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Home My WebLink About00-06840 .",1 I 1-, ,'!,- , . ;. ~-, ,,- ,~ " . - ~-,H" . . . . . ~ ~~~~~ ~~~~~~~ ~ ~~ ~ ~ ~~~~ ~~ ~ ~ ~ ~ ~ ~ Of. '" ff. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNA. STATE OF . JOY L. NIXON . No. 2000-6840 Plaintiff . VERSUS . . HILARY A. NIXON . Defendant . DECREE IN DIVORCE . . AND NOW, ~u I,-r 17- ~ , 2002 ,IT IS ORDERED AND . . DECREED THAT Joy L. Nixon , PLAINTIFF, . . AND Hilary A. Nixon , 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. All claims resolved by Agreement dated December 2, 2002, the pro- . . . visions of which are incorporated but not merged in this Decree. . . . . . ff. ff.ff. ff.~ ~ ~~ ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~~~~~~ . . . PROTHONOTARY . J. .;",;,- ~ ~ !O?_' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~/ . , . . . . . . . . . . . . , . . . . , , , . , , . . . . . . , , , , , , . . . . . . . , , .' I;;? cJl), {)& /';;.;;;0 '(2) ,7, 7;J ~""",.I!!llIk"" ~~ ~, e~""_~"~~~~~ _'~ ,_ ,"} _. ',,1. M;(~< 'm~-t; ~~~ 7l~ ~ d; 4./'~ - , ~ "' ~ ~"'...,."....,"_~' ,~~~~fWIf/".,,:," "~~=-'''''',",,;,~IWa;!''~ ',- "~" 1" " ,,- I __I ,-- - " ~J" , "'0'<1 JOY L. NIXON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 6840 CIVIL HILARY A. NIXON, Defendant IN DIVORCE ORDER OF COURT AND NOW, this &1"- day of ~ 2002, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on December 2, 2002, the date set for a four-party conference, 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 requesting a divorce under Section 330l(d) of the Domestic Relations Code. BY THE COURT, cc: ,(bawn S. Sunday Attorney for Plaintiff ~ent H. Patterson Attorney for Defendant '1 t1f~~l J~-1o-0d. - TIE :: "- " ~_ ,"',., .m' "., ^'" . . -,' ~"" -~ ,.'~, -- "~-- ,,-'.. " '-'. r\:~-,\,,:r:: -'''. >::~,~"\-n~'RY '..' I ';, ; ~ J 'ol " ' c,", 'I'? I O!: PEr ...S rn . ~~. CUMHC"IC.i,D COUNTY PE~iNSYLVANiA .. ,,' __~~, _ _,__,~,_"~_,,, ___""'~ _,~~^,_",. ~_ < ~ ~,~".l~i~L~I~':~il!~~~. , """,,,,_~,Illi'~~:\W~~~ ~ ,'-",r'" 0' ,I," < .;j ,"';,"i,"-~ ;-' ~ -~,' ",,="L _.~ ,,-,',,- i 'ii"j ~~ , JOY L. NIXON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 - 6840 CIVIL HILARY A. NIXON, Defendant IN DIVORCE THE MASTER: Today is Monday, December 2, 2002. This is the date set for a conference with counsel and the parties. Present in the hearing room are the Plaintiff, Joy L, Nixon, and her counsel Dawn S, Sunday, and the Defendant, Hilary A. Nixon, and his counsel Kent H. Patterson. This action was commenced by the filing of a complaint in divorce on October 5, 2000, raising grounds for divorce of irretrievable breakdown of the marriage. The parties were married on June 2, 1973, and separated April 1, 2000. wife is going to file an affidavit under Section 3301(d) of the Domestic Relations Code averring a separation in excess of two years, Husband has signed a waiver of notice of intention to request entry of divorce decree under Section 3301(d) of the divorce code which will be filed by the Master's office. The divorce can, therefore, proceed immediately under Section 3301(d). On June 20, 2002, wife filed a petition raising economic claims of equitable distribution and counsel fees, costs and expenses. An agreement is going to be placed on the 'I, J 1:-, - ,,~ ".., ~'"-"IIllilI_iI'iH , record. After negotiations this morning, counsel have advised the Master that they have reached a settlement with respect to the outstanding economic claims, 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. Counsel and the parties are going to return later today to review the draft for typographical errors, make any corrections as required and then affix their signatures affirming the terms of settlement as stated on the record. However, it is specifically noted that when the parties leave the hearing room they are bound by the terms of settlement as stated on the record even though there is no subsequent signing affirming the terms of settlement. After receipt of a completed copy of the agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Ms. Sunday, MS. SUNDAY: The parties have reached an agreement to distribute all of the marital assets as follows: 1. Wife agrees to transfer all of her interest in the marital residence at 2811 Fairview Road, Borough of Camp Hill, Cumberland County, Pennsylvania, to husband by deed to be prepared by husband's attorney by December 20, 2002, and upon payment by husband to wife of the lump sum due in the amount --1 --1- I , ~ , ' ~ ;--,:" " ' "'"' "-" as stated in the following provision. 