The URL can be used to link to this page

Home My WebLink About00-05410 . . . . . . . . . . ,. .' -~ ' . . "'''';Ii''' ;Ii '" :Ii",,.;"':t: . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF BARCLAY A. BAIRD VERSUS JANET RUBY - BATRD . . . . PENNA, No. 00 5410 DECREE IN ,DIVORCE . AND NOW, o Lta.L,.r , 2002.., IT IS ORDERED AND \'S' DECREED THAT Barclay A. Baird , PLAINTIFF, . AND Janet Ruby-Baird , 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. See Marital Settlement Agrp..p.ment: ~r't;=It..hpr1 .!:Ie,:; Exhihit" "A" to hp incorporated but not merged into the final Decree in Divorce. . . ATTES Cl 0~~ - ROTHONOTARY . . .. . . .., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . :Ii "':1:;1;'" .i""'~d';;;'",""'ko..,.""W",,"",,, '-~iIiWtlI[j - ="~''''-,~~~,"""",_'''''_'e' --_'f.';~i:a,.dJ"!f(r~.""Jf~""'~'.- iiiiJiU~ ~-~. '--~'\V~~~ "''''tfIlBiI; ~. /tl-.;J() .(}d M-Co/ ~ ~ 4 ~ /t' . {).'d '0.;2 -'f'4 ~ Z 1f4'" ""', -~ ,--<<' . ~- "'.- - . . . , , MARITAl, SRTTT.F:MRNT AC.RF,F,MF,NT TIllS AGREEMb'NT, ""'" """" ~ day of ~ 2002, by ond bctw= ",=I,y A. Baird (hereinafter "Husband") of Lemoyne, Cumberland County, Pennsylvania and Janet Ruby- Baird (hereinafter "Wife") of Carlisle, Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties are Husband and Wife, married on December 31, 1977, m Rochester, New York; and WHEREAS, two children were born of the marriage, Erin Rachael Baird (d,o.b. 1/1/81) and Michael David Baird (d.o.b. 12/16/83); and WHEREAS, unhappy differences and difficulties have arisen between the parties, m consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, the parties desire to settle fully and finally their respective fmancial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: Document #: 189415.1 .io_ _"", oj ~__~,,":""_L~,~ _ '>, , , 1. SFPARATTON Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. HTlSRAND'S AND WTFF'S DFRTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. Document #: 189415.1 2 ,~, ""V" ~ , ,- ~i'-~ ,"- - , -~ All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold hannless the other party in respect of all damages as resulting therefrom including reasonable attorneys fees incurred to enforce this indemnification, Damages are used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. Document#: 189415.1 3 ; J '" ~.~ - 3. W AIVFR OF RIGHTS ANn MlJTTJAI RFT.FASFS Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. RFAI FSTATF The parties own as tenants by the entireties improved real property situated at 480 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania ("marital residence"). In consideration of the mutual promises of the parties, it is agreed as follows: Document #: 189415.1 4 ;J"~...,.,, " ~7 ,,",,,, (a) Wife shall utilize her best efforts, with due diligence, to have husband removed as an obligor on the mortgage or refinance to remove husband from any liability with respect to the property. Contemporaneous with the removal of husband as an obligor on the mortgage or with the refinancing husband shall execute a deed conveying to wife all of his right, title and interest in the marital residence, free and clear of all encumbrances, (b) Husband shall pay for preparing and recording the new Deed. (c) Wife shall be responsible for payment of the mortgage, taxes and insurance with respect to said property and agrees to indemnifY husband for her failure to do so. (d) In the event that Wife is unable to secure the release of husband from the existing mortgage and is unable to refinance to remove husband from said obligation within six months from the date of this agreement the parties agree that the property shall be listed for sale with a reputable realtor at a reasonable price. Sale expenses shall be paid out of the gross proceeds (including realtor's commission) and the net "-. proceeds (after satisfaction of existing mortgage) shall be paid to Wife. (e) Husband is a joint owner with his brother and sister of two properties in Canada known as Astounder Island and Island 45C, St. Lawrence, Ontario. Contemporaneous with the signing of this agreement Wife shall execute a Quit Claim Deed relinquishing all of her right, title, interest or claim, if any, in said property. Husband will bear the expense of preparing and recording said deed. Document #: 189415.1 5 :'! ~...,. ~- . 5. DTVlSlON OF PFRSONAl PROPERTY All personal property currently in Wife's possession shall be the sole and separate property of Wife, with the exception of items listed as Exhibit "A" attached hereto which shall be Husband's personal property. All personal property currently in Husband's possession shall be the sole and separate property of Husband. It is agreed that Husband shall take possession of the personal property identified herein within thirty (30) days of the date of this Agreement at a time and place to be agreed between the parties. 6. MOTOR VFHTrl FS Husband shall retain sole and exclusive ownership of the 1998 Dodge Grand Caravan in his possession and agrees to assume sole responsibility for all outstanding encumbrances, if any. Wife shall retain sole and exclusive ownership of the 1999 Jeep Cherokee Sport in her possession and agrees to assume sole responsibility for all outstanding encumbrances, if any. Wife also shall retain sole and exclusive ownership of the 1995 Jeep Cherokee Country, currently in daughter's possession, and agrees to assume sole responsibilities for all outstanding encumbrances, if any. Wife shall retain sole and exclusive ownership of the 1994 Eagle Trailer in her possession and agrees to assume sole responsibility for all outstanding encumbrances if any. Both parties agree to execute, within thirty (30) days of the date that this Agreement is signed by both parties, any and all forms, titles and documents necessary to transfer the aforesaid titles from joint/individual ownership of the transferring spouse to the individual ownership of the other. Wife agrees to indemnify and hold Husband harmless from any loss or expense incurred by him as a result of Wife's failure to fully carry out the terms of this paragraph. Document #: 189415.1 6 }l '> ~ ~._. 7. TOTNTDFRTS The parties acknowledge that they have no debts which were jointly incurred during their marriage. Any debts or obligations incurred by either party in his/her individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. DOClJment#: 189415.1 7 .__-_T~. . -~ All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom including reasonable attorneys fees incurred to enforce this indemnification. Damages are used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. Document #: 189415.1 8 ,," - "'-' 8. RANKRHPTCY The parties hereby agree that they have specifically structured this Agreement so that the payments and undertakings made by each party shall be non-dischargeable in bankruptcy, under U.S.c. g 523(a)(5), g 523 (a)(15) or otherwise. In the event either party files bankruptcy and such obligations are determined to be dischargeable in bankruptcy, that party agrees that such event shall automatically entitle the other party to the entry of an award of alimony in an amount commensurate with whatever obligation he or she has incurred or any payments he or she has lost as the result of the other party having filed bankruptcy, including attorney's fees, which award shall be adjusted upward taking into consideration the additional tax ramifications attributable to such alimony award. 9. RETTREMENT RENFFTTS During the marriage, Husband and Wife acquired IRA accounts with Schwab & Legg Mason. Husband presently holds an investment account with Paine Webber and Wife presently holds a retirement annuity account, by virtue of her employment with Shippensburg University. Husband shall receive the following accounts and Wife specifically waives, releases, renounces and forever abandons all of her right, title, interest or claim, whatever it may be, in the following accounts and in any other pensionlretirementlIRNinvestment accounts or like plan of Husband, whether acquired through Husband's employment or otherwise, and hereinafter said accounts shall become the sole and separate property of Husband. Schwab-IRA-1291-2014 Schwab-IRA-1291-2015 LeggMason-IRA-156-74796 Paine Webber- RA- 1985769 Document #: 1894 J 5.1 9 " ~ ?