNi NO-- NRU 19 v v n w I HIF N iiii 1.1 UII l Iwlnn. Illn Illb w u MI IN 111 'r I nln 1 (0 I tl 1 u Arno '0."1 la a Ni pl1 Il 1111:11 11 19 1r ne1J Il - 'iII IINUAII', ?II'HI I'.ir rlrl'.N n lVl liNNIN o!n I;IIY lifnll! (IV O FINANIIIA\ INUP"INNN NIIYIIFN -_-----_--- O -•-? ?In lllN llnlE IN, 1111 ,11 1 pfN A Co A ? I ?/ 'nnrxr -.-.-- (J•1 _.__.___,r__1,rarr.rr.r•r.r..:r•r „rrlrr I NY FAIN . . I ill 11- T1 1.11 1 P, 1 1111, 1 AFCONn LIEN HVLNAUEN by_ Aumowren NEpm!NemnnvE Y,I IIilI N.11.IIb MP1A1 'iIOI:N Nn ODOMETER DISCLOSURE STATEMENT h i'Ih•raI Il nl' Ifit, I Smug Idly, I I dppli. Iblrl rryuirrT that I'nit Ihrt,- d!r mileage upmr MIn11'r II( InlI$,I,III/ . hilIiItw oI rnrrgllrtr nr pern'idnty a IhrAr +tmlrntrnt AHNI rlrmlt w ull?l dNJ/ur m111100nmrnr. I: J. ItnmNl'rrm?N n;lrnl', l1rinll AIIIII (lint till' ndOIllPlyl' III) \t, Trolls Inn 1'.11111x1 III111'n nlld In th!• Lent of m' % knnw'Ivdgr thin it ryflvetN the urtuul milrnpr of flit. Yehirlr drnrribyd hvlnw, unlena mu' nl'1hr I1dlnwing stawinitItN IN eln'rked. III I lunvhy rvrtil;v Ihu1 to Ilu' heat III my knnw'h•dgv Ihr• ndommer rending 101t.l1. thl• unlounl u1'ntilyupe in exrran of its mcchunold lieut.. FA 12, 1 hert.hv eyrtifY that Ihr ndonwtor rt.ndinl; is N11'f tilt. mull milval(v. WARNING - (MOMR,'I ER DISIE'RNIIANCY. MANI: M,111x1 HOW TYPE VEIXCLE In11I AHON HNI 1,111. 11 YPqAn? x .. THAW;FEIUA S'iIIJWIII? ,, r9N.40T sH??sBu?Y PHIN ICIJ NAMf . 3 HFi?LWK ROAD THAW41 III)II'I ApI dU -IltlIL NEiy d 4mBEeCRNO /',4 17070 cu'. srnli? rlPCOne x PHINIEUNAMI - ? - MAW M41:'; NAME - - -- 71fIAN94HEE'1i AnnnE85181'HEETI CITY STATE ZIP COOF, OIXMIdxpN 14mI1 Itr.W4 nx1 Xgw.Ml. PENNSYLVANIA REGISTRATION RENEWAL APPLICATION My-los tos-eel Step I - 000 ME11 11 AND IWAJ1IArh'I It) I O:IrilA I orl. Detach the application below at the perforation. Please provide the vehicle's current odometer reading and insurance information in the spaces ® provided. The NAIC number Is a live digit unique number assigned by the National Association of Insurance Commissioners Central Office and used to identify the insurer. If the NAIC number is on your Insurance card, please list in the space provided. Your application will not be rejected if the NAIC number is not listed. If your number is not listed on your I.D. card, contact your insurance agent. It self-Insured, enter "SELF-INSURED" in the Insurance Company Name Block and your self-Insurance certificate number in the Policy Number Block. Vehicle insurance must be maintained at all times on all valid vehicle registrations. A lapse in insurance coverage could result In the suspension of vehicle registration privileges for three months. step 7 ORGAN D()NA IKON AWARI.Ni:';'.; I III 1111 t UNn You have an opportunity to contribute an additional $1 to the Organ Donation Awareness Trust Fund (ODTF). Your contribution to the Fund will help Increase public awareness of organ donation and help save lives. Since this additional $1 Is not part of the renewal fee printed on your application form, please add it to your payment. Also, be sure to check the proper block on the form to make sure your contribution is handled properly. .s ',rep 3 CHAN(;L 011 nJ OUItL:r:, Inv; Ollr,lr. i i,:rd please note that the change of address information ° block need only be changed when your address listed below differs from your actual address. NOTE: P.O. Box Numbers may be used in addition to the actual address, but cannot be used as the only address. Step ,11 - COMPLETING, YOUII RENI:.WAL APPLICA I10W You must sign the form below exactly as your name(s) appears. If the vehicle is in the name of a company/corporation, the signature of an authorized representative is required. Use the enclosed envelope to return your completed renewal application, along with your check/money order made payable to the "Commonwealth of Pennsylvania". If the envelope is misplaced, mail to the Bureau of Motor Vehicles, Harrisburg, PA 17104.2516. TO OUR CUSTOMERS Our service commitment is to ensure that you receive your renewal within 3 weeks. %4"h At Perforation PLEASE DO NOT STAPLE, BEND, FOLD, OR MUTILATE Det"h At Perforation 46080161003SA11J40ZS0S7PCSS7319 I JEEP IsV 119931 DJH8290 I NOV 30 20021 00000 lift NYmftF Venal. Ident1rk *,n NYnd°r Venda MM rype Y.° Ne1e W.Wr Eeplred.n Deb A.O. Or. Wt C.1 ar. W1 O nalar Reading Z. rro 1.60m d. C. Pa. MNc N.. In.ur... P.1ky Wnk.r Paley Fri &. We PaIkY Edplr.Sen Deb 16L-,4&f ® .1Mrlc FA,en Mur"I.Arc 474 0 ?a9-Bio 14 11191 t(l? IQ1 01 Leo I FEE: t 36.00 402211281046080961003600 -Ihi 111 itplf' I„lfl?, h r JANICE T 3 MICHAEL S SbM ?dMm SALISBURY Girl saw Doer 303 HEMLOCK RD NEW CUMBERLAND PA 17070 ,nur. nnrrr,wMl n.qq .nun uw mn k.. ", mw In mavtl.m InnrceY rvwnmbnnY Ummgrce ran Ib wnmlprxliny W'nbe w v.ntlb rpnuglbn Iw Inbi. / ,?r.9nr.rM VIIieNIm lh. p.ngq ql repnlr.Ma:t .?lnstsJ?/JWAAOW/g/ i4t -, Irf%664 7 7f, 170•,"?0/6 5011 L.I?AI Ip•1 I NI i l l n rI i)Lii ,Attu State Farm Mutual Automobile Ineuranoe Company One State Farm Dr Conwrdville PA 19339 556R -6224 A SALISBURY, JANICE T 303 HEMLOCK RD NEW CUMBERLND PA 17070-2855 Ittt111tttllLrtLI I Ill,an61L111161101111 1111111111111 111 Your premium Is based on this following... If not contact AUTO RENEWAL POLICY NUMBER 22 0129.810-38 POLICY PERIOD AUG 10 2001 to FEB 10 2002 DATE DUE PEASE PAY THIS AMOUNT AUG 10 2001 $346.36 Your premium has already been adjusted by the following: Premium Reductlons(by vehicle) 1 Multiple Line 32.1 1 Air Bag 15.4 1 Accident Free 27.8 1 1993 JEEP GR CHEROKE 1J4GL5827PC557319 I GOVERIAOEti' IU „ 1 See policy for explanation of coverages. Vehicle 1 > • - "' Ciability.Bodly! hlury.1D0i000/3 0: 00 $ tdu ra';; ', IY IZ f , .1 :. ,.?, ' 1 ; :c:tl a Property. Damage 50 000 Inc 1 uded r. at' " xtreiorcllriary luiailioeTPii " ei??!di7 ' 0VM31WNff1!r+'w?` .. m mdo °°'e "F? +pr Funeral Benefits 2.500 7?!?tn 72 :2* Iv4odhiN Pavin'iI ts:1Ob;R?Ob?it neai4 WwtiN: =am 11 L" .61 1 J Comprehensive 37.44 "71ii,t6 ODeduogblsFolli4a7Fe.7- i Emergencyy Road Service 2.00 ?S llmdel Elant'Alivel'ExpuiiGWT r""Rti 2"'Od W7r7" .§;! 'TT':" 1 ' THIS POLICY PROVIDES FULL TORT OPTION. rho laws of lire Commonwealth of Pennsylvania, as enacted by the General Assembly, only require that you purchase lability and first-party medical benefit coverages. Any additional coverages or coverages In excess of the limits Y?quired by law are provided only at your request as enhancements to basic coverages. The premium for basic liability :overage of $15,000/30,000/5,000 and medical payments coverage of $5,000 Is $93.12. 3sed on your driving record, you have our aooident-free discount for preferred customers. Soo reverse side br Important inbmmAbon SCOTT SAFFIN Plosso keep this port far your record. (717)781-0589 607384 BUYERS GUIDE lw TANT. Swoon wranomaa an dESordt ea Wdaaa. "Na dww b put as Owondraa In wEw, Kap kwft TXt+ -- -1?7- J(,y 1,61VX ?6 3 .S7/ %ummuwlw mom n.a .,..? ---- aar.raroar.a..r,q.,p _..---- WARRANTIES FOR THIS VEHICA6: ? AS IS-NO WARRANTY YOU WILL PAY ALL COSTS FOR ANY REPAIRS. The daaIs aaaunwa no raaporral01ft for my raPI* nSwdle d any owN Nalwrranb abord tfr wafdcN. 2 WARRANTY b mu p<um mD wAR"w". rw daabw wo w iLl % of a* taomor wJ'*C' t of Iw prom w ft oorwvd araomnra SrN IaE drarrS Iw wrwrrry PAL AA Qw daalw Ear a copq of rw doou~i I" a " aapfanalon of wwm" comw"% aadrwbna, and dra d"oft ? oOYSdom. Undw Oft Ww, Implied wrranflaa' mry Oft "u awe won "Oft SYSTEMS COVERED DURATION: CE CONTRACT. Aar op contract b aad bk at an aaYw fa oaaaraSa dodlrotaa. Srtoa, and aadudwAL It dares on V* ? ' do Ask for Ora jw'wo; mob, owe taw Unlrbd wwmow' WAY on !m a mlow ra CO?+ra Unto fl0 rpa of PRE^MCHASE INSPECTION ASK THE DEALER IF YOU MAY HAVE THIS VEHICLE INSPECTED SY YOUR MECHANIC WHEN ON OR OFF THE LOT. SEE THE SACK OF THIS FORM for hl*m k rd adr/Eaw ItMownwSwr, Mrclrrdq a M of aonw nwor dllaof. Ntl nwv oaaw In and nwAae wanlM?i i kt SERVICE CONTRACT APPLICATION !PLMCODE calom/Ap SALEs TAM TOTAL AY 1 1 AMOUNTDOWN' AMO!1NTFINANCED L. w - _ ` - TOTALS • FILL IN DE IiCTIBLE Hraenx PA"KNT any" JUIr --- AMOUNT ?_J ? FTAXT RDEALER RAPID REMITTANCE PAYMENT PLAIT L J . A DEALERPAYMENTPLMI FI CHECK BOX for u OFINANf,ED W1 HVEHICLE AD HAZARD TIRE PROTECTIWUMION n' 74 137?uT94 KAN ALT :nATE - -??---- -FINAh'I-E SOUPCF If-p1A l'U:Ik Or,IV IF PLANISI VIIUNCEDWITI-ii cIE) THE TIME AND MILEAGE LIMITS OF ALL NEW VEHICLE PI ANq BEGIN THE DATE THE VEHICLE WAS FIRST PUT IN SERVICE AND AT •J' MILES. F PORTMr- Iraq 70, y nor the planend the actual service contract In ted I has been r ?T7nF1#i o6F?ll?en le approved by ?fvfcq Contracts, you accept Its terms and conditions. wned vehicle plane J= W purchased at time of vshlCle sale or Within the 3 month / 3,000 mile Limited Warranty period. This service contract Is not required to purchase or finance a motor vehicle. New and Pre-owned vehicle service contracts an transferable to subsequent purchasers prior to expiration date or mileage whh contract o h ' wner s aut orization. 'NOTE: WHEN 'THERE IS AN EXISTING WARRANTY ON A VEHICLE, THE CONTRACT TER INCLUDE THE WARRANTY PERIOD. REFER TO YOUR CONTRACT PROVISIONS FOR A DEFINITION OF 'IN-SERVICE" DATE, DALE SIGNATURE X- I a r e DEALERSHIP NAVE TELEPHONE NO STREF M pa?Ee!M a/' •A? a ,L•a.. -•.--_ Cl rv.,TATE a ZIP ?..____J !Cw R / y }a ? Your signature on this span signiMs that, (1) Nits veh¢In Rua Nhee for Me service contract; (g) Ynu have revlawed the nervice contract with the purch,xr, (3) Yo11162alepte his form to the ounchaser forMeamount ou have d d , y recor e on tho form, (a) You will provide service to the purchaaar in accordance with the prov jone of the service dNt?act C.O. 'ChryYSr wM 111" to the pursfoaser; (S) You have rmdewed Me Daimler hryaler Sorvlea Contracts Deater Guide and IT abide hI c, and procedures specified alereln (e) Dahrda Chryeler m M ff ? . r ay e o any,moryy I owes you to ntmburse Iv any dshr.dAeo a breach of roweantauong ? SALESPERSON NAME ._ yQr'\ 11fi/it ePINxED ncT ED.., V ?• .,°,,,,., ,^^' „rvul vnmran;nrysMr COryaratlnn I 3 TO OWNER INCLUDES powertraln component coverage: • Engine • Transmission • Dmreline MANIMUMTM I UItAAbMe Pn N • 550 Toga nts Mrrwanc e • S301D CO Nerd A"aoo • Orkder Blodt and all Internal Parts ' CYhrsder Mead Aswnbam • Tmwq Case, Chain, Ledo, Mt ad Spmjeh • Harmonic BNarer CA " • Water Pimp and li u ng • ImaAe and Eafwnt Marxfukh fhWheel with Stainer Ring Lear Core plugs Valle Caren Oil Pan ' lurbatwriter li n erg and ,dl ImerrW Pats Turbodsager Wanegate Actually ' Supercharger • fuel k lion pump .d Inteours ax&m erg cogged inspectors) • Sespmhre Batt Temwer • Scab and Cadets for listed Composlerft Mun. e • Trammission case and all Internal Path • Torque Cawester • Fin Plate/ Drive Plate • Traosmis", Merge Switch • Transmission Control Module • Bell Hoes" • Oil Pan • Seats and Casuals for Letts Components. arraareaarAMM awaralwtllwr?la a • Lawasle Cma rd ah a ii,aw Peels • Aar Shah Mwlltllm • hIDVdrl Veldoty Serum axl Nrxr) • Iuxl Wlxel Beanngt • lhtfn nWl lover (Ni Pao • hanwxle Speed Senux • Iranide SrAtrxxd Aturnbly • ENNI)I 14mrhun Swo,h • I,.vmak ste(troln (wiffoller • Torque C xrw ter • Seah and Lakrls pax I ivied (rasp re h alter awr?ai W OWAaa w.rrwsrr.Yaa r Fear Ale Housing and all lnhr lParis • Aide Shafts • Axle Shaft Bearings • DME Shaft Assembles • Dme Shaft Center Beannils • IAvversal lrnls atd Yoke • Seats and Gaskels for Listed Cornprienls, • Iramfef (aw / P n 1ranM Ilml aid all intrml Pans • Versus (supine ' fuel and pear Mk lloimmg Aswnbkn and all Inlerrlal parts ' War Ihnvi w Molur 'Ale 5hdhs ' Ale Shah Bearings ' (umlalll Velutity Axms and Bouts Drive Shah Assemblies ' Dine Shaft Center Bearings 'Universal Joints and W*m ' rhsmnnetl Housing Awm* ' CaNaenual Carver Assembly and all Internal Parts Output Ball Bearing and Flange End Cover ' O*rrunning Clutch ' Vacuum Motor Turque Tube ' Pinion Spacer and Shim ' Seals and Caskets for Listed Componmp. 1 • No. A. IMTRL/raaallmm SH Mtl ON ATVl:ED TIRE I MAK(iFAIE;It AKx4it Yr Ap 'U"'AWA ?1 31473?lif?.: C?EVN0.ET 13493." , -- KIaClEO[M?IGTION FeFIIKP IS MAgYI 191EL 19i1KV013m11 k'i'. 191,Axit) uII xx+ Irwx w (y/p 0. JEEP L. L. C. TAxAU1l Yn MK MINI t ??, q ? I SWIIU Ue _ ._.. -_. II e\ Ire u . r?iovl 9Q9.71 eM noh OI IMrI C, fF1 FU r. elAeilea 1l1AAe.1 FWT NAIAE AAIFKE U41W pAlf M.1]IMED/ ?lURYEJANICE T. !1"7L 92D91 s __ 1 i SiREEi IA n W l y fA)(x: Ei 'WM RD. Ir ! IIIM IpI 22.W ?K? /y IY fAxk IKIIP II)rAxlrylrfi`ge -- v Na _ a ., R RW PQ 1707V II'II.XI I/I I.,N 14yL !NF. { IArllrp Ur NN UAr s Y , U. lAtii FWME IIFIFULI]1FANF%NAAeI FISTFL4E MUIxE MIw nArE AOxmint, --- V-V_. ---- _---- _ 1AFx:IWED xlhyMTl.Kr.r 1'nAxewVFrp 36JO InINTyt xF eUMd.uIe ILN? I WA -.. IW t.Ixk I. IIIL sun uNXY IIfiIMIrLIn NII'[;yk IL GMpL. lml u Itw .r. WA MNIF: OF VE IYCIC VFIE;IF IFNTFI(:ATxW hIlyEll - _ - yy-_ MOUfI yEM IN x)y lrcE UJ'. Ill-,k R:I rLIIYU.unvnl UJIx) [ ?? fNll [-_l IvMxl FMr WN . ---.. - F. (FIKiYIl 1'LAIF ?c;ta1 (Yr IRNA3FN OF T'HCwx1:JYLSiLIrOItAtF 1C)iN I'ND N IU -r ?"'PAIT TONIeeLED aY iMWUE11 A R(/UMOFJ4A,L 1NE11111ru tl1 SUI*AQ l FMCE IIdJu-7 RE AT- 1TWYJEN A HERALEMEM IY ;ATE873_Ctl IIGVNO 1111AL V[:(EUI i iVW15FEHp KNEAIan NIEMENI If SIII FIII INtlOA 101 liw IMAM --? Exc:rtANGE PLATE TL)eF I(w51E0 eY BlFEAU ,; H4NkN11 UII DCItN:EMEN $ ? mm"Til il'ILRE Exrvzs i 1 I [71w Ao n'1`Ak =_ • IeSLLDeYFLAL AGENT bm yyr [JxT In IMUIUSNM.AI -M- NUTF 1'TR_VF RIIICEM1 MI Kf Mr1W nEphAYN nup ¢nlphM Fl, W,A K. Dv IIw4SFEI1HF0FHO1F IDLE M) .. - I"N .. +iATUifE di lYEtLEIN Ihw .ul,rililk -__ ..._. nFLAIKJ11:JlP TO U+trwi WIKFJ RAZE Li REM 11"Ni f EIY_601i n.IAAI M1 M1M1 D 7ywR s A UNIAD[N wi MYIT LIFO LEI QRII rvl _ -- LIFO N[u tYx)?S CcM6 -----' IF Q ?. ?FFAI0I40 LON)r - - IWI UH MIiK;NPEI At TAG19E1DE11 {4A ICY EFFECTNE 7321779- 15-W K1'ExFYMIxFi °'° 1$^Mie ICERTFY TEWi ()FI MON t1 1 ?• "".SELLIAIAII - IW YEAFF-'AK?1 a.. UIM, AIiLRN i11_+HW/NMIE1 AGENT Ille'E GECMED n)UEIERMINF n"i fIF VEIACIF IS W:YII:FD AM [J] JE?P L r.. 11,01,00. ISNLED - AGENT ND TFMPCWAR/ FEa D'RAIKW l0 116 AfJ(At AFix:.WT W _.... . ALAIIDN COAIA.AN['E VYTTII ALL AYRF;NIIE T{IM:W)NR IF THE Vk.IKIC I:DUE IIi .uWl,/vrtMt. IELEf1KF6 M) _ AFD OEPNIfAIENT REGULAnf )M1 \ G. NWE CE EQ 71 Ill ;,A fWE EKAAe)E0 AND SGFED TFK!i F(FM AFTER ITS CGAEAF IN'W AND n T n6 ITA's ER CEMFIE WFORMATKFi GIVEN U TRUE AND CfF'lEGn IF AN ExEAPT10N IS GLAAED nE RF6FNSER fURMS 11"T MEr'JE PR Ili AUTIKFKIED MCI-Mill nll:i [ yr MI?111 W.I/WE N;KNf WEUGF THAT I'M MAy LDSE MY/OIFI OPERAIFAI PECA91MT10N UNE NRIITRur l '/ YFIlC1E RE IiIm FUT THAT I/ IrwF F(xl MAY ,E IF.. TO MAWwN FELWQAL PESIK.ertiniKUy ON ME GUHVEN1Y FIEI)ISTEI6U 11011E f,, THE MAIDD OF ALKNDwt ED[iE THAT MAY RE W100 IU A FIE Wt Ell [II:m . A'r rAq AND IMF`,11. 1MENt rF NOI . f MF.M Il1AT I/W[.AW[E_UN nF i . flKU1 TIM IWO YEARS FpN ANY 19l ^ '- / ?. ?r J ' [/?/y/A IH kRKNIE NUA+14'H yry ? - ' ASSKy1Cb'?rt T d A th urr .y C 4.Y S M (717)770-at5 N1" rO 9puAn d eAY.bd RwlpAM b NxNrrlial vpyr TFLEPN[wE )AIMEE.R 9grnxxd Bahr AeeIDK Ae1M s{FIEt1AV aCo- RxVwWrOMdNnhNIN BAKwr -----. -_. _--__ !II tlT If tole SWW _-_-- H. NOTE: If a C0-purchas0r other Ihan your spouse Is listed and you want the title to be listen as 'Joint Tenants With Right of Survlvorehip' (On death of one owner, title goes to surviving owner.) CHECK HERE 1-1 Otherwise, the title w 11 be Issued as 'Tenants in Common' (On death of one ownor. Interest of deceased owner 9008 to his/her heirs or estate) NOtF IF M KHN:1 E Itl ",BE USED AS A ONLY REMN IA LEASED VERILFE Cel, pn'1 01 a:K ? M nlxc I'I CHEOWED C/ , FARE TE NID ARAL11 FURA Wy eyou Katbn eonlllElanml TrAN'nU MESSENGER NUMBE0. wNlln de IIFYt n1eAw GKIdIL /YI?UDI Ill'I'LIt AAII '.1 I fly/IF P.IIV 16a Ily III 1,1' 0' 41 I1lM' VNI 11 1 I .I. 'vilLlr M )o 4 N 41043 UEPARTMENT UV TRANSPORTArION CERTIFICATE OF TITLE, FOR A VEHICLE '.. 9817400240012519-001 ?511MVI lXV9 177S11 ? T ? I 97 I CHEVROLLuT r I 51473268602 RI rILY l 1 V,Brnrv wrr4l MrYNn cl- . rrm wMtp VLUN111 rrnl uvunu. ? 4LY LVr! PW M.YV yWI Y1 MW IrrI\fr,IL IA%)?AIIIRU IIIrII 1)tx]Y 4n L! 1 rMM 4r pl,irr'1 t 7? ?a ! E r M 1 I ? x ? '. . I - `. I I ?iM n un ., U?.n or E IxrIN>L4 we wn Owpl ryWn Imr uwrln t P f y ' oluW rtnsnaq t r Wh wrnV f '"n'tl.. I. 4 i1141r lrr lrW,r.I 41r ?. u.fh ?t°? '' K ',K .\r ¢1.r YM', .E uo[ r+• 'M?I?u ,i9 Yw hr r..r ve A. YYLV1 Ir.cr,: yr .WOIQL. ONMYIi]I 4'..? „?. ? llllr _. _ _ K ARD LAAR :,fRti hRT 6 ( ip:w to .w? •\_A. A _ _ O:w11LLL.Y4YRL_ I ` E C ?l? .14r Y `' . n•M4MNrr 4140 rM rrr urlr4 ;2c?, LOGAN StEA El "•'""^" .,p11rc11L lulu vn«v . LaOrYU vll.n C'AM HILL ?'A L ..17011 wwelrarly IL..ECo-w.rucrLo J ] . prnrn noa .11 r I. MLr\ViMII rlr rrrr V . vMrN:rl r:[4r Y10 W • .. W.11lInIl VIrr4Y Irlr'rr i yV r..r rr I Y . rllN11, 141 l.Crgll lllll r.LWflIN --__f_ q..__... .. DAUPHIN DEPOSIT BANK am Al 'l`• •I•• Fr /????/L ?/y?'/(/ / - _ rrYawMyW Y Y WI WY?onl lyXr?« IM Yn ?&M rln'lll N[IFN V -4fj ?LYY.?C_L_ r?! YT.'I.1 I' ?A•Y ,'?r`,F??'r - y ?L](y1///J(?j/w/,/"I//L OME /7Jy?Y • 1 / ?y„` r11111rvnIN rally' 5![:AIOIrIH PELU][U n'! _ _ _ nnl rrr NN.l: url ??llwv vu rYnpYYY.kI?L?L«.yyetia4Yyrn r..glrul...YTpyyly Ilv-?_ ,11 H1? I111)ETnLYIIf')tlif nlrVl ??? DAUPHIN DEPOSIT BANK 3607 DERRY STREET HARRISBURG PA 17111 I'vlnYV .. w. n 4.r. ur. yllyu.l r. -Ne r.l Yr•. aw«yrr ,_ IyprYnuu. d IrY«pllYXw,?Nl.r r rlnl ri.. Ir.re.•ri.l )r 4irrV,1r'Y rrcrrNJ Y.rit 4 N. rywllrl O.r?rI.I VN YYI •.M1[N BRADLEY L MALLORY See,e T n/ rran vNhrWllnn WAW $MAN ' I ? O O I n p0[M' AN IY... momrx, ouwr aw ~ ian.. ~ vY M e„ ".@a -E k 4'Nece. nr All Ne b,V.E YAN Cp " r r ."Ld. «n nyrl r s w Irrn .0 d r.ra e.rrrv. w. an.. I.nYy. n i rMr.M Ivr M.r .w.. d «fY..a C' I + _JrrY 1nMmnp NNER - CJ. LLCl Nb ,r,r?YK ? All 1. es•e2aeeR?__ - -- - NO I'. r 4Ir ? I IN fNL l ?'4N. .IN 1' k r. v'M wv.4 NIA -_.. ?J 'IV nar VVY.xl rw ry.. irxn Mr. .ftr Pl+Ir I.U[u ????/ ?? 111x11 r 1 . vnl neufII,I., rin Lr ?I lir.. IAoen Lrd wellnll:U tlu e, IIlr4rna 111 l I - Y _'1 u pw[NeSW ly u lu?i' 4lumrf IIVIIIHI IpJllfyr III I OF TITLE' w , -'^?' Mii7Tfi ??i nl' . rla bb` yy_ " J ul r. I v I UU Y??G/?' ,y Ir YYNIM M1Y. IF ..Yy NL.tl..r1rR I ?• Y_8L2'fi-JEEP,"I.LC - pl urll./. Wy Wy,I bN.Yyy L. 1N41 TNf?'A VNY 4N p11 nY\v.ln\ NM1?1IY ---B= ? WW..W 4rNN rl. IYV YUYn.VIW ! .. NV.i =Yln.l.y Nr.N 1 wArW rq rV, ..l. ...f Y Yfl J21 PA 1/bra/ lu "Alai N1Yrp 9VV Wpyl IV Irr YYN Wun,YNVY r _. OUBBDRIBEDANPBwOgry ?1yly ) ??R •. ? . ?r + Av I?i NJ ? r - y!y A? 41L ? aflY,d1 -- ? I 3 sq@r 1,?1sx d oo.. i t ,;ter ; 'T?GI? y y ? r?flr a nr x r? b DI _ • N F m .????•??'?f?/r XIIIIbV Yb Irr10.1. tlN ( IAEt aS1 L VIytlY?py (J tlN MIyMIr MI.. SLtr•IInWAM III III.r ryrxV 'r tl ey,nrl..wf u I p n.u ?\YJ.Ya-Jr/L_ Iw\IA?N w wwrl a aIY W r??4i$±?%___ .Y•rab.innnW YnJ. ?_? wNYY«..Y..,lyn I.ulv.luytln F yJyy AIYW Um YYNrYr.N nlrl.rJ l.. w.,n WABYIrvn Oa•wYrrwl r.y -' _ ' I SrY..Y.U II,•rI...I..Y,I, n,?m ?..-__.. ___ _____ _ ?- __ UwYnr =WMMNIN YlN dun Wrn ';,yrSM `?•? ? _ U WORN ...4._ I f? ? I Yrld IS" yb a•NI Ty.yy I VIIIYy YNah ptl.ytl ?f bYf wp N ?-1 WaJeJ u wrW\Id mY.IIY+uI O?1f n bNUlM rt4w rNlSp IMb Malty idly y,a lf•Wryf vny rJ YWAnMNU'.Mnv,Y dt IrYI/ynW bXy IM,b411 T W JyW Iu1n.1Y n..InOVrYIVy Ilvl Unryryla Y e BULMNIBED AND SwOHN IO BEFORE ME - - •'rNr.YWYn z N K Q c' a m y... I, ue 4 N^-??111??f?W L frl lli,ril,I a - a 1"'bIu-A f1. 4Nli fq . •.__. ?!_?Y<r ?L. filrr_IIr?_.--- ntLH65fHN r51 "c +rN?tNrnfnrniry_.__.- -- Z m wruwwn Henn s H -????i?-?'/t rIIM. YN'MNtbMYMI arWr Wbd Mbbwrq MYyypye4lll ^'MMM aIM R .n?k4l °I?o}?rvll LAIII' ? - N .ptlYY•YVYnYn.Wy1 _ I^ Y ' e r?___---- -- nrY-Yyyy •Irrrlb lddy„y Yr• ?_? 'o _ A dN y c U Fn _._ __ - - __ Y rrYb Vr'V\ FVVrn.U ?IV InrV U? bV ? ??Mb? L,r li 11 BUBBCYI BWURN r0 BEFORE ME - ..__ '"' •_.= L":fP"Sf?"?,,,y?? may, n _____'_._?_"__.. _.._ _ NO? fJOTARI2E UN `' - -y?--- - - -' ? L f t IN pF{?`'Me OF') NdTIrRI?gNO `?( ?' , Ef:l ?rll ar a -. f ?r111•"?, ..? Rrrs."+eairLrv - pURCNaSER'S rli?E 19 IS7 \. !IWdl rMsl ilYni - _-_ ?. EU ANQ SELirR iS A DEALErt , _ - - n '.ry.r IL,, ISKL' 1V 1V 1?K II 1, lii _I , ,iii ll Chrysler © Jeep Ul All II NIAIIn IIVAAUVI-TIIL9y,i Ali 19111) I'm In Ic hIII is Ah•dunu.AhurF. VA 1111510 e 01:)'NI, /list, Iit1 7PIIII,11 It", NJfYJILE T. SNLI98URY la f"117)710-2013 Fxrt NUr0WAIIIAN I 1P f 3C-1-- 361 ai AppE?eS_._1?:E? ]CK RD h'r711)763-7"1 1 I yl Ire! ???,y .. ? . .Stf 1lJt _ L1 rl 11 n'. gP`PUI?I I"i l'!r"?Y?10 PUII IA L F,NrENIIEU Wall --- (ltV ? 11/ I,nrll r I'Inlll ,"tlOb NF11 CIMBERLAND Ill y y1h?170 Jn wI ;I,lUr.11111t1 A - II'111U111;!,[ II`Y/?/GW? x I I NLw I !,!.w I I InFAu wYn! T M?i11tO V11tx, w?r11 - _---? ---_ .-.._.- 199 is r, I ! I BROWN 6RCn , YAy 1 _- IGNEL19WXYB137511 • , ?11 IMAN! A 1,1,1 to YI rlrl'1. I' I 11111 NI L fl l,i.1 1xi Any w1nYIINe 1,n YM ""Na 11e pfd ma I IhI nuM UY the negh(, gr K Me bellur, RRENNER eHRY&ER JEEP LL holey Inp ,, dlv?M,m III, weunnllYe, ""I m urgdlaJ. IN. MY u wlnxn. 1 11VSL N 1,l r1 e,Lh,III allly 1,l IIIr1Uy In, Y pnRlCUlllr . IlnllH!,ot fnRGLEN JELEP P LL C 11.111.1 11.111.1 1 enuunu nn, elh.m,m [illy nn,Yr "II el flneu„•n I„r A .1,q lnhtlny xI lJ nne,, l,rin Wrll, IIW MIY J! IIIM IWNIIYr,1Y II yl,u nl 1110 pul.hYN Ir]INIIMII nl IYII/YI 1) IInY IYI VIrY A III. ubl ,Itl V l1, rl I.r ,III np "' y ? 1 I M 1 UIIAII W! VI )r1Y ?HI n?! - - -? -/LULL! 1":n„WAIF IM 1F IlrL I I I,G4 711[ INPOI'1MAI ON YOU IEE ON HFF IF FOIL RAL IIVA1) F IOtAlill )NI WI NUOVI FORM V, --- - --'--- --`--'' - --- - PnHt nl I111; AIIRLFMENT INFORMATION ON IHP WIiI FOAM OVI IWIfIf'; ANY CONIIIA14Y PROVISIONS IN TII E CONIHAGT l )F SALE PuRhaeey eMat, mas m pger eneste a ex d me 10"'s ann ,.nndnlnnY on b,1m Is GmA and TU rAL SELLING PRICE 3 lov fly, e1M hereof. Mel Mill 011 d'llis AM urpNnadii nnY Pei nprxalMnl KM ee Of the Mee hamnl cmrlpneee the .pl.le end is"IwYe'Wil Pll of the 11,111 al aGreamtlnt wllllnN to IM TRADE IN ''J 111, 40 1, I N I AuUlucl nlellae Covned ne,eby, This oI Moll 11,11 bllcnmu 11111,11,x] ahW wxilpxRl by the deaMr Or -? h I 1 h Nnd rgl11n1Amx Yo Ili. b Yo, meY cYl i m s 61 In Y at!(! acn o1, u I it elI n? cny DISCOUNT OR ----' - - hills bah"O lunpl OI is c,py .t ma nnllad ur.d by .11 uim mrod daxlar mP mmnlellve by FACTORY MONEY f " ,1 -- - 1 -f- __ yY Wunen xa IT Yxmlfall- -- IF- T,-- is- .nnonr by li a xnm. A , iT Ihm u«jBr TAXABLE AMOUNT a:N IwlxI mI a has d IW Rrme n,'V,/X-11111 rd lyU}?''° 1 x Ir le 1111, of this cMer Puchae TAX SdbSmen ... _.. BALANCE DUE ON TRADE PUBLIC TRANS ASST TAX TEMP T Appmvnd BQ ?. (?; _ otOWI;ENRAS[EODO ? NON I I.rml - (J ODOMETER STATEMENT IRLEF?,^?gNSF?F?- fFES. ISTRA?1 C. EASE) BRENNER CP JEEP L. L. C. DEALER OFFICIAL FEES ?E?71RM-0I! M Y ! fl rl .911111 1 III rlnf .... w - - - -- -' n Iee ON LINE REGISTRATION FEE _ I VI 111 111 r, lua 1) 1 Prltu.Il 0py kNtwlndl I I I IIIIKIe _ --- -- - ____--______-_-.___ xl rlleflr)I '1 1, 111I i 11 ,, I rIl Illln free W 1?JIIden 11115 : IO:Nnx nl lnerebycnvly nwt,numbxuldIII, NawMdl]x me onnrnllYr nlnlbrry ONLINE DEALER SERVICE FEF.' rtlllMae lhx ll uIDn rlln 1,l(plmoxlxfiY illX It erhll ntx ll Is ___ ___._.__ _ _._ -,1? :? TO rAL AMOUNT DUE 0 fill I hii cedxy IN" the a)onloher rnxdlnll,x Nor the n1j"i l nulMxl]e --_ ___- . ?_..__,•.yer_ WARNING ODOME.TI R UISCRE PANCY DEPOSIT ON ORDER " `° rlAmr BRENNER CP JEEP L.L.C. CASH ON DELIVERY f 1 II All", Fill. , 6039cpR-CiSY.E Rlitl@ r.YN _ _... hECll{W r PA 1AMOUNT 10 HE FINANCED --?, ?•-- m 1 -ihviaSil a HA1.00 MG 60 4fc? l r)/7 I I,.. N',I l.l,1A !. rUMf ?/ l,All I •IWIM111 Ii1 !'?1 °'?•rurnnli - NIA",I,I., - JANI_ T. SALISBURY NE IIIAN' I HM1E •, ._ JN yy_ ?'_ ALIllff 9,1 1'?71.OC3( OEF'"iii ri ?uwf, '"'" ?EW aAWALAW PA 179' 11 Ar'IIFII r•I //?{'?1 IAMI q1 c v Irr..,. T CRFDIT INSURANCE IAFD1T I Ill: NSURANCE AN() CRFDIT Q(SARILIIY INSURANCE ARE NUI FIEW11IFU rU Oql nilY CR[In1 MITI WIL I. NOI "1 P"'I'l UED UNLESY vllU YIN AND IGAEE fit PAY TI? AOPII,0NAI ,.Aril IY ri U I U NIJr WISH tO HAVE THlli PFIOtECIION IN YOUR CCAIRR;r YtyU MUSr'.;,IIN RF.LOW IOr ANr CVEDIr LIFII IDOL r wANr CRmi r DISA8wY /' `/ MUIURVIN ICLE INS E UML N I Toni 1 CON I HAL I. ANNUAL the ml of yaw(rrnnr?urnrl ma a Yuay eta. .cI n?,l ,ue P1101NU0E Towas i 81.6400.64 Anwunl funny red u.?I1;I1 1,1 Papupnls _??- Igll G11e Price IM Innbynl 111 an,Fl plur=JrJ Iny pup-P.I rm1 tip MYe pull site, ypu the tall Carl of yaw pw(Aa, an to rn,t Pr nn was u.nn1 Mve nude w YI h n1.Ald m,,cenls (HO Inr10dml out dHADIIMII,I ,413 UM.Y i I IRA?9a. h s 16643. IN I S 111181.3. te0 Your h aWM %. wine sea Satisfy Yuu u e .. , m[n11 ood in the "farm .en¢le nun No ul P1 mlMa ArnwMalormm0 WMn Paymmb An_Ilue _- ___....__._. purch'ad Ply yin. "A is equal _ i JZ7. a Mill hlr are nnml., Napaymenl. II gnu 114 all ndr, Yau •III real Nrve lu prig o prmllY URI CNerp' II a payment N Ill,, you willM char3M1 311 of the pardon Ol the p i,a u t •rnch n Ill ht, each manor, or pill of I If spates than IO dtk that it rarnolm unpack SN bent am any other Contract documwV for any adds l it ormahdn about nonpoinni default, any evill lopgmrnl in lull bolos in, scheduled data and pregymenl relYndl IM penMI4A I mNn$ Nbnow In this Conflict WINNER CP JEEP L.L.C. If YOU 00 NOT MEET YOUR C0419ACI el ul 11IM C1Yi14E PIKE IECIOPNI(.'®m, PN ime VEHICEF ACID PROPERTY HATI YOOU the 3llllR. Name Addlal ho Cado MONEYOODUHTll THIS T ON Willi DtP051! WITHTN THE AS3JGNII IGNH. You am NIUYERIs1.....,NEL1S__T.:.§TN,FtiniEl)N1!. 48,3 HEPt OCK,RD. IEM CU14KNL M PA 17074 Nif Aliduplell - - -IIpwafl it them If more the 11 one Bill., 1'(11 plPmer1, a par ably end tail In. la ply all sum, due w .,,it la helps in it is, sta llm Ina Carl ...I IIUD4u'. Yca Mw Vedod m me ?? wel., q4111 r 'Yevan Make " _._ -. ,. 111 M11MA 4 Mill wall aI the rshhle you he,, ledaJ in. the Tenn all pp oA C,i amwpl on goy bOOI You.erranl W reprennl low that 1e, VWRN NIFNI'=NICHIM, encumbuuuw M[uldy lnlnoit.a pl aNawnmth114muetlon yl Mlaunl flnen[ed ulM'EUn PauN_ U : Yep met ip of the Ilea Peron title elan mlwelK?i i oWtIn enrol Imo le Het la ins emi ryunN red md hob" at" out M w or aeNMm of Vw,[N. In title Conti wl, you if. yram,pt to Insure the Vehicle and and W h insured CREDIT IN IUAANCI 11 NOT NCQUI110. Credal Lln Inaunnu end Cnml Accident t HWIb Tow Willi Insul nu if, not I equved to Ob n credit and .11 not be prdrkw union you pan MMe And agree to rely Ind oddIWNI cosi PIaN IoW Ih1 NOTICE Of PIRPOSED Ci INSURANCE on the rnnN we Your mlwana ceNhats Or Mill, .,if fell you the MAXIMUM amount of lmunnce available kit rnlwenu purchased NM be tar the Iron of the awn 1r, ki Yw aIK14n`Ia7Al edit Ids lnlu,wu. Whit le,ow Or noong you aletl Smile CI WII ArniN11A Whet Il,as, .A4A nN11 .._..,.