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HomeMy WebLinkAbout98-01211_1. c7 7 c7 (16 0- IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUN'ry STATE J. GASKILL, II VERSUS RONALD L. GASKILL, Defendant __-_ N p 98 - 1211 CIVIL TERM DECREE IN DIVORCE AND NOWT Zfd IT IS ORDERED AND Susan J. Gaskill PLAINTIFF, DECREED THAT _ _ _---._---- '-' AND Ronald L^Gaskill DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT' RETAINS JURISDICTION OF THE: FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None The attached Property Settlement Agreement is hereby incorporated, but not merged, into this Decree in Divorce. BY THE CO ATTEST: aim- J' _ PROTHONOTARY E OF PENN A. ?s ayo h J./ PROPERTY SETTLEMENT AGREE FNT THIS AGREEMENT, made this ]?)I .L day of I ° _ 2002, by and between RONALD L. GASKILL, hereinafter called "Husband", and SUSAN . GASKILL, hereinafter called "Wife" WITNESSETH; WHEREAS, Husband and Wife were legally married on April 12,1975; WHEREAS, two children were born of this marriage. Jody Gaskill, date of birth August 21, 1976, and Jennifer Gaskill, date of birth June 16, 1980; WHEREAS, differences have arisen between Husband and Wife in consequence of which they desire to live separate and apart fi•om each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCES. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF PF, SONAL PROPERTY. The parties have divided between them to their mutual satisfaction, persona] effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each patty agrees to sign any title or documents necessary to give effect to this paragraph, upon request. 4. EQUITABLE DISTRIBUTION. Counsel for Wife, John J. Connelly, Jr., Esquire, is escrow agent for an account established for the benefit of the parties at M&T Bank, having a principal balance of approximately $22,222,14 as of the last statement from M&T Bank dated December 2001. Upon the execution of this Agreement, Wife shall receive, in the form of equitable distribution, the balance in the escrow account. In addition, Wife shall be solely responsible for the payment of taxes or any capital gains or any interest generated by the account since its inception. 5. MEDICAL INSURANCE. Husband agrees that he shall continue to carry Wife on his medical coverage until the parties secure a Decree in Divorce as referenced in Paragraph 25 hereof. Husband further agrees that he will fully cooperate with Wife in her effort to secure medical coverage after February 1, 2002, The delay in securing medical coverage until after February 1, 2002 will permit Wife to secure coverage that excludes any pre-existing conditions of Wife. Husband's cooperation in this matter shall include the execution of any documents necessary to provide Wife with COBRA coverage through Husband's current employer. From the date of the Divorce Decree, Wife shall be solely responsible for her medical coverage including the cost or any other expenses related thereto, It is anticipated that the Divorce Decree will be entered within the month of February 2002, 6. LIFE INSURANCE, Should Wife decide to purchase life insurance on Husband's life in order to insure payments under the terms and conditions of this Agreement in the event of Husband's death, Husband agrees that he shall submit to any physical at Wife's expense or provide any information necessary to secure coverage. Wife shall be solely responsible for the cost of any application or premiums on the said policy. Husband shall retain as his sole and separate property, his 401k plan with his former employer as well as any other retirement type plans presently in existence in his name individually, Wife hereby expressly relinquishes, waives and disclaims all of her rights, title and interest in and to any pension plan, retirement plan, 401(k-) plan, IRA, Keough, SEP-IRA, deferred compensation, employee benefit plan or any other plan or benefit of similar nature owned or controlled by Husband or by any other person for the benefit of or on behalf of Husband. Wife further promises, covenants and warrants that she will execute any and all documents necess<ay to sever her interests in any of the aforesaid plans and to effectuate the purposes of this paragraph, 8. ALIMQMl. - Presently Husband is currently paying to Wife in the form of alimony pendente lite, the sum 4 Of $1,302.00 per month, payable on a semi-monthly basis pursuant to a wage attachment. Husband t agrees that he shall continue said payments in the form of alimony for an indefinite period of time. Husband and Wife agree that either party may file for modification of the said alimony payment based on a change in circumstances of either party. Wife further agrees that payment is not subject to modification based on the income or earning capacity of Husband's future spouse, and such income may not be considered for alimony payments thereof The said payments shall terminate upon the earlier of the death of either party or Wife's remarriage or cohabitation. Pursuant to an Order of Court dated October S, 2001, arrearage on the Alimony Pendente Lite Order was set at $2,379.36. Husband has appealed the Order as to the amount of the arrearage, Husband shall secure an audit through the Domestic Relations Office to make a determination as to the actual amount of his arrearage. Wife agrees to fully cooperate in the said audit and provide any information which will assist in completing an audit and establishing an accurate arrearage figure. Upon establishment of the arrearage figure, an amotmt shall be paid on the arrearage in order to pay off the arrearage of record, said amount to be agreed upon by the parties or set by the court through the Domestic Relations action. All such payments by Husband to Wife shall be deemed alimony, as defined in Section 71 (b) (1) (A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and Tax Reform Act of 1986, and any future laws or regulations related thereto. Payments from Husband, when received by Wife, shall be deductible in the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code, as amended or any similar future laws or regulations thereto. 9, Ap -LICARILITY OF TAX LAW TO PROPERY TRANRFLRC, The parties hereby agree and express their intent that any transfer 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 to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 10, BREAC . If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. The parties specifically acknowledge that they are entitled to utilize the remedies as set forth in the Divorce Code of 1980, as amended. 11. EI1 • . DIS ..OS1JR . Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating to the subject matter of this Agreement to which such party may reasonably require to make an informed decision regarding this Agreement, 12. ADD_IDONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other docwnents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expenses reasonably incurred as a result of such failure. 13. WIFE'S DEBTS- Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and W& shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her, 14. HUSK ND'S XIM. Husband represent!; and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 15. WAIVE, S OF CLAIMS AGAINST ESTAU, S. Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 16. REP E .NTATION. It is recognized by the parties hereto that Husband is represented by Courtney L, Kishel, Esquire, and Wife is represented by John J. Connelly, Jr., Esquire. It is fully understood and agreed that by the signing of this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the terms hereof. 17. YOLUNT.ARY EXECUTION. 'Me provisions of this Agreement are filly understood by both parties and each party acknowledges that this 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. 18. ENTIRE AGREEMEN C, This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 20. MODIFICATION AND WAIVER. Any modification or waiver of any provision 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 upon strict performance of any of the provisions of this Agreement shall not be default of the same or similar nature. construed as a waiver of any subsequent 21. b'i4_VLRN1NGJ"' This Agreement shall be governed by and shall be construed in accordance with the laws of the commonwealth of Pennsylvania. PAJ ' coVCN?T 22. INDF.Pj;ND ,NT SE It is specifically understood and agreed by and between the panics hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 2;, yQID I& s. If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 24, *'*''''nv &PART of DTCRLLr- It is the intention of the parties that this Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement, other than modification of alimony, pursuant to Paragraph 8 this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 25. D"RCLACIM, The parties agree that they will execute all documents necessary to finalize the divorce action including, but not limited to, the withdrawal of any claims pending under said action, indexed to number 98-1211, in the Court of Common Pleas, Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree on February 1, 2002 at which time the documents shall immediately be processed and the divorce finalized, The purpose of extending the final Decree is to permit Wife to be eligible for medical insurance coverage without a pre-existing condition. '7 26. DOME! STIC RELATIONS CU 1 HF COMMONWEALTH-OF- Except yIA• as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written, C? Susan J. Gaskil WITNESS: Courtney L. Kis el, Esquire COMMONWEALTH OF PENNSYLVANIA ss, COUNTY OF C'U r'A-Y-C 1 C4. (4' On this, the 22T?- day of _ l A 00,KK J 2002, before me, a Notary Public, personally appeared Ronald L. Gaskill, (mown to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and officiul seal. NOTARY PUBLIC ANAL SEAL pRUNoSKE. Pd* PA ?? 13 2042 nn F COMMONWEALTH OF PENNSYLVANIA ss, COUNTY OF ?L1L ?k J On this, the J day of 2002, before me, a Notary Public, I personally appeared Susan J, Gaskill, known 2metlo'bethe person whose name is subscribed to the wititin Property Settlement Agreement 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 FN0 TARIAL SEAL Koster, N otary Public elstown,County of Dauphin sion Expires Fob, 9, 2004 SUSAN J. GASKILL, Plaintiff vs. RONALD L. GASKILL, Defendant IN THE; COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98 - 121.1 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ?.)