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Home My WebLink About00-05944 ~~ ~ ~ ~ ~ ~ ~ ~ . ~ . ~ . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . ~ ~ PENNA. ~ STATE OF . OMER H. BLACK, JR., . ~ . . No. 2000-5944 Plaintiff . . VERSUS . . . . SARAH P. BLACK, Defendant . . . . DECREE IN DIVORCE . 00 J. q~5Dp ?~IT IS ORDERED AND . AND NOW, ~ Omer H. Black, Jr. DECREED THAT , PLAINTIFF, . ~ " Sarah P. Black AND , 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. . . . . . ~ " ~ . . . . . ~ . . . ~ . J. . '. . " . . . PROTHONOTARY ~ . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . " " . . . . . . . . . . . . " . .. " -, "I ~I q fl , 2j \._,T 'I' i -1, ,. <f.Jf -1J'f ad- ~ ~~ a:f~~ 1.~1t.t1i/ '11~ ~ ?t 4 ~ ~~ ,. "- ",-,' ., [( [ml(l,]l:u^_,.,A~!lt~!'l1tIll'~UI!~MJo ~~"",,,,'~ -r-~~ . "' " >~- ~'- . < ~ '.', ",,- ""--''' -k'." .'$", d"'",,",,,~, ,,,' d.-"'".,","~'....;,^'""""'" OMER H. BLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v. SARAH P. BLACK, Defendant CNIL ACTION - LAW No.: 2000-5944 IN DNORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) and/or (d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Sarah P. Black by certified mail, restricted delivery, on or about September 2, 2000. The Affidavit of Service was filed with the Prothontoary on or about March 30, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution ofthe affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff: July 22, 2004 by defendant: July 22, 2004 (b )(1) Date of execution of the affidavit required by Section 3301 ( d) of the Divorce Code: December 31,2003. (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: January 6, 2004. 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 26, 2004 Date defendant's Waiver of Notice in Section 330l(c) Divorce was filed with the Prothonotary: July 26, 2004 Date: July 27, 2004 () ....., 0 = c: = " .".. J:'" "'- c.... "-I -OCt) ::I:..,., 1111'1" c;:; rOr:: Z::u r- :Em zr; N 0) ~.;. (Xl 06 r::cj ::?'i'; !'<.. -0 --n Ji;:o :x ~n ~o (')rrl C ~ ...:, 2: ?E ~ N <::) -< ~, 0 ,< ", ~,. b ~ OMER H. BLACK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-511"fIVIL TERM IN DIVORCE SARAH P. BLACK, Defendant NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in 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, Cumberland County Courthouse, 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 MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Peunsylvania 17013 717-249-3166 1-800-990-9108 ~~ ..-.. . "-'--""""-,,,,,, "-" - w _~,. - ",,"";_, AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. - ~" -" '"oj I I I OMER H. BLACK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000-.my CIVIL TERM SARAH P. BLACK, Defendant IN DIVORCE COMPLAINT IN DIVORCE PURSUANT!Q SECTION 3301(c) OF THE DIVORCE CODE NOW comes the Plaintiff, Orner H. Black, Jr., by his attorney, Mark D. Schwartz, Esquire, and files this complaint in divorce against the Defendant, Sarah P. Black, representing as follows: 1. The Plaintiff is Orner H. Black Jr., an adult individual residing at 4020 Enola Road, Newville, Pennsylvania 17241. 2. The Defendant is Sarah P. Black, an adult individual residing at 4020 Enola Road, Newville, Pennsylvania 17241. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. -.- == ,~""'.-" '''',,",~O___'_~''~""~~~'_~''~",",''_,_ -.,"",.", '-. .--'tU 4. The Plaintiff and the Defendant were married on September 21, 1996 in Roxbury, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. There were no children born to this marriage. 7. Pursuant to the Divorce Code, Section 330l(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 8. The Plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff demands judgment dissolving the marriage between the two parties. Respectfully submitted, By: IR~IGUT & HUGHES JS;~ 'Mark D. Schwartz, Esquire Attorney for Plaintiff ~ Date: August L:S , 2000 West Pomfret Professionall3uilding 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 70216 " ~~ .~ .-- --~"_. ~~"'. VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this Complaint and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. {4-.~/&{I OMER H. BLACK, Date: August 2~, 2000 ." , ~ ~. - ~- --.>.~" '".~. .- . .- -~- . ','_F' OMER H. BLACK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2000- CIVIL TERM SARAH P. BLACK, Defendant IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being du1y sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verifY that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. rr#' Date: August 7,<, ,2000 tR-- v:y~ . OMER H. BLACK, III ....w_.~". _ <~,v _~_~_"W~'-,"_ " c.' . _",'~ y.. _. 0 C) 0 C CJ -T'< <<::-- ?~ ,.--, tJfi; rnri: ~,'1 Z':J,{ ;"J Z e-- cO J< co -<: " r=C::" ~~J -.-, ~~s-:-: C) 5>~' r- _:,':;:',f"'1 C -, Z "J "t;:- --, ~J -< (,J -< ".~-_., ~ -. . It' ~. . - ,. _~~,~.~ .".'~___~ _<~ ~"~_~a .. -~ p~ ~.. "~ ,.~.-^, '-"""""'-"",-'N"'~ OMER H. BLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. SARAH P. BLACK, Defendant : CNIL ACTION - LAW : No.: 2000-5944 : IN DNORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the defendant. 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, Cumberland County Courthouse, 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 MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 "" AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. . - ,-, - ''''- ~ , "" ~, ,=_.~_. ^'_'-~"-~-'_"=_ ,,,,'",_",_,,,^y~,,,,~, oM. _. k '-"'"-';;'-': OMER H. BLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v. SARAH P. BLACK, Defendant : CIVIL ACTION - LAW : No.: 2000-5944 : IN DIVORCE AMENDED COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c) OR (d) OF THE DIVORCE CODE And now, comes the Plaintiff, Omer H. Black, by and through his attorneys, Irwin, McKnight & Hughes, and files this Amended Complaint in Divorce, against Defendant Sarah P. Black, making the following averments: 1. The averments of Paragraphs 1 through 8 of the Divorce Complaint are incorporated herein as if fully set forth above. 2. Pursuant to the Divorce Code, Section 3301(d), the Plaintiff avers as the grounds for divorce that Plaintiff and Defendant have lived separate and apart since prior to the filing of the Divorce Complaint on or about August 28, 2000. WHEREFORE, Plaintiff requests judgment dissolving the marriage between the parties and that the Divorce Complaint be amended. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Dmed: ~/~-tJ~ Rebecca R. Hughes, Esquire Attorney J.D. 67212 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff ,~ ~ ,,~.-~ =- - ,-~- < - ~ "_'4~.""c."_~_'~''''_~_"_~_''_'-' -., " '__ ("; CERTIFICATE OF SERVICE I the undersigned hereby certify that on this ---42-day of September, 2002, a copy of the foregoing document was served by first-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257-1397 Attorney for Defendant IRWIN, McKNIGHT & HUGHES . ~ ~"~ ",.--. ~= -- ,. ",,,,-,;~c_.,,,,-_,,,,,","_ "'-''''''.;---~' ~'-' - '~:-'/'i OMER H. BLACK, ::r,e. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA v. SARAH P. BLACK, Defendant CIVIL ACTION - LAW : No.: 2000-5944 : IN DIVORCE PLAINTIFF'S AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 28, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: ~0'7 ~<<.~ OMER H. BLACK, ~. . Plaintiff ~ f;;j o ,~v .,. - ,. -,~,- . -. ^.~ 0 "', r~'- = ,j ~; = -1'1 "'- '- -~ [:T" L c:::: fn " f-" . -Mffi N ~~~ W < ~ r"\ _,_~ -"'- ~~h1 ~) '-"' -..-; .r.:- :-:~ , , _...,l'!IIl!c ..'Y: "',,< ... _=, _..,,_~ =~~ .__, 'Ori,n, ,~'..",_;" _"~'''._'_,_ OMER H. BLACK, J,(. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. SARAH P. BLACK, Defendant CIVIL ACTION - LAW : No.: 2000-5944 : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 28, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: 7-;2:L-~~ .LJ.f!~ S"ARAH P. BLACK Defendant .~ -, .>-,~-"" .,,~. -~,,-,.,.",-~<""~,. ''''':~ OMER H. BLACK, ~,e. Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA SARAH P. BLACK, Defendant CIVIL ACTION - LAW No.: 2000-5944 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 7~7h~ O~~~" Plaintiff t:nlJd _ .~ ,~ ""'" "~- ,--~- =.=~ "" Q ~ = .C" .. (- -I ~~ -'--'" rnl_'_~ 1".) ~~ <..0 ""D --.-- -.. C" _>-1.' ~~~6 (:"~ -:".'~ ";:-':.,.,-1'; r;? "-.-" _-,.1 :::;:: ~ ::< r.- eC) -<.' ~ -'. - -~<- ~.~' '"- .~- . ~">O"",,- ,,',_'_"J'"-_ ,"-," OMER H. BLACK,) fL. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. SARAH P. BLACK, Defendant CIVIL ACTION - LAW : No.: 2000-5944 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: 1~~;Z-d1 ~-f! 11LL SARAHB. BLACK Defendmlf ,). '15. > ,. - "_n_. ,"=_ ,---.-,t.~'_,w<.' 0,---", ,,,,,,--_c.,,.~,_ ""f.'t! OMER H. BLACK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW 2000-5944 CIVIL TERM SARAH P. BLACK, Defendant IN DNORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND NOW, Mark D. Schwartz, Esquire, being duly sworn according to law, does depose and state: I. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Sarah P. Black, on September 2,2000, by certified, restricted delivery mail, addressed to her at 4020 Enola Road, Newville, Pennsylvania 17241, with Return Receipt Number Z 719 956 060. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit false statements herein made are subject to the penalties unswom falsification to authorities. co ct. I understand that . S. S tion 4904, relating to M . SCHWARTZ, ESQUIRE Attorney for Plaintiff Date: March 30, 2001 "" -.- ~, - 'r_,. -.-_~"-"'''["''-:;',.':-,.'.' "'''"'_ ~", ~',_ ,"-'li~ Z 719 956 060 ~ Receipt for Certified Mail __ No Int.r8,!1ce Coverage Pro:w-ided ~ma 00 not use for International Mail (See Reverse) '" '" '" ~ .r:: e .. ::;: o o CD C') E o u. III a. Sent to MS SARAH P BLACK Street and No. 4020 ENOLAIID P.O., State and liP Code NEWVIIJ.E PA 17241 Postage $ ,17 X Certified Fee \,"\0 X Special Deliverv Fee rRestricted Delivery ~ X ~, 16 Return Receipt Showing 1,16 to Whom & Date Delivered X Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage $ (p,17 & Fees X Postmark or Date MARK 08-30-00 BLACK DIVORCE COMPLAINT .- - - - - -- - --- - - --- - .- __d -- " .~ Complete;ilems 1, 2, and 3. Also complete !teniA- if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A, Received by (please Print Clearly) S~;C?,+H P 13/,Ac.K. x o Agent AddresSEl& D. Is delivery address different from item 1? 0 Yes If YES. enter delivery address below: I!i No fI 1e~~ef \0 addressee Q\\ f -I?~ MIl SARAH P BLACK 4020 ENOLA lID NEWVILLE PA 17241 3. Service Type i!!i Certified Mail o Registered o Insured Mail o Express Mail lJI. Return Receipt for Merchandise o C.O.D. 4 Restricted Delivery? (Extra Fee) lID Yes 2, Article Number (Copy from service label) PS Form 381'1, 'Jl# 1999 / Z 719 956 060 DdmEistlc Return f:t~~ipt 102595-99-M-1789 ~ . ~" > b" ~'"" _. -~" ~"~ .-~ .~.. ~,-. "...,"'-.~". ~ 4fv OMER H. BLACK, JR. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 00 - 5944 VB. NO. CIVIL 19 SARAH P. BLACK IN DIVORCE Defendant STATUS SHEET DATE: ACTIVITIES: --'" ,? tif-- q~ ~ "-yWV, ~ Id1 . . :. (~ 12.s ~ (' rN~\~ :-ZN~fIl(f~1: \?(~ I" I'D' i. !.' ill "'~ r i;f '..f -; ~ - tl:J.7-(O<{ "- ~ k~. ~ o.11J<-f' ~ ~..(.,J Vv-&AU4-"""i ~1u.,.o ?J ~ r'U~ ~. Q f....u A ~~~e.t..P~ , I ~~~~~~ ~. ') ~..". '.;t'~ tk. ~~ ~~ JL'f1AoU ~.t..)i ~ ~"~.J.~ ~<tMA <",A- " --, .- " \ , *\ OMER H. BLACK, JR IN THE COURT OF COMMON PLEAS OF '. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VB. : NO. 00-5944CIVIIcIVIL 19 SARAH P. BLACK : IN DIVORCE Defendant STATUS SHEET DATE: - inoJ q:06 r a .{ll. ......, 0fl?;:;J - tM>>..o 'tjV(/~ ~ uJ..u w..u Uz ~~.~ ~<:- ~ - · r;- I ('tv r b V?: HV'lf)/hl vr~. . UcxJ f;w~ D~~ \]0 '/7(/0 f N 9N'7\/-lI~S 1]. /l--dli1A.-n V\J ~S ff~ \N\~~ VIDz>>,VVVl !)~. ~rO/) rH--.L. pt,\V~ ~~flUh.- fA'> CM-ll~l{:: -PA.119-~?--. \7MI , OMER H. BLACK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5944 CIVIL SARAH P. BLACK, Defendant IN DIVORCE TO: Mark D. Schwartz Attorney for Plaintiff Sarah P. Black Defendant DATE: Wednesday, April 11, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. "~~WR'~ . . ~-~ ,". (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. . .".. ,~"-~ do _ J..