__BB_ Penh Ineuenu, wh Call, 1 .1.11./7 _ "at _ Yaon ANIWn of Burn la MlnwnJ lac Smth Gadll Ule lnmunap SInNPpq BuyN to Manurial for Snip UYM kaMA{IwM mwrorcd 11411In{ IN Win well Taal N/q Whawe AY Ypnng IN both Wert WM GeIA N/hum. P"Crni Gdnl Welnnunn,•hahcmM7 Your oA.0 kckM{IWMlnwnrYt PhnncmUi____ M,H,k, lobe round L- MPMWraBoth Buyarlo M,nwrw Cr lamlbMl Gh lnwnme S,gmtomde Of Cash Buyers afth ill guic. ad far tall U w,l Accident pl { HIaMI Imunu VEHICLE You hove yned to Iw¢hAn, ardor the lane 01 this Conhwt NI following moll NMCII and IU title equipment Conch is uIIM Ihi'Vil in this ConIrNL DLL YAM AU Mehl km DRGY ask rep. CYt lued Tp0 CLAKO Rd lissil USED I"?C EVARE A pU VANS 911 6 19E119MNV013751 !quipped -ALT _PS. _AM To Road _SSpd Clhel -_. ANIMNII: We may aWln Hill Contract And Swurlly A reemenl Io a sans Imana company of n Ihe'A nignee' 11111, Assignee HI I eCLGa Y _ The ConUNI to a Inbrandonl aargNe, Ilia tarn left re?are to such subsequent aAlgnle. Aber the assignment, all rights and his at the alders Stratifies " You ape, a Pall 311WI in Use Contract and in the Security Apeeminl shin belong to and M enforceable be the buYnee Ile Assignee all nollly you when Is us the Amoonl YmarNw him minW re, and d Sailer makes an aAl.ig,nment. u? MYN,RL,tr4RVA?. a41a1wtiLTYeL? iei sal 3N?j. INt 0`.!)n[IE%/73V 1as.!•7[v"IX %b(?G parrnellsalS 277.13 - - yJ^ ?^6P• ,^ 1 errs. end a line O'l l at CO-0IOMR Any Dime, inane the Go Signal I sentiment hpon pmnuus aepulely urd initial, isle if Cur Srgnnr Vl no nuYn pl. In Poo 3 277.73 the mst HI Nrnal and to pestwm ell aeNmenls m Ihn Conteol. C. Signer .,If not bean Dome of the Vehicle. ptiY,nenl tact be due sin M UM{ C04WNIE: Any person ergnmg the Ca-Osyn11le incline Agreement If eves us a lecuulY'nlerrsl 11 fire Vistula end tents sepeulely and aura lA prymwle IaPIMr YIIh an Co Oenall and OuYe IU. to perform all Insists m list 9ecunly Attainment and l1 CIOer pill, of IM ConlraCl Ocapl the 02 , 'Pta11N M Pay. se[Iloa. .,It bas due an mil eeMe day al sir h manta TERMS: The Term, Open it, the bills, tame ere pill at this Transit folkyrong PRONI3l TO PAT. Yuu ague la pap us Ike lulu Sae INICY lot the -41 1 mast the Cast I SECURITY AOREEMENI to savun the papreal ill all sums due .,,it the unfannanal of al 0ompymem and awgnmpha Vile In, Y nNn, above, on or basal traders of this CanVlCt and a11uued abhlahani under Iles Contract, You eve a fXmdY 111111411 a In, Venmla, is 11 treat us the krwunl fmamW plul n,le,esl. Tau promise to mob paYmmlU m acca,Jwca nth the IntVa Icall.d at,iffs ord I alnchw to Ilia vehicle if env Ian IIm4 and in any proceeds of Nproem Schedule . You promo n make payments on a, wrote in Lm, deg CI e¢It ,it, M an ?he a mcle, Inc WJlne,nsurance proceeds. The Assignee may setoff any ,mounts due and first O&OWt due date. You OWN to paY all plan amounts eh4h rmY be,." Jm under IN lams ,uni under lhn Canlnq igamsl any of your manor, an deposit with Asugnev this as Ilea CAOV¢t. You ties to pay the Seller or Assignee casts of full you 41w ague la pay err. ulna any marry synch ?a nnw in my in Ise Inlura Do Jepofdad edh All by soft raopNbla facilities too,,! kiln or Ase4nee Islas or aMinn., m 1Jort annum, dm roll" the As DLITI eyNAL 7TEERt any Me AP without CONDITIONS nontS7 ce in T11S YOU _ MAY fnnlucl w to purled or NI poruMlw,ill the Virile Ind sere TO nnaka Ual I'll'al We eau in to SIDE IOU IOBLIA?16CLd"""'" 2CT7TTrwl'tE1DN aFSdN TAF RFQFN3F SIDE YOU RE BLIOA ED TO ALL 1111! 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Tshe Parum I., Pn..nWI nymnl halls. as "(rr S,yneq" prnmue ill for, In is all entire Jue nn this CPnlrlcl and pr pnllum all e/aamYPla ul nuo(lnnraat You mend lP no legally hunnd by 111 the Islas ill into Cnnb Fa, eapunvly and mgelhel. .,if, l ha hire, Vnu era makingr aPmin,ww Induce el su mete elm Lulled .dh the Iiuyl, van (hall urn all we Ilia mnceute only fill Ill. Buyya's henshl. You tree br pay even Ihnulh was may nnI h... Made NY cut stir demmd list p iylnun' in the Nuy41 err elerceed unr mammy YP.rul Yun del mid nu any elnrhq a aomptemJ city of t his (' off f9PAij SF AI I (ins/u r%leurum Adilives _ __._. liala 'OAWNRM'c_ aklgNISY Ai NYH..Y, m, u nu pu,um ern,a Ill he hu"( Ownvr;'In if tier ,rah flu A.. .... lherd evnnng Full. airuarm'rvnll he Wr ,..I Vrp 1, hiis pre m a stir, Piny I.I. is ., P e 11d IPJ aln¢r Y.ln .Yrva Ill M s I pl 11 II mn hY 11v ma if the Yru. We,am .n ... hut pwlr ul rho c 'Yenrow .. t if tiatet. on rift "111emeft In l'acy'...m? Yu+. reu... se nhraamdmu m uka 111 la O UmYh nlht he hit n . mu In, Lot uum M1yflu Ruyn u ell lure, shift .. lm pit sib ale, Cn,llr sir Ynn .,If If n,d era uvpnn„par Ln .111 v .u, drlumw ybub m,llo hie life only wtrnnannn and Ule „I 11n Veins [it ._ - ,,.Y? (YI-AIJ fn-11ePa,1,y,,. Inn AJdit Ira, uybg Cp gI?N p p 0 CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT 01 A COMPLETED COPY Of THIS CONTRACT RiTE7iMfGF GNTU IIgiYN IiICNf 1 ref NO ll ve e R a V Y N Yk 41DP P UN I erg Fit) R I A N 11N10R YIA TION UN , (tit sihNfR 11J'CO OWNl11 ? _ ,M"I NIM'I,Na WP'l rlnlr No I I i I I , ? F r-r ? , fN , Ur tt ' n l ILI U w a ?_ o >r 0 0 U D ,? OU z y14 r v U ca >u7 1 f O E N yw ~0. m rv 05 EZ?QZ 7az a y a0 r na z<??s Hw O aaEU i ado 4 u H y T °? N T, 0 W 14 .S'. i V EUZ?4 z 6. W HN W JANICE T. SALISBURY Plaintiff VS. MICHAEL S. SALISBURY Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 97-4900 : IN DIVORCE N O T I C E T O D E P E N D You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriaae counselors is available in the Office of the Prothonotary at: office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Court House Fourth Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 JANICE T. SALISBURY : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA Vs. : CIVIL ACTION MICHAEL S. SALISBURY : NO. 97-4900 Defendant : IN DIVORCE ANSWER Defendant, Michael S. Salisbury, by his attorney, Mary A. Etter Dissinger, Esquire, files the following Answer and respectfully represents that: COUNT I COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted, 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Denied. It is denied the Plaintiff As the innocent and injured spouse. It is denied that Defendant has offered indignities to the Plaintiff. It is denied that the Defendant has rendered Plaintiff's condition intolerable and her life burdensome. 13. Admitted. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 14. Admitted. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 15. Denied. It is denied Plaintiff is unable to support herself through appropriate employment. 16. Denied. It is denied Plaintiff lacks sufficient property and income to provide for her reasonable needs. 17. Denied. It is denied that Plaintiff requires alimony to adequately maintain herself in accordance with the standard established during the marriage. 18. Denied. It is denied Defendant is financially able to provide for the reasonable needs of Plaintiff. COUNT IV CLAIM FOR ALIMONY PENDENTE LITEo COUNSEL FEESp AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 19. Denied. It is denied Plaintiff does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this divorce action. 20. Denied. It is denied Defendant is full and well able to pay Plaintiff alimony pendent lite, counsel fees and expenses incidental to this divorce action. Plaintiff/Counter-Defendant is directed to answer the following Counterclaim within twenty (20) days, or suffer possible default. COUNTERCLAIM Defendant/Counter-Plaintiff avers by way of counterclaim: COUNT V CLAIM TOR COUNSEL FEES AMP EXPENSES UNDER SECTION 3702 OF TNF CiVORCE CODE 21. Defendant/Counter-Plaintiff is Michael S. Salisbury. 22. Plaintiff/Counter-Defendant is Janice T. Salisbury. 23. Defendant/Counter-Plaintiff is unable to support himself through appropriate employment. 24. Defendant/Counter--Plaintiff lacks sufficient property and income to provide for his own reasonable needs and those of his children. 25. Defendant/Counter-Plaintiff is financially unable to defend this divorce action and resides with his parents. WHEREFORE, Defendant/Counter-Plaintiff requests the Court to: a. Dissolve the marriage between the Plaintiff and the Defendant; b. Equitably distribute all property owned by the parties; C. Deny Plaintiff's request for alimony; d. Direct the Plaintiff to contribute towards Defendant's counsel fees and expenses and costs of suit; and, e. And for such further relief that the Court may determine equitable and just. Respectfully submitted: DISSINGER & DISSINGER By ?-- Mary A. Etter D ss nger Attorney for Defendant Supreme Court ID #27736 28 North 32nd Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Michael S. Salisbury, verify that the statements made in the foregoing Answer and counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. JANICE T. SALISBURY : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA Vs. : CIVIL ACTION MICHAEL S. SALISBURY : NO. 97-4900 Defendant : IN DIVORCE CERTIFICATE Of SERVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a copy of the foregoing Answer and Counterclaim has been duly served upon John J. Connelly, Jr., Esquire, attorney for Plaintiff, by depositing same in the United States Mail, postage prepaid, addressed as follows: JOHN J CONNELLY JR ESQUIRE 108-112 WALNUT STREET P O BOX 963 HARRISBURG PA 17101 Date: ,La?G /`l7 `e' Dim Mary A. Liter mss nger, Esquire Attorney for Defendant JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN TILE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION - LAW NO, 97-4900 CIVIL TERM ORDER OF COURT AND NOW, this 23rd day of October, 2001, upon consideration of Plaintiff's Petition for Emergency Relief, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 15 days of service. Susan M. Kadel, Esq. P.O. Box 650 Hershey, PA 17033 Attorney for Plaintiff Mary A. Etter Dissinger, Esq. 28 North 32nd Street Camp Hill, PA 17011 Attorney for Defendant :rc M BY THE COURT, V JANICE T. SALISBURY, : IN THE COURTOF COMMON PLEAS Plaintiff CUMBERLAND COUN'T'Y, PENNSYLVANIA V. No. 97-4900 CIVIL. MICHAEL S. SALISBURY, CIVIL ACTION - LAW Defendant IN DIVORCE. ORDER of COURT AND NOW, this _ day of 2001, it is hereby ORDERED AND DECREED that the Respondent, Michael S. Salisbury, Defendant in the above-captioned divorce action, is ordered to cooperate with the Petitioner, Janice T. Salisbury, in transferring the jointly owned 1993 Jeep Grand Cherokee to the Petitioner so that she may utilize the car as a trade-in. Respondent shall take such action within the next five (5) days from the date of this Order. ORDERED BY THE COURT: J. JANICE T. SALISBURY, Plaintiff V, MICHAEL S. SALISBURY, Defendant : IN THE COURT OP COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No.97.4900CIVIL CIVIL ACTION - LAW IN DIVORCE AND NOW, conics the Petitioner, Janice T. Salisbury, Plaintiff in the above-captioned divorce action, by and through her counsel, Susan M. Kadel, Esquire, of.lames, Smith, Durkin & Connelly LLP, and avers as follows: On or about September 10, 1997, Petitioner filed a Complaint in Divorce against the Respondent, Michael S. Salisbury, Defendant in the above-captioned divorce action. Petitioner and Respondent were married on December 29, 1983 and separated in March of 1997. The Divorce Complaint included a claim for equitable distribution of marital property pursuant to §3502 of the divorce code. 4. Since the parties' separation in 1997, each party had access to a separate vehicle for their personal use. Both vehicles are marital property as that term is defined in the divorce code. The Petitioner is currently driving a 1993 Jeep Orand Cherokee which is titled in joint names. The vehicle currently has approximately 163,000 miles. Since April of 2001, Petitioner has invested approximately $2,800.00 in repairs and the vehicle is next scheduled for inspection in November of ?001. In order for the vehicle to pass inspection it will require approximately an additional S 1.000.00 worth of repairs. 6. Petitioner desires to purchase u used mini-van and use the Grand Cherokee as a trade-in. 7. The Respondent has on numerous occasions in the past several months asked Petitioner whether or not she wanted to have the car put in her name. While she was in agreement, the parties simply did not make any effort to have that accomplished. Last week, Petitioner contacted Respondent indicating that she now desired to have the car transferred to her name alone or to have him join in the process of a trade-in in order that she could purchase the new vehicle. Respondent has flatly refused to do so. 8. Respondent has had the use of his own vehicle since the parties' separation which is also titled in joint names. Petitioner has offered to also place that vehicle in his name alone, however, Respondent will not discuss this with her. 9. Petitioner is a real estate agent and needs a vehicle for her employment. She is not able to afford the upkeep on the 1993 Jeep Grand Cherokee and desires to trade it in at this juncture for a more reliable vehicle. Petitioner acknowledges that the value of this vehicle is marital property, however, she needs Respondents cooperation in signing the appropriate paperwork in order to transfer title for a trade-in. 10. Petitioner believes, and therefore avers, that she will be irreparably harmed if Respondent is not forced to cooperate in the transfer of this vehicle. Respondent has not indicated at any time that he desires to have possession of the vehicle, he simply is refusing to cooperate in the transfer in order harass the Petitioner. WHEREFORE, it is respectfully requested that this Honorable Court enter an Order specifically directing that Respondent cooperate in the transfer of this vehicle Within five (5) days of the date of the Order. Date: Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY C? //t < Susan M. Kadel, sgwre Attorney for Plaintiff, Janice T. Salisbury Post Office Box 650 Hershey, PA 17033 (717) 533-3280 I.D. No. 44837 VERIFICATION 1, Janice T. Salisbury, verify that the statements made in the foregoing Petition pre true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: Janice T. Salisbury, Plaintiff JANICE T. SALISBURY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 97-4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE 1, Susan M. Kadel, Esquire, of.lames, Smith, Durkin & Connelly, attorney for the Plaintiff, Janice T. Salisbury, hereby certify that I have served a copy of the Petition for Emergency Relief on the following on the date and in the manner indicated below: Mary A. Etter Dissinger, Esquire 28 North 32"d Street Camp Hill, PA 17011 DATE: ?/ JAMES, SMITH, DURKIN & CONNELLY By:-?=3 " - el, Susan M. Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No, 44837 qo) 4. r ' i J. i r r 1 nPYkK+<f4( I !? k tl I JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-4900 CIVIL : CIVIL ACTION - DIVORCE RESPONDENT'S/DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION FOR EMERGENCY RELIEF AND NOW, comes the Respondent/Defendant, Michael S. Salisbury, by and through his attorney, Gary L. Kelley, and respectfully responds to Plaintiffs Petition For Emergency Relief as follows, Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted that Petitioner/Plaintiff is currently driving a 1993 Jeep Grand Cherokee jointly titled in both names. The remainder of this averment is denied as Respondent/Defendant is without knowledge as to the truth or falsity of these statements. By way of further answer, Respondent/Defendant is an automobile technician and has invested his private funds and time in maintaining the vehicle for Petitioner/Plaintiff post-separation and has offered to continue doing this. 6. Respondent/Defendant is without knowledge as to the truth or falsity of this averment. Hence it is denied. By way of further answer, Petitioner/Plaintiff frequently wishes to purchase many items on a whim and suddenly changes her mind 7, This averment is denied in its entirety. By way of further answer, while the parties may have had general discussions regarding the transfer of various assets, Petitioner/Plaintiff has refused to transfer any property. Moreover, Petitioner/Plaintiff has not made any offers of resolution to complete this matter. To the contrary, she has been obstreperous at every instance in this case and repeatedly refuses to cooperate on the simplest of issues and has previously filed baseless petitions. Petitioner/Plaintiff has been refusing to buy any clothing for the minor children, refuses to provide any lunch money for them, and has forced the children to make purchases of necessities out their own pockets alleging that she does not have enough money to live and that she lives "hand to mouth." Her bills are frequently unpaid. Respondent/Defendant did not "flatly refuse" to do anything, Instead, he questioned her ability to afford another vehicle and the attendant insurance when she unable to provide the basics for the children and has so many unpaid bills. Respondent/Defendant views Petitioner's/Plaintiffs latest petition as merely more of the obstreperous behavior she has displayed during the past year and one (1) further groundless petition to which he must respond. Further, Petitioner/Plaintiff frequently engages in rather impulsive behavior. 8. Admitted that Respondent/Defendant has had the use of a jointly titled vehicle during the past year as has Petitioner/Plaintiff. While Petitioner/Plaintiff may have offered to place Respondent's/Defendant's vehicle in his name, Respondent/Defendant desires to resolve this matter in its entirety rather than in the piecemeal fashion which Petitioner/Plaintiff is presently attempting. Respondent/Defendant has not refused to discuss anything. 9 Denied that Petitioner/Plaintiff is a real estate agent and needs a vehicle for her employment To the contrary, Petitioner/Plaintiff has described her employment in various terms as of late, not including real estate agent, in what Respondent/Defendant avers is an effort to minimize her earnings and earning capacity. Respondent/Defendant does not have a basis to form a belief as to the truth or falsity as why Petitioner/Plaintiff wishes to trade her vehicle. Hence this averment is denied. Admitted that the value of the vehicle is marital property. The remainder of this averment is denied. 10. Denied that Petitioner/Plaintiff will be irreparably harmed if Respondent/Defendant is not forced to cooperate in the transfer of the vehicle. To the contrary, the parties' minor children will be irreparably harmed as Petitioner's/Plaintiffs dire financial situation will deteriorate further with the addition of further unaffordable expenditures. The remainder of this averment is denied. By way of further answer, it is the Petitioner/Plaintiff that is engaging in harassing conduct. Petitioner/Plaintiff did not "request" that Respondent undertake any action. Rather, she bluntly demanded and directed that Respondent/Defendant immediately sign over the vehicle or she would direct her attorney to force him to sign over the vehicle. Counsel never received the courtesy of a letter but was served the Rule to which he is responding. Since the Rule was served, Petitioner/Plaintiff has harassed the Respondent/Defendant on nearly a daily basis. WHEREFORE, based upon all of the foregoing, Respondent/Defendant respectfully requests that ??P,,etttieitiioner's/Plaintiffs petition be denied. ^ Date: z?^r ------ Ga 1 elley ID No.468Q1 132-134 Walnut Street Harrisburg, PA 17101 Attorney for Defendant JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-4900 CIVIL CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE AND NOW, this 12th day of November, 2001, I hereby certify that the Respondbnt's/Defendant's Answer to Petitioner's/Plaintiffs Petition for Emergency Relief in the above-captioned matter was served upon the following individuals by U.S. Mail, First Class, postage prepaid Susan M. Kadel, Esq. 134 Sipe Avenue Hummelstown, PA 17036 )J7 l.-'14#44, Gary el ley ID No. 46801 132-134 Walnut Street Harrisburg, PA 17101 (717) 238-1484 Attorney For Respondent/Defendant 4 I JANICE T. SALISBURY, : IN TILE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL. ACTION - LAW MICHAEL S. SALISBURY, Defendant NO. 97-4900 CIVIL TERM ORDER OF COURT AND NOW, this 28'h of November, 2001, upon consideration of Plaintiffs Motion To Make Rule Absolute, a hearing is scheduled for Thursday, January 10, 2002, at 2:15 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT. Susan M. Kadel, Esq. P.O. Box 650 Hershey, PA 17033 Attorney for Plaintiff Gary L. Kelley, Esq. 132-134 Walnut Street Ilarrisburg, PA 17101 Attorney for Defendant :rc Ail 01 ttfT' 2>3 it i ,i; n1E PENNU'n U VIA I I I r II: r i r I r I I I r r 1 - 1 I I ., I • ? ? 111 I 1' TO LAW OFFICE YOU .It N[S[tY NOTI/I[D TO ?l WIT N W[ NIRUY C[RARY THAT OTHS P WITHIN It TN[ [NCLOtSD WITHIN „JAMES, SMPPH, DURKIN & CONNELLY, LLP A TSu[ ANR. COSt[CT 0Y or TNf TW[NTY I[01 OATS OF t[NYIC[ NR11[O/ Od r OSIGINAL /IL[O IN THIS "TIOM. A GIIAMLT JMOGM[NT MAY ¦[ [N790190 P. Q Box 610 „ AGAINST YOU • NY `` NOV ?r HERSHEY, PENNSYLVANIA' 1707X OM woooir I ?,1'..r-k-wk}4c?d?eTiGJtiluw+rrw•.. ,r1 t , i i a. r I .. _ ...sue-.. - 1 , JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 97-4900 CIVIL MICHAEL S. SALISBURY, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND NOW, this _ day of 2001, upon consideration of Plaintiffs Motion for Emergency Relief as well as the Defendant's Response thereto, the Defendant, Michael S. Salisbury, is Ordered to cooperate with the Plaintiff, Janice T. Salisbury, in transferring the jointly owned 1993 Jeep Grand Cherokee to the Plaintiff so that she may utilize the car as a trade-in. Defendant shall take such action within the next five (S) days from the date of this Order. BY THE COURT: J. Wesley Oler, Jr., Judge JANICE T, SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 97.4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION LAW Defendant IN DIVORCE ORDER OF .O 1RT AND NOW, this _ day of , 2001, upon consideration of the attached Motion to Make Rule Absolute, it is hereby ordered that a non-jury hearing be scheduled for the ,_, day of , 2001, at o'clock M. in Courtroom No. of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: J. Wesley Oler, Jr,, Judge JANICE T. SALISBURY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 97-4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION - LAW Defendant IN DIVORCE MOTION TO MAKE RULE ABSO . ITE AND NOW, comes the. Plaintiff, Janice T. Salisbury, in the above-captioned action, by her attorney, Susan M. Kadel, Esquire, moves this Court to make Absolute the Rule to Show Cause which was issued in the above-captioned matter on October 23, 2001 and in support thereof states the following. On October 19, 2001, the Plaintiff, Janice T. Salisbury, filed a Petition for Emergency Relief requesting that the Defendant be required to cooperate in transferring the parties' jointly owned 1993 Jeep Grand Cherokee to her so that she could utilize the vehicle as a trade-in. On October 23, 2001, this Court issued a Rule on the Defendant to show cause why the Plaintiff Petition for Emergency Relief should not be granted, returnable 15 days from the date of service. 3. Said Rule was served on counsel for the Defendant, Mary A. Dissinger, Esquire, by first class mail on October 29, 2001. Since the service of the Petition and Rule, Gary L. Kelley, Esquire, has entered his appearance on behalf of the Defendant. 4. On or about November 12, 2001, the Defendant filed a Response to Plaintiff s Petition for Emergency Relief. It is submitted that the Defendant has raised no reasonable objections to the request made by Plaintiff; and WHEREFORE, the Plaintiff, Janice T. Salisbury, respectfully requests this Court to make the Rule to Show Cause Absolute and to enter an Order specifically directing that the Defendant, Michael S. Salisbury cooperate in the transfer of the aforementioned vehicle within five (5) days of the date of this Order. Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY I Date: Susan M. Kadel, Esquire Attorney for Plaintiff, Janice T. Salisbury Post Office Box 650 Hershey, PA 17033 (717)533.3280 LD. No. 44837 JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL. : CIVIL ACTION -LAW : IN DIVORCE 1, Susan M. Kadel, Esquire, of James, Smith, Durkin & Connelly, attorney for the Plaintiff, Janice T. Salisbury, hereby certify that I have served a copy of the Motion to Make Rule Absolute on the following on the date and in the manner indicated below: Gary L. Kelley, Esquire 132-134 Walnut Street Harrisburg, PA 17101 DATE: 1144it- Itz yw?? JAMES, SMITH, DURKIN & CONNELLY Susan . Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 r I 4 JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 97-4900 CIVIL. MICHAEL S. SALISBURY, Defendant CIVIL ACTION -DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of the undersigned as counsel for DEFENDANT in n° the above-captioned action M Date: /I /3Q u 1 u_ T r.. ?- Mary A. Ettbr Dissinger, Esq. -{ < e; 28th N. 32nd Street Camp Hill, PA 17011 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of the undersigned as counsel for DEFENDANT in the above-captioned action Date:,_1 `d Gary L e ey ID No. 01 132-134 Walnut Street Harrisburg, PA 17101 Attorney for Defendant -c Y b _... i? 1. I I 1 1? 1 ' ? ' ?? 1 V t l ' JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO, 97 - 4900 CIVIL MICHAEL S. SALISBURY, : CIVIL ACTION - LAW DEFENDANT : IN DIVORCE ACCEPTANCE OF SERVICE I, Mary A. Etter Dissinger, Esquire, attorney for the above-named Defendant, accept service of the Complaint In Divorce on behalf of my client, Michael S. Salisbury. Date: loll /! Mary A. Etter Dfssinger, Esquire 28 North 32nd Street Camp Hill, PA 17011 (717) 978-2840 r To, LAW OFFICE YOU AMR H9A9SY NOTI1190 TO FL9AD TO WC H9S9SY Clim" ' THAT TNC WITHIN is THS 9NCL0490 WITHIN JAMES, SMITH, DUMN & CONNELLY, LL? A YCUC AND COII OCT COW a VMS TWtNTT IQOI DAYS OF tt"Icx HC119or ON DIIIGIMAI. 911.60 IN THIS, AOTION. A D9FAULT JVWM9NT MAY 49 SNTIMKD .. '? P. Q BOX ISM I, AGAINST YOU. I •T •r AT HERSHEY. PENNSYLVANIA 17077-0Art~ ATfGII1Mlr M , , I I 1aM t 1 . 1 _:,nR.. a-.;"•- JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 97 - 4900 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please change the name of the firm and address of John J. Connelly, Jr., Esquire, attorney for the Plaintiff, Janice T. Salisbury, in the above-captioned action as follows: JAMES, SMITH, DURKIN & CONNELLY LLP Street Address: 134 Sipe Avenue Hummelstown, PA 17036 Mailing Address: Post Office Box 650 Hershey, PA 17033 JAMES, SMITH, DURKIN & CONNELL.Y LLP Date: 9--C4Q-ap By IV (717) 533-3280 PA I.D. No. 15615 ! }Uri C': L ) ! C?l I ! y o , JANICE T. SALISBURY, Plaintiff : V. : MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 97-4900 CIVIL TERM AND NOW, this 14th day of January, 2002, upon consideration of Plaintiff's Petition for Special Relief in the above-captioned matter, and of Respondent's/Defendant's Response to Plaintiff's Petition for Emergency Relief, and following a hearing held on January 10, 2002, it is ordered and directed as follows: 1. Within 30 days of the date of this order, the parties shall execute such documents, and take such additional steps as are necessary to transfer title to the parties' 1993 Jeep Grand Cherokee to Plaintiff and to transfer title to the parties' 1990 Pontiac Grand Am to Defendant. 