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Home My WebLink About97-05578 () ~- l? ( I I I \ I , ":'\ 0. " \c) '<) , / . { ~i C.r-i ~ " ,~.;. '~~'. ::~ ',. III i~ I~ I i~ I' 11iI !~ ~ ~ ~ .. " *.~.~*,~.~..~.~.~.~..~.~..~.:~,.:~.-~..~.~..~.~~~.~..*..~,~.~ . .-.~----~.-~.~-"--' ~~--- ~i , I ~\ . ( ~:' ~I .'. ~ .,~ ~I ~I ~, ':'1 ,~ I "I ~l ~ ,.'} ~l .. ~. ~ ~ ':, ~ ~ 8 $ ~I .. .. ~ ,'. .. " ~ ~ ~ .. " ..:. " ..:. :, ~ or' ~ ,;, " ~ M " ~ ~. IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND ~. STATE OF ~~ LORI L, BAILEY PLAINTIFF VI'I'''HI:.; WILLIAM L. BAILEY DEFENDANT PENNA. i\ Il, 91 - 5518 DECREE IN DIVORCE AND NOW, ' , , , , , ,\f.'~n,~, .( ~, , ' , , , ' , ' " 19 .'i.f. " it is ordered and decreed that ,.., LORI. L:, BAILEY, ' , , , ' . , , , , , ' , , , ' , , , , , , . . ... . '" plcintiff, and, , , , . " , , , " , ,,,!I,~qAl1,L., ,B~I~~X , ' " , ' , ' , , , , ' , , , ' , .. .... ", defendant, ore divorced from the bonds of matrimony, The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; . , "Nq ,Gi,AV.I~ ,pE~IWjG, ' , , , . ~ ~ ~ ~! ~'-;'" '-;.. ',-,-:" '.'. ;; .11'~' .z. .~. ':;iIo." '=".' .~~. ..... ..... .... ,. .... ,. ,..... .......... ..... ........ ...... .... ........ .... ......... ...... By Th~rlJ_1 >t / Atle~' ~' ~C?u~ J. ~..Y":"K K,~. -9T - (/- - Prothonotary ,;, " ~ ~ ~ ~ ~ 1iI I~ ~ , ~ I~ 1$ .' 8 ~ ~ ~ ~ .. " ~ I~ I~ I.', i$ '"' <' ~ !1iI t.', ~~ .~ I. :'~ " ('" It. I ~ .:.:. .:.:. .:.:. .:to:. .~..~.~.~~..*.~..~..~..~..~..*..~.~..~.~.~.~. ~.A'W V. t'?)' ~~ -t # 4 ~'/J'f'f ~ ~~~ ;tJ-4~ . . ... LORI L. BAILEY. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA .. ' v NO. 97 . 5578 . CIVIL WILLIAM L. BAILEY, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record. together with the following infonnation. to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section (X)330\(c) (}3301(d)(l) of the Divorce Code. 2. Date and manner of service of the Complaint: October 20. 1997. First Class Certified Mail. Return Receipt Requested. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 330 \(c) ofthe Divorce Code: By Plaintiff: March 26. 1998; Defendant: April 6. 1998, (b) (I) Date of execution of the Plaintil1's affidavit required by Section 3301(d) of the Divorce Codc:_; (2) Date of service of the Plaintifrs artidavit upon the Defendant:_. 4. Related claims pending: None. ~ . (1 ,n n f~ UJ ." ~~ ., 'THo; .: ~!1 [i)l: ' j I r.o- ~~' '''f:;] (Jl " ~)f~ r~.... ' 1.'1 ,~ ::.. :j~J J;,- I ::1; ~'':'' (::! C?) 'i,n. ;'c !.:-, ~ t;.I1 "- ~ -- ~ -~. -- vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 5578 CIVIL LORI L. BAILEY, Plaintiff WILLIAM L. BAILEY, Defendant IN DIVORCE AND NOW, ORDER OF~ this 1- '], day of 1998, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated April 3, 1998, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, co: Hubert X. Gilroy Attorney for Plaintiff ' ' / I ~ - C~... rn-......Ll 'I :oj tj /I' ,.M er, P.J. i' Dale F. Shughart, Jr. Attorney for Defendant . '. I. " . MARITAL SETTLEMF:N'l' AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this 51h..I. day of AfP' .' t , 1998, by and between WILLIAM L. BAILEY, hereinafter called "Husband" and LORI L. BAILEY, hereinafter called .Wife". WITNESSETH: WHEREAS, the parties hereto are Husband and Wife who were married on September 4, 1992 and have been separated since September, 1997, and Wife has instituted divorce proceedings in the Court of Common Pleas of Cumberland County, Pennsylvania to No, 97-5578; and WHEREAS, an Order of Court dated November 26, 1997 in the above referenced divorce proceedings, PACSES Case No. 864100005, DR No. 27,044 established alimony pendente lite payable to the wife in the sum of $142.00 per week, which Order was appealed by . the Husband and scheduled for a hearing on March 30, 1998, which hearing has been cancelled upon the parties' agreement to the terms hereinafter set forth; and WHEREAS, the parties desiLe to settle fully and finally their respective financial and property rights and obligations as between them, including without limitation by specification; settling all matters between them related to the ownership and equitable distribution of real and personal property and related economic claims including but not limited to spousal support, alimony and alimony pendente lite; and in general the'settling of " , any and all claims or possible claims of one against the other or against their respective estates I and WHEREAS, the Husband and Wife are both represented by legal counsel who has advised them of their respective rights, privileges, duties and obligations relative to his and her property rights and interests arising from their marital relationshipl and WHEREAS, each party is fully familiar with the marital property and with their respective rights and obligations under the Divorce Code, and both parties now desire to settle and determine his and her property rights and claims under the Divorce Code, including all claims regarding divorce, equitable distribution of marital property, alimony, spousal support, and related economic claims. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do agree as follows: 1. Contemporaneously with the execution of this Agreement, both parties shall sign and deliver to the Wife's attorney the required Consents and Waivers of Not~ce and any other docurr.ents necessary to enable a Divorce Decree pursuant to ~330l(c) of the Divorce Code. The Husband shall be provided a certified copy of the Decree upon his payment to the Wife's attorney of the sum of Nine ($9.00) Dollars. Neither party shall do anything to delay or deny the entry of such a Decree, or fail to do anything required to obtain the Decree in breach of this Agreement, or the -2- . other party may, at his or her option, declare this Agreement null and void. 2. Pending the entry of a Divorce Decree, the parties shall live separate and apart from each other at such places as he and she may chose. Each party shall respect and act consistent with the other party's right to maintain a separate existence as though he and she were unmarried, 3. This Agreement and all warranties and representations contained herein shall survive the Divorce Decree and shall continue to be enforceable in accordance with its terms. In the event of a reconciliation, attempted reconciliation or other cohabitation of the parties hereto after the date of this Agreement, this Agreement shall remain in full force and effect in the absence of a written Agreement signed by the parties expressly stating that this Agreement has been revoked or modified. No Court may change the terms of this Agreement, and it shall be binding and conclusive upon the parties. 