~ _ ''-'' C,"" Le. -",...,;,,', LAw OFFICE OF MICHAEL J. HANFT ATTORNEYS & COUNSELLORS AT LAW MICHAEL J. HANFT GREGORY H. KNIGHT RICHARD L. WEBBER, JR. VIA HAND DELIVERY April 25, 2001 OF COUNSEL WILLIAM A. ADDAMS MICHAEL R. RUNDLE E. Robert Elicker, II, Divorce Master for Cumberland County 9 North Hanover Street Carlisle, P A 17013 RE: Black v. Black, No. 2000-5944 In Divorce, Cumberland County Court of Common Pleas Our File No. 2104.1 Dear Mr. Elicker: I represent Sarah P. Black, the Defendant in the matter referenced above. I have enclosed the following items: (I) Praecipe for Entry of Appearance (copy); and (2) Certification indicating that Discovery is not complete. My client's position is that Plaintiff does not have any grounds for divorce. In addition, she is not willing to sign an Affidavit of Consent. Thank you for your attention to these matters. Sincerely, LAW OFFICE OF MICHAEL J. HANFT ~ 11../,.,uJ Richard L. Webber, Ir. RLW,JRltew Enclosures cc: Mark D. Schwartz, Esquire (with enclosure) Sarah P. Black F:\User Folder\Firm Docs\GenltT2001\2104-1re.l.wpd 19 BROOKWOOD AVENUE SUITE 106 CARLISLE, PA 17013-9142 717.249.5373 FAX 717.249.0457 WWW.HANFTLAWFIRM.COM ,Jj;,I:tlL T "',,3(- v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 5944 OMER H, BLACK, JR. SARAHP, BLACK CIVIL ACTION - LAW IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Orner H. Black, Jr. Plaintiff Mark D. Schwartz Counsel for Plaintiff Sarah P. Black Defendant Richard L. Webber, Jr. , Counsel for Defendant You are directed to appear for a hearing to take * testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 1st day of Jovernber 2001 at 9:00 a.m.. at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. President Judge Date of Order and Notice: 9/10/01 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 TESTIMONY WILL BE LIMITED TO THE DATE OF SEPARATION ISSUE. " " OMER H. BLACK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW SARAHP. BLACK, Defendant : NO. 2000-5944 CNIL : IN DNORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance in this matter. ~~-: , I ~@[%Y1f I LAW OFFICE OF MICHAEL J. HANFT By: ~ t'"L ~// 4- Richard 1. Webber, Jr. Attorney for Defendant 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Date: if ( ))' ( 0 ( F:\User Fo\der\Firm Docs\Gendocs200 I \21 04-1 entry.app.wpd o ~ -Om n1(I1 Z_CI 655.= -<..c": \< CJ ezo -0 :<>c:; ~ o o -n .-4 -r f'fl;n ..r.:;rn ;36 =;~H ~;j.o om ~ -< :J> ." ;:Q N Ui .." :r. l":'? I'"" (:;) ,- ~ f ~. .' --, - -~ ,- < OMER H. BLACK, JR. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. SARAHP. BLACK : NO. 00 - 5944 : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Omer H. Black, Jr. Douglas G. Miller , Plaintiff , Counsel for Plaintiff Sarah P. Black Richard L. Webber, Jr. , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office ofthe Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 22nd day of a.m., at which place Julv 2004 at 9:00 and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, Date of Order and Notice: fi/Q/04 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 ~ NZ ....Z "'Z ....Z W . ....Z WZ ....Z OZ o . OZ ....Z "'-< "'Z o . 0-< 0-< ....Z Z . - - - - - - - = - = - - = - = ........ ........ '" '> ~" U! Get statements In your hand before they hit your mailbox. Register now at universalcard.com. Account Online makes it fast and easy. This FREE award-winning servic.e gives you instant access to account information, special offers and m~. .. Cflt!!ck unbilled activity to track spending and verify charges. . View your current and past S statement.s--even download for yo'ur records. . Choose to get statements online only, and get one less bill in your mailbox. . Pay l"'ur bill fas..... A request received by I p.m. ET OR ;l bu!UnelS day will post that same day. Register today at universalcard.coml Statement OMER H BLACK SARAH P BLACK Account 5491 1300 0832 8452 Calling c.rd 9410712468 + PIN No Annual Fee/Platinum Card ~!_t~:M~~i~1;'f~~k~~~rt~t(~I~~~,i:~ Minimum Payment Due........................................... $96.00 Due Oate"'......................................................,. June 4, 2004 "Payment must be received by 1:00 pm local1ime on the' payment due date. Credit Un@.......................................................... $13,400.00 Available Credit.. ........ ....... ........ ..... .......... ..... ... .... $8,778.00 Cash Advance Urni!........................................... $13,400.00 Available Cash Advance Limit............................. $8,778.00 ,.;~AI;.;;);_...;Y~!Ai:c,;:;\t":h;,:\'-'ij?~;~l~!f!4tr:pi?~J41iY~i_ f" - . - _ _ < o"'__"~"',,,'~''''''~....Pqqoij.<~t~'i;;,;~ ~"~_<~^' , c,' ,":,- ~,' ~ -: -.'I',' ~_o"",.,~_~ .~. _,c,' -, ~lr PrRlliOll~ l=lalancR PaymAnt~ aw Adjl!~tmAnt~ r:.~rAy~if Se~~~~ New Balance Note: Detailed activity starts on page 3. 4 65i1.25 -10000 sg08 00 $4,621.33 .r' S5 (5 00 (; AUt -f I V ~ / {'Z/ocf Statement.>, Payments. Unbilled activity, Get it ai~ at u!1lversalcard.com PUCSOO::I0404 Pagelof4 ~ AT&T How To Reach IUs Account Online: www.universalcard.com Customer Service: 1 800423-4343 or write Cardmember Services, PO Box 44167 Jacksonville, FL 32231-4167 Please note that paymenls must be received by 1 :00 p.m., local time, on a bank business day at the payment processing facility that handles your payments, in order to be credited to your account as of that day, and payments must conform to the payment instructions set forth on the reverse side. All conforming payments received at the payment processing facility after that time will be credited as of the following bank business day. Do you know about SO Uability? If your AT&T Universal Card account number is ever compromised - even online - you won't be held liable for any unauthorized charges. l'REE SERVICES FOR AT&T UNIVERSAl, CARD MEMBERS Account Online is the simple, easy and fast way 10 manage your AT&T Universal Card on.line. Just another free benefit from your AT&T Universal Card. Register now at www.universalcard.com Save Time. Save Paper. Sign up for All-Electronic. You'll have instant access to your statement online, without that pile of paper. Get an a-mail notice when your statement is ready. Register or sign-on to universalcard.com and choose Manage My Account. . 11 N Z ~Z ","Z ~Z W * ~Z WZ ~Z OZ o * OZ ....Z "'-< "'Z o * 0-< 0-< NZ Z * - - - ........ - - - - - - - - - - ::=: - " .' ~"'~-" _.-..~ We appreciate your cardmembership. PGENO0010204 ;}i--,"- /," -' -",',,"-,,- ,,' :-; "'"',, ,,-,-- .'-" -. ,i'PMERHelACK. . $oi\R~!e!aLACK ...... AccoUi\l:!i4l>>13l1O l!832 8452 ili~~aYll( 2ori4 ''iJi{$&~..,,~tJ)c,f~~tg:,j,;?t,l'i{:f,;;<- , Page 3 of 4 ~AT&T 1;;j~~1itit~~f\{:;~iM:~]J;~Jd?;f~~~~~j;;~ Tr;=tn!; Po,;' 04/1Q Total PaYllents nA!'t.(':ri ntinn PAYMfNT THANK YOU and Adjustllents Amnunt 100 OOeR $100.00CR Il!_tjiiN~'M<i~~<i:;d.,i.0*g*l!h1blil!'i "'Y"" ...... ..""........f y..~~~....!..l!'t':l1'li....!..!i................. Purchases......................h...........................................................................................................................,....0.00 Cash Advances and Checks................................................................,.........,...................:........................... 0.00 Finance Charges..................................................... ......................................................................................62.08 Total Mastercard Activity......................................................................................................................... $62.08 (ljl Purchases Total MasterCard Purchases......... ............. .......... ........... .'...................... SO.OO IS' I Cash Advances Cash Advance Limit.... $13,400.00* *This represents a portion of your total credit line. Finance Charge Infonnallon Nominal 'PR Days in It Billing Period lltOOlAl. PERCENTAGIi. RATE Balance )( Subject to Finance Char~e Periodic E1NANIJi CHARGE Transactlon + Fee/~ CHARGE Periodic Rate PURCHASES Standard Purch 14.990% .04107%{D) x 32 CASH ADVANCES Standard Adv 19.990% .05477%(D) x 32 )( $4,310.06 = $56.64 + $0.00 14.990% )( $310.59 ::: $5.44 + $0.00 19.990% Total FINANCE CHARGE $6Z.08 l,~t.{Iit~~i~1fl1)f~t~1~~~~~~~~~li]~{i~~ AT&T Universal Calling Card Calls..................... .............. $0.00 -"",,-_. ~ 'iWro:II . ~.. ..~~-~--"'-.. ~= , , N" '" = BANK'iONE. Statement Date: Payment Due Date: Minimum Payment Due: CUSTOMER SERVICE III U.S. 1-800-436-7927 EspanoI1-888-446.3308 TOO 1-800-955-8060 Outside U.S. call collect 1-302-594-8200 04108104 - 05107104 06101104 $197.00 MASTERCARD ACCOUNT SUMMARY Account Number: Previous Balance $9,913.65 Total Credit Line paymenltl, Credits - $200.00 Available Credit Purchases, Cash, Debits + $20.24 Cash Access line Finance Charges + $116.42 Available for Cash New Balance $9,850.31 54171225 9615 0423 $15,000 $5,149 $7,500 $5,149 ACCOUNT INOUIRIES P.O. Box 8650 WilmIngton, DE 19899-8650 PAYMENT AODRESS P.O. Box 15153 Wilmington, DE 19886-5153 VISIfUSAr: www.cardmembefservices.com TRANSACTIONS _.'::! Trans Date Reference Number 04/22 B541712Gl015GSVKK 05/07 05107 Merch-ant Name or Transaotlon Description PAYMENT - THANK YOU Personal Credit Protector 877-268-0983 -FINANCE CHARGE' Amollnt Credit DebIt $200.00 20.24 tl6.42 FINANCE CHARGES Dally Corresponding Periodic Rate APR 30 days In cycle .03569% .05477% Average Dally Balance Previous Cycle Ourrent Cycle $0.00 $7,933.66 $0.00 $1,929.75 PERIODIO RATE(S) AND APR(S) MAY VARY Finance Oharge Due To Transaction Periodic Rate Fees $84.72 $31.70 FINANCE CHARGES $84.72 $31.70 Category Purchases Cash advances 12.99% 19.99% Total finance charges $116.42 Ellective Annua' Percentage Rate (APR): 14.36% Grace Period Type: A (Please see back of sta~ment for the Grace Period expfanaffon.) The Corresponding APR Is the rate of Interest you pay when you c~my a balanoe on purohase8 or cash advanoes. The Effective APR represents 'your total finance charges - Including transaction fees auch as cash advance and balance tranefer feel- expressed 8S a percentage. IMPORTANT NEWS SAVE 16% ON FLOWERS I MAY IS THE TIME FOR MOMS, DADS, AND GRADSI MAKE EVERYONE ON YOUR LIST FEEL SPECIAL BY SENDING FRESH FLOWERS FROM THE FLOWER CLUB. SAME DAY DELIVERY IS AVAILABLE. CALL 800.245.6896 OR VISIT WWW.333.FLOWERCLUB.COM TO ORDER TODAY' USE PROMOTION CODE BNY48. SAMSONITE 4-PIECE LUGGAGE SET, $189.95. REG. RETAIL: $600. FREE SHIPPING: TOTE, DUFFEL, WHEELED 266, 306 UPRIGHTS. BONUS: SAVE 15% ON ANY OTHER ONLINE PURCHASe" LOGON TO: WWW.SAMSONITECOMPANYSTORES.COMIPARTNER CODE 7377. OR CALL 800-547-SAGS EXT. 7377. QUANTITIES LIMITED. THE BOSE(R) ACOUSTIC WAVE(R) MUSIC SYSTEM DELIVERS THE SOUND OF BIG, COMPLICATED STEREOS COSTING MUCH MORE. A NEW 5-CD CHANGER ALSO LETS YOU CONNECT EXTERNAL SOURCES LIKE YOUR TV AND DVD PLAYER. FREE SHIPPING AND 30-DAY TRIAL, SATISFACTION GUARANTEED. CALL 1-800.235-0721 EXT. G6630. TRANSFERRING BALANCES HAS NEVER BEEN SO SIMPLE, SAFE, AND CONVENIENT. SIMPLIFY YOUR LIFE AND SAVE TIME AND MONEY BY CONSOLIDATING OTHER HIGH-RATE CREDIT OARD BALANCES TO YOUR CREDIT CARD ACCOUNT. SIMPLY LOG ONTO WWW.CARDMEMBERSERVICES.COM/BT TO SEE IF YOU QUALIFY. ~G () ...5 0 ,{ t..y O' \ '1 ('l'" 0 \.,\ 0 v\.'} S \ 5630 0078 USD 800 7 5 040507 Page 1 of 3 1712 2000800886 01GS5630 2082822 .. j ~-' ~- - ..~ ,. LAW OFFICES IRWIN & McKNIGHT WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 Amort~;zatJiiOl1l Table iil !; LOAN DATA TABLE DATA Table starts at date: or at payment number: The table uses the calculated periodic payment amount, unless you enter a value for "Entered payment." Beginning balance at payment 1 : Cumulative interest prior to payment 1: Payment Beginning Ending Cumulative No. Date Balance Interest Principal Balance Interest 1 8/1/1996 54,500.00 357.66 37.51 54,462.49 357.66 2 9/1/1996 54,462.49 357.41 37.76 54,424.73 715.07 3 10/1/1996 54,424.73 357.16 38.01 54,386.72 1,072.23 4 11/1/1996 54,386.72 356.91 38.26 54,348.46 1,429.14 5 12/1/1996 54,348.46 356.66 38.51 54,309.95 1,785.80 6 1/1/1997 54,309.95 356.41 38.76 54,271.19 2,142.21 7 2/1/1997 54,271.19 356.15 39.02 54,232.18 2,498.37 8 3/1/1997 54,232.18 355.90 39.27 54,192.91 2,854.27 9 4/1/1997 54,192.91 355.64 39.53 54,153.38 3,209.91 10 5/1/1997 54,153.38 355.38 39.79 54,113.59 3,565.29 11 6/1/1997 54,113.59 355.12 40.05 54,073.54 3,920.41 12 7/1/1997 54,073.54 354.86 40.31 54,033.23 4,275.27 13 8/1/1997 54,033.23 354.59 40.58 53,992.65 4,629.86 14 9/1/1997 53,992.65 354.33 40.84 53,951.81 4,984.19 15 10/1/1997 53,951.81 354.06 41.11 53,910.69 5,338.24 16 11/1/1997 53,910.69 353.79 41.38 53,869.31 5,692.03 17 12/1/1997 53,869.31 353.52 41.65 53,827.66 6,045.55 18 1/1/1998 53,827.66 353.24 41.93 53,785.73 6,398.79 19 2/1/1998 53,785.73 352.97 42.20 53,743.53 6,751.76 20 3/1/1998 53,743.53 352.69 42.48 53,701.06 7,104.46 21 4/1/1998 53,701.06 352.41 42.76 53,658.30 7,456.87 22 5/1/1998 53,658.30 352.13 43.04 53,615.26 7,809.00 23 6/1/1998 53,615.26 351.85 43.32 53,571.94 8,160.85 Page 1 I~e_ _ - .. " ^" ' ~ ........"'