2. Nothing herein is intended to represent a determination as to the ultimate proper division of marital assets for purposes of equitable distribution. By the Court, J?Wesley COX, Jr-, ?6.' Susan M. Kadel, Esquire For the Plaintiff Gary L. Kelly, Esquire For the Defendant ?., wcy JANICE T. SALISBURY, Plaintiff 0 V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 97-4900 CIVIL TERM ORDER OF COURT AND NOW, this 10th day of January, 2002, upon consideration of Plaintiff's Petition for Special Relief in the above-captioned matter, and of Respondent's/Defendant's Response to Plaintiff's Petition for Emergency Relief, and following a hearing held on this date, the record is declared closed, and the matter is taken under advisement. By the Court, i J. eiley O , Jr.-, (,e. Susan M. Kadel, Esquire For the Plaintiff 0L Gary L. Kelly, Esquire c' For the Defendant r.i wcY r ,-° c, AUG 1 8 1004 V U JANICE T. SALISBURY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 97-4900 CIVIL MICHAEL S. SALISBURY, : CIVIL ACTION -LAW Defendant : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of August, 2004, a Rule is issued upon the Respondent, Michael T. Salisbury, to show cause why the within Motion to Compel Discovery Responses 20 should not be granted. Said Rule is returnable within im (-18) days of service of this order. BY THE COURT, AV I? 1 4 JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ; No. 97-4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION -LAW Defendant ; IN DIVORCE ORDER OR COURT AND NOW this _ day of August, 2004, upon consideration of Petitioner's Motion to Compel Discovery Responses, IT IS HEREBY ORDERED AND DECREED that Petitioner's Motion is GRANTED. Respondent is hereby ordered to supply the information to Petitioner's counsel no later than ten (10) days from the date of this Order. BY THE COURT, J. JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE MOTION TO COMPEL DISCOVERY RESPONSES ti AND NOW this day of August, 2004, comes the above named Petitioner, Janice T. Salisbury, by and through her attorney, Susan M. Kadel, Esquire, and James, Smith, Dietterick & Connelly, LLP, files this Motion to Compel and in support thereof avers the following: Petitioner is Janice T. Salisbury, Plaintiff in the above-captioned divorce action. 2. Respondent is Michael S. Salisbury, Defendant in the above-captioned divorce action. 3. On or about December 17, 2003, Petitioner served upon Respondent a Request for Production of Documents. A copy of said Request and the enclosure letter are attached hereto and collectively marked Exhibit "A". Respondent failed to answer the Request for Production of Documents within the thirty (30) day time frame; said responses being due on or about January 17, 2004. 4. As a result of Respondent's failure to respond, Petitioner sent a letter to the Respondent on June 10, 2004, again requesting a response to the Request for Production of Documents. A copy of the June 10, 2004 letter is attached hereto as Exhibit "B". 5. To date there has been no response whatever from Respondent to either the letters or the discovery request. 6. Accordingly, Petitioner requests this Honorable Court order Respondent to supply any and all documents requested in Petitioner's Request for Production of Documents within ten (10) days, or suffer sanctions. WHEREFORE, Petitioner respectfully requests the Court order Respondent to supply the information requested in Petitioner's Request for Production of Documents within ten (10) days. Respectfully Submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Date:, 12AVi By. ' y Susan M. adel, Esquire Attorney for Petitioner, Janice T. Salisbury P.O. Box 650 Hershey, PA 17033 (717) 533.3280 PA I.D. No. 44837 JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 97-4900 CIVIL CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, attorney for the Petitioner, hereby certify that 1 have served a copy of the foregoing Motion to Compel, on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Gary L. Kelley, Esquire 132-134 Walnut Street Harrisburg, PA 17101 JAMES, SMITH, DIETTERICK & CONNELLY DATE:, Dd ?/ By. J lc. Susan M. Cadet, Esquire Attorney for Petitioner, Janice T. Salisbury Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I,D, No. 44837 jmtm SKmtl DIECIF oI & CoNNEU.Y LL P Sum hi. KAM Emil: arnk,dudc Do FAX 717.5)3.7771 December 17, 2003 Gary L. Kelley, Esquire 132-134 Walnut Street Harrisburg, PA 17101 Re: Salisbury v. Salisbury Dear Gary: My client is now anxious to proceed with finalization of the divorce action and, toward that end, I am in the process of preparing a Motion for Appointment of Master and an Inventory of the property. I expect to have those documents filed within the next ten (10) days. A review of the file indicates there is very little property to address and, I believe there is very little remaining to be exchanged between the parties. The largest asset is Mr. Salisbury's TIAA-CREF retirement and I am enclosing for your convenient reference copies of all documents I have pertaining to that retirement. You will note that I was previously provided with the date of marriage value of $11.373.70 and, as this asset began prior to the parties' marriage, the marital value would consist of the increase in value from the date of the parties' marriage through the date of separation which we believe to be May 15, 1999. While I have a value as of August 25, 1997, I do not have a value at or around the time of separation. Accordingly, I am asking that you provide me with that information and I have also enclosed a very brief Request for Production of Documents to formalize this request. Also, I am unclear as to whether there were any additional marital debts that Mr. Salisbury paid for directly other than those marital debts paid from the escrow proceeds from the sale of the marital home. Specifically, I am referring to the GE Select joint bill in the amount of $2,122.35 and the Bank of America bill in the amount of $3,037.18. Also, if you could provide any information of other marital debts paid by Mr. Salisbury that would be helpful in resolving these issues. If you would like to discuss resolution of this matter at any time, please don't hesitate to contact me. It is my understanding that Mr. and Mrs. Salisbury have discussed this case moving forward and, hopefully, it will not come as a surprise to your client. Sincerely Susan M. Kadel " SMK:hsd Enclosures cc: Janice T. Salisbury I"?.. ;-1PF F,f.IJpa I TUJI MAILIIIG ACDRE:I: P r Eo:' 61, HEREHE .1•, 170;' TEL 7v63333E0 FAlm P,w 717 635 777, 2IIU L". 717 533 3705 W W W J3C6 COM GARY L JAMES MAA J. SMITH, JR JOAN J CONNELLr. J SCOTT A, D MIRiCN JAMES F SPADE BRYAN S WALV MATTHEW CHAIAL III GREGORY Y. RlCwuu SUSAN M KADL JARAD W. HANCELMA DOHA M. MLLLIN EDWARD F. Seem NEIL W YARN COURTNEY „ KISHIL KIMBERLY A. DEWITT OF COUNSEL MANLEY DEAS S AOCHALSKI, LLC COLUMBUS. O. JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 97-4900 CIVIL MICHAEL S. SALISBURY, : CIVIL ACTION - LAW Defendant : IN DIVORCE REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT, MICHAEL S, SALISBURY You are requested pursuant to Pa.R.C.P. 4009 to produce the documents and things described below at the offices of James, Smith, Durkin and Connelly LLP, 134 Sipe Avenue, Hummelstown, PA 17036 within ten days of service hereof A. DEFINITIONS Whenever the word "your" appears herein and whenever the designation of the party served with this Request for Production of Documents appears herein and whenever any person or entity is referred to herein such word, designation, person, or entity shall be construed to mean not only the part served with these Requests, other person or entity is his, her, its, or their own right but also his, her, its, or their agents, servants, workmen, representatives, employees, or attorneys. If the party to whom these Requests are addressed is not an individual(s) ",your" includes the entire entity, its divisions, its merged or acquired predecessors, its present and former officers, directors, agents, employees, and all other persons purporting to act on behalf of it or its predecessors. For purposes of these Requests the word "representative" includes the attorney for the party and any consultant, surety, indemnitor, insurer, agent, adjuster, or investigator for the party or the party's insurer. For purposes of these Requests the word "statement" includes a written statement signed or otherwise adopted or approved by the person making it. It also includes a stenographic, mechanical, electrical, or other recording or a transcription thereof which is a substantially verbatim recital or an oral statement by the person making it and contemporaneously recorded. The term "document" refers to writings and printed matter of every kind and description including, but not limited to, checks, bank drafts, invoices, memoranda, photographs and drawings, graphs, charts, telegrams, letters, contracts, diaries, notes, minutes of any board of directors or committee thereof, and records of any event, written or oral communication and recordings (tape, disc, or other) or events or oral communications and other data compilations in whatever form from which information may be obtained or translated through human, mechanical, or other means into a reasonably usable form including drafts, copies, transcripts, and summaries of any of the foregoing whether or not within the possession, custody or control of the party to whom this Request is directed. As used herein "document" also refers to the originals of the materials listed as well as all copies, reproductions, and print-outs of such documents which bear any notations or other alterations not found on the original or differ in form or in substance from the original or if the original is not in the possession, custody, or control of the party or that of their subsidiaries, affiliates, divisions, or other organizational units or their agent(s) or representative(s). B, DOCUMENTS TO BE pRODU D. L Documentation and/or a statement of Michael Salisbury's TIAA-CREF Retirement Plan as of May of 1999. 2. A statement as to whether there have been any withdrawals, including loans made from the account during the past five (5) years. If so, provide documentation of the date, amount and repayment (if any) during the past five (5) years. Date: !•? `/7`0'? Respectfully submitted, Susan" 1GI. el, Esquire Counsel for Plaintiff, Janice T. Salisbury James, Smith, Dietterick & Connelly, LLP Post Office Box 650 Hershey, PA 17033 (717) 533-3280 Attorney I.P. No. 44837 3 VERIFICATION I, Michael S. Salisbury, verify that the statements made in the foregoing Pleading are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, 4 JANICE T. SALISBURY, M THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL S. SALISBURY, Defendant No. 97.4900 CIVIL CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Janice T. Salisbury, hereby certify that I have served a copy of the Request for Production of Documents on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS. PRE-PAID Gary L. Kelley, Esquire 132-134 Walnut Street Harrisburg, PA 17101 JAMES, SMITH, DIETTERICK & CONNELLY DATE: I I' U.' By: Susan M. Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 'r _'. ?. ? ?, I? - ' ' ? 1, ? ! - iI r i ?, ?, ? ? ? i ? i i ? I ? I ? i 1 ?. _ ' ! I_, I ? • i 1 I' l? (? I r I .I - i 1 i ? i 1 1 t. I I i i - '??1 ( r y ' ' ' ( ' 1 1 i U i . r -.C .. LI .? i ? l) ? ? ? ' . C;1 S.1 I i .. r ? i i. i ? ? ? ' ; ' .? r ? ? r ? r i i , i ?. ? ? I ? ? ' .. ?' ],\MIBSMI'II l DIV111 lilt k alt CL 1NNI1.1 Y I IJ' Susan NI Kudel 6mml. amkLJadc ugnl FAX 717 533 7771 I'() IrlI qW',p IIt W,111 Y IbA I/01II , ? L???e?. n'd lun November 19, 2004LR,•II?:I,WIi I? 11/11.1'.1 '.11140 *WW LtOI:- I)m E. Robert Elicker, 11, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Janice'T, Salisbury v, Michael S. Salisbury No. 97-4900 r Deny L. JAMBS MAE J. SMITH. JW Dear Mr. Elicker: JOHN J. CONNELLY. JN SCO" A. DIWE.R1Cn JAMES F. SPAM Pursuant to your directive dated October 26, 2004, I am hereby enclosing a Pre-Trial MATTHEW CHABAL, III Statement on behalf of the Plaintiff, Janice T. Salisbury. It is my understanding that you will SUSA MY KA HMDB JARAD W. HANm LMAN now proceed to schedule a Pre-Hearing Conference with counsel. DONNA M MDLLIN EDWARD P. SEF.BSR NAIL W. YARN I look forward to hearing from you. COURTNEY L. KISHEL KIMBERLY A. DEWIrt OF COUNSEL: Sincerely, MANLEY OEM & KOCHALSKI, LLC CMUMSUS, OH BERNARD A. RYAN. JR. LL HERSHEY, RA Susan M. Kadel SMK/als Enclosure cc: Cary L. Kelley, Esquire Janice T. Salisbury IAMION 5Mm1 I&I-IFE ICK & CONNEL.LY LlP Cumberland County Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Sum M. Kith Emil. 1wk1i]JSds,ann FAR 717.533 7771 March 14, 2005 y Re: Janice T. Salisbury v. Michael S. Salisbury No. 97-4900 To Whom It May Concern: Enclosed please find the original and one copy of Plaintiffs Affidavit Under Section 3301(d) of the Divorce Code and Plaintiff IS Waiver of Notice in the above-referenced matter Please return the time-stamped copies to my office in the enclosed self-addressed, stamped envelope. Thank you. Sincerer? usan M. Kadel SMK:hsd Enclosures cc: E. Robert Elicker, II, Esquire Gary L. Kelley, Esquire Janice T. Salisbury Ir (, HOF ELO hllr.WAE'e PA 17033 r;nbnb, Agr:rbll LiI rJt. AOLI,UI. 4IM1VL0"1w1 Y,r lh> TEL II)%9::1700 WWW. JfiGC CONI GARY L. JAMES MAX J, SMITM. JR. JOHN J CONNELLY, JR. Scott A. DIERERICK JAMES F. SPADE MATTHEW CMAEAL. III GREGORY K. RICNNIDs SUSAN M, KADEL JARAO W. HANDELMAN DONNA M. MULLIN EDWARD P. SEEBER NEIL W. YANK COURTNEY L. KIBMEL KIMBERLY A, GEWITT OF COUNSEL MANLEY IDEAS b KocMAL9Rl, LLC COLUMEUS, OM BERNARD A. RYAN, JR. MERSMEY, PA 41 1 JANICE T, SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 97-4900 CIVIL MICHAEL S. SALISBURY, : CML ACTION -LAW Defendant : IN DIVORCE 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 The parties to this action separated on May 15, 1999 and have continued to live separate and apart for a period of at least two years.. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: Ow/6 k 8 dq ws- Janice T. Salisbury, Plaintiff JANICE T, SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 97.4900 CIVIL CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Janice T. Salisbury, hereby certify that I have served a copy of the Plaintiffs Affidavit Under Section 3301(d) of the Divorce Code on the following on the date and in the manner indicated below: U,S• MAIL,, FIRST CLASS, PRE-PAID Gary L. Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 DATE: / S a S- JAMES, SMITH, DIETTERICK & CONNELLY By: Susan ef,,'Esqurre Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT Or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301(d) OF THE DIVORCE CODE 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: ?- Janice T. Salisbury, Plaintiff JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 97-4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION -LAW Defendant IN DIVORCE NUTICE If you wish to deny any of the state vents 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 3301td? OF THE DIVORCE CODE 1. The parties to this action separated on May 15, 1999 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Gr ?; d?GbS .1?. Janice T. Salisbury, Plaintiff JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE 1, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Janice T. Salisbury, hereby certify that I have served a copy of the Plaintiffs Affidavit Under Section 3301(d) of the Divorce Code on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Gary L. Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 DATE: S- JAMES, SMITH, DIETTERICK & CONNELLY Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 By: Susanadel, Esquire Attorney for Plaintiff Post Office Box 650 L i! Ab iii N , I I r , I I r , I, 1' 1 JANICE T, SALISBURY Plaintiff V, MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(d) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: owg& S. 0o g Janice T. Salisbury, Plaintiff IANIPS SNll l l 1 I hl 111 141( h& C'E NN1 I I) HP 3u:um M. Kadcl hnad 'mkyJAC a.nn PAX 717 511.7771 April 26, 2005 RED V_IA. FACSIMIL_UAO)!7800 AND_U.S. MAIL, ;: CnV PJ . d E. Robert Flicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Janice T. Salisbury v. Michael S. Salisbury No. 97-4900 Dear Mr. Flicker: GAILY L JAMIen MAY J. SMIM, JN I am writing pursuant to the directive in your Pre-Hearing Conference Memorandum dated JIIHN J CnNNH I.Y. Jill SCOrr A DIVIF.HU:h February 28, 2005. 1 am requesting that a hearing be scheduled in the above-captioned divorce action MA'Hl 0,A11 Al Ill GnSfiOHY K Ill, lAnm . Sur,AN M KADEI. I would also note that I have not yet received the TIAA CREF pension statement which JOYOU W HANOI I. MALI DONNA M Mill. l.IN EDWARD P SEI:I,E14 shows the date of separation balance. Coum E A?"Kisi I_ KIMBenLYA DI:WTI / Si Jn COUN;FI. MANLEY De A:1 A ;; KC O C UM UG 0.1LUMIL15, O OH aEr1NAnD A. RYAN, JN Susan M. Kadel HFHfiHEY, PA SMK/mbl cc: Gary L. Kelley, Esquire Janice Salisbury IAAII ti SAI71I I P I I I '1I RR K& U HNNI 1 I 1 111' Awum M Km)cl hnuNF MRW(!Jrd. nnn FAX 71i$3 17771 November 1, 2005 r() I«IWWA) 1111161 II. Y, I'A 110. 1:1 11 AVI NMI. IL41101I ,It WN, I'A v10 'di Office of the Prothonotary I11. ,,, I,;.I,„,I, Cumberland County Courthouse ®? wWW 1,,,, ,,,,M One Courthouse Square Carlisle, PA 17013 Re: Janice T. Salisbury v. Michael S. Salisbury Dear Sir or Madam: Enclosed for tiling please find an original and three copies ofa Petition for Enforcement of Marital Settlement Agreement and Counsel Fees in the above-referenced matter. Please file the original and return a time-stamped copy to our office in the enclosed GARY L. JAMES self-addressed stamped envelope. We have provided additional envelopes for service once the Order has been signed. MAX J. SMITH, A JMHN J. CONNELLY, JIM JAMES JAMES F DIF.TTERICR F, SHADE If you need anything further, please do not hesitate to contact our office. MAnHEW CHABAL, III SUSAAN M. KADE`HARMR JARAM W HANDELMAN DMHNA M. MULUN Sincerely, Emma P. SEEKER NEIL W. YARN CMUI INEY L. KIEHEL Q r V, - 6h KINISINAL -A. DEWIrt J ((_E (- j_/6r w l W / E K!L ? Mf COUNSEL. BERNARD A. A. RYAN, JR. Susan M. Kadel HER&'EY, PA SMK/mbl Enclosure cc: Gary L. Kelley, Esquire E. Robert Elicker, 11, Esquire Janice T. Salisbury I f5O r ,s? Y?e'r7=rr ?1?lk'4'f?' tt 111 ?14rYl?l?lrrx: Y'' Lri25-;,1MY '?/¢ 3MM,5 YQ LAw OmcE Yv 1' 2 z 2001 YOU ARE N((OY NO71/I[D TO ?LtAD TO p f TN[ EN La O W17N111N JAMES, SMITH, DURKIN do CONNELLY, LLP A?OU[AM [D( COOt[MATCOTwo Iy "T won TWENTY I= DAYt 0/ (tMVIC( N(Ot0/ 0 THE V THE A O(IAULT JUDOM[NT MAY O[ [M7tt[O OONIMAL tIL[O IM !M4r ACTION. AQAINOT YQU. . , P. Q " T' 650 OT tv HERSHEY. PENNSYLVANIA Y/OJ}OM170 A? I f,iu ..fit '.i . {i:i l dd f 1 I P I A M I 1 It 1 1 14'.1 '• y / I 1?7 ? _, I ,1 r ? 1 ? Inl 11 I L15': r F ? it JANICE T. SALISBURY, Plaintitl%Petitioner V. MICHAEL S. SALISBURY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of 2005, upon consideration of the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees, a Rule is hereby entered against the Respondent/Defendant, Michael S. Salisbury, to show cause why said Petition should not be granted. Rule returnable at a hearing scheduled for 2005, at a.m./p.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. JANICE T. SALISBURY, IN THE COURT OF COMMON PLEAS Plaintitl7Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. No. 97-4900 CIVIL MICHAEL S. SALISBURY, : CIVIL ACTION - LAW Defendant/Respondent : IN DIVORCE ORDER OF COURl AND NOW, this __. day of 2005, upon consideration of the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees, it is hereby ORDERED and DECREED that Respondent/Defendant, Michael S. Salisbury, shall execute the draft Postnuptial Agreement and TIAA-CREF QDRO within ten (10) days of the date of this Order and further, Respondent shall reimburse Petitioner her counsel fees incurred in bringing this matter before the Court. By the Court, J. Susan M. Kadel, Enquire Attorney I.D. No. 44837 James Smith Dieuerick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Petitioner JANICE T. SALISBURY, Plaintiff/Petitioner V. MICHAEL S. SALISBURY, Defendant/Respondent IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL : CIVIL ACTION --LAW : IN DIVORCE PETITION FOR ENFORCEMENT OF MARITAL SETTLEMF_NT AGREEMENT AND COVNS_FL FEES AND NOW, comes the Petitioner, Janice T. Salisbury, Plaintiff in the above-captioned divorce action, by and through her counsel, Susan M. Kadcl, Esquire, of James, Smith, Dietterick & Connelly LLP, and avers as follows: Petitioner is Janice'r. Salisbury, Plaintiff in the above-captioned divorce action. 2. Respondent is Michael S. Salisbury, Defendant in the above-captioned divorce action. Mr. Salisbury has been represented in these proceedings by Gary L. Kelley, Esquire. 3. E. Robert Elicker, II was appointed Divorce Master and, pursuant to that appointment, conducted a settlement conference with counsel and parties on September 8, 2005. Al that time, the parties, through their counsel, reached an agreement as to a resolution of all of the outstanding economic issues, and, accordingly, the Master did not schedule a hearing but directed the parties to circulate a Property Settlement Agreement for execution. 4. Immediately following the conference, Petitioner's counsel prepared a Postnuptial Agreement setting forth the terms of the agreement as agreed to by the parties and forwarded the same to counsel for Respondent on September 19, 2005. Subsequently, on September 30, 2005, Petitioner's counsel also forwarded a draft QDRO as was required pursuant to the Agreement for review by Respondent and his counsel. True and correct copies of the draft Agreement and QDRO are attached hereto, incorporated herein, and identified as Exhibit "A". 5. Since September 30, 2005, Petitioner's counsel has repeatedly contacted Respondent's counsel by telephone, requesting information regarding the status of the Agreement. Also, correspondence has been sent to Respondent's counsel inquiring as to the status, 6. There has been no affirmative response regarding when Respondent may execute both of the documents, however, on the weekend of October 29, 2005, Petitioner spoke to Respondent directly and he advised her that he had no intention of ever signing the Agreement or the QDRO. 7. Petitioner has been required to expend considerable counsel fees in attempting to secure Respondent's signature on the Agreement to which he has agreed. Accordingly, the Petitioner is requesting that the Court direct Respondent to execute the Agreement and to award Petitioner counsel fees. 2 WHEREFORE, Petitioner Janice T. Salisbury, respectfully requests this Honorable Court to direct Respondent, Michael Salisbury, to execute the draft Postnuptial Agreement and TIAA-CREF QDRO within ten (10) days of the date of an Order directing him to do so, that he reimburse Petitioner her counsel fees incurred in bringing this mutter before the Court, Respectfully submitted, Dated; ??? o?uvt' e4_ / udcl, Esquire Attorney I.D. #44837 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033.0650 (717) 533-3280 3 VERIFICATION The undersigned, Susan M. Kadel, Esquire, of the law firm of James, Smith, Dietterick & Connelly, LLP, Hershey, Pennsylvania, hereby certifies that the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees has been prepared by me by knowledge and information acquired during the course of my representation of Petitioner, Janice T. Salisbury; that I execute this verification as a signature of said Petitioner cannot be obtained in the time permitted for the filing of this pleading; and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date, u . Kadel, Esquire I i JANICE T. SALISBURY, ; IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. ; No. 97.4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION -LAW Defendant/Respondent IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Petitioner, Janice T. Salisbury, hereby certify that 1 have served a copy of the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees on the following on the date and in the manner indicated below: VIA U.S MAIL, FIRST CLASS, PRE-PAID Gary L. Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 .LAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: vles' By: ade ,Esquire Attorney I.D. P44837 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 DRAFT 1ANICE T. SALISBURY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL, S. SALISBORY, Defendant No. 974900 ('IV[[, CIVIL ACTION LAW IN DIVOR('E STIPULATION FOR ENTRY OF QUA4,IFIE-1) DOM@.S'11('_RE.LATIONS ORDER-CQDR()) The purties, Janice'I'. Salisbury, Plaintiff, and Michael S. Salisbury, Defendant, do hereby stipulate as follows: The parties hereto were husband and wife and seek this Order in conjunction with a dissolution of their marriage and a Postnuptial Agreement dated 2005 in the action pending in this Court at the above-captioned tern and number. Michael S. Salisbury, Social Security 11 191-40-8911, herennater referred to as "Participant", is employed by Harrisburg Area Community College and is a participant in the Teachers Insurance Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF" and has the following annuities: TIAA Retirement Annuity (RA) Contract No. 8081525-4 CREF SRA No. J439145-2 Michael S. Salisbury's current and last known mailing address is 145 Elosler Avenue, Lemoyne, PA 17043. The Alternate Payee is Janice T. Salisbury whose current and last known mailing address is 420 North Wood Street, Valentine, NE 69201. The Alternate Payee's Social Security Number is 305-64-9217, her date of birth is March 8, 1955, and her daytime phone number is 402-376-3595. 