4. Except as hereinafter otherwise provided, the parties hereto have divided between them, to/their satisfaction, all items of tangible marital personal property, including household furnishings and other similar property. The Husband shall promptly transfer title to the 1996 Chrysler Sebring JX automobile to the Wife. The Wife shall pay the cost of transfer. In addition, the Husband shall promptly deliver to the Wife the Shadow Boxes, her grandmother's chest, and her grandmother's old -3- 'r mixer. The Wife shall promptly deliver to the Husband his mother's diamond and pearl ring. should it become necessary, the parties each agree to sign, upon request, any further titles or documents necessary to give effect to this paragraph. s. The parties have divided between them to their mutual satisfaction all intangible personal property consisting of cash, bank accounts, annuities, securities, insurance policies, pension and retirement rights, whether vested or contingent, and all other such types of property. The parties hereby agree that all such intangible property presently in the possession of or titled in the name of the Husband and shall be his sole and separate property and that in the possession of or titled in the name of the Wife shall be her sole and separate property, Each party hereby expressly waives any right to claim ownership of or any beneficial interest in any such ac~cunts or life insurance policies of the other, vested or contingent, each party to retain full ownership of such rights as his and her Bole and separate property. 6, At the time of execution of~this Agreement, the Husband shall pay to the Wife the sum of Ten Thousand ($10,000.00) Dollars. 7, The Wife hereby expressly waives any right to claim any marital interest of the Husband's business, Bailey's Diamond Center, in which he is a forty (40\) percent partner with Ronald Leitzel, who owns the other sixty (60\) percent. -4- 8. The parties are the owners, as tenants by the entireties, of the premises known as 1 Wiltshire West, South Middleton Township, Carlisle, Cumberland County, Pennsylvania, of which the Husband has been in exclusive possession since the separation of the parties, Husband and Wife shall execut~ and acknowledge a deed of conveyance from the Husband and Wife to the Husband in form attached hereto, marked Exhibit lOA" and incorporated herein by reference thereto. The Husband shall, as set forth in said deed, assume sole liability for all obligations due and owing under the parties' Note and Mortgage to Financial Trust Company and all other obligations in regard to the property, the Wife to have no financial obligation or responsibility whatsoever in regard to the marital residence, The Husband shall use his reasonable best efforts to secure the Wife's release from the provisions of the parties' Note to Financial Trust Company, The deed shall be executed, acknowledged and delivered from the Husband and Wife to the Husband contemporaneously with the execution of this Agreement. 9, The Wife shall assume sole ~esponsibility for and be solely responsible for payment and shall make payment of all obligations owed to Chrysler Corporation, its successors and assigns, on the car loan for the Chrysler Sebring. The'Husband shall be solely responsible for and shall make payment of the other obligations of the parties incurred during the marriage, and prior to the separation of the parties, including any -5- interest, finance and ~ate charges which may have accrued thereafter, those obligations being: Financial Trust Company Line of Credit; Pennsylvania National Bank personal loan; WACHOVIA Visa Credit card; NationsBank of Delaware Visa Credit card; First USA Bank Credit card; Financial Trust Company personal loan; unsecured personal loan owed by the Husband to his father, Robert Bailey, and any and all loans and other obligations incurred by the Husband in the payment of marital obligations since the date of separation. Both parties agree that all credit cards and other charge accounts upon which both parties are liable have been closed. The Wife warrants and represents that she has not added any new charges since the date of separation, In the event that either party becomes a debtor in bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by the party for the benefit of the other party pursuant to the provisions of this ~ L ~ Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor spouse, and the debtor spouse hereby assigns, transfers and conveys to the creditor spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor spouse as set forth herein, including all attorney's -6- , fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable, Failure of any party to meet his or her obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of conditions precedent, shall not in any way void or alter the remaining obligations of either of the parties, lO. The parties have heretofore filed joint federal, state and local income tax returns, In the event that any deficiency is claimed due by any taxing authority, or any additional assessment is imposed upon either party for matters relating to his or her sole income or deductions, the party upon whose income or deductions the deficiency or assessment is made shall be solely responsible for payment in full of all taxes, penalty and interest as finally determined attributable to such party. The party so obligated shall indemnify aQd save and hold harmless the other from any and all liability thereon in accordance with the