-=-'~ -_ '< '~ - .~---,- - 'h', -,~--, '-"--~iL Payment Beginning Ending Cumulative No. Date Balance Interest Princioal Balance Interest 24 7/1/1998 53,571.94 351.57 43.60 53,528.34 8,512.42 25 8/1/1998 53,528.34 351.28 43.89 53,484.45 8,863.70 26 9/1/1998 53,484.45 350.99 44.18 53,440.27 9,214.69 27 10/1/1998 53,440.27 350.70 44.47 53,395.80 9,565.39 28 11/1/1998 53,395.80 350.41 44.76 53,351.04 9,915.80 29 12/1/1998 53,351.04 350.12 45.05 53,305.99 10,265.92 30 1/1/1999 53,305.99 349.82 45.35 53,260.64 10,615.74 31 2/1/1999 53,260.64 349.52 45.65 53,214.99 10,965.26 32 3/1/1999 53,214.99 349.22 45.95 53,169.04 11,314.48 33 4/1/1999 53,169.04 348.92 46.25 53,122.80 11,663.41 34 5/1/1999 53,122.80 348.62 46.55 53,076.24 12,012.02 35 6/1/1999 53,076.24 348.31 46.86 53,029.39 12,360.34 36 7/1/1999 53,029.39 348.01 47.16 52,982.22 12,708.34 37 8/1/1999 52,982.22 347.70 47.47 52,934.75 13,056.04 38 9/1/1999 52,934.75 347.38 47.79 52,886.96 13,403.42 39 10/1/1999 52,886.96 347.07 48.10 52,838.86 13,750.49 40 11/1/1999 52,838.86 346.76 48.41 52,790.45 14,097.25 41 12/1/1999 52,790.45 346.44 48.73 52,741.72 14,443.69 42 1/1/2000 . 52,741.72 346.12 49.05 52,692.66 14,789.80 43 2/1/2000 52,692.66 345.80 49.37 52,643.29 15,135.60 44 3/1/2000 52,643.29 345.47 49.70 52,593.59 15,481.07 45 4/1/2000 52,593.59 345.15 50.02 52,543.57 15,826.22 46 5/1/2000 52,543.57 344.82 50.35 52,493.21 16,171.03 47 6/1/2000 52,493.21 344.49 50.68 52,442.53 16,515.52 48 7/112000 52,442.53 344.15 51.02 52,391.51 16,859.67 49 8/112000 52,391.51 343.82 51.35 52,340.16 17,203.49 50 91112000 52,340.16 343.48 51.69 52,288.48 17,546.98 51 101112000 52,288.48 343.14 52.03 52,236.45 17,890.12 52 111112000 52,236.45 342.80 52.37 52,184.08 18,232.92 53 1211/2000 52,184.08 342.46 52.71 52,131.37 18,575.38 54 1/1/2001 52,131.37 342.11 53.06 52,078.31 18,917.49 55 2/1/2001 52,078.31 341.76 53.41 52,024.90 19,259.25 56 3/1/2001 .52,024.90 341.41 53.76 51,971.15 19,600.67 57 4/1/2001 51,971.15 341.06 54.11 51,917.04 19,941.73 58 5/1/2001 51,917.04 340.71 54.46 51,862.57 20,282.43 59 6/1/2001 51 340.35 54.82 51,807.75 20,622.78 ;i:~a:S t'~'~$a!~1 ~?~!l:z'Ar~~~{1 I.... 61 8/1/2001 51,752.57 339.63 55.54 51,697.03 21,302.40 62 9/1/2001 51,697.03 339.26 55.91 51,641.12 21,641.66 63 1011/2001 51,641.12 338.89 56.28 51,584.84 21,980.55 64 11/112001 51,584.84 338.53 56.64 51,528.20 22,319.08 65 1211/2001 51,528.20 338.15 57.02 51,471.18 22,657.23 66 1/1/2002 51,471.18 337.78 57.39 51,413.79 22,995.01 67 2/112002 51,413.79 337.40 57.77 51,356.02 23,332.41 68 3/112002 51,356.02 337.02 58.15 51,297.88 23,669.44 69 4/112002 51,297.88 336.64 58.53 51,239.35 24,006.08 70 51112002 51,239.35 336.26 58.91 51,180.44 24,342.34 71 6/1/2002 51,180.44 335.87 59.30 51,121.14 24,678.21 72 7/112002 51,121.14 335.48 59.69 51,061.45 25,013.69 73 8/1/2002 51,061.45 335.09 60.08 51,001.37 25,348.78 74 9/1/2002 51,001.37 334.70 60.47 50,940.90 25,683.48 75 10/1/2002 50,940.90 334.30 60.87 50,880.03 26,017.78 76 1111/2002 50,880.03 333.90 61.27 50,818.76 26,351.68 77 1211/2002 50,818.76 333.50 61.67 50,757.09 26,685.18 78 1/112003 50,757.09 333.09 62.08 50,695.01 27,018.27 79 21112003 50,695.01 332.69 62.48 50,632.53 27,350.96 80 3/1/2003 50,632.53 332.28 62.89 50,569.63 27,683.23 81 4/1/2003 50,569.63 331.86 63.31 50,506.33 28,015.10 -". ~' 1IIIMi:i!;l'. .. - I_~~ . ~. Payment Beginning Ending Cumulative No. Date Balance Interest Principal Balance Interest 82 5/1/2003 50,506.33 331.45 63.72 50,442.61 28,346.55 83 6/1/2003 50,442.61 331.03 64.14 50,378.46 28,677.57 84 7/1/2003 50,378.46 330.61 64.56 50,313.90 29,008.18 85 8/1/2003 50,313.90 330.18 64.99 50,248.92 29,338.37 86 9/1/2003 50,248.92 329.76 65.41 50,183.51 29,668.13 87 10/1/2003 50,183.51 329.33 65.84 50,117.67 29,997.46 88 11/1/2003 50,117.67 328.90 66.27 50,051.39 30,326.35 89 12/1/2003 50,051.39 328.46 66.71 49,984.69 30,654.82 90 1/1/2004 49,984.69 328.02 67.15 49,917.54 30,982.84 91 2/1/2004 49,917.54 327.58 67.59 49,849.95 31,310.42 92 3/1/2004 49,849.95 327.14 68.03 49,781.92 31,637.56 93 4/1/2004 49,781.92 326.69 68.48 49,713.45 31,964.26 , 94 5/1/2004 49,713.45 326.24 lqj4m~i1~""~- 32,290.50 ~~~:fiJlilliit~r~~~ffi'.li~i!*...!t4:~'~'" .'...._f~~..#.. ~$Aft:, '_ - " - ~- '-;r, ^<<~~ s:lr:, - -~ ,; - ~"I~::i ';{$!:t4i~~:~:._4i~;# j_;._:;;: :i!:~~;~" 96 7" '~~~A""~575:1'4""" 325.34 49,505.31 32,941.63 Ii 97 8/1/2004 49,505.31 324.88 70.29 49,435.02 33,266.51 . 98 9/1/2004 49,435.02 324.42 70.75 49,364.27 33,590.93 , 99 1 0/1/2004 49,364.27 . 323.95 71.22 49,293.05 33,914.88 1:100 11/1/2004 49,293.05 323.49 71.68 49,221.37 34,238.37 101 12/1/2004 49,221.37 323.02 72.15 49,149.21 . 34,561.38 '102 1/1/2005 49,149.21 322.54 72.63 49,076.58 34,883.92 103 2/1/2005 49,076.58 322.07 73.10 49,003.48 35,205.99 104 3/1/2005 49,003.48 321.59 I 73.58 48,929.89 35,527.57 ,105 4/1/2005 48,929.89 321.10 74.07 48,855.83 35,848.68 !106 5/1/2005 48,855.83 320.62 74.55 48,781.27 38,169.29 107 6/1/2005 48,781.27 320.13 75.04 48,706.23 36,489.42 108 7/1/2005 48,706.23 319.63 75.54 48,630.69 36,809.05 109 8/1/2005 48,630.69 319.14 76.03 48,554.66 37,128.19 110 9/1/2005 48,554.66 318.64 76.53 48,478.13 37,446.83 111 1011/2005 48,478.13 318.14 77.03 48,401.10 37,764.97 112 11/1/2005 48,401.1 0 317.63 77.54 48,323.56 38,082.60 113 12/1/2005 48,323.56 317.12 78.05 48,245.52 38,399.73 114 1/1/2006 48,245.52 316.61 78.56 48,166.96 38,716.34 115 2/1/2006 48,166.96 316.10 79.07 48,087.88 39,032.43 116 3/1/2006 48,087.88 315.58 79.59 48,008.29 . 39,348.01 117 4/1/2006 48,008.29 315.05 80.12 47,928.17 39,663.06 118 5/1/2006 47,928.17 314.53 80.64 47,847.53 39,977.59 119 6/1/2006 47,847.53 314.00 81.17 47,766.36 40,291.59 120 7/1/2006 47,766.36 313.47 81.70 47,684.66 40,605.06 121 8/1/2006 47,684.66 312.93 82.24 47,602.42 40,917.99 122 9/1/2006 47,602.42 312.39 82.78 47,519.64 41,230.38 123 10/1/2006 47,519.64 311.85 83.32 47,436.32 41,542.23 124 11/1/2006 47,436.32 311.30 83.87 47,352.45 41,853.53 125 12/1/2006 47,352.45 310.75 84.42 47,268.03 42,164.28 126 1/1/2007 47,268.03 310.20 84.97 47,183.06 42,474.48 127 2/1/2007 47,183.06 309.64 85.53 47,097.52 42,784.11 128 3/1/2007 47,097.52 309.08 86.09 47,011.43 43,093.19 129 4/1/2007 47,011.43 308.51 86.66 46,924.77 43,401.70 130 5/1/2007 46,924.77 307.94 87.23 46,837.55 43,709.65 131 6/1/2007 46,837.55 307.37 87.80 46,749.75 44,017.02 132 7/1/2007 46,749.75 306.80 88.37 46,661.38 44,323.82 133 8/1/2007 46,661.38 306.22 88.95 46,572.42 44,630.03 134 9/1/2007 46,572.42 305.63 89.54 46,482.88 44,935.66 135 10/1/2007 46,482.88 305.04 90.13 46,392.76 45,240.71 136 11/1/2007 46,392.76 304.45 90.72 46,302.04 45,545.16 137 12/1/2007 46,302.04 303.86 91.31 46,210.73 45,849.02 138 1/1/2008 46,210.73 303.26 91.91 46,118.81 46,152.27 4J.,IQ1. t./J ! Page 3 ~ '-'~h ' , ,~ Payment Beginning Ending Cumulative No. Date Balance Interest Principal Balance Interest 139 21112008 46,118.81 302.65 92.52 46,026.30 46,454.93 140 31112008 46,026.30 302.05 93.12 45,933.18 46,756.98 141 41112008 45,933.18 301.44 93.73 45,839.44 47,058.41 142 51112008 45,839.44 300.82 94.35 45,745.09 47,359.23 143 61112008 45,745.09 300.20 94.97 45,650.13 47,659.44 144 71112008 45,650.13 299.58 95.59 45,554.53 47,959.01 Page 4 . . "-~- .0" .-_"r_"_ H""~, __, OMER H. BLACK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 5944 CIVIL SARAH P. BLACK, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND PARTIES TO: Douglas G. Miller Orner H. Black, Jr. , Counsel for Plaintiff , Plaintiff Richard L. Webber, Jr. Sarah P. Black , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 9th day of June 2004, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: 5/7/04 E. Robert Elicker, II Divorce Master "~ ,"_, ,.;on:';" -/ ,,~'_- ","',_ _'_~,_"; ",_ ,_, ''''-00;-'''''_,,', --" --, OMER H. BLACK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 5944 CIVIL SARAH P. BLACK, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Rebecca R. Hughes Counsel for Plaintiff Orner H. Black Plaintiff Richard L. Webber, Jr. Counsel for Defendant Sarah P. Black , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 3rd day of January 2003, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: November 27, 2002 E. Robert Elicker, II Divorce Master .'-" -_o~ _,_ "_Fl -,,' --;. "'"- "';.,. ,,')- - "","'~.,"'" C', . ." "~'-,,":,-.j:;',,,,, ,~"-,,_, ~.- '-'-''"-1' LAW OFFICES IRWIN & McKNIGHT ROGER B. IRWIN MARCUS A. McKNIGHT, III DOUGI.AS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: OFFICES@IMHLAW.COM HAROW S. IRWIN (/925-1977) HAROW S.IRWIN, JR. (1954-1986) IRWIN, IRWIN & IRWIN (1956-1986) IRWIN, IRWIN & McKNIGHT (/986-1994) IRWIN, McKNIGHT & HUGHES (1994-2003) IRWIN & McKNIGHT (2003. ) March 15, 2004 E, ROBERT ELICKER, ESQUIRE OFFICE OF THE DIVORCE MASTER 9 NORTH HANOVER STREET CARLISLE, PA 17013 RE: BLACK v, BLACK No. 2000 - 5944, In Divorce Dear Mr. Elicker: Please be advised that I am now the attorney handling this case for the firm in place of Rebecca Hughes. It is my understanding that there have been several conferences held at your offices. It is my further understanding that the reason a hearing was not scheduled in this matter was due to the fact that litigation had been initiated against the parties with regard to one of the properties owned by them, That litigation has now been settled, and I am not aware of any other such actions which would justify a further delay in this case. Therefore, I would request that a hearing in this matter be scheduled with your office. It appears that all of the requested pleadings and documentation are in order. If my understanding is incorrect, however, please notify me at your earliest convenience so that we may move this matter forward. As always in the event there are any other questions or concerns, please do not hesitate to contact me, Very trol Y yours, IRWIN & McKNIGHT la , Miller DGM:tds cc: Orner Black Richard Webber, Esquire .----' t.) < (II .I\! 1., /'{ ,i 'J"/~ , I i , , ,--,. - ."" _~-L ,;,,_, ..1-",' ~, -...L...._ . -~ _ -.;' -- i~ OMER H. BLACK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 5944 CIVIL SARAH P. BLACK, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Douglas G. Miller , Attorney for Plaintiff Richard L. Webber, Jr. , Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 7th day of May 2004, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 3/18/04 E. Robert Elicker, II Divorce Master ,. ".; e,.,.,. '0.[...' ':l",':i-~"'.:-': " " OMER H. BLACK, JR. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. SARAHP. BLACK : NO. 00 - 5944 : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Omer H. Black, Jr. Rebecca R. Hughes , Plaintiff , Counsel for Plaintiff Sarah P. Black Richard 1. Webber, Jr. , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 18th day of February 2003 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Co George E. Hoffer, President Judge Date of Order and Notice: 1/3/03 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE,CARLISLE,PA 17013 TELEPHONE (717) 249-3166 "" ..-. . .. ,<,' I. L:"Ti . , In the Court of Common Pleas of DO~IESTIC RELA TIO:-;S SECTIO:> County, Pennsylvania Phone: (717) Fax: (717) D H gkk ,Jr. Plaintiff Name: ~t"r J Defendant Name: <;'" ~ h P g I." k Docket Number: t)O -5141.../ c~,</ (~"'l ~'v,",~...