4. To accommodate the marital property distribution between the parties IT Is ORDERED, ADJUDICATED AND DF.CRH:D AS FOLLOWS: A. That the TIAA-C'RIT annuities previously referenced are marital property: B. Upon finalization of this Order and pursuant to the tents of said annuities, the current values as of the valuation date of the Participant's TIAA-CREF annuity accumulations lbr the Marital Portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities: The sum of $113,034.00 to be valued as of September I, 2005, the date the marital property interest ceased. The, funds shall be taken from the following account: TIAA RA No. B081525-4 $113,034,00 Transfer Values The value actually transferred will include and reflect interim investment experience from September 1, 2005 until the transfer is recorded by TIAA-CREF. C. Conditions of'division of annuity contracts: All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. ii. All ownership rights in the newly issued annuities will belong to the Alternate Payee. The beneficiary designation of the Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TIAA-CREF. The Alternate Payee must review the contracts at issuance for accuracy and infirm TIAA-CREF of any change of address. iv. The Alternate Payee's annuities will be issued with the same investment allocation its the Participant's applied pro Tina. This Alternate Payee may change the investment allocation once her annuities are issued in accordance with the contributing employer's plan. D. Termination of Alternate Payee's status as beneficiary of record for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant. Termination - as of the (late of TI)kA-CREF's receipt of the QDRO, all TIAA- CREF benefits otherwise payable to the Alternate Payee as beneficiary are payable to the estate of the Participant. The Participant retains the rights to change the designation: YES __X._ NO E. TIAA Traditional Retirement Annuities (RAs) do not allow single-sum withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities, the Alternate Payee's right to receive single-sum withdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within 30 days of the request for same. This Order: A. does not require any plan to provide any type of form of benefits, or any options not otherwise provided under the plan, and B. does not require TIAA-CREF to provide increased benefits, and C. does not require the payment of benefits to an Alternate Payee which are required to be paid to mtother Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. D. If any portion of this order is rendered invalid, the balance of this order will remain fully enforceable. 6. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Qualified Domestic Relations Order. Dated: BY THE COURT: J. CONSENTED TO: Michael S. Salisbury Participant ATTORNEY FOR PARTICIPANT Crary L. Kelley, Esquire Janice T. Salisbury, Alternate Payee XITORNEY FOR ALTERNATE PAYEE Susan M. Kadel, Esquire IN THE COURT OF COMMON PLEAS OF CUM11FRLAND COUNTY, PENNSYLVANIA CIVIL ACTION = LAW IN DIVORCES: JANICE T. SALISBURY, Plaintiff : No. 97-4900 Civil V. MICHAEL S. SALISBURY, CIVIL ACTION - LAW Defendant IN DIVORCE POS_I_NUP,f1AL AGREEMENT AGREEMENT made this day of between Janice T. Salisbury, hereinafter called "Wife," A N D Michael S. Salisbury, hercinafter called "Husband." WHEREAS, the parties were married on December 29, 1983; and 2005, by and WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and (xx)9M9 i WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the final settlement of their property rights and other rights and obligations growing out of their marriage relationship. IT IS 'I'HEREFORIi AGRl'.FD: CONSIPYRATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. 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 may from time to time choose or deem fit. 3. NO_INTEItI'ERENCF - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarred. 4. DIVISION OF PERSONAL PROPERTY - The parties have heretofore divided their personal property to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or conic to him or her, with full power of disposition as if he or she were unmarried. 5. SUPPORT AND ALIMONY Husband and Wife do hereby waive, release, discharge and give up any rights which either may have against the other to receive spousal support, alimony pendente lite, alimony or other pre- or post-divorce 0009V191 -2.- maintenance or support. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. COUNSEL. FEES - A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. WAIV 'R_OF I ENSIGN BENEFITS - Husband and Wife agree that each shall execute any documents necessary to release and waive forever any right, title or interest each party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any other plan or account for retirement or deferred income). Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-fact for the purpose of consenting to any election under any plan under Section 417 of the Internal Revenue Code or Section 205 of the Employee Income Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property; with the exception that, with regard to Husband's TIAA-CREF pension, the parties agree that the sum of $113,034.00 shall be transferred to 000952291 j Wife through a Qualified Domestic Relations Order (QDRO), Any expense incident to the preparation of the QDRO shall be borne by Wile. Ilusband agrees to cooperate to the extent necessary to submit the QDRO to 'I'IAA-(,'R[I' fix tinalivation within thirty (30) days of the date ofexecution of this Agreement, To the extent Husband does not so cooperate, earnings and interest on the hump suns will begin to accrue upon the expiration ofthe thirty (30) days. Husband shall retain the balance of his TIAA-CREF without any claim thereto by Wife. 8. WIFE'S DEBTS -Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 9. HUSBAND'S DEBTS -Ilusband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and shall indemnify and save harmless Wile from any and all claims or demands made against her by rc,.son of debts or obligations incurred by him. 10. WAIVER AND R1 1 FASF OI_ FSf ATF_RIGHTS - Bach party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the 000-M729 I -dl- parties or otherwise, whether now existing or herealler arising. The above release shall be effective regardless of whether such claims arise out of any tbrmer or future acts, contracts, engagements or liabilities of the other or by way of dower, curtcsy, widow's or widower's rights, tinnily exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat it lifetime conveyance by the other as testamentary, or all other rights ofa surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Coiamonwealth or territory of the United States, or any other country. The parties each waive, release and disclaim any and all right to receive the benefits of any property passing outside of the other's Will (including, without limitation, life insurance proceeds, and retirement, pension and profit sharing plan benefits), except as otherwise set forth in this Agreement. The parties further waive, release and disclaim any and all right to receive any legacy, bequest or residuary portion of the estate of the other under his or her Will or to act as personal representative of the estate of the other, unless such a legacy, bequest or residuary portion has been specifically made to the other and a specific acknowledgement as to the existence of this Agreement is made therein. 11. EQUITABLE DIVISION OF PROPFIZTY - Ity this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 0009 71.) 1 -5- 12. FINANCIAL. UISCI.OStllth -'['his Agreement is made upon the assurance that each party has made a full, complete and total disclosure to the other of his or her income and the nature, extent i.md value of all of the spouses' respective assets and obligations, for the purpose of inducing the other party to enter into this Agreement, and therefore, to the extent that a party has tailed to make such bill and complete disclosure, then the releases and waivers contained in this Agreement shall be null and void as to any income, property or asset of the other which he or she has not disclosed; and any such property is unaffected by this Postnuptial Agreement. In the event that by reason of such nondisclosure by one party, the other party incurs additional counsel fees or incurs or expends suit money or costs in order to protect or assert his or her rights or claims, the nondisclosing party shall be obligated to and shall forthwith pay to the other party all such reasonable attorney's fees, court costs, and suit money, and further, that party shall hold harmless and indemnify the other from all financial detriment thereby incurred by that party. 13. T'AX ADVICE -The parties acknowledge that they have been separately advised by their respective attorneys that there may be certain tax consequences pertaining to this Agreement, that neither attorney has furnished tax advice with respect to this Agreement, that each party has been directed and advised to obtain independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement and that they have had the opportunity to do so. 0104 5 719 1 .6- 14. MUTUAL RELEASE • Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release, and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties have, or ever had against the other. 15. I3REAC:H - If either party breaches any provision hereof, then the non- breaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies for relief as may be available to him or her, and the defaulting party shall be responsible for payment of all legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in a Court of Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the ground of lack of jurisdiction of said court or on the ground of an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by their agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of courts in equity over Agreements such as this one. The parties hereto agree that the provisions of this Agreement, including support, visitation or otherwise, may be entered 000-M721) 1 .7. arid enforced by an appropriate court order at the action of the entitled party and against the obligated party, as the case may be, ill the instance in question, when any problem arises. 16. WAIVER OF I'F;NNSYLVANIA DIVORCE CODE_RICH_fS - All property set apart herein either now or in the future as the separate property of either Husband or Wife and all property now owned by or titled to Husband or Wife individually and all property acquired by Husband or Wife individually at any time after the execution of this Agreement shall remain the separate property of }{usband or Wife and shall under no circumstances be considered as or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania Divorce Code, and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. This Agreement shall be deemed to be and construed to be a full and final property settlement and each agrees that he or she has no further claims against the other for equitable distribution of the property, alimony or any other property claim permitted by the Pennsylvania Divorce Code now or in the future enacted. 17. ADDITIONAL INS I RUMENTS - 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 which may be reasonably required to give full force and effect to the provisions of this Agreement. 00095/24 1 -8- 1 8. E I I'EiC'I' OI RI?C'ONCJI.IA I ION, COHABITATION OR DIVORCE - This Agreement shall remain in full three and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. 'T'here shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 19. VOL_UNIARY. EXECUTION - The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that they have, been furnished with all information relating to the financial affairs of the other which has been requested by his or by her counsel. Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by counsel, Susan M. Kadcl, Esquirc, and that I lusband has been independently represented by Gary L. Kellcy, Esquire. Each party hereby confirms that he or she fully understands the terms, conditions and provisions hereof and believes carne to he fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the OWYM719 1 r?_ Agreement freely and voluntarily, having either obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 20. ENTIRE; AGREEMENT -'T'his Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 21. MODIFICATION AND WAIVER - A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. Sf IUS - This Agreement shall be constnied and governed in accordance with the laws of the Commonwealth of Pennsylvania. 23. PARTIAL INVAI.I[)ITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 24. BINDING EFFECT- Except as otherwise slated within, all the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors, and administrators of the parties. 00091 Y29 1 -10- 25. INTENT OF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement. 26. INCORPORATION - It is the intent of the parties that this Agreement be incorporated but not merged into any final decree of divorce which might be entered in the future. IN WITNESS WHEREOF, the parties have signed, sealed and acknowledged this instrument the day and year first above written. WITNESSES: Susan M. Kadel, Esquire Counsel for Janice T. Salisbury (SEAL) Janice T. Salisbury Gary L. Kelley, Esquire Counsel for Michael S. Salisbury (SEAL) Michael S. Salisbury 00093719.E COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this __ day of _02005 , before me, a Notary Public, the undersigned officer, personally appeared Janice T, Salisbury, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this day of :ss. , 2005, before me, a Notary Public, the undersigned officer, personally appeared Michael S. Salisbury, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: (SEAL) 10093729.1 -12- JANICE T. SALISBURY, IN THE COURT OF COMMON PLEAS PlaintitUPetitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : No, 97.4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION -LAW Detendant/Respondent IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 3& r?t day of __, 2005, upon consideration of the foregoing Petition for Enforcement of Marital Settlement Agreement mid Counsel Fees, a Rule is hereby entered against the Respondent/Defendant, Michael S. Salisbury, to show cause why said Petition should not be grantW. A)L) to Rule returnable at a hearing scheduled for _ a_ 38Ar, at a.m .m in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. JANICE T. SALISBURY, IN THE COURT OF COMMON Plaintiff%Pctitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 97.4000 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION -LAW Defendant/Respondent IN DIVORCE. RULE TO SHOW CAUSE AND NOW, this._._ day of ku:- 'AAv1.:Ui NOV n ? yOUS 2005, upon consideration of the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees, a Rule is hereby entered against the Respondent/Defendant, Michael S. Salisbury, to show cause why said Petition should not be granter!. Rule returnable at a hearing scheduled for. _^__ 2005, at a.m./p.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. JANICE T. SALISBURY, Plaintiff/Petitioner V. MICHAEL S. SALISBURY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this _ day of 2005, upon consideration of the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees, it is hereby ORDERED and DECREED that Respondent/Defendant, Michael S. Salisbury, shall execute the draft Postnuptial Agreement and TIAA-CREF QDRO within ten (10) days of the date of this Order and further, Respondent shall reimburse Petitioner her counsel fees incurred in bringing this matter before the Court. By the Court, J. Susan M. Kadel, Enquire Attorney I.D. No. 44837 James Smith Dietterick & Connelly, LIT P.O. Box 650 Hershey, PA 17033 Attorneys for Plaimiff%Petitioner JANICE T. SALISBURY, Plainti fT/Petitioner v. MICHAEL S. SALISBURY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 97.4900 CIVIL CIVIL ACTION - LAW IN DIVORCE Cl n r y¢- {. l N ` N ?t cn =?i7 )in PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT. AGREEMENT AND COUNSEL. FEES AND NOW, comes the Petitioner, Janice T. Salisbury, Plaintiff in the above-captioned divorce action, by and through her counsel, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly LLP, and avers as follows: I. Petitioner is Janice'I'. Salisbury, Plaintiff in the above-captioned divorce action. 2. Respondent is Michael S. Salisbury, Defendant in the above-captioned divorce action. Mr. Salisbury has been represented in these proceedings by Gary L. Kelley, Esquire. 3. E. Robert Flicker, II was appointed Divorce Master and, pursuant to that appointment, conducted a settlement conference with counsel and parties on September 8, 2005. At that time, the parties, through their counsel, reached an agreement as to it resolution of all of the outstanding economic issues, and, accordingly, the Master did not schedule a hearing but directed the parties to circulate a Property Settlement Agreement for execution. 4. ImnuLdiatcly following the conference, Petitioner's counsel prepared a Postnuptial Agreement setting forth the terns of the agreement as agreed to by the parties and forwarded the same to counsel for Resprnulent or. September 19, 2005. Subsequently, on September 30, 2005, Petitioner's counsel also torwarded a dralt QDRO as was required pursuant to the Agreement for review by Respondent and his counsel. True and correct copies of the draft Agreement and QDRO are attached hereto, incorporated herein, and identified as Exhibit "A". 5. Since September 30, 2005, Petitioner's counsel has repeatedly contacted Respondent's counsel by telephone, requesting information regarding the status of the Agreement. Also, correspondence has been sent to Respondent's counsel inquiring as to the status. 6. There has been no affirmative response regarding when Respondent may execute both of the documents, however, on the weekend of October 29, 2005, Petitioner spoke to Respondent directly and he advised her that he had no intention of ever signing the Agreement or the QDRO. 7. Petitioner has been required to expend considerable counsel fees in attempting to secure Respondent's signature on the Agreement to which he has agreed. Accordingly, the Petitioner is requesting that the Court direct Respondent to execute the Agreement and to award Petitioner counsel fees. 2 WHEREFORE, Petitioner Janice T. Salisbury, respectfully requests this Honorable Court to direct Respondent, Michael Salisbury, to execute the draft Postnuptial Agreement and TIAA-CREF QDRO within ten (10) days of the date of an Order directing him to do so, that he reimburse Petitioner her counsel fees incurred in bringing this matter before the Court. Respectfully submitted, Dated: o7evivr adel, Esquire Attorney I.D. tf44837 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033.0650 (717) 533-3280 3 VERIFICATION The undersigned, Susan M. Kadel, Esquire, of the law firm of James, Smith, Dietterick & Connelly, LLP, Hershey, Pennsylvania, hereby certifies that the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees has been prepared by me by knowledge and information acquired during the course of my representation of Petitioner, Janice T. Salisbury; that I execute this verification as a signature of said Petitioner cannot be obtained in the time permitted for the filing of this pleading; and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: A/Ou _ .7 ov.S' ?-- us . Kadel, Esquire JANICE T. SALISBURY, IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 97.4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE CERTIFICATE; OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Petitioner, Janice'T. Salisbury, hereby certify that I have served a copy of the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees on the following on the date and in the manner indicated below: VIA U.S MAIL, FIRST CLASS, PRE-PAID Gary L. Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 E. Ruben Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 JAMES, SMITH, mrr rFRICK & CONNE:LLV, LLP Dated:/ ?ovs' l By: _ leale - S swa . ade , Esquire Attorney LD. #44837 P.O. Box 6.50 Hershey, PA 17033.0650 (717) 533-3280 1 , 1 I I , 1 I I 1 r I 1 EXHIBIT "A" DRAFT JANICE'T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 974900 CIVIL CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR ENTRY OF QUALIFIED DOM.ESTIC_REL,ATIONS ORIMI R_((ZD1 O The parties, Janice T. Salisbury, Plaintiff, and Michael S. Salisbury, Defendant, do hereby stipulate as follows: The parties hereto were husband and wife and seek this Order in conjunction with a dissolution of their marriage and a Postnuptial Agreement dated __, 2005 in the action pending in this Court at the above-captioned tern and number. 2. Michael S. Salisbury, Social Security ll 191-40-8911, hereinafter referred to as "Participant", is employed by Harrisburg Area Community College and is a participant in the Teachers Insurance Annuity Association - College Retirement Equities Furid, hereinafter "TIAA-CREF" and has the following annuities: TIAA Retirement Annuity (RA) Contract No. B081525-4 CREF SRA No. J439145-2 Michael S. Salisbury's current and lust known mailing address is 145 Bosler Avenue, Lemoyne, PA 17043. 3. The Alternate Payee is Janice T. Salisbury whose current and last known mailing address is 420 North Wood Street, Valentine, NF 69201. The Alternate Payee's Social Security Number is 305.64-9217, tier date of birth is March 8, 1955, and her daytime phone number is 402.376-3595. 4. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICA'T'ED AND DECREED AS FOLLOWS: A. That the'T'IAA-CREF annuities previously referenced arc marital property: 8. Upon turalimtion of this Order and pursuant to the terns of said annuities, the current values as of the valuation date of the Participant's TIAA-CREF annuity accumulations for the Marital Portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities: The sum of $113,034.00 to be valued as of September 1, 2005, the date the marital property interest ceased. The funds shall be taken from the following account: TIAA RA No. 8081525-4 $113,034.00 ii. Transfer Values The value actually transferred will include and reflect interim investment experience from September 1, 2005 until the transfer is recorded by TIAA-CREF. C. Conditions of division of annuity contracts: All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. ii. All ownership rights in the newly issued annuities will belong to the Alternate Payee. iii. The beneficiary designation of the Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TIAA-CREF. The Alternate Payee must review the contracts of issuance for accuracy and inform TIAA-CREF of any change of address. iv. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. This Altemate Payee may change the investment allocation once her annuities are issued in accordance with the contributing employer's plan. 1). Termination of Alternate Payee's status as beneficiary of record for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant. Termination -- as of the date of TIAA-CREF's receipt of the QDRO, all TIAA- CREF benefits otherwise payable to the Alternate Payee as beneficiary are payable to the estate of the Participant. The Participant retains the rights to change the designation: YES _ X NO E. TIAA Traditional Retirement Annuities (RAs) do not allow single-sum withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities, the Altemate Payee's right to receive single-sum withdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. F. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within 30 days of the request for same. 5. This Order: A. does not require any plan to provide any type of forth of benefits, or any options not otherwise provided under the plan, and B. does not require TIAA-CREF to provide increased benefits, and C. does not require the payment of benefits to an Alternate Payee which arc required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. D. If any portion of this order is rendered invalid, the balance of this order will remain fully enforceable. 6. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Qualified Domestic Relations Order. Dated: BY THE COURT: J. CONSENTED TO: Michael S. Salisbury Participant ATTORNEY FOR PARTICIPANT Gary L. Kelley, Esquire Janice T. Salisbury, Alternate Payee ATTORNEY FOR ALTERNATE PAYEE Susan M. Kadel, Esquire IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JANICE T. SALISBURY, Plaintiff V.. MICHAEL S. SALISBURY, Defendant IN DIVORCE: No. 97-4900 Civil CIVIL ACTION - LAW IN DIVORCE POs-rNUPTIAI. AGREEMENT AGREEMENT made this __ day of between Janice T. Salisbury, hereinafter called "Wife," A N D Michael S. Salisbury, hereinafter called "Husband." 2005, by and WHEREAS, the parties were married on December 29, 1983; and WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and IN107 M i WHEREAS, the parties desire to confirm their separation and snake arrangements in connection therewith, including the final settlement of their property rights and other rights and obligations growing out of their marriage relationship. IT IS 'I'll EREFORF AGREED; 1. CONSI[)FItATION -The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. SEPARATION - It shall be lawful for each party at all limes hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem tit. 3. NO INTERFEi_RE.NCE - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. DIVISIQ_N_OF f?ERSQNAL_E'ftOE'ER'I'Y -The parties have heretofore divided their personal property to their Inutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or field or which may hereafter belong or come to him or her, with full power of disposition as i f he or she were unmarried. 5. SUT'I'OR.T_AND ALIMONY Ilusband and Wife do hereby waive, release, discharge and give up any rights which either may have against the other to receive spousal support, alimony pendente lite, alimony or other pre- or post-divorce 00091779 I -2- maintenance or support. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. 6. COEINSEE FEES - A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. WAIV_FR OF PENSION BENEFI'T'S - Husband and Wife agree that each shall execute any documents necessary to release and waive forever any right, title or interest each party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any other plan or account for retirement or deferred income). Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-fact for the purpose of consenting to any election under any plan under Section 417 of the Internal Revenue Code or Section 205 of the F:nployce Incone Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property; with the exception that, with regard to Husband's TIAA-CREF pension, the parties agree that the surn of $113,034.00 shall be transferred to 00095729 1 Wife through a Qualified Domestic Relations Order (QDRO), Any expense incident to the preparation of the QDRO shall be bonne by Wife. Husband agrees to cooperate to the extent necessary to submit the QDRO to TIAA-CREF for finalization within thirty (30) days of the date of execution of this Agreement. To the extent Husband does not so cooperate, earnings and interest on the lump sum will begin to accrue upon the expiration of the thirty (30) days. Husband shall retain the balance of his 'TIAA-CREF without any claim thereto by wife. WIFE'S DEBTS - Wife represents arid warrants to Husband that she will not contract or incur any debts or liabilities f'or which Husband or his estate may be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 9. EIUSBAND'S DE?EI'I'S - Ilusband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and shall indemnify and save harmless Wife from any arid all claims or demands made against her by reason of debts or obligations incurred by him. 10. WAIVER AND RlTFASF OF I S FATE RIGHTS - Each party hereby absolutely and unconditionally releases arid forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the 090997]9 i t_ parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's tights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth or territory of the United States, or any other country. The parties each waive, release and disclaim any and all right to receive the benefits of any property passing outside of the other's Will (including, without limitation, life insurance proceeds, and retirement, pension and profit sharing plan benefits), except as otherwise set forth in this Agreement. The parties further waive, release and disclaim any and all right to receive any legacy, bequest or residuary portion of the estate of the other under his or her Will or to act as personal representative of the estate of the other, unless such a legacy, bequest or residuary portion has been specifically made to the other and a specific acknowledgement as to the existence of this Agreement is made therein. 