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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
.
DORENE G. ELLIS,
.
NO. 2000-6512 CIVIL TERM
Plaintiff
CIVIL ACTION - LAW
VERSUS
WAYNE M. ELLIS,
IN DIVORCE
Defendant
DECREE IN
DIVORCE
.
AND NOW,
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IT IS ORDERED AND
,2001
DECREED THAT
DORENE G. ELLIS
PLAINTIFF,
AND
WAYNE M. ELLIS
, 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;
The Marriage Settlement Agreement dated November 2, 2001 and signed bv
the parties is hereby incorporated into this Decree, but not merged.
J.
PROTHONOTARY
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DORENE G. ELLIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- (..~/.2..CIVIL TERM
WAYNE M. ELLIS,
Defendant
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 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 Avenlie
Carlisle, Peunsylvania 17013
717-249-3166
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1-800-990-9108
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.
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DORENE G, ELLIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- (. S f..L CIVIL TERM
WAYNE M. ELLIS,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
NOW comes the plaintiff, Dorene G. Ellis, by her attorney, Douglas G. Miller, Esquire,
and files this complaint in divorce against the defendant, Wayne M. Ellis, representing as follows:
1. The plaintiff is Dorene G. Ellis, an adult individual residing in Cumberland County,
Pennsylvania.
2. The defendant is Wayne M. Ellis, an adult individual residing at 484 North Mountain Road,
Newville, Cumberland County, Pennsylvania 17241.
3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months
prior to the filing ofthis action in divorce.
4. The plaintiff and the defendant were married on August 8, 1970 in South Gate, Los Angeles
County, California and separated on May 9, 2000.
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5. There have been no prior actions of divorce or for annulment between the parties.
6. There were three (3) children born to this marriage; namely, David W. Ellis, born February
17, 1976, age 24 years; Faith C. Ellis, born May 8, 1977, age 23 years; and Timothy W. Ellis, born
September 8, 1978, age 22 years.
7. Pursuant to the Divorce Code, Section 330 I (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 she 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,
ffiWIN, McKNIGHT & HUGHES
By: ~~ - tJ !11JhA-
Doug s G. Miller, Esquire,
Attorney for Plaintiff
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court 1.0. No. 83776
Date: September 25th , 2000
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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.
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DORENE G. ELLIS
Date: September 25th , 2000
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DORENE G. ELLIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000- CIVIL TERM
WAYNE M. ELLIS,
Defendant IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. 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.
Date: September 25th , 2000
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DORENE G. ELLIS
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MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT moo, "'i'~ ~ day "f~ ,2001, hy md b<lw,oo
DORENE G. ELLIS, (hereinafter referred to as "WIFE") and WAYNE M. ELLIS,
(hereinafter referred to as "HUSBAND").
WITNESSETH:
WHEREAS, HUSBAND and WIFE were lawfully married on August 8, 1970; and
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest
of their natural lives, and the parties hereto are desirous of settling fully and fmally their
respective financial and property rights and obligations as between each other, including, but not
limited to the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property, the settling of all claims and possible claims by one
against the other or against their respective estates, and the equitable distribution of property and
alimony for each party.
The parties hereto agree and covenant as follows:
1.
The parties intend to maintain separate and permanent domiciles and to live apart from
each other. It is the intent and purpose of this Agreement to set forth the respective rights and
duties ofthe parties while they continue to live apart from each other.
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2.
The parties have attempted to divide their matrimonial property in a manner which
conforms to a just and right standard, with due regard to the rights of each party. It is the intent
of the parties that such division shall be final and shall forever determine their respective rights.
The division of existing marital property is not intended by the parties to constitute in any way a
sale or exchange of assets.
3.
Further, the parties agree to continue living separately and apart from the other at any
place or places that he or she may select as they have heretofore been doing. Neither party shall
molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever.
Each party may carry on and engage in any employment, profession, business or other activity as
he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere
with the uses, ownership, enjoyment or disposition of any property now owned and not specified
herein or property hereafter acquired by the other.
4.
The consideration for this contract and agreement is the mutual benefit to be obtained by
both of the parties hereto and the covenants and agreements of each of the parties to the other.
The adequacy of the consideration for all agreements herein contained is stipulated, confessed,
and admitted by the parties, and the parties intend to be legally bound hereby.
Each party to the Agreement acknowledges and declares that he or she,
respectively:
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(1) Is represented by counsel of his or her own choosing, or if not represented by
counsel, understands that he or she has the right to counsel: HUSBAND is
represented by Harold S. Irwin, III, Esquire; WIFE is represented by Douglas G.
Miller, Esquire ofIrwin, McKnight & Hughes;
(2) Is fully and completely informed of the facts relating to the subject matter of
this Agreement and of the rights and liabilities of the parties;
(3) Is entering into this Agreement voluntarily after receiving the advice of
counselor after choosing not to consult an attorney;
(4) Has given careful and mature thought to the making of this Agreement;
(5) Has carefully read each provision of this Agreement; and
(6) Fully and completely understands each provision of this Agreement, both as
to the subject matter and legal effect of each provision.
This Agreement shall become effective immediately as of the date of execution.
5.
It is the purpose and intent of this Agreement to settle forever and completely the interest
and obligations of the parties in all property that they own separately, and all property that would
qualifY as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and
that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and
assigns. The parties have attempted to divide their Marital Property in a manner that conforms to
a just and fair standard, with due regard to the rights of each party. The division of existing
Marital Property is not intended by the parties to constitute in any way a sale or exchange of
assets, and the division is being effected without the introduction of outside funds or other
property not constituting a part of the marital estate.
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It is the further purpose of this Agreement to settle forever and completely any obligation
under the Pennsylvania Divorce Code relating to spousal support or alimony.
6.
Each party represents and warrants that he or she has made a full and fair disclosure to the
other of all of his or her property interests of any nature, including any mortgage, pledge, lien,
charge, security interest, encumbrance, or restriction to which any property is subject. Each
party further represents that he or she has made a full and fair disclosure of all debts and
obligations of any nature for which he or she is currently liable or may become liable. Each
further represents and warrants that he or she has not made any gifts or transfers for inadequate
consideration of Marital Property without the prior consent ofthe other.