_ day of the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated February 13, 2002„ 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, cc: John J. Connelly, Jr. Attorney for Plaintiff ..'-?Ourtney L. Kishel Attorney for Defendant J. AGe oPie9 1Y1 ai ?ec? oa°aL -da . ` , ' l I ! ? 1 ? 1 ? : ? i ' ? . 1 4 l , `.. i . , pRO xrY nITLEM DMAGRE r+.NT THIS AGREEMENT, made this L day of 2002, by and between RONALD L. GASKILL, hereinafter called "Husband", and SUSA J. GASKILL, hereinafter called "Wife". WITNESSETH: WHEREAS, Husband and Wife were legally married on April 12, 1975; WHEREAS, two children were born of this marriage. Jody Gaskill, date of birth August 21, 1976, and Jennifer Gaskill, date of birth June 16, 1980; WHEREAS, differences have arisen between Husband and Wife it. consequence of which they desire to live separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations. NOW THEREFORE, in consideration of the premises and covenants contained herein, it is agreed by and between the parties hereto that: 1. SEEAi2ATION. It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTF E , NMI - Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other, 3, j?VI?ION OF PEI2S?INAE P1tOPERTY. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request, 4. ES EMAD • DISTRBII io- Counsel for Wife, John J. Connelly, Jr„ Esquire, is escrow agent for an account established for the benefit of the parties at M&T Bank, having a principal balance of approximately $22,222,14 as of the last statement from M&T Bank dated December 2001. Upon the execution of this Agreement, Wife shall receive, in the fonn of equitable distribution, the balance in the, escrow account. In addition, Wife shall be solely responsible for the payment of taxes or any capital gains or any interest generated by the account since its inception. $, MUKAL INSURANCE. Husband agrees that he shall continue to carry Wife on his medical coverage until the parties secure a Decree in Divorce as referenced in Paragraph 25 hereof. Husband further agrees that he will fully cooperate with Wife in her effort to secure medical coverage after February 1, 2002, The delay in securing medical coverage until after February 1, 2002 will permit Wife to secure coverage that excludes any pre-existing conditions of Wife. Husband's cooperation, in this matter shall include the execution of any documents necessary to provide Wife with COBRA coverage through Husband's current employer. From the date of the Divorce Decree, Wife shall be solely responsible for her medical coverage including the cost or any other expenses related thereto. It is anticipated that the Divorce Decree will be entered within the month of February 2002. 6. LIFE NS IRAN "G. Should Wife decide to purchase life insurance on Husband's life in order to insure payments under the terms and conditions of this Agreement in the event of Husband's death, Husband agrees that he shall submit to any physical at Wife's expense or provide any information necessary to secure coverage. Wife shall be solely responsible for the cost of any application or premiums on the said policy. 7. $T-TIIEMI! NT. Husband shall retain as his sole and separate property, his 401k plan with his former employer as well as any other retirement type plans presently in existence in his name individually. Wife hereby expressly relinquishes, waives and disclaims all of her rights, title and interest in and to any pension plan, retirement plan, 401(k) plan, IRA, Keough, SEP-IRA, deferred compensation, employee benefit plan or any other plan or benefit of similar nature owned or controlled by Husband or by any other person for the benefit of or on behalf of Husband. Wife further promises, covenants and warrants that she will execute any and all documents necessary to sever her interests in any of the aforesaid plans and to effectuate the purposes of this paragraph. g. SIMONY. Presently Husband is currently paying to Wife in the form of alimony pendente lite, the sum of $1,302.00 per month, payable on a semi-monthly basis pursuant to a wage attachment. Husband agrees that he shall continue said payments in the form of alimony for an indefinite period of time. Husband and Wife agree that either party may file for modification of the said alimony payment based on a change in circumstances of either party. Wife further agrees that payment is not subject to modification based on the income or earning capacity of Husband's future spouse, and such income may not be considered for alimony payments thereof. The said payments shall terminate upon the earlier of the death of either party or Wife's remarriage or cohabitation. Pursuant to an Order of Court dated October 5, 2001, arrearage on the Alimony Pendente Lite Order was set at $2,379.36. Husband has appealed the Order as to the amount of the arrearage. Husband shall secure an audit through the Domestic Relations Office to make a determination as to the actual amount of his arrearage. Wife agrees to fully cooperate in the said audit and provide any information which will assist in completing an audit and establishing an accurate arrearage figure. Upon establishment of the arrearage figure, an amount shall be paid on the arrearage in order to pay off the arrearage of record, said amount to be agreed upon by the parties or set by the court through the Domestic Relations action. All such payments by Husband to Wife shall be deemed alimony, as defined in Section 71 (b) (1) (A) of the Internal Revenue Code as amended, and as said Section is amplified by the provisions of the Tax Reform Act of 1984 and 'fax Reform Act of 1986, and any fixture laws or regulations related thereto. Payments from Husband, when received by Wife, shall be deductib:e in the year of payment by Husband pursuant to Section 215 of the Internal Revenue Code, as amended, or any similar future laws or regulations thereto, and shall be includable in the year of receipt in the gross income of Wife pursuant to Section 71 (b) (1) (A) of the Internal Revenue Code, as amended or any similar future laws or regulations thereto. 9, AP UCAMITY OF - .10 PROPERY TRANSFERS. The parties hereby agree and express their intent that any transfer 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 to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act, 10, BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. The parties specifically acknowledge that they are entitled to utilize the remedies as set forth in the Divorce Code of 1980, as amended. 11. EL r nlsrt.OSI - Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever, and of all other facts relating to the subject matter of this Agreement to which such parry may reasonably require to make an informed decision regarding this Agreement. 12. ADDITIONAL INSTRUMENT. Each of the parties shall on demand execute and deliver to the other any deeds, bills of sale, assignment, consents to change of beneficiary on in:,urance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. If either party fails on demand is comply with this provision, that party shall pay to the other all attorneys' fees, costs and other expena°s reasonably incurred as a result of such failure, 13. WIFE'S DI'1 - Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and -Wjk shall indemnify and save Ilusband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her, 14. H SSBA SYS DEBTS. Husband represents and warrants to Wife that since the parties' separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and Ilusbarid shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, 15. W.MN•llZ OF C1,AIMdS AGAINST + SLAT I S. Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, to the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry, into effect this mutual waiver and relinquishment of all such interests, rights and claims, lb. REPRESENTATION. It is recognized by the parties hereto that Husband is represented by Courtney L. Kishel, Esquire, and Wife is represented by John J. Connelly, Jr., Esquire. It is fully understood and agreed that by the signing of this Agreement, each party understands the legal impact of this Agreement and further acknowledges that the Agreement is fair and reasonable and each party intends to be legally bound by the terms hereof. 17. VUI_LT?TARY EXECLJTIO,ly. The provisions of this Agreement are fully understood by both parties and each party acknowledges that this 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. 18. ENTIRE A = EEM ,NT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein, 19. PRIOR AGREEMENT. It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 20. MODIFICATION AND WAIVER. Any modification or waiver of any provision 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 upon 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. 21, GOVERNING LAW. This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, 22. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 23, VOID ..ASI,?, If any term, condition, clause, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 24, ENTRY AS PART OFD . R It is the intention of the parties that this Agreement shall survive any action for divorce which may be instinsted or prosecuted by either party and no order, judgment or decree of divorce, temporary, final or permanent, shall affect or modify the financial terms of this Agreement, other than modification of alimony, pursuant to Paragraph 8 this Agreement. This Agreement shall be made a part of, but shall not merge with, any such judgment or decree of final divorce. 