2. Husband shall pay to wife the lump sum amount of $101,587.00 on or before December 20, 2002, representing wife's one-half share of the equity in the marital residence which is $78,500.00 and wife's one-half share of the dividends on the jointly held stocks from the date of the parties' separation to the present date minus the taxes paid by husband or to be paid by husband. Wife's one-half share of the dividends minus taxes is the amount of $23,087.00. 3. Husband shall be responsible to pay all taxes on the jointly held stock dividends, 4. Husband shall be responsible to pay all costs and expenses including taxes on the marital residence. 5. Husband and wife shall transfer all the jointly held stocks to the parties' joint TD Waterhouse account, No, 43803448 on December 3, 2002. Husband and wife shall provide written directions to TD Waterhouse authorizing an equal division of all jointly held stocks into each parties' separate account, with the exception of the Bristol Myers Squibb stock of which 171 shares shall be transferred to wife's separate account and 1935 shares which shall be transferred to husband's sole account. The remainder of the Bristol Myers Squibb stock shares shall be divided equally between the parties. It is understood that the Bristol Myers Squibb stock will also be transferred into the TD Waterhouse; however, when the division is made of the assets in the account, that division will be equal except for the distribution of the Bristol Myers Squibb stock; husband to receive a total of 7028 shares and wife to receive a total of 5264 shares. The parties agree that the other joint shares of stock shall be transferred to the TD Waterhouse account along with the existing joint shares of stock that are already there and that TD Waterhouse will divide the joint shares of stock and money market fund into the parties' separate sole accounts within thirty (30) days of today's date. 6. Husband shall close the Commerce Bank joint checking account by January 31, 2003, and retain the existing balance as his separate property. 7. Each party shall retain his or her own motor vehicle which is currently titled in his or her name. Wife will retain ownership of her 1994 Ford Explorer and husband will retain sole ownership of his 1995 Audi. 8. Wife shall retain all her retirement/pension benefits :1'," '" -"...I ',- ,'Co "-, ' + ,;' ~,~":' ot"'-' ~,- 'k'; _,' or accounts in her sole name as her sole and separate property. Husband releases any and all claims to wife's retirement funds or benefits. Included in the retirement/pension benefits which shall be retained in the sole ownership of wife is the Health Risk Management 401(k) plan, the TD Waterhouse IRA rollover, and the Lincoln Life Annuity 403(b) plan. 9. The parties agree all personal property has been distributed to their mutual satisfaction and each party releases all rights to the personal property in the possession of the other ~s of this date with the exception of wife's miscellaneous personal effects. The parties shall arrange a mutually convenient time for wife to come to the residence to obtain her personal effects. Husband shall retain sole ownership of the fishing boat and his non-marital assets consisting of the canoe, coin collection, 22 caliber rifle, shotguns, stamp collection, and 30.06 caliber rifle. 10. The parties represent that each has made a full and fair disclosure of all assets and debts. 