Each Party acknowledges that, to the extent desired, he or she has had access to all joint
and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during
marrIage.
7.
REAL ESTATE: WIFE agrees to transfer all right, title and interest which she may
have in that marital property located at 484 North Mountain Road, Newville, Cumberland
County, Pennsylvania, 17241 and any improvements thereon to HUSBAND and releases all
claims which she may have regarding said real estate in accordance with this paragraph.
HUSBAND agrees to pay any outstanding payments on any mortgages on said property, as well
as all real estate taxes, insurance, and any maintenance and repair costs, and hold WIFE
harmless from any obligations on said payments and indemnifY her if any claim is made against
her. HUSBAND further agrees to pay WIFE the sum of Forty-Two Thousand Three Hundred
Ninety-Six and 08/100 ($42,396.08) Dollars upon refmance of the property by HUSBAND,
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which shall occur on or before November 30, 2001. Of the above-mentioned sum, Twenty-Nine
Thousand One Hundred Twenty-Five and no/lOO ($29,125.00) Dollars represents WIFE'S
marital interest in the marital residence and the remainder of said sum represents her marital
interest in the assets referenced below and in Paragraphs Twelve and Thirteen herein. In
furtherance of the transfer of all right, title and interest in said real estate, WIFE hereby agrees to
execute a Deed conveying her interest in the property to HUSBAND which shall remain in
escrow with her legal counsel's office until HUSBAND refmances the property and tenders
payment to WIFE as outlined above. If HUSBAND should fail to refinance the property and
tender payment to WIFE, the marital property is to be immediately listed for sale and the
proceeds from said sale are to be applied toward the Forty-Two Thousand Three Hundred
Ninety-Six and 08/100 ($42,396.08) Dollars owed to WIFE.
WIFE agrees to transfer all right, title and interest which she may have in that marital
property located at , California, and any
improvements thereon to HUSBAND, and releases all claims which she may have regarding said
real estate in accordance with this paragraph. HUSBAND agrees to pay any outstanding
payments on any mortgages on said property, as well as all real estate taxes, insurance, and any
maintenance and repair costs, and hold WIFE hannless from any obligations on said payments
and indemnify her if any claim is made against her. Of the above-mentioned payment to WIFE,
Seven Thousand and no/IOO ($7,000.00) Dollars represents WIFE'S marital interest in the
property. In furtherance of the transfer of all right, title and interest in said real estate, WIFE
hereby agrees to execute a Deed to be prepared by HUSBAND'S legal counsel conveying
WIFE'S interest in the property to HUSBAND which shall remain in escrow with her legal
counsel's office until HUSBAND refinances the property and tenders payment to WIFE as
outlined above. If HUSBAND should fail to refmance the property and tender payment to
WIFE, the marital property is to be immediately listed for sale and the proceeds from said sale
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are to be applied toward the Forty-Two Thousand Three Hundred Ninety-Six and 08/100
($42,396.08) Dollars owed to WIFE.
8.
SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to
pay spousal support, alimony, alimony pendente lite, or any other financial support to WIFE,
and that WIFE will not be required to pay spousal support, alimony, alimony pendente lite, or
any other financial support to HUSBAND. The parties thereby waive any rights they have to
receive spousal support, alimony or alimony pendente lite payments from the other either prior to
or following the entry of the Divorce Decree in this matter.
9.
PERSONAL PROPERTY: The parties agree that the personal property has been
divided to the parties' mutual satisfaction. WIFE hereby waives all right, title and interest which
she may have in any personal property of the HUSBAND. HUSBAND likewise waives any
right, title and interest which he has in the personal property of WIFE. Henceforth, each of the
parties shall own, have and enjoy independently of any claim or right of the other party, all items
of personal property of every kind, nature and description and wherever situated, which are then
owned or held by or which may hereafter belong to HUSBAND or WIFE with full power to
HUSBAND or WIFE to dispose of the same as fully and effectually, in all respects and for all
purposes as if he or she were unmarried.
10.
AUTOMOBILES: WIFE hereby waives all right, title and interest in any vehicle that
HUSBAND currently owns or may own in the future, and agrees to execute all documents
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necessary to transfer title of any jointly titled vehicles that HUSBAND may own within thirty
(30) days of this Agreement. HUSBAND shall hold WIFE harmless for any and all liability
associated with the use and purchase of any vehicle he may own, and shall be solely responsible
for all insurance and other financial responsibility associated with said vehicle. HUSBAND
hereby waives all right, title and interest in any vehicle that WIFE currently owns or may own in
the future. HUSBAND hereby waives all right, title and interest in any vehicle that WIFE
currently owns or may own in the future, and agrees to execute all documents necessary to
transfer title of any jointly titled vehicles that WIFE may own within thirty (30) days of this
Agreement. WIFE shall hold HUSBAND harmless for any and all liability associated with the
use and purchase of any vehicle she may own, and shall be solely responsible for all insurance
and other fmancial responsibility associated with said vehicle.
II.
MARITAL DEBTS: It is further mutually agreed by and between the parties that WIFE
shall assume all liability for and pay and indemnify the HUSBAND against all debts incurred by
WIFE after the date of separation. WIFE represents and warrants to HUSBAND that since the
parties' marital separation she has not contracted or incurred any debt or liability for which
HUSBAND or his estate might be responsible and WIFE further represents and warrants to
HUSBAND that she will not contract or incur any debt or liability after the execution of this
Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify
and save HUSBAND harmless from any and all claims or demands made against him by reason
of debts or obligations incurred by her.
HUSBAND shall assume all liability for and pay and indemnify the WIFE
against all debts incurred by HUSBAND after the date of separation. HUSBAND represents and
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warrants to WIFE that since the parties' marital separation he has not contracted or incurred any
debt or liability for which WIFE or her estate might be responsible and HUSBAND further
represents and warrants to WIFE that he will not contract or incur any debt or liability after the
execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND
shall indemnify and save WIFE harmless from any and all claims or demands made against her
by reason of debts or obligations incurred by him.