~ j PACSES Case Number: Other State ID Number: Please note: All correspondence must include the PACSES Case I\umber. Income and Exoense Statement THIS FORM MUST BE FILLED OUT (If YOII are self-employed or if you ::Ire s;rJaried by il business of which you are owner in whole or pan. you must also fill out the Supplemental Income Statement which appears on page two of this income and expense stalemen!.) INCOME STATEMENT OF ):rt'h f - (])." Ie. Section I: Income and Insurance INCOME: C h 0 /,{" ~ i/:r~t+"~r <::c {".., "J-DD . /S P,,'~... c/d~ g-. (C~ (,d. , rIA- f 7 Of r , , Type of Work /""6$ S ,,/ Payroll Nu. Gross Pay P" Pay Period S I{ 16. J.r Employer Addrc~s Itemized Payroll Deductions: {_ trc.r 17 ~-? . /h~ II,:"" .,",fc } F~dcral Withholding S)O.'16 Social :Securilv S ~}. €( Local Wace Tax S S:S:.v Slale Income Tax S II ,~ Rclircment S Savincs Bonds S Credit Union S Life Insurance S Health Insurance S "'""' J.' ~~ S C. OJ.{ S OUlcr Deductions (specify) S S -,rr,J.., Pay Period (wkJy.. bi-wkJy.. CfC.) ~'::~'rI'" ,'- '-t<t<t /y Net Pay ret Pay Period $ '5 'f.5'. <; 6 (k -...-t(l, ) OTHER (Fill in Aporopriate Column) INCOME WEEK MONTH YEAR InlcreSl S S S Dividends Pension Annuity Social Sccurilv Reols Royalties b:penl;.e Account Gifts {Inemrtlovment Work:.n1c:n's Cumnensalion Other 11 :1,1 ~v,,,,,.-r f?S"<<JC> Olhcr TOTAL S ~S-.O" S S TOTAL INCOME S Ifs, ,.~~ /.-",Ie Owncr'Cihip .. PROPERTY OWNED DESCRIPTION VALUE H \I" J Checking Accounts S !/Pt:J.00 ./ Savings Accounts /,.....+:. &I..,~ far (1(..,-0. u0 Credit Union Stock.s/Bonds IObJ"o-,,(~,~ J J I Real Esl>lC '1ok, E'1"1....l.. /loA lu Other 1rl"".I~ (110 fl.,,{., fI..-"~ ]7.,or)~ i ( (7((1 .'-, . 11,-,.....' J TOTAL Is . H=Husband: W=\\'ifc; J=Joint Sl.:rvIC~ Tytx: M Fonn IN.008 \Vorkcr 10 - "--'. - - -~. -" -"" .. Income anti Expense StaterneIH P ACSES Ca.,e Number INSURANCE Co\"cTagc . COMPANY POLICY # H W C Hospital Mr'l<1 V_So f!.. IfLr,- J ) J Blue: Cross /t/l-r-S.x cyO Other ( K5~ (~--t ) Medical Blue Shield Other Ileallh/Accidcnt DisatlililY Income Dental I' (C (, ,- - , . ,. , . J j j - Other * H=Hush:wd; W=Wifc; C=ChilJ. Section II: Supplemental Income Statement :.L. This form is In PC lillcd nul hy a person o (I) Wh(l opcr;HCS a nusiness or practices a profession. or o (2) Whll is a mcmher of a panncrship Of joint vcnlure. or o (3) .....ho is a .~harcholdcr in and is salaried hy a closed corporatinn Of similare-mity. h. AllaL"h 10 lhis statement a copy of [he following documents relating 10 Illc panncrshi[1. joint venlure. nusiness. prufcssinn. ctlrporatillll \If simibr elltilY: (I) [he Inns! recent Federal Income Tax Relurn. anti (2) Ihe mtlst reccnt I'rolil "nJ LllSS Statement e. Name of husincss: AJJress and telephollc number: Jo Nalure of hllsinc~s (fhl,Ok nile) D (I) 1';1I1llcrshir o (2) jllint vcnture o (3) rrulcssi\lll o (4) dused curpur41titln o (5) ".her c. Name of ;ICCllUnI:Jnt. cuntmller or lither person in charge of financial recurds: f. Anl1u:JI incumc fwm husiness: (I) II11W linen is il1l:llme rccei\'eJO! (2) Gwss income per pay period: (3) Net inC(lmC per pay period: (..J) Sret:;lid ,k'JUL"llnll'>o if >3IlY: Pa!;c 2 of 3 Fonn IN-(}OR \Vorkcr 10 Service Type M "." - ~ , " J Income and Expense SUllemelll : . -,-. -"," .~,: Section Ill: Expenses PACSES Case Number lfi.'ilruclions: Only show eXlraordinary expenses in this see lion unless you filled out Section II on page Iwo. The categoric!> in nOLO fONT are especially importanl for calculating child support If you are requcsling Spousal SupportlAPL or if you assert your case cannOI he delennined according 10 the guideline grids or fonnula, this section must he fully completed. (fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home MongageiRenl S S "~tJ. J'-/ s Maintenance Utilities .. Electric S S J14.00 S Gas . 8ft- \""'-,,/ (tP.(},vO Telephone !Otl.OO ~Tri,L JJ.d-'6 Sewer Emnlovmenl I~hlic Transport. S S S lunch Taxes Real cslalc S S S I'cr!>unal Property Insurnnce Ilmncnwncr's S S S AUlnmnhilc Life ~f .cO AcchJcnl Hcnllb ()Ihcr AUlnmohilc Payments S S S fuel )00.00 Repairs ~OO.()O Medical Durtnr S S {j).v iJ S I)cnli'il ()nhudnnlisa Hnspilul Ml'tlidnc r.rpl"(Taf 1I'"l'll<l{t; )S. vO (~las.t;Cli'I~r~~~~.( , I nrthon.-di \.i("l~ WEEK s EXPENSES (Fill in Appropriale Column) (conlinued) WEEK MONTH YEAR Educalion Privale School S S S Parochial School College Religious Pen;onal Clothing S S 7~.(/O S Food 4}!7.vQ Bamerl H,;,d",s,,"' Credit Paymenls Credit Card .~I .,~ Co.,.;:, Charge Memherships Loa ns . C ,.. f'" S ) 7g". oD S t'1f"l".fC; /j ,.1 1~5""-(/" /._../-.I 0,.'::-:: ,r, IJ'(.,,'o (',o_'f>.! P,,,~;o.. I-fp-n~ -.I 4fJ...~ J Misccllllncom. Huusehold Help S S S Child rarc Papcrs/hUllks Ma"azincs Enlerlainmcnt I{)O.cI i> Pay TV Vuciltitln Gifts Le~al fees IS(J.rJO Charitahle Ctln1rihutitlRll Orbcr Child ...nN.... Alimony p:nrmrnr.t;- Other S s. s I~A-L >507-3<1 ~i:>o." " MONTH s )~07. 3'1 YEAR s 6tJtfI.c!D I verify that lhe slatements maJe in Ihis Income and Expt.:no;e Statement arc lrue a~d correct. I under~tand.lhat false .. :ilalemenls herein arc suhjecllo Ihe criminal penalties of 18 Pa. C.S. ~ 4904, rclauDg 10 unsworn (alsllicJIIOn 10 Jul.honrle.~. . ~ f!-I5LJ. Plainliff or Defendant D:lle Service Type ~I Page 3 of3 Form IN.OOR Worker ID ",'~ ~ -. - ' "'-" -. - -: , OMER H. BLACK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5944 CIVIL SARAH P. BLACK, Defendant IN DIVORCE TO: Mark D. Schwartz Attorney for Plaintiff Sarah P. Black Defendant DATE: Wednesday, April 11, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. (9 OR IFCEiS;OVERY IS NOT CO~ Outline what information is required that is not complete in. order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. The following infonnation has not been completed and is necessary in order to prepare the case for trial. 1 . Income and Expense Statements 2. Appraisal for 4020 Enola Road, Newville, PA :3 3. Appraisal for 1710 Douglas Drive, Carlisle, PA 4. Appraisal of personal property 5. Appraisal of automobiles 6, Valuation of Plaintiffs employee benefits 7. Valuation of savings bonds 8, Bank account statements 9. statements relating to marital debt 10. Valuation of life insurance There are no outstanding interrogatories or discovery motions. ,,' ~. ;, _ - ,. _ q' ,-~ i .;. ; I .,. -'.___ _.;- "'.,-- d. io'k. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Defendant believes that discovery could be completed by July 15, 2001. There are no present actions being taken to complete discovery. Defendant opposes the entry of a divorce decree. !.-{I)~(ol DATE ~ 'i 'L ~d.. ~ 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 IMl~EDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ,,~' , <"",,-- '",'="J;-"---,, -0_,>_. , -,- ,,-. -I, "_~_':'; ,0,""-",,,' "';_ '~,..;.;_!,~~,:-,,~; _ '0- ',. ;:;;-,,: .. OMER H. BLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. SARAH P. BLACK, Defendant : CIVIL ACTION - LAW : No.: 2000-5944 : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 330Ud) OF THE DIVORCE CODE 1. Check either (a) or (b): J (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): _ (i) The parties to this action have not lived separate and apart for a period of at least two years. _ . (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not with to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. -1- (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notil;e of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. . . " - .----~- >,- "~ ,"--,~ "." =,-_'k~ ,-,- ""----,,..:""',,-..- ~. -.'-, - ". ,d-"" ; _,,'j{ "",ii'. e-' ",-,,' '~> ". .r I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. D ~ifLL SARAH p, BLACK Defendant Date: 1~J: It / !/ .2002 NOTICE IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT, . '~- ",) ~~". "'-' , ;_..,--,,,"o,,,,,ii'-'~',';';,,,,,,,,V . .,c,'_'~_,.,,,,:-_ cc. , ...... ... ... - ~~~ ,~ ,~ ~ "~--," - '-"~ d ,/ ,-", -.~ ~ I b'" '- 0 0 0 c: N TI -oS:: ~ :.::i ml:r) ioi'i.:n 2fTl -0 :0 r- 2rc N TIn, 05d?; - :Dr o<~ ,--, ~CJ -0 '19 <;;: -k-:rJ ;20 ~ ~(") -'0 a,n Pc: - ~ " -I c:::> 55 r..., -< f" --~ _ ,," ~ "-"-0.[- , , ,', I.' . ~, ~ ~--",,;~ PYS510D cumberland County prothonotary's office Case Entries 2000~06944 BLACK OMER H JR (VS) BLACK SARAH P Fi)ed Date: 8/28/2000 Time: 4:23 Case Type: COMPLAINT - DIVORCE Page ---1 of 3 FIRST ENTRY - - - - - - - - - - - - - - 8/28/00 COMPLAINT - DIVORCE 8/28/00 MARRIAGE COUNSELING AFFIDAVIT - PLAINTIFF 3/30/01 MOTION FOR APPOINTMENT OF MASTER BY ATTY MARK D SCHWARTZ ESQ 4/03/01 MOTION FOR APPOINTMENT OF MASTER - DATED 04-03-01 - E ROBERT ELICKER IS APPOINTED MASTER BY THE COURT - GEORGE E HOFFER PJ - COPIES MAILED AND ORIG PLACED IN ELICKERS FILE 04-03-01 3/30/01 AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA RCP RULE NO 1920.4(A)(1)(I) BY MARK D SCHWARTZ ESQ FOR PLFF 4/25/01 PRAECIPE FOR ENTRY OF APPEARANCE - FOR RICHARD L WEBBER JR ESQ FOR DEFT + F2=Done F10=print F12=Cancel F17=TOP F18=BOt ~1~tIJ> q/~/or ~ , i 1-,. ' '~'4 PYS510D cumberland county Prothonotary's office Case Entries 2000-05944 BLACK OMER H JR (VS) BLACK SARAH P F~led Date: 8/28/2000 Time: 4:23 Case Type: COMPLAINT - DIVORCE page ---1 of 3 9/06/02 AMENDED COMPLANT IN DIVORCE PURSUANT TO SECTION 3301 C OR D OF THE DIVORCE CODE - BY REBECCA R HUGHES ESQ FOR PLFF 9/06/02 9/09/02 MOTION FOR APPOINTMENT OF MASTER - BY REBECCA R HUGHES ESQ ORDER APPOINTING MASTER - 9/09/02 E ROBERT ELICKER II ESQUIRE IS APPOINTED MASTER WITH RESPECT TO THE FOLLOWING CLAIMS ALL GEORGE E HOFFER P JUDGE 9/10/02 AFFIDAVIT OF SERVICE OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE AND COUNTER-AFFIDAVIT - BY REBECCA R HUGHES ESQ FOR PLFF 9/24/02 COUNTER-AFFIDAVIT UNDER SECTION 3301 D OF THE DIVORCE CODE - BY SARAH P BLACK + F2=Done F10=print F12=Cancel F17=TOP F18=Bot ~_." ",,~ -,'.-k ..J ,',- - '-. ',_, '. ri . .]"';. PYS510D cumberland County prothonotary's office Case Entries 2000-G5944 BLACK OMER H JR (VS) BLACK SARAH P FiJed Date: 8/28/2000 Time: 4:23 Case Type: COMPLAINT - DIVORCE page ---1 of 3 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - F2=Done FIO=print F12=cancel F17=TOP F18=Bot ~. ~-- ,','-, ";>.!J ' , ""'0': -^," ..,. ,,' H .,~, l' ,~-."-rt-:_-j OMER H. BLACK, JR., plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 5944 CIVIL SARAH P. BLACK, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Rebecca R. Hughes Omer P. Black, Jr. Counsel for plaintiff Plaintiff Richard L. Webber, Jr. Sarah P. Black , Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 27th day of November 2002, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: October 17, 2002 E. Robert Elicker, II Divorce Master .",-,,- ",-"" . ,~~ '-' -. "' rr~L:-. I~ THE COURT OF COMMON PLEAS OF CUHBERLAND COUNTY, PENNSYLVANIA OMER H. . BLACK. JR. Plain tiff vs. SARAH P. BLACK, NO. 2000-5944 Civil Term 19 Omer H. Black, Jr. a master with respect to the (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente MOTION FOR APPOIN~~T OF MASTER (Plaintiff) (c..fi....l ...), moves the court to appoint fallowing claims: 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 claims(s) for which the appointma~t of a master is requested. (2) The defendant (has) (1,..-. xu) aOlleared in (by his attorney, Rebecca R. HU2hes. (3) The sraturory ground(s) far divorce (is) the action ~___.,_l~ ,Esquire), (DlI') 3301(c) or (d) following claims: (4) Delete the inapplicable paragraph(s) : (a) The action is not contested, . (b) An agreement has been reached with respect to the claims: (c) The action is contested with respect to the following Divorce 'and DJ:st'i"{bu'tlon of P"rQ1>eTtv (5) The action (~~.lv~~) (does not involve) complex issues of law or fact. (6) The hearing is expected to take One (~) (day&), (7) Additional information, if any. relevant to the motion: Date: ~pp~ember 6. 2002 Attorney for (Plain ( is ORDER APPOINTING MASTER ,1:9~;;:1,- e CkI&AV to the following claims: Esquire, tiLl By the Court: J . >- C) ;>- 0: C Z <( ~ M ;<~ u,O J-...,,- (~)~~ ~?t':1 :C $[~, u_ -. ':-:-} ~:J 'SJ ,~f CD @g: I JZ '.Z -' 0.... UJiD u:~: w Cf..1a.. }-,.. (/J "2 1:5 N ::;) 0 <.) - " .~!m1tiI!...._ . .~ ~~ "~~ '-ILE[\ .~-..,~,- _ ~, .I......,)r"r-~\./" OF n.-':::' """":';:::',"\~'; 'r' ~""-t- ., _, r ", I ''''I '1\",'"Any - -.. ",' " '_.,J, 'k)! .n 02SEP-9 Ui I:S3 CUM8EhL l~,I-"i;'}' I"'~'{-'I' JNrTV ", '''. ...1-;.) j'" P5\JNSYLVANI!\ " ".-~ .,_~' Ji~n1'<'!&:lq"'!!%ffl"'W~,,~~itN'l.