11. EQtJVVAF3l.f? DIVISION OF_PROPER IN - By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 12. FINANCIAL DISCLOSURE -This Agreement is made upon the assurance that each party has made a fill, complete and total disclosure to the other of his or her income and the nature, extent and value of all of the spouses' respective assets and obligations, for the purpose of inducing the other party to enter into this Agreement, and therefore, to the extent that a party has failed to make such full and complete disclosure, then the releases and waivers contained in this Agreement shall be null and void as to any income, property or asset of the other which he or she has not disclosed; and any such property is unaffected by this postnuptial Agreement. In the event that by reason of such nondisclosure by one party, the other party incurs additional counsel fees or incurs or expends suit money or costs in order to protect or assert his or her rights or claims, the nondisclosing party shall be obligated to and shall forthwith pay to the other party all such reasonable attorney's fees, court costs, and suit money, and further, that party shall hold harmless and indemnify the other from all financial detriment thereby incurred by that party. 13. TAX ADVICE - The parties acknowledge that they have been separately advised by their respective attorneys that there may be certain tax consequences pertaining to this Agreement, that neither attorney has furnished tax advice with respect to this Agreement, that each party has been directed and advised to obtain independent tax advice from qualified tax accountants or tax Counsel prior to signing this Agreement and that they have had the opportunity to do so. 14, MUTUAL RELF SE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release, and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties have, or ever had against the other. 15. -BREAC_H - If either party breaches any provision hereof, then the non- breaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies for relief as may be available to him or her, and the defaulting party shall be responsible for payment of all legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in a Court of Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the ground of lack of jurisdiction of said court or on the ground of all adequate remedy at law. The parties do not intend or purport hereby to improperly contcrjurisdiction on a Court in Equity by their agreement, but they agree as provided herein for the Forum of equity in mutual recognition of the present state of the law, and in recognition of the. general jurisdiction of courts in equity over Agreements such as this one. The parties hereto agree that the provisions of this Agreement, including support, visitation or otherwise, may be entered 000017291 -7- and enforced by an appropriate court order at the action of the entitled party and against the obligated party, as the case may be, in the instance in question, when any problem arises. 16. WAIVER 01? PENNSYLVANIA_ DIVORCE CODE RIGHTS - All property set apart herein either now or in the future as the separate property of either Husband or Wife and all property now owned by or titled to Husband or Wife individually and all property acquired by Husband or Wife individually at any time after the execution of this Agreement shall remain the separate property of Husband or Wife and shall under no circumstances be considered as or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania Divorce Code, and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. 'T'his Agreement shall be deemed to be and construed to be a full and final property settlement and each agrees that he or she has no further claims against the other for equitable distribution of the property, alimony or any other property claim permitted by the Pennsylvania Divorce Code now or in the future enacted. 17. ADDITIONAL INST R.l1MENfS - 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 which may be reasonably required to give full force and effect to the provisions of this Agreement, 00094729 1 H 18, EFFECT OF RECONCILIATI.ON, C'OFIAU ATION (IR DIVORCF_._- This Agreement shall remain in full three and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wile or atlcmpt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. "There shall be no modification or waiver of any of the tenns hereof unless the parties in writing execute a statement declaring this Agreement or arty terns of this Agreement to be null and void. 19. VOLUNTARY FXI,?(al FION - The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by his or by her counsel. Wife and husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by counsel, Susan NI. Kadcl, F squire, arid that husband has been independently represented by Gary L. Kelley, Fsquire. Each party hereby confirms that lie or she fully understands the terms, conditions and provisions hereof and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the ll)IP011P0 Agreement freely and voluntarily, having either obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 20. ENTIRE; AGRE',EW.FN'f - This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 21. MODIFICATION AND WAIVER - A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure ofeither party to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. MTUS - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 23. PAR'T'IAL _INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 24. BINDING-El. I; ECI - Except as otherwise stated within, all the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors, and administrators of the parties. 00095'121)1 25. INTENT OF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement. 26. INCORPORATION - It is the intent of the parties that this Agreement be incorporated but not merged into any final decree of divorce which might be entered in the future. IN WITNESS WHEREOF, the parties have signed, sealed and acknowledged this instrument the day and year first above written. WITNESSES: Susan M. Kadel, Esquire Counsel for Janice T. Salisbury Gary L. Kelley, Esquire Counsel for Michael S. Salisbury (SEAL) Janice 1'. Salisbury (SEAL) Michael S. Salisbury 00095719.1 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF On this day of , 2005, before me, a Notary Public, the undersigned officer, personally appeared Janicc T. Salisbury, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ----- ----(SEAL) Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF ss. On this _ day of ___ 2005, before me, a Notary Public, the undersigned officer, personally appeared Michael S. Salisbury, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SEAL) Notary Public My Commission Expires: W095779.1 -12- JAN 0 4 X05 JANICE T. SALISBURY, Petitioner/Plaintiff V. MICHAEL S. SALISBURY, Respondent/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION -LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 4 day of January, 2005, a Rule is issued upon the Respondent, Michael S. Salisbury, to show cause' why the within Motion for Sanctions should not be granted. Said Rule is returnable within ten (10) days of service of this Order. BY THE COURT: C? HL!.f..-G? Floc OF THE FFG`",''i;.';71,FY 2005 JAR -G AN 11 ? 4 T I ' r , CU" .;UPJ11' ' 111 r ' l I 1 f I r I r r I ,I , , I JANICE T. SALISBURY, Petitioner/Plaintiff V. MICHAEL S. SALISBURY, Respondent/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S MOTION FOR SANCTIONS PURSUANT TO Pa.R.C.P_1910.33(c) and 4019(c) AND NOW, comes the Petitioner, Janice T. Salisbury, by and through her counsel, Susan M. Kadel, Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, and avers the following: Petitioner/Plaintiff, Janice T. Salisbury, filed a Complaint in Divorce raising claims for equitable distribution, alimony and counsel fees, costs and expenses on or about September 10, 1997. 2. On or about October 30, 2001, Gary L. Kelley, Esquire, entered his appearance on behalf of the Respondent/Defendant, Michael S. Salisbury. On or about August 17, 2004, Plaintiff filed a Motion to Compel Discovery Responses and the Court entered a twenty (20) day Rule to Show Cause on August 23, 2004. 4. Defendant, by and through his counsel, failed to respond to the Motion to Compel Discovery Responses and, accordingly, on October 29, 2004, the Court entered an Order directing that Respondent comply with the discovery request within ten (10) days from the date of the Order. 5. On or about June 14, 2004, Plaintiff, by and through her counsel, filed a Motion for Appointment of Master and an Inventory of marital property. 6. On October 26, 2004, the Divorce Master, E. Robert Elicker, II, sent notices to counsel for both parties indicating that each counsel was to file a Pre-trial Statement on or before Monday, November 22, 2004. A true and correct copy of the Master's correspondence of October 26, 2004, is attached hereto, incorporated herein, and identified as Exhibit "A". Pursuant to the Master's directive, Plaintiff s counsel tiled the original Pre-trial Statement with the Divorce Master's office on or about November 19, 2004. 8. A Pre-hearing Conference has been scheduled before the Divorce Master on February 28, 2005, at 9:30 a.m. 9. To date, Defendant has not filed either an Inventory of marital property or a Pre-trial Statement as directed by the Divorce Master. There has been no response whatever from the Defendant to any communication from the Divorce Master's office. 10. Accordingly, pursuant to Pa.R.C.P. 1920.33(c): If a party fails to file either an Inventory as required by subdivision (a) or a Pre-trial Statement as required by subdivision (b), the Court may make an appropriate Order under Rule 4019(c) governing sanctions. (d)(1) A party who fails to comply with the requirement of subdivision (b) of this Rule shall, except upon good cause shown, be barred from offering any testimony or introducing any evidence in support of or in opposition to claims for the matters not covered therein. 11. Pa.R.C.P. 4019(c) provides that the Court may enter an Order imposing punishment for contempt and/or an Order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony or from introducing evidence of physical and mental condition. 12. It is submitted that Defendant, Michael S. Salisbury, should be subjected to sanctions for failing to comply with the directives in that he has failed to file an Inventory of property and a Pre-trial Statement. WHEREFORE, Plaintiff, Janice T. Salisbury, respectfully requests that sanctions be entered against the Defendant as set forth in the above-referenced rules. Respectfully submitted, Date: 3o, ?ou1'/ Susan M. Kadel, Esquire Attorney for Plaintiff, Janice T. Salisbury James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 (717) 533.3280 Attorney I.D. No. 44837 4- OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717)240.6535 E. Robert Ellcker, II Divorce Master Traci Jo Colyer Office Manager/Repoiler October 26, 2004 West Shore 697.0371 Ext. 6$36 Susan M. Kadel Gary L. Kelley Attorney at Law Attorney at Law JAMES, SMITH, DIETTERICK & CONNELLY 132-134 Walnut Street P.O. Box 650 Harrisburg, PA 17101 Hershey, PA 17033.0650 RE: Janice T. Salisbury vs. Michael S. Salisbury No. 97 - 4900 Civil In Divorce Dear Ms. Kadel and Mr. Kelley: I am in receipt of a letter dated October 22, 2004, from Susan Kadel, attorney for Ms. Salisbury. She has indicated that discovery is near completion and has asked for a conference. However, before scheduling a conference I am going to issue a directive for the filing of pretrial statements. A complaint in divorce was filed on September 10, 1997, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. I am going to proceed on the basis that there is no issue with respect to grounds for divorce; also, I assume that at the time of the pre-hearing conference, we will not have to deal with any discovery issues. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, November 22, 2004. Upon receipt of the pretrial Ms. Kadel and Mr. Kelley, Attorneys at Law 26 October 2004 Page 2 statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. JANICE T. SALISBURY, Petitioner/Plaintiff V. MICHAEL S. SALISBURY, Respondent/Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE 1, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Janice T. Salisbury, hereby certify that I. have served a copy of Plaintiffs Motion for Sanctions on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Gary L. Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 DATE: JAMES, SMITH, DIETTERICK & CONNELLY 41,14, By: Susan M. Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 i ?, ?, >. rn ,,, a ; .r ?., ^ 4:. ' ? i.K ?,??. : '? x- ? ? " ? () ? U- ? LL x-; ya ? U ? ?? r ? ,. ?, ? , r I ? I i ?. r ? ; i I 1 I i i ???? 1 '? i i r i '' ' 1 ' I ? ?. ?, i I ?. ! _ ?, ?.? .. ? ? i ' ? ? STERLING K. MOLL and ESTHER M. MOLL V. BOROUGH OF WORMLEYSBURG : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-6274 CIVIL TERM ORDER. OF COURT AND NOW, this 41?1 day of JANUARY, 2005, trial In this matter having been delayed because of Plaintiff's medical emergency, we will reconvene on FRIDAY. FEBRUARY 38. ZOOS. at 9.00 a.m. to complete the testimony of Defendant's expert and to hear closing arguments. Sterling K. Moll Esther M. Moll W. Darren Powell, Esquire :sld ?? 05 Edward E. Guido, J. D Ci' 7605 ak -5 hit C 1? 3 r ?I r .I I I r I . r. ,r I ? 1 r ?r 1 1% JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA, V. ; NO. 97-4900 CIVIL MICHAEL S. SALISBURY, Defendant CIVIL ACTION - DIVORCE PRETRIAL STATEMENT PER Pa.R.C.P.1920.33(h) 1. A list of assets specifying: (i) the marital assets, their value, the date of the valuation, whether any portion of the value is non-marital, and any liens or encumbrances thereon; and (ii) the non-marital assets, their value, the date of valuation, and any liens or encumbrances thereon. ANSWER: See inventory and appraisement. 2. The name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be attached to the Pretrial Statement. The report shall describe the witness' qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and it summary of the grounds for each opinion. ANSWER Defendant does not anticipate calling any experts at this time. However, he reserves the right to supplement this response as necessary 3. The name and address and a short summary of the testimony of each person, other than the party, whom the party intends to call at trial as a witness. ANSWER: None 4. A list of all of the exhibits which the party expects to offer in evidence, each containing an identifying mark. Any exhibits that do not exceed three pages shall be attached to the Pretrial Statement, and any exhibits which exceed three pages shall be described. ANSWER: Defendant's pension statement, Defendant's paystub, copies of all marital bills paid by Defendant postseparation, copies of medical bills paid by Defendant of which Plaintiff is partially responsible to pay. 5. The party's gross income from all sources, each payroll deduction and the party's net income, including the party's most recent state and federal income tax returns and paystubs. ANSWER: See Defendant's paystub. 6. If the party intends to offer any testimony as to his or her expenses, a current expense statement in the form required by the practice and procedure governing an action in support. ANSWER: Defendant does not anncpate this being an issue at this time However, Defendant reserves the right to supplement this answer as necessary 7. The value of a pension or retirement benefits, the marital portion thereof, and the facts and documentation upon which the party relies to support the valuation. ANSWER See inventory and appraisement 8. If there is a claim for counsel fees, the amount of fees to be charged, the basis for the charge, and a detailed itemization of the services rendered. ANSW ERt N/A, 9. Where there is a dispute, the description and value of any items of tangible personal property, the method of evaluating each item, and the evidence, including documentation, to be offered in support of the valuation. ANSWER: N/A 10. A list of marital debts, including the amount of each debt as of the date of the separation, the date on which the debt was initially incurred, the initial amount of the debt and its purpose, the amounts and dates of payments made since the date of separation, and the evidence that will be offered in support of the claim. ANSWER: See inventory and appraisement. ll. A proposed resolution of the economic issues. ANSWER: 50/50 distribution of assets. Advanced distribution to Plaintiff and any marital debt paid by Defendant to be offset from Plaintiffs distribution of marital assets. Respectfully submitted, By Harrisburg, PA 17102 (717) 238-1484 Attorney for Defendant 1 I Ulf. I 1ST 111 l%.f cn _ 611 ?• ,'. r l " I I , I r I 1 I I JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 97-4900 CIVIL MICHAEL S. SALISBURY, Defendant CIVIL ACTION - DIVORCE LIST OF MARITAL ASSESTS AND DEBTS AND NOW, comes the Defendant, Michael S, Salisbury, by and through his attorney, Gary L. Kelley, and respectfully submits the following: MARITAL ASSETS Asset Value Possessed by 1. Defendant's pension from $139,273.18 - 11,373,70 = 127,899,48 employment. TIAA/CREF 2. Proceeds from sale of marital residence unk. To Plaintiff 3. Plaintiffs 401(k) unk. To Plaintiff 4. 1993 Jeep Grand Cherokee unk. To Plaintiff 5. 1990 Pontiac Grand Am nominal To Defendant MARITAL DEBT (Paid by Defendant) Debt Amount 1. Plaintiffs business phone 758.76 2. PPL 820,91 31. Bell Atlantic 19713 4. PA water 154.02 5, Sewage 727,94 6. Bank of America 3,198.88 7. GE card 2,221.94 8, Blazer CDC 1,059,78 9. Braces (Alyson) 3,450.00 10, Braces (Wesley) 3,420.00 11. MRS (Dauph Deposit) , 4,627.00 12. Van lease 2,OOO.b0 'TOTAL 22,637.06 NONMARITAL ASSETS L Premarital portion of Defendant's, pension 11,373.70 2. i Plaintiffs inheritance unk. i Respectfully submitted, I Ga L. elley, Esq re I. 01 1119 North Front Street Harrisburg, PA 17102 (717) 238.1484 Attorney for Defendant lI a>; OCT 2 5 7004 JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 97-4900 CIVIL MICHAEL S, SALISBURY, CIVIL ACTION -LAW Respondent/Defendant : IN DIVORCE ORDER OF COURT AND NOW, this Zj day of October, 2004, upon consideration of Petitioner's Motion to Compel Discovery Responses, IT IS HEREBY ORDERED AND DECREED that Petitioner's Motion is GRANTED. Respondent is hereby ordered to supply the information to Petitioner's 2.D counsel no later than ton (19) days from the date of this Order. BY THE COURT, J. ?1-V i r I , ? I ' I cv e? r =Y r1)?' fir} ? r ' ? F:. rJ r. ? IOIL r.J ? I <v 1 I JANICE T, SALISBURY, IN THE COURT OF COMMON PLEAS Petitioner/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 97.4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION -LAW Rcspondcnt/Defendant : IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Janice T. Salisbury, in the above-captioned action, by her attorney, Susan M. Kadel, Esquire, and moves this Court to make Absolute the Rule to Show Cause which was issued in the above-captioned matter on August 23, 2004 and in support thereof states the following. On August 17, 2004, the Petitioner, Janice T. Salisbury, tiled a Motion to Compel Discovery Responses requesting that the Respondent supply the information requested 2. On August 23, 2004, this Court issued a Rule on the Respondent to show cause why the Petitioner's Motion to Compel Discovery Responses should not be granted, returnable 20 days from the date of service. 3. Said Rule was served on counsel for the Respondent, Gary L. Kelley, Esquire, by first class mail on September 28, 2004. A true and correct copy of the letter is attached hereto and identified as Exhibit "A". 4. As of this date, we have received no response. As twenty (20) days have elapsed since the date of service, this matter is properly before the Court. Respectfully submitted, Date: -D?/ M. K idel, Esquire Attorney for Plaintiff, Janice T. Salisbury James, Smith, Dietterick & Connelly, LLP Post Office Box 650 Hershey, PA 17033 (717) 533-3280 I.D. No. 44837 jmw Smi Dm'reuac & CCJNNE'ILY W' Susan M Kudal Email Imhwb0"LL! [AX 717.53J. 7771 September 24, 2004 Gary L, Kelley, Esquire 132.134 Walnut Street Harrisburg, PA 17101 Re: Salisbury v, Salisbury Dear Gary: Please find enclosed a true and correct copy of the Rule to Show Cause in the above- captioned matter which was signed by the Court on August 23, 2004, I apologize for the delay in serving this document upon you;, it was an oversight in our office. Nevertheless, it our sincere hope that we can move this case forward and 1 would ask that you provide me with the requested information at your earliest convenience. Sincere )Iy, It Susan M, Kadel SMK/als Enclosure cc: Janice Salisbury PC BON 650 HERSHE\, PA 170: Comur Adolen IM SIPE AVENUE HUMMELSTryW I. PA 17 TEL. 71733332K W W W, JEOC.COM GARY L. JAMES MAX J. SMIM, JR. JOHN J CONNELLY, JP SCM A. DIEmmcK JAMES F. SPAOI MATTHIW CIgMAL, III GREGORY K. RICHARDI BUTAN M. KAGI. JARAD W. HANoILMAN DWINA M. MULLIN BDWMO P. SIIIIR NEIL W. YARN COURTNEY L. KISHIL KIMIIRLY A. OEWITT OR COUNSEL. MANUY OEM B KOCHAISXI, LLC COWMNU61 OH BERNARD A. RYAN, JA HERSHEY, PA Wvmi SMm DffiTmucx & CCNJNELLY Lll' Su= M. KBdeI EMU. IM WO Adc.cc ' PAX 717,333,7771 P 0. BOX 650 HERSHEY, PP 1703 September 28, 2004 CuvNa AQO,.,[ 134 SIPE AIANUE HUMMELSTCMOI, PA 171 TEL. 717.6339786 Gary L, Kelley, Esquire www 1119 North Front Street ,JBDC,coM Harrisburg, PA 17102 Re: Salisbury v. Salisbury Dear Gary: I am enclosing with this letter my correspondence dated September 24, 2004. WAY L. JA61ls I was not aware that your office location had changed, and was just made aware when jomj sco x u?,, JR the enclosed correspondence was returned to my office A. DIRTEMCn SCarr 0 111 . jAmEs R. Spmj A MES MATTHEW CHABAL. III OREOOM K. RICHARDe 6uBAN M, KADeL Sincere ,/• JAN= W. Hamm DONNA M. MULLIN EDWARD P. Strop NEa W. YARN COURTNIY L. . Klw KIBH(L KIMEERL, A. DeWITT Susan M. Kadel OP COUNSEL, MANLEY DEAR b KOCMALBKI. LLC t[ S??{ /als C04UMBUS, OH "° " BBRNARD A. RrAN, JR, I HERBHE,, PA Enclosure cc: Janice Salisbury JANICE T. SALISBURY, Petitioner/Plaintiff V. MICHAEL S. SALISBURY, Respondent/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE 1, Susan M, Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Petitioner, Janice T. Salisbury, hereby certify that 1 have served a copy of the Motion to Make Rule Absolute on the following on the date and in the manner indicated below; U.S. }MAIL FIRST CLASS PRE-PAID Gary L. Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 DATE: 'f ? 2p zwy JAMES, SMITH, DIETTERICK & CONNELLY 13 usan . Kadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533.3280 PA I.D. No. 44837 P i ' RI,:(,PA VI,;I)I y N()V n 9 M"5 JANICE T. SALISBURY, : IN THE COURT OF COMMON PL *,§ /Yt rY Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNS AIVTX--" v, : No, 97-4900 CIVIL, MICHAEL S. SALISBURY, : CIVIL ACTION .-LAW Defendant/Respondent : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ??L day of J?) c, v , 2005, upon consideration of the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees, a Rule is hereby entered against the Respondent/Defendant, Michael S. Salisbury, to show cause why said Petition should not be granted. v'1LY?lo Rccu??le returnable at a hearing scheduled for ?QA3; at a.111 .m n the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. r By the Court. wo" ,1 I I , I 1 ,r ' r ri tl.:' V i 1 r F t JANICE T. SALISBURY, IN THE COURT OF COMMON PLEAS Plain?itf/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. No. 97-4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION - LAW Defendant>Respondcrtt IN DIVORCE ORDE t_QF COURT AND NOW, this day of 2005, upon consideration of the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees, it is hereby ORDERED and DECREED that Respondent/Defendant, Michael S. Salisbury, shall execute the draft Postnuptial Agreement and TIAA-CREF QDRO within ten (10) days of the date of this Order and further, Respondent shall reimburse Petitioner her counsel fees incurred in bringing this matter before the Court. By the Court, J. Susan M. Kadel, Enquire Attorney I.D. No. 44837 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Petitioner JANICE T. SALISBURY, Plaintiff/Petitioner V, MICHAEL S. SALISBURY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 97-4900 CIVIL CIVIL ACTION -LAW IN DIVORCE PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT AND COUNSEL FEES AND NOW, comes the Petitioner, Janice T. Salisbury, Plaintiff in the above-captioned divorce action, by and through her counsel, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly LLP, and avers as follows: Petitioner is Janiec'r. Salisbury, Plaintiff in the above-captioned divorce action. 2. Respondent is Michael S. Salisbury, Defendant in the above-captioned divorce action. Mr. Salisbury has been represented in these proceedings by Gary L. Kelley, Esquire. 3. E. Robert Elicker, II was appointed Divorce Master and, pursuant to that appointment, conducted a settlement conference with counsel and parties on September 8, 2005. At that time, the parties, through their counsel, reached an agreement to to a resolution of all of the outstanding economic issues, and, accordingly, the Master did not schedule a hearing but directed the parties to circulate a Property Settlement Agrctment for execution. 4. Immediately following the confLrence, Petitioner's counsel prepared a Postnuptial Agreement setting forth the terms of the agreement as agreed to by the parties and forwarded the same to counsel for Respondent on September 19, 2005. Subsequently, on September 30, 2005, Petitioner's counsel also forwarded a draft QDRO as was required pursuant to the Agreement for review by Respondent and his counsel. True and correct copies of the draft Agreement and QDRO are attached hereto, incorporated herein, and identified as Exhibit "A". 