12.
INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life
insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including
but not limited to retirement, profit sharing or medical benefits of either party, shall be their own.
Not withstanding the above, HUSBAND agrees to pay one-half of the cash value of the AmerUs
Life Insurance policy as of the date of separation to WIFE, which one-half value is Four
Thousand Six Hundred Forty-One and 78/100 ($4,641.78) Dollars and which value shall be paid
to WIFE in accordance with Paragraph Seven hereof.
13.
BENEFITS. STOCK AND BANK ACCOUNTS: HUSBAND agrees to pay to WIFE
the sum of Two Hundred Sixty and no/lOO ($260.00) Dollars, which amount represents one-half
of the proceeds from the sale of shares of AmerUs stock. HUSBAND further agrees to pay to
WIFE the sum of Five Hundred Sixty-Eight and 59/100 ($568.59) Dollars, which amount
represents one-half of the Allfirst Bank account balance at the time of separation, and the sum of
Eight Hundred and 71/100 ($800.71) Dollars, which amount represents one-half of the
Commerce Bank account balance at the time of separation. Said sums shall be paid to WIFE in
accordance with Paragraph Seven hereof. Except as provided above, WIFE agrees to waive all
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right, title and interest which she may have in the savings or checking or any other bank accounts
of HUSBAND and likewise HUSBAND agrees to waive all right, title and interest which he
may have in the savings or checking or any other bank accounts of WIFE. The parties further
agree to close or transfer the joint bank accounts listed above upon payment to WIFE as
provided for in accordance with Paragraph Seven hereof.
14.
DIVORCE: The parties both agree to cooperate with each other in obtaining a final
divorce of the marriage. It is agreed that the parties will execute and file the consents necessary
to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all
the costs and legal fees of the party who is seeking the divorce.
15.
BREACH: If either party breaches any provisions of this Agreement, the other party
shaH have the right, at his or her election, to sue for damages for such breach or seek such other
remedies or relief as may be available to him or her, and the party breaching this contract shall be
responsible for payment of legal fees and costs incurred by the other in enforcing their rights
under this Agreement.
16.
ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the other party any and all further
instruments that may be reasonably required to give full force and effect to the provisions of this
Agreement.
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17.
VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective counsel, are fully understood by both
parties, and each party acknowledges that the Agreement is fair and equitable, that it is being
entered into voluntarily, and that it is not the result of any duress or undue influence. It is the
parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall
continue to have independent contractual significance. Each party maintains his or her
contractual remedies or any other remedies provided by law or statute. Those remedies shall
include, but not be limited to, damages resulting from breach of this Agreement, specific
enforcement of this Agreement and remedies pertaining to failure to comply with an order of
court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel
fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in
effect and as amended or hereafter enacted.
18.
ENTIRE AGREEMENT: This Agreement contains the entire understanding of the
parties and there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
19.
APPLICABLE LAW; This Agreement shall be construed under the Laws of the
Commonwealth of Pennsylvania.
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20.
PRIOR AGREEMENTS: It is understood and agreed that any and all property
settlement agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
21.
PAYMENT OF COSTS: Each party shall be responsible for their own attorneys fees
and costs incurred in the settlement ofthe divorce and economic issues surrounding this divorce.
22.
WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided,
each party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she may now have or hereafter acquire, under the present or
future laws of any jurisdiction, to share in the property or the estate of the other as a result of the
marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the Will of the other, and right to act as
administrator or executor of the other's estate, and each will, 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 interests, rights and claims.
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IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
WITNESSES:
~~, ,rJ;KJa~
pfu-ono -<Y- ~L?h)(SEAL)
DO NE G. ELLIS
:i;t:. iLfl ~ (SEAL)
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
: ~
PERSONALLY APPEARED BEFORE ME, this f}!!!.. day of ~~ ,
2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, DORENE G. ELLIS, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
she executed the same for the purposes therein contained,
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notarial Seal
Jacgueline L. Drawbaugh, Notary Public
Carlisle Bora, Cumberland County
My Commission Expires Aug. 14, 2003
MllmbGf, PennsylVania Association ct Notaries
12
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COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, this ~ day of /tJbvb<-~ ,
2001, a Notary Public, in and for the Commonwealth of Pennsylvania and County of
Cumberland, WAYNE M. ELLIS, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my and and official seal.
Notarial StC]1
Hamil'! S, liwin !iI, Nc:'-:l.ry Public
Carlisl8 Bmr;, {>.r:,oCl'!add CQunty
My Co;nr.l:S-:';L'r~ 2002
Member~ Pennsyivanfa f.\ssoc!allon ot NO':aries
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DORENE G. ELLIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLANDCOUNTY,PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6512 CIVIL TERM
WAYNE M. ELLIS,
Defendant
IN DIVORCE
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) 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, Wayne M. Ellis, on October 2, 2000, by certified, restricted delivery mail, addressed to him at 484
North Mountain Road, Newville, Pennsylvania 17241, with Return Receipt Number 7099340000184997 1391.
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce
Code: by plaintiff: November 2, 200 I; by defendant: November 6, 2001.
(b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
(b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant:
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 plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: November 14, 2001.
Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: November 14, 2001.
G. LER, ESQUIRE
for Plaintiff
~ .
H105.157 REV. 5-97
COMMONWEALTH OF PENNSYlVANIA
DEPARTMENT OF HEALTH
VITAL RECORDS
RECORD OF
OR ANNULMENT
(CHECK ONE) 0
COUNTY
DIVORCE
[f]
Cumberland
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. ~~:
STATE FilE NUMBER
STATE FILE DATE
HUSBAND
2. DATE
OF
BIRTH
4. PLACE
OF
BIRTH
7. USUAL OCcuPATION
Minister - Word Fellowship
OTHER (Specify)
[] Secretary - IBM (Carlisle)
(State ~ Foreign Country) 16. DATE OF (Month)
THIS
MARRIAGE 08
9. DECREE GRANTED TO
HUSBAND
[]
1. NAME (First) (Middle)
Wayne M.