~~~~"'''iff"tW_,:;;w,~~~~~\fN''''''li'lf~~~!~'N~~"i!fI\IIlI~ ,- -'" ~.- ""'.'~ ..., " "- - - .", ""'.;:,"--~" "",.;"'."",""'- - "", .- j- '.~->","- ';"'~'-"l OMER H. BLACK, Plaintiff vii. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA SARAH P. BLACK, Defendant : CML ACTION - LAW : No.: 2000-5944 : IN DIVORCE AFFIDA VIT OF SERVICE OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE AND COUNTER-AFFIDA VIT COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND NOW, Rebecca R. Hughes, Esquire, being duly sworn according to law, does depose and state: 1. That she is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a copy of the Notice ofIntention to Request Entry of Divorce Decree and Counter-Affidavit were served upon the defendant on or about September 9, 2002, as evidenced by the Certificate of Mailing attached, addressed to her attorney, Richard L. Webber, Jr., Esquire, at 126 East King Street, Shippensburg, Pennsylvania 17257-1397. 3. That the said Certificate of Mailing is attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities Date: 7-9'-o.? JE~?~4 BECCA R. HUGH, e Attorney for Plaintiff .<e <,-J U.$. PO TAL SERVICE CERTIFICATE OF MAiILlNG ~ MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL DOES NOT PROVIDE FOR INSURANCE POSTMASTER ' Received From: IRWIN, MCKNIGIIT & HUGHES West Pomfret Professional Building ~n v~~~ PnmfTP~ StT~~t Carl~sle, Pennsylvania 17013-3222 One Jli~ce of ordinary mail addressed to: Richard L. Webber, Jr., Esquire 126 East Ki Street Sbil'pensburl!. PA 17257~1397 PS Form 3817. Mar. 1989 ~~ om ~~ ~~ >= III o UI -l Cb m ..,'. !~..._~,,*......Jt . ,- _ -~"L ~lIlif.iii...."'~~kxftmMI",.'lj[d,)Mi~;\,M1~jh~MJ,~~,,~]~jltlii~J,iJWlk.~il~~'~iJj~~;~li~~.M " '1~~~Jjr~"L."J"-l..iJ.d.......J,i~ll!tiii!f -I~_"_*~ o r- ~t0 &;~~;' ~:.~:';- ~("..:.) ..b>c:l ;:;; -4 -< .." ,- ~ ;" ::::; ! \J .:.....") '''II "tJ () '-:'7 C:, _il :':..<'ej ::1~! -,~- /::- <0 i:3"f~'1' _S! ~ J.. - ~ p-- - ...,.- -- ,.,--, -~, <~,"-, - ,--, ". -o."",.,~ .-.'''- '. '';'"' ,'",_'___"_"''' ;;". >".'-'''--''~;';-'~';'''---"',;'d ';""{;->",;.c;;';;'~ - 'Nc. '~'~,-' ';i~ ' LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER B. IRWIN MARCUS A, McKNIGHT, III JAMES D. HUGHES REBECCA R. HUGHeS MARK D. SCHWARTZ DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: IMHLAW@SUPERNET.COM HAROLD S. IRWIN (1925-1977) HAROLD S.IRWIN. JR. (1954-1986) IRWIN, IRWIN &IRWIN (1956-1986) IRW/N.IRWIN &McKNIGHT (1986-1994) IRW/N.McKNlGHT&HUGHeS (1994- ) August 31, 2001 E. ROBERT ELICKER, II, DIVORCE MASTER 9 NORTH IlANOVER STREET CARLISLE, P A 17013 RE: BLACK v, BLACK IN DIVORCE Dear Mr. Elicker: I represent Mr. Orner H. Black, Jr. in the above-referenced matter. We filed for appointment of Divorce Master on or about April 2, 2001. The Defendant, through her counsel, wrote a letter indicating that the appointment of the Master was premature due to date of separation issues. On behalf of my client I would like to request a date of separation hearing at your earliest convenience in order that this matter may be moved forward toward resolution. I thank you for your attention to this matter. Very truly yours, ;Z~;;~S Mark D. Schwartz MDS:clc cc: Richard Webber, Jr. Esquire ~ l - """'"..,.......q ';'-,,",~, i'GlX" ~ I~ THE COURT OF COMMON PLE.\S OF CUMBERLAND COUNTY, PENNSnVANIA OMAR H. BLACK. JR.. Plaintiff vs. SARAH P. BLACK. CIVIL ACTION - LAW IN DIVORCE NO. 2000-~q44 ~TVTT TWRM OMAR H. BLACK. JR. a master with respect to the ( X ) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente MOTION FOR APPOINTIlENT OF MASTER (Plaintiff) ~~, following claims: moves the court to appoint 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 claims(s) for which the appointment of a master is requested, (2) The defendant (has) ~) appeared in (by his atto~ey, MARK D. SCHWARTZ. (3) The staturory ground(s) the action (personally) ,Esquire) . for divorce (is) me) "l"lOl (,.) (4) Delete the inapplicable paragraph(s): (a) The action. is not contested. (b) An agreement has been reached with respect to the following claims: claims : (c) The action is contested with respect to the following DIVORCE and DISTRIBUTION OF PROPERTY (5) The action ~) (does !lot involve) complex issues of law or fact, (6) The hearing is expected to take (7) Additional info~tion. if any. r ~s) (days). the motion: Date: MARCH 29, 2001 ~ Attorney for (Plaintiff) ~t) AND NOW is appointed IJ.~ ma~er with ORDER APPOINTING ,1ASTER ,~aVVI. ~ ~ ~t4-u respect to the following claims: ~ Esquire, By the Court: .J ill ,~ ii: I:'::; ;'!.J~~2 c'C; ::5 ~,~:: Elf-:-- ,:-::1 u_:; t~ ~- c:: i::: 2:: ::::>- (j'" :'):> ,"- :$ ;_,,):..-.1 :7")- <E (J) .'~,S2 "''1Lu ~CL G L1: Q C':' 0::- ;~ Cl " C)f- (""'. t \ \\\ '\ *,' J' '. \ !,\ '\\ h'I\" I' "\\. ""1:,,\ 1\ \ \, Jt \ ~ .~'~ '. ..,'\,1 "! ;' ,~. ". ,* -";"lI" "'.i 't ~ o I r\P\~ ,', I",:: 1l";>!,q, J ,~i l I jo' ""V ("" ',I -',"-';";',j .'<- ,.--: ,..."-,'-Y l\fpJ U'I"'--"---'-'Li.,\" -. ,\.;1\111 V 1\<',.....~_ll I" "..... ............. P=r~NSYl.VJ\N\A -.r F:JfnQ'hlJ"1'"'l'"" ~~~=~_-,.~~iUI!!~I!J~~~~"""!-"TJ;l-.;1'f':-""'"~t'-_""'~_~"'3'!:;f)j)1:-~~ffl""'-'o/i'fR~~1W~~I!lf_!IlJ!!!l'!l!lla~- ~.,} ~ ~. '-'-~: .- ~ ..... . OMER H. BLACK, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SARAH P. BLACK, Defendant : NO. 2000-5944 CNIL : IN DNORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance in this matter. LAW OFFICE OF MICHAEL J. HANFT Date: if ( }:/" ( u ( By: ~ '"<-......A// 4 Richard L. Webber, Jr. Attorney for Defendant 19 Brookwood Avenue, Suite 106 Carlisle, P A 17013-9142 (717) 249-5373 F:\User Fo1der\Firm Docs\Gendocs200 1\21 04-lelltry.app.wpd ,"~ - "l,. '" ,'_ "-;._, ',l 1,'< '_"~" ',n~ . OMER H. BLACK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 - 5944 CIVIL SARAH P. BLACK, Defendant IN DIVORCE Memorandum Today is Wednesday, November 27, 2002, the date set for a conference with counsel and the parties. Present are the Plaintiff, Orner H. Black, Jr., and his counsel Rebecca R. Hughes, and Richard L. Webber, Jr., attorney for the Defendant, Sarah P. Black. Ms. Black was not able to attend the conference today. In reviewing this case, the Master noted that there was a counter-affidavit under Section 3301(d) filed on September 24, 2002; however, no affidavit under 3301(d) was filed although Mr. Webber has an original 3301(d) affidavit in his file. However, counsel have indicated that they are going to have the parties sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree. Those affidavits and waivers will be filed within two weeks of today's date so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. A complaint in divorce was filed on August 28, 2000, raising grounds for divorce of irretrievable breakdown of the marriage. The complaint did not raise any economic claims. An amended complaint was filed on October 8, 2002, raising the economic issue of equitable distribution. No claims have been raised by either party for alimony or counsel fees and costs. In reviewing the assets, the Master has been advised that there is an escrow account from the sale of one of the properties of the parties which is in the approximate amount of $37,000.00. There is also a home located at Enola Road, Upper Frankford Township, Cumberland County, Pennsylvania, where wife is currently residing. The home is in joint names and wife is claiming that the house has a value of $150,000.00. The approximate equity in the home is around $100,000.00. At the value wife has placed on the home, husband is agreeable to let her have the house and wife will take the house as an in kind distribution if she is able to ultimately payout to husband the amount of money that he will r:f .'. ~. " .. ,~- '.~ ~ h- - ~ '" , ~ ~- , v," , j be entitled to if there is a cash payment to be made to accomplish an equitable distribution based on the percentage of distribution used in establishing a final resolution. The parties both contributed to the acquisition of the marital assets, namely, the real estate, and the Master is asking counsel to determine the amount of money each party contributed to the real estate at the time of the marriage or during the marriage. Mr. Webber pointed out that there are some claims that may be made against the escrow fund but the Master has pointed out that he will not deal with third party claims; however, if there are third party issues raised by pleadings then the Master may consider the claimants as indispensable third parties which would not allow the Master to proceed with the case in the Master's forum. Husband has two plans with PPG, a 401(k) and a defined benefit plan. The parties borrowed money from the defined benefit plan in an amount of around $37,000.00. Upon inquiry, counsel thought the parties purchased a 1969 Road Runner vehicle and paid off debt. The Master is requesting that the parties provide documentation as to the amount of the loan and what the monies were expended for. Included in that evaluation we will need to have a value for the Road Runner. We also need to have a value for the marital portion of husband's pension benefits. wife is currently working in her own business as a hairdresser and the support office determined her net monthly income to be $657.00. Husband's net income monthly, working at PPG, is around $3,100.00. In addition to the disparity in income, the Master has looked at other factors which would include wife having custody of a minor child. However, we need to evaluate what effect the contributions of each party to the marital estate may have to the final decision regarding percentage of distribution. If wife intends to keep the home and after the parties do a review of the values of the marital estate and do an equitable distribution computation based on percentages that they want to advance, we need to determine if wife will have sufficient assets to buyout husband's interest in the marital home where she is currently residing. As noted, it appears as if there is an equity in the house of around $100,000.00. If wife cannot accomplish a buyout of the home if such buyout is deemed to be necessary based on a - "'." ~~ --~,,-' - "< ""'- '/'~ c,. ~ ~ "_".Il~o'~_,:,,_. " " ~ - " - ,,' ; . review of the marital estate and distribution percentages, then husband would like to resume living in the house. If husband intends to take the house in kind, he does have the opportunity to have the house appraised if he does not agree with wife's figure of $150,000.00. The Master believes this case needs be to moved forward quickly and to that end would like to schedule a conference giving counsel an opportunity to get the facts together which should not take more than a month. Consequently, the Master would like to schedule a conference on Friday, January 3, 2003, at 9:00 a.m. Notices will be sent to counsel and parties. wife's attorney has indicated that he will probably file a claim for alimony. We need then to have each party file current income and expense statements to be available at the time of the conference. Attorney Hughes has indicated that there will be a claim that wife engaged in marital misconduct so that we will need to have testimony on that issue if the alimony claim is pursued. Attorney Hughes is requested to provide within two weeks a summary of the marital misconduct testimony and the names of witnesses which she may have testify to attorney Webber so that ,he can review the basis for any marital misconduct allegation. However, Ms. Hughes is not required to file any statement until Mr. Webber has filed a claim for alimony which will be done immediately. Otherwise, Ms. Hughes will not be able to respond within the required two weeks and we will have to then review the time frame with regard to pursuing the issues in this case. In the event that the alimony claim is advanced, attorney Hughes has also indicated that there will be an earning capacity issue raised on the basis that wife can certainly contribute to her own support in excess of $657.00 monthly net as she is now earning. Further, in the event that wife files an alimony claim, we have determined after discussion off the record that we will use the 3rd of January 2003 as the day to take testimony on the factor of marital misconduct. Counsel, however, should still be prepared to have a conference based on the information they are to assemble consistent with this memo. The parties were married on September 21, 1996, and separated by agreement on August 28, 2000, , , .'