11. Each p~rty agrees to indemnify the other and the property of the other from any and all liabilities or claims associated with the property received by that party under this agreement. 12. The parties agree that wife shall proceed to obtain a divorce decree under Section 3301(d) of the Divorce Code and husband agrees not to oppose entry of the decree. 13. The parties acknowledge that 1117 shares of Bryn Mawr Trust Company stock and 490 shares of Illinois Tool Works stock are in the single name of husband and that these stocks are non-marit~l property. Wife waives any claims that she may have to these stocks 14. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each 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, " ~~, "" " _C-,'<"ii -,^-. " :.::i . and claims. THE MASTER: Mrs. Nixon, you have been present during the statement of the agreement on the record? MRS. NIXON: Yes. THE MASTER: Do you understand the agreement as stated on the record? MRS. NIXON: Yes. THE MASTER: Do you have any questions about it? MRS. NIXON: No, THE MASTER: Are you satisfied to accept this as the agreement resolving all the economic claims between you and your husband? MRS. NIXON: Yes. THE MASTER: And you specifically waive any claims that you have raised in the pleadings for counsel fees, costs, and expenses? MRS. NIXON: Yes. THE MASTER: Mr. Nixon, you've been present during the statement of the agreement on the record? MR. NIXON: Yes. THE MASTER: And do you have any questions about the agreement? MR, NIXON: Yes. I would like to add that at the time that I get the single named deed and paying the lump -' I " -~-~ .,- - '-= -,' ~ ,'"-,'- 1~ sum to my wife that the key to the house my wife would return to me. THE MASTER: Do you have any problem with that, Mrs. Nixon? MRS. NIXON: No. THE MASTER: Do you have any other questions? MR. NIXON: Yes. When it says (reading) the right to take against the will of the other, what will is referred to there? THE MASTER: We will go off the record now and let your attorney explain that clause to you. (A discussion was held off the record.) THE MASTER: Your attorney has explained to you the effect of that language that you raised; is that right? MR. NIXON: Yes. THE MASTER: And you are satisfied that you understand the explanation? MR. NIXON: Yes. THE MASTER: And you are satisfied to have this agreement entered as a resolution of all economic claims in your divorce proceedings? MR. NIXON: Of economic claims, yes. THE MASTER: Thank you. -" -,< I' - 0--' . ' " --'<' '-~ -~,,,"i 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: hL Dfl~ Attorney for Plaintiff 1d.1iJ./o~ . leAk. , , ~(J.)J'~ Hi ary A. ixon 7 Kent H. Patteson Attorney for Defendant -J I, - ~""",.1 I " .I J ~~ ~.I: ~~, JOY L. NIXON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 2000-6840 CNIL TERM HILARY A, NIXON, Defendant IN DNORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please 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(d) of the Divorce Code, 2, Date and manner of service of the Complaint: Acceptance of Service signed bv Defendant on October 12. 2000, 3, Date of execution of the Affidavits of Consent and Waivers of Notice required by Section 3301(d) of the Divorce Code: By Plaintiff: December 2. 2002 By Defendant: December 2. 2002 4, Related claims pending: None, 0.17 rD .n> }y; ".. I do ;;).00 d- . Date ~~ Dawn S. Sunday, Esquire Attorney for Plaintiff ill #41954 39 W. Main Street - Ste, #1 Mechanicsburg, P A 17055-6230 (717) 766-9622 ..;i."O "l~, ~",~~~~~j"t"i2\i-tli!o?Jll<~..'''''''sJ,~"'''''::1iMtitiL.''illIT~~~~~^ " ~~ ~ ,~~~~ =-~ -, N~"' ~ .". ~, c - ~',':;.~;i~ ._. ...~' %~ ~ ' .'~' - ~ ilili'^-- 0 0 C) C ," ~,1 -0.... r::J "-- "'O0::-~ ,-"J ,- ~~'; C) ,_0- 1" :z~. ,:n Cl OJ 0::::.:. , r-=:c_~ () 2'; -1", _c- ') .," ..-'--"- -~ C") ZC"" --7 ~;~! t::l '''-', IT: ~ '7 );..,,; /- s:- --I :D -< \,f.) .< Ii!! ~ ' .;."", - .... JOY L. NIXON, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : : 2000- 1.