--, Wife shall receive the following accounts and Husband specifically waives, releases, renounces and forever abandons all of his right, title, interest or claim, whatever it may be, in the following accounts and in any other pension/retirementlIRAlinvestment accounts or like plan of Wife, whether acquired through Wife's employment or otherwise, and hereinafter said accounts shall become the sole and separate property of Wife. Schwab - IRA - 1289-9953 Legg Mason-IRA -156-74795 TIAA - C2446 1 1-4 CREF - U244611-2 During the marriage, the parties acquired a joint Schwab investment account, number 1291- 2017. Husband has transferred this account from joint ownership to individual ownership of Wife. 10. PAYMENT TO WTFE In consideration of the joint promises and covenants set forth herein Husband shall pay to Wife the sum of $55,000.00. This payment shall be made directly to Wife over a five (5) year period wherein Wife receives $10,000.00 each year. The first payment shall be made to Wife within three (3) weeks of the execution of this Agreement by both parties. Each of the remaining payments shall be made on February I st thereafter. This transfer of money shall constitute part of the parties equitable distribution settlement and shall nut constitute alimony. I L DTVTSTON OF RA NK MY'OT TNTS Husband and Wife acknowledge that all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement Document #: J 89415.1 10 "'_'"P':"": _ ~,- ~e ,- , -~~ 12. AFTFR-ACQllTRFD PROPFRTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 13. SPOTTS A T SHPPORT, A TTMONY PENDENTF T TTR A NO AT TMONY Except as otherwise provided herein, Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pp.nclp.ntp. lite, and alimony. Any transfer of monies between the parties pursuant to any term of this Agreement shall nut constitute alimony but is made as part of the parties' equitable distribution settlement. 14. TTFE TNSTJRANCF Husband has life insurance policies with State Farm and Connecticut General. Husband shall retain his life insurance policies and all rights attributable thereto. Husband is also the current owner of a New England life insurance policy of which Wife is the insured. Husband has transferred the ownership interest in the New England life insurance policy into Wife's name only. Each party hereby waives, releases, renounces and forever abandons all of their right or interest in the other's life insurance. Document #: 1894/5.1 11 ."- ~ 15. TAXMATTFRS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 16. SlJRSEQlJENT DlVORCE There is pending between the parties an action for divorce instituted in the Court of Common Pleas of Cumberland County, Pennsylvania, at Docket No. 00-5410. Husband and Wife agree that their marriage is irretrievably broken and that the same shall be dissolved pursuant to g330 I ( c) of the Divorce Code of Pennsylvania. The parties therefore agree as follows: (a) Husband and Wife agree to sign Affidavits of Consent agreeing to the entry of a final decree of divorce as well as Waiver of Notices of Intention to Request Entry of a Divorce Decree under Section 3301 (c) of the Divorce Code. (b) Neither party requested counseling prior to the filing of said Affidavits of Consent and therefore the right to request such counseling shall be deemed waived. 17. COTTNSFT FEFS AND EXPENSES Except as otherwise specified herein, each party shall be responsible for payment of hislher own counsel fees and expenses. Document #: ]89415.1 12 " ,--- --.." ' "- 18. ADVTrFOFCOTTNSFT The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement. 19. FFFErT OF DTVORCF DFCRFF ON AGRFEMFNT Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code, as Hmp.nnp.n. As provided m section 31 05( c), provlSlons of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall nut be subject to modification by the court. 20. DA TE OF FXFC1ITTON The "date of execution", "date of this agreement" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement" or "execution date" shall be the date on which the last party signed this Agreement. Document #: J 89415.1 13 ':)'-" -- -, 21. HEADTNGS NOT PART OF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 22. SFVFRARH lTY AND TNDEPFNDENT AND SEPARATF COVENANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. 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. 23. AGREEMFNT RTNDTNG ON HETRS This Agreement shall be binding on and shall ensure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 24. TNTEGR A TTON This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 25. MOnTFTCA nON OR W A TVER TO HI' TN WRTTTNG No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 26. NOWATVFR OF DEFATTTT The failure of either party to insist upon strict performance of any term of this Agreement shan in no way affect the right of such party hereafter to enforce the term. Document #: 189415.1 14 --,-. , 27. VOT TTNTARY EXFCTTTTON The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. 28. APPTWARTET AW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, as Hmp.ndp.d. 29. A TTORNFYS' FEES FOR ENFORCEMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing tiJat the enforcing party is successful in establishing that a breach has occurred. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: CfYJ~ rJ l(u&l Document#: 189415.1 15 '_7': 0 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the !l~-tday of ~, 2002, before me, the undersigned officer, personally appeared Barclay A. Baird known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my, 'SsMItllE~~ Notary Public City of Harriseurg, PA Dauphin County My commlS$\Or\ E1\Plr~10, 2006 *************************************************************** COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the k day of 1'f/(/.L5Go02, before me, the undersigned officer, personally appeared Janet Ruby-Baird known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL JAMES A, MILLER, Notary Public Bore of Camp Hill, Cumberland County, PA My" Commission Expires April 3D, 2005 Document #: 189415. J 16 ~~. ',' -~ F,XHTRTT "A"- HTTSRANn'S PF,RSONAT. PROPF,RTV I. Painting of ship and sea scene over mantle in marital residence. 2. Woodworking tools located in garage. Document #: 189415.1 17 .,.. ."" " , q,i~ / i'S ';'- '"'' .~-~ ~~~- ",. ~""-- "',"'<"- -,.","""",.' ~ -~, " " ,. .~ . ~^. "' I!'J .,mllmll~ "". <, ,>'<t1~.~,_ , '-".>','-- } ,(! 11 _~"!l!""I~<}~1fI ~ ""~" """ o c:: ~ -" :-ri {i-~ ~~~ i-:~~ -"",- " r_::, ~~ ~~} )'''''C:- '-.--'" ~ -~ ~~---,.,,-- ,.. t-=~ :'.," C) "Tl :,~ "'J ,-,1 '":-n ll':~ "~? CD :_-':) .,.'1 " ~ (") _,on -;~ ~~ (.J ,\ ~1~"~~'_;_1",.~,r' ,-.'9':?""., ,_" ~_~ M_ .... 10 BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5410 JANET RUBY-BAIRD, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a Divorce Decree: I. Ground for divorce: Irretrievable breakdown under g3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: A Complaint in Divorce was filed on August 3, 2000, and the Defendant accepted service on August II, 2000. Affidavit of Service was filed September 18, 2002. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiff's and Defendant's Affidavits of Consent required by Section 3301(c) of the Divorce Code: Plaintiff - August 26, 2002, and filed September 3, 2002. Defendant- September 5, 2002, and filed September 11,2002. (b)(I) Date of execution of Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: NI A (2) Date of service of the Plaintiff's affidavit upon the defendant: NI A Document #: 242258.1 "4'," , ,- " 4. Complete the appropriate paragraphs: (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: Equitable Distribution. (d) State whether any written agreement is to be incorporated into the Divorce Decree. Yes. 5. (a) Date and manner of service of the 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)(1)(i) of the Divorce Code: N/A (b) Date Plaintiff's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: September 3, 2002. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: September II, 2002. METZGER, WICKERSHAM, KNAUSS & ERB CD l~ Melissa t: VanEck, Esquire Attorney J.D. 85869 Andrew C. Spears, Esquire Attorney J.D. No. 87737 3211 North Front Street PO Box 5300 Harrisburg, P A 171l 0-0300 (717) 238-8187 Attorney for Plaintiff Barclay A. Baird Date: October L 2002 Document#: 242258.1 .1"' ~ , . ~ .- r' " BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5410 JANET RUBY-BAIRD, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this Ira-day of U:n>-8G<! J 2002, I, Melissa 1. VanEck, Esquire, of Metzger, Wickersham, Knauss & Erb, attorneys for Plaintiff, Barclay A. Baird, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Janet Ruby-Baird c/o James A. Miller, Esquire 2010 Market Street Camp Hill, PA 17011 Attorney for Defendant METZGER, WICKERSHAM, KNAUSS & ERB (~~~ Andrew C. Spears, Esquire Attorney J.D. No. 87737 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Barclay A. Baird Date: October l, 2002 Document #: 242258.1 -\~'ll'~,"'~l"', " ~, .. ~ -.'" 'f',e",,-'- _.,...J~II!JII!iff:_. ". ~t;:""',....~,~, ~'-' ~ ,- () c: '?::: -;:'0', I'TfrT" Z:r. ~.S-'~ -/ ..., ~c=. ~~ ~:~ >~~ =< lJ'I,'f.!, ~--",,--,,-,,-, o r'0 o C) -l I \.0 o -n ~-. '" ." ~nr-;;2 1fT! -~O (2(1.) :k~jj -'0_: C) o:-n j;~ :v -< -::J _.1:... :.,) ifw~ml!J' "'_~ ~ .. . ~. '""" "IIl!lIIf:_",,~." v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. CO - S~/D C-U ~C L~ Barclay A. Baird, Plaintiff Janet Ruby-Baird, Defendant : CIVIL ACTION - LAW : COMPLAINTINDIVORCE NOTICE TO: Janet Ruby-Baird 480 Crossroad School Road Carlisle,PA 17013 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 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 Courthouse, 1 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Document #: 180259.1 ,>", ~ ''';'1 . , Barclay A. Baird, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. Janet Ruby-Baird, Defendant : CIVIL ACTION - LAW : COMPLAINTINDIVORCE NOTICE TO: Janet Ruby-Baird 480 Crossroad School Road Carlisle,PA 17013 USTED HA smo DEMANDADOIAEN CORTE. Si usted deseadefendersede las demandas que se presentan mas adelante en las siquientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmenteo por medio de un abogado una comparecenciaescrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacionor remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTEDNOTIENEUN ABOGADOONOPUEDEPAGARLEA UNO, LLAME 0 VA YA A LA SIGUIENTEOFICINAPARA A VERlGUARDONDE PUEDE ENCONTRARASISTENCIALEGAL. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Document #: 180259.1 - ~"..."" f.' .-.'" ." v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 611-5'1/0 ~ "/.L<- Barclay A. Baird, Plaintiff Janet Ruby-Baird, Defendant : CIVIL ACTION - LAW : COMPLAINTINDIVORCE COMPLAINT IN DIVORCE I. The Plaintiff is Barclay A. Baird, an adult individual residing at 1109 Columbus Avenue, #8, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. The Defendant is Janet Ruby-Baird an adult individual residing at 480 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 12/3111977 in Rochester, New York.. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Rights Act of the Congress of 1940 and its amendments. 6. Plaintiffs social security number is 056-38-1409 and Defendant's social security number is 102-42-6957. 7. There have been no prior actions of divorce or for annulment between the parties. 8. Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Document #: 180259.1 -,-'(:",-~ -~ I, _ _ " 9. Two children were born of the marriage, Erin Rachael Baird (d.o.b. 1/1/81), and MichaeIDavid Baird (d.o.b. 12/16/83). COUNT I Divorce 10. The averments of paragraphs 1-9 hereof are incorporated herein by reference. 11. The marriage is irretrievably broken. 12. The parties have been living separate and apart since June 9, 2000. 13. Plaintiff requests the Court to enter a Decree in Divorce divorcing Plaintiff and Defendant. COUNT II Equitable Distribution 14. The averments of paragraph 1-13 are incorporated herein by reference. 15. During the marriage the parties acquired marital property, assets, and debts which 'I Plaintiff requests the Court equitably distribute and assign. ;' i ~ , , :: Document #: 180259.1 ~ , WHEREFORE, Plaintiff requests that this Court enter a Decree in Divorce, enter an order equitably distributing marital property and enter such other orders as are appropriate and just. METZGER, WICKERSHAM, KNAUSS & ERB By ~~~6f eather 1. Harbaugh, Esquire - Attorney J.D. 83997 3211 NorthFrontStrect PO Box 5300 Harrisburg,PA 17110-0300 Attorney for Plaintiff Date: 1!3 /1 /00 . I Document #: 180259.1 ''''fffi!'l''; " " ,~ VERIFICATION I, Barclay A. Baird, hereby certify that the facts set forth in the foregoing Complaint Under Section 3301(c) or 3301(d) ofthe Divorce Code are true and correctto the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. g4904 relating to unsworn falsification to authorities. fx3lJV'l{uf ~ I <Bd1ozJ- Barclay A. Baird Date: '1/ 'J.VJ! (JtJ Document #: 180259.1 ~~ , . "~ BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5410 JANET RUBY-BAIRD, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Melissa L. VanEck, counsel for Plaintiff, Barclay A. Baird, hereby certify that a true and correct copy of the Complaint in Divorce was served upon the following, by certified mail, return receipt on August 11, 2000,. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is a copy of the return receipt card indicating service upon: Ms. Janet Ruby-Baird 480 Crossroad School Road Carlisle, PA 17013 Defendant METZGER, WICKERSHAM, KNAUSS & ERB ~ tWtfr1- Melissa L. VanEck, Esquire Attorney Id. 85869 3211 North Front Street PO Box 5300 Harrisburg, PA l7110-0300 (717) 238-8187 Attorneysfor Plaintiff Barclay A. Baird Date: September Jlt, 2002 Document #: 242267.1 ;'; '. ,. I I i ~I ~I al 8. &!I EI a &!I r, ~1 .e 51 ~I '"I t= I 1 <;; SI;NOER: . ':5! . Complete Items 1 and/or 2: for additional services. , UJ . Compl$ items 3. 4a. and 4b. . . . Print your name and address on the reverse of this form so that we can return this .. "."Ho you. . . ~ . Attach this form to the front-of the m~llpleoe. or on the back If space does not ~ .. e::It;,Retum RscsJpt Flsqusstecr an the mal~ below the article number. .c . The Return Receipt wID show to whom the article wQ delivered and the dale - delivered. li 3. Article Addressed to: '" ! "6. E o " I also wtsh to receive the following senilces (for an extra fee): 1. 0 Addressee's Address 2. 0 R~sirlcted Delivery Consutt postmaster for fee. 4a. Article Number Z 215 747 341 4b. Service Type o Registered o express Mail I8li RewrT) Receipt for Merchandise 7. Date of ~e,;, 1 ~ MS JANET RUBY-BAIRD 480 CROSSROAD SCHOOL ROAD CARLISLE PA 17013 Iii! Certified o Insured. OCCD 8. Addressee's Address (Only if requested and fee Is paid) 1025'8<18-8-0229 .J:>O stic Return Receipt . it.. r ,!.;.'.... ..~.. ., I1III1 First-Class Mall Postage & Fees Paid USPS Permll No. G-10 UNITED STATES POSTAL SERVICE i-I I I :1 I . I I . Print your name, address, and ZIP Code in this box · HEATHER L HARBAUGH ESQUIRE METZGER WICKERSHAM POBOX 5300 .HARRISBURG PA 17110-0300 BAIRD v. Baird ,:! · I.. ,Ill, ..I.. ill" ,11 II.. ,IIi.." li,lI",Il., "ll,,;n. ..i. "i!.. . I .' -, ~ .. . . " --'-' III r,~. " =,~ _e e, e ,"~ 0 '-.-' 0 C 1'-> K 1; "1J U) Qi ;11 e_ n-, r~" " .-0 rh;n L, .::"(' 2~ r rn S?,~::- 'XJ n ,- r-:~C~ """"'::J () ~S , ,.:.1 +.Of.. ~;; (') ~) ;] i-n ","- :::;:J " J'~ (",-) -'-, -< , "~I~~\~~~~~~Iffimf!ll!llW~;,idl_i,,~,,,.,~~~:~~~~, ""0 BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5410 JANET RUBY-BAIRD, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) and (d) of the Divorce Code was filed on August 3, 2000, and served upon Defendant on August 7, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a [mal Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify tiJat 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. 94904 relating to unswom falsification to authorities. Date: er /),(0 I ~ I ~/~0v ~~ Document #: 240933.1 c,,_. -,< , <r '1~< ~ I~ ~ ..,"" ~ ,"h,~""'." , " .... ~, , ",," ",""c ",7,~~1~1llJ'~~~'W~~m ." ?"?~'-;:""',~l~!r '_ '-'_' '-"- _ g 0 0 N -n s::: U"> "'OU) ~ rh:2:! 