25. DIVOR ACTION. The parties agree that they will execute all documents necessary to finalize the divorce action including, but not limited to, the withdrawal of any claims pending under said action, indexed to number 98-1211, in the Court of Common Pleas, Cumberland County, Pennsylvania, as well as Affidavits of Consent and Waivers of Counseling and Waivers of Notice of Intention to Request Entry of a Divorce Decree on February 1, 2002 at which time the documents shall immediately be processed and the divorce finalized. The purpose of extending the final Decree is to permit Wife to be eligible for medical insurance coverage without a pre-existing condition, 26. DOMESTIC RELAII NC CODE OFT E CQMMOMALTH OF PENNSYLVANIA. Except as specifically provided in this Agreement, each party waives any claim they may have against the other under the Domestic Relations Code of the Commonwealth of Pennsylvania including, but not limited to, alimony, alimony pendente lite, counsel fees, costs and equitable distribution of marital property. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: G Courtney L. Kis el, Esquire J. C,onnNly, Jr., Esquire Susan J. Gaskil -- COMMONWEALTH OF PENNSYLVANIA 85, COUNTY OF C;,, r?,,` t r" Cl t! ?? On this, the i- Lday of _??? V"\U 0 l ?_ 2002, before me, a Notary Public, personally appeared Ronald L. Gaskill, known to me to be the person whose name is subscribed to the within Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ACS, t/Ql'Lt? rte ) LlA A(5, NOTARY PUBLIC K::::1 S.S. On this, the -/& day of - 2002, before me, a Notary Public, personally appeared Susan J. Gaskill, known to me to be he person whose name is subscribed to the within Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. i NOTARY PUBLI NOTARIAL SEAL City of Hummelstown County of Dauphin My Commission Expires rob. 9 , 2004 TO You AHE NE HE FIY HOTIIIfD t0 HL TIIE ENCLOSED WITHIN TWENTY 1T DAYS HAKE VIFP OH A LT JUUOME MT MAY TIE "I EN R'Nf0 AOAINSNS'r YOU. By SUSAN J. GASKILL, Plaintiff V, RONALD L, GASKILL, Defendant To the Prothonotary: LAW 01;1'1('IV JAMES, SMITH, DURKIN & CONNELLY, LLP R 0.. Box 690 HERSHEY, PENNSYLVANIA 17133.0590 WE NERERY CENrIFY THAT THE. WITHIN 15 A TRUE AND COHIIECT COPY OF TIIE ORIGINAL FILED IN 51119 ACTION. HY AIIONN[Y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 98 - 1211 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAEQ TO TT ANSMI'T RFC.012D 'T'ransmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (XX) 3301(e) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: June 22, 1998 by personal service on the Defendant, 3• Complete either paragraph (a) or (b), (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff: February 13, 2002 by Defendant: January 4, 2002. (b) (1) Date of execution of the plaintiffs, Affidavit required by Serlion 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: All claims of record have been resolved and settled pursuant to a property Settlement Agreement dated February 13, 2002. 5. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: February 13, 2002; by Defendant: January 4, 2002. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divot-cc Decree: Plaintiffs Waiver is being filed simultaneously with this Praecipe; by Defendant: January 16, 2002, JAMES, SMITH, DURKIN Sc CONNELLY LLP Date: A Dl - ?? J n J. Connell , Jr., rsquire tto e for Pla, )tiff O ce 13 650 Hershey, PA 17033 (717) 533-3280 PA I,D, No, 15615 ! '? I i I ??. ? l TO ...._._.._.__._.-__.._....___ YOU ARE HEREBY NOTIFIED TO PLCAD YO THE ENCLOSED WITHIN TWENTY 1201 DAYS OF SERVICE HEREOF OR A DEFAULT IIIOOMENT MAY EE ENTERCC AOAINST YOU Er glONNEY SUSAN J. GASKILL, Plaintiff V. RONALD L. GASKILL, Defendant LAW 019ICP JAMBS, SMITH, DuRKIN & CONNELLY I'. (). IRA 0511 HHRSIIFY, PENNSYLVANIA I1033-M50 WE IIEREDY CCRTIFY THAT 111[ WITHIN IS A TRUE AND CORRECT COPY OF THE ONIOIHAL FILED IN THIS ACTION. ARONNFv IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. t4 L 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 warned that if you fall 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 any other claim or relief requested in theso 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 House, One Courthouse Square, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Phone; (717) 249-3166 SUSAN J. GASKILL, Plaintiff V. RONALD L. GASKILL, Defendant CIVIL ACTION - LAW IN DIVORCE VLQMj QF AVAILABILITY OF Q UNSELJ To the Within Named Defendant: 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(4) 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 borne 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, Prothonotary i r SUSAN J, GASKILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA t. V. NO. RONALD L. GASKILL, CIVIL ACTION - LAW Defendant IN DIVORCE CAIN-T-UNDER SECTl4N_a3-0-'1_ OF THE DIVORCE CODE 1. Plaintiff is Susan J, Gaskill, who currently resides at 3522 Beech Run Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055, 2. Defendant Is Ronald L, Gaskill, whose last known address is 217 Glenn Road, Camp Hill, Cumberland County, Pennsylvania 17011, 3, Plaintiff and Defendant have been bona fide residents in the S Commonwealth for at least six months immediately previous to the filing of this I Complaint, 4. Plaintiff and Defendant were married on April 12, 1975 In Milford, Oakland County, Michigan. 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, i 9. The Plaintiff has been advised of the availability of counseling and that i._ 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 November 17, 1996. 11. Plaintiff requests the Court to enter a Decree in Divorce, COUNT II COMPLAINT UNDER SECTION _ 3 OF THE DIVORCE CODE 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. COUNT III CLAIM FOR EQUITABLE DISTRIBUTION OF?_RITAL PROPERTY QNDER 6ECTION 3,502 OF THE DIVORCE ODE 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, COUNT IV CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 15, Plaintiff is presently unemployed due to disability, 16, Plaintiff is unable to support herself through appropriate employment, 17. Plaintiff lacks sufficient property and income to provide for her reasonable needs, COUNT CLAIMOR ALIMONY_FIILENTE LITE COUNSEL FEES AND EXPE SES N E _SECTI N 702 OF THE 113110ORCE CODE 18. Plaintiff does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action, 19. 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 Plaintiff's counsel fees and the cost of this suit; and e, for such further relief as the Court may determine equitable and just. Date; Harrisburg, PA 17101 (717) 238-4776 PA I.D, No. 15615 JAMES, SMITH, DURKIN & CONNELLY By: John .Conn ly, Jr„ Esquire Attor ey IIf?o??r PI 'ntiff 1.08=112 tNalnu Street ____ 1 I . I' 'I I I II i L. I' t4 I VERIFICATION{ I verify that the statements made in this Pleading are true and correct, I I j understand that false statements herein are made subject to the penalties of 18 Pa, C.S. Section 4904, relating to unsworn falsification to authorities, j g o3JCl.?i_? ?J v? l rll 1 Date; -- Susan J, Gaskill, Plaintiff i I a a s ti ,I j 1 I? - N i ?l t . 10 YOU AGE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED WITHIN 1WENTY 1201 DAYS OF SERVICE arNEOF OG A DEFAULT JUDOMENT MAY BE ENTrnEG AGAINST YOU BY ....... ___.-_. ArroRN[Y SUSAN J. GASKILL, Plalntiff V. RONALD L. GASKILL, Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF RUCKS NO, 98 1211 CIVIL CIVIL ACTION - LAW IN DIVORCE SS. 1 AND NOW, this, ,L, ,, day of 1998 personally I appeared before me, a Notary Public In and for the State and County aforementioned, vi.ncent Dartt , who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce in the above-captioned action was served on the Defendant, Ronald L. Gaskill, at 403 s Mai n Rrreel . APr.2oi rj_, Doylestown ,Pennsylvania, on the 21st dayof June 1998, at 3:15 _ P. m. by personal hand delivery!-) Sworn to and Subscribed to before me this "rday of =e=-, 1998. p ,I Notary PubliC N01,001 9891 ( Kathlann Aallaco, Notary Publlo Doylestown tiara, Ducks County O9gvnlsslnn L Yniros July 26, 1999 LAW OPPICE JAMES, SMITH, DURKIN & CONNELLY WE "EGEBY CE.RrIFY THAT THE WITHIN 10 A THUS AND CORRECT COPY OF THE ORIGINAL FILED IN THIS ACTION. P. 0. 110X 650 Artoxecv HIiNSIII!Y, PENNSYLVANIA 17033-0630 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ? ?F t ? ?. 1 4 1 SUSAN ,I, GASKILL, : IN TI If? COURTOf COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 98 - 1211 CIVII, THRM RONALD I,. GASKILL, : CIVIL ACTION - LAW Defendant : IN UIVORCIi PLAINTIFF'S AFFIDAV 'r )F C'ONSI?N.1, AN 1) WAIVEIt 0Fk'-0JA I?LEYS A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 5, 1998. 2. The marriage of the Plainti11'and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3, 1 consent to the entry or a Baal decree ofdivorce alter service of Notice of Intention to request entry of tile Decrec. 4. I have been advised of the availability of marriage counseling, and Understand that I may request that the Court require that my spouse and 1 participate in cowiSCling. I further Understand that the Court maintains a list of marriage counselors in the Prothonotaty's Office, which list is available to me upon request, lacing so advised, l do not request that the Court require that my spouse and I participate in counseling prior to it 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,A, Section 4904, relating to unswom falsification to authorities. Date: c' \ ll Y Susan J. Gaskill, Plaintiff _ are f. ?, SUSAN J, GASKILI„ : IN'rl IF, COURTOP COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, ITNINSYLVANIA V. :NO. 98 -- 1211 CIVIL TOW RONALD L, GASKILL, Defendant CiVII, ACTION - LAW IN DIVORCE AIVEIR 'I'ICI,' OF IN'I'EN'I'ION'I'O RI?QUI?S'r I?N'1'RY )( I? A 1)1VOI2(.'E 1. 1 consent to the entry oI'a lintel Decree of Divorce without notice. 2, 1 understand than I may lose rights concerning alimony, division of property, lawyer's fees or expenses ii' l do not claim them before a divorce is granted. 3. 1 understand that I will not he divorced until a Divorce Decree is enteral by the Court aind that a copy of the Decree will he sent to nc inunediatcly alter it is file([ With the Prothonotary. verify that the statements made in this Aflidavit arc true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C,S,A. Section 4904, relating to unsworn falsification to authorities. Datc: ,?