(>40 CIVIL TERM vs. . . . . HILARY A. NIXON, . . Defendant : IN DIVORCE NOl'ICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: CllMBERtAND COUNTY COURT H<XJSE, CARLISLE, PENNSYLVANIA 17013. IF YOO DO Nor FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER I S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOO MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO Nor HAVE A LAWYER OR CANNor AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELcm TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSCCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 TOLL FREE: 1-800-990-9108 o....o..il -.,.1. ",- ~ '. "_.-, '- '.0' 0'-'" <,;;....... ':, j.&, ~ JOY L. NIXON, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : . 2000- (, Nt) CIVIL TERM . vs. . . : HILARY A. NIXON, . . Defendant . IN DIVORCE . <D!WLAINT Plaintiff, Joy L. Nixon, by her attorney, Dawn S. Sunday states the following: 1. Plaintiff is Joy L. Nixon, who currently resides at 1024 W. Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Hilary A. Nixon, who currently resides at 2811 Fairview Road, Camp Hill, CUmberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately preceding the filing of this COmplaint. 4. Plaintiff and Defendant were married on June 2, 1973 in Souderton, Montgomery County, pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. Plaintiff avers, as the grounds upon which this action is based, that the marriage between the parties is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests that the Court enter a Decree of Divorce under Section 3301(c) or 3301(d) of the Pa. Divorce Code. Respectfully Submitted, M-.".d .L~ Dawn S. Sunday, Esquire Attorney for Plaintiff ID # 41954 39 West Main Street Mechanicsburg, PA 17055 (717) 766-9622 ""-"" "I. ~-- " -, -. 'Lj - "'-';-"<l<'.J,;! . VERIFICATIO.I1 I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. ~4904, relating to unsworn falsification to authorities. I~/ q/J.O() 4 DATE f?I "''''''''''", ;<.c" .;.-L ' "~~';':!im- _,.'~_;_C ,', ,'I'~' _ _~"." ~ _.~,>",~~_ ",~""~~~<-.-;,,"", ~,"""'_ -- ~'t!! -- ,,~ . "~- " ,~ ~, - . .,""e,' -'liBr" (:) ~ t; 1; ~ r t. . ~ ~ a o v ~ ~ P:: t ~ -......z ~ ""':1M1Iihti<V ~ ........ Crt~ 8~ , .'''. j~~~- (") c s:: UC~, m[1~ 2_,,, 655:; -<L. \20 );,. r-) z:c- -0 Pc :z: =< IIiiIJ Cl a o n --l C) ,".i I (F ";'! '-,-: "~1 '-:'-,- -", , -":-;c) 5:;~1 (~.) i;! :u -< ~"';:J ry .:Jl -.J ^''" ~ -'~""i . 2! !lr I -I~......... < - L---' ~. JOY L. NIXON, : IN THE CDllRT OF CDMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : . 2000- CIVIL TERM . vs. : . . HILARY A. NIXON, . . Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Hilary A. Nixon, accept service of the Divorce COIlIplaint. " 'I 10./1"4' 'l.cl-tll:O Date ~i~JM~'~i*.3liM"~~~~~illl'fii';!~;"fW.tj1~~"$!~~!iii~~~)_'l"'r.-1ii~oi 'Mifl- LI- (m:~ i" , , ",~~,~ '.'~ ~,""-~,=" _w'~ '"~" ," ,~ ,. ~ "'~ "" -''''''~'b'' o c s: -olJJ rnf'r~ Z;.~' Z,. ~:Z' .-r-- '-"-' ~f;:; PC': ~::: -.., -< o 1'0.) c:::J 1"1'1 ':'-J '-,,",= .... ~~ o -n C5"; ~~~~J :~_~;lC) ~~~ ~ :q -, ". ::c: ~: ~ \0 I:r~ _'I~ " - .- - , I r. ,I ~,!&i," JOY L. NIXON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 2000-6840 CIVIL TERM IDLARY A NIXON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330Ud) 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 in 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 are made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities, ^ /z/z./zofY L Date ' Hil~n, ~fir - 'llii>'11~~i:@ill~O:>'iW,'fi~~:~~&ti\&1l'iJ,'li:!;;.1llt;~lt!.o1JJ""""@clh-i",;;iU.J'4;m--~.a:o&..~.,,:. -""~1Wi'Iii~- .. , " -" () c: S. -oCJ n1n':. Z~~ :<::~" Q~.: ~G )>(~, 6,';6 J>c: ~ lC'l o l'" c:J r'1 >:, ! 0'. -~rr~ - -~--~~j " C> 'on :P" ::>: \D r=- ,t) ".i.: 1'--- ~~Vc\ (:t~j ~,~':B '__c (: ') f~i\"'t1 ~; ?O "< . , ' "-[_"u_ '"""'" "-' ;,,, lifu!:'! JOY L. NIXON Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 2000-6840 Civil Term . . HILARY A. NIXON Defendant IN DIVORCE ".;, ' COUNTER-AFFIDAVIT UNDER ~ 3301(d) . OFTHE DIVORCE CODE 1. Check either ( a) or (b): IN "........' '(a) 1 do not oppose the entry oLa'divorce decree. (b) I oppose the entry of a divorce decree because (Check (I), (ii), orboth): (i) The parties to this action have not lived sepa- rate and apart for a period Of at least twoye~s. . (ii) The marriage isnotirreirievably broken,.. . 