3. RESIDENCE Street or R.D. City, Bora. or Twp.
484 North Mountain Road, Newville,
5. NUMBER 6. RACE
OF THIS WHITE
MARRIAGE 1 x
(Last)
Ellis
CfJunty State
Cumberland, PA
OTHER (Specify)
[]
WIFE
8. MAIDEN NAME
West
10. RESIDENCE
(F'...,)
Dorene
Street or R.D.
(Middle)
G.
(Last)
Ellis
9. DATE
OF
BIRTH
1. PLACE
OF
BIRTH
14. USUAL OCCUPATION
City, Bora. or Twp.
Boiling Springs,
3. RACE
WHITe
x
County State
Cumberland, PA
210 Hilltop Road,
12. NUMBER
OF THIS
MARRIAGE
15, PLACE OF
THIS
MARRIAGE
17A. NUMBER OF
CHILDREN THIS
MARRIAGE
2
BLACK
[]
(CDunty)
20, NUMBER OF
CHILDREN TO
CUSTODY OF
22. DATE OF DECREE
21. LEGAL GROUNDS FOR
DIVORCE OR ANNULMENT
California
B, PLAINTIFF
HUSBAND
[]
WIFE
[XI
OTHER (Specify)
[] N/A
OTHER (Specify)
[]
WIFE
[]
[]
[]
(Month)
(Day)
23. DATE REPORT SENT
TO VITAL RECpRDS
(Year)
(Month)
24. SIGNATURE OF
TRANSCRIBING CLERK
(Month) (Day)
09 13
(State or Faraig11 Country)
Massachusetts
(Year)
45
(Month)
02
(Day)
06
(Year)
44
(State or Foreign Country)
California
(Day)
08
(Year)
70
WIFE
00
OTHER (Specify)
[]
Section
(Day)
3301(c)
(Year)
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DORENE G. ELLIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6512 CIVIL TERM
WAYNE M. ELLIS,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO P A, R.C,P. RULE NO. 1920,4 (a)(1)(O
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
NOW, Douglas G. Miller, Esquire, being duly sworn according to law, does depose and
state:
1. 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,
Wayne M. Ellis, on October 2, 2000, by certified, restricted delivery mail, addressed to him at
484 North Mountain Road, Newville, Pennsylvania 17241, with Return Receipt Number 7099
340000184997 1391.
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 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.
?jl~ Ii !JU/PA.
DO GL S G, Mn ,LER, ESQUIRE
Attorney for Plaintiff
Date: November~, 2001
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Postmark
Return Receipt Fee Here
(Endorsement Required)
Restricted Delivery Fee
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Total Postage & Fees $
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[I"'"' Street, Apt. No.; or PO Box No.
IT"' 484 NORTH MOUlITAIN ROAD
Cl -City,-stati,-z(p:i-"Tn---m-n-nm--'-n--n----'--u---m _mum_u_'_____________u
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. Complete item~ 1, 2, and 3. Also complete
item 4,f 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:
o Agent
dressee
D. Is delivery a ress different from iteri11? 0 Yes
If YES, enter delivery address below: ~o
lenver to addressee onl)
AYNE MELLIS
84 NORTH MOUNTAIN ROAD
EWVILLE PA 17241
3. Service Type
II. Certified Mail
.0 Registered
o Insured Mail
o Express Mail
QEj Return- Receipt for Merchandise
OC.O.o.
, Restricted Delivery? (Extra Fee
!l!I Yes
2. Article Number (Copy from service labeQ
7099 1(00,0, OA~3 49,97 \;l91 . . . .
PS fonn ~8f1 ,'JUlY 1999 ' . " .. Domestic Return Receipt
102595-99-M-1789
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DORENE G. ELLIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6512 CIVIL TERM
WAYNE M. ELLIS,
Defendant
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
September 26, 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: November~
,2001
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DORENE G. ELLIS
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DORENE G. ELLIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6512 CML TERM
WAYNE M. ELLIS,
Defendant
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: November.t< ,2001
~../-'D ~ ~-d j
, DORENE G. ELLIS
Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6512 CIVIL TERM
WAYNE M. ELLIS,
Defendant
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on
September 26, 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! 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: November~, 2001
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6512 CIVIL TERM
WAYNE M. ELLIS,
Defendant
IN DIVORCE
W AlYER 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! 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: November -'-,2001
~~~~
/ A~EM, LLIS
Defendant
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DORENE G, ELLIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
:
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6512 CIVIL TERM
WAYNE M. ELLIS,
Defendant
IN DIVORCE
DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT
The defendant, being du1y sworn according to law, deposes and says:
1. 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.
Date: November ~, 2001
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SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBER
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE
DATE: November 14, 2001
DOCKET NUMBER: 2000-6512 CIVIL TERM
PLAINTIFF~SS# 568-62-6925
NAME: DORENE G. ELLIS
DEFENDANT~ SS # 025-34-1056
NAME: WAYNE M. ELLIS
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DORENE G. ELLIS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6512 CIVIL TERM
WAYNE M. ELLIS,
Defendant.
IN DIVORCE
ORDER
,
AND NOW, this ~ day of j/J,-, 2001, upon consideration of Plaintiff's Motion for
Sanctions Against Defendant for Defendant's Failure to Answer Plaintiff's Interrogatories to
Defendant, it is hereby ORDERED that the motion is granted and Defendant, WAYNE M.
..r'V\l'''':''' '1
ELLIS, shall answer Plaintiff's interrogatories within Z. 0 days of the date o~this order or
appropriate sanctions will be imposed upon further application to the Court.
By the Court:
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DORENE G. ELLIS,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000-6512 CIVIL TERM
WAYNE M, ELLIS,
Defendant.