-- Susan J. Ciaskill, Plamtit't IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTV, PF.NNSVLVANIA SUSAN J. GASKILL, ) Plaintiff ) V. ) ) RONALD L. GASKILL ) Defendant ) NO. 98-1211 CIVIL TERM IN DIVORCE DEFENDANT'S AFFADAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE The parties to this action separated on November 17, 1996 and have continued to live separate and apart for it period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 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 ih enalties of 18 Pa.C,S. §4904 relating to unsworn falisification to authorities Date; _ % 04V Z r ' : > ` . ?: `? . -? :.. , , .._ ??? _1 G. _. ? '_'} IN THE COURT OF COMMON PLEAS CUMIIERI.,AND COUNTY, PENNSYLVANIA SUSAN J. GASKILL, plaintiff ) NO. 98-1211 CIVIL TERM v. ) IN DIVORCE RONALD L. GASKILL ) Defendant ) DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 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 1 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. 1 understand that false statements herein are made subject to the}>enalties of 18 Pa. S. Section 4904 relating to unsworn falsification to authorities. 1 7 Date, R nald L, ;askill (Defendant) ?, .. .... ,., ? ??, .; :_ ,;:?; ;?y_ ,I '; > ;_, To LAW OFFICE ----- YOU ARE N[R[SY NOTIFIED TO PLEAD TO WE NCRCEV CERTIFY THAT THE WITHIN IS _. A TRUE A CORRECT COPY or THE THE [D 00 ---' JAMES, SMITH, DIJRKIN & CONNELLY!, :1 ?' TWENTY I]01 DAVE OF SERVICE HEREOF EOF OR ? ORIGINAL FILED IN IN THIS S ACtION. A DEFAULT JUDGMENT MAY SE ENTERED P. (I BOX 650 AGAINST YOU. DY - - ----- HERSHEY, PENNSYLVANIA 17133-0650 Anan4ev `ATORNLY ' SUSAN J. GASKILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO, 98 - 1211 CIVIL TERM RONALD L. GASKILL, CIVIL ACTION - LAW Defendant IN DIVORCE TO THE PROTHONOTARY: Please withdraw the claims for Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses in the above-captioned divorce action, JAMES, SMITH, DURKIN & CONNELLY LLP Date: 3 "e) u J _ By: J hn Conne , Jr„ Esquire ttorn for PI 'ntiff l POS fficel3ox 650 Hershey, PA 17033 (717) 533-3280 PA LD, No, 15615 ¦ i . i t ; ` .T ; ? J i ?.n ; r I. ?: , ? ;' Itlii7 f =a (.L i .. ? '" ? :; CJ ? ?-.. ,??„ ?. . ti IN THE COURT O1 COMMON PLEAS OF SUSAN J.GASKILL CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - 1AW VS. : NO.9K- 1211 CIVI.I, 19 IN DIVORCE RONALD L, OASKILL Defendant STA'CUS SIHs'E'1' DATE: ACTIVITIES; v-d - L'-? lil?l X11 ?C`ll?S _ 1 v('111?16 S `11a'1t /ysri> f?11??r/1`t11? ja{1 f 1 l l0 1? 1 Ctt? ?1J) I Y1'1. 4(1 s Z At9e SUSAN J. GASKILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs: NO, 98 - 1211 CIVIL , RONALD L. GASKILL, ; Defendant ; IN DIVORCE T0; John J. Connelly; Jr, Attorney for Plaintiff Richard C. Gaffney Attorney for Defendant DATE; Friday, June 29, 2001 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. ['11 Y (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 RE'T'URNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. J4Ni(:5 $\II I I I IX ?.RKIN )NNI I I,r I.I I' John J.('annully"Ir. JJeJr(eJx[Ilugnl-cnm Pobruary 15, 2002 iI E. Robert Elicker, 111, Esquire Cumberland County Divorce Master 9 North Hanover Street } Carlisle, PA 17013 Re: Susan J. Gaskill v. Ronald L. Gaskill ` No. 98 - 1211 Civil Term i Dear Mr. Elicker: iF. Crow Enclosed you will find two fully executed copies of the Property Settlement i";,t S MI I? Agreement in the above-referenced matter, c????r?or? ,. J„_ J YFvm is HT A Im 111-f 11 ('K It is my understanding you will have the Master's appointment vacated and will O;1;wfi, K. Pocrinnrv Pocjo(,[ notify us when that is completed. I will then forward the necessary paperwork to finalize ,?" NI K115 the divorce action. of MA" () ui.•wNI M,uiy Fnsinno F'. S[.nnf:n N, I[ W. Ywui Very trui 'ours, HE FINAROA HIM Jn. , ,?t [,ouHS,ei Atj[npr w NI HnBHi>1 i Johl J. Connelly, Jr. i JJC;jlk cc: Courtney L. Kishel, Esquire Susan J. Gaskill Enclosures [ r i E' , OFFICE OF DIVORCE MASTER CUMBERLAND 000NI Y COURT OF COMMON P1 FAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer office Manager/Reporter West Shore 6970371 Ext. 6535 October 8, 2001 John J. Connelly, Jr., Esquire JAMES, SMITH, DURKIN Et CONNELLY P.O. Box 650 Hershey, PA 170330650 Richard C, Gaffney, Esquire 2120 Market Street, Suite 101 Camp Hill, PA 17011 RE: Susan J. Gaskill vs. Ronald L. Gaskill No. 98 - 1211 Civil In Divorce Dear Mr. Connelly and Mr. Gaffney: Mr. Connelly indicated that he needed financial information from the Defendant and that the discovery requested should take approximately sixty days. Mr. Connelly's discovery certification document was dated July 9, 2001, Mr. Gaffney has indicated that discovery is complete. A divorce complaint was filed on March 5, 1998, raising grounds for divorce of irretrievable breakdown of the marriage and indignities, I am going to assume that grounds for divorce are not an issue and that the parties will either sign affidavits of consent or have been separated for a period in excess of two years. The complaint also raised economic claims of equitable distribution, alimony, alimony pendente late, and counsel fees and expenses, In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, November 2, 2001. Upon receipt of the pretrial statements, I will immediately schedule a pre hearing Mr. Connelly and Mr'. Gaffney, Attorneys at Law 8 October 2001 Page 2 conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Flicker, 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, JUL Z 6 20D? SUSAN J. GASKILL, IN THE. COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs, s NO. 98 - 1.211 CIVIL ; RONALD L. GASKILL, o Defendant ; IN DIVORCE T0; John J. Connelly, Jr. Attorney for Plaintiff Richard C, Gaffney Attorney for Defendant DATE; Friday,, June 29, 2001 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. SEE ATTACHED. I k i , t f' I (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery, = ATTACHED. WU? F DATE FOR PLAINTFF ` FOR DEFEND T (? i 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 DISCOV.ERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PART`i 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 ('l) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. Itc; Gaskill v, Oaskill (a) _I.n order to complete discovery, the Dclbndant must supply existing financial infirrmation including most recent lax returns, income inlormation and the status ol,existing marital assets, (b) Discovery of this information should take approximately sixty (GO) days. JUL 1. 2 2001 SUSAN J. GASKILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO, 98 - 1211 CIVIL RONALD L. GASKILL, Defendant IN DIVORCE TO: John J. Connelly, Jr. Attorney for Plaintiff Richard C. Gaffney Attorney for Defendant DATE: Friday, June 29, 2001 . 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, i 1 (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery, ATE C UNSEL FPLAINTIFF NOTE: COUNSEL F DEFENDANT ( vI 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. SUSAN J. GASKILL, Plaintiff ) NO. 98-1211 CIVIL TERM V. ) IN DIVORCE. RONALD L. GASKILL ) Defendant ) DEFENDANT'S MOTION FOR APPOINTMENT OF MASTER AND NOW, this 20°i day of June 2001, comes Ronald L. Gaskill, Defendant, by and through his attorneys, TttE LAW Ot>riccs of RictiARD C. GAFFNEY, who moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment O Support (X) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of this motion states: 1. Discovery is complete as to the claims for which the appointment of a master is requested. 2, The plaintiff has appeared in the action by her attorney, John J. Connelly, Jr., Esquire. 3, The statutory grounds for divorce are 23 Pa.C.S. §3301(a), (c), and (d). 4. The action is contested with respect to equitable distribution of marital property and alimony. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take approximately one-half day, Court to appoint a ??astcr ectfully reyttcsts the the pefcndant resp erty and alimony. WNRprOR of the Prop with respect to divorce, distribution Submitted. Respectfully yhel, EsQuire CourtneY for fcndant pate Attorney f C. GAPFNGv TNt: LAw OPFtcrs Op RicttARn Suite 101 2120 Market Str 11011 Camp 13111, P 11.915.9033 Tcwhope' Y OF SrIMCF. CFR'1'IFICATE COPY of cc ,"y that 1 am serving a true and correct 1 Kishel, Esquire, hereby " hire, couns 1, Courtney Connelly, Jr„ Gsq Motion for APP el for plaintiff, ointment of Master on John J hin County, PA 17033, by whose office is located at P.O. pox 650, Hershey, pauP Prepaid, on this 20th day depositing a copy of the same in the United Stales mail, postage of June 2001, addressed as above, IN THE COURT OF COMMON PLEAS ('UMBERLAND COUN'T'Y, PENNSYLVANIA SUSAN if. GASKILL, ) Plaintiff ) NO. 98-1211 CIVIL TERM ) V. IN DIVORCE RONALD L. GASKILL Defendant ) ORDER OF COURT 'ILL AND NOW, this day of'. ` ?ta-- , 2001, Robert Flicker, Esquire, is appointed master with respect to the following claims: Divorce, Fquitable Distribution of Property, and Alimony. By the Court: j 11?n44^N P .J. SUSAN J. GASKILL, ) Plaintiff ) NO. 98-1211 CIVIL TERM V. ) IN DIVORCE RONALD L. GASKILL ) Defendant ) DEFENDANT'S MOTION FOR APPOINTMI, NT OF MASTER AND NOW, this 20"' day of,lune 2001, comes Ronald L. Gaskill, Defendant, by and through his attorneys, fm;, LAW 0H ACES of RICHARD C, CAFFNFY, who moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Properly ( ) Annulment ( ) Support (X) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lfte ( ) Costs and Expenses and in support of this motion states: I. Discovery is complete as to the claims for which the appointment of a master is requested. 2. The plaintiff has appeared in the action by her attorney, John .1. Connelly, Jr., Esquire. 3. The statutory grounds for divorce are 23 Pa.C,S. §3301(a), (c), and (d). 4. The action is contested with respect to equitable distribution of marital property and alimony. 