2. Check either (a) or (b): .. .. ,.. . lI'dl V (a},Idonot~shtomakeany claims for econonrlc ! f relief. I understand that. I may lose, rig!J.ts concerniI1.g . alimony, division of property, lawyer'sfees or, expenses if I do not claim them before a divorce. is granted. (b) lwish to claun ecQnomic relief which may include alimony, division 'of property, lawyer's fees or expenses or other important rights~ . 1 understand that in addition to checkin$ (b) above, I must . also file all of my economic claimS with. the prothonotary in writing and serve. them on theothllr party. If I fail to do so before the date'set forth on the Notice .of Intention to Request Divorce Decree, the divorce decree maybe entered withoufftirth'er notice to me, and I shall be unable thereafter to file any economic claims. . I verify that the statements made in this coUnter- affidavit are true and correct. . I understand "'that false S~elll,llnts herein are mac\e s:ubject to the p~na1tjes of ~ l,S:Pa.C.S. ~ 4904,relating to'~swom fa1sificat:io~ t.o ~ authorities.. '... I , . U \: Pate: n~~~(p~~~ ~ I. NOTICE: IF YOU DO NOT W!SB TOOPfOSEI.rm: ENTRY OF A,DIVORc:E nECREE,~ YOU.. DO \ NOT'W1SHTQ MAKE ANY C;:LAlM FQR.E~ONOM~ I, lCRELIEF, YOU SHOULD NOT ,FILE THIS.COUN. ITER-AFFIDAVIT. . l , i~,-,"~~...""""'k.t~~,,""!~~"'~J"~M~"'''~~''>ili'J'iM''!J:.~k'~~';'''41![~",E'''~clffi'W;;,~,,~t~l~"~_~ "- ,~-~.~ ~-~, - ~"" ..~ - ,,~ "~.~~~ .~ ".'_. - ,..- lia~j~i<llI<\Il!IailI::Ll ,~ - ~ ~j _o,;;i,- ", "..". ~" n c <p -c,la:i rrJ,J"1 ZCI Z:C Cf).<i:;'O:- ?CL, :c::: " ;;:c; 5;;c ~ :;;j , .J! "' '~''''''''='j~li!.\iJl Co tv ::::J ~~11 C? , en '-, ~:; " ;~I ';";;'1 _i:i(,""J l~~ ~~d0 0'<1 s;! :D -< "'" ~ If? .~ \0 ?Jr 1-- ,..; ~:"\;.,.,...,,J bl . '~-ID)?: . JOY L. NIXON . . Plaintiff . . . : v. . . HILARY A. NIXON : . Defendant . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-6840 Civil Term IN DIVORCE AFFIDAVIT'-DNDER SECfION 3301(d) , GP THE DIVORCE CODE '. , ~. e parti~s, to...thislil~on separated .,o~ . . . "and have continued to live separate and ajJ for a periodof'at'leasttwo years. i 2. Tht; llllUTiageis irretrie~ably broken. .3. I understan~ thau may lose rights concerning alimony, cUvision of property, lawyer's fees or expenses if I do no' claim them before a divorce is granted. I verify that. the statements made in thi 0 affidavit are true lil1d cOrrect. I understand that a1se statements herein are made'SUbjec~' the pen es of 18 Pa.C.S, ~ 4904' relating' td 'ilns 0 'fals' Cliti to authorities. Date: iL/4./~~ .... " ..' . . ~ ' f " I'P' tifflDefendant i "'''' ;". 'If ,L.'''~t:Wt"jiJ"6""~~!OIko,iill6~...a.i;i,,m:.'''1->L'''~;iHi:,;ill;';'1ih~'i~;A'",W*~;iI~i,)11-' "~-"f'" ,. H,~~"" .... ,.~,~~= ~_ ,~- ~~.. ,~._,~ , ~ --'0Jki;-!hl';,=~' " " olio '^'"~-~-~" ~" , ~ -~,~~~ ." 0 0 (:) c: f'-.J ~n :~ CJ -00; ~ , ;:i~ rnn'j ,:-"") Z:r-.; I ' ~~ ;~.~] ?'T ~~Z 0' ~;(j.J <C:;-' :D> T:-+.: y ::JJ: '~C;"2li) 20 >2 ..0 ~--:sri1 ==. ~ I="' Y :0 ,0 -< . -,.: ,~,' JOY L. NIXON Plaintiff v. HILARY A. NIXON Defendant , " . , .' j,~"" . IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYLVANIA : . . NO. 2000-6840 Civil Term : . . IN DIVORCE AFFlDAVlT"UNDER SEcrION 3301(d) , OF THE DIVORCE CODE . ., . "', ";:, ~,. e P~es. to.,.this(l~on separated :.or. ' . . : .~~; h,~ve', continued to live separate and a fot a penod ohtIeasnwo years. , 2. The marnagejsirtetrieyably broken, .3. I understan~ thaU may lose rights concerning alimony, <Uvisionof, p~operty, 4lwyer's fees or expenses if I do no' claiin them before a diVorce is granted. I verify that. the statements made in 'affidavit are true ahd cOrrect: I understahd that alse statements herein are niade~ubjec ., the penal es of 18 Pa,C,S, ~'4904:relatin~'td'iIns 0, :fa1s' Cliti to authorities, Date: i'~/L/;L ~ , ~~~o-/ ~ I c;(Gk~0~_ :; J 0/ (dJ f' -7i' ,a)1~ ~ r; ~(2.. ~ 1/Nif(1rl- /J~/(~I,,: CJ j""'''"''''''- ,~. "".I~'I~1<1l::a:'<;;~_!C-;)'""'ilOJ-"illl;~"ili~il"'~'.