provisions of Paragraph 13 hereof. In the event any such deficiency or assessment is imposed as a result of a disallowal of deductions which relate to those claimed for both parties, such as household mortgage interest, etc, or upon any joint income of the parties, the Husband shall pay the amount of the -7- . tax, interest and penalty due and owing and shall indemnify and save and hold harmless the Wife from any liability in accordance I . with the provisions of Paragraph 13 hereof, ll. The parties shall file joint income tax returns for I, ~ calendar year 1997. The Husband has already paid to the Wife an amount equal to the taxes withheld from her income, based upon her W-2 statements, during 1997, the receipt of which is hereby acknowledged. The Husband shall be solely responsible for any amount of taxes which shall be due and owing and shall be solely entitled to receive any refunds. The Husband shall indemnify and save and hold harmless the Wife from any and all liability in regard to payment of any income taxes for calendar year 1997 based upon the income of the wife earned during 1997 as reflected on said tax returns, and shall be solely and individually responsible for all taxes imposed during 1997 upon the income of the Husband, in accordance with the provisions of Paragraph 13 hereof. 12. Except as herein otherwise provided, each party warrants and represents that she andlhe have not heretofore incurred or contracted any debt or liability or obligation for which the other may be held responsible or liable, Each party agrees to indemnify and save and hold harmless the other from and against all such debt, liabilities or obligations of every kind which may have heretofore been incurred between them, except the obligations arising out of this Agreement. -8- 13. Both parties covenant, warrant, represent and agree that each will now and at all times hereafter save and keep the other indemnified against all debts, charges, liabilities incurred by the other after the execution of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement and neither of them shall hereafter incur any liability whatsoever for which the Estate of the other may be liable. Each party further agrees to indemnify and save and hold harmless the other from any and all liabilities he or she may incur upon the obligations of or assumed by the other, which indemnification as to all provisions of this Agreement shall include the right to recover out of pocket expenses and reasonable attorney fees actually incurred, l4. The parties agree that the transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause ~o be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfer set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said "Act". 15, Contemporaneously with the execution of this Agreement the Husband shall pay to the Cumberland County Domestic Relations -9- Office the total balance of alimony ~endente lite, due and owing upon the execution of this Agreement, assuming payment is made on or before April B, 1998, that s~m to be One ~~ Fifty-seven and 50/100 ($1,657. 0) Dollars, Thousand Six Hundred based upon the transmission received from the Cumberland County Domestic Relations Office, which shall bring the account current through April B, 1998. Contemporaneously with the Husband's payment to the Cumberland County Domestic Relations Office, the Wife shall terminate the APL Order effective immediately, Should completion of settlement not occur until after April 8, 1998, the APL obligation of the Husband shall continue at the sum of One Hundred Forty-two ($142.00) Dollars per week, plus a 50 cent service fee to Cumberland County Domestic Relations Office, and the Husband shall make such payments in a timely manner until completion of settlement hereunder. 16. Both parties agree that the hereinabove set forth Agreement constitutes an equitable distribution of their marital property and equitable resolution of all other economic claims pursuant to the provisions of the Divorce Code and each party irrevocably waives, releases, and remises any claim to ownership of or interest in any property designated as the property of the other by virtue of the provisions of this Agreement except as may otherwise be provided pursuant to the provisions of this Agreement, -10- 17. Husband does hereby release, remise, quitclaim and forever discharge the wife and the estate of the wite from any and all claims he now has, ever may have or can at anytime have against the wife or her estate of any part thereof, whether arising out of formal contracts, engagements or liabilities of the wife, arising by way of widower's right or under the Intestate Law, arising by any right to take against the wife's Will, arising under the Divorce Code, Act No, 26 of 1980, as ~ . amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to the husband under this Agreement. 18, Wife does hereby release, remise, quitclaim and forever discharge the husband and the estate of the husband from any and all claims she now has, ever may have or can at anytime have against the husband or his estate or any part thereof, whether arising out of formal contracts, engagements or liabilities of the husband, arising by way of the widow's right or under the Intestate Law, arising by any right ~o take against the Husband's Will, arising under the Divorce Code, Act No, 26 of 1980, as amended, including, alimony, alimony pendente lite, counsel fees and expenses, arising as a right to spousal support or arising by any nature whatsoever, excepting only those rights accorded to i the wife under this Agreement. -11- 19. If either party to this Agreement resorts to a law suit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the successful party shall be entitled to recover his or her reasonable counsel fees, actually incurred, from the other as a part of the judgment entered in such legal action, whether in law, in equity, pursuant to the provisions of the Divorce Code or otherwise as the same shall be determined by the Court. 