5. The action does not involve complex issues of law or fact, 6. The hearing is expected to take approximately one-half day, WI IERFFORE, the Del'cndatit respectfully requests the Court to appoint a master with respect to divorce, distribution of the property and alimony. Respectfully Submitted, Date; LLui u ? I t LL`: ? X--- Courtney L. shcl, Esquire Attorney lbr 1 ?lcndant 'fill: LAW OFFICBS OI' RICIIARD C• GAFFNEY Suite 101 2120 Market Street Camp Hill, PA 17011 "Telephone: 717.975.9033 ` ,1. l? I I f I I i ' CER,m cA'm OF SERVICE, I, Courtney L, Kishel, Esquire, hereby certify that I am serving a true and correct copy of Motion for Appointment of Master on John J.Connelly, Jr., Esquire, counsel for Plaintiff, whose office is located at P.O, Box 650, Hershey, Dauphin County, PA 17033, by depositing a copy of the same in the United States mail, postage prepaid, on this 20th day of June 2001, addressed as above. l( . t` ?24IZ4, J( e_ . Courtney L. Ki,hel, Esquire Attorney for Defendant I r ...? t?. - 1.1 I.I 14. - ? ' ? ' _ ) . ? _? ..? SUSAN J. GASKILL I IN THE COURT OF COMMON PLEAS OF V : CUMBERLAND COUNTY, PENNSYLVANIA RONALD L. GASKILL : NO. 98-1211 CIVIL TERM ORDER 211, COURT AND NOW, this 7 14h day of OCTOBER, 1998, upon consideration of the attached Motion to Stay Divorce Action, IT IS ORDERED AND DIRECTED AS FOLLOWS: (1) A Rule is issued against Defendant to show cause why the requested relief should not be granted. (2) Defendant shall file an answer to the Motion within fifteen (15) days of service. (3) The Motion shall be decided under Pa. Rule of Civil Procedure 206.7. (4) Any depositions shall be completed within thirty-five (35) days of this order.. (5) Briefs shall be filed in chambers and argument shall be held on FridA... of the Cumberland County Courthouse, Carlisle, pa. (6) Notice of the entry of this order along with a copy of the Motion shall be provided to all parties by Plaintiff. Jeannie E. Friday, Esquire By the ourt, 410 Old York Rd. Jenkintown, Pa. 19046 CLJ2l.t d -ASlw?-t? John J. Connelly, Jr., Es u a yy P.O. Box 650 q Edward E. Guido, Judge Hershey, Pa. 17033 :sld f v IA I To LAW OFFICE YOU ARE H[R[BY NOT 'VIED TO PLEAD TO THE ENCLO490 WITHIN JAMES, SMITH, DURKIN & CONNELLY TWENTY 1201 DAY[ OF SERVICE NFRT N A DEFAULT JUDGMENT MAY OF ENTERED AGAINST YOU P. O. BOX 650 By ATTORNEY FIERSHR, PENNSYLVANIA 170370650 WE HEREBY CERTIFY TIIAT rH[ WITHIN H A TRUE AND CDRMECT COPY OF THE w_ ORIOINAL PILED IN THIS ACr1IICT • 11 ?I ? BY .. ATTORNEY SUSAN J, GASKILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 98-1211 CIVIL RONALD L. GASKILL, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER AND NOW, this day of 1998, upon consideration of the foregoing Motion to Stay Divorce Action Filed by Plaintiff Pursuant to Pa,R,C,P. 1920,6, it is hereby ORDERED and DECREED that an Order is hereby entered directing that the divorce action filed by Defendant, Ronald L. Gaskill, in Bucks County, Pennsylvania be stayed pending final determination of the divorce matter in Cumberland County, Pennsylvania, BY THE COURT: J. ?I distribution: Jeannie E. Friday, Esquire, 410 Old York Road, Jenkintown, PA 190461 John J, Connelly, Jr., Esquire, P.O. Box 650, Hershey, PA 17033 SUSAN J. GASKILL, Plaintiff V. RONALD L. GASKILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-1211 CIVIL CIVIL ACTION - LAW IN DIVORCE MOTION TO STAY DIVORCE ACTION FILED BY PLAINTIFF PURSUANT TO.PA.R.C.P. 1920.6 AND NOW COMES, the Plaintiff, Susan J, Gaskill, by and through her attorney, John J, Connelly, Jr„ Esquire, and files the following Motion to Stay Divorce Action Filed by Plaintiff Pursuant to Pa.R.C.P, 1920,6, and in support thereof, avers as follows: 1. On March 5, 1998, Plaintiff, Susan J. Gaskill, filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania containing five (5) counts averring that the marriage is irretrievably broken and the that the parties have been separated since November 17, 1996. 2. The Defendant, Ronald I., Gaskill, avoided service of the Divorce Complaint and said Complaint had to be reinstated on two occasions, on May 5, 1998 and again on June 17, 1998, and was subsequently served on the Defendant on June 22, 1998, 3, On March 24, 1998, Defendant, Ronald L. Gaskill, filed a Complaint in Divorce in the Court of Common Pleas of Bucks County, Pennsylvania, alleging the marriage is irretrievably broken, 4. Pennsylvania Rule of Civil Proceduro 1920.6 provides that "if, within ninety (90) days of service of the Complaint, a second action is brought in another county and one of the two counties is the county in which the last family domicile was located and in which one of the parties continues to reside, the court of the county of the last family domicile shall determine, based upon the purposes of the Divorce Code, which of the two actions shall be stayed and which shall proceed". 5. The Cumberland County Court of Common Pleas retains jurisdiction to determine which of the two actions shall be stayed and which shall proceed for the following reasons; A. Ronald L. Gaskill filed his Divorce Complaint in Bucks County within ninety (90) days of service of Susan J. Gaskill's Divorce Complaint which was filed in Cumberland County, Pennsylvania. B. The last family domicile of the parties was 3522 Beech Run Lane, Mechanicsburg, Pennsylvania 17055, C. Susan J, Gaskill continues to reside with the parties' children at the marital residence at 3522 Beech Run Lane, Mechanicsburg, Pennsylvania 17055. D, Ronald L. Gaskill resided in Cumberland County, Pennsylvania until February of 1998, when he moved to Doylestown, Bucks County, Pennsylvania, E. With the exception of Ronald L. Gaskill's pension, all of the marital estate is located in Cumberland County, Pennsylvania, F. Ronald L. Gaskill's filing of a Divorce Complaint in Bucks County, Pennsylvania will result in a waste of judicial time and facilities as well as increasing the burden and expense to Susan J. Gaskill, who Is on disability. This is contrary to one of the purposes of the Divorce Code which is to "effectuate economic justice between the parties who are divorced, separatod...and to ensure a fair and just determination in settlement of their property rights." 23 Pa.C.S.A. §3102(A)(6). G. On April 20, 1998, counsel for Susan J. Gaskill, John J. Connelly, Jr., Esquire, sent a letter to Defendant's counsel, Caron P. Graff, Esquire, advising the Mr. Gaskill avoided service and that jurisdiction was clearly in Cumberland County, Pennsylvania. As of the date of this Motion, Defendant has riot withdrawn his Complaint in Divorce in Bucks County, Pennsylvania. WHEREFORE, Plaintiff, Susan J. Gaskill, respectfully requests that your Honorable Court enter an Order directing that the divorce action filed by Defendant, Ronald L. Gaskill, in Bucks County, Pennsylvania be stayed pending final determination of the divorce matter in Cumberland County, Pennsylvania. Date: 1 I? ?1 11 K By: Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY J tt ney for Plaintiff Post fice- ox 656,_._ Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 VERIFICATION John J, Connelly, Jr„ Esquire, represents that he is the attorney for the Plaintiff, Susan J. Gaskill, In this case and is familiar with the facts concerning the parties, and that due to the unavailability of the Plaintiff, he verifies that the statements made in the foregoing Motion to Stay Divorce Action Filed by Plaintitf Pursuant to Pa.R.C.P. 1920.6 are true and correct. Ile understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date; q ! , I SUSAN J, GASKILL, Plaintiff V. RONALD L, GASKILL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-1211 CIVIL CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, John J, Connelly, Jr„ Esquire, of James, Smith, Durkin & Connelly, attorney for the Plaintiff, Susan J. Gaskill, hereby certify that I have served a copy of the foregoing Motion to Stay Divorce Action Filed By Defendant Pursuant to Pa.R,C,P. 1920.6 on the following on the date and in the manner indicated below: PERSONAL HAND DELIVERY Jeannie E. Friday, Esquire Akbari & Graff 410 Old York Road Jenkintown, PA 19046 DATE: I` _ By: JAMES, SMITH, DURKIN & CONNELLY Jo n J: Com elly, Jr., Esqu Att rn?y for laintiff l 'Post Office box 650 Hershey, PA 17033 (717) 533-3280 PA I,D, No, 15615 9 r TO LAW OFFICE YOU ANL NLNL9Y NOTIPILOTO PLLAO TD THE ENCLOSED WITHIN TWENTY TY 120) DAYS OF SLAV CL HEREOF 1 HEREOF ON JAMES, SMITH DURKIN & CONNELLY HIM98Y CERTIFY CONNECT THAT COTHE PYWITHIN THE A DEFAULT JUOOML11P1?tKNT9!IED ?^, WIAINSFII,ED IN THIS ACTION. AOAINLT YOU 11. O, BOX 650 NY LY _?__?_ __._. ? ATTONNfYJ^ •^? nDAUfY - HERS11EY, PENNSYLVANIA 17033-0650 SUSAN J, GASKILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 98 - 1211 CIVIL RONALD L. GASKILL, CIVIL ACTION - LAW Defendant IN DIVORCE AECIPE i Please reinstate the above-captioned divorce action on behalf of the Plaintiff, Susan J, Gaskill, JAMES, SMITH, DURKIN & CONNELLY t Date: By: h J. C nn Ily, Jr., Esqui A for ey fbr- laintiff \ 10$=112 Walnut Street _ Harrisburg, PA 17101 (717) 238-4776 PA LD, No, 15615 1 t; 1 E L.,, c, ?_: ?. ky.) s F TO LAW OFFICE YOU ARE HERESY NOTIFIED TO PLEAD TO WE HERESY CERTIFY THAT THE WITHIN 19 INS ENCLOSED WITHIN JAMES, SMITH, DURKIN & CONNELLY A TRUE AND CORRECT COPY OF THE TWENTY 1201 DAYS O A[1ILVIC[ HEREOF OR A011Wrm...•PIL(D IN THIS ACTION. A DEFAULT JUD6MEH ENTERED -[)-.'BOX 650 AOAINRT YOU. EY ---- `ATiOAN[Y SY erroRNiY HERSHEY, PENNSYLVANIA 17033.0650 SUSAN J. GASKILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 98 - 1211 CIVIL RONALD L, GASKILL, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE Please reinstate the above-captioned divorce action on behalf of the Plaintiff, Susan J. Gaskill, JAMES, SMITH, DURKIN & CONNEL.LY Date: By; * l y, Jr., E intiff Atto 108-112 Walnut Street Harrisburg, PA 17101 (717) 238-4776 PA I,D, No, 15615 ti Lr: `if ev? l G.tt' r7 cys . (bill ('1;-,C.:fr,""-, NANCY AKIIA NI. 4:N W.' CA 144 IN I t ONA F'P, NNU. r ' ,INANNIM.. R, MNIHNY. NNU. ' AIA11 A HM IT 1'NI I TO N Y IIA If • AIA(I AI1111 TTKII P I N.I RAN "AI AIR A PNI9IKII TII III' IIAN AKIiA1.1 & (}114114' LAW 111011,14,11: 410(11,11 YANK NIIAII .1 NN If IN'1'1 IW N, I-A INU46 IV 16. 