IN DIVORCE
PLAINTIFF'S MOTION FOR SANCTIONS AGAINST
DEFENDANT FOR DEFENDANT'S FAILURE TO ANSWER
PLAINTIFF'S INTERROGATORES TO DEFENDANT
AND NOW, this Jtctay Of~, 2001, comes the Plaintiff, DORENE G. ELLIS, by
and through her attorneys, Irwin, McKnight & Hughes, and hereby moves this Court to enter an
lJ
order pursuant to Pa. R.C.P. 4019(a)(1)(i) directing Defendant, WAYNE M. ELLIS, to serve full
and complete answers to Plaintiff s interrogatories propounded to Defendant or suffer sanctions,
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and in support thereof avers as follows;
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I. Plaintiff instituted a divorce action by Complaint on or about September 26, 2000.
2. On or about February 28, 2001, Plaintiff served a set of interrogatories upon
counsel for Defendant. A copy of Plaintiffs Interrogatories to Defendant and Plaintiffs
transmittal letter of February 28,2001, are attached hereto and labeled as Exhibit "A."
3. Pursuant to Pa. R.C.P. 4006(a)(2), Defendant's answers and objections, if any, to
the interrogatories were due on or before March 28, 2001.
4. A period of over three (3) months, which is well over the thirty (30) day time
period in which to answer, has elapsed since the interrogatories were served upon counsel for
Defendant.
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5. By letter dated Apri130, 2001, counsel for Defendant was notified, by counsel for
Plaintiff that Defendant needed to respond to the said Interrogatories. A copy of Plaintiff s letter
dated April 30, 2001, is attached hereto and labeled as Exhibit "B."
6. By letter dated July 3, 2001, counsel for Defendant again was notified, by counsel
for Plaintiff that Defendant's responses to the said interrogatories were overdue, and that a
motion would be filed if answers were not transmitted within five (5) days. A copy of Plaintiffs
letter dated July 3, 2001, is attached hereto and labeled as Exhibit "C."
7. Counsel for Defendant did not respond in any way to Plaintiffs numerous
requests for answers to the Interrogatories.
8. For the foregoing reasons, Plaintiff believes and avers that Defendant will not
answer Plaintiffs interrogatories absent a Court Order pursuant to Pa. R.C.P. 4019(a)(1 )(i).
WHEREFORE, Plaintiff requests that the Court enter an Order directing Defendant to
file full and complete answers to Plaintiff s Interrogatories to Defendant or suffer appropriate
sanctions to be imposed upon further application to the Court.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
Date; July /)., 2001
. Mille , Esquire
Supreme ourt J.D. # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, P A 17013-3222
(717) 249-2353
Attorney for Plaintiff,
Dorene G. Ellis
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LAW OFFICES
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IRWIN McKNIGHT & HUGHES
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ROGER B. IRWIN
MARCUS A. McKNIGHT. /II
J,JMES D, HUGHES
REBECCA R. HUGHES
MARK D. SCHWARTZ
DOUGLAS G. MILLER
WEST POMFRET PROFESSIONAL BUILDING
60 WEST POMFRET STREET
CARLISLE. PENNSYLVANIA 770/3-3222
(717) 249-2353
FAX 177 71249-6354
E-MAIL: fMHLAW@SUPERNET.COM
HAROLDS.IRWI,V (/925./IJ77j
HAROLDS.IRW1.Y,JR. (I95./-J9P'(j)
IRWIN. IRWIN & IRWIN (1956-/YfUi)
, JRWI.\'. IRWIN & McKNIGHT (J9H6-/99./)
IRnl\', McK1v/GHT & HUGHES (/994- )
February 28, 2001
HAROLD S. IRWIN, III
RITNER HOUSE, SUITES 201 and 202
35 EAST HIGH STREET
CARLISLE, P A 17013
FILt COPy
RE: ELLIS v. ELLIS
No. 2000 - 6512, In Divorce
Dear Hal:
Enclosed please find one (I) original of Plaintiffs Interrogatories Addressed to
Defendant and Plaintiff's Request for Production of Documents by Defendant in the above-
referenced action.
In addition, my client will require the car registration paperwork for the vehicle in her
possession, particularly with regard to the renewal application that will be addressed to your
client.
Please provide responses to the enclosed at your earliest convenience. As always, please
contact me in the event you have any questions.
Very truly yours,
IRWIN, McKNIGHT & HUGHES
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cc: Dorene G. Ellis
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DORENE G. ELLIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
2000 - 6512 CIVIL TERM
WAYNE M. ELLIS,
Defendant
IN DIVORCE
INTERROGATORIES OF PLAINTIFF
ADDRESSED TO DEFENDANT
TO: Wayne M. Ellis, Defendant c/o
Harold S. Irwin, III, Esquire
Hitner House, Suites 201 and 202
35 East High Street
Carlisle, P A 17013
YOU ARE HEREBY NOTIFIED that pursuant to Pa R. Civ. P. 4005 and 4006, YOU
ARE REQUIRED TO ANSWER THESE INTERROGATORIES within thirty (30) days.
These Interrogatories shall be deemed to be continuing Interrogatories, and you are under a
continuing obligation to update your Answers. The Answers must be signed by the person
making them, and the objections must be signed by the attorney making them. The Answers
shall be inserted in the space provided. If there is insufficient space to answer an Interrogatory
the remainder of the Answer shall follow on a supplemental sheet. Each Interrogatory is
intended to require a complete disclosure of all information and evidence presently in
Defendant's possession that pertains to such Interrogatory. The person(s) responsible for
answering such Interrogatory must be identified along with their titles and addresses. Each
person answering an Interrogatory must separately verify that they have answered the
Interrogatory truthfully to the best of their knowledge and belief.
IRWIN, McKNIGHT & HUGHES
Date: February 28,2001
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Supreme Court J.D. # 83776
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013-3222
(717) 249-2353
Attorney for Plaintiff
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DEFINITIONS
Unless negated by the context of the Interrogatory, the following definitions are to be
considered to be applicable to all Interrogatories contained herein:
1. "You" or "yours" means the Defendant and/or all corporations, partnerships or
sole proprietorships that Defendant owns or in which he/she has a controlling interest, and any
employee, agent servant or independent contractor of Defendant.