20. The parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and is cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 21. This Agreement constitutes the entire understanding of the parties. There are no covenants, conditions, representations or agreements, written or oral, of ~ny nature whatsoever, other than those herein contained, 22. This Agreement is subject to modification only by a subsequent legal writing signed by both parties. It shall be construed according to the laws of the Commonwealth of Pennsylvania, -12- , , 23, The respective duties, covenants and obligations of each party under this Agreement shall not be dischargeable by bankruptcy, but if any bankruptcy court should discharge a party of accrued obligations to the other, this agreement shall continue in full force and effect thereafter as to any duties, covenants and obligations accruing or to be performed thereafter. All remaining unpaid obligations of each party, for the benefit of the other, whether or not discharged in bankruptcy, shall be deemed renewed and reaffirmed effective immediately upon such discharge. 24, The Husband and Wife acknowledge that each of them has read and understands his and her rights and responsibilities under this Agreement, that he and she have executed this Agreement under no compulsion to do so but as a voluntary act, being apprised of its consequences. 25. This Agreement shall bind and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns, IN WITNESS WHEREOF, the parties:hereto have set their hands and seals the day and year first above written, Witness: ?V~EAL] William L. y r::ft: 110... Lori cf. ~v..J..~[SEALJ L. Bailey -l3- ;, BROUJOS Ii GIL.ROY. po, e, ATlOIINlYe AT LAw .. NOllTH HANDYII" eTIllIlIT CARLISLE. PENNSYLVANIA 17013 17171143.4174 ....,1HO ,. - . . ., -,." I ; ~ '-- :c:;a,,.-- r ._.....~"'~__.. ~_~:7_;.._ !~_ ,. , . } , I i i I \ \ LORI L. BAILEY, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I CIVIL DIVISION - LAW I WILLIAM L. BAILEY, I NO. 97- .'5 ~)<( CIVIL 19* Defendant I I IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case 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 grounds for divorce is indignlties or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. I IF YOU DO NOT FILE A C.~IM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU HAY 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. t i f COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717 - 240-6200 LORI L. BAILEY, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I CIVIL DIVISION - LAW I WILLIAM L. BAILEY, I NO. 97- .'-'{1J' CIVIL 19* Defendant I I IN DIVORCE COMPLAINT Plaintiff, Lori L. Bailey, by her attorneys, Broujos & Gilroy, P.C., sets forth the followingl 1 Plaintiff, Lori L. Bailey, is an adult individual residing at 50 West Willow Street, Carlisle, Cumberland County, Pennsylvania. 2 Defendant, William L. Bailey, is an adult individual residing at 1 Wiltshire West, Carlisle, Cumberland County, Pennsylvania. 3 Both Plaintiff and Defendants have been bona fide residents in the Commonwealth of Pennsylvania for at lease six months immediately previous to the filing of this Divorce Complaint. 4 Plaintiff and Defendant were married on September 4, 1992, at Key West, Florida. 5 There have been no prior action of divorce or for annulment between the parties. 7 The marriage between the parties is irretrievably broken. B Plaintiff has besn advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9 Plaintiff requests the Court to enter a decree divorcing her from the Defendant. 10 Plaintiff does not possess assets at this time to sustain herself during the pendency of the divorce action. II Plaintiff does not have sufficient financial assets to pay legal fees involved in the divorce action. 12 The parties possess various items of real and personal property which coneist of marital property and which is subject to equitable distribution by the Court. WHEREFORE, the Plaintiff requests your Honorable Court as follows: A. To enter a decree divorcing her from the Defendant. B. To award Plaintiff alimony pendente lite. C. To equitably divide the marital assets of the parties. D. To direct Defendant to pay the Plaintiff alimony after the I iJ r divorce decree is entered. ! . ! E. To direct Defendant to pay the Plaintiff's attorney's fees. F. Such other relief as the Court may request. BROUJOS , GILROY, P.C. By ~ Hubert X. G lroy, Esqu r Attorney for Plaintiff 4 North Hanover Street Carlisle, PA l70l3 717 - 243-4574 ~~ r", ~ v, tv " Lv JV q" L 1\ ~ '^ "- V\ ,\ Y ...1 ~ ~ ,~, ,," C;S~ (fI. \ ~\~ , " ,~~ ~A ~ \ n c- .." ~;;. ~ i.-'i-~ n r, I, . ~ ;-'") !""_ T, --I :", , I . t I.' n~ "1 : ~} i,;,oq {"4 J"'" . ;r;J .~1 j(J : "'1 \..:... ~...l . .,) C1ln I ',) ~; "I ~ tv 24 LORI L. BAILEY, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v : CIVIL DIVISION - LAW : WILLIAM L. BAILEY, : NO. 97-5578 Defendant : : IN DIVORCE AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE m:CREE UNIlII:R SECTION 3301 (C) OF THE DIVORCE COm: 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on October 9, 1997. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand tlJat 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counselling. I do not request that the Court requirD counselling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: sJ~~Jqg , . fit L\ ri~('~" Lor L. 13ai ey/Plaint ff ~ () "... " ('. ;..0 II "'":',. , -rlZ" ., :'~ :~:; J "1 . .\;. , _.J . ~ ,. .'t") , " , , ---I . ~;; " ) ., , . j' 11 I.-~ ..:.~ -, , , '.n ~;'~ '~ ,p .... vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN DIVORCE I NO. '17 !;S::lB ('('1- 557,1' DR 27,044 PACSES 864100005 LORI L. BAILEY, plaintiff WILLIAM L. BAILEY Defendant APPIDAVIT OP CONSENT AND WAIVER OP MARRIAGE COUNSELLING 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 4, 1997, 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5, I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court, 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. 