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HomeMy WebLinkAbout98-06735 IJ I I I I j 1 ; 'J ,~ \ j J 1/'/; cu . - 8 . -;#\ ( .~ \ '7\ 6' o t. ~ J! , I l{)i ~I 5I j , abl ITI I 61 z\ \ /,rJil ./,.1 ',j " ;':;r~' / ~/ , ';'I.'l/~'~~ /.' ,;11*,:/ .. I. // r;- ((;' J' ) ,)It' ,J'} :" I /; :'11,'. I ;A','J. ('~/ placed on the record which is going to be Huperceded today by the agreement that will be the final HetLlement between the parties of the economic claimH pending. 1I0weVel" , pursuant to the interim agreement I the r.1ClBter hau in hiB pOBBCfHJion, in escrow, a deed to the marital real eutate dated January 31, 2002, which transfers the title by husband and wife to wife individually, Attorney Clough is going to address the real estate in the agreement and also allow the Master to release the deed which pursuant to the interim agreement was not to be released without written authorization from the Defendant. The agreement that is going to be placed on the record is the final agreement between the parties and is the substantive agreement, which agreement is not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Therefore, the agreement as placed on the record will not be able to be modified by the parties except for correction of typographical errors after the parties leave the hearing room today. The agreement that is being placed on the record is going to be transcribed and the parties and attorney Clough will return later today to review the agreement for typographical errors, After any typographical errors have been corrected, the parties will sign the agreement affirming the terms of settlement which have been placed on the record at this time. The signatul'e of the pal"tie:], however, in not required for this agreement to be considered a valid and binding agreement between the partiefl. (A di!Jcus:Jion war; held oi[ the record.) THE MASTER: The parties will return later today to review the agreement for typographical errorn and then affix their nignatures affirming the terms of settlement, . I' I When the Master has been provided a completed agreement he will prepare an order vacating hin appointment so that the parties can then proceed with the praecipe to transmit the record to the Court requesting a final decree in divorce. Attorney Clough. MS. CLOUGH: 1, The parties specifically agree that the deed that they have both previously executed transferring the property located at 25 West King Street, Shippensburg, Pennsylvania, from husband and wife to wife shall now be released from escrow with the Divorce Master Elicker and provided to wife at the conclusion of the statement of this settlement agreement of record. Wife shall then file said deed with the Recorder of Deeds office in the Court of Common Pleas of Cumberland County, Pennsylvania. . \ , I o-i t ; I ~ 2. The parties further recognize that there is currently an agreement of sale for the real estate in question, Wife and husband specifically agree that at the time of settlement on the sale of this real property at 25 West King Street, Shippensburg, Pennsylvania, the following joint debts shall be paid from the proceeds from the sale of said real estate: Patriot Federal Visa, Account No. 4613 83 000000 5026 with an approximate current balance of $4,500.00; "- , , it ,I i ': First Union Visa Card, Account No. 4340 5820 0890 0100 with an approximate current balance of $15,000,00; .~ D~uphln Deposit MasterCard, Account No. 5393 6492 9900 4299 with an approximate current bal~nce of $2,618.17 It Is specifically agreed that husband shall cooperate with wife In providing her the necessary contact information and copies of the most recent account staLementn for these three debts so th~t she wi! I have the inform~tion necessary to obtain a correct payoff figure to pay these obligations in full at the time of the real estate settlement. 3. It is further specifically agreed that the Chase MasterCard debt in the sole name of David S. Davies with a current balance of approximately $9,500.00 shall remain the sole obligation of David S. Davies. 4. It is further acknowledged by the parties that David S. Davies has a current child support and Spousal support arrearage in the amount of $6,510,00 as of May 6, 2002, which serves as a lien against this real estate. The parties further agree that Mrs. Davies shall immediately contact Lancaster Domestic Relations Office and advise them that in consideration of Mr. Davies transferring his interest in the marital residence to Mrs, Davies and releasing that deed from escrow, Mrs. Davies will receive this payment in full of the back child and spousal support award at time of settlement on this property and that any and all enforcement actions currently pending, including any arrest warrants that may have been issued, shall be stayed or terminated pending the anticipated payment in full of this current obligation from the real estate settlement proceeds. 5. The parties further acknowledge that David S. Davies has a retirement with the civil service retirement system which is a defined benefit pension plan. The parties further acknowledge that Harry M. Leister, Jr. F.S.A. of Conrad M. Siegel, Inc. prepared a pension valuation of Mr. Davies pension with the civil service retirement system and determined the present value of the pension was $88,845.00 and that Mr. Davies was entitled to a social security offset in the amount of $36,695.00 which would render the marital portion of this pension to be valued at $52,150.00. Husband and wife specifically agree in consideration of wife's agreement to pay in full the Patriot Federal Visa loan, the First Union Visa loan, and the Dauphin Deposit MasterCard loans as set forth hereinabove and in consideration of Mr. Davies prepaying to Mrs. Davies the balance of his child support obligation for the parties' minor daughter in the amount of $509.23 monthly which will continue for the next 13 months until the child graduates from high school in June of 2003, Mr. Davies transfers any and all right, claim, and , interest he has whatsoever in his ent ire t"et i rement wi th the civil service retiremellL system to his wife inClUding the marital and non-marital POrtions thereOf. The partieu further agree that hUsband shall sign the QDRO prepared by Harry M. Leister, Jr., or his deSignee to effect this transfer of this entire asset to Mrs. Davies as part of her equitable distribution in this divorce and as the prepayment by Mr. Davies of his remaining child support obligation for the parties' minor daughter. 6. The parties further agree that effective May 7, 2002, Mr. Davies' SPOusal SUpport obligation to Mrs. Davies shall cease. 7. The parties further agree that all personal property shall remain the eXclusive perSonal property of the party who currently has POssession of said property. HUsband shall not make any claim against any personal property in wife's POssession nor shall wife make any claim for any personal property in hUSband's POssession. It is further agreed that hUsband shall have the right to remove the furniture and any other items of personal property currently located at the real estate at 25 West King Street, Shippensburg, PennSYlvania, provided that hUsband removes said property on or before May 30, 2002. In the event that hUsband does not remove said property at the 25 West King Street location by May 30, 2002, then he waives any right or claim to said property. 8_ The parties further agree that this agreement shall be binding and shall be incorpOrated by reference but not merged with the diVorce decree and a copy of this agreement shall be attached to the final divorce decree to be issued in this action. 9. Husband and wife specifically agree that in consideration of the other property transfers and debt obligations set forth herein, wife waives any claims for alimony, alimony pendente lite, and counsel fees, costs, and expenses in this action. 10. The parties further intend this agreement to be a complete and final reSolution of all of the outstanding issues that they each have against the other as a result of their marital relationship. 11. Except as herein otherwise prOvided, 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each ~ill at 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 interest, rights, and claims. 12. The parties specifically agree that wife will sign all of the documents necessary at the time of settlement to assure the payment of the debts previously listed herein and husband specifically agrees to promptly review and sign the draft QDRO and return it immediately to wife's counsel so that said order may be presented to the Court for signature to be forwarded to the plan administrator to effect the transfer of husband's entire civil service retirement pension to wife. 13. The parties each specifically acknowledge that they are bound by the terms of this agreement and specifically agree that in the event one of the parties breaches the terms of this agreement and as a result of the breach of the agreement, the non-breaching party incurs counsel fees, costs or expenses, then the breaching party shall be responsible for all reasonable attorney fees, costs and expenses incurred by the non-breaching party in seeking enforcement and/or other legal relief as a result of said breach. THE MASTER: Mr. Davies, have you been present during the statement of the agreement on the record? MR. DAVIES: Yes. THE MASTER: Do you understand the terms of agreement? MR, DAVIES: Yes, ~ , i ; ~ THE MASTER: And it is your desire to have the agreement, as placed on the record, settle all of the economic claims pending in this divorce action? MR. DAVIES: Yes, MS. CLOUGH: Mnl. Davies, have you been present during the listing of all of the terms of the settlement agreement on the record? MilS. DAVIES: Yea. MS. CLOUGH: Did you understand all of those terms? MRS. DAVIES: Yes, MS. CLOUGH: And did you have an opportunity to review that with me, your attorney, before agreeing to those terms? MRS. DAVIES: Yes. MS. CLOUGH: And are you in agreement with the terms as they were set forth in the settlement agreement on record? MRS. DAVIES: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by " , , ( I" .. " -: o. ~.1" " , . , : J " -, en -- J . REAGER & AOLER, PC. ATTORNEYS AT LAW 2331 MARKET STREET CAMP HILL, PA 17011-4642 17171763.1383 , LINDA D. DAVIES, Plaint i ff IN THr: COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA (Ii (1..'