2. "Defendant" unless otherwise specified, shall mean the Defendant answering the
Interrogatories.
3. "Identify" or "identify" when used with reference to a document, shall mean to:
(a) state the date; (b) identify the author (and, if different, the originator, and/or signers); (c)
identify the addressees (and, if different, the recipients); (d) state the present (or last known)
locations of the original and all copies and identify all custodians; and, (e) state whether Plaintiff,
or anyone acting on Plaintiffs behalf, is in possession of the original or a copy of the document
all with sufficient particularity to satisfy the requirements for its inclusion in a request for
inspection and copying pursuant to Pa. R. Civ. P. 4009.
4. "Identify" or "identify" when used with reference to an oral statement,
representation or conversation shall mean to: (a) identify the person making each statement, the
person to whom each statement was made, and all other persons present at the time of each
statement; (b) state the place where such statement or conversation was held; or (c) if by
,
telephone, identify the person making the call and state the places where the persons
participating in the call were located; and, (d) describe in detail the substance of each statement
or conversation.
5. "Identify" or "identify" when used with reference to a person shall mean to state
the: (a) full name; (b) title; (c) current pos'ition and business affiliation; (d) the person whom
he/she was representing or acting for; ( e) current business address (or last known, with indication
of the date of the last knowledge); and, (f) current address of residence (or last known, with
indication of the date of the last knowledge).
6. "Document" means any written, printed, recorded or other graphic matter,
whether produced, reproduced or stored on paper, cards, tapes, film, electronic facsimile,
computer storage devices or any other medium and includes, but is not limited to originals, every
copy with any note or change thereon, drafts, every other date compilation from which this
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information can be obtained, and the information necessary to translate the compiled data into
usable form.
7. "Person" or "individual" means a natural person, a partnership, a corporation, an
unincorporated association, a government (or agency thereof), a quasi-public entity, or other
form of entity.
8. "Location" means the address and the separate office, room or other specific
designation, if any is possible.
9. "Describe," and/or "state" and/or "list" shall mean to set forth fully and
unambiguously every fact relevant to the Answer called for by the Interrogatory of which
Defendant or its agents, employees or representatives have knowledge.
10. "Date" means the exact day, month and year if ascertainable, or if not, the best
approximation including relationship to other events.
11. No answer is to be left blank. If the answer to an interrogatory or subparagraph of
an interrogatory is "none" or "unknown," such statement must be written in the answer. If the
question is inapplicable, ''NI A" must be written in the answer. If an answer is omitted because of
the claim of privilege, the basis of privilege is to be stated.
12. These interrogatories are continuing, and any information secured subsequent to
the filing of your answers which would have been includable in the answers had it been known
or available, are to be supplied by supplemental answers.
13. If additional space is required for an answer, attach a supplemental answer sheet
that clearly identifies the interrogatory number or numbers.
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INTERROGATORIES
I.
State your full name, age with date of birth, residence and post office address, home
telephone number, social security number and present military status.
ANSWER:
2.
State your educational background since graduation from high school. Include all
educational institutions attended, dates of attendance, and degrees or certificates obtained.
ANSWER:
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3.
If you are living separate and apart from your spouse, please state what you consider to be
the date of separation and why you consider that to be the date of separation.
ANSWER:
4.
With reference to any previous marriage by you, identify fully:
a. The date and place of marriage.
b. The name of prior spouse.
c. The names, ages, date of birth and addresses of any children, including name of
custodial parent for any dependent children.
d. The date, place, and reason or cause of termination or dissolution of marriage.
ANSWER:
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5.
ldentify any physical, mental or emotiopal disability that you believe impairs your
earning capacity.
ANSWER:
6.
Identify the names, addresses and telephone numbers of any of your employers for the
past three (3) years, and further identify the date you commenced and completed your
employment, your job title or position, and the hours and rate of payor earnings, setting forth
particularly your gross average weekly salary, wages, commissions and overtime pay. Include
bonuses, gratuities, expense and drawing accounts and allowances for transportation and other
accommodations and expenses. If there is a contract of employment, state the terms thereof or, if
in writing, attach a copy hereto.
ANSWER:
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7.
A. Are you self-employed or do you conduct a business or a profession as a sole proprietor,
partner, or corporation?
ANSWER:
B. If your Answer is in the affirmative, identity fully:
a. The nature of the business thereof.
b. The name, address, and telephone number of the business thereof.
ANSWER:
C. If your Answer is a partnership, list the names and addresses of all partners and the extent
of their interest therein.
ANSWER:
D. If your Answer is a corporation, list the names and addresses of all directors, officers and
shareholders, the extent of their shareholdings and the relationship to you of all partners,
shareholders, directors and officers.
ANSWER:
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8.
With reference to the enterprises set forth in question #7, identify where the books and
records thereof are kept, the name and address of the person in whose charge they are and the
name and address of any accountants and auditors whose services are used.
ANSWER:
9.
With reference to the enterprises set forth in question #7, identify the following:
a. Your percentage interest in said enterprise including the date you acquired your
initial interest and any subsequent interest.
b. The date and amount of any contributions made by you to said enterprise within
the last three (3) years
c. Whether you have sold, gifted or otherwise disposed of all or part of your interest
stating the date, percentage of interest involved, and the terms of sale or other
disposition.
d. Any loans made by you to the enterprise or by the enterprise to you, or any
redemptions, dividends, or return of contributions within the past three (3) years.
ANSWER:
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10.
A. Identify fully:
a. Your average weekly take home pay.
b. The itemized deductions taken from your gross earnings or other pay, including
but not limited to taxes, insurance, FICA, savings, and loans.
ANSWER:
B. As to each of your Federal income tax returns for the last three (3) years, attach copies of
the returns hereto and identify fully:
a. The gross income and source thereof.
b. The net taxable income.
ANswER:
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11.