54904 relating to unsworn falsification to authorities. DATE: April" , 1998 ~~ Sworn to and subscribed before me this t,~h day of April, 1998, &~xy "OlARIAl SEAL BCH"IE L ..om, UOlAr:" 1>\19\.IC IIIlRO l'~ WHO., v ;.PRl~:', CU~P.ER~A~~. I~'i r;~~Mi;;~:UI. vyl1~~ ocrOiJER 1 . .. (") 'C) ('I c: U) -n ;~ . ".. ...... ." L: '11 'n r:~) Ci' ;U ij ~,. I '1'--'" ;~.. '.. ...., (d <1' ~ 'f "".' ;..(1 -' , - -" , ::.: -It ._':~ I !;. ) , r.-! -:',"\ .' , ( , ~! ~) ~:J :11 . - {~ ...... (J \.D n ~ c>> -il .' -;=- , ~'[li '-::I .-~~ :-n 0) f} ~ ,*'J \ r ~ ::-:(' I . :'1..' " t ,{l,- ci' .J() ':~: \'-' . .'0 l--I I.; :ij ..,:(:' ,-' :c.-:'i -:: ., ~ , , r';} i.jrn . '" ,,\ 3. ~ ~~l ," .... i 'COfr4lloI'~l_orllot-- 'I . CampMilI IlImI 3. ... and .b. I .Prtnl yaw MInI tnd ~ on \hI,.wrM 0111_ b'm 10 thai.. can r....n IN. 0IId 10 "'", ..AhCh 1hII tonn 10 IhI frotlI oIlhI m111p6ece, Of on the .." iplCl dolt not I .t::!Rttum RIf>>/pI__trdt on 1M rndpIKlI t*ow'" ,rUde runbtI. ti _ThI R'hm Receipt" thew '0 \IlflOm the ~.".. delvered tnd 1hI dll' Ii _OIl, 13' MIele Add"lIed to: . 11180 willi to recelvllhl IoIlowIng ..Nlcee (for en .x1nl 'N): 1, [J Add"....'. Addr... 2, [J R.ltrtct8d DeUv.ry eonlult poolm8at.r 'ot ,", 48, ArUde Numb.r Z 221 292 374 William L. Bailey One Wiltshire West Carlisle, PA 17013 ~fl8d i II j! ",! f III -, Ii i: 5, Received By: (Print Name) I .I , I / EXHIBIT t-A 0 >J.' (") ~ l;JJ '" ~i.c.j ~.:.::J J rill' :\: 'i;!J .., -. -, /1 ":j (. : .. (.JI " r'~t. ~ ~~) )'.: f~ :.~~ " - -n ."':( ') :.!C '!? ,111 r~. ~":'. ;.~ -:Jl :Q :.;;! C) ~- LORI L. BAILEY. PIa 1n tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VB. WILLIAM L. BAILEY, Defendant NO. 97-5578 CIVIL 19 IN DIVORCE STATUS SHEET ACTIVITIES: r ~ '* OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Slreel Carlisle, PA 17013 (717) 240'6535 IE. Robert II!lIcker, II Divorce Mas"r Trael "0 Coly.r Of'ice Manager/Reporter w.., Shore 697-0371 Ex', 6535 March 3, 1998 Dale F. shughart, Jr., Esquire 35 East High Street Carlisle, PA 17013 Hubert X. Gilroy, EBquire BROUJOS , GILROY, P.C. 4 North Hanover street Carlisle, PA 17013 RE: Lori L. Bailey VB. William L. Bailey No. 97 - 557B civil In Divorce Dear Mr. Gilroy and Mr. shughart: By order of Court of President Judge George E. Hoffer dated February 26, 1998, the full-time Master haB been appointed in the above referenced divorce proceedings. A divorce complaint was filed on October 9, 1997, raising grounds for divorce of irretrievable breakdown of the marriage and the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel feeB and costs. I am unable to tell from the pleadings whether or not the partieB will sign affidavitB of consent so that the divorce can be concluded under Section 330l(C) of the Domestic Relations Code or have been separated for a period 1n excess of two years. I am going to proceed, however, on the assumption that grounds for divorce are not an iBsue. Based on that assumption, I am directing each counsel to each file a pre-trial statement in accordance with P.R.C.P. 1920.33(b) on or Lefore Monday, March 30, 1998. Upon receipt of the pre-trial statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if neceBBary, Bchedule a hearing. Very truly yourB, E. Robert EliCker, II Divorce Master [)I THE COURT OF COMMON ?LZ.\S OF Ct.;.QlERLI.ND comiTY. ?E:r.IS'l1.VANIA LORI L. oA[LEY ClVll. IlIV[~IO~; - LA\: ~O. 97-5578 CIVIL IN DIVORCE Plail1eiff 'IS. IHL!.lMI L. BAILEY Defendant ~O, 97-5578 Civil k" a IlIAseer with ( ( ( ( :-IOTtON FOR APPODlTIrolT OF MAST::R (Plaineiff) (Defendant), follo..,in~ claims: ~ves the court to appoine respect to ehe x) Divorce ) Annulment x) AliJllony ) AliJllony Pendente Lite ( x) ( ) ( x) ( x) Distribueion of Propert~' Suppore Counsel Fees Cos es and t:Jqlenses and in support of the ~oeion scates: (1) Discover? is complete as to the claims(s) for which the appoincnent of a master is requested. (2) The defenda.nt (has) WlMxR'k~ appeared in (by his attorney, Dale F. Shuohart. Jr. (3) The staturor? ground(s) for divorce (is) Irretrievable breakdown 11011c) (4) Deleee the inapplicabla paragraph(s): ~"ThIll4llC:U,~ll<,Mx Il~li< Jl:NlAli'I>A-W" (b) An agreement has ~een reached with respect to the None the action (personally) . Esquire) . (are) fo llowing claims: (c) !he action is coneeseed with respece :0 ehe following cla1ms:Alimony, distribution of propertv. counsel fees. costs nod eXDPn~PR.' (5) The aceion (!~~~..) (does noe involve) complex iasues or law or face. (6) The hearing Is "-"<;lec eed to cake 0 n e (l) (7) Addieional infor.nation. if any. relevant to the (da~'s) . Date: dj:z<;/ C;~ ORDER ....'Ill NOW U ,19 , Is appoineed master wieh respece C;;-Che fol owing cla1J:ls: A I imony. property. counsel fees, costs and expenses. Esquire. distribution of J . n \" ;,') l~ W ." ~ ." ., r, 'rt ..;1 .:~ N --,j-;-' , e, .,. 'Il::) -:_": (~) ::~; , .'1 .', " , :(-) :( r- ,~'.jrn ,., ::::l ~~ ::! .~ .:1J -... /.,J.: ~l ".: ,;,t) 6::; "-. '.' i.l.. .~jJ L~G I),. ;, . -.,-,' ~. ~j ~2:-L J ~ , LORI L. BAILEY, I IN THE COURT OF COMMON PLEAS OF plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v I CIVIL DIVISI:JN - LAIi I WILLIAM L. BAILEY, I NO. 97-5578 Defendant I I IN DIVORCE tl, COURT ORDER AND NOli, this ~ day of February, 1998, the court being advised that the Plaintiff Lori L. Bailey desires to withdraw her Petition for Attorney's Fees at this time, the hearing scheduled for February 13, 1998 at 3:00 p.m. is cancelled. The withdrawal is without prejudice for either party to raise a request fpr attorney's fees at any Masters hearing held in this case. CCI Hubert x. Gilroy, Esquire Dale F. Shughart, Jr. . ~"1d4 I ~ FCIJf( C~< ~'\""I!r""'" '.t\!...:.. I ~ 1,'\~\:~~\,\.:J.;d A. "( :\! ' ..: "'.' ."ll\'1l ",' .".,," "I V 5S :/I11't r 16]:1 U6 )U,lir.".. ,. , ,.l.....\,..::..I(.. .' .,~i ":,,", ~~'J .:,~ -,'....,..' ,~ _~-.J .:1..:1 ';V'U.J j~:l - . ~ BROLJJOS 11 GILROY. pc JOI-IN II. 8ROUJ05 HU8ERT X GIl,ROY ATrClf(NI:Y.'; AT 1.A\'(' .1 N0RH' II^N\.'1Vf. R ~nt l F. r C^RLI.'LE. P[NN5YLV^NI.,", 1/01:.1 11/-;J.U44'.