( C vs. NO. {/~ DAVID S. DAVIES, Defendant - ~lj1 CIVI L ACTION - LAl-J In Divorce NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretriev- able breakdown of the marriage, you may request marriage counsel- ing. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROP- ERTY, 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. eeHrt ~dmiflist~~~nr F<5\:lIti. I'lsGX () /1 0 /_ Cumberland County Go, '::lolO"9'" I~Clr IJ'5~ce.." 11'Y\ Carlisle, PA 17013 OJ I . i if. v Iffu 717-210 5~8Q CA ~~~ L( II ,-J..41.j{~.k Or j-OLJo Cf7()-f/OS , ~' 8. Plalntiff requests the court to enter a decree of divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. ~~' , ( <;\:..:_:/~. k_.;~", -I LINDA D. DAVIES, Plaintiff Date: /1 I'cl /i.j /l..icUpf )-II. dtJ..J-..f~_ Bridge~ M. Whitley v Attorney for Plaintiff Attorney 10 # 33580 KEEFER, WOOD, ALLEN AND RAHAL P.O. Box 11963 Harrisburg, PA 17108-1963 (717)255-8027 ?-_r- _ ,,~. r---.. \. L..-..... \-J: ;-J CY"\' ~ ~\..' . ........'\ ~ <::) ......, <_:" "' '--^ ~ .........1 0' , , ~ '... r----" \~) - ~\; ~ ~ '--- ) ............ ~ ~C"! 'i0 . '''J ('- - ,-\ LINDA D, DAVIES, IN TilE COURT OF CO:-'I:-'ION PLEAS ClJMBERI./\ND COUNTY, I'ENNSY~V ANIA Plaintiff v, NO, 1998.6735 "0" " '", '. DAVID S. DAVIES, CIVIL ACTION - LA \V '.- Defendant IN DIVORCE (;- AFFIDA VIT OF SERVICE I,Joanne Harrison Clough, Esquire of REAGER & ADLER. p,c. do hereby certify that [ served u certified copy of the Divorce Complaint und Amended Divorce Compluint on the Defendant Duvid S. Duvies, by Certilied Muil, Restricted Delivery on the 3 [" duy of October, 2000 us is evidcnced by the signuture of the Defendant on the Retum Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a true and exact copy thereof in the United States mail, first class, Certified Mail, Return Receipt Requested postage prepaid, addressed as follows: David S, Davies 25 W, King Street Shippensburg, P A 17257 Date: / ~ 2 'i-o'Z- oF; \ , , i Ii i) " , / J I. !g . l' I ! :' ,-', 1-:' ""' n: "'(-" '1 \ I - , L:' .2\ " :.} ,...- , -I 1 t I I I, t , ,{", I'" i l'I'::~ t l};". ri ',.;' i I.'f,',~'~ .! I II i: I, \,1 L. !! .... \ LINDA D, DA VIES. : I1\: TI IE COURT OF CO~I~I01\: PLEAS : ('t l~lIlERLAN[) COU:-JTY.PENNSYLV ANIA , PlailltilT : No, IIJlIS. c.7J5 Civil Term r " j \', IN DIVORCE ~, : CIVIL ACTION - LA \V DA VID S. DA VIES. Dcfclldalll , f'. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE UNDER ~3301 (C) OF THE DIVORCE CODE I. 1 consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony. division ofpropcrty, lawyer's fees or cxpcnscs if [ do not claim them before a divorce is granted. l , 3. 1 undcrstand that I will not be divorced until a Divorcc Decrcc is entercd by the Court and that a copy of the Decrce will bc scnt to mc immcdiately after it is filed with Date: /31/00 ~- ('Q , (...../:. ~,) a/AA/>-- c/.' LINDA D. DAVIES I " ! I~\., I" I' lJ' " ) [' I- '~. the Prothonotary, 1 verify that the statcments made in this affidavit arc truc and correct. I undcrstand that false statements hercin are made subjcct to the pcnaltics of 18 Pa.C.S. S 4904 relating to unswom falsification to authorities. ""., l,~';'~ ,," .,~ " I, ii d ;,-' r~ -' , -- > ,v ". "'......;. ~',t"..;".:"r:.~-;",' r,fNII^ Il, [11\'111'';. Plaintiff : IN TI IE COURT OF CONIMON PLEAS : I'II~BFI",^N" rlll/NTY, I'F:NN~;YI.V^Nr^ \" : NO, !qq~-fJ-'JS D^VID S. D^VIF.S, : CIVIL ACTION - LA \V Dcfcndant : IN DIVORCE AFFIDA VIT OF CONSENT I. A Complaint in Divorec under Section 3301(e) of the Divorce Code was filed on October 17,2000. 2. The marriage of Plaintiff and Defendant is irretricvably broken, and ninety (90) days have elapsed from the datc ofthc filing and service of the Complaint. 3, I conscnt to thc cnlry of a final dccree of divorce after service of notice of intention to rcqucst entry of the decree, I verify that thc statements made in this affidavit are true and correct. I understand that false statements hcrein are made subject to the penalties of] 8 Pa,C.S. Section 4904 relating to unsworn falsification to authorities. 0(); ;:;;-) __ \Jt~-"'a y~ / , ~ r --- DAVID S. DAVIES ?i; )ZC7J-- LINDA D, DA VIES, : 1:-1 TIfE COURT OF COMMO:-lI'LEAS : CUMBERLAND COUNTY, I'ENNSYl.V ANIA I'lailllilT Y. No. I'J'JS - 6735 Civil TI.'I'III DA VJD S, DA VIES, CIVIL ACTION - LA \V Dcfellualll IN DIVORCE WAIVER OF NOTICE OF INTENTION T~ ~~OUEST ENTRY OF DIVORCE DECREE U .D '., 1I3301lCI OF THE DIVORCE CODE J. J conscntto the entry of a tinal Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fces or cxpenses if I do not claim thcm before a divorcc is granted, 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decrce will be sent to me immedialcly after it is tilcd with -, I r , r . the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to thc penalties of 18 Pa,C,S, !i 4904 relating to unsworn falsitieationto authorities. Date: () j/'-vt 31, (I i/ ,"1 " ~-J/ / ~~~~ DA VID S. DAVIES -------- ) ,(:).., "lc /' V~J . IJC). 'iH 6'I,D CIVIl. , , ,\.. \, I' IL it IU iilL , ! , ; . LINDA D. DAVIES, Plaint iff 1 N THE covin 01" COI'll.ION I'LE/\S OF CUI.1BI';HLAND COUNTY, PENW;YLVANIA lJAVIlJ S. IJAVIEf;, Defendant IN DIVOHCE TilE 1'IASTEH: Today is Thursday. Januarl' 31, Present in the hearing room are the I .~ 1 j:: :;~ ::* ~',i 2002. This is the date we set for a conference of the parties and to take testimony on the factor of marital misconduct with regard to wife's alimony claim. Plaintiff, Linda D. Davies, and her counsel Joanne Harrison Clough, and the Defendant, David S. Davies. Mr. Davies is not represented by counsel. After discussion this morning we have determined that we are not going to proceed with any testimony on the factor of marital misconduct; however, the parties have had an opportunity to talk about the economic issues in this case, specifically, the matters involving the equitable distribution of assets and the marital debt, In order to allow us to attempt to preserve the marital real estate, we are going to have an interim agreement placed on the record to give the parties an opportunity to sell the real estate, The real estate is located at 25 West King Street, Shippensburg, Pennsylvania. The details of the conditions regarding the sale and the escrowing of the deed will be specifically stated on the 1 ~ recor'd by <.Ill.onleY Clou'Jh. The Nd::.ter hd~; dlreudy qivc'u till- Pdrticn IHH.l counsel a notice of a heilrlnCJ scheduled for 'I'ue~;d<.lY, NilY 'I, 2002 ilt 9:00 il.m. In the m"<.Intime 'II" will work I.uw,u-d resolving the house: iSf3ue LInd also to Bce if we can liquidate from any proceeds from the sale of the house, some or all of the marital debt, With respect to the marital debt the Naster is requiring each party to provide him a list of the current obligations that are due and owing as of today's date which would include the credit card companies' name and account numbers. This will allow us an opportunity when we hopefully have some proceeds from the sale of the house to identify the creditors and to immediately arrange for payment of the outstanding credit card debt. With respect to other credit that the parties may be claiming regarding the payment of taxes and mortgage payments, we will deal with that at the hearing or at a pre-hearing conference, after counsel and Mr. Davies ~:. have had a chance to review the credit that each party is claiming. Therefore, in addition to the statements from the credit card companies, the Master would require that each party prJvide the other with a statement as to what credit each party is seeking for payment of marital debt up to the end of January 2002. .;'j; ".,' 2 . The r1iwte,' hew been p,'ovided toddY with dffiddviu; of consent und wdivenJ of notice of intention Lo request entry of divorce decree which have been niCJned by both pdrtieo and which will be filed by the Master's office with the Prothonotary. The affidavits will remain in the file and will be available upon settlement or ultimately a Master's report and recommendation for the purpose of the parties obtaining a divorce under Section 3301(c) of the Domestic Relations Code. The economic claims raised in the action are equitable distribution, alimony, alimony pendente lite and counsel fees and costs. Attorney Clough, MS. CLOUGH: The parties have reached an agreement that they will each execute a deed to the property at 25 West King Street, Shippensburg, Pennsylvania, transferring the property from David S. Davies and Linda D. Davies to Linda D. Davies. They further agree that attorney Clough will take the deed back to her office to have it properly notarized and return it to special Master Elicker who will hold the deed in escrow. The parties further acknowledge that the property is currently listed for sale with ReMax in Shippensburg, Pennsylvania, and both parties have agreed to a minimum sale price of $105,000.00 for this property. In other words, if they receive an offer of $105,000.00 or 3 . higher. the.' IH'opf'rty will 1)(:. ,:old. The partie,; fur thc.r '"Jf'(''' tllolt .J! I the joint c-n,dit r',ud dc.ht will I".' ""id ftorn th(' net proc(.'c.d,; from the:! 