52"1' ::D I ~~S zr. en';;:: w ~L.: r;;::c ;t> ~~=H ~o ::l: \40 .--0 9 ::,')\~n >c ~-4 Z :r'V 55 :<! 0'\ ~ '" '_1,\0; ','r">-J~r.__.:,"Z":~,, ",., ~ BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5410 JANET RUBY-BAIRD, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify tiJat 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. S 4904 relating to unsworn falsification to authorities. Date:~ "ProrcQ(l1~ ' \?d ~ a BARCLAY A. BA ~ - \ Document #: 240933.1 ., . " , " c.~_'_!_,""":.-,,JP:~'f'~ '," <"'-'k HN ' .,', ~,~ '" ,.~, _~~_~ ~-~rCilll"" (") 0 0 C N -n ~ '.I) =2 "1J LlJ Cti rOm rn:.TI ..- Z.:Ii I -om zc: "'6 Slz w 0 ~C] :> :J?"n ::i>c~ ::!l:: (-):!J -,.- ) -"'"~O ~r-, '2 6rn >~j C --I ~ N S5 en -<; We -. ,J~IJ!l!l!D,~-,.,,~,!ffli!l~'C""'1',-;^j,,'tn.-, ~,_~ -~-~.~._,-i:~_ ~':'C~~,~,.,>--" .:,. BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5410 JANET RUBY-BAIRD, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) and (d) of the Divorce Code was filed on August 3, 2000, and served upon Defendant on August 7, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. 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. g4904 relating to unswom falsification to authorities. Date: ~ Is-- )(j 7 I ' ~" ~-tJ~ JAN T R BY-BAI Document #: 241314.1 """ ~-- " ~ .~ :$I n '-~'''''-W-W'_''-''''~ i ...-',;0" i_;'"'- ,-"-,,,-,,-""""(-,t'Cl:'Ui,",,,~,,;':"'" ']~~-_:C lW"t';:; 0 0 0 C ,"-.,) TI ;;,:~ (/) --\ U Uj ,,, 'T" nl l,'_-: -0 -;"i -n Z i= Z f'!-;' -''1 r1'1 (r:<l:.: ,) 0 --~- ~< :_) , r-,-------'. '--;-,1 0 ;' .;;~~ V '! .I";' ~:-- :.:2 ._~,~ ('~) ~l r ~- ~ ,~-) ~f 2': -. -- )~ -;( G', :x;, -< .'" , -"..-,,- "~- " '" <,"'- '...,~ F'''''''''''~'~~'''''''''' ,. !"~iM7i_~~~~,,,_~.,.~"' J._ BARCLAY A.BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5410 JANET RUBY-BAIRD, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER & 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a [mal Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the Decree will be sent to me inunediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g 4904 relating to unsworn falsification to authorities. Date: 1h-/o'l.. , Document #: 2413/4.1 -,< , .", ~'-- ., '~- ~ - --, ,~ ,.' - "'l ,~ '~,", "",,, .. --'y-- ~""'-'W', -I' - ~','~'-',;:l~b\~,I-' _~_ __, ~ jM1li'If ~ [ _ ~_::r_ 1ftJ!~~ ;)":~,,~-~~ U~~~Ii'!i"~, .. o c < -cJ(l1 rTlf7'j B~~~:; --< - ,- ~~~ 6~(=) .J<_,o,.__. '-- ~: r' '"., '1~llrn n11ifrilC ,'~" o '''' (/) rTl ." o -r, ------<; -Fp~ -qfTJ '-;0 '-:.~l~b ,-:'1 ~\f~ ""1'] ~~ -'" . , ~~ ,,, ,'- ~~~~!TW.-, 1."",,~ > ,'~' "'~''''. -, ~< BARCLAY A. BAIRD, Plaintiff v. JANET RUBY-BAIRD, Defendant To the Prothonotary: . ~ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No.: 2000-5410 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Plaintiff Barclay A. Baird in the above referenced matter. fa2!~/D I Dae I Document #: 197779.1 ,- ''''1 ~ , . METZGER, WICKERSHAM, KNAUSS & ERB, P.c. ~9-~~~ ~ ~~ /' Karl R. Hildabrand, Esquire J.D. No. 30102 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff ,~ . CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of the Entry of Appearance with reference to the foregoing action by First Class Mail, postage prepaid, this /2--- ~ day of February, 2001 on the following: James A. Miller, Esquire 122 Locust Street Harrisburg, PA 17101 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. X~t2c&~ ~-~ ~ Karl R. Hildabrand, Esquire Document #: 197779. J "(I1iIi,~ " ;'", .4IlI ....... BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5410 JANET RUBY-BAIRD, Defendant CIVIL ACTION - LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF PLAINTIFF, BARCLAY A. BAIRD METZGER, WICKERSHAM, KNAUSS & ERB, P.C. B~v06::~ . Hildabrand, Esquire Attorney J.D. No. 30102 3211 North Front Street P.O. Box 5300 Harrisburg, P A 17110-0300.. (717) 238-8187 Attorneys for Plaintiff Document #: 2296161 <,,~ . , r'- -:=,"-,,-. ,-' -~>"'~ INCOME AND EXPENSE STATEMENT OF BARCLAY A. BAIRD Employer: American Group Address: 3425 Simpson Ferry Road, Camp Hill, PA 17011 Type of Work: Carpenter/Groundskeeper Payroll Number: 056.38.1409 Pay Period (weekly, biweekly, etc.): Bi-weekly GROSS PAY PER PERIOD: $1,503.75 Itemized Payroll Deductions: Federal Withholding: $142.97 Social Security: $115.03 Medicare: Local Wage Tax: $15.04 State Income Tax: $42.11 Unemployment Tax: Retirement: $90.23 Savings Bonds: Credit Union: Life Insurance: Health Insurance: Other: (specify) NET PAY PER PAY PERIOD: $1,098.37 Document #: 229617.1 I'''-,~~ - .-" <"' ., ",,~ - ,-^ - ,'~- 04/22/02 .,;c-~'~'.. OTHER INCOME: WEEK MONTH YEAR Interest (Joint) $776.00 Dividends $5,200.00 Pension Annuity Social Security Rents Royalties Expense Account Unemployment Compo Workmen's Compo TOTAL OTHER INCOME: TOTAL MONTHLY NET INCOME: $2,196.74 Document#: 229617.1 ; 'e<='" . .-.,- - - .-,<, 7 ~ _ ,.- WEEKLY MONTHLY YEARLY HOME: Mortgage plus escrow $1,628.39 (Homeowners Ins.rraxes) Maintenance $150.00 Repairs $1,500.00 UTILITIES: Electric $160.00 Gas Oil $900.00 Telephone/Cell phone $125.00/$20.00 Water Sewer $80.00 EMPLOYMENT: Public Transportation Lunch TAXES: Real Estate Personal Property Income INSURANCE: Homeowners Automobile $117.00 Life - Barclay/Janet $100/$96 Accident Health Other Document #: 229617.1 'z,_ .~_ ~v_ < , , ~~'" ~ -' - - " , AUTOMOBILE: Payments Fuel $120.00 Repairs $400.00 Maintenance $400.00 Licenses Registration $68.00 Auto Club $78.00 MEDICAL: Doctor $2,500.00 Dentist $200.00 Orthodontist Hospital Medicine $1,500.00 Special needs $100.00 (Eyeglasses/contacts) EDUCATION: Private school Parochial school College/Room & Board $500.00 Religious School lunches $5.50 Books/misc. $225.00 PERSONAL: Clothing $100.00 Food $700.00 Document #: 2296/7.1 ," ,~ ,'. Barber/hairdresser $20.00 Personal care $100.00 Laundry/dry cleaning $10.00 Hobbies $100.00 Memberships CREDIT PAYMENTS: Credit card $35.00 Charge account LOANS OR DEBTS: Credit Union MISCELLANEOUS: Household help $40.00 Child care Camp Pet expense $600.00 Papers/books/ $200.00 magazines Entertainment $200.00 Pay TV $29.00 Vacation $2,000.00 Gifts $3,000.00 Legal fees/Accounting $800.00 Charitable $1,839.00 Contributions Religious Memberships Children's $300.00 Allowances Document #: 229617.1 <'''''1'"1 ~. . ~, - . .~ ~" - Other Child Support Alimony payments Lessons for $100.00 Children OTHER: Music Study Sports TOTAL EXPENSES Document #: 229617.1 '.;m . -'-- ., ""r, _c",,~"____ ,.~ CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy of Income and Expense Statement of Plaintiff with reference to the foregoing action by first class mail, postage prepaid, this k day of J ~ ,2002 upon the following: James A. Miller, Esquire 2010 Market Street Camp Hill, P A 17011 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. . Hildabrand, Esquire Document #: 229616.1 -~~ ~ ~- ~ "-~ " " r~ _,' . ~~~Jm =~''""'n~' ,-, ,- -~ 'V" "'"'~ -~ '.-~ ,. """~~~~~~''''- () !;; -os.. n1J~} <~.~ ::;:.-...:,., c0 5~:~ i~[-;;; ;o;~ ,"-':"'!:'C:.' ~o .:"be:: ":>- ~ .. ~~, ",-.- =,' ,-- ".<>.... .-- c) '" c.... ~ - (".) -,., - - :y n1f21 .~J ~1j ~~":J ';"''J ~;:'j ~"="'O 6rl1 '" ~ ::z -, '" .. ''\" (::;, _.nJf_~"_ _,!!II~ )0_'>,,, BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-5410 JANET RUBY-BAIRD, Defendant CIVIL ACTION - LAW IN DIVORCE INVENTORY OF PLAINTIFF Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. ~~,~ Barclay A. Bair Document #: 229625.1 'l.1'\\4!i . < " ,.,.,,,-- ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets in the following pages. (x) I. (x) 2. (x) 3. () 4. (x) 5. (x) 6. () 7. () 8. (x) 9. (x) 10. () II. 0 12. () 13. () 14. () 15. () 16. (x) 17. (x) 18. (x) 19. () 20. () 21. () 22. () 23. (x) 24. (x) 25. () 26. Document #: 229625.1 ,. -~ . , -," " Real property Motor vehicles Stocks, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, 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, workmen's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryNA benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personal property (include as a total category and attach itemized list of distribution of such assets in dispute) Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have legal or equitable interest individually or with any other person as of the date this action was commenced. Item No. Description of Property Names of All Owners Real Estate I. 480 Crossroads School Road Carlisle, P A Vehicles, etc. Joint 2. 