. - " " I: -,,' ~ '"..", '~',-, ,~~__ __ 1q_ "', . in accordance with a statement on the record in the presence of the parties and counsel on November 1, 2001. E. Robert Elicker, II Divorce Master cc: Rebecca R. Hughes Attorney for Plaintiff Richard L. Webber, Jr. Attorney for Defendant \ > . > ~,j f OMER H. BLACK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 - 5944 CIVIL SARAH P. BLACK, Defendant IN DIVORCE THE MASTER: Today is Thursday, November 1, 2001. This is the date set for a hearing to take testimony on the date of separation of the parties. Present in the hearing room are the Plaintiff, Omer H. Black, Jr., and his counsel Mark D. Schwartz, and the Defendant, Sarah P. Black, and her counsel Richard L. Webber, Jr. This action was commenced by the filing of a divorce complaint on August 28, 2000. The complaint averred grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. Neither have there been any economic claims otherwise in the action by way of an amended complaint, counterclaim or petition. Consequently, the only matter currently pending before the Master is the issue involving the divorce. The Master has been advised that after discussion this morning the parties have reached an agreement with respect to the date of separation. The date of separation is being established to permit the parties to be able go forward at the appropriate time in the future when the ~ divorce can be completed. It is the Master's understanding that wife will not consent to the divorce under Section 3301(c); therefore, the date of separation is especially relevant inasmuch as the parties are going to proceed under the Section 3301(d), requiring a period of separation in excess of two years. The Master has been advised that the parties will stipulate that the date of separation will be August 28, 2000, the date of the filing of the complaint in divorce. The Master will not proceed further with this case until the parties have been separated for a period in excess of two years, namely, August 28, 2002. At that time, the party wishing to proceed with the divorce should file an affidavit under Section 3301(d) averring a separation in excess of two years. Also, should either of the parties wish to raise economic claims, those claims should be raised at that time in response to the affidavit. Upon receipt of the affidavit and notice of any economic claims being raised, the Master will direct the filing of pretrial statements and will schedule a pre-hearing conference with counsel to discuss the pending economic issues. In the meantime, the Master will retain the file in his office and it will remain with the Master until counsel are able to proceed with the grounds for divorce in August 2002. -,-- ~< -;;';':,1 Mr. Black, have you heard what I stated on the record? MR. BLACK: Yes. THE MASTER: You understand that there is a stipulation between you and your wife today to establish the date of separation as of August 28, 2000? MR. BLACK: Yes. THE MASTER: Do you agree to that stipulation establishing the date of separation? MR. BLACK: Yes. THE MASTER: Mrs. Black, you have been present during the statement that I made on the record? MRS. BLACK: Yes, sir. THE MASTER: Do you understand that the statement involve s a stipulation setting the date of separation of August 28, 2000? MRS. BLACK: Yes, sir. THE MASTER: Do you agree to stipulate that the date of separation is August 28, 2000? MRS. BLACK: Yes. THE MASTER: Counsel, do you wish to make any statements for the record? MR. SCHWARTZ: No. MR. WEBBER: No. (Whereupon, Court was adjourned at 10:30 a.m.) cc: Mark D. Schwartz, Attorney for Plaintiff Omer H. Black, Jr., Plaintiff Richard L. Webber, Jr., Attorney for Defendant Sarah P. Black, Defendant ~ -,- - -"", ~,= "- -'=- , --'.~-~---.;-",,~' OMER H. BLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. SARAH P. BLACK, Defendant CIVIL ACTION - LAW : No.: 2000-5944 : IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the defendant. 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, Cumberland County Courthouse, 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 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. Court Administrator 4th Floor Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 c<." ';~_', AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. - ^-~ . - > .~ . .," . -, ,. ., ,~, -', ';"'d OMER H. BLACK, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. SARAH P. BLACK, Defendant CIVIL ACTION - LAW : No.: 2000-5944 : IN DIVORCE PLAINTIFF'S AMENDED COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(c) and 3301(d) OF THE DIVORCE CODE AND EOUlTABLE DISTRIBUTION AND NOW comes the Plaintiff, Omer H. Black, by and through his attorneys, Irwin, McKnight & Hughes, and files this Second Amended Complaint in divorce against the Defendant, Sarah P. Black, averring as follows: COUNT I - DIVORCE 1. - 2. The averments set forth paragraphs one (1) through two (2) of Defendant's Amended Complaint are incorporated herein as if fully set forth. COUNT 11- EQUITABLE DISTRIBUTION 3. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 4. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. , -~~---- ""~ ," ~, . WHEREFORE, Plaintiff respectfully requests the Court to enter an Order equitably distributing the parties' marital property pursuant to Section 3502( d) of the Divorce Code and for such further relief as the Court may deem equitable and just. Respectfully submitted, IRWIN, McKNIGHT & HUGHES Dated: /0 -'1-0 2- ~ Rebecca R. Hughes, Esquire Attorney J.D. 67212 60 West Pomfret Street Carlisle, P A 17013 (717) 249-2353 Attorney for Plaintiff ~~ ~ _, _ __ ~, ""__~", ,_.' _ n". om' ,o_,~_ _, ",_~~~~~~ - . '_'_'__'"', "' 'F -,-""", CERTIFICATE OF SERVICE I the undersigned hereby certifY that on this Lday oR,~~ 2002, a copy of the foregoing document was served by frrst-class, postage prepaid United States mail in Carlisle, Pennsylvania upon the following: Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg,PA 17257-1397 Attorney for Defendant IRWIN, McKNIGHT & HUGHES ~72 Rebecca R, Hughes, Esquire ,- jJil' : '0- ~<-, - :A"'- :"I.i!ii-:- -,,-. "'" '" ~ ~~~ Jt:.. ...... 0 )0 ~~1f! e l;j "- ~ ~ l-fi " . () c ~ ulD !?? ~{! ~i', ...;:; --, ~7l_ j j;:~; =j -, Cl (.....) a C') -; I 0) "...., ,~ -n . ~::: "'-"l' -";'::J -. ! ~.~~~ }; ~_~3~ <:,1 I1 -< --0 .....-...J => CD ~~ ~ I . _~ .., 1_._ __ ,-, 'W ,____1 \___, ___ "" DIAKON LUTHERAN SOCIAL MINISTRIES MECHANICSBURG. PA 17055-0707 CHECK NO: CHECK DATE: PERIOO EIDING: PAY FREQUENCY: PAY PERla>: A044299 07/16/04 07/09/04 BIWEEKLY 06/26/04-07/09/04 ,ARAH PATRICIA BLACK 1020 ENOLA ROAD JEWVllLE,PA 17241 ID NU.lBER: BASE RATE: SSN: K826927882 11.8900 =wi FED: -SINGLE ST1 : ST2: =" 00 00 TA~ AOJUS"nAJ:NT~ FED: DI/UC:- lOCA/.: ST: . STATF AN) lOCAl rnnF!=; .PRI: PA LOC1:SD LoeS: SEe: loe2: LOC4:SS LOCS: CURRENT Y-T-D . Y-T-O T ~EGULAR 72.00 856.08 847.00 10070.83 so SEe TAX 53.97 628~24 AC PRIOR VR CARRYOVER .00 :iOLIDAY TAKEN 8.00 95.12 24.00 285.36 MEDICARE TAX 12.63 146.93 AC CURRENT YR EARNED 33.85 ;;>ERSONAL LV '.00 95.12 FED INe TAX 101.72 1202.58 AC CURRENT VR TAKEN .00 JVERTIME .25 4.46 PRI-STATE TAX 26.72 311.00 AC CURRENT-BALANCE 33.85 SDI/UC TAX .86 5.45 ICK PRIOR YR CARRYOVER .00 PRI-LOCAL TAX 8.70 10'1.30 I CK CURRENT YR EARNED 33.85 ICK CURRENT YR TAKEN .00 ICK CURRENT BALANCE 33.85 ERSONAL BALANCE 16.00 TOTAL TAXES 204.60 2399-.56 '" LTD DIS EM 5.71 .22.84 LIFE DEP ADDL .75 3.00 STD EMPLY 13.59 54.36 TOTAL HIE 80.00 951.20 879.25 10455.77 DENTL PRETX 6.19- 24.76- MED PRETX 74.54- 298.16- . .. 34-08493 HECK AMOUNT 645.82 .00 TOTAL PRE-TAX 80.73- 322.92- TOTAL 80.00 870.47 879.25 10132.85 TOTAL PER OED . 20:05'- 80.20 ., 7653: 09 Detach at perforation below and keep for your records. OrAL CURRENT NET ~AY A Payroll Service By Ceridian 645.82 Y-T--D 10455.77 Statement Of Earnings DIAKON LUTHERAN SOCIAL MINISTRIES MECHANICSBURG. PA 17055.0707 TDN DATE: 07-16-04 CHECK NO: A044299 lOUR ENTIRE NET PAY HAS BEEN DEPOSITED IN YOUR BANK ACCOUNTIS). PLEASE REVIEW fHE "CURRENT NET PAY DISTRIBUTION" SECTION OF YOUR STATEMENt OFEARNINGS FOR DETAILS. SARAH PATRICIA BLACK 4020 ENOLA ROAD NEWVILLE,PA 17241 NOT NEGOTIABLE F~~.'fiR?f;,f!!~',,,,,~ . ' " ' J :::"..........:1 ;11""1" ...1 ;;In: I f>1.lo['" I 1:1,'..., N."" '" I II.'~ 0< OJ...., ~'J ,..(,,;, <\'l'111,'I...h'I1'1 I ;ill ,*,:."':I~" .'1-'''' ,'j::o I..".., 'I'" ,::0 ...,,1....;':1 ~ ."'l"l"'I:11 ~. ~:::!., 101"1:>,: ",,,,rIi!!!i '--"""'!I '0. "' ,,,_.-j. iiI': IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OMER H. BLACK, JR., Plaintiff CIVIL ACTION - LAW VS, NO. 00-5944 CIVIL SARAH p, BLACK, Defendant 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 judgement 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 grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 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 MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 71 7-249-3166 WEIGLE & ASSOCIATES, Re. ~ ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 .I '~: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OMER H. BLACK, JR., Plaintiff CIVIL ACTION - LAW VS. NO. 00-5944 CIVIL SARAH P. BLACK, Defendant IN DIVORCE PETITION FOR COUNSEL FEES. COSTS. EXPENSES AND ALIMONY COUNT I REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104, 3323, 3502(e) OF THE DIVORCE CODE 1. Defendant/Petitioner is Sarah P. Black of 4020 Enola Road, Newville, Cumberland County, Pennsylvania 17241. 2. Plaintiff/Respondent is Orner H. Black, Jr., whose address is unknown. 3. Plaintiff/Respondent commenced this divorce action on August 28,2000. 4. DefendantlPetitioner has employed Richard L. Webber, Jr., Esquire, of the law firm of Weigle & Associates, P.C., to represent her in this matrimonial cause. 5. DefendantlPetitioner is unable to pay the necessary counsel fees, costs, and expenses and Plaintiff/Respondent is more than able to pay them. WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff s reasonable counsel fees, costs and expenses. COUNT II REQUEST FOR ALIMONY UNDER SECTIONS 3701 AND 3702 OF THE DIVORCE CODE 6. The prior paragraphs of this Complaint are incorporated herein by reference thereto. WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 7. If a divorce decree is entered, Defendant/Petitioner will be unable to provide for her basic needs. 8. Defendant/Petitioner lacks sufficient means of support to fully provide for her reasonable needs, in that she is currently employed at Changing Directions at a net weekly salary of only $152.79. 9. DefendantJPetitioner requires reasonable support to adequately maintain herself III accordance with the standard of living established during the marriage. 10. Plaintiff/Respondent is financially able to provide for the reasonable needs of DefendantJPetitioner. WHEREFORE, Defendant/Petitioner respectfully requests that the Court award her reasonable alimony. WEIGLE & ASSOCIATES, P.C. /L........ Richard 1. Webber, Jr., Esquire Attorney for Defendant/Petitioner Attorney ID #49634 126 East King Street Shippensburg, P A 17257 717-532-7388 WEIGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 ~-;: VERIFICATION I verifY that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: 1:2 - elf-cD- cur~ Sartih P. Black W~IGLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET ~ SHIPPENSBURG, PA 17257-1397 ~' '..'~,~:-~ ~~;fl4,.:~il>.6::,,&'M;'I.W,_'ii\l,",,1?:;iiil*,r~ ~1illi;j~00iiI1 ~!<i~~~ "~', -- {flr ~~ '-Jl@ll.l!~L-D !" ~R tv ~~ ~ ~ -1 C> r ~ -~ - L-. 'C , - .~ WO. < j - '~ ", F! ::'i r,' t:! f~: Ii I, ., Lj ~ :3 ~' n C"o s:- "1 - Q t il Ii 'I II 'I'! J .1, ,. " lJ il r: ~~ ii ~ i I c- ~ 0 J ...,..., "&> r::> 3 f ~ !r :> J- p :I) :> "' ~ ~ (::) <> S ~- ~ . '. -,~--;~ "." ~~'"" .