'ui.lle of this reul estl.ite. In the event there is excess cash proceeds remaining after' the joint credit card debt is paid in full, then that excess cash proceeds shall be placed in an interest bearing bank account in both parties' names requiring two signatures for any withdrawal, or otherwise escrowed according to terms agreed to by both parties. The parties further agree that wife and wife's counsel shall obtain a pension valuation for husband's civil service pension and retirement benefits and provide that promptly upon receiving the same to Mr. Davies. Mr. Davies further agrees to sign an authorization permitting attorney Clough to obtain copies of information directly from the federal government and/or civil service for the purposes of conducting said pension valuation. The parties further agree that there is additional personal property presently located at 25 West King Street which neither party desires to receive in kind in equitable distribution in this divorce. The parties have, therefore, agreed to use Hershey's Auction or another auctioneer if mutually agreed upon to inventory the personal property at 25 West King Street, Shippensburg, 4 , Pt::oruu;ylvduia, and tluct.i\!tl th4' ~;dnH.' in d cOHunt'!'cL,.tlly rCiJ:-;ondble auction fc.a:;lliulI dnd Chdt t}u.! U(.'t pt-0(."(,'0d:j tz'o:n the! sille of that pf'r~:ontll IJIop(_'rty !;!tall liy,(.',..;ir;c' bt, It io opecifically understood that there arc (h.!po!dtt..'cl into dll jtltf''-t'~;t l)i"drin~J ('nero',..; dC'count on lJ,'hrllf of both parties unt.il tined le"olut.ion of t.his matUn. certain items of personal property that are furnishingo from David's relatives that he has received post-spearation that are not marital assets and David shall retain that property. The parties further agree that after the sale of the residence and the review of the pension valuation, they will make a good faith effort to see if they are able to reach an amicable resolution of all of the additional issues in this divorce matter. If they are not able to reach an agreement, they will proceed with a hearing for the special Master to make a recommendation to . ~, ,J, '..:~ ~"j ~,~ ';"~ ~ the Court resolving all of the outstanding issues. Neither party is waiving any claim for interest paid or credits they believe they are entitled to from the date of separation to the present time by entering into this agreement but are each specifically preserving any said arguments for the time of the hearing or settlement negotiations. (A discussion was held off the record.' 5 MS. CLOUGH: It is specifically understood that special Master Elicker and/or counsel for wife will notify husband when the proposed settlement date is to occur and husband shall provide special Master Elicker with written authorization to release the deed pursuant to the terms set forth in this agreement and said written authorization shall not be unreasonably withheld. THE MASTER: Mr. Davies. have you heard the statement on the record? MR. DAVIES: Yes, I have. THE MASTER: Do you understand it? MR, DAVIES: Yes. THE MASTER: Do you have any questions about it? MR. DAVIES: The only modification that I would like to make is the sale of the furniture -- the proceeds from the sale of the furniture to be used to pay the highest interest credit card debt instead of putting it in an account at 2% or 3%, payoff an account where we are paying 20% or 21% -- THE MASTER: Is that acceptable to use the proceeds from the sale of the personality to pay on one of the credit cards? MS. CLOUGH: Yes, as long as it says to be placed in escrow to be used to do that, 6 ,. TilE HASTEH: ;"lY othel' commenuJ or qUCDt i on~;? 11i'.. llAVfES, N'.._ TilE 11AS1'EH: t1r. Dav ies, we want to be able to conununicate and just for the record, what is YOllr address? \~here should we send -- NR. DAVIES: P.O. Box 205, Harion, Illinois 62959. TilE l1AS1'ER: Ns. Davies, where can we reach you by mail? HS. DAVIES: 330 Belford Court, Cranberry Township, Pennsylvania 16066. cc: Joanne Harrison Clough, Attorney for Plaintiff Linda D. Davies, Plaintiff David S. Davies, Defendant !' l r ~. 7 \ L1ND^ D. D^ VIES I N Tim COUIlT OF COMMON I'I.EII~ 01' CUMBEIlI.IIND COUNTY. I'I,NNSYINIINI II ,-' I'hlintiff CIVIl. IICTION - I.IIW V5. NO'l)K.6735 IN IlIVOIlCI'; CIVIl. 19 D^ VID S, D^ VIES Delcn":!nl STIITlIS ~mEET DIIT!::: flCT I VIT] 1.:8: 11.,l0./1 . C '1!'~hCll"\,\r}'l ?r:-YY1~ LiY lli.lfY\2~1 \l,4':b..-1l.-, . \1~!Y~Q._~{lf'0_(Y){J. :?nvc,~~ OvV~:Jf.o ~n ___ _ ~f[tt'~d_}1\'~_C11iY.)L~~~f}<l&t{?,_VJ1f~r ~\llfl1 A. ')1tvC1l-W-f ~Y\ Ow<,'JA. IYTa )IlIH T ~'" (I rr - --------.--.'iY)'inS'-Rhidr......;.' ,-.- --Cl~I-~;r) la{trhV~ir)iKf<,)q j n at q', ? 0 l\ .111, N~~- q. .' :,~\t'~'^o1V[ld ~ Cn"'0titz) ltll".i,,~I~ _.___'-_0"._ ~l' L),L.I'.J-,A'f /ltl/..J, a.,\\ " ,o. ":p";;' , 'lL ILI/,' I ';(. . ~I Cn-- (.A a,..~<.tJ ( ( '~ .,U_'J ';0,- c,.. ..,. ",(... ~ II,-!' ~:..v7J-I'i,vJ' , ( ;. / w) 7__'Y>- ! I. ?' . .. j, I ___--~L":~::r; rt,":~~;~'::~'~J:.:'l.~'~;: 'l~i;:'d ,~?i c;' . - ._{p~ ?(,..,:,~...,,,-;7r!/"" 41/i'"Z;:,>>lrf,I1)/>Y:~-:-~ ._=11 (~~.. N-O(,.i-dM"r" q-f;;!~':';:"! ;l4t~L~/~'v\ _l~b~,~~:7.f:'^-'t~. (1....Jo.~) tf,.r(~/!//".f""r/. ~.~AJ!..""~HI .J..:..I.J...&1~.' t'i........ ~.., ("t;I JrJ_-'-""-VP- r''''''- -.--___uH .., '7I"t:l.t'..v-~ ~';'~~':""C"'! V ,,,/./ ,~."".l{1:":w-:..:!r.~f {;ft?/' 0011- ~::;Y;-fl ;'"L~:r ~:7~~~":,:';;.~::v(;~!:U~~~~i;;.,~Y:::,~ {)1A, {)ftJl~~i*O'~z~::;!,~y :/.,CI' ~li",..I/",,^,,(, ~'lory \N1I~n ~*{1JM\~ ;n ~'YtAVrtdYlbDY\ f rl~Y' ~~rrYt,1it{i Not{'v~')lt\\I]/)'PlrMr f)1i1 NU\ 111/'rf/'!(f. MI)1(I~ A'r#; irt0 \'lO-fl11/ \litY nl~ ~jf(lo?~7 DrhUv 1)1lfO 11\Jr.v \-Nyfl.AYlQ-' ;r ~Oft 01 {fVi/ ;t-Ji')'Jhn)C1tlf' LltJl)/, II, lJ/,V J ";.';, J' J.ti III if f 1 n TJjJ'~ ('t)tJJ~T OF CtlZ,::,:ul: P1.E;\:,; OF ('U:1BEHLAnlJ (', lUln..... H:UIJ::nNAHJ ,\ V" '. r:(J. SJH ()"; j") t'! IJ! 1, ilt,\.' J j) ,\;. 1)/\V1 E!;, P'-'!enc.!;Jnt: IH IJJVUHCI'; HE: Pro-h(.'dI- illCJ Con! en.!ncC' f'k.morandum DA'rE : HandilY, November 19. 2001 Present fot. the Plaintiff, Linda D. Davie:;. is attorney Joanne Harrison Clough. The Defendant, David S. Davies, is appearing pro se. 'rhis action was cOllullenced by the filing of a complaint in divorce on November 30, 1998, raising grounds for divorce of irretrievable breakdown of the marriage. Both parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. No economic claims were raised in the complaint. On October 19, 2000, an amended complaint was filed raising economic issues of equitable distribution, alimony, alimony pendente lite. and Counsel fees and costs. With respect to the factor of marital misconduct as that may affect wife's alimony claim, we are going to schedule a separate hearing on that issue to include testimony regarding any extra marital relationships of the parties and the claim of "indignities" that wife has raised against husband regarding his conduct. Counsel and Hr. Davies are directed to provide each other a list of witnesses as to who will testify if it is to be persons other than the parties themselves. The list of witnesses should be provided at least three (3) weeks prior to the scheduled date of hearing. With respect to the affidavit of service, the Haster has requested that Counsel provide the return receipt card to be attached as part of Exhibit A and that the affidavit be re-filed or clocked in with the Prothonotary shOwing the date of the filing of the return receipt card with the courthouse file. Wife is 43 years of age and resides at 330 Belford Court, Cranberry Township, Pennsylvania 16066 where 1 sht:) live~j ....,ith th(~ minor" chi It! of ttH~ mill r Laqf'. ~;ht. i:i d hiqh school qraduate dnd works a') ,1 "elf . '-'I!\f>loyed phot()qrapher nettinq monthly Sl,'>37.0(l. :;!w j" Cllt-n'ntly recL'ivil1~l, pUr":,:udnt to d court or-der ill IH1fICd:ill~r County bt.~tl)ru .Jtldqe r'1dd(~n:;pdCJIIC'r."j $l'/B.GO iU; ill illlony !Jc'ndc.'Jlte 1 itJ~ and child "lIpp"n in the al!\ount of S'JOY.:!l 1I1,,"tilly. .Jud'Je MildeOBpdghcr cJl~.:o i.u..:ses:..:ecl Mr:. Duvie~; dll c'dfIlinq cdPucity of $2,600.00 per I!