1998 Dodge Grand Caravan Joint 3. 1999 Jeep Cherokee Sport Joint 4. 1995 Jeep Cherokee Country Joint 5. 1994 Eagle Trailer Joint Life Insurance 5. State Farm - Whole Life - LF-0939-7689 Husband $14,800.00 6. Conn. General- CG5037417 Husband $5,964.00 $19,193.00 7. New England Life Husband Husband Investments 8. Schwab IRA (1291-2014) Husband $2,741.00 9. Schwab IRA (1291-2015) Husband $18,223.00 10. Legg Mason IRA (156-74796) Husband $5,547.00 11. Paine Webber RA (19857-69) Husband $136,802.00 Document #: 229625.1 "" -;-'- ,--~ , .. ,T",'''~'' , ~~ 12. Schwab (1291-6672HG) Husband $17,176.00 (custodian) Wife Investments 13. Schwab IRA (1289-9953) Wife 14. Legg Mason IRA (156-74795) Wife 15. TIAA annuity and CREF annuity (C2446 I 1-4) and (U2446 I 1-2) Wife $75,114.00 16. Legg Mason (294-1567479512) Wife (custodian) Joint Investments 17. Schwab (1291-2017) Joint $25,745.00 Joint Bank Accounts 18. Mellon Checking account (884-004-7859) Joint $8,229.20 19. Mellon Savings account (00355-040077) Joint $2,489.63 Husbands Bank Accounts 20. Mellon checking account w/interest (100-016-0182) (opened 6/15/00) Husband $15,001.00 Husband Retirement None Wife Retirement 40 I (k) Document #: 229625.1 -Co ~ _ , H '.__._n__ . 1.' .--, Personal Property 21. 22. Household furnishings and personal property Household furnishings and personal property Document #: 229625.1 -''-'<1" - " Husband Wife $800.00 $60,000.00 NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property. Names Item Description of All Reason for No. of Property Owners Exclusion 1. 2 Canadian Properties Husband Pre-marital Document #: 229625.1 i i '1-"(': , ~ q Item No. PROPERTY TRANSFERRED Description of Property Date of Transfer Document #: 229625.1 ~. ...,7 ,.., ' Consideration Person to Whom Transferred " LIABILITIES Names Names Item Description of All of All No. of Property Creditors Debtors 1. Mortgage Chase Manhattan Barclay A. Baird Mortgage Co. Janet Ruby-Baird 2. Credit Card Citibank Barclay A. Baird Document #: 229625.1 "YIl~ CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and exact copy ofInventory of Plaintiff with reference to the foregoing action by first class mail, postage prepaid, this (0 day of \ tAU! ,2002 upon the following: 0 v .~, James A. Miller, Esquire 2010 Market Street Camp Hill, P A 170 II METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~~~ J.D. No. 30102 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff ~ I Date: (y l 0 -01-- Document #: 229625.1 "'-'1... ~ ~ ", . ,~ " >"- .-, ,-, , .'- " ".,e c" ~ C^ ',- ,- . " ,~_ ,',x_ ,_"~ ,.u _'~_",_ .,..__'" _~[,_, ~~ ,"~,~,.",~>~ ,~,'" .'~~__~ /,~.~~~ ".~.JI!!. .."., ."_ _':']"__ TW;Mll1~-_,. R.- -', (") f;:: '"V~ L"h},;~ ~5~: ~~: s;-() c::: 2: :::;! ~ r:y i'v <:> "-,,^,"-""-.' 'T"'-'F'''~;'lr: c:> 1'\) c..... ,- c- ~ (") -." =rJ '~-;i ""1"} l,~ ~:TJ rn -00 \.:J 1.. -.,(. j """'~ . f~ ;:-,i',--M -'0 61'11 ~, ;g -:: - - ~:? ~~ ~""~_~1l1 '",,~ ',_,,'-t- . BARCLAY A. BAIRD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW vs. NO .00 - 5410 CIVIL 19 IN DIVORCE JANET RUBY-BAIRD Defendant STATUS SHEET DATE: ACTIVITIES: --"i'M'" BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5410 CIVIL JANET RUBY-BAIRD Defendant IN DIVORCE TO: James A. Miller Attorney for Plaintiff Karl R. Hildabrand Attorney for Defendant DATE: Friday, June 21, 2002 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. .-:m~6 ~ " '." , :'~' " (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. . ,. , ..'or- SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 June 27, 2002 Other Offices Colonial Park Mechanicsburg 717-652-7020 717-691-5577 Millersburg Shippensburg 717-692-5810 717-530-7515 E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, P A 17013 Re: Baird v. Baird Docket No.: 00-5410 Dear Mr. Elicker: I am returning to you the signed Certification that discovery is complete in the above matter which is submitted on behalf of Plaintiff, Barclay A. Baird. Thank you. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~Q-~ Karl R. Hildabrand KRH:cl Enclosure cc: James A. Miller, Esquire (with enclosure) Barclay A. Baird (with enclosure) . ',~ ,,' , ,- ~ ' - . . JamesF. Carl Edward E. Knauss, IV* Jered 1. Hock Karl R. Hildabrand* Steven P. Miner Gark DeVere 'E. Ralph Godfrey Steven C. Courtney Francis J. Lafferty, IV David H. Martineau Andrew W. Norfleet Melissa L. Van Eck Andrew C. Spears Young-Suh Koo * Board Certified in civil trial law and advocacy by the NatiDlUll Board a/Trial Advocacy I~~"~_' ~I Document #: 237626.1 SINCE 1888 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 717-238-8187 Fax: 717-234-9478 Septernber26,2002 Other Offices Colonial Park Mechanicsburg 717-652-7020 717-691-5577 Millersburg Shippensburg 717-692-5810 717-530-7515 E. Robert Elicker, Esquire 9 North Hanover Street Carlisle, P A 17013 Re: Baird v. Baird Docket No_: 00-5410 Dear Mr. Elicker: Enclosed please find two (2) copies of the Marital Settlement Agreement which was reached in the above referenced case. At your convenience, would you please file an Order to relinquish jurisdiction in this matter so that the Court may grant a divorce to the parties. Thank you for your consideration in this matter. If you have any questions or concerns, please do not hesitate to contact me. Very truly yours, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~z Andrew C. Spears --- ACS:cl Enclosures Do~ent#:24290~1 JamesF. Carl Edward E. Knauss, IV* Jered 1. Hock Karl R. Hildabrand* Steven P. Miner dark DeVere E. Ralph Godfrey Steven C. Courtney Francis J. Lafferty, IV David H. Martineau Andrew W. Norfleet Melissa L. Van Eck Andrew C. Spears Young-Suh Koo * Board Certified in civil trial law tmd advocacy by the National Board of Trial Advocacy iH ,',- -, -~, ~'" ,- -'.- .- '0 " ," ,.,~- ';-,1" .. &;lJ}ID~~ BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5410 CIVIL JANET RUBY-BAIRD Defendant IN DIVORCE TO: James A. Miller Attorney for Plaintiff Karl R. Hi1dabrand Attorney for Defendant DATE: Friday, June 21, 2002 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. -'lll:i:-,,!rT ,~ ; ,. ,."" . ... (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Co- 'Zio-- 0).. DATE ~vc/&d~ OuNSEL FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ;"'1-,' ---",-" . , ~) , I I [!r,~~ '., ,0 -,,-", ,'. '-"" .~ .. . Jlll~I,..".",^ !~~~~''i'lllfJ<'<tfJ1l!!*II1lffi''~~~!~''ljH~~~ . ,r . r ,-~ LAWbF"F"ICES OF" ..JAMES A. MILLER REPLY TCl MAIN OFFICE: 2010 MARKET ST. . CAMP HILL, PA 1701 1 . (71 7) 737-6400 F"AX (717) 737-5355 EMAIL: PAATLAW@MSN.CDM WEe: PAATLAW.CDM .JAMES A. MILLER, ES~UIRE CHRISTOPHER .J. KELLER, ESQUIRE Wednesday, July 03, 2002 E. Robert Elicker, II, Esquire Master in Divorce 9 North Hanover Street Carlisle, P A 17007 Re: Baird v. Baird No: 00 5410 Dear Mr. Elicker: Enclosed please find Defendant's certification of readiness in the above. I appreciate your attention. Sincerely, HARRISBUR[3: TELEPHONE (717) 236-5161. F'AcsIMILE (717) 236-8747 to!! -,., . ~ BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5410 CIVIL JANET RUBY-BAIRD Defendant IN DIVORCE TO: James A. Miller Attorney for Plaintiff Karl R. Hi1dabrand Attorney for Defendant DATE: Friday, June 21, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. l 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. - IJ 0 (/IrUII11(.f.,q.'tJ b.f 14-17 f~ ~1(,~b....'1lJ !t(CD1.- 7rt'S':n" p~l>cIY\il(t, (~.c4 f I 'e tt) V "(""'L f ~ J",(w-1M f\f!<I!Je) fo/ C~J4-lr.lry -- "', .. ,- ','-r-' -, '''' _~ "- - ><" . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. / ;'fvv-t 81 Ctr~,V'l> .-r 0 b~ 5 ~~V""; rreJ 1-0 thwWL f ()91PV~J. ~7 7/1) Uk-c'er",,! (,-) PLAINTIFF ( ) DEFENDANT (}o) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ""4. . - ,- .. ... , , BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5410 JANET RUBY-BAIRD, Defendant CML ACTION - LAW IN DIVORCE ORDER APPOINTING MASTER AND NOW, this rV / I rv ,2002, e ~ ~, Esquire, is appointed master with respect to the following claims: divorce, and distribution of property. By the Court: /'tJ. t~~ N{S i~t; w'i \ dCLb fQl\Jd ,- V h; Ile~ Document #: 229632.1 ',~ , . ~ " - \,d{"';;;"'" "~'';';;:'~-''-'[-' ~.