5. Since September 30, 2005, Petitioner's counsel has repeatedly contacted Respondent's counsel by telephone, requesting information regarding the status of the Agreement. Also, correspondence has been sent to Respondent's counsel inquiring as to the status. 6. There has been no affirmative response regarding when Respondent may execute both of the documents, however, on the weekend of October 29, 2005, Petitioner spoke to Respondent directly and he advised her that he had no intention of ever signing the Agreement or the QDRO. 7. Petitioner has been required to expend considerable counsel fees in attempting to secure Respondent's signature on the Agreement to which he has agreed. Accordingly, the Petitioner is requesting that the Court direct Respondent to execute the Agreement and to award Petitioner counsel fees. 2 WHEREFORE, Petitioner Janice T. Salisbury, respectfully requests this Honorable Court to direct Respondent, Michael Salisbury, to execute the draft Postnuptial Agreement and TIAA-CREF QDRO within ten (10) days of the date of an Order directing him to do so, that he reimburse Petitioner her counsel tees incurred in bringing this mattes before the Court. Respectfully submitted, Dated: adel, Esquire Attorney I.D. 1144837 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 3 URIFICATIN The undersigned, Susan M. Kadel, Esquire, of the law firm of James, Smith, Dietterick & Connelly, LLP, Hershey, Pennsylvania, hereby certifies that the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees has been prepared by me by knowledge and information acquired during the course of my representation of Petitioner, Janice T. Salisbury; that 1 execute this verification as a signature of said Petitioner cannot be obtained in the time permitted for the filing of this pleading; and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: u . Kadel, Esquire JANICE T. SALISBURY, Plaintiff/Petitioner v. MICHAEL S. SALISBURY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Petitioner, Janicc T. Salisbury, hereby certify that I have served a copy of the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees on the following on the date and in the manner indicated below: VIA U.S MAILLIRST LI.A3S, PRE-PAID Gary L. Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 JAMES, SMITH, DIETTERICK & CONNELLY,LLP Dated: -igwf By: _ (Sus=U.-Wade', Esquire Attorney I.D. #44837 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3180 ?, i DRAFT JANICE T. SALISBURY, IN THE COUR`f OF COMMON PLt?AS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No.97-49000IVIL. MICHAEL S. SALISBURY, CIVIL ACTION - LAW Defendant IN DIVORCE. STIPULATION FOR_h.N'I'RYOF QUALIFIED DOME STIC_RELATIONS ORDE:R_(QnRO) The parties, lanice T. Salisbury, Plaintiff, and Michael S.. Salisbury, Defendant, do hereby stipulate as follows: The parties hereto were husband and wife and seek this Order in conjunction with a dissolution of their marriage and a Postnuptial Agreement dated 2005 in the action pending in this Court at the above-captioned term and number. 2. Michael S. Salisbury, Social Security tl 191-40-891 I, hereinafter referred to as "Participant", is employed by Harrisburg Area Community College and is a participant in the Teachers Insurance Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF" and has the following annuities: TIAA Retirement Annuity (RA) Contract No. 8081525-4 CREF SRA No. 1439145-2 Michael S. Salisbury's current and last known mailing address is 145 Bosler Avenue, Lemoyne, PA 17043. 3. The Alternate Payee is Janice T. Salisbury whose current and last known mailing address is 420 North Wood Street, Valentine, NE 69201. The Alternate Payee's Social Security Number is 305-64-9217, her date of birth is March 8, 1955, and her daytime phone number is 402-376-3595. 4, To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: t., That the "I'IAMCREF nnnuitics previously referenced are marital property: B. Upon finalization of this Order and pursuant to the terms of said annuities, the current values as of the valuation elate of the participant's TIAA-CREF annuity accumulations for the Marital Portion defined below shall be awarded m the Alternate Payee's sole and exclusive property to be applied to'I'IAA-('REF annuities subject to the terms and limitations of said annuities The sum of $113,034.00 to be valued as of September 1, 2005, the date the marital property interest ceased. The funds shall be taken from the following account: TIAA RA No. 8081525-4 $113,034.00 ii, Transfer Values The value actually transferred will include and reflect interim investment experience from September I, 2005 until the transfer is recorded by TIAA-CREF. C. Conditions of division of amenity contracts: All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. ii. All ownership rights in the newly issued annuities will belong to the Alternate Payee, iii. The beneficiary designation of the Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted purssant to the provisions of the contracts, and accepted by TIAA-CREF. The Alternate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of tiny change of address. iv. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata, This Alternate Payee may change the investment allocation once her annuities are issued in accordance with the contributing employer's plan. D. 'termination of Alternate Payee's status as beneficiary of record for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant. Termination - as of the date of TIAA-CREF's receipt of the QDRO, all TIAA- CREF benefits otherwise payable to the Alternate Payee as beneficiary are payable to the estate of the Participant. The Participant retains the rights to change the designation: YES _ X NO E. TIAA Traditional Retirement Annuities (RAs) do not allow single-sum withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities, the Alternate Payee's right to receive single-sum withdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within 30 days of the request for same. 5. This Order: A. does not require any plan to provide any type of fornt of benefits, or any options not otherwise provided under the plan, and B. does not require TIAA-CREF to provide increased benefits, and C. does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously detennined to be a Qualified Domestic Relations Order. D. I f tiny portion of this order is rendered invalid, the balance of this order will remain fully enforceable. 6. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Qualified Domestic Relations Order. BY THE COURT: Dated: J. CONSENTED TO: Michael S. Salisbury Participant ATTORNEY FOR PARTICIPANT Gary L. Kelley, Esquire Janice T.. Salisbury, Alternate Payee ATTORNEY FOR ALTERNATE PAYEE Susan M. Kadel, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE: JANICE T. SALISBURY, Plaintiff' V. No, 97.4900 Civil . MICHAEL S. SALISBURY, CIVIL, ACTION- LAW Defendant IN DIVORCE P-OSTNUP"['IAL AGREEMENT AGREEMENT made this day of , 2005, by mid between Janice T. Salisbury, hereinafter called "Wife," A N D Michael S. Salisbury, hereinafter called "Husband." WHEREAS, the parties. were married on December 29, 1983; and WHEREAS, in consequence of'disputes and unhappy differences, the parties are separated and living apart from each other; and 9nn9s729.i WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the final settlement of their property rights and other rights and obligations growing out of their marriage relationship. IT IS THERI?FORE AGREED: CO_NS11)ERATION -The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. 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 may from time to time choose or deem fit. 3. NO_INITRFERF.NCE - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. DIVISION OF_f F._RSONALI?ROPERTY - The parties have heretofore divided their personal property to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of'personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power otdisposition as ifhe or she were unmarried. SUPPORT _AND ALIMONY Ilusband and Wife do hereby waive, release, discharge and give up any rights which either may have against the other to receive spousal support, alimony pendente lite, alimony or other pre- or post-divorce rnM'MA119 1 -2- maintenance or support. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. 6. COUNSEL FEES - A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. 7. WAIVER OF P_F.NSION BEN `FITS - Husband and Wife agree that each shall execute any documents necessary to release and waive forever any right, title or interest each party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any other plan or account for retirement or deferred income). Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-fact for the purpose of consenting to any election under any plan under Section 417 of the Internal Revenue Code or Section 205 of the F.rnployce Income Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property; with the exception that, with regard to Husband's TIAA-CREF pension, the parties agree that the sum of $113,034.00 shall he transferred to 000957291 -3 Wife through a Qualified Domestic Relations Order (QDRO). Any expense incident to the preparation of the QDRO shall be borne by Wife. Ilusband agrees to cooperate to the extent necessary to submit the QDRO to TiAA-CRFF for finalization within thirty (30) days of the date ofexecution of this Agreement. To the extent Husband does not so cooperate, earnings and interest on the lump sum will begin to accrue upon the expiration of the thirty (30) days. Husband shall retain the balance of his TIAA-CREF without any claim thereto by wife. 8. WIF-'S DEBTS - Wife represents and wanants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and shall indemnify and save harmless I lusband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 9. HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or tier estate may be responsible and shall indemnify and save harmless Wife firm any and all claims or demands made against her by reason of debts or obligations incurred by him. 10. WAIV_F.RAND IMLEASE OF f?S'I'A;I'F: RIGHTS - Hach party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the 000-,109 1 -,1 - parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way ofdower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth or territory of the United States, or any other country. The parties each waive, release and disclaim any and all right to receive the benefits of any property passing outside of the other's Will (including, without limitation, life insurance proceeds, and retirement, pension and profit sharing plan benefits), except as otherwise set forth in this Agreement. The parties firrther waive, release and disclaim any and all right to receive any legacy, bequest or residuary portion of the estate of the other under his or her Will or to act as personal representative of the estate of the other, unless such a legacy, bequest or residuary portion has been specifically made to the other and a specific, acknowledgement as to the existence of this Agreement is made therein. IL E QUI'I'AE3LE _[)IVISION 01: PROPER"I Y - By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 000937]9 1 S 12. FINANCIALPISCLOSUR -'this Agreement is made upon the assurance that each party has made it full, complete and total disclosure to the other of his or her income and the nature, extent and value of all of the spouses' respective assets and obligations, for the purpose of inducing the other party to enter into this Agreement, and therefore, to the extent that a party has failed to make such full and complete disclosure, then the releases and waivers contained in this Agreement shall be null and void as to any income, property or asset of the other which he or she has not disclosed; and any such property is unaffected by this Postnuptial Agreement. In the event that by reason of such nondisclosure by one party, the other party incurs additional counsel fees or incurs or expends suit money or costs in order to protect or assert his or her rights or claims, the nondisclosing party shall be obligated to and shall forthwith pay to the other party all such reasonable attorney's fees, court costs, and suit money, and further, that party shall hold harmless and indemnify the other from all financial detriment thereby incurred by that party. 13. TAX ADVICE - The parties acknowledge that they have been separately advised by their respective attorneys that there may be certain tax consequences pertaining to this Agreement, that neither attorney has furnished tax advice with respect to this Agreement, that each party has been directed and advised to obtain independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement and that they have had the opportunity to do so. 000')V29 1 14. MUTUAL_RITEASE? - Subject to the provisions ofthis Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release, and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the p:trties have, or ever had against the other. 15. BRI-ACII - Ifeither party breaches any provision hereof, then the non- breaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies tor relief as may be available to him or her, and the defaulting party shall be responsible far payment of all legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in a Court of Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the ground of lack of jurisdiction of said court or on the ground of an adequate remedy at law. The parties do not intend or purport hereby to improperly conferjurisdiction on a Court in Equity by their agreement, but they apyce as provided herein for the Forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of courts in equity over Agreements such as this one. The parties hereto agree that the provisions of this Agreement, including support, visitation or otherwise, may be entered 00091119 1 and enforced by an appropriate court order at the action of the entitled party and against the obligated party, as the case may be, in the instance in question, when any problem arises. 16. WAIVER OF PENNSYLVANIA DIVORCI{ CODk?. RIGHTS -All property set apart herein either now or in the future as the separate property of either Husband or Wife and all property now owned by or titled to flusband or Wife individually and all property acquired by I lusband or Wife individually at any time after the execution of this Agreement shall remain the separate property of Husband or Wife and shall under no circumstances be considered as or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania Divorce Code, and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. 'fhis Agreement shall be "..eemed to be and construed to be a full and final property settlement and each agrees that he or she has no further claims against the other for equitable distribution of the property, alimony or any other property claim permitted by the Pennsylvania Divorce Code now or in the future enacted. 17. ADDITIONAL .INSiRUME.N Each of the parties shall, frorn time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments which may be reasonably required to give full force and effect to the provisions of this Agreement. 000917241 -H- 18. EFFECT Of _REC QNCILIA"I'I()N, COtIA_E3l I ATIQN QR DIVORCE_ This Agreement shall remain in toll fierce and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as hushand and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 19. VOLUNTARY EXECUTION -The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by his or by her counsel Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel oftheir selection; that Wife has been independently represented by counsel, Susan M. Kadcl, Esquire, and that husband has been independently represented by Gary L. Kelley, Esquire. Each party hereby confirms that he or she fully understands the terms, conditions and provisions hereof and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the a00'M29 i Agreement freely and voluntarily, having either obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 20. ENTIRE _A( EZGEMENT -This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 21. MODIFICATION ANU_ WAIVER - A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. SITUS - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 23. PARTIAL ._INVAIIUITNl - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 24. BINDINCi_F_;_FFEC'I - Except as otherwise stated within, all the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors, and administrators of the parties. 01X)95 729 1 - M- 25. INTENT QF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement. 26. INCORPORATION - It is the intent of the parties that this Agreement be incorporated but not merged into any final decree of divorce which might be entered in the future. IN WITNESS WHEREOF, the parties have signed, sealed and acknowledged this instrument the day and year first above written. WITNESSES: Susan M. Kadel, Esquire Janice T. Salisbury Counsel for Janice T. Salisbury Gary L. Kelley, Esquire Michael S. Salisbury Counsel for Michael S. Salisbury WHY) SrD I COMMONWEAL'1'11 OI' PENNSYLVANIA COUNTY OF On this day of 2005, before nte, a Notary Public, the undersigned officer, personally appeared Janiec T, Salisbury, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ----- --------..- - ---- (SEAL) Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this __ clay of :ss. 2005, before me, a Notary Public, the undersigned officer, personally appeared Michael S. Salisbury, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. - - -- ---- -_?(SEAL) Notary Public 0009479, 1 My Commission Expires: -12- 4 I JANICE T. SALISBURY, Pluintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4000 CIVIL CIVIL. ACTION - LAW IN DIVORCE NOTICE OF EI.ECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, hereby elects to retake and ye .?' n hereafter use her firmer name of Janice/T. Tetherow and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S.A. 0 704(x). DATED: _/o?-? djDOs Sworn to and subbcribed this _4?day 2005. r Jc alisbury JK 7r TO BE KNOWN AS J w JaniceyTetherow J Aye ©' ?? I. ?, ?? , , it ?. 1 ' ' ' ?. r ?. ?. ?.? ? i i? Q ? ? ? , ? ? c? .? ,, r. , ? ??^ ,? ? r? ? ?. I ?,?c' °- ,? ' ? ? ? I , ??? ?, ,. ?, JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 974900 CIVIL CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this Z day of February, 2006, upon consideration of the attached Praecipe to Withdraw Plaintiffs Petition for Enforcement of Marital Settlement Agreement and Counsel Fees, it is hereby ORDERED and DECREED that the hearing scheduled for March 2, 2006 at 1:30 p.m. is canceled. Distribution: Susan M. Kadel, Esquire Gary L. Kelley, Esquire , /4- QG ?l nv Iho rnnrr a -?- w Susan M. Kadel, Esquire Attorney I.D. No. 44837 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 97.4900 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEDIENT AND COUNSEL FEES TO THE PROTHONOTARY: Please withdraw the Petition for Enforcement of Marital Settlement Algeement and Counsel Fees tiled by Plaintiff in the above-captioned divorce action. Dated: 7 UG Respectfully submitted, Susan M. Kadeluire Attorney I.D. #44837 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033-0650 (717) 533.3280 r y, JANICE T, SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 97.4000 CIVIL CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE 1, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Janice T. Salisbury, hereby certify that I have served a copy of the foregoing Praecipe to Withdraw Plaintiff's Petition for Enforcement of Marital Settlement Agreement and Counsel Fees on the following on the date and in the manner indicated below: VIA U.S MAILiFIRS7' CLASS, PRE-PAID Gary L. Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: -? By: Ax-et ``Stn Kadel, Esquire Attorney I.D. #44837 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 if i 1 i r1 1 r r rr 1 I , 1 1 r•, cv r, r 1 (. l CC) LLP C5 N U JANICE T. SALISBURY, Plaintiff Vs. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 4900 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of , 2006, the economic claims raised in the proceedings having been resolved in accordance with a postnuptial agreement dated December 6, 2006, the appointment of the Master is vacated and counsel can file ej praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE Edgl&s . Bayle cc: Susan M. Kadel Attorney for Plaintiff Gary L. Kelley ,Loaacoi Attorney for Defendant 100 I + I v I I U j u_r li ?V , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE: JANICE T. SALISBURY, Plaintiff No. 97-4900 Civil V. MICHAEL S. SALISBURY, Defendant CIVIL ACTION - LAW IN DIVORCE: POSTNUPTIAL AGRE?EMENT AGREEMENT made this A 7'9 day of - , 2005, by and between Janice T. Salisbury, hereinafter called "Wife," A N D Michael S. Salisbury, hereinafter called "Husband." WHEREAS, the parties were married on December 29,1983; and WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and 0095729 1 WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the final settlement of their property rights and other rights and obligations growing out of their marriage relationship. IT FS THEREFORE AGREED: CONSIDERA'I ION -The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. SEPARA"fION - 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 may from time to time choose or deem fit. 3. NO INI:ERFF;_RENCE - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. DIVISION OF PERSONAL. PROPERTY - The parties have heretofore divided their personal property to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried. 5. SUPPORT AND _ALIMONY -- Husband and Wife do hereby waive, release, discharge and give tip any rights which either may have against the other to receive spousal support, alimony pendente lite, alimony or other pre- or post-divorce 000IM724 1 .2. maintenance or support. From the execution (late of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. 6. COUNSEL FEES A. Ilusband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. B. Wife agrees to pay all counsel fees incurred by her since the separation of Ilusband and Wife. 7. WAIVER_ V --- PENSION BENEFITS - Husband and Wife agree that each shall execute any documents necessary to release and waive forever any right, title or interest each party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any other plan or account for retirement or deferred income). Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-tact for the purpose of consenting to any election under any plan under Section 417 of the Internal Revenue Code or Section 205 of the Employee Income Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property; with the exception that, with regard to Husband's TIAA-CREF pension, the parties agree that the sum of $113,034.00 shall be transferred to OW93779 1 -3- Wife through a Qualified Domestic Relations Order (QDRO). Any expense incident to the preparation of the QDRO shall be borne by Wife. Husband agrees to cooperate to the extent necessary to submit the QDRO to TIAA-CREF for finalization within thirty (30) days of the date of execution of this Agreement. To the extent Husband does not so cooperate, earnings and interest on the lump sum will begin to accrue upon the expiration of the thirty (30) days. Husband shall retain the balance of his TIAA-CRFT without any claim thereto by Wife. S. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and shall indemnity and save harmless husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 9. HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 10. WAIVER AND RELEASE OE•: ESI'ATE:_RIGI.ITS - Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth or territory of the United States, or any other country. The parties each waive, release and disclaim any and all right to receive the benefits of any property passing outside of the other's Will (including, without limitation, life insurance proceeds, and retirement, pension and profit sharing plan benefits), except as otherwise set forth in this Agreement. The parties further waive, release and disclaim any and all right to receive any legacy, bequest or residuary portion of the estate of the other under his or her Will or to act as personal representative of the estate of the other, unless such a legacy, bequest or residuary portion has been specifically made to the other and a specific acknowledgement as to the existence of this Agreement is made therein. IL EUITABLE DIVISION OF 1 ROPF,I2'IY - By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 0000) I) i -5- 12, FINANCIAL DISCLOSURE; - This Agreement is made upon the assurance that each party has made a full, complete and total disclosure to the other of his or her income and the nature, extent and value of all of the spouses' respective assets and obligations, for the purpose of inducing the other party to enter into this Agreement, and therefore, to the extent that a party has tailed to make such lull and complete disclosure, then the releases and waivers contained in this Agreement shall be null and void as to any income, property or asset of the other which he or she has not disclosed; and any such property is unaffected by this Postnuptial Agreement. In the event that by reason of such nondisclosure by one party, the other party incurs additional counsel fees or incurs or expends suit money or costs in order to protect or assert his or her rights or claims, the nondisclosing party shall be obligated to and shall forthwith pay to the other party all such reasonable attorney's fees, court costs, and suit money, and further, that party shall hold harmless and indemnify the other from all financial detriment thereby incurred by that party. 13. TAX ADVICE - The parties acknowledge that they have been separately advised by their respective attorneys that there may be certain tax consequences pertaining to this Agreement, that neither attorney has furnished tax advice with respect to this Agreement, that each party has been directed and advised to obtain independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement and that they have had the opportunity to do so. 00091729 1 _?- 14, MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release, and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties have, or ever had against the other. 15. BREACH - If either party breaches any provision hereof, then the non- breaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies for relief as may be available to him or her, and the defaulting party shall be responsible for payment of all legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in a Court of Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the ground of lack of jurisdiction of said court or on the ground of an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by their agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of courts in equity over Agreements such as this one. The parties hereto agree that the provisions of this Agreement, including support, visitation or otherwise, may be entered 00091729 1 -7- and enforced by an appropriate court order at the action of the entitled party and against the obligated party, as the case may be, in the instance in question, when any problem arises. 