>l4 NON..rOLl. FOR "ARJtlSBIJRG AREA: 11/-/60 -1690 fA"l 2"'J.6;~;" February 11, 1998 The Honorable J. Wesley aler, Jr. Cumberland County Courthouse Carlisle, PA 17013 lUll Bailey V' Bailey Dear Judge aler: II hearing on Petition for Attorney's Fees is scheduled in the above referenced case before you on this Friday at 3:00 p.m. I filed the Petition for Interim Attorney's Fees on behalf of Mrs. Bailey. Mr. Bailey is represented by Attorney Dale Shughart. I desire to withdraw our Petition for Interim Attorney's Fees at this time and, if the parties are not able to reach an agreement, litigate the issue of attorney's fees at the Master's hearing. Enclosed is a proposed order to cancel Friday'S hearing. Yours Sincerely, ~-- ~rt x. Gilroy bc Enclosure cc: Dale F. Shughart, Jr., Esquire Lori Bailey ,'" ~~~';" .-.-,_..~~'~~- I l\ ". ., ';, , . , .' .., : .. " BROUJ06-a GILROY. Po C, AnotINIYa AT LAW 4 NOIITH HANevr" ITIlrlT CAftLlIU:. PENNSYLVANIA 17Ol3 1717. 14"41" 718,_ .'!-Fj< ....".;...w: ';', (''''-.>e.;.",j'~"''''''''.{;'~:._....~_._~..-~,....''_e'_ ,_ , '"j. -'- - _ __'-",_/<:>J~ '~OCT ! 1f~~~1~ . '>"''''~:~j~:~j,;j~~ " oN . . " " . t ~"'a'~ --.-:-....___ _. ~_._.,. \ , LORI L. BAILEY, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I V : CIVIL DIVISION - LAW I WILLIAM L. BAILEY, I NO. 97-5578 Defendant . . I IN DIVORCE COURT ORDER AND NOW, this ~~ day of , o~.LJ 1997, upon consideration of the attached Petition for award of attorney's fees, a hearing is scheduled in Courtroom No. ,?," of the .'-1 ,} )9 'If ,,;t~/f!/'~r M97, at 3"b{) ~.m. at which time testimony on this Petition shall be Cumberland County Courthouse on the ,;f3tt day of heard. BY THE COURT, CCI Hubert X. Gilroy, Esquire Attorney for Plaintiff Lori L. Bailey William L. Bailey e.~u..... f'h~..t.'( I 0/:28/ '1''1. ~,1", !,. i . i ~. '. ..~) . LORI L. BAILEY, : IN THE COURT OF COMMON PLEAS OF Plaint1ff : CUMBERLAND COUNTY, PENNSYLVANIA : V : CIVIL DIVISION - LAW : WILLIAM L. BAILEY, : NO. 97-5578 Defendant : : IN DIVORCE PETITION FOR ATTORNEY'S FEES Petitioner, Lori L. Bailey, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Petitioner is Lori L. Bailey who is the Plaintiff in the above divorce action. Respondent is William L. Bailey who is the Defendant in the above divorce action. 2 Petitioner filed a divorce complaint against Reapondent on October 9, 1997 and included in said complaint was a request for attorney's fees. 3 Petitioner is unemployed and without assets to pay her counsel fees. 4 Respondent is in possession of various items of marital property and has sufficient assets to retain his own counsel and, at the same time, to assist Petitioner in payment of her attorney's fees. WHEREFORE, Petitioner request that the court direct that the Respondent be ordered to pay Petitioner's attorney's fees in the divorce action. Respectfully submitted, Huber X. Broujos & Gilroy, P.C. 4 North Hanover. Street Carlisle, PA 1 013 717-243-4574 ". I verify that the BtatementB made in the foregoing document are true and correct. I underBtand that falBe BtatementB herein are made eubject to the penaltieB of 18 PA. C.S. Section 4904 relating to unBworn falBification to authoritieB. ~~'-'- d. :B~ Lor L. Bailey (") ..:.. n I -.J " -, ') . , ~ -., ) .;,-, l. "',J , " I .i\ j... ., l -.! ~' " " --, , . ':'.! l:' ". i) !!' . , .'" ~ # .. ., . BROUJOS a GILROY. ... C, ATTOIlN..... AT LAw . NORTH HANOVIR .TRRT CARLISLE. PENNSYLVANIA 17013 m'7t .41...14 "".tUG :. ",.",~"'~'-'~"~~M""""'T ~ I ". .... . . , 1 , ~ ...:.,._t..--- ~::a,-,--. _.:--~ '-, F<-~_~-:::- ,.._ ~'_ / ! lORll. BAILEY PlainliITIPclilioncr IN TIlE COURT m' COMMON PLEAS OF ClIMBERLAND COIINTY, PENNSYLVANIA VS. ('IVII. ACTION - DIVORCE WllllAML. BAILEY Dcfendanl/Rcspondcln NO, 1J7. ~~7H CIVIL TERM IN DIVORCE DRII 27,n44 Pne.c.N Hlt4ll1l1l1n~ ORUF.R OF COURT AND NOW,Ihis ~Ih day of NO\.cmbcr. I~n IIJlOn considcr-Hion oflhe auaehed Pelilion for Alimony Pendeme Lilc andlor connsel fees. iI is hercby dirccled Ihallhc parties and Iheir respeclive eonnsel appear before R.J Sbadd:1\ on ,Novcmber 2(.. 1~~7 al lCun a.m. for a conference. al 13 N. Hanovcr SI.. Carlisle. PA I7nl), aftcr which Ihe confcrenee omcer may rccommend Ihal an Order for Alimony Pendenle Lile he enlered. YOU arc furl her ordered 10 bring to Ihe conference: (I) a Ime copy ofyonr mosl recenl Federal Income Tax Relnrn, inclnding W.2's as filed (2) yonr pay slnbs for Ihe preceding six (0) momhs (3) Ihe Income and E'pense Slalement aU ached 10 Ihis order, compleled as reqnired by Rille I~ICI.I )I' (4) verincmion of child care e'penses (~) proof of medical covcrage which yon may have, or may have available 10 yon IF you fail 10 appear for Ihe conference or bring Ihe reqllired docllmenls, Ihe Conrlmay isslle a warranl for )'Ollf arrest. ec: plailHiIT alld defendanl cc: Hnbert X. Gilroy, Esq. BY THE COURT. ~'" dE. Shedy. Pres' cn Jndge 4 Dale of Order. November~,I~IJ7 ~ .(~;o!_ .~. shfay. C nfcrence omcer ''''~' - YOU HAVE THE RIGHT TO A lAWYER, WHOE MAY ATTEND'THE CONFERENCE ANDU REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TilE OFFICE SET FORTlI BELOW TO FIND OlIT WHERE YOU MAY GET LEGA I. II ELP. COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURT HOUSE CARLISLE, PENNSYLVANIA 17111) 171712~n.f121111 LORI L. BAILEY, . IN THE COURT OF COMMON PLEAS OF . plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . V : CIVIL DIVISION - LAW : WILLIAM L. BAILEY, : NO. 97-5578 Defendant : : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE Petitioner, Lori L. Bailey, by her attorney, Broujos & Gilroy, P.C., sets forth the following: 1 Petitioner is Lori L. Bailey who is the Plaintiff in the above captioned divorce action. 2 Respondent is William L. Bailey who is the Defendant in the above captioned divorce action. 3 Petitioner raised a claim for alimony pendente lite (APL) in the divorce complaint which was filed with this court on October 9, 1997. 4 Petitioner is currently unemployed and is without sufficient assets to maintain herself during the pendency of the divorce action. 5 Attached to this Petition is the DRS attachment for APL proceedings with the appropriate information. WHEREFORE, Petitioner requests your Honorable Court to set an Order to grant her alimony pendente lite. Respectfully submitted, Hubert x. Gilroy, re Broujos & Gilro~, P.C. 4 North Hanove Street Carlisle, PA 023 727-243-4574 l i I .' .