1179.11 WIN FAX 191IN 1179-NJ 71 November 5, 1998 VI F AND FIRST CLASS MAIL #71.7-240-6462 The Honorable Edward Guido Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Res Gaskill v. Gaskill PACSES Case Number 901100370 Dear Judge Guido: I'1111.AUNLPINA nMMICN, WIIAAAAI PNNN IIUI IH4: A01'IYU UIS 111111(III NN'1'NI IT AT 1'IIII.A„ PA 111103:1401 ly 1 M1I MIN-M1NM1II Enclosed please find a time-stamped copy of our Praecipe to Withdraw the Divorce Complaint in Bucks County in the above- referenced case. Also enclosed is a copy of our letter dated October 20, 1998 to the Prothonotary of Cumberland County. Therefore, we request that the hearing in the above-referenced matter scheduled before your Honor on November 13, 1998 be, cancelled. Respectfully submitted, CARON P. GRAFF CPG/je Enclosures cc: John J. Connelly, Jr., Esq. Ronald Gaskill AKBARI & GRAFF BY: Caron P. Graff, Esquire Attorney for Plaintiff Attorney I.D. No. 48043 410 Old York Road Jenkintown, PA 19046 }. (215) 572-6868 ?t IN THE COURT OF COMMON PLEAS OF BUCKS COUNTY, PENNSYLVANIA FAMILY DIVISION RONALD L. GIASKILL r NO. A0698-60998-D-22 403 South Main Street : Apt. H-201 s Doylestown, PA 18901 :. i S.S. # 108-44-9142 s Vs. s s SUSAN L. OASKILL : 3522 Beech Russ Lane s Mechanicsburg, PA 17055 s S.S. # 380-48-3598 s IN DIVORCE PRAECIPE TO WITHDRAW DIVORCE COMPLAINT i TO THE PROTHONOTARY: Kindly withdraw the Divorce Complaint filed in the above- captioned matter on March 24, 1998. RespecEfully submitted, . 64?'? Aw& I CARON P. GRAFF, IRE Attorney for Pla !tiff IY Vii. AKBARI & G12AP'P NANCY AKRARI, XSO.• LAW o1P.FI010 CARON P ORA". Ea, UO OLD YORK ROAD JA - PI LPIIIAOY'PICB, JEANNIE C. FRIDMY, lraQ. JKNKIN TOW N. PA I9046 U M WILLIAM PAWN IIOVB6 9V/TA 109 'Al1WA0MITTUL,W MR - (115) 5724190a 1919CH8RTNVTRT . AUW AUMITTpL'M NJ Mp FAX Ig16167p.X?76 PIIII A., PA 1010"401 "'AlJl1 AOMITTL)TU DO Mp 1916166&6860 October 20, 1998 comer Prothonotary Court of Common Pleas of Cumberland County 13 N. Hanover Street Carlisle, PA 17013 Rat Gaskill v. Gaskill PACSES Case Number. 901100370 Dear Sir/Madam: Enclosed please find a time-stamped copy of our Praecipe to Withdraw the Divorce Complaint in Ducks County in the above- referenced case. Very truly yours, CAR ON P. GRAFF CPG/je Enclosure CC: John J. Connelly, Jr., Esq, Ronald daskill CARON P. GRAFF, ESQUIRE Attorney I.D. No. 48043 AKBARI & GRAFF 410 Old York Road Jenkintown, PA 19046 (215) 572-6868 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION SUSAN J. GASKILL s NO. 98-1211 CIVIL V8. RONALD L. OASKILL i s s s s s s N 0 T I C E CIVIL ACTION - LAW IN DIVORCE. If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit- has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 330l(d) OF THE DIVORCE CODE I. The parties to this action separated in November, 1996, and have continued to live separate and apart for a period of at least two (2) 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 staments here?'n are made subject to the penalties of. 18 Pa. C.S, Se tion 4904 relating to unsworn falsification to authorities, i Date; 5 jl(,e -.GL Ro iald L. Cas ill. I 10 YOU ARE HEREBY NOTIFIED TO PLEAD TO LAW ONPICI4 THE ENCLOSED WITHIN JAMtS, SMITH, DURKIN& CONNELLY, LLP AETRUEE ANDS CORRECTTCOPYWOF ITHINTHE TWENTY 1901 DAYS OF SERVICE HEREOF OP A DEFAULT JUDOMENt MAY DG ENTERED , ORIGINAL FILED IN THIS ACTION ADAINNY. YOU. P. G. BOX 6.SU ' By -__.-11 -- AFIORNEY HERSHEY, PENNSYLVANIA I''M3-06511 AtTORNEv SUSAN J. GASKILL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. RONALD L. GASKILL, Defendant NO. 98.1211 CIVIL CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIYOBCFLSDE 1, Check either (a) or (b). -_(a) I do not oppose the entry of a divorce decree. X` (b) I oppose the entry of a divorce decree because (Check (1), (H) or both); - (i) The parties to this action have not lived separate and apart for a period of at least two years, 01) The marriage is not irretrievably broken. 2. Check either (a) or (b); _(a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees of expenses if I do riot claim them before a divorce is granted, _X_(b) I wish to claim economic relief which may Include alimony, division of property, lawyer's fees or expenses of other important rights. I verify that the statements made in this counter affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 19 Pa,C,S. 4904 relating to unsworn falsification to authorities, Date: 1 LA i '•?:_Y??? Susan J. Gaskid, Plaintiff NOTICE: IF YOU nn NOT WISH TO OPPOSE THE E T Y F A FOB R?nNnQREEA NDcYOU DO _NOT WISH TO MAKE ANY CLRIM s r, L, C\J ? - I CT\ rop, I . i??lt?¦i I lrAblhti 5\II I1 I Jh RKIN & O NNITI 1" I.I'l, I I John L Connelly, Jr. JkJr(vJ4dlega1 com 1 September 28, 2001 { Traci Coyler Office of (lie c I Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 ri Re: Gaskill v. Gaskill Dear Traci: E G.,r„ I J,,ra klns J. $dmi, JR. Mr. Gaskill's atton)cy has supplied the with the information I need and discovery KnnFrr[)JcIjri JOHw J. Coping I.I r, JET is now complete, Please schedule this matter at your earliest convenience. SN4Rr NI til,,r,rr,,,, Srt v!mr A Sruir JOHN J MCNALL 111 Very truly ours, Scorr A REM HEek Om:merK RunwRin; r RulFIARDI. Dmn.Frr f? Sumn M KAN I_ J.urno W Finnn! aeon I Dor;rv.i M. Nhw.irr ' I 6ownm?l' SF.[uerc Jol J Connelly, Jr, JJC,jlk cc: Susau Gaskill I k" JAMIiSSN11II I DURKIIN & CONNI'J LY I.LI' l John 1. Connelly, Jr. ' )JcJr(iijsdluynl.cunr y July It, 2001 1 I ; E, Robert Elicker, III, Esquire Cumberland County Divorce Master ' 9 North Hanover Street Carlisle, PA 17013 Re: Gaskill v. Gaskill No. 98 - 1211 Civil Term Dear Mr. Elicker: Enclosed you will find the signed Discovery Certification in the above-referenced * I 1 NL?? J tirFF?.J?? t matter. - h},nrn Dunkn? Jbllt-,J COMNCLI Jn BFLAItl J. Nl V II'Ll jJn tru rs SrFVFrln Sn9: y You ' Jowl j NI -hhu'F. Ill Scorrn oin nnr.r. pic;inw I DA, 11111 j Su9-AN Ni. VA )I I Connelly, Jr. Dni JIIA M Nu i.I III - EOwnno P- SFeoen ?- JJC jlk I Enclosure 1 ' i i IN TILE' COURT Of COMMON PLEAS CUMBERLAND COUN'T'Y, PENNSYLVANIA SUSAN J. GASKILL, ) Plaintiff ) V. ) RONALD L. GASKILL ) Defendant ) NO. 98-1211 CIVIL. TERM IN DIVORCE ENTRY OF APPEARANCE To the Prothonotary of Said Court: Please enter my appearance as counsel in the above-captioned matter for the defendant, Ronald L, Gaskill. Pa. ID# 81 of 7'he Law Offices of Richard C. Gaffney 2120 Market Street, Suite 101 Camp Flill, PA 17011 (717)975.9033 .,... -- - 'Ji '; _ .. .. 1)R 25899 PACSES 11) 9011003711 SUSAN J. GASKILL, : IN'TIII: COURT OI' COMMON PLEAS Plaintiff/Petitioner : CUMBERI AND COUNTY, PENNSYLVANIA VS. DOMESTIC RELA'T'IONS SEC'T'ION CIVIL ACTION - LAW RONALD L. GASKILL, Defendant/ Respondent NO. 98-1'211 CIV11, TERM ORDER OF COURT AND NOW, this 5" day of October, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $N/A and Respondent's monthly net income/earning capacity is $N/A, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $1,302,00 per month payable semi-monthly as follows; $1,302.00 for alimony pendente lite and $0.00 on arrears. First payment due on next pay (late. Arrears set at $2,379.36 as of October 5, 2001. The effective date of the order is June 29, 2001. This order is based upon an agreement of the parties. Ilusband is to offer a payment plan on the retroactive arrears within five clays upon receipt ofthis order. Failure to make each payment on timc and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SC'DU to; Susan J. Gaskill. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SC'Dl1 11. 0. Box 69110 Harrisburg, PA 17106.9110 Payments must include the defendant's PACSES Mcmber Number or Social Security Number in order to be processed, Do not send cash by mail. Respondent to provide medical insurance coverage, This Order shall become final ten days alter the mailing of the notice of the entry of the Order to the parties unless either party tiles it written demand with the Prothonotary for a hearing de novo before the Court, DRO: R. J. Shaddav Mailed copies on Petitioner 108.01 to: a Respondent - John Connolly, Jr., Esquire Joanne Prldoy, Esquire BY THE COURT, Kcv' A, lless J, „-. 4 w ORDER/NOTICE. O WITHHOLD INCOME FOR SUPPORT State ..Cprnmonwealth pjpennsvly? O Original Order/NoWe Co./City/Dist, of CUMBERLAND J 0 Amended Order/Notice Date of Order/Notice 10/08/01 O lorminate 0rdor/Nulin Court/Case Number (See Addendum for case summary) F.mpioyerftilhholdor'u Federal EIN Nun0wr AMERICAN FARM BUREAU FEDERATIO Employer/Wilhholder's Name 225 TOUHY AVE EmployerfWithholder's Address PARK RIDGE IL 60068-4202_ l R6 GA$KILL1.- RONALD L. I Employee/0hh90r'ti Nam, flasl, FinN, Nth 108-44-9142 1 I mployee/Obligor's Social Serurlly Numlx-r 8421000024 _ 1 Employee/Obligor', Case. Idenliflrr -' I (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent'. Name (Last, First, Nil) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 302 . 00 per month in current support $ o. 00 per month in past-due support Arrears 12 weeks or greater? Dyes 0 no $ 0, 00, per month in medical support $ - 0.00 per month for genetic test costs $? _per month in other (specify) for a total of $ 1, 302 , 00 per month to be forwarded to payee below, You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ Soo . 46 per weekly pay period. $? 6oo. 92 per biweekly pay period (every two weeks). $_ 651. oo per semimonthly pay period (twice a month). $. 1. 302. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the d of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are en ed to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for e the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information i needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1.877.676.9580 for Instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE. PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: OCT 8 2001 Service Type M Mj ?h.Rt ` OVII4 i.? enTwi? J Iq 1411 a II„In', Il,L4,11 Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If checked you are required to provido a crgty of this font to your employee, 1. Priority: Withholding under this Order/Notice has priority over any other legal process' under State law against the, same Income. Federal tax levies in effect Mafore rere.ipt of this order have priority, If there are federal tax levies in efface please contact the requesting agency lined below. 2. Combining Payments, You can combine withheld amounts from nuee than one enployee/obligor's iw onw In a single payment to each agency requesting withholding. YOU nowt, however, separately identify the portion of the single payntrmt that is attributable to eu h employee/obligor, 7.' Reporting -the-Paydate/Datenf Withholding: You must report thepaydate/date. Mwithholding when sending the payment. 1'hr paydate/date of withholding is the date on which amount was withheld from the employee's wages: YOU must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the Support payments. 