16. WAIVER OF_PENNSYLVANIA DIVORCE CODE RIGHTS -All property set apart herein either now or in the future as the separate property of either Husband or Wife and all property now owned by or titled to Husband or Wife individually and all property acquired by husband or Wife individually at any time after the execution of this Agreement shall remain the separate property of Husband or Wife and shall under no circumstances be considered as or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania Divorce Code, and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. This Agreement shall be deemed to be and construed to be a full and final property settlement and each agrees that he or she has no further claims against the other for equitable distribution of the property, alimony or any other property claim permitted by the Pennsylvania Divorce Code now or in the future enacted. 17. 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 which may be reasonably required to give full force and effect to the provisions of this Agreement. (0091729 1 -H. 18, EFFECTOL?,R-CONCILIATION,COHABITATIONORDIVORCE - This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. "['here shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any tenn of this Agreement to be null and void. 19. VOLUNI'ARY.FXECUTION -The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by his or by her counsel. Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by counsel, Susan M. Kadel, Esquire, and that Husband has been independently represented by Gary L. Kelley, Esquire. Each party hereby confirms that he or she fully understands the terms, conditions and provisions hereof and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the 00095179 1 -9- Agreement freely and voluntarily, having either obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 20. ENTIRE AGREEMENT -This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 21. MODIFICATION AND WAIVER - A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. SITUS - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 23. PARTIAL INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 24. BINDING EFFECT - Except as otherwise stated within, all the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors, and administrators of the parties. 000977891 25. INTEND OPPART ES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement 26. INCORPORATION - It is the intent of the parties that this Agreement be incorporated but not merged into any final decree of divorce which might be entered in the future. IN WITNESS WHEREOF, the parties have signed, sealed and acknowledged this instrument the day and year first above written. WITNESSES: ,4"? -,,,e usan adel, Esquire Counsel for Janice T. Salisbury J L. "ley, Salisbury (SEAL) Janice T. Salisbury -- 01MV29 I i i I ? ? ? ? r ? i ? .. ? ? ', r 1 i I ? ? , . , ' ? ? ' I ' ? ? ' ! ' i ? i ? i ' ? II 1 ?? ' . i ? ? ?. ?? ? ? i i .. i ? ? I ? i ? ? ' ? ? ? 1 I-,?^L /'I? JANICE T. SALISBURY, Plaintiff' V. MICHAEL S. SALISBURY, Defendant ?,:. ) 7 1006 IN THE COURTOF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL. ACTION - LAW IN DIVORCE. STIPULATION FOR ENTRY OF QUALIFIED_DOMESTIC RELATIONS ORDER (_QDRO) The parties, Janice T. Salisbury, Plaintiff, and Michael S. Salisbury, Defendant, do hereby stipulate as follows: The parties hereto were husband and wife and seek this Order in conjunction with a dissolution of their marriage and a Postnuptial Agreement dated December 6, 2005 in the action pending in this Court at the above-captioned term and number. 2. Michael S, Salisbury, Social Security ft 191-40-8911, hereinafter referred to as "Participant", is employed by Harrisburg Area Community College and is a participant in the Teachers Insurance Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF" and has the following annuities: TIAA Retirement Annuity (RA) Contract No. 8081525-4 CREF SRA No. J439145-2 Michael S. Salisbury's current and last known mailing address is 145 Bosler Avenue, Lemoyne, PA 17043. 3. The Alternate Payee is Janice T. Salisbury whose current and last known mailing address is 420 North Wood Street, Valentine, NE 69201. The Alternate Payee's Social Security Number is 305-64-9217, her date of birth is March 8, 1955, and her daytime phone number is 402-376-3595. A N r ? I I I I 1 I ? 4. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That the'rIAA-CREF annuities previously referenced are marital property: B. Upon finalization of this Order and pursuant to the terms of said annuities, the current values as of the valuation date of the Participant's TIAA-CREF annuity accumulations for the Marital Portion defined below shall he awarded as the Alternate Payee's sole and exclusive property to be applied to'rIAA-CREF annuities subject to the terms and limitations of said annuities: The sum of $113,034.00 to be valued as of September I, 2005, the date the marital property interest ceased. The funds shall be taken from the following account: TIAA RA No. B081525-4 $113,034.00 ii. Transfer Values The value actually transferred will include and reflect interim investment experience from September I, 2005 until the transfer is recorded by TIAA-CREF. C. Conditions of division of annuity contracts: All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. ii, All ownership rights in the newly issued annuities will belong to the Alternate Payee. iii. The beneficiary designation of the Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TIAA-CREF. The Alternate Payee must review the contracts at issuance for accuracy and infrrm'rIAA-CREF of any change of address. iv. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. This Alternate Payee may change the investment allocation once her annuities are issued in accordance with the contributing employer's plan. D. Termination of Alternate Payee's status its beneficiary of record for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant. Termination - as of the date of'1'IAA-CREF's receipt of the QDRO, all TIAA- CREF benefits otherwise payanle to the Alternate Payee as beneficiary are payable to the estate of the Participant. The Participant retains the rights to change the designation: YES X NO E. TIAA Traditional Retirement Annuities (RAs) do not allow single-sum withdrawals or transfers to altemate carriers. For other TIAA-CREF annuities, the Alternate Payee's right to receive single-sum withdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within 30 days of the request for same. S. This Order: A. does not require any plan to provide any type of form of benefits, or any options not otherwise provided under the plan, and B. does not require TIAA-CREF to provide inercused benefits, and C. does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. D. If any portion of this order is rendered invalid, the balance of this order will remain fully enforceable. 6. The Court of Common Plcas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Qualified Domestic Relations Order. Dated: 1. CONSENTED TO: aI! Janice T. Salisbury, Alternate Pay ATTORNEY FOR PARTICIPANT J' Ga L. elley, Es ire - - - -- ATTORNEY FOR ALTERNATE. PAYEE 0 AKadcl,uire BY THE COURT: M'r, . r I ' 1 i* L JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 97-4900 CIVIL MICHAEL S. SALISBURY, Defendant CIVIL ACTION - DIVORCE PRETRIAL STATEMENT PER Pa.R.C.P. 1920.33(b) 1. A list of assets specifying: (i) the marital assets, their value, the date of the valuation, whether any portion of the value is non-marital, and any liens or encumbrances thereon; and (ii) the non-marital assets, their value, the date of valuation, and any liens or encumbrances thereon. ANSWER: See inventory and appraisement. 2. The name and address of each expert whom the party intends to call at trial as a witness. A report of each expert witness listed shall be attached to the Pretrial Statement. The report shall describe the witness' qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. ANSWER Defendant does not anticipate calling any experts at this time. However, he reserves the right to supplement this response as necessary. 3. The name and address and a short summary of the testimony of each person, other than the party, whom the party intends to call at trial as a witness. ANSWER: None 4. A list of all of the exhibits which the party expects to offer in evidence, each containing an identifying mark. Any exhibits that do not exceed three pages shall be attached to the Pretrial Statement, and any exhibits which exceed three pages shall be described. ANSWER: Defendant's pension statement, Defendant's paystub, copies of all marital bills paid by Defendant postseparation, copies of medical bills paid by Defendant of which Plaintiff is partially responsible to pay. 5. The party's gross income from all sources, each payroll deduction and the party's net income, including the party's most recent state and federal income tax returns and paystubs. ANSWER: See Defendant's paystub. 6. If the party intends to offer any testimony as to his or her expenses, a current expense statement in the form required by the practice and procedure governing an action in support. ANSWER: Defendant does not anticpate this being an issue at this time. However, Defendant reserves the right to supplement this answer as necessary 7. The value of a pension or retirement benefits, the marital portion thereof, and the facts and documentation upon which the party relies to support the valuation. ANSWER See inventory and appraisement. 8. If there is a claim for counsel fees, the amount of fees to be charged, the basis for the charge, and a detailed itemization of the services rendered. ANSWER: N/A. 9. Where there is a dispute, the description and value of any items of tangible personal property, the method of evaluating each item, and the evidence, including documentation, to be offered in support of the valuation. ANSWER: N/A 10. A list of marital debts, including the amount of each debt as of the date of the separation, the date on which the debt was initially incurred, the initial amount of the debt and its purpose, the amounts and dates of payments made since the date of separation, and the evidence that will be offered in support of the claim. ANSWER: See inventory and appraisement. 11. A proposed resolution of the economic issues. ANSWER: 50/50 distribution of assets. Advanced distribution to Plaintiff and any marital debt paid by Defendant to be offset from Plaintiffs distribution of marital assets. Respectfully submitted, By: Harrisburg, PA 17102 (7:17) 238-1484 Attorney for Defendant CJ c i a w '.< JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 97-4900 CIVIL MICHAEL S. SALISBURY, Defendant CIVIL ACTION - DIVORCE LIST OF MARITAL ASSESTS AND DEBTS AND NOW, comes the Defendant, Michael S. Salisbury, by and through his attorney, Gary L. Kelley, and respectfully submits,the following: MARITAL ASSETS Asset Value Possessed by 1. Defendant's pension from $139,273.18.- 11,373.70 = 127,899.48 employment. TIAA/CREF 2. Proceeds from sale of marital residence unk. To Plaintiff 3. Plaintiffs 401(k) unk. To Plaintiff 4. 1993 Jeep Grand Cherokee unk. To Plaintiff 5. 1990 Pontiac Grand Am nominal To Defendan MARITAL DEBT (Paid by Defendant) Debt Amount 1. Plaintiff's business phone 758.76 2. PPL 820.91 3. Bell Atlantic 197.83 4. PA water 154.02 5. Sewage 727.94 6. Bank of America 3,198.88 7. GE card 2,221.94 8. Blazer CDC 1,059.78 9. Braces (Alyson) 3,450.00 10. Braces (Wesley) 3,420.00 11. MRS (Dauph Deposit) 4,627.00 12. Van lease 2,000.00 TOT AL 22,637,06 NONMARITAL ASSETS 1. Premarital portion of Defendant's pension 11,373.70 2. Plaintiffs inheritance unk. Respectfully submitted, G L. elley, Esq re I. 01 1119 North Front Street Harrisburg, PA 17102 (717) 238-1484 Attorney for Defendant C7 © p < n W T 4 r ll tt9 --C JAN 0 4 205 JANICE T. SALISBURY, IN THE COURT OF COMMON PLEAS Petitioner/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 97-4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION - LAW Respondent/Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this 6 (b day of January, 2005, a Rule is issued upon the Respondent, Michael S. Salisbury, to show cause why the within Motion for Sanctions should not be granted. Said Rule is returnable within ten (10) days of service of this Order. BY THE COURT: S J. C? 7i t, 7 L ? : I I VIV 9- ti f SOOZ JANICE T. SALISBURY, Petitioner/Plaintiff v MICHAEL S. SALISBURY, Respondent/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S MOTION FOR SANCTIONS PURSUANT TO Pa.R.C.P. 1920.33(c) and 4019(c) AND NOW, comes the Petitioner, Janice T. Salisbury, by and through her counsel, Susan M. Kadel, Esquire, and the law firm of James, Smith, D ietterick & Connelly, LLP, and avers the following: 1. Petitioner/Plaintiff, Janice T. Salisbury, filed a Complaint in Divorce raising claims for equitable distribution, alimony and counsel fees, costs and expenses on or about September 10, 1997. 2. On or about October 30, 2001, Gary L. Kelley, Esquire, entered his appearance on behalf of the Respondent/Defendant, Michael S. Salisbury. 3. On or about August 17, 2004, Plaintiff filed a Motion to Compel Discovery Responses and the Court entered a twenty (20) day Rule to Show Cause on August 23, 2004. 4. Defendant, by and through his counsel, failed to respond to the Motion to Compel Discovery Responses and, accordingly, on October 29, 2004, the Court entered an Order directing that Respondent comply with the discovery request within ten (10) days from the date of the Order. 5. On or about June 14, 2004, Plaintiff, by and t]:irough her counsel, filed a Motion for Appointment of Master and an Inventory of marital property. 6. On October 26, 2004, the Divorce Master, E. Robert Elicker, II, sent notices to counsel for both parties indicating that each counsel was to file a Pre-trial Statement on or before Monday, November 22, 2004. A true; and correct copy of the Master's correspondence of October 26, 2004, is attached hereto, incorporated herein, and identified as Exhibit "A". 7. Pursuant to the Master's directive, Plaintiff's counsel filed the original Pre-trial Statement with the Divorce Master's office on or about November 19, 2004. 8. A Pre-hearing Conference has been scheduled before the Divorce Master on February 28, 2005, at 9:30 a.m. 9. To date, Defendant has not filed either an Inventory of marital property or a Pre-trial Statement as directed by the Divorce Master. There has been no response whatever from the Defendant to any communication from the Divorce Master's office. 10. Accordingly, pursuant to Pa.R.C.P. 1920.33(c): If a party fails to file either an Inventory as required by subdivision (a) or a Pre-trial Statement as required by subdivision (b), the Court may make an appropriate Order under Rule 4019(c) governing sanctions. (d)(1) A party who fails to comply with the requirement of subdivision (b) of this Rule shall, except upon good cause shown, be barred from offering any testimony or introducing any evidence in support of or in opposition to claims for the matters not covered therein. 11. Pa.R.C.P. 4019(c) provides that the Court may enter an Order imposing punishment for contempt and/or an Order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting such party from introducing in evidence designated documents, things or testimony or from introducing evidence of physical and mental condition. 12. It is submitted that Defendant, Michael S. Salisbury, should be subjected to sanctions for failing to comply with the directives in that lie has failed to file an Inventory of property and a Pre-trial Statement. WHEREFORE, Plaintiff, Janice T. Salisbury, respectfully requests that sanctions be entered against the Defendant as set forth in the above-referenced rules. Respectfully submitted, Date: 6,1' ?v/ aDUG/ Susan M. Kadel., Esquire Attorney for Plaintiff, Janice T. Salisbury James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorney I.D. No. 44837 Exhibit "A" OFFICE OF DIVORCE MAS'rER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter October 26, 2004 ' jV Nov 0 1 200 West Shore 697-0371 Ext. 6535 Susan M. Kadel Gary L. Kelley Attorney at Law Attorney at Law JAMES, SMITH, DIETTERICK & CONNELLY 132-134 Walnut Street P.O. Box 650 Harrisburg, PA 17101 Hershey, PA 17033-0650 RE: Janice T. Salisbury vs. Michael S. Salisbury No. 97 - 4900 Civil In Divorce Dear Ms. Kadel and Mr. Kelley: I am in receipt of a letter dated October 22, 2004, from Susan Kadel, attorney for Ms. Salisbury. She has indicated that discovery is near completion and has asked for a conference. However, before scheduling a conference I am going to issue a directive for the filing of pretrial statements. A complaint in divorce was filed on September 10, 1997, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel f-les and expenses. I am going to proceed on the basis that there is no issue with respect to grounds for divorce; also, I assume that at the time of the pre-hearing conference, we will not have to deal with any discovery issues. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, November 22, 2004. Upon receipt of the pretrial Ms. Kadel and Mr. Kelley, Attorneys at Law 26 October 2004 Page 2 statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. JANICE T. SALISBURY, Petitioner/Plaintiff V. MICHAEL S. SALISBURY, Respondent/Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Janice T. Salisbury, hereby certify that I have served a copy of Plaintiff s Motion for Sanctions on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Gary L. Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 DATE: JAMES, SMITH, DIETTERICK & CONNELLY By: Susan M. Kadel., Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 C" STERLING K. MOLL and IN THE COURT OF COMMON PLEAS OF ESTHER M. MOLL CUMBERLAND COUNTY, PENNSYLVANIA V. BOROUGH OF WORMLEYSBURG NO. 97-6274 CIVIL TERM ORDER OF COURT AND NOW, this 4T-" day of JANUARY, 2005, trial in this matter having been delayed because of Plaintiff's medical emergency, we will reconvene on FRIDAY, FEBRUARY 18, 2005, at 9:00 a.m. to complete the testimony of Defendant's expert and to hear closing arguments. Edward E. Guido, J. Sterling K. Moll Esther M. Moll W. Darren Powell, Esquire :sld lVI NIT UR J??7 tt.1 3H- z 1 '0 JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 97-4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE If you wish to deny any of the state vents 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 The parties to this action separated on May 15, 1999 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 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. § 4904 relating to unsworn falsification to authorities. Date:02&?av z ogoos- ? 44?&? Janice T. Salisbury, Plaintiff JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 97-4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Plaintiff, Janice T. Salisbury, hereby certify that I have served a copy of the Plaintiff s Affidavit Under Section 3301(d) of the Divorce Code on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Gary L. Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 DATE: / r v S` JAMES, SMITH, DIETTERICK & CONNELLY By: / Susan. Cadel, Esquire Attorney for Plaintiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA LD. No. 44837 JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER $ 3301(d) OF THE DIVORCE CODE 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: ?, o?OQS ?.?ip?.. Janice T. Salisbury, Plaintiff Susan M. Kadel, Esquire Attorney I.D. No. 44837 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff/Petitioner JANICE T. SALISBURY, Plaintiff/Petitioner V. MICHAEL S. SALISBURY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT AND COUNSEL FEES AND NOW, comes the Petitioner, Janice T. Salisbury, Plaintiff in the above-captioned divorce action, by and through her counsel, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly LLP, and avers as follows: 1. Petitioner is Janice T. Salisbury, Plaintiff in the above-captioned divorce action. 2. Respondent is Michael S. Salisbury, Defendant in the above-captioned divorce action. Mr. Salisbury has been represented in these proceedings by Gary L. Kelley, Esquire. 3. E. Robert Flicker, II was appointed Divorce Master and, pursuant to that appointment, conducted a settlement conference with counsel and parties on September 8, 2005. At that time, the parties, through their counsel, reached an agreement as to a resolution of all of the outstanding economic issues, and, accordingly, the Master did not schedule a hearing but directed the parties to circulate a Property Settlement Agreement for execution. 4. Immediately following the conference, Petitioner's counsel prepared a Postnuptial Agreement setting forth the terms of the agreement as agreed to by the parties and forwarded the same to counsel for Respondent on September 19, 2005. Subsequently, on September 30, 2005, Petitioner's counsel also forwarded a draft QDRO as was required pursuant to the Agreement for review by Respondent and his counsel. True and correct copies of the draft Agreement and QDRO are attached hereto, incorporated herein, and identified as Exhibit 'W'. 5. Since September 30, 2005, Petitioner's counsel has repeatedly contacted Respondent's counsel by telephone, requesting information regarding the status of the Agreement. Also, correspondence has been sent to Respondent's counsel inquiring as to the status. 6. There has been no affirmative response regarding when Respondent may execute both of the documents, however, on the weekend of October 29, 2005, Petitioner spoke to Respondent directly and he advised her that he had no intention of ever signing the Agreement or the QDRO. 7. Petitioner has been required to expend considerable counsel fees in attempting to secure Respondent's signature on the Agreement to which he has agreed. Accordingly, the Petitioner is requesting that the Court direct Respondent to execute the Agreement and to award Petitioner counsel fees. 2 WHEREFORE, Petitioner Janice T. Salisbury, respectfully requests this Honorable Court to direct Respondent, Michael Salisbury, to execute the draft Postnuptial Agreement and TIAA-CREF QDRO within ten (10) days of the date of an Order directing him to do so, that he reimburse Petitioner her counsel fees incurred in bringing this matter before the Court. Dated: A?/l ?pvr Respectfully submitted, adel, Esquire Attorney I.D. #44837 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 3 VERIFICATION The undersigned, Susan M. Kadel, Esquire, of the law firm of James, Smith, Dietterick & Connelly, LLP, Hershey, Pennsylvania, hereby certifies that the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees has been prepared by me by knowledge and information acquired during the course of my representation of Petitioner, Janice T. Salisbury; that I execute this verification as a signature of said Petitioner cannot be obtained in the time permitted for the filing of this pleading; and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: 141 lo*- '/? au Susa . Kadel, Esquire JANICE T. SALISBURY, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 97-4900 CIVIL MICHAEL S. SALISBURY, CIVIL ACTION -LAW Defendant/Respondent IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Petitioner, Janice T. Salisbury, hereby certify that I have served a copy of the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees on the following on the date and in the manner indicated below: VIA U.S MAIL, FIRST CLASS, PRE-PAID Gary L. Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 'j fal By: . ade ,Esquire Attorney I.D. #44837 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 EXHIBIT "A" DRAFT JANICE T. SALISBURY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL S. SALISBURY, Defendant No. 97-4900 CIVIL CIVIL ACTION -LAW IN DIVORCE STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER (ODROI The parties, Janice T. Salisbury, Plaintiff, and Michael S. Salisbury, Defendant, do hereby stipulate as follows: The parties hereto were husband and wife and seek this Order in conjunction with a dissolution of their marriage and a Postnuptial Agreement dated , 2005 in the action pending in this Court at the above-captioned tern and number. 2. Michael S. Salisbury, Social Security # 191-40-8911, hereinafter referred to as "Participant", is employed by Harrisburg Area Community College and is a participant in the Teachers Insurance Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF" and has the following annuities: TIAA Retirement Annuity (RA) Contract No. B091525-4 CREF SRA No. J439145-2 Michael S. Salisbury's current and last known mailing address is 145 Bosler Avenue, Lemoyne, PA 17043. 3. The Alternate Payee is Janice T. Salisbury whose current and last known mailing address is 420 North Wood Street, Valentine, NE 69201. The Alternate Payee's Social Security Number is 305-64-9217, her date of birth is March 8, 1955, and her daytime phone number is 402-376-3595. 4. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That the TIAA-CREF annuities previously referenced are marital property: B. Upon finalization of this Order and pursuant to the terms of said annuities, the current values as of the valuation date of the Participant's TIAA-CREF annuity accumulations for the Marital Portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities: i. The sum of $113,034.00 to be valued as of September 1, 2005, the date the marital property interest ceased. The funds shall be taken from the following account: TIAA RA No. B081525-4 $113,034.00 Transfer Values The value actually transferred will include and reflect interim investment experience from September 1, 2005 until the transfer is recorded by TIAA-CREF. C. Conditions of division of annuity contracts: All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. ii. All ownership rights in the newly issued annuities will belong to the Alternate Payee. in. The beneficiary designation of the Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TIAA-CREF. The Alternate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of any change of address. iv. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. This Alternate Payee may change the investment allocation once her annuities are issued in accordance with the contributing employer's plan. D. Termination of Alternate Payee's status as beneficiary of record for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant. Termination - as of the date of TIAA-CREF's receipt of the QDRO, all TIAA- CREF benefits otherwise payable to the Alternate Payee as beneficiary are payable to the estate of the Participant. The Participant retains the rights to change the designation: YES X NO E. T1AA Traditional Retirement Annuities (RAs) do not allow single-sum withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities, the Alternate Payee's right to receive single-sum withdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. F. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within 30 days of the request for same. This Order: A. does not require any plan to provide any type of form of benefits, or any options not otherwise provided under the plan, and B. does not require TIAA-CREF to provide increased benefits, and C. does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. D. If any portion of this order is rendered invalid, the balance of this order will remain fully enforceable. 6. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Qualified Domestic Relations Order. Dated: CONSENTED TO: Michael S. Salisbury Participant ATTORNEY FOR PARTICIPANT Gary L. Kelley, Esquire BY THE COURT: Janice T. Salisbury, Alternate Payee J. ATTORNEY FOR ALTERNATE PAYEE Susan M. Kadel, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE: JANICE T. SALISBURY, Plaintiff No. 97-4900 Civil V. MICHAEL S. SALISBURY, : CIVIL ACTION - LAW Defendant : IN DIVORCE POSTNUPTIAL AGREEMENT AGREEMENT made this day of between Janice T. Salisbury, hereinafter called "Wife," A N D Michael S. Salisbury, hereinafter called "Husband." WHEREAS, the parties were married on December 29, 1983; and 2005, by and WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and 00095729.1 WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the final settlement of their property rights and other rights and obligations growing out of their marriage relationship. IT IS THEREFORE AGREED: CONSIDERATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. 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 may from time to time choose or deem fit. NO INTERFERENCE - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. DIVISION OF PERSONAL PROPERTY - The parties have heretofore divided their personal property to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried. SUPPORT AND ALIMONY - Husband and Wife do hereby waive, release, discharge and give up any rights which either may have against the other to receive spousal support, alimony pendente lite, alimony or other pre- or post-divorce 00095729.1 _2_ maintenance or support. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. 6. COUNSEL FEES - A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. WAIVER OF PENSION BENEFITS - Husband and Wife agree that each shall execute any documents necessary to release and waive forever any right, title or interest each party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any other plan or account for retirement or deferred income). Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-fact for the purpose of consenting to any election under any plan under Section 417 of the Internal Revenue Code or Section 205 of the Employee Income Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property; with the exception that, with regard to Husband's TIAA-CREF pension, the parties agree that the sum of $113,034.00 shall be transferred to 00095729.1 -3- Wife through a Qualified Domestic Relations Order (QDRO). Any expense incident to the preparation of the QDRO shall be bome by Wife. Husband agrees to cooperate to the extent necessary to submit the QDRO to TIAA-CREF for finalization within thirty (30) days of the date of execution of this Agreement. To the extent Husband does not so cooperate, earnings and interest on the lump sum will begin to accrue upon the expiration of the thirty (30) days. Husband shall retain the balance of his TIAA-CREF without any claim thereto by Wife. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 9. HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 10. WAIVER AND RELEASE OF ESTATE RIGHTS - Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the 0009M9. 1 -4- parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth or territory of the United States, or any other country. The parties each waive, release and disclaim any and all right to receive the benefits of any property passing outside of the other's Will (including, without limitation, life insurance proceeds, and retirement, pension and profit sharing plan benefits), except as otherwise set forth in this Agreement. The parties further waive, release and disclaim any and all right to receive any legacy, bequest or residuary portion of the estate of the other under his or her Will or to act as personal representative of the estate of the other, unless such a legacy, bequest or residuary portion has been specifically made to the other and a specific acknowledgement as to the existence of this Agreement is made therein. 11. EQUITABLE DIVISION OF PROPERTY - By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale of exchange of assets. 00095729.1 -5- 12. FINANCIAL DISCLOSURE - This Agreement is made upon the assurance that each party has made a full, complete and total disclosure to the other of his or her income and the nature, extent and value of all of the spouses' respective assets and obligations, for the purpose of inducing the other party to enter into this Agreement, and therefore, to the extent that a parry has failed to make such full and complete disclosure, then the releases and waivers contained in this Agreement shall be null and void as to any income, property or asset of the other which he or she has not disclosed; and any such property is unaffected by this Postnuptial Agreement. In the event that by reason of such nondisclosure by one party, the other party incurs additional counsel fees or incurs or expends suit money or costs in order to protect or assert his or her rights or claims, the nondisclosing party shall be obligated to and shall forthwith pay to the other party all such reasonable attorney's fees, court costs, and suit money, and further, that party shall hold harmless and indemnify the other from all financial detriment thereby incurred by that party. 13. TAX ADVICE - The parties acknowledge that they have been separately advised by their respective attorneys that there may be certain tax consequences pertaining to this Agreement, that neither attorney has furnished tax advice with respect to this Agreement, that each party has been directed and advised to obtain independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement and that they have had the opportunity to do so. 00095729.1 _?_ 14. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release, and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties have, or ever had against the other. 15. BREACH - If either party breaches any provision hereof, then the non- breaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies for relief as may be available to him or her, and the defaulting party shall be responsible for payment of all legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in a Court of Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the ground of lack of jurisdiction of said court or on the ground of an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by their agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of courts in equity over Agreements such as this one. The parties hereto agree that the provisions of this Agreement, including support, visitation or otherwise, may be entered 00095729 1 and enforced by an appropriate court order at the action of the entitled party and against the obligated party, as the case may be, in the instance in question, when any problem arises. 16. WAIVER OF PENNSYLVANIA DIVORCE CODE RIGHTS - All property set apart herein either now or in the future as the separate property of either Husband or Wife and all property now owned by or titled to Husband or Wife individually and all property acquired by Husband or Wife individually at any time after the execution of this Agreement shall remain the separate property of Husband or Wife and shall under no circumstances be considered as or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania Divorce Code, and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. This Agreement shall be deemed to be and construed to be a full and final property settlement and each agrees that he or she has no further claims against the other for equitable distribution of the property, alimony or any other property claim permitted by the Pennsylvania Divorce Code now or in the future enacted. 17. 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 which may be reasonably required to give full force and effect to the provisions of this Agreement- 00095729.1 -1?- 18. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE - This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 19. VOLUNTARY EXECUTION - The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by his or by her counsel. Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by counsel, Susan M. Kadel, Esquire, and that Husband has been independently represented by Gary L. Kelley, Esquire. Each party hereby confirms that he or she fully understands the terms, conditions and provisions hereof and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the 00095729.1 -9- Agreement freely and volrmtarily, having either obligations or, if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 20. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 21. MODIFICATION AND WAIVER - A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. SITUS - This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 21 PARTIAL INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 24. BINDING EFFECT - Except as otherwise stated within, all the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors, and administrators of the parties. (M95729-1 -10- 25. INTENT OF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement. 26. INCORPORATION - It is the intent of the parties that this Agreement be incorporated but not merged into any final decree of divorce which might be entered in the future. IN WITNESS WHEREOF, the parties have signed, sealed and acknowledged this instrument the day and year first above written. WITNESSES: Susan M. Kadel, Esquire Janice T. Salisbury Counsel for Janice T. Salisbury Gary L. Kelley, Esquire Michael S. Salisbury Counsel for Michael S. Salisbury EAL) 00095729.1 - 1 1 - COMMONWEALTH OF PENNSYLVANIA COUNTY OF :ss. On this day of 2005, before me, a Notary Public, the undersigned officer, personally appeared Janice T. Salisbury, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SEAL) Notary Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF :ss. On this day of 2005, before me, a Notary Public, the undersigned officer, personally appeared Michael S. Salisbury, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SEAL) Notary Public My Commission Expires: 000957291 -12- c? - ail - ?. N i C,'t ? K RECEIVED tl\ NOV n ? 2005 JANICE T. SALISBURY, IN THE COURT OF COMMON PL Plaintiff/Petitioner CUMBERLAND COUNTY, PENN V. : No. 97-4900 CIVIL MICHAEL S. SALISBURY, : CIVIL ACTION -LAW Defendant/Respondent : IN DIVORCE RULE TO SHOW CAUSE AND NOW, this U_4 day of dt t) , 2005, upon consideration of the foregoing Petition for Enforcement of Marital Settlement Agreement and Counsel Fees, a Rule is hereby entered against the Respondent/Defendant, Michael S. Salisbury, to show cause why said Petition should not be granted. o'1CL??o Rule returnable at a hearing scheduled for 2005; at a. In n the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. By the Court. 1 -01 ?- ?:_ ?'° ,- <.? ,_ t„ ?4_? Ch C )t i i 1 j X115 ?-. n ?_ ? iL O ? ? c-> - 4+ ? ,,, JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, hereby elects to retake and hereafter use her former name of Janice Tethemw and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S.A. § 704(a). DATED: 14-406-01406-- Sworn to and subscribed this day r 2005. Janice*Salisbury ?j/(7Z- 67 TO BE KNOWN AS Janice Tetherow jK-tsAye, Cls (??\ VJ C cj+ ?-A 4., r C i Susan M. Kadel, Esquire Attorney I.D. No. 44837 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW PETITION FOR ENFORCEMENT OF MARITAL SETTLEMENT AGREEMENT AND COUNSEL FEES TO THE PROTHONOTARY: Please withdraw the Petition for Enforcement of Marital Settlement Agreement and Counsel Fees filed by Plaintiff in the above-captioned divorce action. Dated: 7 U<? Respectfully submitted, Susan M. Kadel, Esquire Attorney I.D. #44837 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Plaintiff, Janice T. Salisbury, hereby certify that I have served a copy of the foregoing Praecipe to Withdraw Plaintiff's Petition for Enforcement of Marital Settlement Agreement and Counsel Fees on the following on the date and in the manner indicated below: VIA U.S MAIL, FIRST CLASS, PRE-PAID Gary L. Kelley, Esquire 1119 North Front Street Harrisburg, PA 17102 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: -< 7/ By: // '--Sns . Kadel, Esquire Attorney I.D. #44837 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 ._> ,. , ` -? -; -{ _ ?.; _:„ „_: ?? T? ., ' , ?:: JANICE T. SALISBURY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 97 - 4900 CIVIL MICHAEL S. SALISBURY, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of 6Z 2006, the economic claims raised in the proceedings having been resolved in accordance with a postnuptial agreement dated December 6, 2006, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE C Baylex P. J. cc: Susan M. Kadel Attorney for Plaintiff Gary L. Kelley "t'Ft d Attorney for Defendant ^' r?:, ?-- 5 O-• ?; .- '. l.' ?;t L t ?' .-?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE: JANICE T. SALISBURY, Plaintiff No. 97-4900 Civil V. MICHAEL S. SALISBURY, CIVIL ACTION - LAW Defendant IN DIVORCE POSTNUPTIAL AGREEMENT AGREEMENT made this ? day of 2005, by and between Janice T. Salisbury, hereinafter called "Wife," A N D Michael S. Salisbury, hereinafter called "Husband." WHEREAS, the parties were married on December 29,1983; and WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and 00095729.1 WHEREAS, the parties desire to confirm their separation and make arrangements in connection therewith, including the final settlement of their property rights and other rights and obligations growing out of their marriage relationship. IT IS THEREFORE AGREED: CONSIDERATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 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 may from time to time choose or deem fit. 3. NO INTERFERENCE - Each party shall be free from interference, authority and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. 4. DIVISION OF PERSONAL PROPERTY - The parties have heretofore divided their personal property to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried. SUPPORT AND ALIMONY - Husband and Wife do hereby waive, release, discharge and give up any rights which either may have against the other to receive spousal support, alimony pendente lite, alimony or other pre- or post-divorce 00095729.1 -2- maintenance or support. From the execution date of this Agreement, it shall be the sole responsibility of each party to sustain himself or herself without seeking any support from the other. COUNSEL FEES - A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. WAIVER OF PENSION BENEFITS - Husband and Wife agree that each shall execute any documents necessary to release and waive forever any right, title or interest each parry may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any other plan or account for retirement or deferred income). Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-fact for the purpose of consenting to any election under any plan under Section 417 of the Internal Revenue Code or Section 205 of the Employee Income Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property; with the exception that, with regard to Husband's TIAA-CREF pension, the parties agree that the sum of $113,034.00 shall he transferred to 00095729.1 -3- Wife through a Qualified Domestic Relations Order (QDRO). Any expense incident to the preparation of the QDRO shall be borne by Wife. Husband agrees to cooperate to the extent necessary to submit the QDRO to TIAA-CREF for finalization within thirty (30) days of the date of execution of this Agreement. To the extent Husband does not so cooperate, earnings and interest on the lump sum will begin to accrue upon the expiration of the thirty (30) days. Husband shall retain the balance of his TIAA-CREF without any claim thereto by Wife. 8. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. 9. HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 10. WAIVER AND RELEASE OF ESTATE RIGHTS - Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the 00095729.1 -4- parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's Will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth or territory of the United States, or any other country. The parties each waive, release and disclaim any and all right to receive the benefits of any property passing outside of the other's Will (including, without limitation, life insurance proceeds, and retirement, pension and profit sharing plan benefits), except as otherwise set forth in this Agreement. The parties further waive, release and disclaim any and all right to receive any legacy, bequest or residuary portion of the estate of the other under his or her Will or to act as personal representative of the estate of the other, unless such a legacy, bequest or residuary portion has been specifically made to the other and a specific acknowledgement as to the existence of this Agreement is made therein. 11. EQUITABLE DIVISION OF PROPERTY - By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 00095729A -5- 12. FINANCIAL DISCLOSURE - This Agreement is made upon the assurance that each party has made a full, complete and total disclosure to the other of his or her income and the nature, extent and value of all of the spouses' respective assets and obligations, for the purpose of inducing the other party to enter into this Agreement, and therefore, to the extent that a party has failed to make such full and complete disclosure, then the releases and waivers contained in this Agreement shall be null and void as to any income, property or asset of the other which he or she has not disclosed; and any such property is unaffected by this Postnuptial Agreement. In the event that by reason of such nondisclosure by one party, the other party incurs additional counsel fees or incurs or expends suit money or costs in order to protect or assert his or her rights or claims, the nondisclosing party shall be obligated to and shall forthwith pay to the other party all such reasonable attorney's fees, court costs, and suit money, and further, that party shall hold harmless and indemnify the other from all financial detriment thereby incurred by that party. 13. TAX ADVICE - The parties acknowledge that they have been separately advised by their respective attorneys that there may be certain tax consequences pertaining to this Agreement, that neither attorney has furnished tax advice with respect to this Agreement, that each party has been directed and advised to obtain independent tax advice from qualified tax accountants or tax counsel prior to signing this Agreement and that they have had the opportunity to do so. 00095729,1 -6- 14. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release, and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties have, or ever had against the other. 15. BREACH - If either party breaches any provision hereof, then the non- breaching party shall have the right, at his or her election, to sue for damages for said breach, or seek such other remedies for relief as may be available to him or her, and the defaulting party shall be responsible for payment of all legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. It is expressly understood and agreed by and between the parties hereto that this Agreement may be specifically enforced by either Husband or Wife in a Court of Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the ground of lack of jurisdiction of said court or on the ground of an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by their agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of courts in equity over Agreements such as this one. The parties hereto agree that the provisions of this Agreement, including support, visitation or otherwise, may be entered 00095729.1 -7- and enforced by an appropriate court order at the action of the entitled parry and against the obligated party, as the case may be, in the instance in question, when any problem arises. 16. WAIVER OF PENNSYLVANIA DIVORCE CODE RIGHTS - All property set apart herein either now or in the future as the separate property of either Husband or Wife and all property now owned by or titled to Husband or Wife individually and all property acquired by Husband or Wife individually at any time after the execution of this Agreement shall remain the separate property of Husband or Wife and shall under no circumstances be considered as or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania Divorce Code, and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. This Agreement shall be deemed to be and construed to be a full and final property settlement and each agrees that he or she has no further claims against the other for equitable distribution of the property, alimony or any other property claim permitted by the Pennsylvania Divorce Code now or in the future enacted. 17. 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 which may be reasonably required to give full force and effect to the provisions of this Agreement. 00095729.1 -8- 18. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE - This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 19. VOLUNTARY EXECUTION - The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by his or by her counsel. Wife and Husband declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Wife has been independently represented by counsel, Susan M. Kadel, Esquire, and that Husband has been independently represented by Gary L. Kelley, Esquire. Each party hereby confirms that he or she fully understands the terms, conditions and provisions hereof and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the 00095729.1 -9- ,r A, JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this ? )g?day of February, 2006, upon consideration of the attached Praecipe to Withdraw Plaintiffs Petition for Enforcement of Marital Settlement Agreement and Counsel Fees, it is hereby ORDERED and DECREED that the hearing scheduled for March 2, 2006 at 1:30 p.m. is canceled. Distribution: Susan M. Kadel, Esquire .n Gary L. Kelley, Esquire e- i ^I S `t ? .?I :UUi. ,. ,_ ..._ i. _? t JANICE T. SALISBURY, Plaintiff V. MICHAEL S. SALISBURY, Defendant .,3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 97-4900 CIVIL CIVIL ACTION -LAW IN DIVORCE STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER (QDRO) The parties, Janice T. Salisbury, Plaintiff, and Michael S. Salisbury, Defendant, do hereby stipulate as follows: The parties hereto were husband and wife and seek this Order in conjunction with a dissolution of their marriage and a Postnuptial Agreement dated December 6, 2005 in the action pending in this Court at the above-captioned term and number. 2. Michael S. Salisbury, Social Security # 191-40-8911, hereinafter referred to as "Participant", is employed by Harrisburg Area Community College and is a participant in the Teachers Insurance Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF" and has the following annuities: TIAA Retirement Annuity (RA) Contract No. B081525-4 CREF SRA No. J439145-2 Michael S. Salisbury's current and last known mailing address is 145 Bosler Avenue, Lemoyne, PA 17043. 3. The Alternate Payee is Janice T. Salisbury whose current and last known mailing address is 420 North Wood Street, Valentine, NE 69201. The Alternate Payee's Social Security Number is 305-64-9217, her date of birth is March 8, 1955, and her daytime phone number is y 402-376-3595. I 4. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That the TIAA-CREF annuities previously referenced are marital property: B. Upon finalization of this Order and pursuant to the terms of said annuities, the current values as of the valuation date of the Participant's TIAA-CREF annuity accumulations for the Marital Portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities: The sum of $113,034.00 to be valued as of September 1, 2005, the date the marital property interest ceased. The funds shall be taken from the following account: TIAA RA No. B081525-4 $113,034.00 Transfer Values The value actually transferred will include and reflect interim investment experience from September 1, 2005 until the transfer is recorded by TIAA-CREF. C. Conditions of division of annuity contracts: i. All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. ii. All ownership rights in the newly issued annuities will belong to the Alternate Payee. iii. The beneficiary designation of the Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TIAA-CREF. The Alternate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of any change of address. iv. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. This Alternate Payee may change the investment allocation once her annuities are issued in accordance with the contributing employer's plan. D. Termination of Alternate Payee's status as beneficiary of record for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant. Termination - as of the date of TIAA-CREF's receipt of the QDRO, all TIAA- CREF benefits otherwise payable to the Alternate Payee as beneficiary are payable to the estate of the Participant. The Participant retains the rights to change the designation: YES X NO - E. TIAA Traditional Retirement Annuities (RAs) do not allow single-sum withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities, the Alternate Payee's right to receive single-sum withdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. F. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within 30 days of the request for same. 5. This Order: A. does not require any plan to provide any type of form of benefits, or any options not otherwise provided under the plan, and B. does not require TIAA-CREF to provide increased benefits, and C. does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. D. If any portion of this order is rendered invalid, the balance of this order will remain fully enforceable. 6. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Qualified Domestic Relations Order. BY THE COURT: Dated: CONSENTED TO: J. AV f. ZVS 2006 r Janice T. Salisbury, Alternate Payde" ATTORNEY FOR PARTICIPANT J1 Ga L. elley, Es ire 010 ATTORNEY FOR ALTERNATE PAYEE 4eo Kadel, Esquire 0 Curtis R. Long Prothonotary Office of the protbonotarp Cumberianb Couutp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 97 - gQ6n CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573