\onth. The order Wi.H, entered october 16, 2001. Wife has not raised any health is"ue". Husband is 45 years of age aod currently resides in Marion. Illinois, in a home owned by a friend's parent. Ile lives alone. Ilis l1Iailing address is 1',0. !lox 205, Marion, Illinois 62959. There is an emancipated child of the marriage. Jason, who is involved with the dissipation of marital assets. The Master is going to request that he be subpoenaed to come to the hearing that we are going to schedule on marital misconduct for the purpose of having him offer testimony about the assets which he has allegedly taken from the parties' estate, Mr. Davies has indicated that he has been seeing a psychiatrist at philhaven, having last seen the doctor around two months ago. The Master has pointed out that there is a distance problem inasmuch as Mr. Davies is living in Illinois, so we will have to determine at some point if he claims any health issue disability whether or not he is going to be able to continue treatment outside of Pennsylvania. In any event, he is claiming that he is taking an antidepressant drug, paxil. The parties own property at 25 West King Street, Shippensburg, pennsylvania, which is listed for sale for $129,000.00. Wife has been making the mortgage paymentS recently in the amount of approximately $800.00 per month. The payoff on the mortgage with Orrstown Bank is around $65,000.00. Also listed on the pretrial statement of wife (husband did not file a pretrial statement) are two vehicles, a 1994 Chrysler Minivan and a 1995 Pontiac parisienne. There are also listed as assets a VSIP separation bonus, an unused sick leave value, and a civil service pension value. Mr, Davies has raised issues regarding the values used by wife; if he disputes the values that she has used, he should contact a pension analyst to provide information as to the values that he thinks should be assessed for those assets. Specifically, he also has indicated that there should be no value placed on unused 2 sick ledvu and indicated thdt he will provide un the federdl rU<JulaLion reqilrdinq thdt mdttet'. 'J'h(!c.e hd!; been di!.lkil"'dlQ values pluced on the l<.lOCJlble 1)('t'::on,11 IH'Operty by the pdt"! IL'''. \'Iu neeel to (jut Ul<! pdrt i",; to look .It d 1 i:;t UtilI ('deh pI'ovid",; anel then dctennilH' i f '''Jt,~ [ll.'(><.1 to huv(~ dtl dp[Jt'di::dl of those item!; dlld dutL'nlllr,,' who heW the it<:llIs dlld tlw vdlue of the pecsondlty each party hun in his or llec possession. Finally, wife has listed some marital debt which is based on credit card loans with Chase, First Union, Dauphin and the Patriot Federal Credit Union. Mr. Davies also indicated that there is other llIarital debt, including a promissory note which the parties signed in favor of husband's parents in the amount of $10,000.00. Mr. Davies needs to provide a list of the debt which is outstanding and also to provide us a statement showing what he has paid on account of the marital debt since separation so any appropriate credit can be applied on account of debt which he has paid. Likewise, any marital debt which wife has paid since separation will be computed at the time we do the final distribution and allocation. Attorney Clough has requested that Mr. Davies provide a copy of the promissory note which the parties apparently signed in favor of his parents. In order to get this case ready for hearing/conference, the Master is directing that Mr. Davies file a pretrial statement to provide values on the assets which have been listed on Ms. Clough's statement and to include any other additional items which he thinks are appropriate as marital property. He is also directed to provide a list of the marital debt and a statement as to what debt he has paid since separation. wife can also provide a list of the payments she may have made on marital debt as well. With respect to the tangible personal property, each party should provide the other with a list and then determine if it is necessary to have the property appraised if the parties cannot agree as to values and make a distri.bution between themselves as part of a resolution of the marital tangible property. Part of this issue involves the property which has allegedly been taken by the son and the Master has indicated that that property should most likely be removed from the total values since it is not available for distribution and not available for appraisal. In any event, however, we are going to hear the testimony 3 of the :;on <l:: to ....hill. if ,my, P/OIH,'ny h.. hd:: 1,1I~(,11. It is obviou:: lllilt he Ill<lY eho:;e lo invokc' hi:: /'iqhl:: under llh' fifth amendment but we wi 11 '''e<' hm... th<.lt dc'v('lop:: '....hen ~ie have him hPl'(' d~; d wi tnerj!;. Hr. LJuviC!u iH also dit'('cLL'd to pnlvidl.' information on the d5!.iCt5 listed by hi::; "./lf4~ dl: folIo'"",:;: 1~e VSIP separation bonus; Accumulated unused sick le<.lve; Pension (Civil Service retirement) Mr. Davies indicated that the son has taken possession of the Pontiac parisienne; we need to have a value on the Chrysler 11inivan which \...ife ha:'; in her possession. Mr. Davies is also directed to file a current income statement. Both parties are directed to provide each other and the Master a copy of their 2001 tax returns. A conference/hearing is scheduled for Thursday, January 31, 2002, at 9:00 a.m,. The conference will allow a review and discussion of the assets and valuations that the parties are going to develop between now and that date. The parties are also requested to share the information that is developed with each other, specifically Mr. Davies should provide wife's counsel with copies of all of the documents which he is to gather to prepare for the conference and those documents should be provided at least two (2) weeks prior to January 31, 2002. If wife likewise provides any additional data to be included in her settlement discussion, she should provide the information to husband two (2) weeks prior to the conference date. Also, on that date, for the hearing part of the meeting, we are going to hear testimony, if the parties choose to offer testimony, on the factor of marital misconduct as that factor may affect wife's alimony claim, and we will also have an opportunity to hear any testimony which the parties may want to elicit from Jason regarding the dissipation and disposition of certain items of household tangible personal property. Also, the conference will allow the parties an opportunity to discuss the situation regarding Jason with him being present as part of the discussion, A subpoena will be issued from Cumberland County, pennsylvania, for Jason Davies. The parties will share the cost of the subpoena and in 4 determining thv dllocc.ition of the costs in these proceeding:;, the Ma:;ter wi J 1 make a finding that the cost of the subpoena and service will be divided equally between the partieo.;. ,., :\ I J' r . E, Robert Elicker, II Divorce Master , i I. ,if , cc: Joanne Harrison Clough Attorney for Plaintiff '. :.' David S. Davies Pro Se t \ I ,. f\ ! '\ !t~ 11 d lIe I~,'! ! \'; '. !\ "r.:'} ,';:!~'r 5 LINDA D. DA VIES IN Till, COUHT m' COMMON PI.I,M; OF C1ll11lJ:IlI.MW COUIlTY. PI':NNSYI.v^NJ^ v, 1:1), 'IX. (,7.15 DA VID S, DA VIES I ' I \' J J, t. t . 'J 1 t l~: , '" ", , ~ . 1!: !lj\'ll!,('; OIWEIl MW IWTJCE :;ETTJIJ<; 1Il':AIlIIIC; '1'0: Linda D, Davics Jommc Harrison Clough David S, Davics P J ili.1l 1. j 1 J Coun~~el for IlliJillt i 11 Defendant ('UlllI~;e] for 1)('1 l'ndiHl t You i..!n: dircct(~d to appeiJf J01 il )}cilrjll~! to t.dk(~ testimony all the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce I'~ilstcr. 9 North Hanover Street. Carli~iJ(~. Penn~;yl\'(~llia Oil tile 7th di..:~ Ma)' . 2002 ,,' 9:00 ,; l \-:!:: '..!: pl{-~ce and t.i!llC' \'OIJ will ll(~ 9jv(~n tht., opportunit.y ~'.' pre'sent ....'itnesses and exhibits if} support of your case. ", fG rge E, Hoffer, President Judge Date of Order and Notice: 1/31/02 Uy: Divorce Master I F YOU DO NOT HAVE A LAWYEH OH CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOWl'Ii IlELO\; TO FIND OUT WHEHE YOU CAN GET LEGAL HELl'. C\Jr"iI~EI<l.r\!\)t) C{\IJN'J'Y H^H ASSOCJATIOhl ;, I 11'.Llny {'.VI,:NIJI, ( . /\. !, 1 , :' ; i : ',le 1 "j (J] ~ Tl j'I'lIi"'.' liil! ,J/'I. LINDA D. DA VIES IN TilE COURT Or' COMMON PI.E^S OF CUI1!lEHI.^ND COUNTY, I'ENNSYI.V^NI^ \" NO, l)X - (,735 DAVIDS, Di\VII':S C 1 V J L /,("1'] OIl LH: Ji; /lJV()I\CE OIHlEI< ^NIJ1I(JTl C.J':.:~E'IT 1 !i~;._III::MlI.J.!.c.; '/'0: Linda D, Davics Jo,lIlnc lIarrison Clough D,l\'id S, Davics Plainti!f Counsel for Plainti!J Defendant ---------------. Counsel for DcfcndiJllt. You are directed to appear for a hearing to take . testimony on the outstanding issues in the above captioned divorce proceedings at tile Of~fice of tile Divorce Mastel", 9 NOI'!)l Hallover Street, Cdrlis.l(~, Pt.~!ln~;,:'J\',jlliiJ OIl the 31st , "[ _Jal!uary ,2002 id 1):00 ,: . :1\.. i.: t '.',' i ~: .. place tind time you wi].! bl' ~ji\'l:n the opportunity to preSCI';t witnesses and exhibits in support of your case. " "Of1"" ,.b, President Judge Date of Order and Notice: 11/19101 --~----~_.- By: Divorce Mas ter IF YOU DO NOT H^VE ^ L^\vYEI< OR CIINNOT ^FFOHD ONE, GO TO Oil TELEPHONE THE OFFICE SET FOI<TII BELOW TO F'IND OUT WHERE YOU C^N GET LEGM. HELP. CIlMllli:I;[J\NI! ('()UNTY 111\1< ^SSOCJ^TJON ) 1.11l1':1I'1'Y AVENUE ",\ 1.'1, i ;d ,1-:, 1'1\ I 'III ]'\ 'j'j.; l<!'fI11:'n< ('J] 'I) ;J1j (J 31 (lI) CONFERENCE/HEARING ON MARITAL MISCONDUCT (j i',~y , . ... REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D, No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763.1383 Attorneys for Plaintiff LINDA D, DAVIES. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 1998.6735 CIVIL ACTION. LAW Plainlitt v. DAVID S, DAVIES. Defendant IN DIVORCE AEE\OAVIT OF SER'llCE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Before me, the undersigned Notary Public, this day, personally appeared Debra Denison Cantor, Esquire, attorney for the Plaintiff. to me known, who being duly sworn according to law, deposes the following: I, Debra Denison Cantor, Esquire, being duly sworn according to law, depose and state that service of the Amended Complaint in Divorce in the above. captioned matter was served by Certified Mail, Return Receipt Requested, on Defendant, David S. Davies, 25 W, King Street, Shippensburg, Pennsylvania, 17257 on October 18, 2000, The Certified Receipt is attached hereto as "Exhibit A," REAGER & ADLER, P,C, By: o Subscribed and sworn to before me this 1~..L-:t4ay of 0 (.t-~,...h'" ,2000, J. '.. r\ ' i::J,:/L:A.. 'f~ . f \. tv\ ;~\ \' Jy'l\....~ '~':-j !Gr Pullli!;~) C ---------- tl07ARIAl S:;r,l us:, A. .MCNTGO.W.:i:l'f. N.,t,..,. r'l..b!ie . ,ormb"lty, r:CI.'?:~iM c~,,:,'i"'. p,t, , ~ Com""'!<::.:'!'~'?::~.!:',:':(1 J , . DAVID S. DAVIES 25 W. KING STREET SHIPPENSBURG PA 17257 111......11..1.1..11..1..111...1 . :.' CERTIFIED MAIL P 902 0 6 7 3 2 6 DO-bOb Davies CDDC) 1---------- RECEIPT P902061326 I FROM: ; RUQ~I & Adler. PC , RE 00.606 D.1~'n (DOC' , : SEND TO: , O.1V1dS Dav'n 25WIMgStfei!!1 S.'\'p~nlbUrgPA11251 l , FEES: POSl3;!! Cert,r.edFee Specml ReSltll:led Receipt oss 140 J :--I us : TI)TAL S 3.20 POSTMARK OR DATE l.INDA D. DAVIES, Plaintiff J N THE COUHT OF CO/.lr.JON PLEAS Of' CUMBEHLANll COUNTY, PENNSYLVANIA V!]. C I VI L "\C'I'ION - L"\\,I DAVID S. DAVIES, Def0ndant NO. 98 - 6/35 CIVIL IN DIVOHCE NOTICE OF PRE-HEARING CONFERENCE TO: Joanne Harrison Clough Attorney for Plaintiff David S. Davies Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master. 9 North Hanover Street, Carlisle, Pennsylvania. on the 19th of November, 2001, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesS0s, explore the possibility of settlement and. if necessary, schedule a hearing, Very truly yours, Date of Notice: 9/13/01 E. Robert Elicker, II Divorce Master cc: Dale F. Shughart, Jr., Esquire 5, 6. 7. The action ( ) ~ ('f) docs not involve complc,x issues of law or fact: The hC~lril1g is expected to lake (hours) \ (dayS,\ W' ,:' j Additional infofm:Hion. if an)'. rclc\'i.IIll to the: 1110ri0I1I\ I, A. : ,\ ",-j , ''-../ \ Joanne Hbrrison Clough. Es Altomcy for Plaintiff l (,O~I~tO:>:\\'b\1.I11 (lI'PI::>::>:S\'I.\'A:>:IA (,Ol!:>: I \' 01' ('( 'MIII,IU,A:>:II, '" I.INIIA II, llA VIES. PI:lilllilf 1:>:1111', ('( ll'RT 01' (,O~l~tO:>: PI.EAS ('( '~lIl1"U.A:>:1I ('OIXI'Y.PE:>::>:SYI.\'ANIA v, ~o. JiIlJX.h7.\:" DA VfD S, DA VIES. Dcft,.'m.hllll MOTION FOI{ Al'l'OINnmNT OF MASTER Lindu D. Davies. PI:lintiff. muVes the court 10 :lppoinl a 1l101,h:r with rcslX'~t to the following claims: (X, Oivorce ( ) Annulment (X) Alimon)' (X) Alimony Pendente Lite (x) l>btrihution ofPrupcrty ( I SUI'I~)r1 (X) Counsel Fccs (X) Costs i.lI1d Expenses and in support of the Illotion 51.ltes; I. Discovery is complete as to the c1aim(s) fur which the appointment of _I master is requested. 2. The defendant (X ) has ( ) Ims not :Ippe:m:d il1lhC' :ll.:tioll ( ) persOIHllly (X) b)' his allome)'. Joho J. Bamnski. Esquire. 3. The statutory groulld(s) for divorce irrclric\'<lhlc hreakdown. 4. Check the applic<lhlc paf:lgraph(s). ( ) Thc action is not contested. ( ) An ugreemclll has been rC<lched with respect to the following claims: ( ) The action is contested with respect to thc following claims: Dale: AND NOW. (/..1 -1' 0/... ;L '7 . lO(lI. is appointed master with respect to the following claims: , E ,('Nv..,/ ,t"./u.J-/,.., Esquire. a.b , ~ 'S>~~ (\6't^'1.0' VV" ~ ~~ BY THE COURT: ~ i Ii ~~ , , i I i ",' ;1' '(Q. ~~ ~ tu8 . -- ~ -0 ........ () ~ ..c o..-p.. ~ ~ \J r~ ~--t- REAGER & AOlER, P.C, ATTORNEYS AT lAW 2331 MARKET STREET CAMP Hill, PA 17011.4642 1717) 763,1363 ~1iJ'1:' ,t:'ffi)Ol:.~ / . .:' ':-& I:'): .;.. t lu:,ua:R & AIIIHI.I'.(', 11\': IlEIIRA IlESISOS (',\S'I'OR. J-:SQl:IIU: Alhlllll'Y I,)), So. (.(l.nS ~.1,11 ~'iII~,'1 S'f<"" ('""'I'"ill, 1'.\ 171111 '1'<'1<1'110"": 1717 J 7('.l,1.1K,1 Alll)rtll')" fur PI.lilllilf LINDA D. DA VIES, : IN THE COURT or COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA Plailltiff : No. IlJlJS. 6735 Civil Term v. DA VID S, DA VIES, : CiVIL ACT/ON. LAW IN DIVORCE Dcfendalll NOTICE TO DEFEND AND CLAIM RIGHTS You have heen sued in Court. If you wish to defend against the claims set fOrlh in the following pages, you must take prompl action, You are warned that if you fail to do so. the case may proeeed without you and a Decree of Divorce or annulment may he emered against you by the Court. A judgmelll may also he entered against you for any other c1:lim or relief requested in these papers hy the Plaintiff, Vou may lose money or properly or olhcr rights imporlamto you. When the ground for divorce is indignities or irretrievable brcakdown of the marriage, you may request marriage counseling, A lisl of marriage eounselors is available in the office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MA Y 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 Coullly Bar Associalion 2 Liberly A venue Carlislc, PA 17013 (717) 249.3166 (SOO) 990.9108 , r I , IlE.\GER & .\III.ER. f',t.. 11\': IIEIII(.\ IlE:l:ISO:l; C,\:I;TOfl, ESfJl'lIlE AlIornl'Y 1.1>. No. lIft.HI< 2.1,\1 ~larkel Sire", Cal1lp lIill.I''\ 171111,4(042 Tdephone :1:0. (17) 7(,.l.I.1X.1 Attornc.'Ys for Plaintiff LINDA D, DA VIES, , ~ . , : IN TilE COURT 01' COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff Nil, IlJlJX. h7J5 Civil Term v, DA VID S, DA VIES. CIVIL ACTION . LAW IN DIVORCE Defendanl AMENDED COMPLAINT COMPLAINT IN I>IVORCE UNDER SECTION 3311l(c) OR 3311l1d) OF THE DIVORCE CODE ... I ~i I, Plaintiff is Linda D, Davies. who currelllly resides at JJO l3elllord Courl. Cranbcrry Township. Pennsylvania, 1(,0(,(" 2, Dcfcndant is David S, Davies, who currcntly resides al 25 W, King Strcct. { ~ ,- Shippcnsburg. Cumbcrland Counly. Pcnnsylvania. 17257, J, Plaintiff and Defcndalll havc bccn bona !idc rcsidclllS in lhc Commonwealth lor at '..,. ~' /i < I 1 " I,} 'J, {!::: , i j I Icasl six months immcdiatcly prcvious tolhc filing of Ibis Amcndcd Complain!. 4, Tbe Plainliff and Defcndant wcrc married on June I X, 1977. at Pcnnsaukcn. Ncw Jcrscy. 5, Thcrc have bccn no prior actions of divorcc or for annulmcnt bClwccnlhc partics, .,~ (" The marriage is irrelrievahly hroken. 7. Ncilher I'/;ri/lliff nor /)dcndarll is inlhe mililary or naval service of Ihe Uniled Slate,s or ils al/ies Wilhin Ihe provisions of Ilw Soldiers' & S:lilors' Civil Relief AClof Ihe Congress of J ,).to and ils mnendmenls, H. There have heen no prior aclions of divorce or I()r annulmenl helweenlhe parties inlhis or :my olher jurisdiclion. 9, Plai/lliff has been advised of Ihe av:rilabilily of marriage counseling and JhaJ Defcnuanlmay have Ihe right 10 requesllhe Court 10 require Ihe parlies 10 participate in such counseling, Being so mlvised. Plainliff docs nOI requesllhallhe Courr require the parries 10 parlicipate in counseling prior 10 a divorce decree being handed down by Ihe COUl'l. 10. Plairlliff avers Ihallhere arc 111'0 (2) children of lhe parries under Ihe age of eighleen ( 18). 11. After ninely (90) days have elapsed fromlhe dale of the liling of this Amended Complaim. Plairlliff i/llends to liIe an Affidavit consenting to a divorce, Plaintiff believes that Defend:lIIlmay also liIe such an aflidavil, 12, In the :rllernalive, Plainliff wil/ lile an Affidavit of Consent and provide lhc appropriatc notices two (2) years Iromthe datc of separalion, WHEREFORE, Plaimiff respectfully rcquests the Court 10 enter a Decrec of Divorce, pursuamlo Seclion 3301(c) or (d) oflhe Divorce Code, 2 ('OllNTI EQlIITAIII.E IlISTIUlU1TION 13, Paragraphs on~ ( I ) Ihlllngh I\\dw ( 12) of Ihis 1\1II~IIlI~d COlllplainl ar~ incorporat~d herein hy ref~r~nc~, 1-1, Plaillliff and Ddcndanl have aC'inir~d plllperty. hOlh r,'al and p~rsllnal, during their marriage. 15. Th~ parties hav~ a~'iuirelllllarital deht during Ihe course of th~ J)wffiage. 16, Inlh~ C\~lllthe parti~s arc unahl~ to amicahly resolv~ the property issu~s in this matter, Plaillliff r~quests this Ilonorahl~ Court equitahly lIivide allmarilal property anlllleh!. WHEREFORE. PlailllilT r~speClfully r~quests this Honllrahl~ Court to equitahly lIivillc allmarilal properly and deh!. COUNT" ALIMONY I'ENDENTE LITE. ALIMONY 17. Paragraphs one (I) through fifteen (15) of this Complaint arc incorporated herein by refercnce, 18, Plaintiff lacks sufficient property and rcsourccs to provide for her reasonable means. 19, Plaillliff requests reasonahle support to adequately maintain hersclf in aecordancc with the standard of living established during the marriage, 20, Delcndant has Ihe resources to provide for thc support of Plaintiff. :I WIIEltEFOIU':. Plainlin I~qll~'" Ihi, lIonorahl~ ('ollrllo "III~r all ;manl of alimony p~nd~nt~ Iil~ ;md alimony IInlil final h.'al in~ ami h~r,'alkl alldtlwl~lIplln 10 .'lIt~1 an (Jld~r III' alimony in h~r 1:I\'or, pursuanl to S~~lillll .nol ami S~,'lioll ,l70~ of Ih~ I>i\lll'..~ l'od~. COUNT I\' COUNSEL FEES ANI> COSTS 21. Paragraph on~ (1llhmugh lll'enl)' (20) of ,his Compl:tilll .Ire incorporated herein by referen~e, 22, PI;!inliff has elllployedl>~hra Denison Canlor. Esquir~, as ~ounscl hut is unahle 10 pay the necessary and reasonahle aHorney's fees for said counsel. 