-"-'~_. ." /}>',1:~~.,:<"II ;' _,.,_y'S.___../-V,J~,.'1._" _ ,,,," ..,N,. " _"e",~',..,-.".__~ _ <<; ., iilil1!l~"'-' ii.1lIiil:!>llJlll:a~idi_"'" .',".~"- -",,'-'W,~_ '." - ~- - ,. ~ F\\.ED-.,(JfFiCE ~~ T"- .". r,-" 'N 1)'ARY t JF. -...:,- c",.I, ,! :,-'1 ,\\.{ \' ,~.' ' , ,j _' I,," . 02 JlJi\ II Pi; 2: 34 CUMBERLN~D couNTY PENNSYlVANIA ',' !",-, ; " ,,0'< '" 'e"~ I .: ~ ",~\~J\,;l ',! \~\f' ""J "'" ,'," ~ , -- --,. ^'--~ ., ,~ ,',' 'I I I llr ... , BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5410 JANET RUBY-BAIRD, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER AND NOW, Barclay A. Baird, Defendant, moves the court to appoint a master with respect to the following claims: (x) ( ) ( ) ( ) Divorce Annulment Alimony Alimony Pendente Lite (x) ( ) ( ) ( ) Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment ofa master is requested. (2) The Plaintiff has appeared in the action by her attorney, James A. Miller, Esquire. (3) The statutory grounds for divorce are 3301(c), 3301(d), and 330 I (a)(6) of the Pennsylvania Divorce Code. (4) The action is contested with respect to the following claim: (a) Divorce (b) Distribution of Property Document #: 229632.1 ",-"- ,1"", "~. ", ' " . '"".,' ... .' (5) The action does not involve complex issues oflaw or fact. (6) The hearing is expected to take four (4) hours. (7) Additional information, if any, relevant to the motion: N/ A ~")2-c6~ ,___ K I R. Hlldabrand, EsqUIre I. D. No. 30102 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 Attorneys for Defendant Date: Co - ( 0- 6 2.-- Document #: 219632.1 '1"'- - . -. ~_.-" ~~....,..,.. I , CERTIFICATE OF SERVICE I, Karl R. Hildabrand, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of the Motion for Appointment of Divorce Master :~wmiff~::- 00 ~2:~:: :::::'" d,,,~, po.,.' -~ flU, to day James A. Miller, Esquire 2010 Market Street Camp Hill, PA 17011 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ~Qr.lc Karl R. Hildabrand, Esquire ~ Document #: 229632.1 -",.. :.~. , ,--~ 'Il ~" - ","" ~'" H, '"' ", -" ~, ~ ,,', . ,">" ,.-.,' -~., ",. ~. H~ ":"<<~-<". ,',- -WI" __~~I!'):j1m'll _~~ "',"~"' , .' () ~ "1:)- ....'.,t;tJ f.!<fr"f ~'""1-, 2"'" C0~-~: ~S~ .co, to;;>. ,,-..~ ~O' c:: :c: ::;; , ry "> o "'-lil'ltillli'11 J"~i\~;/" ---- ! o N c..... c:: lZ ~ ;:;;1 I~-fj:n ::!:JFn ~{]O (,.),~ :i!"f; .-,..' ::d ~)c_) Om ;g -< - " :4:; ,-,1, _."~",,,M~!.t_,.,~ _~_ r.r.~,_,_",_ iJ6 . SLI/O M A RTT AT. SF.TTT .F.MF.NT Ar.RF.F.MF.NT TIllS AGREEMENT, '""'" <hi,,!'} ~ "'" of ~ 2002, by md _ B=1ay A. Baird (hereinafter "Husband") of Lemoyne, Cumberland County, Pennsylvania and Janet Ruby- Baird (hereinafter "Wife") of Carlisle, Cumberland County, Pennsylvania. WITNESSETH: () c' 0 C r-v -'1 WHEREAS, the parties are Husband and Wife, married on December ~~19'l7J in;~~-n z::u ' -/ r-~ :-~~ 3 Rochester, New York; and ~ i5 ~) t::~ ~~ ~ . ~.~? ;_\ ~f1 WHEREAS, two children were born of the marriage, Erin Rachael Baird (d.o.l~~/81)3.nd ~~ ~;~ z .~ ~ ~ f., ~ Michael David Baird (d.o.b. 12/16/83); and WHEREAS, unhappy differences and difficulties have arisen between the parties, in consequence of which the parties intend to live separate and apart for the rest of their natural lives; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including but not limited to the ownership and equitable distribution of real and personal property; past, present and future support, alimony and/or maintenance; and any and all claims which either party has, or may have, against the other or the other's estate; NOW, THEREFORE, in consideration of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which the parties acknowledge, Husband and Wife, each intending to be legally bound, hereby covenant and agree as follows: i I I , ,- Document #: 189415.1 ~;.."..=~ . . e.? ~~.. 1. SFPARATTON Each party shall have the right to live separate and apart from the other party, free from the other party's interference, authority and control. Neither party shall interfere with the other or attempt to interfere with the other, nor compel the parties' cohabitation. 2. m lSRA NO'S A NO WTFF'S DERTS Except as otherwise set forth in this Agreement, the parties represent and warrant to each other that they have not incurred and will not contract or incur any debt or liability for which the other or the other's estate might be responsible. Each party shall indemnify and save harmless the other party from any and all claims or demands made against the other by reason of debts or obligations incurred by that party. Documen/ #: J 894 J 5. J 2 ";cr;_~> ' _ 'W__ _ ? , All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom including reasonable attorneys fees incurred to enforce this indemnification. Damages are used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indenmity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. DocumenJ #: J 89415. J 3 '", ~~ - :,:! , ! :I ":1 ~i 1 :,:-i " 'I ,I 1 1 .~""" 3. WATVFR OF RTGHTS AND MlTTTTAL RELFASES Except as provided in this Agreement, both parties absolutely and unconditionally release and forever discharge each other and their heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship, whether such claims exist now or arise in the future. This release shall be effective regardless of whether such claims arise out of former or future acts, contracts, engagements or liabilities of the parties or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or other country. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement, each party gives to the other an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other, including but not limited to alimony, alimony pendente lite, spousal support, equitable distribution of marital property, counsel fees or expenses. 4. RFAL FSTATF The parties own as tenants by the entireties improved real property situated at 480 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania ("marital residence"). In consideration of the mutual promises of the parties, it is agreed as follows: Document #: 189415.1 4 ~._-~, ~~.....". :1 'I " i :1 :[ tj "lj !i (e) , !! ji ;( f' ::i 'I ,i! ., ):1 )!! ~: ); II i 1'-1 .:: iU 1:1 11 "I "! ~'-'-'~~ ~, (a) Wife shall utilize her best efforts, with due diligence, to have husband removed as an obligor on the mortgage or refinance to remove husband from any liability with respect to the property. Contemporaneous with the removal of husband as an obligor on the mortgage or with the refinancing husband shall execute a deed conveying to wife all of his right, title and interest in the marital residence, free and clear of all encumbrances. (b) Husband shall pay for preparing and recording the new Deed. ( c) Wife shall be responsible for payment of the mortgage, taxes and insurance with respect to said property and agrees to indemnify husband for her failure to do so. (d) In the event that Wife is unable to secure the release of husband from the existing mortgage and is unable to refinance to remove husband from said obligation within six months from the date of this agreement the parties agree that the property shall be listed for sale with a reputable realtor at a reasonable price. Sale expenses shall be paid out of the gross proceeds (including realtor's commission) and the net "". proceeds (after satisfaction of existing mortgage) shall be paid to Wife. Husband is a joint owner with his brother and sister of two properties in Canada known as Astounder Island and Island 45C, St. Lawrence, Ontario. Contemporaneous with the signing of this agreement Wife shall execute a Quit Claim Deed relinquishing all of her right, title, interest or claim, if any, in said property. Husband will bear the expense of preparing and recording said deed. Document #: J 894 J 5. J 5 .,.. 1". ~-_ _. .