4,' Employee/Obligor with Multiple Support Holdings: If them is more than one Order/Notice to Withhold Income for Support against this employee/ohligor and you are unable to honor all support Order/Notices clue to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place, of employntnnt. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: YOU must promptly notify the. Requesting Agency when the employee/obligor is no longer working for you. Please provide the Information requested and return o copy of this Order/Notice to the Agency Identified below. WITHHOLDER'S ID: 3607251600 EMPLOYFE'S/OBLIGOR'SNAME: _ OASKILL, RONALD L. EMPLOYEE'S CASE IDENTIFIER: 8421000024 ___ DATE Of SEPARATION:- LAST KNOWN HOME ADDRESS: -_- NEW EMPLOYER'S NAME/ADDRESS: 6. LUMP Stun Payrnents: You stay he required to report and withhold from lump stint payments such as honuses, commissions, or severance pay, if you have any questions shout lump aunt payments, contact the person or authority below. 7, Liability: If you fail to withhold inconne as the Order/Notice directs, you are liable for tenth the acrtnnulated amount you should have withheld from the employee/ohligor's income. and other penalties set by Pennsylvania Stale law. Pennsylvania State law governs unless the obligor Is employed in another State, in which case the law of the Slate in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless tits obligor is employed in another State, in which rase the law of the State in which he or she Is employed governs, ' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 (b)1; or 2) the amounts allowed by the State of the entployee's/ohligor's prim ipal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions WHIM: State, Federal, local taxes; Social Security taxes, and Nlecli(are taxes, 10. 'NOTE; If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: DOMESTIC RELATIONS SECTION 121, HANOVER ST P.0, BOX 320 __ CARLISLE P 1A 7013 - - If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at L717) 240-6248 or by Internet Service Type M Page 2 of 2 MAIN,. tinso.n ua Iepimtlim lbtln, i1/il/nn Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DASKILL, RONALD L. PACSES Case Number 9011oo3'1 o?,{!i PAGES Case Number Plalntiff Name PlahLiti f Name SUDAN J. aASKILL Pw et Attachment Amount Docket Atlaehntenl Amount 1141 S 96 $ 1,302.00 $ 0.00 Child(ren)'s Name(s): DOB ChildheN'5 Name(s); DOB JBINNIFBR S. GASKILL 06/16/110 ?lf checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name pocket Attachment Amount $ 0,00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above lit any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket. ttac ,mmAmount $ 0.00 Child(ren)'s Name(s); DOB ? If checked, you are required to enroll the ch'ild(ren) Identified above in any health insurance coverage available through the employee's/ohllgor's employment. PAC$E$ Case Nt?iber Plaintiff Name Doc: e( ARat?hment / nmount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health Insurance coverage available through the, employee's/ohligor's employment. PACSES Use Number Plaint'( Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s); DOB ? If checked, you are required to enroll the child(ren) _ ? If checked, you are required to enroll the child(ren) dentified above lit any health insurance coverage available identified above in any health insurance coverage available through the employee's/ohligor's employment. through the employee's/ohllgor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT o?en>mr.nvmni;.1 tvpmlll nay:IIn100 ' j? i : cl. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOSIESI'IC RELA'T'IONS SEC 10% 13 N. nANOVER SI', P.O. BOX Ro, CARLISLE, PA. 17613 Phones (717) 240.6225 Fax; (717) 240-6249 Defendant Name; RONALD L. GASKILL Member ID Number: 8421000024 Please rule: All owrestmidenre nntvt Include the Ntunber ID Nunther, MODIFIED ORDER OF ATTACHMENT OF UNEMPLOYMENT BENEFITS Financial Break Down of Multiple Cases on Attachment PACSES Docket IWChntc I Anlnunl/Trot e t flalml" mq Cave ul her l`,lul»hc? ?! llienu SUSAN J. nASKILL 901100170 14444-0-4@ - $ 1,302,00 /MONTH ??_?pr/ Plfi? ? l s / 'fURU,KITACIIXIF:N'I'AMOU\11 S 1,30.'..00 Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment Compensation Benefits and Allowances (BUCBA), is hereby directed to attach the lesser of $ 300.46 per week, or 50.0 %, of the Unemployment Compensation benefits otherwise payable to the Defendant, RONALD L. QASKILL Social Security Number 108-44-9142 , member ID Number 8421000024 . BUCBA is ordered to remit the amount attached to the Department of Public Welfare (DPW), DPW shall forward the amount received from BUCBA to the Domestic Relations Section of this Court for support and/or support arrearages. If the Defendant's Unemployment Compensation benefits are attached by another Court or Courts for support and/or support arrearage, DPW may reduce the amount attached under this Order so that the total amount attached does not exceed the maximum amount subject to garnishment pursuant to 15 U.S.C, S 1673(h)(2) and 23 Pa. C.S. § 4348(g). This Order shall be effer''- ne until the Per Be (1 Benefits dated ?- ?NgyJ BUCB. All questions, ci Court. it of the notice of the Order by the BUCBA and shall remain in loyinent Compensation benefits, under the Application for listed, expired or deferred. iss it is amended or vacated by subsequent Order of this Court. r shall be directed to the Domestic Relations Section of this BY THE COURT Date of Order; OCT 91001 ? A4 JUDGE Form FN-034 Service Type M Worker ID $IATT t r. f !r r! cC? f? r' > iy7 i IN THE COURT OF COMMON PLEAS CUNIRERLAND COU'NT'Y, PENNSYLVANIA SUSAN J. GASKILL, ) Plaintiff ) V. ) RONALD L. GASKILL ) Defendant ) NO. 98-1211 CIVIL TERM IN DIVORCE. DR# 25899 PAUSES ID 901100370 DEMAND FOR HEARING DATE Oh ORDER: October 5, 2001 AMOUNT: $1,302.00 per month; $2,379.36 on arrears FOR: Alimony Pendente Lite REASONS: Defendant. Ronald l,Gaskill. bas been iyinb the new ai octt nt of $1,302.0 0 per niontb as was orclcred b the court, once be obtained new employment, As such, the amount of arrears is in dis cp ate. Party filing demand for hearing: Defendant/ Respondent Ronald L. Gaskill ?? Date:^ Signature:L&Ij ?Q JK. ?_ Courtney 1el, Esquire Attorney for Respondent Law Offices of Richard C. Gaffney 2120 Market Street, Suite 101 Camp I lilt, PA 17011 (717) 975-9033 ?r,ra r.. C}, r} r. i1 L} i.t ?7. IN TILE COURT OF COMMON PLEAS CUMHF.RLAND COUNTY, PENNSYLVANIA SUSAN J. GASKILL, ) Plaintiff ) V, ) RONALD L. GASKILL ) Defendant ) NO, 98-1211 CIVIL TERM IN DIVORCE, DR# 25899 PACSES ID 901100370 CERTIFICATE OF SERVICE 1, Courtney L. Kishel, Esquire, hereby certify that I have served a true and correct co?ry of the foregoing document to the following individuals via United States mail this 17" day of October, 2001 addressed to: Mr. John Connelly, Esquire R. J. Shadday James, Smith, Durkin, & Connelly Domestic Relations Section P.O. Box 650 Cumberland County Court Hershey, PA 17033 P.O. Box 320 Carlisle, PA 17013 Courtney L. s e , Esgt ire Attorney 1D# 81509 Law Offices of Richard C, Gaffney 2120 Market Street, Suite 101 Camp Hill, PA 17011 (717) 975-9033 ?? ? t? ?' FJ, l? ? ? " " t . f ?r ?' ?"? c.> ? c ? f 9 C 4 ,;; ?Q 2 I f,1 L 1 J _ _rY .. 7 r - t ?- [!! i ? ? ?? ? 11. ? fin.? 1.1 ?? /J ? -. ? i 111 lu l] Q U h O 1 I ? fl ? I '! ti?T A N 1 h ) , i r .1 ? ' ?"?yy s • 1l ? ? Fes„ O \ ? ) Fr ?;' P .1E ;a3s S r . . _ r , ; L Q ? Q _ A f3? N?yF S] J, -` _u?i1 ?e=O= 0 • • r 17 i p H ? f a h?• ? i i Y E Z T? M ?? 1 n ' ` v g _ loo /r' ¦ IN T111V COURT OF COMMON PLEAS CUMBh;RLAND COUNTV, PENNSVL.VANIA SUSAN J, CASKILL., ) Plaintiff ) NO, 98-1211 CIVIL TERM V, ) IN DIVORCE RONALD L. GASKILL. Defendant ) ORDER OF COURT 1k, AND NOW, this S day of',._ -1 1lJL___, 2001, Robert !dicker, Esquire, is appointed master with respect to the following claims: Divorce, fiquitable Distribution of Property, and Alimony, By the Court: to Tostinmmy wtR;r x,1, I t F to .!tip r,.r my h, r;f; Iftt1 of spit! l;tx?ri ai G?1111 w, f'a Yilu_ :rday of prothomm(y I 4 1 111 ' 1 .\\\' ?)II I('I!> 1II , RI(;IIAR1) C. GA 1:FN EY October 30, 2001 Master Elicker Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 RE: Gasklll v. Gaskill Cumberland County Court of Common Pleas Docket No.: 98-1211 Dear Master Elicker: Please be advised that at this time I am requesting a two-week extension on the Pretrial Statement deadline, I have discussed this with Mr. John J. Connelly Jr., Esquire, the plaintiffs counsel. It is believed that the parties may be able to negotiate a settlement and may need additional time to do so. Accordingly, we are requesting that the pretrial statements be due on November 16, 2001. Should you have any questions concerning this extension, please feel free to contact me at the number below. Very Truly Yuufs, THE LAW OFFICES OF QICi RLCrFNEY Courtney L. Kish ec: Mr. John J, Connelly, Jr., Esquire Mr. Ron Gaskill I O \I r i tiu:fl 1 . Si rn 101 I III Jr. I'LNN-I'Ik NIA 17011 Tla.el?IltlMl:: 717,97i.QOH • F,v( ?IhIILI: 717.97i,(h)i'1 0IhIIfRNI?T vr?C'W.ItctILA1?SCOMI In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION SUSAN J. GASKILL ) Docket Number 98-1211 CIVIL Plaintiff ) vs, ) PACSES Case Number 901100370 /D25899 RONALD L. GASKILL ) Defendant ) Other State ID Number ORDER AND NOW, to wit, on this 15TH DAY OF MARCH, 2002 IT IS HEREBY ORDERED that the support order in this case be O Vacated or QSuspended or ®Terminated without prejudice or Q Terminated and Vacated, effective MARCH 1, 2002 , due to: THE PARTIES' PROPERTY SETTLEMENT AGREEMENT OF FEBRUARY 13, 2002, DR03 RJ Shadday xc: plaintiff defendant John Comially, Esg.iin5 Courtney Kishel, EsclAre Y, er+rn Arc•,,.. P S. Service Type M BY THE COURT; K An A. Hess J NUDGE Norm OR-504 Worker ID 21005 SUSAN J. GASKILL, : IN THE COURT OF COMMON PLEAS PLAINTIFF/RESPONDENT : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 98-1211 - CIVIL TERM RONALD L. GASKILL, : PACSES ID 901100370 DEFENDANT/PETITIONER : DOMESTIC RELATIONS SECTION PETITION OF RONALD L. GASKILL TO TERMINATE ALIMONY 1. Petitioner, Ronald L. Gaskill ("Ex-Husband"), is an adult individual who currently resides at 3848 Wertz Drive, Woodbridge Virginia 22193. 