23. Plaintiff is unable to pay the necessary counsel fees and coslS allll Defendant is more than able 10 pay them, 24, Reser\'ing Ihe righllo apply lolhe Court for lemporary counscllces and costs, prior 10 lhe tinal hearing, Plaintiff requests Ihal, after tinal hearing, Ihe Court order Defendant 10 pay Plaintilrs reasonable counsel f~es and coslS, WHEREFORE. PlaintiiT requeslS Ihis Honorable Court to enter an award of intcrim I ". counsel fees, costs and expcnses and 10 order such addilional sums OIl Iinal hearing as arc dccmcd nccessary and appropriatc, t. l , 4 ImAGER .v.. ADum.PC IlY: ,JOANNE II. CI.OllGII. ES(}lII1U: Allorllcy J.D. No, 3(,461 2331 Markct Strcct Camp Hill, PA 17011 Tclcphonc: (717) 763-1383 AIIOI11CYS for Plaintiff LINDA D, DA VIES. . N(J~ ',mr:', '~ , '. : IN TIlE COURT OF CO~1MON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff v. : NO, 1998 - (>73S DA VID S, DAVIES, : CIVIL ACTION. LA W Discovcry should not bc grantcd, . 2000. upon rcvicw of thc allachcd Plaintiff's Motion to Compcl Answcrs to Discovcry, a Rulc is hcrcby issucd against Dcfcndant : IN DIVORCE RULE TO SIIO\V CAUSE N 0 h ,'" d I' A D N W. t is I ay 0 !V'>I'".t.v ~ , , ! r ! , Dcfendant. David S, Davics to show cause, if any, why Plaintiff's Motion to Compel Answcrs to RULE RETURNABLE WITHIN 7" DAYS OF DATE OFTHIS RULE. BY TI.IE COURT: Ad ~<<PHQ) ~ //-/7-00 fJJ(3 I i 1 11 .... 1{EA<am .l(; AUI,lm,l'C II\': .JOANNE II. CI.OUC;II, 1':S(}lIlIU<: Allo",~y 1,1), No, -,(,,1(11 2331 Mark~l Slrc~1 Call1pllill, PA 170 II Tclcphon~: (717) 7(,3,IJR-' Allo"'~ys I'lli' Plairlliff LINDA D. DA VIES, Plainliff Ii': TilE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. )<)<)8.6735 DA VID S, DAVIES, CIVIL ACTION. LA \V D~fcndant IN DIVORCE PI.AINTIFF'S MOTION TO COMI'EL RESPONSE TO UlSCOVERY REQUESTS AND NOW, comcs the Plaintiff, Linda D, Davies, by and through her attorneys. Reager & Adler, p,c. and filcs Plaintiff's Malion to Compel Rcsponse 10 Discovery Requests and in support thercof rcspcetfully avcrs :IS follows: 1, Linda D, Davics is the Plainliff in a divorec action cUJTently pending with the Coun of Common Picas of Cumbcrland County, 2, On or aboul September 29,2000, Plaintiff, by and through her allorney, Debra Denison Cantor forwarded Plaintiff's First Sct of IntclTOgatorics and Plaintiff's First Set of Rcquest for Production of Documents to Defcndant. 3. Pursuant to thc Pennsylvania Rulcs of Civil Proeedurc. the answers to said discovery rcquests were duc on or before October 20,2000, VlmIFlCATI()N I. JOANNE II. CLOUGII, ESQUIRE, bcing duly sworn "ccording to I"w, dcposc :md Sl:itc thai I amlhc "ttorncy for thc PI"intiff. Lind:1 D, D"vics. "nd Im"kc this vcrilicmion on hcr bch"lf and Ihal s"id !'I"intiff is un"v"i1"hlc :md un"hlc 10 m"kc Ihis vcrific"tion on their own behalf within Ihc lime ,,!lotted for filing of Ihis plc"ding and thc facls sct forth in thc forcgoing ple"ding "re lruc :md COITecllo Ihc beslof counsel's knowledgc. informalion and belicf, REAGER & ADLER. P.c. By: JOANNE H. CLOUGH. ESQ D"te: NOl'cmber f 3, 2000 n c . ~-.; -:-_1 .. SI.,! .. :d i ,= ., c'~ . . ( , ~ . '- - .' :.i ::.] -< .-J -. REAGER & AOLER. P,C, ATIORNEYS AT LAW 2331 MARKET STREET CAMP Hill, PA 17011.4642 (717) 763.1383 , , LINDA D, DA VIES, Plaintiff IN THE COURT or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO, 1998-6735 DA VID S, DAVIES, Defendant CIVIL ACTION - LA W IN DIVORCE RULE TO SHOW CAUSE AND NOW, this :z. d day of Pv/J.nJ,,/ , 200 I, upon review of the allaehed motion of Plaintiff, a Rule is hereby issued against Defendant, David S, Davies to show cause, if any, why he should not be directed to answer the outstanding interrogatory and request for production of document discovery requests that were served on Plaintiff on or about September 29. 2000, .5'"", ---::. 0{ RULE RETURNABLE WITHIN 20 DAYS OF DATE OF/HIS RULE, BY THE COURT: ~J. r\\C 0 \ ~~. :O~ ~ D~ ~ ;.. ,.., L , " \'! ,': , , , , ) I. I LINDA D, DAVIES, IN TI-IE COURT or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . !' " Plaintiff v, NO. 1998-6735 ) I " CIVIL ACTION - LA W DA VID S. DAVIES, Defendant IN DIVORCE PLAINTIFF'S SECOND MOTION TO COMPEL RESPONSE TO DISCOVERY REQUESTS AND NOW, comes Plaintiff, Linda D, Davies, by and through hcr attorneys, Reagcr & Adler, PC, and files Plaintiffs Sccond Motion to Compel Response to Discovcry Requests and in support thcreof respectfully avers as follows: 1, Linda D. Davies is the Plaintiff in a divorce action currently pending with the Court I ~ of Common Pleas of Cumberland County, 2, On or about Septembcr 29, 2000, Plaintiff, by and through her attorney Debra Denison Cantor, forwarded Plaintiffs First Set of Interrogatories and Plaintiffs First Request for Production of Documents to Defendant. 3, Pursuant to Pennsylvania Rules of Civil Procedure, the answers to said discovery rcquests were due on or about October 20, 2000, 4. On November 14,2000, Plaintiff filed a Motion to Compel Response to DiscovelY Requests, To date, despite assurance from Defendant's counsel that Defendant will providing the information directly to Plaintiff, no answers to Plaintiffs discovery requests have been produced, WHEREFORE, I'laimifT Lind'l (), Davies respeclfully requests this HonOlable Court to direct the Dclcndant. David S, D,lviL's, III lile answers Inl'laintill's lllllstanding discovery requests within ten (Ill) days of court order. Respectfully submilted. By: \ \ \ ,\ / " ,", , Joann H, Clouglii Esquire ID #36461 2331 Market Street Camp Hill, Pa 17011 (717)763-1383 . ( , r , ~' r\ LINDA D. DAVIES, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PlaillliO' v, : NO, 1998-6735 : CIV[L ACTION - LAW DAVID S. DA VIES, Defendant : IN D[VORCE INCOME AND EXPENSE STATEMENT OF LINDA D. DAVIES INCOME Employer: Alicia Photography (se[f-employed) Address: 9710 Perry Highway, Wexford, PA [5090 Type of Work: Photographer Pay Period (weekly, biweekly, etc,): monthly Gross Pay per Period: $ 1,537,00 , I Itemized Payroll Deductions , Federal Withholding Social Security Local Wage Tax State Income Tax Retirement Savings Bonds Credit Union Life Insurance Health Insurance ' " ~tr, " Other (specify) " r',;: I..','; .''-~ Net Pay per Period: ! 1,537.00 Othcr Incomc: WEEK MONTII YEAR Intcrcst Dividends Pension Annuity Social Sccurity Rents Royalties Expense Account Gifts Unemployment Compo Worker's Compo Child Support Total 1 TOTAL INCOME 1 1 I .537,00 1 EXPENSES WEEK MONTH YEAR Home Mortgage/ rent Maintenance $ 750,00 Utilities Electric Gas $160.00 Oil Telephone Water $:00,00 $ 40,00 Sewer Employment 2 EXPENSES WEEK MONTI I YEAR Public Transrorliltion Lunch Taxes Real ESlate Personal Propcny Income Insurance Homeowners S 21.00 Automobile S 62,00 Life Accident Health S 92,00 Other $ 56.00 (Business) Automobile Payments Fuel $ 75,00 Repairs Medical Doclor Dentist Orthodontist $ 100.00 Hospital Medicine Special Needs (glasses, braces, orthopedic devices) Education Private School 3 EXPENSES Parol'lli,ll School ColJegl' Religious Personal Clolhing Food Barber/hairdresser Credit Paymcnts Crcdit card Charge Account Memberships Loans Credit Union Miscellaneous Household help Child eare Papers/books /magazines Entertainment Pay TV Vacation Gifts Legal fees Charitable contributions Other child support Alimony payments Other Total Expenses ~ WEEK MONTII YEAR S300,O() $500,00 $ 65,()() $ 25,00 $ 50.00 $ 31.00 $ 150,00 $ 75,00 0.00 ~ 2, 752.00 ~ 0,00 = 4 PROPERTY OWNED DESCRIPTION VALUE " OWNERSHIP W J X 25 West King 51., Shippensburg SI30,OOll.OO INSURANCE COMPANY POLICY NO, H COVERAGE W c , , [ . I , t 1 i I.'. Ie ! ~ I I , ,lO. , 5 " SUPPl.EMENTAI. INCOME STATEMENT (a) This form is 10 bl' Iiiit'd OUI by a person (check one); o (I) who operales a business or pr.ll'tices a profession. or o (2) whu is a member of a pannership or joinl vcmure, or o (3) who is a shareholder in and is salaried by a dosed corporation or similar entilY, (b) AUach to Ihis statement a copy of the following documenls, relaling to the partnership, joint venture, business, profession. corporation or similar emity: (1) the most recenl Federal Income Tax Return, and (2) the most recenl Profit and Loss Stalell1ent, (c) Name of business Address and Telephone Number: Life Imagery 330 Bellford Court, Cranberry Twp, PA 16066 724-742-1274 (d) Nature of business (check one) 0(1) pannership 0(2) joint venture 0(3) profession 0(4) dosed corporation 0(5) other.. sole proprietor (e) Name of accountant, controller or other person in charge of financial records: L. Davies (I) Annual income from business: Received $3,3374,00 to date (from 5/14/01) (I) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions, if any: All costs of costs of goods, business expenses, and taxes are deducted from income 6 \'EIU FI( ''\'I'I():-'; I, LimJa D. Davies, herehy verify amI slate th.lllhe facts sel f0l1h in the foregoing pleading arc true and correct to the hest of my infornwtion. knowledge and helieI'. I understand lh.lI false sl:lIemen!s herein arc mot de SU1*"tllllhe pl'mllril's of 18 1'.1. C.S,A, :\,-!90-! relHling Jo unsworn verification to authorities, {/ -,,, -, /' /'/, I,'. _.