A. Is there a wage execution or order to payout of income earnings?
ANSWER:
B. If your Answer is in the affIrmative, identifY how much is taken from your earnings each
week, for whose benefit and what is the balance due.
ANSWER:
12.
Itemize all current income benefits or interests in any qualified or unqualified deferred
compensation arrangement or retirement program, such as, but not limited to IRAs, Keogh Plans,
401 (K) Plans, pensions, annuities, retirement plans, profit sharing plan, stock bonus plan, stock
option plan, or thrift plan identifYing the name, source, type and amount of each, including any
amount you may currently be receiving from said interest.
ANSWER:
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13.
If you own or have any interest in an automobile, truck, camper, mobile home,
motorcycle, boat, airplane or vehicle of any nature, identify each item and your interest therein,
stating the make, model, year, price paid therefor, its present value, current mileage, location and
the name and address of any co-owners.
ANSWER:
14.
Identify the nature of any lien or security interest to which any of the items listed by you
in the Answer to the preceding question are subject, identifying the name and address of the
holder thereof, the holder's relationship to you, the amount and frequency of payments you make
thereon, the balance due, and whether you are current in making said payments.
ANSWER:
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Itemize all bank and savings and loan association accounts, time deposits, certificates of
deposit, treasury notes, savings dubs and checking accounts in your name or in which you have
an interest, showing the name and address of each depository, the present balance therein, the
name and address in which each is registered and the present location and custodian of the
deposit books or certificates. Identify all bank accounts and give account numbers.
ANSWER:
16.
Identify whether you own any household goods, furniture, jewelry, antiques, art work,
furs collections, or other items of value exceeding $500.00, setting forth for each item a
description, the date of acquisition, purchase price or value at acquisition if not purchased, your
opinion as to the fair market value, and present location.
ANSWER:
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17.
Itemize all shares of stock, securities, bonds, mutual funds, municipal bonds, money
market funds, gold funds and other investments, other than real estate, in your name or in which
you have an interest, showing where and in whose name they are registered, the identity of each
item, its market value, the amount of dividends or other income paid by each, and the present
location and custodian of all certificates or evidence of such investments.
ANSWER:
18.
A. During the last three (3) years have you sold, transferred or otherwise disposed of any
items referred to or identified in response to questions 13 through 17, or any interest therein, to
other than your spouse?
ANSWER:
B. If your Answer is in the affirmative, identify fully:
a. Which items were sold, transferred or otherwise disposed of.
b. To whom each item was sold, transferred or otherwise disposed of.
c. The dates of the transaction and the consideration received for each.
ANSWER:
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19.
As to all real estate which you own or in which you have an interest, identify fully:
a. The location, type of property and deed references.
b. The date of purchase and price paid.
c. The name and address of all co-owners and the amount of their interest.
d. The name and amount of mortgages thereon, the balance due thereon and the
name and address of the mortgagee.
e. If it is income property, the name of all tenants or occupants and the annual rent
paid by each.
f. The itemized operating expenses, including but not limited to taxes, mortgage
payments, insurance, heating fuel, water and other utilities.
ANSWER:
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20.
If you have sold or otherwise disposed of any real estate or interest therein in the past
three (3) years, identifY fully:
a. The location and type of property.
b. The date of sale, selling price and original cost thereof.
c. The name and address of the purchaser.
d. The relationship of the purchaser to you.
e. The disposition of the proceeds of the sale.
ANSWER:
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21.
List all life insurance policies in which you are the insured or beneficiary showing as to
each policy: '
a. The name of the company, the face amount and the policy number.
b. The name of the insured, the beneficiary, and their relationship to you.
c. The annual premiums and who pays them.
d. The present cash surrender value.
ANSWER:
22.
List any and all property or thing of value which you hold in trust for anyone, identifying
the nature of the property and its location and custodian, the present value and original cost of
each, the name and address of the person for whose benefit you are holding the same and that
person's relationship to you, the conditions or terms of the trust and how such property was
acquired and who paid the consideration.
ANSWER:
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23.
Itemize your average monthly living expenses in detail, including, but not limited to: rent,
clothing, food, utilities, telephone, transportation and car, medical and dental expenses, insurance
of any nature, mortgage and other loan payments not identified in a previous answer, taxes and
other regular personal items of any nature.
ANSWER:
24.
If you contribute to anyone's support or welfare, identify fully the name and address of
those whom you support, their relationship to you, the amount and frequency of the support
payments, whether the payments are voluntary or by Court order and the name address of the
Court and every attorney involved.
ANSWER:
17
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25.
If you are presently unemployed, either permanently or temporarily, identifY fully:
a. The commencement date of your unemployment.
b. The reason therefor and the date when you expect to return to employment.
c. The name and address of your last employer.
d. The amount of sick pay, workmen's compensation awards, disability,
unemployment or insurance benefits.
e. The amount of any other judgments or settlements resulting from any claim by
you for injuries causing your unemployment.
ANSWER:
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26.
Identify what counsel fees and costs you have paid or have agreed to pay for services
rendered in this action.
ANSWER:
27.
IdentifY any credit cards maintained for your use and for each card state the name of the
issuer, card number, to whom the card is issued, the name and address of each person who may
use the card, and the present balance of the account for each card. Attach a copy hereto of any
statements you have received for each credit card for the last twelve (12) months.
ANSWER:
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28.
Identify any and all outstanding debts which you are obligated to pay, having a balance in
excess of $300.00 for each debt, including loans to relatives, stating the original amount of said
loan, to whom it is owed, any and all payments made within the last twelve (12) months, and the
remaining balance of each loan. If in writing, attach a copy hereto of any such debt obligation.
ANSWER:
29.
Identify whether you have during the past three (3) years made any gift to any person
other than your spouse, in cash or in kind, having a value of Five Hundred and nolI 00 ($500.00)
Dollars or greater, and the person to whom the gift was made.
ANSWER:
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30.