-~ c - S. mV1STON OF PFRSONAl. PROPERTY All personal property currently in Wife's possession shall be the sole and separate property of Wife, with the exception of items listed as Exhibit "A" attached hereto which shall be Husband's personal property. All personal property currently in Husband's possession shall be the sole and separate property of Husband. It is agreed that Husband shall take possession of the personal property identified herein within thirty (30) days of the date of this Agreement at a time and place to be agreed between the parties. 6. MOTOR WmrT ES Husband shall retain sole and exclusive ownership of the 1998 Dodge Grand Caravan in his possession and agrees to assume sole responsibility for all outstanding encumbrances, if any. Wife shall retain sole and exclusive ownership of the 1999 Jeep Cherokee Sport in her possession and agrees to assume sole responsibility for all outstanding encumbrances, if any. Wife I I I I I I also shall retain sole and exclusive ownership of the 1995 Jeep Cherokee Country, currently in daughter's possession, and agrees to assume sole responsibilities for all outstanding encumbrances, if any. Wife shall retain sole and exclusive ownership of the 1994 Eagle Trailer in her possession and agrees to assume sole responsibility for all outstanding encumbrances if any. ;j Both parties agree to execute, within thirty (30) days of the date that this Agreement is :)1 signed by both parties, any and all forms, titles and documents necessary to transfer the aforesaid :1: ti 1) titles from joint/individual ownership of the transferring spouse to the individual ownership of the '~ :;: other. ~l i " ,I ::1 iI Wife agrees to indemnify and hold Husband harmless from any loss or expense incurred by him as a result of Wife's failure to fully carry out the terms of this paragraph. Document #: /894/5,/ 6 ri ,.~ ~ -- "'ffi , ~ -~ ~ ;: ;j ,i i-~ (~ :i ! ;J i,_:' :-:, ;.', i " '-j ,j j;~!Jil~ ." --- 7. JOINT DERTS The parties acknowledge that they have no debts which were jointly incurred during their marriage. Any debts Qr obligations incurred by either party in hislher individual name, other than those specified herein, whether incurred before or after separation, are the sole responsibility of the party in whose name the debt or obligation was incurred. Document #: 189415.1 7 - All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or. proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom including reasonable attorneys fees incurred to enforce this indemnification. Damages are used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreernent, or breach or default in performance by Husband or Wife of any obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. Document #: /89415.1 8 , . . . ,-- . 8. RANKRllPTCY The parties hereby agree that they have specifically structured this Agreement so that the payments and undertakings made by each party shall be non-dischargeable in bankruptcy, under U.S.C. g 523(a)(5), g 523 (a)(15) or otherwise. In the event either party files bankruptcy and such obligations are determined to be dischargeable in bankruptcy, that party agrees that such event shall automatically entitle the other party to the entry of an award of alimony in an amount commensurate with whatever obligation he or she has incurred or any payments he or she has lost as the result of the other party having filed bankruptcy, including attomey's fees, which award shall be adjusted upward taking into consideration the additional tax ramifications attributable to such alimony award. 9. RETIREMENT RENF.FITS During the marriage, Husband and Wife acquired IRA accounts with Schwab & Legg Mason. Husband presently holds an investment account with Paine Webber and Wife presently holds a retirement annuity account, by virtue of her employment with Shippensburg University. Husband shall receive the following accounts and Wife specifically waives, releases, renounces and forever abandons all of her right, title, interest or claim, whatever it may be, in the following accounts and in any other pension/retirement/IRNinvestrnent accounts or like plan of Husband, whether acquired through Husband's employment or otherwise, and hereinafter said accounts shall become the sole and separate property of Husband. Schwab-IRA-1291-2014 Schwab-IRA-1291-2015 LeggMason-lRA-156-74796 Paine Webber-RA-19857 69 Document #: /89415.1 9 >.:;~ , ~- Wife shall receive the following accouhts and Husband specifically waives, releases, renounces and forever abandons all of his right, title, interest or claim, whatever it may be, in the following accounts and in any other pension/retirementlIRAlinvestment accounts or like plan of Wife, whether acquired through Wife's employment or otherwise, and hereinafter said accounts shall become the sole and separate property of Wife. Schwab - IRA - 1289-9953 LeggMason-IRA-156-74795 TIAA-C244611-4 CREF - U244611-2 During the marriage, the parties acquired ajoint Schwab investment account, number 1291- 2017. Husband has transferred this account from joint ownership to individual ownership of Wife. 10. PAYMENTTOWTFE In consideration of the joint promises and covenants set forth herein Husband shall pay to Wife the sum of $55,000.00. This payment shall be made directly to Wife over a five (5) year period wherein Wife receives $10,000.00 each year. The first payment shall be made to Wife within three (3) weeks of the execution of this Agreement by both parties. Each of the remaining payments shall be made on February 151 thereafter. This transfer of money shall constitute part of the parties equitable distribution settlement and shall nut constitute alimony. 11. DTVTSTON OF RANK ACCOlTNTS Husband and Wife acknowledge tiJat all joint bank accounts have been closed or divided to their mutual satisfaction prior to the execution of this Agreement Document #: /89415./ 10 ''Z," -~~.~. , - ,~~, 12. A FTER-ACQT TTRED PROPERTY Each of the parties shall own and enjoy, independently of any claims or rights of the other, all real property and all items of personal property, tangible or intangible, hereafter acquired, with full power to dispose of the same as fully and effectively as though he or she were unmarried. Any property so acquired shall be owned solely by that party and the other party shall have no claim to that property. 13. SPOllSAT. SlTPPORT AT.TMONY PENDENTE T.ITE, AND AT.TMONY Except as otherwise provided herein, Husband and Wife waive and relinquish all rights, if any, to spousal support, alimony pp.nnp.ntp. lite, and alimony. Any transfer of monies between the parties pursuant to any term of this Agreement shall nut constitute alimony but is made as part of the parties' equitable distribution settlement. 14. T.TFE TNS1JRANCE Husband has life insurance policies with State Farm and Connecticut General. Husband shall retain his life insurance policies and all rights attributable thereto. Husband is also the current owner of a New England life insurance policy of which Wife is the insured. Husband has transferred the ownership interest in the New England life insurance policy into Wife's name only. Each party hereby waives, releases, renounces and forever abandons all of their right or interest in the other's life insurance. Document #: /894/5.1 11 :2"~ ~ ~=,~~ - ~ . ' r,. 15. TAXMATTFRS The parties have negotiated this Agreement with the understanding and intention to divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to constitute in any way a sale or exchange of assets. It is understood that the property transfers described in this Agreement fall within the provisions of section 1041 of the Internal Revenue Code, and as such will not result in the recognition of any gain or loss upon the transfer by the transferor. 16. STJRSRQTTFNT DlVORCE There is pending between the parties an action for divorce instituted in the Court of Common Pleas of Cumberland County, Pennsylvania, at Docket No. 00-5410. Husband and Wife agree that their marriage is irretrievably broken and that the same shall be dissolved pursuant to ~3301(c) of the Divorce Code of Pennsylvania. The parties therefore agree as follows: (a) Husband and Wife agree to sign Affidavits of Consent agreeing to the entry of a final decree of divorce as well as Waiver of Notices of Intention to Request Entry of a Divorce Decree under Section 3301 (c) of the Divorce Code. (b) Neither party requested counseling prior to the filing of said Affidavits of Consent and therefore the right to request such counseling shall be deemed waived. 