\li8:,'"""""iP.~~rJ,*"I<;",-",,,,~,~~o;;f:~'. " _'''M, ~~","".,.,.,,,,-,."' ,,-,,~ "~,"~, -, < '~~'- ~,~ '_C' ~ ,~ "'" iilU!lLiu~I!~]Il\' '~- ^~ ~~. ' , " 11' (') (~ .':2:>'- -o-~" n,t~:: 2:[" ~!:;~:! ~E': .:D-_...... 2tJ ><:J ~ :;J , ."" 'E t:- V) 1. '"W" - Q 1'0 '::J ;-.q 'J J C', ,~ '-' ~.: I .!~'-: , jf ,-:'::':'"I..' '_ ',~!J -S-() ejnl -. ~,~ :fJ -< :0. ~~ -.!t. , ,") -L J_ ~"""~".~, , .' JOY 1. NIXON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION LAW VS. NO. 00 - 6840 CIVIL 19 IN DIVORCE HILARY A. NIXON Defendant STATUS SHEET DATE: ACTIVITIES: - - _'flFt ""';"'1'- L @' . JOY L. NIXON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 6840 CIVIL HILARY A. NIXON, Defendant IN DIVORCE TO: Dawn S. Sunday , Attorney for Plaintiff Kent H. Patterson Attorney for Defendant DATE: Wednesday, July 3, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ....J ,~d_ I ,"'0 ", ,~,.,- .'--,,-'- ,. (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. - _1"- I I ,-,I , - ".. '~ - ~ ~ -: , - ",,"-~' ~--";:'; JOY L. NIXON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 6840 CIVIL HILARY A. NIXON, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Dawn S. Sunday , Attorney for Plaintiff Kent H. Patterson 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 2nd day of December 2002, 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: 10/8/02 E. Robert Elicker, II Divorce Master Dawn S. Sunday, Attorney for Plaintiff, filed a pre-trial statement on October 7, 2002. Kent H. Patterson, Attorney for Defendant, has not filed a pre-trial statement as of the date of this notice. -(I, -...........L J. ",' '-- ,'" - '0< >-", r:, KENT H. PATTERSON ATTORNEY AT LAW 221 PINE STREET HARRISBURG. PENNSYLVANIA 17101 TELEPHONE (717) 238-4100 October 4, 2002 E. Robert Elicker, II, Esquire Divorce Mastlllr Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Joy L. Nixon v. Hilary A. Nixon 00~6840 Civil In Divorce Dear Mr. EliCker: Although Attorney Sunday has certified that discovery is complete for.m the standpoint of her client, plaintiff Joy Nixon, from the standpoint of the defendant Hilary Nixon, discovery and other pretrial matters are not complete. The economic claims raised by plaintiff were not placed in issue until June 20, 2002 when the plaintiff filed a petition to add these claims. One week later plaintiff filed a motion for the appointment of a master. plaintiff has not filed an inventory or and income/expense statement. This case is not at this time in a format for or ready for trial. Under the circumStances, I will not be able to file a pretrial statement that meets the requirements of the requirements of Pa.R.C.E'. 1920.33(b). Mr. Nixon and I are not in a position to provide the information required for a Pa.R.C.P. 1920.33(b) pretrial statement which requires listing of all exhibits, expert reports, witnesses, asset evaluations, proposed resolution of issues, etc. After the plaintiff .files an inventory and an income/expense statement, we may require some discovery. Attorney Sunday has agreed to fully cooperate in providing any requested information and is at this time in the process of getting us some information. --. I I E. Robert Elicker, II, Esquire Divorce Master October 4, 2002 page two Would you please extend by 60 days the time to file a pretrial statement. Thank you for your consideration. -~--'~,;-:_::;,;:", Iff'-,,, V7'~~ Kent H. Patterson KHP/cvf cc: Dawn S. Sunday, Attorney at Law Hilary A. Nixon ... .~... 1-- '_.C_ ~ '1-;; -J" I J:,:- ~ . ","' '0'-0 c;. ", , c,_ ,;;.,: -~.~ ,^.