- Linda D, Davies DATE: July 1.1, 2001 l'aRr 2 /lAI.t: ... SII\I(;/IAllT. JII, notices from your office should be mailed dil'cctly to Mr. Davies, with copies to me. !lis mailing address in: David S. Davies 466 Donegal Springs Road Mt. Joy, PA 17552 DFS,JR/bc Very truly yurs, ) (',,/\ 1\ ,~ i- h7J' /, /1 \, I..AJ'0/J(, \- i!. / / I .I , Dale F. Shugh t/Jr, , I cc Joanne H. Clough, Esquire David S. Davies REAGER & ADLER, PC ATTORNEYS AND COUNSELORS AT LAW 2331 M"RKET STREET CAMP fULL, PENNSYLV"'~I" 17011.4642 717.763,'383 TELEFAX 717.730.7366 WEOSITE ROWJo-,A{JlorPC com THEODORE A, ADLER. D"VID W REAGER CHARLES E, ZALESKI llNUS E, FENIClE DEBR" DENISON CANTOR T1tOM"S 0, WILLIAMS SUSAN H CONFAIR JOANNE HARRISON CLOUGH .Cer1ll.ed Tnat SpeclolllSI Wnlt(1 E.Mall Add"", JClouVhCt~pl~ fie! September 17, 2()(l! E. Robert Elicker, 11 Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Davies v. Davies No, 98..6735 Our File No, 00-606 Dear Mr. Elicker: I just learned of a new address for David Davies in the above referenced Divorce Action. Mrs. Davies received a telephone call from her husband last week and he stated he was "living in Preston Mackey's basement". It is our understanding that Mr, Davies new address is the following: David Davies C/o Preston Mackey 119 Oakgrove Road Harrisburg, PA 17112..9360 I forwarded Answers to Mr, Davies discovery requests and we are ready to move this case forward. ~~:y, ,-JJ:'/ I"'""" H,,",," C]~ '~ JHC/jc cc: Dale F, Shughart, Jr" Esquire Linda Davies David Davies I)'\I.E ... SIIl:(iUART, JR. ATTORrny AII.AW 3~ EAST HIGH SffH[T SUITE 203 CAfHISI.E. PENNSYlVANIA 1101 J Tulnphnn" 17111 ]414311 riH;SlfndlJ (11 " 14140]1 OF COUNSEL HAMIL TON C. OAVIS LEGAL ASSISTANT RONNIE L. COYLE October 22, 2001 E. Robert Elicker Divorce Master 13 North Hanover Street Carlisle, PA 17013 Joanne H. Clough, Esquire Reager & Adler, PC 2331 Market Street Camp Hill, PA 17011 RE: David Davies - Linda Davies No. 98-6735, Cumberland County Dear Mr. Elicker and Ms. Clough: I have received no communication whatsoever from Mr. Davies since August 28. I am therefore terminating my relationship as an advisory counsel for him. I have done so at this time since I have now made arrangements to be out of town on Monday, November 19 when you will be conducting your pre-hearing conference. Very truly yours, :;(..~_ /r~ D~:)A ) DFS,JR/bc cc David S. Davies nfAGrR & AOtfn. rc "HORM y'. AT LAW lH' M^,IH'f ~1"lt T (MJI' "Ilt t'A 1 lOll '''\''1 11 HI 10J 1)H] '---~'-''''~~'''''"'''';'''''--"''''''''~''~' LINDA D. D,\\'II:S. 1:\ TilE COURT OF ('O~tMON PLEAS ('I !;>'lIlERI.AND COUNTY. f>ENNSYI.VANI,\ Plainllff v. NU. I')')x. h735 DA VID S. DAVIES. CIVIL ACTION. LA \V IN DIVORCE Defendant I. llACKGROUNDi1'l.E.Ol~l\IATIOl'l: I'LAINTlFF; I. 2. NmllC: Address: Linda D. Davies 330 Bellford Ct. Cranberry T\\'p.. I' A 160(,u 43 4.(,.58 High School graduate No health issues were ruised. Photographer self employed 3. 4. 5. 6. 7. 8. Age: Date of Birth: Educational Background: Health: Occupation: Employer: DEFENDANT: I. 2. Name: Address: David S. Davies 1'.0. Box 205 Marion. Illinois 3. Age: 45 4. Dale of Birth: 9-22.56 5. Educational Background: some post high school college; no degree 5. Health: good 6. Occupation: Professional photographer! computer specialist 7. Employer: self employed as photographer and has a web site designing linn. He docs computer consulting and teaches photography. I t' ; ~. N\Uscr,A.(wunll'H&A r ol/Hily LaN\FOfmS.DDC'"JlvOfCellfl),tfl.JI."hoItO.Jvlt>S ~ptJ November H3. ZOO, CIIII.IlJU:;Ii OF TillS :\J..\IUU"\GE: I. Jason IS Dale of Birth: 5-II.S3 2. Bethany I h Date of birth 4.3.85 Linda D. D,I\'ies is the primary physical euslodi:ln orthe minor child Betlwny. MARRIAGE I:\'FORi\IATION: I. 2. 3. 4. 5. Dale or Marriage: Place of Marriagc: Date ofSepamtion: Date Action Commenced: Issues Raiscd: June IS, 11)77 Pennsh:lueken. NJ. Novcmbcr, 11)98 Octobcr 17, 2000 Equitable distrihution Alimony pendente litc Counsel fees. costs and expenses Divorcc II. lliCOME I. See PlaintiWs Income and Expense Statcment. 2. Dcfendant has failed to Jile an Incomc and Expense Statement. See Lancaster County support order to dctennine Hnsband's minimum income. 3. Wife is employed as a photogmpher as an independent contmetor for Alicia Photogmphy in Wexford, PA and docs some additional free lance photography. 2 N:\USCfAccoun1S\R&A Family Law',Forms-OOC'.dlVOrCC'pro.tnal.short DavIes wpd Novombor 16.2001 II, ASSETS: Itcm No, Dcscription of Properl~' i'i:II11CS of ull Owncrs Valuc Real property Joint 5130,000.00 25 West King Street, Shippensburg, P A 2 1994 Chrysler miniv,lII Wife 3 1985 Pontiac Parisienne Husband 5300.00 4 Davies Photography Husband 5 25 West Design Husband 6 VSIP (separation bonus) Husband 525,000.00 7 Accumulated unused sick leave Husband 58,000.00 8 Pension (civil service retirement) Husband 540,000.00 9 Household goods and photography. Husband 582.263.00' Equipment 10 Household goods & camera equip. Wife $6,024.00' 3 N~\UsorAc('.oun(s\R&A FamIly Law\Forrns.OOCIt1Ivorco'pro.lllo:ll,ShOlfDavlcs wpel November 16, 2001 B. Relin:lIlcut PlaiUliLI I. None DcfcnUiUll: I. See PlainlifJ"s InVenlory Pension Civil Serl'iee retirement C. Yclticl\:5. I. 1985 Pontiac Parisienne Husband 7. 1994 Chrysler mini V,III: Wile D. &rsuuaLEmJlCJ:l:>ulSSllci;lted with the hOllS\:. See Inventory and e.xhibits. Husband relained most oflhe personal property. F. Life Insur:llli.1: None Plaintiffis aware of. III. 1'"".RITAI PROPERTYTRANSFF,RREQ A. Issue: Missing personal properly and camera equipment. 4 N'\UscrAcr.Dunl~\n~A F;'rnll'll;lw\FOIm$.ODC'dlv()fC-Vflrn-lrl.ll-~hOlI O;lvIPS .....ptJ November 16, :'001 I~ \\ . Dolle: Nuvemher II>, 211111 . ; .' , . !,: '\ , \ , -< I ]~ L~ \ . 6 1/' (,~ 'j'" j'r; rl~ I' 'I,:; . :;~~{ ".,y l.~jf: I .,/,' I,j~' t,"'" \'. ;;,~,; .. . I' ~l . Plaintill. : IN TilE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 1998.6735 LINDA D. DAVIES, v. CIVIL ACTION. LA W DAVID S. DAVIES, Defendant : IN DIVORCE INVENTORY OF LINDA DAVIES Plaintiff files the following inventory of all property owned or possessed by either party at the lime this action was commenced and all property transferred within the preceding three years. ASSETS OF PARTIES PlaintiO" marks on thc list below thosc itcms ,Ipplicablc Illthc l\ISe ,II b,lr alld ilCmizc thc assets on lhc following pagcs. IZI I. III 2. 0 3. 0 4. 0 5. 0 6. 0 7. 0 8. 0 9. 0 10. 0 II. 0 12. 0 13. 0 14. III IS. iii 16. 0 17. m 18. ~ 19. 0 20. 0 21. 0 22. 0 23. 0 24. SI 25. 13 26. Rcal property Motor vehicles Stocks, bonds, sccurities and options Certilicates of deposit Checking accounts, cash Savings accounts, money markct and savings certificates Contents of safe deposit box Trusts Life insurance policies (indicate face value, cash surrender value and current beneliciaries Annuilies Gifts Inheritances Palents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits . severance pay, workers' compensation claim/award Profit sharing Pension plans (indicate employee contribution and date plan vesls) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatures) Military /V A benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include a total category and attach itemization list if distribution of such assets is in dispute) Other - value of business. t-' ':~; MARITAL PROPERTY I'laintitT lists all marital property in which cithcr both spouscs hOlve a lcgal or cquitable intcrest individuOllly or with any othcr pcrson as of the dOltc this ilCtion was commenccd: Item No, Description of Property Names of all Owners Valuc Rcal propcrty Joint $130,000.00 25 West King Strect, Shippcnsburg, PA f. 2 1994 Chyslcr minivan Wifc ~ ,,' '., 3 1985 Pontiac Parisicnnc Husband $300.00 4 Davics Photography Husband 5 25 West Design Husband 6 VSIP (separation bonus) Husband $25,000.00 7 Accumulated unused sick leave Husband $8,000.00 8 Pcnsion (civil scrvicc retiremcnt) Husband $40,000.00 9 Houschold goods Husband $82.263.00* 10 Household goods Wife $6,024.00* *Estimates LIABILITIES ~, :! ~'. r, : ~. Item No. Description ofPropcrty Names of Names of Amount of ,'J --,;' Creditors Debtors Debt ~~ ,:,; :~ 1 Credil Card Chase Bank Husband $8,566.60 ~r ,,' 2 Credit Card First Union Husband $10,188.45 3 Credit Card Dauphin Husband $553.51 4 Credit Patriot News Husband $3,990.28 5 Mortgage Orrstown Bank Husband $ / } ( I. ,'" " f; . J J ) I , n ~. 1"1'=-' ;},:: :' ro" (~. -! ......) --.' , -, :.'1 <::) :-.., L..: ~< , I~ l~ 1 i it i;; i" ,,' ...,1 ',I", L I .~, : i 'f :,~;1 if.:" , , ' , I , , I " 11 !; r,i ';', REAGER & ADLER. PC. ATTORNEYS AT LAW 2331 MARKET STREET CAMP HILL. PA 17011.4642 17171 763.1383 LINDA D. DAVIES, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 98 - 6735 CIVIL DAVID S. DAVIES, Dl'[l'Il<J,lIlt IN DIVORCE ORDER OF COURT AND NOW, this ", day of ))/" "f-- entered :nto db 2002, the parties and counsel having agreement and stipulation resolving the economic issues on May 7, 2002, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, (~ Gorge E. Hoffer, P.J. cc: Joanne Harrison Clough Attorney for Plaintiff David S. Davies Defendant C "1~"" r)~cO:cQ,'c 4~/o;l,. ...6 ~. plilc~.d 011 Ill.. Iur:Old .,,111<'11 i" 'lOIII'l lob" llUl)('I'Cl'd..d today by the i1')rel'It1('llt tll.'t wi 11 b., t II.. 11",01 ,...t t 1<'m"llt b~'tweell the parl.ieu of tIll' I,'C'Ollomic <:),'1111:' IH'"dill'l. Ilo',,('vel-, pur-uuant to the illtprill1 .l(J!f"f'flIf.'llt I I tit' t.1..:ltpl ll.l/I 111 11111 pOHueuuioll, in escrow, <l d'-'ed to tl", milJ'lt..l l<',tl ellLltI.' d,lted January 31, 2002, which tr,IlWfenl the I it 1<' by hlllllMlld and wife to wife individually. AttonleY Clollgh ill 'JOillg to address the real estate in the agr-eement alld aluo allow the r~aster to release the deed which plll:suant to the interim agreement was not to be released without wd ttell iluthorization from the Defendant. Th,-, agr'-''-'l11ent that iu going to be placed on the record ill tll.. f in,tl ,lqrefement between the parties and is the substant i VI' d',,,,'('ml'llt, which agreement is not subj ect to any change!l or Ill< HI' .' 