Identify any financial statement or loan application with any lending or credit institution
that you have filed within the last five (5) years, stating the name of the lending or credit
institution, and the amount, term or terms and purposes of each loan. Attach a copy hereto of any
such financial statements or loan applications.
ANSWER:
31.
Identify any interest in any property (real or personal), contract, right, patent, chose in
action, or expectancy of any kind, including an interest or right titled or held in the name of
another, not previously identified in your answers to any preceding interrogatories, stating the
identity of the interest, the date it was acquired by you, the value at acquisition, and the present
value and how determined.
ANSWER:
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32.
Identify all income benefits or other interests currently being received or received within
the last two (2) years that have not been previously identified in your answers to any preceding
interrogatories, including but limited to inheritances, trusts, social security benefits, lottery
prizes, awards, gambling activities, bank interest dividends or similar interests, identifying the
source, dates received, amount, and frequency of each benefit or interest.
A.l\ISWER:
33.
Please indicate whether you are the executor, administrator, fiduciary, trustee, or
beneficiary of any estate or trust that was filed or created within the past three (3) years.
A.l\ISWER:
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34.
Identify any accounts at a savings or commercial banking institution, brokerage firm, or
any other type of financial institution, on which your name did not appear but in which you
deposited any funds since the date of your marriage, and designate the account numbers, name of
each financial institution, and name under which each account is listed.
ANSWER:
35.
A. Do you now or have you at any time since the date of marriage, maintained or had access
to one or more safe deposit boxes?
ANSWER:
B. If your Answer is in the affirmative, identify where they are located, in whose name they
are reaistered their contents both at the time opened and at the date of separation and who has
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ANSWER:
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VERIFICATION
I, the undersigned, hereby verify that the statements made herein 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.
Wayne M. Ellis, Defendant
Date:
A true and correct copy of the within Answers was served on
this day of
Harold S. Irwin, III, Esquire
Attorney for Defendant
24
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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. PENNSYL VANIA 17073-3222
(717) 249-2353
FAX (717) 249-6354
E.MAIL: IMHLAW@SUPERNET.COM
HAROLDS./RW1N (1925-/977)
HA.ROLDS./RlJIIN. JR. (1954-/986)
IRWlN, IRWIN & IRWIN (I956-/9Nri)
IRW1N, IRWIN & McKNIGHT (1986-/994)
IRWIN. McKNIGHT & HUGHES (/994- )
April 30, 2001
HAROLD S. IRWIN, III
HITNER HOUSE, SUITES 201 and 202
35 EAST HIGH STREET
CARLISLE, P A 17013
flL( COPy
RE: ELLIS v. ELLIS
No. 2000 - 6512, In Divorce
Dear Hal:
Thank you for your correspondence dated April 11, 2001, that enclosed the signed title to
the vehicle in my client's possession. I have enclosed one (1) original Pennsylvania Vehicle
Sales and Use Tax Return that will also need to be signed by Mr. Ellis where indicated in order
to fmalize the transfer. Please note that Mrs. Ellis has already obtained her own insurance on the
1991 Subaru and therefore your client should be receiving a credit from Erie Insurance.
Secondly, Mrs. Ellis has contacted Joni Lombardi with Jack Gaughen's Colonial Park
Office in order to have her perform an appraisal of the marital residence. I will have her contact
you in order to set a time that is convenient with Mr. Ellis to have access to the property in order
to prepare her appraisal.
Finally, as I indicated in my previous correspondence, there are certain discovery
requests that need to be answered and verified by your client. In an effort to attempt to reduce
the burden on your client, we are currently requesting that the following Interrogatories be
answered: #6, #12, #15, #17-22, #27-29, and #32-34. In addition, please provide copies of
federal income tax returns for the last three (3) years. If all information with regard to a
particular request has already been provided, you may simply indicate that in the Answer.
Once we have resolved the above issues, I believe we will be able to propose terms for a
Marriage Settlement Agreement. Thank you for your continued cooperation, and I look forward
to your prompt reply.
Very truly yours,
IRWIN, McKNIGHT & HUGHES
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DGM:kam
cc: Dorene G. Ellis
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LAW OFFICES
IRWIN McKNICHT & HUGHES
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ROGER B./RWIN
MARCUS A. McKNiGHT. JII
JAMES D. HUGHES
REBECC-l R. HUGHES
MARK D. SCHWARTZ
DOUGLAS O. MILLER
WEST POMFRET PROFESS/ONAL BUILDING
60 WEST POMFRET STREET
CARLISLE. PENNSYLVANIA 17013-3222
/717) 249-2353
FAX (717) 249-6354
E-MAiL: IMHLAW@SUPERNET.COM
HAROLDS.IRWIN (1925-i977)
HAROLDS.IRWIN. JR. (J954-19X6)
IRWIN. IRWIN & IRWIN (/956-19X6j
IRWIN. IRWIN & McKNIGHT (J9H6-1994j
IRWIN. McKNIGHT & HUGHES (1994- )
July 3, 2001
HAROLD S. IRWIN, III
HITNER HOUSE, SUITES 201 and 202
35 EAST HIGH STREET
CARLISLE, PA 17013
FILE COPy
RE: ELLIS v. ELLIS
No. 2000 - 6512, In Divorce
Dear Hal:
I still have not received any response from you with regard to the numerous
correspondence and telephone conversation with regard to the above-referenced matter. My
client has authorized me to file a motion to compel answers to our discovery requests, unless I
receive a response within five (5) days. I will also be seeking reimbursement for our attorney
fees in this regard. My client has been very patient in waiting for answers to our requests and for
the signed Pennsylvania Vehicle Sales and Use Tax Return in order to transfer title of her
vehicle. However, this matter has been delayed long enough.
I have also enclosed one (1) copy of the appraisal performed by Mitch Gelbaugh at
Re/Max Performance Realty wherein he values the marital residence at $60,000.00.
Please contact me in the event you have any questions or concerns with regard to the
above. Otherwise, I will be proceeding as outlined above.
Very truly yours,
IRWIN, McKNIGHT & HUGHES
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Enclosure
cc: Dorene G. Ellis
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