-""-~ .._-- -,~ "- .. -t.J~ \, , - '''"- ~:~"'t_--.: " . . DR )7,044 LORI L. BAILEY, PLAINTIFF/PETITIONER IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION. LAW WILLIAM L BAILEY_ DEFENDANT/RESI'ONDENT. NO. 97.} 57.!L CIVIL TERM ORnER OF COURT AND NOW, this 26th day of November, 1997, based upon (he Court's determination (hat Petitioner's monthly net income is $ 1.867.67 per month and Respondent's monthly net income is $ 325.00 pcr month, it is hereby Ordered that the Respondent pay to the Domestic Relalions Section, Court of Common Pleas, $ 616 'l'l a month payable $ 142 00 per week as alimony pendente lite, etlective 10/23/97. Delcndant is tQJ)J!.\Cplaintitl" 33% of uny net bonus within live days upon reccilll of bonus. Arreurs set ut $ 710.00 as of 11/26/')7, shall be payuble at $ N/A . First payment due on or belore N/A, und euch month thereatler. Fuilure to make euch puyment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.* 3703. Further, if the Court linds, atler hearing, tlmt the Respondent hus willfully tailed to comply with this Order, it may declare the Respondent in civil contempt of COllrt and its discretion make an appropriute Order, including, but not limited to, commitment of the Respondent to prison for u period not to exceed six months. Payments must be mude by cash, check or money order. Cush puyments must be made in person. All checks and money orders must be I1mde payable to Domestic Relutions Sectionund delivered or mailed to Domestic Relutions Section, 13 North Hanover Street, 1'.0 Box 320, Carlisle, Pennsylvania, 170 I 3. Each paymcnt must bear your Domestic Relations number (DR _> in order to be processcd. Respondent is responsible for service Ices of ~Q.. to be paid within N/ A as determined by the Domestic Relations Section. . . ..~ ,- -~\,.- -.-=-.~.... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 97-5578 CIVIL IN DIVORCE LORI L. BAILEY, Plaintiff VS. WILLIAM L. BAILEY, Defendant INVBNTORY OF WILLIAM L. BAILBY William L. Bailey files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. William L. Bailey verifies that the statementB made in this inventory are true and correct. William L. Bailey understands that false statements are herein made Bubject to the penalties of 18 Pa.C.S. 54904 relation to unsworn fa ifications to authorities. ~ . B Y 2ipr ASSETS OP PARTIES William L. Bailey marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (x) 1. (x) 2. ( ) 3. ( ) 4. (x) 5. (x) 6. (x) 7. ( ) 8. (x) 9, ( ) 10, ( ) 11. ( ) 12. ( ) 13. ( ) 14. (x) 15. ( ) 16. ( ) 17, ( ) 18. ( ) 19. ( ) 20, ( ) :11. ( ) 22, ( ) 23. (x) 24. (x) 25. (x) 26. Real Property Motor Vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money markets and saving certificates Contents of safe deposit boxes Trusts Life insurance policies Annuities Gifts Inheritances Patents, inventions, royalties Personal property outBide the home Business Employment termination benefits-severance pay, workman's compenBation claim/award. Profit sharing plans Pension plans Retirement Plans and Individual Retirement Accounts Disability payments Litigation claims Military/V.A.benefits Education benefits Debts due, including loans, mortgages held HouBehold furnishings and perBonalty Other MARITAL PROPBRTY William L. Bailey listB all marital property in which either or both BpouBes have a legal or equitable intereBt individually or with any other person as of the date this action waB commenced: Item f:!.Q: DeBcription of I?rooertv: 1 Real I?rooertv A. Condominium 1 Wiltshire West Carlisle, I?A 17013 (South Middleton Twp) ($115,925 purchase price less mortgage balance of $52,226) I?urchased August, 1996. 2. Motor Vehicles A. 1989 Toyota MR2 1996 Chrysler, Sebring JX ($15,175 value less loan to Chrysler Corp. with balance of $11,800) B. 5. Checkina Account A. Checking Account Financial Trust Company #682063 6. Savinas Account A. Increase in value of Members First Account 9. Life Insurance A. $50,000 term life insurance policy with Baltimore Life (no cash surrender value) 15. Business Increase in value in Bailey's Diamond Center 25. Household Goods A. A. Table, lamp, TV and porch chairs acquired after marriage in possession of husband). Names of All Owners: ~: Husband and Wife $ 63,699.00 Husband Husband and Wife $ 3,600.00 $ 3,375.00 Husband $ 28.00 $ 59.00 Husband -0- Husband -0- Husband $ 1,350.00 B, Stereo and speakers, wedding gifts, carpets, kitchenware, Bathroom supplies, wall hangings, plants acquired during marriage (in posBession of wife). Wife $ 2,000.00 26, Other Prooerty - Jewelry B. Solitaire engagement ring yellow gold, 6 prong setting (acquired 1995 by exchange of second engagement ring, ring of husband, jewelry). (wholesale value) Jewelry acquired during marriage, list attached. (wholesale value) Wife $ 4,932.00 A. Wife S 3.006.00 Total - $ 82,316.00 c 1 JEWELRY OF WIFE - PURCHASED BY HUSBAND DURING MARRIAGB. The value is based upon acquisition cost, which is wholesale cost, being one-half of the current retail value. 1. Nine rows of four diamonds. 2. Diamond stud. 3. Seven inch Omega bracelet. 4. Herringbone - 16 inch lobster claw. 5. Herringbone - 30 inch chain. 6. Herringbone - 6 inch bracelet. 7. Herringbone - 6 1/2 inch bracelet. 8. Omega collar. 9. Fresh water blistered pearl pendant. 