-" <w,'.,,,,,,:,,,,-,;,~, . ~- .. ,. OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci Jo Colver Office Manager/Reporter West Shore 697-0371 Ex!. 6535 September 13, 2002 Dawn S. Sunday Attorney at Law 39 West Main Street Mechanicsburg, PA 17055 Kent H. Patterson, Esquire 221 Pine Street Harrisburg, PAl 710 1 RE:. Joy L. Nixon vs, Hilary A, Nixon No. 00 - 6840 Civil In Divorce Dear Ms. Sunday and Mr. Patterson: Attorney Sunday has certified that discovery is complete; Mr. Patterson has not returned the certification document. However, I am going to proceed on the basis that there are no outstanding discovery issues and that the case will be in a format for trial at the time of the pre-hearing conference. A divorce complaint was filed on October 5,2000, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint, However, a petition to add claims was filed on June 20, 2000, raising economic issues of equitable distribution, counsel fees, costs and expenses. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, October 7,2002. Upon receipt of the pretrial statements, I will immediately schedule a pre- ...i. ,,,I "+ __ _, y -- 1,,- ~ -'<;"-- .""^'..;.~',," " '-- . '0,. ,',~-" !!t'i '" Ms. Sunday and Mr. Patterson, Attorneys at Law 13 September 2002 Page 2 hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing, Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED, ~.,f ~,,-. ,,'I,' ".10', _~" -. - .,,1 " ,-, '>""r '-" ., :...:tf;)" WilLIAM L SUNDAY DAWN S, SUNDAY Attorneys - at - Law 39 West Main Street. Ste. 1 Mechanlcsburg, PA 17055-6230 Phone (717) 766-9622 Phone (717) 766-9698 Fax (717) 79'5-7280 September 12, 2002 E, Robert Elicker, II, Esquire Office of the Divorce Master Cumberland County 9 N. Hanover Street Carlisle, PA 17013 RE: Joy L. Nixon vs. Hilary A. Nixon, Docket No. 2000-6840, In Divorce Dear Mr. Elicker: On behalf of Plaintiff, Joy L. Nixon, I am enclosing our Certification that discovery is complete in tJ;1e above-referenced matter, After filing our initial Motion for the Master's Appointment, we received the outstanding information we had requested from the Defendant pursuant to our Motion to Compel. Upon filing of the Pretrial Statement, we will request the scheduling of a Conference, with counsel and parties present on the earliest date you have available, ,,- ,'- Thank you very much for your attention to this matter, Sincerely, Dawn S, Sunday DSS/cg Enclosure cc: Kent H. Patterson, Esquire - "I I~- Ie'__ , -- ''''--~ '''-.~' .... ',,: JOY L. NIXON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 6840 CIVIL HILARY A. NIXON, Defendant IN DIVORCE TO: Dawn S. Sunday , Attorney for Plaintiff Kent H. Patterson , Attorney for Defendant DATE: Wednesday, July 3, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. - J ,.., ,.1.,: J_~ "_;", __ , '-~",,'''~'~ 11'. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. ~~ DATE ~ d).oa;J- !)~_ J Ldoq COUNSEL FOR PLAINTIFF (>C) 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. --- ,,;, 'it, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " .r(lY T IJTyrn Plaintiff vs. HILARY A. NIXON NO. 2000-6840 n: Joy L. Nixon a master with respect to the ( ~) Divorce ( .. ) Annulment ( ) Alimony ( ) Alimony Pendente MOTION FOR APPO INTIffi.'{T OF MASTER (Plaintiff) ~), following claims: moves the court to appoi~t Lite (X) ( ) ( X ) (X) Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is comp,lete as to the claims(s) for which the appointment of a master is requested. NO - #7 Below (2) The defendant (has) (k~SXKR%) appeared in (by his attorney, Kent Patterson (3) The staturory ground(s) for divorce (ia) Irretrievable Breakdown of the Marriaoe (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the NONE (c) The action is contested with respect to the following claims: distribution of orooertv, counsel fees, costs and ex~nses (5) The action (involves) (does not involve) complex issues of la" or ~330l(d) the action (personal.ly) ,Esquire). (are) 23 PACS ~330](c~ following claims: or fact. (6) The hearing is e..'tpected to take 4 (hours) (~'lC). (7) Additional information, if any. relevant to the motion:p]~inriff is concurrently oroceedina with Motion to Co~l Defenn~nt to ~n~l~r.A An~w~r~ rn . , , Interrogator1es. Date: ~IIJ"""~', d-r,r'l'+- , Dawn S. Sunday O~.Ilr.at. Attorney for (Plaintiff) CI (~) . ORDER APPOINTING }!ASTER I, Ii/ Al'ID NOW ~ I ,~ 2002, E.' J0Ju..d OCJ~ is appointed ste with respect to the following claims: aJ1 Esquire, (?J -11 ;11I ~ ...:r ~ (<;, L. r':: Co': .