-~. , '\,' WEIGLE & ASSOCIATES, P.C, Attorneys-at-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 JERRY A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER, JR. Of Counsel THOMAS L. BRIGHT TELEPHONE (717) 532-7388 or (717) 776-4295 FAX (717) 532-5289 November 15,2002 E. Robert Elicker, II, Divorce Master 9 North Hanover Street Carlisle, P A 17013 RE: Black v. Black No. 00-5944 Civil In Divorce Dear Mr. Elicker: I represent the Defendant, Sarah P. Black, in the matter referenced above. This letter is written as a follow up to my telephone conversation with your secretary, Tracy, on Friday, November 15, 2002. A conference with counsel and the parties is scheduled for Wednesday, November 27,2002 at 9:00 A.M. in your office. The purpose of this letter is to request a continuance of the conference or, alternatively, that the conference be attended by the attorneys only. My client is a hair stylist at Changing Directions Salon in Carlisle. Her busiest day of the year is the Wednesday before Thanksgiving, which is the same day as our conference. Her schedule of appointments for that day is completely filled with appointments for the entire day, and her boss has requested that she work that day. I would note that neither party has been directed to file an Inventory or Pre-trial statement. I therefore do not believe that the parties are fully aware of the extent of the claims of the other. I discussed this issue with Rebecca R. Hughes, Esquire of Irwin McKnight & Hughes who is representing the Plaintiff. She indicated that she opposes our request for a continuance. Page 2 E. Robert Elicker, II, Divorce Master November 15,2002 Thank you for your attention to this matter. RLW/paf cc: Rebecca R. Hughes, Esquire Sarah P. Black L,~ Very truly yours, WEIGLE & ASSOCIATES, P.C. I /7/ / "2./ 1- ~..-dA..--/ Richard L. Webber, Jr., Esquire OMER H. BLACK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 5944 CIVIL SARAH P. BLACK, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Rebecca R. Hughes Orner P. Black, Jr. Counsel for Plaintiff Plaintiff Richard L. Webber, Jr. Sarah P. Black Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, pennsylvania, on the 27th day of November 2002, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: October 21, 2002 E. Robert Elicker, II Divorce Master .,-- ". '" ""-""1 WEIGLE & ASSOCIATES, P.C, Attorneys-at-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 JERRY A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER, JR. Of Counsel THOMAS L. BRIGHT TELEPHONE (717) 532-7388 or (717) 776-4295 FAX (717) 532-5289 December 11, 2002 E. Robert Elicker, II Divorce Master for Cumberland County 9 North Hanover Street Carlisle, PA 17013 RE: Black v. Black No. 00-5944 Civil In Divorce Dear Mr. Elicker: I have enclosed a copy for Petition for Counsel Fees, Expenses, Costs and Alimony that I am filing on behalf of my client, Sarah P. Black, the Defendant in the above referenced action. At the conference on Wednesday, November 27, 2002, I stated that I believed that my client would execute an Affidavit of Consent and Waiver of Notice. When I subsequently met with her, she was not willing to sign an Affidavit of Consent and Waiver of Notice. Thank you for your attention to these matters. Very truly yours, WEIGLE & ASSOCIATES, P.C. ~f7'---~ Richard 1. Webber, Jr., Esquire RL W /paf Enclosures cc: Rebecca R. Hughes, Esquire Sarah P. Black -", IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OMER H. BLACK, JR" Plaintiff CIVIL ACTION - LAW VS. NO, 00-5944 CIVIL SARAH P. BLACK, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RiGHTS y 0'.! h~ve h""n <lied 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 judgement 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 grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counscling. A list of marriagc counselors is available in the office of thc Prothonotary at Cumbcrland County Courthouse, I Courthouse Square, Carlislc, PA 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 MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 II I' ,I " i '." '-. ~~, ,::::: . ,_"'~J ~~. ___"" ,_....,..... ~~ - ,,-,- , -,~- ,"' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OMER H. BLACK, JR., Plaintiff CNIL ACTION - LAW VS. NO. 00-5944 CIVIL SARAJI P. BLACK, Defendant IN DIVORCE PETITION FOR COUNSEL FEES. COSTS. EXPENSES AND ALIMONY COUNT I REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104, 3323, 3502(e) OF THE DIVORCE CODE 1. DefendantJPetitioner is Sarah P. Black of 4020 Enola Road, Newville, Cumberland County, Pennsylvania 17241. 2. Plaintiff /Respondent is Orner H. Black, Jr., whose address is unknown. 3. Plaintiff/Respondent commenced this divorce action on August 28, 2000. 4. Defendant/Petitioner has employed Richard 1. Webber, Jr., Esquire, of the law firm of Weigle & Associates, P.c., to represent her in this matrimonial cause. 5. Defendant(petitioner is unable to pay the necessary counsel fees, costs, and expenses and Plaintiff /Respondent is more than able to pay them. WHEREFORE, reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff s reasonable counsel fees, costs and expenses. COUNT II REQUEST FOR ALIMONY UNDER SECTIONS 3701 AND 3702 OF THE DIVORCE CODE 6. The prior paragraphs of this Complaint are incorporated herein by reference thereto. WEIGLE & ASSOCIATES, RC. - ATTORNEVS :AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257r1397 ,'~.~ -~ ~ l l".~" - .,.1 '~.b ..,~,,-~t. <-<"., 7. If a divorce decree is entered, Defendant/Petitioner will be unable to provide for her basic needs. 8. DefendantlPetitioner lacks sufficient means of support to fully provide for her reasonable needs, in that she is currently employed at Changing Directions at a net weekly salary of only $152.79. 9. DefendantlPetitioner requires reasonable support to adequately maintain herself III accordance with the standard of living established during the marriage. 10. PlaintiftlRespondent is financially able to provide for the reasonable needs of Defendant/Petitioner. WHEREFORE, DefendantlPetitioner respectfully requests that the Court award her reasonable alimony. WEIGLE & ASSOCIATES, P.C. /L.~ Richard 1. Webber, Jr., Esquire Attorney for DefendantlPetitioner , Attorney ID #49634 126 East King Street Shippensburg, P A 17257 717-532-7388 WEIGLE & ASSOC1ATES, RC. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257,1397 ~< . ~ iu@, VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: /:2 - tJ1-cJ;L uf?~ sarah P. Black WE1GLE & ASSOCIATES, RC. - ATTORNEYS AT LAW - 126 EAST K1NG STREET - SHIPPENSBURG, PA 17257-1397 '_'.'1 .C 0.' .."._ _l " I :...;,,' WEIGLE & ASSOCIATES, P,C. Attorneys-at-Law 126 EAST KING STREET SHIPPENSBURG, PENNSYLVANIA 17257-1397 JERRY A. WEIGLE Associates JOSEPH P. RUANE RICHARD L. WEBBER, JR. Of Counsel THOMAS L. BRIGHT TELEPHONE (717) 532-7388 or (717) 776-4295 FAX (717) 532-5289 February 14,2003 E. Robert Elicker, II Divorce Master for Cumberland County 9 North Hanover Street Carlisle, P A 17013 RE: Black v. Black 00-5944 In Divorce Dear Mr. Elicker: This letter is written to confirm the conversation that I had with your Secretary, Traci, on Thursday, February 13,2003. Please be advised that Rebecca R. Hughes, Attorney for Mr. Black, has agreed with me that the case is not ready for the hearing which is scheduled for Tuesday, February 18,2003. There are several reasons. First, Mrs. Hughes only recently received the retirement benefits information for her client. I did not receive that documentation until Thursday, February 13,2003 and was therefore unable to review those items and/or have an expert do the same. Second, I have been informed that Robert G. Frey, Esquire will be filing a claim or claims against Mr. and Mrs. Black on behalf of third parties. Mrs. Hughes and I agreed that it would not be productive to have a settlement conference in your office on Tuesday, February 18,2003. We therefore do not plan to attend, unless we hear from you otherwise. Thank you for your attention to this matter. Please feel free to contact me if you have any questions. Very truly yours, WEIGLE & ASSOCIATES, P.C. P~zY/f.~~ Richard L.Webber, Jr., Esquire RLW/paf cc: Rebecca R. Hughes, Esquire SarahP. Black .-, , - .- -< .-" -~ -~ - - - - " "".; '""_~:""__::.~ ,J._-,,, ,,- --~ ~ ~- III'. ~I(()f{j 111el'-t 1/8 SaMMIC Alftlfae ClarLr ta/lfllfit. PI! //1111-1166 TEL 570 905 9935 HAY 4 2004 OFFICE OF THE DIVORCE MASTER ATT: MR. E ROBERT ELICKER 13 NORTH HANOVER STREET CARLISLE PA 17013 DEAR SIR: THIS CONCERNS THE SARAH & OMER BLACK DIVORCE HEARING ON MAY 7th, I HAVE PREVIOUSLY SENT LETTERS TO BOTH ATTORNEYS MILLER & WEBBER CONCERNING THE DEBT THAT IS OWED BY MR, & MRS, BLACK TO ME. THE AMOUNT IS $7395.00..MRS. BLACK CURRENTLY ACKNOWLEDGES THE DEBT AND MR. BLACK ALSO DID WITH A HANDSHAKE AT HIS OWN WEDDING. THE DOUGLAS DRIVE REAL ESTATE THAT WAS OWNED BY MRS, BLACK WAS USED AS COLLATERAL FOR THE LOAN AND I WAS TO BE PAID OFF WHEN THE PROPERTY WAS SOLD..IT WAS SOLD AND THE PROCEEDS FROM THE SAl,E ARE BEING HELD IN AN ACCOUNT FOR DISTRIBUTION DURING THIS DIVORCE HEARING. I WOULD LIKE YOU TO KINDLY ADDRESS THIS MATTER BEFORE BOTH PARTIES, BEFORE ANY OTHER MATTERS ARE CONSIDERED. I'AM HOPING YOU AS THE MASTER MAY BE ABLE TO RESOLVE THIS MATTER.. ~aA~lNG YOU.~ I C,~J (~~~, RONALD ALPE;; r~- ,1..- ;_,.-', . '~-;'b~)1 ;,'m::;S:f,f..,4;}1J;,r:,{;.*tt;frFSyfJifi;:i1f}ii0'i:#;j;;Yfifi.~JJ;!i:\,::'?:('-?\~l; ,-cc~_,. ~I, , . , j I" -:,1 ,~L~t"?~J' 1 _:.- ,,' "') ,\,~1 " ""1 ,:j >~ :./(' ('--,,1 j :-;;.-. ;;:~ ie';::; , I - - I \...,.. pc; I " ~~ ~.. I II: Joi tii I I. n ~ I , t 1J J /~;?~ If ~ <1-"-' ,~. i ~ I:I,<~ w. ~ :.\), I -",',J., // t . ~~'-- , I ii ~ ~, f i ~ ~ 1: Z CI .~ ""~~ < ~; "0 E!C: 'i <il,! I: ~e C :;Jl ll: . ~ 0"-. ]Vlf,~?_l. .-3 Ilil Il'I ... :Jlllil .0:: 1l'I. :!: Ilc:.E-o Oll'l rz:I....rz:I 0..:!1lil Ililrz:lE-o o tIlM >E-o .... ....1lil1lil0 ~rz:lrz:lr-- ~>.... rz:IOO :=Ilil:<= E-o .0::.0:: 1l'I:=i:l. r.. o ':=.>:1 IlilE-o..:! rz:I:!:lliltll o 0.... t-oI..Zi~ r..E-o Ilil r..E-oM< 0<....0 -. ,- ,.....,~{;,.... , .....~~. r - ~ - - - - ...;:. -: - : - <J .. " f! .f" r1 .. " I'" .. Ilc: o ~ ~ ~ f;ll ::e: o <./l := .0: ~ tIl r.. rz:I 1:l ~-;f0~H,'f,,~&;'2t!J.~ftij~50~~;;t~,(f{fr~':fC-1Wi,{6!"~"f:?6{~j;0!'_~Yfli~ -, .~, i OMER H. BLACK, JR., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA '511.\'-1 NO. 00 - ~ CIVIL SARAH P. BLACK, Defendant IN DIVORCE ORDER OF COURT q/ '/1'1... AND NOW, thi s of {jl day of err 2004, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on July 22, 2004, 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, cc: ~ouglas G. Miller Attorney for Plaintiff ~ichard L. Webber, Jr. Attorney for Defendant i..-4..-T~",",~- ~ 0- ,'''-_-' I Iii I, II ~I' II It~l -~ . -.- '.--" --~~ ~ =--."" ,'A "" _"" " -- w;""-, ',J -~". . ,- - '''''~'''''~'\ ',;\1 \=1 i-iJ("th...'L__, "". t L<-w !,-.."I' "1"-\ 'F -\! 11- Dc~r:\Hl 1)\!\) \ .\n. !~)'- .'Cd':: j \ lV ' '.~ 'In ~ 'liJ\l~ JUI- d.i ,"-', if), he. ~;n H.l' ,,v r,' I' \./l):\i:~:- ,.,\',-\/ :;\~! 1. -,"~I -_-,~,'1' ",,,",, ",,",,. ,lMl~mR!H!~0~tt'!,'~~~_~__.._=, IH1 filllIJJI _ 'lr "".~ - .. 'I '~~. ii, ,,:_ ~- .," '"W-j OMER H. BLACK, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 5944 CIVIL SARAH P. BLACK, Defendant IN DIVORCE THE MASTER: Today is Thursday, July 22, 2004. This is the date set for a Master's hearing in the above captioned divorce proceedings. Present in the hearing room are the Plaintiff, Omer H. Black, Jr., and his counsel Douglas G. Miller, and the Defendant, Sarah P. Black, and her counsel Richard L. Webber, Jr. Also present is Ms. Irele, the clerk in Mr. Miller's law office. This action was commenced by the filing of a complaint in divorce on August 28, 2000, raising grounds for divorce of irretrievable breakdown of the marriage. Both parties have provided the Master with 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. The affidavits and waivers will be filed by the Master's office with the Prothonotary. On October 8, 2002, the Plaintiff filed an amended complaint raising the economic claim of equitable distribution. The Defendant filed a petition on December 1 , . 