10. Panther ring. 11. Diamond engagement ring wrap. $1,675.00 $ 150.00 $ 500,00 $ 279.00 $ 338.00 $ 115.00 $ 85.00 $1,300.00 $ 270.00 $ 200.00 $1,100.00 $6,012.00 $3,006.00 Sub-Total - + 2 = '. Item tlQ. 10 LIABILITIES Description of Prooertv Name of All creditors Name of All Debtors Balance ~ 1 Mortgage on home at 1 Wiltshire West Financial Trust Co, Husband and Wife $52,226.00 2 Line of Credit account Financial Trust Co. Husband paid with loan proceeds (No, 11 below) $ 290.00 3 Personal Loan (unsecured)PA National Bank used to purchase MR2 Husband $5,724.00 4 VISA Credit Card Wachovia paid with loan proceeds (No. 11 below) Husband $1,508.00 5 VISA Credit Card 11/20/97 statement NationBBank of Delaware, N.A. Husband and Wife $ 460.00* 6 Credit Card FirBt USA Bank paid with loan proceeds (No. 11 below) Wife $1,500.00 7 Car Loan (Sebring) Chrysler Corp. Husband and Wife $11,800.00 8 Personal unsecured Financial Trust Co, Husband one year loan to pay past due taxes #204611, paid with loan proceeds (No, 11 below) $ 2,980.00 9 Personal unsecured loan to pay line of credit $1,078 and for Key West vacation $1,488 Robert Bailey (Father) Husband $ 3,000.00 Hospital bill for Wife Carlisle Hospital Husband $ 25.00 11 30 Day Note (11/30/98) Financial Trust Co, Husband $ 8,000.00 used to pay personal a. Farmer'B unsecured loan $2,154; * May be additional deferred credit b. Line of Credit charges by Wife posted after 11/20/97, Account $1,985 (incurred keeping obligations current after separation) ; c, Wachovia $911; d, First USA $874; e, School taxes $1,038; and f, Auto insurance, Erie $1,050 NON-MARITAL PROP.RTY William L. Bailey lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Numb'!!r Description of Prooertv 1 40' ownership interest of Husband in Bailey's Diamond Center (60' owned by Ron Leitzel) Formed 1985. 2 1990 Cadillac Deville automobile; acquired by trade in of Buick Reatta owned by Husband before marriage. 3 1989 Plymouth Grand Voyager of Husband. 4 Members FirBt FCU SavingB Account of Husband. Value on Marriacie Reason for Exclusion Value of Husband's ownership interest upon marriage on Business owned by HUB band prior to marriage. 9/4/92 was $142,236. $5,500.00 Buick Reatta Owned prior to marriage, was traded in for $9,595. Gift from Father, UBed to transport disabled father. $4,075.00 $ 331.00 Owned prior to marriage. Owned prior to marriage, Safe depoBit box at $1,000.00 ' Financial Trust Company contains old coins and currency jointly owned with brother, Robert D. Bailey (collected as children) . 5 VariouB hOUBehold goods $5,000.00 and furnishings and other tangible personal property of Husband, Owned prior to marriage, 6 7 Jewelry of Husband. (wholeBale value) Jewelry of Wife. (wholeBale value) 8 $2,600.00 Inheritance from Mother. $2,440.00 Gifts from Husband to Wife before marriage. WILLIAM BAILlY - LORI BAILBY MARITAL ASSITS - BAILlY ~ HUSBAND Sebring $ 3,375.00 Household goods $ 2,000.00 Engagement ring $ 4,932,00 Jewelry $ 3.006.00 Toyota Checking SavingB HouBehold goodB Equity in home in excess of amount paid by Husband from proceeds of sale of home (64,106-60,339) $ 3,600.00 $ 28.00 $ 59.00 $ 1,350.00 $ 3.767.00 Total - $13,313.00 Total - $ 8,804.00 MARITAL DBSTS - BXCLUSIVB or MORTGAGB AND CAR LOAN PA National Bank loan wachovia NationsBank First USA Bank Farmers, Line of Credit Farmers, unBecured loan Robert Bailey, loan $ 5,724.00 $ 1,508.00 $ 460.00 $ 1,500.00 $ 2,154.00 $ 2,980.00 S 3.000.00 Total - $17,326.00 1"; i i I , ('") \0 (") ~~ ~" '., \Jt..' .." :;J rq ;l:g (1'1' , C? ....::-:tl N ''';3 , . , it"' f."t,! .,," ')Cl ~ '.... , ..' , 'n - " 'i.:c : ~;; ,. ~\.") , , , f." -:')111 ;.,( , ' I .. :;! ::> ;0 ...J -< VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 97-5578 CIVIL IN DIVORCE LORI L. BAILEY, plaintiff WILLIAM L. BAILEY, Defendant CERTIFICATE OF SERVICE AND NOW, this 24th day of February, 1998, I, Dale F. Shughart, Jr., Esquire, attorney for Defendant, hereby certify that I have served a true and correct copy of petition for Appointment of Master and Inventory by mailing a copy of the same by United States mail, pOBtage prepaid, addressed as follows: Hubert X. Gilroy, Esquire 4 North Hanover Street Carlisle, PA 17013 , -' C) '0 0 f: CO 'q "Pl': ~ "I r, <, '.,'=1 'J~ -:-" '.04 ~- '" q~T1 G , ; j ~':J I .f." " '''c~) r=.;,: :'? "R . , ;'; ,'" \:, .. -. .'0 ., , :."' (jlTl .. :(:J ~::i ::> ~lJ ~. ..., -< i i i I I I I I ! I i i , i . . , BROUJOS 11 CILROY, PC AfT<)I<Nr.y' Ar LAW JOHN H. BI<OUJ05 HUBEl<r X. GILROY 4 NORHIII^NOVEtt ~ntf.E r CAl<lI'lE, I'ENNWl\'ANIA 1/013 11/-;?t]-""::ll4 NON-rOI.L FOR HARRISBURG AREA: ll1-1f16-IOOO fAXI24J-82:?1 March 23, 1998 E. Robert Elicker Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Bailey V' Bailey Dear Bob: Pre-trial memos are du~ this Friday. Dale and I are involved in some negotiations. I can't meet with my client until Thursday. I request that the deadline for tHing pre- trial statements be extended for two weeks. Dale has no objection to this request. Unless we hear from you to the contrary, we will assume that the deadline for filing pre-trial statements iT, this case has been extended to April 10. Hopefully, we will be able to advise you in advance of that date that the parties havo reached an agreement. ~c.r.,Y, Hubert x. Gilroy bc CCI Dale F. Shughart, Esquire .,.. -- .... . _ _ -4_1;.. "'-- _. Of/" . ~~ -~ ~ DALE F. SHUGHART, JR. ATTORNEY AT LAW 35 EAST HIGH STREET SUITE 203 CARLISLE, PENNSYLVANIA 17013 Telephone 17171241.4311 F.c.lmll. 17171 241.4021 OF COUNSEL HAMILTON C. DAVIS LEGAL ASBISTANT BONNIE L, COYLE March 26, 1998 (Hand Deliver) Honorable Kevin A. Hess Cumberland county Court House Carlisle PA 17013 RE: Bailey v. Bailey No. 97-5578 Dear Judge Hess: The purpose of this letter is to advise you that the parties have reached a comprehensive settlement. Please cancel the APL hearing scheduled for 1:30 p.m. next Monday, March 30, Attorney Gilroy will also be confirming this request with you. A copy of my letter to the DRO is enclosed. If you require any additional confirmation, kindly advise me. Very truly yours, Dale F. Shughart, Jr. DFS.JR/jjb cc Hubert X. Gilroy, Esq. R.J. Shadday William Bailey Robert Elicker, In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LORI L, BAILEY ) Dllck~t NUlllh~r 97-557B CIVIL PlahUiff ) VS, ) PACSES Cas~ NUlIlh~r 864100005 WILLIAM L, BAILBY ) M.. ~7Dt.J~ D~ti:lI~alll ) Olh~r Slal~ 10 NUlllh~r Order AND NOW to wit. this it is hereby Ordered APRIL 16, 1998 that: THE ABOVE CAPTIONED ALIMONY PBNDENTB LITB ORDER IS VACATBD, WITH NO BALANCB OWBD TO THE PBTITIONER, PURSUANT TO THE PARTIES' MARITAL SBTTLEMBNT AGREBMBNT, BY THE COURT: DROI R.J. Shadday CCI petitioner and respondent CCI Dale F. Shughart, Jr., Esq. S~rvh;~ Type M f'\lJ1d CCI Hubert X. Gilroy, Esq. i\lc,",-"--,, '1\:).1.\\'(1 Fnrlll OE.OQ I Wnrk~r ID 21005 P. JUDGE