2. Respondent, Susan J. Gaskill ("Ex-Wife"), is an adult individual who currently resides at 209 Ewe Road, Mechanicsburg, Pennsylvania 17055. 3. The parties were married on April 12, 1975. 4. On March 5, 1998, Ex-Wife commenced the above-captioned Divorce action by filing a Complaint. 5. On February 13, 2002, the parties entered into a Property Settlement Agreement to settle the economic issues arising from the separation and divorce. A true and correct copy of the Agreement is attached here to and incorporated herein by reference as Exhibit "A". 6. On March 6, 2002, This Honorable Court, per The Honorable Kevin A. Hess, issued a Decree in Divorce, which incorporated the Property Settlement Agreement. A true and correct copy of the Divorce Decree is attached here to and incorporated herein by reference as Exhibit «B» 7. Paragraph 48 of the Agreement requires Ex-Husband to pay to Ex-Wife alimony in the sum of $1,302.00 per month. 8. Paragraph 48 provides: The said payments shall terminate upon the earlier of the death of either party or Wife's remarriage or cohabitation. 9. Ex-Wife is currently cohabitating. 10. The alimony should be terminated pursuant to paragraph #8 of the Agreement. WHEREFORE, Petitioner, Ronald L. Gaskill, urges This Honorable Court to terminate the alimony. By: Respectfully NEALON LA"I$'M, PC James G. Nealon, III, Esquire Attorney I.D. 446457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: , o J tP VERIFICATION I, RONALD GASKILL, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: M 7AC-0 ' TV- ,.,y r OCT 74 pppg y SUSAN J. GASKILL, IN THE COURT OF COMMON PLEAS PLAINTIFF/RESPONDENT CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 98-1211 - CIVIL TERM RONALD L. GASKILL, PACSES ID 901100370 DEFENDANT/PETITIONER DOMESTIC RELATIONS RULE TO SHOW CAUSE AND NOW, this /y` day of 47006 , 2009 upon consideration of the Petition of Defendant, Ronald L. Gaskill, to Terminate Alimony, it is hereby ordered that Rule is issued upon the Plaintiff, Susan J. Gaskill, to show cause, if any, that she may have as to why the requested relief should not be granted. Rule returnable Zo da)rafter service. By the Court: 26,09 UC T 1 4 Pi i t Ll.?;1J ul?'?4 i ? A44,( J. s. ?s?,c? SUSAN J. GASKILL, IN THE COURT OF COMMON PLEAS PLAINTIFF/RESPONDENT : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.98-1211- CIVIL TERM RONALD L. GASKILL : PACSES ID 901100370 DEFENDANT/PETITIONER : DOMESTIC RELATIONS SECTION ANSWER TO PETITION OF RONALD L. GASKILL TO TERMINATE ALIMONY 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted that on February 13, 2002, the parties entered into a Property Settlement Agreement to settle the economic issues arising from the separation and divorce. Denied that a true and correct copy of the Agreement was attached here to and incorporated herein by reference as Exhibit "A". 6. Admitted that on March 6, 2002, This Honorable Court, per The Honorable Kevin A. Hess, issued a Decree in Divorce, which incorporated the Property Settlement Agreement. Denied that a true and correct copy of the Divorce Decree was attached here to and incorporated herein by reference as Exhibit "B". 7. Admitted 8. Admitted 9. Admitted. 10. Denied. The alimony should be continued due to Plaintiff/Respondent's permanent disability status since 1997. Plaintiff/Respondent's disability is a direct result of approximately 20 years of physical abuse that she sustained by Defendant/Petitioner in which she has permanent nerve damage in her arms, hands and legs due to multiple and repeated trauma caused by the Defendant to her head, neck and back. Plaintiff/Respondent has endured eight surgeries performed at Johns Hopkins Hospital to try to repair her spine and years of physical therapy to regain use of her arms and hands as a result of the abuse she suffered and now has a spinal cord stimulator implanted in her spine and is on several medications for pain management. Plaintiff/Respondent has lived alone in her own apartment since 2000. In January, 2009, Plaintiff/Respondent began having significant pain and weakness In her neck, arm, back and leg. She was unable to care for herself for a period of about 5 weeks. C. Plaintiff/Respondent has not had health insurance since her divorce in 2002. Due in part to mounting medical bills as well as trying to save for the future testing she needs, Plaintiff/Respondent was not able to keep current with her rent payments and utility bills. In May, 2009 her lease was terminated due to non-payment of rent and she had until July 5, 2009 to find another place of residence. There was no money to pay for another apartment at that point. Plaintiff/Respondent has been dating someone since July, 2008 and although no plans of "cohabitation" or marriage were previously discussed, Plaintiff's boyfriend offered for her to move into his house so that she could get back on her feet financially as well as to save for future tests and treatments needed. It was not Plaintiff/Respondent's choice to move out of her apartment at this time and as soon as she is financially able, she will obtain another apartment and move out of her boyfriend's house. Terminating alimony would be detrimental to Plaintiff's health as she is already unable to pay for necessary testing and her health issues are going to be a life long process that she would be in had she not suffered abuse from the Defendant/Petitioner. Respectfully submitted, ar ?U?.o) e<? .?il Susan J. Gaskill 209 Ewe Road Mechanicsburg, PA 17055 (717) 737-1680 Date: ?D VERIFICATION I, Susan I Gaskill, verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. Date: /b 11' ? kill Susan J. Gas THE ,rrli"; OF The P ,.ri.)a.-?_ NOTARY 2009 OCT 29 PM 3: 28 CUwwl%- ,.:'.,l ?L'j' ,jNTY El ]N;3YL\'r N!A SUSAN J. GASKILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 98-1211-CIVIL RONALD L. GASKILL, Defendant IN RE: PETITION TO TERMINATE ALIMONY ORDER AND NOW, this 30' day of November, 2009, hearing on the def'endant's motion to terminate alimony is set for Thursday, January 7, 2010, at 3:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Susan J. Gaskill, Pro Se 209 Ewe Road Mec anicsburg, PA 17055 James Nealon, III, Esquire For the Defendant rlm F: I r?r THE T• 11 ARY 2009 NOV -2 Pik 1: 19 FiEt v;'i1`C?1:`r:i., it SUSAN J. GASKILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 98-1211 -CIVIL RONALD L. GASKILL, Defendant IN RE: PETITION TO TERMINATE ALIMONY ORDER AND NOW, this J* ~ day of January, 2010, after hearing, the court finding that the plaintiff has engaged in cohabitation, albeit under very extenuating circumstances, we are constrained to grant the petition in this case and, accordingly, the obligation to pay alimony pursuant to Paragraph 8 of the agreement of the parties dated February 13, 2002, is VACATED. See Lobaugh v. Lobaugh, 753 A.2d 834 (Pa.Super. 2000). BY THE COURT, 'Susan J. Gaskill, Pro Se 209 Ewe Road Mechanicsburg, PA 17055 ames Nealon, III, Esquire For the Defendant :rlm w (26 , QS l7sa?L Kevin ess°•J. c? 0 -00", M 4 y ? r, MM c SUSAN J. GASKILL, Plaintiff/Petitioner VS. RONALD L. GASKILL, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 98-1211 CIVIL TERM IN DIVORCE PACSES CASE: 901100370 ORDER OF COURT AND NOW to wit, this 8th day of February, 2009, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss their interest in the above captioned Alimony matter pursuant to the Order of January 8, 2010. There is no balance due the Petitioner. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary's Office for a hearing de novo before the Court. C- 0- 17 00 CY 0. 1!? Lli U 'L L U- - ° . D N DRO: R.J. Shadday xc: Petitioner Respondent BY THE COURT: Albert H. Masland, J. Form OE-001 Service Type: M Worker: 21005 ORDERINOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 02/08/10 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number AMERICAN FARM BUREAU FEDERATIO STE 30OW 1501 E WOODFIELD RD SCHAUMBURG IL 60173-5422 98-1211 CIVIL 0Original Order/Notice OAmended Order/Notice X@Terminate Order/Notice OOne-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 108-44-9142 Employee/Obligor's Social Security Number 8421000024 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further n otice even if the Order/Name ij_4ot ,.? issued by your State. $ o. oo per month in current child support `t7 t,, -rl n?rr 1Tt _F -ry $ o.-00 per month in past-due child support Arrears 12 weeks or greater? jes n om $ 0.00 per month in current medical support c!? r? $ 0.00 per month in past-due medical support $ o . oo per month in current spousal support =%-y $ 0. oo per month in past-due spousal support "' rv 'ern $ enetic test costs r month for 0.00 g pe $ o . oo per month in other (specify) N "c $ one-time lump sum payment for a total of $ o . oo per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 0.00 per weekly pay period. $ 0. 00 per semimonthly pay period (twice a month) $ o . 00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. _ BY THE COURT: DRO: R.J. Shadday Service Type M OMB No.: 0970-0154 RE: GASKILL, RONALD L. Form EN-028 Rev.5 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If heck! you are required to provide a copy of this form to your m loyee. If your employee works ina state thatis di Brent rom the state that issued this order, a copy must be provic?edpto your employee even if the box is not chec ed 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments. You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3607251600 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: ED EMPLOYEE'S/OBLIGOR'S NAME:GASKILL, RONALD L. EMPLOYEE'S CASE IDENTIFIER: 8421000024 LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: DATE OF SEPARATION: FINAL PAYMENT AMOUNT- NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-028 Rev.5 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: GASKILL, RONALD L. PACSES Case Number 901100370 PACSES Case Number Plaintiff Name Plaintiff Name SUSAN J. GASKILL Docket Attachment Amount Docket Attachment Amount 98-1211 CIVIL$ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): Service Type M PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 Rev.5 OMB No.: 0970-0154 Worker I D $ IATT