1 Cilt ionu except for correction of typographical '.'1101-" which may be made during the transcript ion. Ther-elore. the agreement as placed on the record will not be able to be modified by the parties except for correction of typographical errors after the parties leave the hearing room today. The agreement that is being placed on the record is going to be transcribed and the parties and attorney Clough will return later today to review the agreement for typographical errors. After any typographical errors have been corrected, the parties will sign the agreement affirming the terms of settlement which have been placed on the record at this time. The signature or the P,lltl<"J. howPvel', iu not required for this agreement to be cOll!lidel(.d ,I voll id olnd binding agreement between the polrtipn. (A discu'J[;ion w'w held 011 the I'ecol-d.) THE MASTER: The parties will return later today to review the agreement for typographical errors and then affix their signatures affirming the terms of settlement. When the Master has been provided a completed agreement he will prepare an order vacating his appointment so that the parties can then proceed with the praecipe to transmit the record to the Court requesting a final decree in divorce, Attorney Clough. MS. CLOUGH: 1. The parties specifically agree that the deed that they have both previously executed transferring the property located at 25 West King Street, Shippensburg, Pennsylvania, from husband and wife to wife shall now be released from escrow with the Divorce Master Elicker and provided to wife at the conclusion of the statement of this settlement agreement of record. Wife shall then file said deed with the Recorder of Deeds office in the Court of Common Pleas of Cumberland County, Pennsylvania. 2. The parties further recognize that there is currently an agreement of sale for the real estate in question. Wife and husband specifically agree that at the time of settlement on the sale of this real property at 25 West King Street, Shippensburg, Pennsylvania, the following joint debts shall be paid from the proceeds from the sale of said real estate: Patriot Federal Visa, Account No. 4613 83 000000 5026 with an approximate current balance of $4,500.00; First Union Visa Card, Account No. 4340 5820 0890 0100 with an approximate current balance of $15,000.00; Dauphin Deposit MasterCard, Account No. 5393 6492 9900 4299 with an approximate current balance of $2,618.17 It is specifically agreed that husband shall cooperate with wife in providing her the necessary contact information and copies of the most recent account statements for these three debts so that she will have the information necessary to obtain a correct payoff figure to pay these obligations in full at the time of the real estate settlement. 3. It is further specifically agreed that the Chase MasterCard debt in the sole name of David S. Davies with a current balance of approximately $9,500.00 shall remain the sole obligation of David S. Davies. 4, It is further acknowledged by the parties that David S. Davies has a current child support and spousal support arrearage in the amount of $6,510.00 as of r~ay 6, 2002, \~hich serves as a lien against this real estate. The parties further agree that Mrs. Davies shall immediately contact Lancaster Dcmestic Relations Office and advise them that in consideration of Mr. Davies transferring his interest in the marital residence to Mrs. Davies and releasing that deed from escrow, Mrs. Davies will receive this payment in full of the back child and spousal support award at time of settlement on this property and that any and all enforcement actions currently pending, including any arrest warrants that may have been issued, shall be stayed or terminated pending the anticipated payment in full of this current obligation from the real estate settlement proceeds. 5. The parties further acknowledge that David S. Davies has a retirement with the civil service retirement system which is a defined benefit pension plan. The parties further acknowledge that Harry M. Leister, Jr. F.s,A. of Conrad M. Siegel, Inc. prepared a pension valuation of Mr. Davies pension with the civil service retirement system and determined the present value of the pension was $88,845.00 and that Mr. Davies was entitled to a social security offset in the amount of $36,695.00 which would render the marital portion of this pension to be valued at $52,150.00. Husband and wife specifically agree in consideration of wife's agreement to pay in full the Patriot Federal Visa loan, the First Union Visa loan, and the Dauphin Deposit MasterCard loans as set forth hereinabove and in consideration of Mr. Davies prepaying to Mrs. Davies the balance of his child support obligation for the parties' minor daughter in the amount of $509.23 monthly which will continue for the next 13 months until the child graduates from high school in June of 2003, Mr. Davies transfers any and all right, claim, and 'f} , ~'; ~ ii ,;~ (~. i,~ .' interest he has whatsoever in his entire retirement with the civil service retirement system to his wife including the marital and non-m,u-it,11 portions thereof. The parties further agree that husband shall lligll the QDRO prepared by Harry M. Leister, Jr" Or his designee to effect this transfer of this entire aSllet to Mrs. Davies as part of her equitable distribution in this divorce and as the prepayment by Mr. Davies of his remaining child support obligation for the parties' minor daughter. 6. The parties further agree that effective May 7, 2002, Mr. Davies' spousal support obligation to Mrs. Davies shall cease, 7. The parties further agree that all personal property shall remain the exclusive personal property of the party who currently has possession of said property. Husband shall not make any claim against any personal property in wife's POssession nor shall wife make any claim for any personal property in husband's possession. It is further agreed that husband shall have the right to remove the furniture and any other items of personal property currently located at the real estate at 25 West King Street, Shippensburg, Pennsylvania, provided that husband removes said property on or before May 30, 2002. In the event that husband does not remove said property at the 25 West King Street location by May 30, 2002, then he waives any right or claim to said property. 8. The parties further agree that this agreement shall be binding and shall be incorporated by reference but not merged with the divorce decree and a copy of this agreement shall be attached to the final divorce decree to be issued in this action. 9. Husband and wife specifically agree that in consideration of the other property transfers and debt obligations set forth herein, wife waives any claims for alimony, alimony pendente lite, and Counsel fees, costs, and expenses in this action. 10. The parties further intend this agreement to be a complete and final resolution of all of the outstanding issues that they each have against the other as a result of their marital relationship. 11. Except as herein otherwise provided, 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, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act an administrator or executor in the other's estate. Each will at the I:equest of the other execute, acknowledge, und deliver any and all inst1"UmenLs which may be necessary 01" advisable to carry into effect this mutual waiver and reI inquishment of all such interest, rights, and claims. 12. The parties specifically agree that wife will sign all of the documents necessary at the time of settlement to assure the payment of the debts previously listed herein and husband specifically agrees to promptly review and sign the draft QDRO and return it immediately to wife's counsel so that said order may be presented to the Court for signature to be forwarded to the plan administrator to effect the transfer of husband's entire civil servic2 retirement pension to wife. 13. The parties each specifically acknowledge that they are bound by the terms of this agreement and specifically agree that in the event one of the parties breaches the terms of this agreement and as a result of the breach of the agreement, the non-breaching party incurs counsel fees, costs or expenses, then the breaching party shall be responsible for all reasonable attorney fees, costs and expenses incurred by the non-breaching party in seeking enforcement and/or other legal relief as a result of said breach. THE MASTER: Mr. Davies, have you been present during the statement of the agreement on the record? MR. DAVIES: Yes. THE MASTER: Do you understand the terms of agreement? MR. DAVIES: Yes. THE MASTER: And it is your desire to have the agreement, as placed on the record, settle all of the economic claims pending in this divorce action? MR. DAVIES: Yes. MS. CLOUGII: Mrs. Davi(,n, have YOll been present during the liDting of all of the terms of the settlement agn'f'tn('nt on the l'ecord? MRs, DAVIES: Yes. MS. CLOUGH: Did you understand all of those terms? MRS. DAVIES: Yes. MS. CLOUGH: And did you have an opportunity to review that with me, your attorney, before agreeing to those terms? MRS. DAVIES: Yes. MS. CLOUGH: And are you in agreement with the terms as they were set forth in the settlement agreement on record? MRS. DAVIES: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by , , , , r' i L " , " ~ ~ (- t I ,