17. COlTNSFT, FEES A NO EXPFNSES Except as otherwise specified herein, each party shall be responsible for payment of hislher own counsel fees and expenses. Document #: 189415.1 12 ,~--~ . . . 18. ADVTCF OF COTTNSFT , The parties acknowledge tiJat each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and, obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980 as amended, and other applicable laws. Each party confirms that he/she understands fully the terms, conditions, and provisions of this Agreement and believes them to be fair, just, adequate and reasonable under the existing circumstances. The parties further confirm tiJat each is entering into this Agreement freely and voluntarily and that the execution of this Agreement is not the result of any duress, undue influence, collusion, or improper or illegal agreement. 19. EFFFCT OF nTVORCF DEI:REF ON AGREEMFNT Either party may enforce this Agreement as provided in section 3105(a) of the Divorce Code, as Hmp.nnp.n. As provided in section 3105(c), provisions of this Agreement regarding equitable distribution, alimony, alimony pendente lite, counsel fees or expenses shall nut be subject to modification by the court. 20. DATFOFFXFCTmON The "date of execution", "date of this agreement" or "execution date" of this Agreement is the date upon which it is signed by the parties if they sign the Agreement on the same date. Otherwise, the "date of execution", "date of this agreement" or "execution date" shall be the date on which the last party signed this Agreement. Document #: /89415.1 13 21. HFADTNGSNOTPARTOF AGREEMENT The descriptive headings preceding the paragraphs are for convenience and shall not affect the meaning, construction or effect of this Agreement. 22. SEVERARTT.TTY AND TNDEPENDENT AND SEPARATE COVFNANTS Each separate obligation shall be deemed to be a separate and independent covenant and agreement. 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. 23. AGRFEMENT RlNDTNG ON HETRS This Agreement shall be binding on and shall ensure to the benefit of the parties and their respective heirs, executors, administrators, successors, and assigns. 24. TNTFGR A nON This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations, warranties, covenants or promises other than those expressly set forth in this Agreement. 25. MODlFlCATTONOR WAlVFR TORE TNWRTTTNG No modification or waiver of any term of this Agreement shall be valid unless in writing and signed by both parties. 26. NO WATVER OFDEFATTTT The failure of either party to insist upon strict performance of any term of this Agreement shall in no way affect the right of such party hereafter to enforce the term. Document #: 1894/5.1 14 -.<:,-";->1' ...... - 27. VOT.TTNTARYFXECTJTION The parties acknowledge that this Agreement is fair and equitable, and that they have reached this Agreement freely and voluntarily, without any duress, undue influence, collusion or improper or illegal agreements. 28. APPTWARTFLAW This Agreement shall be construed under the laws Of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980, lIS "mp.nnp.rl, 29. ATTORNFYS' FEES FOR ENFORCFMENT If either party breaches any provision of this Agreement, the breaching party shall pay all reasonable legal fees and costs incurred by the other in enforcing this Agreement, providing that the enforcing party is successful in establishing that a breach has occurred. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. WITNESS: LfYJti~ f/ Va){lli Document #: 189415.1 15 tml, ,~..I~ ~" COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the ~r!cday of ~, 2002, before me, the undersigned officer, personally appeared Barclay A. Baird known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my, . SAMJn~~%lt! Notary Public C~ of HarrlSDurg, PA Dauphin County My Commission EJ(plres June 10, 2006 *************************************************************** COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the ~ day of A-'1/{ l.<.d~-;002, before me, the undersigned officer, personally appeared Janet Ruby-Baird known to me or satisfactorily proven to be the person whose name is subscribed to in the foregoing Marital Settlement Agreement, and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL JAMES A. MILLER, Notary Public Bore of Camp Hill, Cumberland County. PA MY' Comm\ssion Expires April 30, 2005 Document #: 189415.1 16 w ~~ ,-'_ ,~~, _. " - ." _ ~,_,.c F,XHTRTT "A" IDrSRANn'S PF.RSONAT. PROPF.RTV I. Painting of ship and sea scene over mantle in marital residence. 2. Woodworking tools located in garage. Document #: /89415.1 17 ,~.,.iI~~ . . " ~~.. BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5410 CIVIL JANET RUBY-BAIRD, Defendant IN DIVORCE ORDER OF COURT AND NOW, this :J..~ day of (]tz;~ 2002, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated August 26, 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, ~or~ cc: James A. Miller Attorney for Plaintiff Andrew C. Spears Attorney for Defendant ~~ IV - {);L. 0.2.- ~, b'c"~~'" . V! ". ~ ~ '., , ,.". "1iiIIliIilll,jo "..lIiIIiiiiii - ,~ -~-' ':Ekl. ~-oi:"; ~': , <O"'.;;,j",lim:olll- i ~;;.:,-,F,.;.j ,,~;--,-"--;--;~, i:.liii.~I-"-:'''--~ f~\lEf)..Ofr-:8~: OF c,~_':r':r-\"y-,:nl/~HY OZ' OCT .) ''^~. n^ I ... ,. r,t_", \..1. ~! \ .}... . , .... nl ... ,'... CUI F....." .'. y n '.,\ 'NT" VId-t:.tiU"",;\U l..;U..hI1 PENNSYLVN'.J1A ,~ " , , ~ ":~ _roO. 'iai:ifIit; ~.:.&j " \,. 'I ',' " , :,,:: ~I,,-~~,-' l. -~, -- , '; ~ " ':.;;w ~~,,:,-!'I II II ,I ,I :1 II II II [I " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW .. ~{'ANj\'i.. " ~ --\ DCc\I-J P"laintiff ;, File No. C l - ']4 I Q vs. : IN DIVORCE : :J \vv\ {T tl."k,t/\. \ V-I v-, \ I. )1-,{, V -Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter. having been granted a Final Decree in Divorce on the 1"iS" day of d ( \-Z-' bt IlL.. . hereby elects to resume the prior surname of R.u 101-\ . and gives thiis written nO,tice pursuant to the provisions of 54 P. S. S 704. DATE: ~)?Jm.~a.9- , ?-DO;).- I <I:;" name being ~Q.Y'\e.1" A. R COMMONWEALTH OF" PENNSYLVANIA: COUNTY OF CUMBERLAND SS. On the rj f) /fLd day of -,\IOVe.fVL~ 1.JDo2.. before me. a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. seal. In Witness Whereof. I have hereunto set my hand and official Nota ,,' ' NOTARIAL SEAL KATIE e. KERSTETTER, Notary Public Borough of Carlisle, ~umberl~nd County My Commission Expires April 26, 2004 :all' ,~, , , " , .~~ ... = ~'" , , r;.~ , . . .' 't L4' ....... ~ l:. .~ ,,, wP , '" f . . .... M ~"'~""~Iil' . "n[lifn'"'illl"'f C) <:;) 0 ~ N .,., ~t:O :or ::;j ~\, -!Jj i"~1:n.. Z~ ~> j- :gg ~<<. ~"":) :5CO " -~ ~O :r'''' :x --:"~~D :s~ ~ !i~j(-. 15m ~ .....;, -I t.;l;. ?6 0"\ -< ~-~ ~~~,,~~.l\21!l"""_t~I!JIl"'!IQjlli"~ljJl~:_,~,",,","""","_,=~ ,~~-"''1tl;H"",::a"*~fM'!l\I~.'{ to.,..._~~~~ tl%$!J'iZf4!;:$&it!,;%',fIms%l~~-'D,\1i,l12if.sJtj~;'€:0i;\.Nif~]f~ i I I i I I ~ ;Li 'I' , ....r o _ ~~ ~ 0"::--- dt~ ~ - ~ ~ >> - 0 ~ . ~: - cnn> - - . ODD r .Z >- c:oo Z j;.....m CIIl=B"ft ..., 1!:;!!~::!I:!!j ::.. m_ ", .....czm;:;j ;- OmCClzt 'TI~i:~""', ~I!~.....t ' ~ ~ :em2!....e ::::: >>co~::a t: ::DCO..... m CI>:zJ~= elm elm ::... :II'" m - .. .. - m 0 ~ . el L el ... ::c m :II \ ~~~Ir! . .......... o n"n " " a,Qg.4' , ;!:.. c ~ g. ","", ctl:4_;:roo ~ ::r ~ 0 sggg.gi'::! ~n~- ~" .e;, -.J CIl 0 '< 0 0..0 " ,..... c a z '" B; '< C') " ~ ~ lJ\ '" ........... \:J "U o '" ... ". " m u..a ....... III it I'!' '~! il .1!':! ,<~,,!!l'1i' i /t ./f , BARCLAY A. BAIRD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-5410 JANET RUBY-BAIRD, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER APPOINTING MASTER AND NOW, this rV / ( (0 ,2002, e I&-kd ~, Esquire, is appointed master with respect to the following claims: divorce, and distribution of property. By the Court: f; J. Document #: 229632.1 ;>;~~~ ~ .~~."~'"-~" ~~ ~~= """'--