16, 2002, raising on her behalf additional economic claims of counsel fees and costs and alimony. The parties and counsel have previously had conferences in the Master's office in an effort to settle this case. Today the parties and counsel spent a considerable amount of time working on a resolution and after a great deal of discussion have advised the Master that the economic claims have been resolved and that an agreement is going to be placed on the record. Mr. Miller is going to state the agreement on the record in the presence of the parties, Mr. Webber and the Master. The agreement as stated on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Following the transcription of the agreement, the parties and counsel will return later today to review the agreement for typographical errors and make any corrections as necessary and then affix their signatures affirming the terms of settlement as stated on the record. They are nevertheless bound by the terms of the settlement as stated on the record when they leave the hearing room today. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his 2 ~- - - ~. w,_ appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on September 21, 1996, and by stipulation entered on the record on November l, 2001, established a date of separation as August 28, 2000, the date the action was commenced by a filing of a complaint in divorce. There are no children of this marriage. Mr. Miller. MR. MILLER: 1. The parties are the joint title owners of real estate located at 4020 Enola Road, Newville, Pennsylvania. Defendant agrees to sign a deed transferring all right, title, and interest in that real estate to Plaintiff. Defendant's counsel will prepare that deed for execution as soon as possible and provide it to Plaintiff's counsel in order to enable Plaintiff to refinance the property. Defendant will continue to make the existing mortgage payments on the real estate for August 2004 and September 2004 and will agree to move from the property on or about October 1, 2004. Plaintiff will refinance the existing mortgage obligation on the property in order to pay Defendant the sum of $35,500.00 on or about October 1, 2004, or such earlier time that Defendant moves from the property. 2. Plaintiff agrees to release all right, title and interest to the escrow fund held at M&T Bank. Said escrow fund represents the proceeds from the sale of the property located at 1710 Douglas Drive, Carlisle, Pennsylvania. Plaintiff agrees to sign all documents necessary to allow that escrow fund to be released to Defendant immediately. 3. Defendant agrees to waive all right, title and interest to the 1969 Plymouth Road Runner to Plaintiff. The parties 3 .......... 1-' "-llVi believe that the title to that vehicle is currently at the residence at 4020 Enola Road, Newville, Pennsylvania, and therefore, in the possession of Defendant. Upon the location of the title, Defendant's counsel will provide the same to Plaintiff's counsel, and Plaintiff's counsel will deliver to Defendant's counsel the title to the 1998 Ford Contour sedan being used by Defendant. Accordingly, Plaintiff agrees to waive all right, title and interest to the 1998 Ford Contour. In addition, Defendant agrees to waive all right, title and interest to the 1998 Ford Ranger truck used by Plaintiff and titled in his name alone. The vehicle titles should be transferred by August 15, 2004, and any insurance coverage should be divided. 4. Defendant waives all right, title and interest in the retirement plans of Plaintiff, specifically the PPG retirement income plan which is a defined benefit plan and the 401(k) also with PPG. The parties agree to waive all right, title and interest in all retirement plans in the name of the other party. 5. Defendant shall be permitted to retain the monies obtained from the cashing inWthe savings bonds in her possession. Three remaining savings bonds in the joint names of the party shall be retained by Plaintiff. Defendant agrees to waive all interest she has in those three remaining savings bonds and sign any and all documentation which may be necessary to confirm said waiver. 6. Plaintiff agrees to be solely responsible for the balance on the two credit cards in the joint names of the parties. These credit cards are identified as a Bank One MasterCard and an AT&T Universal card. Plaintiff agrees to indemnify Defendant in the event any claims are made against her for payment on these credit cards. Other than for the credit cards or other debts referenced in this agreement, the parties agree to remain responsible for any and all debts incurred which are in their individual names, and agree to indemnify the other party if claim is made against them for payment of their debts. 7. Plaintiff shall be permitted to immediately terminate the medical and life insurance coverage for Defendant and her daughter who are currently covered under his insurance. Defendant has indicated that she now has her own insurance 4 -"~ . - .~ . coverage through her new employment. Plaintiff shall be permitted to communicate the termination of the medical and life insurance to his employer to allow them to change the coverage. 8. Plaintiff shall pay the spousal support payment to be deducted from his paycheck on or about July 3l, 2004. After that payment is deducted from his paycheck and credited to Defendant, the parties agree that the spousal support order currently in place shall be terminated. Any further payments received by Defendant shall be reimbursed to Plaintiff. To the best of the parties' knowledge, there are no arrears under the spousal support order, and in the event there are any arrears after the July 2004 payment, those shall be waived. 9. With regard to tangible personal property, Plaintiff had prepared a list of items which list has been provided to Defendant and her counsel. This list has been marked as Joint Exhibit No. 1 by the parties. On Joint Exhibit No. 1 Defendant has indicated which items are still in her possession and which items are no longer in her possession. The personal property as amended by Defendant shall remain on the property located at 4020 Enola Road and in particular, Items 10, 25 and 26 are already in Plaintiff's possession and Defendant shall have no responsibility for those. Number 52 references the house which the parties agree is not tangible personal property and is not to be considered a part of this list. The second page of the exhibit also references the 1969 Plymouth Road Runner and the parties acknowledge that this asset has already been dealt with previously and shall not be considered part of the tangible personal property referenced in this paragraph. The parties also acknowledge that the snow blower, No. 50 on the list, is no longer at the property and will not be transferred to Plaintiff. The condition of the real estate and the personal property shall remain in its current condition, reasonable wear and tear accepted. 10. The parties also agree to waive any and all rights to alimony or other financial support as well as counsel fees of the other party. Each party shall remain responsible for the payment of their own counsel fees. 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 5 , ~- "'~ j-__: ~-v-,,-- . ~ - -,~ ~' 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 will 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. MR. MILLER: Mr. Black, have you had the opportunity to hear the entire agreement dictated on the record? MR. BLACK: Yes, I have, Doug. MR. MILLER: And do you understand the terms as they have been dictated on the record? MR. BLACK: Yes, I do, Doug. MR. MILLER: And are you in agreement with the terms as they have been read on to the record? MR. BLACK: Yes, I am, Doug. MR. MILLER: Do you have any questions at this time? MR. BLACK: No, I do not, Doug. THE MASTER: Mr. Webber. MR. WEBBER: Ms. Black, were you present when Mr. Miller read the terms of the agreement onto the record? MS. BLACK: Yes. MR. WEBBER: Do you understand the terms? MS. BLACK: Yes, I do perfectly. 6 .....,-,- MR. WEBBER: Are you in agreement that the terms that he read do, in fact, reflect the agreement that you agree to? MS. BLACK: Yes. MR. WEBBER: Do you have any questions about any of those terms? MS. BLACK: No, I do not. 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 law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: - < ~',~ ~ ~'Zilt.~ ~L-,~../ Richard L. Webber, Jr. Attorney for Defendant Mr~ Sarah P. Black 7 h.:~J () y 7 \;J ~ x " 0 ill '-c 1- } ~-,;...I- A c 1<:.7-'-1 S II e . ( t/ (,,' /- e, )'-.:..n C,.:;. \.... ....j f "'.) :J' r- '^J '- )'vl.:. Itv~":::' -4-l.> > "'_ ; ~'CoJ":-' PREVIOUS ' \ N' , ,'" .../,~ ~ ,. " b v '^; VY\. ~ -L.. +~1 OJ_J h,+ "'J., Lawn Mower (push.shed) . /. ~ . I ~Roto.Tiller(shed) n.OJSe \.VetS V'O-t? ~e(:r. .1- c..a...! 1e..cR. I'll vYl t\ "oL "3., Couch (family room) .. I 0 I h n H ' J J <-. ""4. Chair (family room) e\'0\(~,", n"€ '5t:t,'0\. If\"e. tte'( "\,:' e'1eve..Y''j/111''1f 1 v"S.Recliner(familyroom-brown)\ lA.I~+-",-~ ttncR. WovlJ 11C!+ pe., pctc..k. 0 v'6. Lamp (brass-family room) /.3..t- ! v"r End Table and Glass Top (family room) i L "2,.. l r:S. ItJ 0 "'-8, Coffee Table (family room) ._ _ -1l. Desk.Book Case and Chair (family room) . 10. Books and Tapes on Book Case (familv room) - YjJ~\\.""'- -r Y'--c:: ""''\ (,) R<L v'l L,Pie Hutch (family room) '-'12. Corner Cabinet (kitchen)0- 13. Kitchen Table &Bench~airs (drop leaf.kitchen) / I 1/ f) <-14. Television (family room) V (L,- "u-1-- vJ [ :- k- .... ~ 5 "T TO r QS. VCR (family room) _ p,.. \<,..." ('-< p \c- ~ <:.., .;..i. +1, ., e.'; - "16. Stereo (floor model.fannly room).., 17. Stereo (garage) - A~<: Ie.:: "- ,.! -I" ,L:it '4.4. . :' . 18.Washer&Dryer(fannlyroom) Pry",... O".K"''' ';;Sr..'h1"'- /.....,....-1.1+( 111\ v19. Upright Freezer (garage) \, . 20. Kerosun (garage) C) v " f'. 721. Hoe, Rake, and Shovel (?) :s 01"'- "- +-h rOLL' '1 ~""<Cj - rv$ f. co{ \/22. Knick.Knacks (family room) . ~Ohce.- S ,,-lIel'S .23. Wicker Chest & Contents (family room) >/24. Homemade Bench & Contents (family ro m) , ......25. Rcloadin E ui ment famil room master bed room <r , did not take ress 6. 357 Ma~num Pistol (master bed room) ;::"1' e.- ,"e.......o~'.::...{.. , 27. Tools (garage & shed) - (>1"".'- -/ 0 c.c -1-. t;<;' he M" , n'.1 1 v2~. AmericanFlyer Train (shed) -: () Jon t..r- r>l V<;:+- A 'I'/" e... </29. Books in Shed? 30. Small BBQ Grill and Fuel Tanks (Garage) - .1 <l" L 3 L, Ice Cream Freezer (garage) ? ~ v ^\C.. _ </32. Wall Clock (living room) - 33,. Food Processor (kitchen cupboard) } ~., l. --34, Wall Frame with Mirrors & Shelves /' (above couch in family room) V3;>,.Daughter's Picture (living room) >36. PPG Trucks (master bed room) 37. Screw & Bolt Organizer (garage) ).., ^t~ 08. Step Ladder (garage) '-3,9.18,000 Bro Air Conditioner (outside falnily room window) . () .1- '-40. Bed HeadBoard (under back porch) Wlt.('~e..e. l)ee.l"\ ovKt,,{<:-Tor 3..... yr:s v41. Bed Frame (in shed) ~42. Battery Charger (garage) .. _ v'43.Records & Tapes (most iniloor model stereo) '44. Sewing Machine & Case (filmily room) . V45.3--S.GallonCans(underbaclCporch) SDm"C.. +hrow,", dv+ 46. Wooden Trash Can (garage) .I" ~\<.. --t-h.(' V'''!}'\ 0 u +- 47. Mattress and Box Springs(familyroom) .) J ,,\::..--+-~.-o <V..... 0 <>I..t- ~'!$' Riding Mower(shed) . (- ') "'49. Weed Wacker-Ele.(garage) ___ 6'* IJ..'/ 'S i , '''J'... , ' /7 so. Snow Blower(shed) Iik9~"-.... ,"' ~f,/"," L ( 13,,-10"'; <:..>... -rC '..,. J' .... f -,SI~~d) r-u'!:+e..R. A-:l9 so>neLA\erc. 0-"..1,,(' p"rd. r,J},e..r;e..,{Jm'",' . lI"eLJ r /(~2, House ) ~ . . ^ + I i'- \ \ {IS:-:~Y'€lofueS(clOsetS&gar;eE-o~rj ~v ,,\:.. ~';~":~J 1+,: ~.:+;:~ \ ;/~~~: t~;:- rrft .. hO c..fo-fLd Ih c:../Mcf. OMU- hIYJ:: y/ -e,...,. - .. ~ ---- :seve.rlLl L.J '€-...."5 ';, ~I J-./..y S ~ ~o..t'a~ej b<-/o;,/"" -f.~,. e.. '""""",,",' ' -... -'''''';i__ -. 7 OTHERS , , LWeed Wacker{gas-garage) \ II ~ (lrti S c:- .2. PPG Awards (family room & living room) 3. Car Ramps (garage) j")",, \<. , '.!4,Old Car Parts (garage) "5-/;": II , '" ,,<!ni"; "- " ' v5. Tire Pwnp (garage) - 3+,:t 'VI. <{ "-'-<(3 e itJ. +i.. ~'Q I ~ f Yl 1+ 6. Car Care Products (garage) J \J '" ~ .' 7.LawnMowerW~n(o'ltsideshed) )+,11 1'\.);+1 "J' 'jl.' '/ Ct'-\. 8.1969Plvmouth 'K:x.d.ruI\l\.er OI1o\~'- -~--Gv I( ~~ I ._J._ ~,~= -~. > , ~~~~i~'~~!t$~&.i~~,'j~"~H.l'~i,!(i"""_lilI2ilr!il~j~~'i~;ti~j-~~,.,; !&l<I!ll;l$/I..i~l~_;i -~_. -~ \sf' 1fT ,6UI, '~ '1 ' '2.-'2- - O<t .