-) , uJO ?)~t -? ~~ C) :f"-~ ..,... :'..J~{ p:~~ Ct. C)::::J '('1t"--:. -';0 1. ';-:~,. co j,<'----/- C>,-,. N __...! L._ l\..jl' ,:cz .,,-,-- ,;Ju.J u: -' :J-:lo... _W'j ~2; '.'- C'....! :=> C1 0 (:) ,., __7 : . ~ .''''_1"',~_'' (I') Ill' -I <..." \.i "L O:T::::r: ,'T',r('\'CiTN1Y PI\!l "'J: 2"! , , t:. ,",.... cur ml"", ~,'" 1Y . VI"""'" '''','I , I' 'I1U" '~....l '-...J,,~..... "h.", JIl! PENNSYLW\Nii\ 1I!IlI", 'f"" . ,,-,0 ~ ' ~... """,",' - ,~~ ' ."--~ ~, "~- ,--- "' '"',,..-'." ~"--. ,- , - '"',~ '~~ """"I",'" '-.0,.", ~, " \ , l . ~ ~. . . \ I. \',1\", } ,,\~ \\ \ \l \\ 'J ..,~. ~,) '1, 'l. ",~"".-_._r~:;W~~W':l1'~~~fJ!j;:'i1l!\~~~~~ml~,,""ffil~~f"~~~~-I ~~ 'l~~ ,I~ iii' ~ '-~..!lj_hi;"_ .' , \ JOY L. NIXON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 2000-6840 CIVIL TERM HILARY A. NIXON, Defendant IN DIVORCE PETITION TO AMEND DIVORCE COMPLAINT TO ADD RELATED CLAIMS Plaintiff, Joy L. Nixon, by her attorney, Dawn S, Sunday, Esquire, files this Petition to add related claims to the Divorce Complaint, and in support thereof states the following: L Plaintiffi'Petitioner is Joy L. Nixon, who currently resides at 1024 W, Foxcroft Drive, Camp Hill, Cumberland County, Pennsylvania, 2. Defendant/Respondent is Hilary A. Nixon, who currently resides at 2811 Fairview Road, Camp Hill, Cumberland County, Pennsylvania, 3. Plaintiff initiated divorce proceedings on October 5, 2000 alleging irretrievable breakdown of the marriage. COUNT I - EQUITABLE DISTRIBUTION 4, The parties have acquired property, both real and personal during their marriage, 5. The parties have been unable to agree to an equitable division of the property. WHEREFORE, Petitioner requests that the Court equitably divide all marital property, COUNT II - COUNSEL FEES, COSTS AND EXPENSES 6, Defendant, who has exclusive possession of the marital residence and retains control over most of the marital property, has continuously evaded and delayed efforts by Plaintiff to negotiate a property settlement. Defendant's refusal to resolve the property issues is unreasonable and without legal basis, n ;"'. ;" "~, -1."",_, , . 7. By reason of Defendant's conduct, Plaintiff has been and will continue to be put to considerable expense in compelling Defendant to comply with formal discovery procedures, obtaining a resolution of the equitable distribution matters, employing counsel and paying costs, WHEREFORE, Plaintiff requests that the Court enter an award for Plaintiff and against Defendant for counsel fees, costs and expenses incurred by Plaintiff as a result of Defendant's conduct. Respectfully Submitted, D{!~ ill #41954 39 West main Street - Ste, #1 Mechanicsburg, P A 17055-6230 (717) 766-9622 ,". ~~ L. _ " 'o..-..~; . . VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA. C,S, Section 4904, relating to unsworn falsification to authorities, N'- f1/,qJ62- Date I / 'f;'~:;I!'ljl;"J.~~,~,<:J;bff~!1lh~H,J;1Mr;!Mm;J~":"'?,;,M"''',iitii@~),6j;:;@~~~~~~~~~ ~~ ""'~"'l' i p(0 it-lf- Vv f' w ......... JIJ B i'~'~ItlIl!i'~_I1iJ__1t'~' '> - ~''''~~l-~ .. 01 -lg. t.v o , o :t>D ~~ ffp "k- '---.( fJ . , 0 0 0 c: N 11 ;;;: c.... '""Ocr.' c= " mrn l<:: Z:D r 6j~ N -t);0 a <;',0 ?iL q~ ___'C] -n 'j;; :3: ,-",,\ ::.? zQ ~.:;:() -,-u ~ ~5rn Pc ~:'.: -, N J-~ :< ::0 C.J -< I~ L ~ .~~~ --1m'; JOY L. NIXON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 2000-6840 CIVIL TERM IDLARY A. NIXON, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Dawn S, Sunday, counsel for PlaintifflPetitioner, hereby certify that I served a true and correct copy of the Motion to Compel Answers to Interrogatories and Production of Documents upon DefendantJRespondent through his counsel by First Class, regular mail, addressed to: Kent H, Patterson, Esquire 221 Pine Street Harrisburg, PA 17101 On the date indicated below, Jr .v1l f Date / C;, do6 ~ , ~~ Dawn S. Sunday, EsqUIre Counsel for PlaintifflPetitioner .m~,.:~L~IFF!t;iH~","--"-~~[~~'j,*,~Jj!!~ji.m~.:o-"." "--.-"~'-- - r-"~~'~""'-- "'~- c'" ~'<~ .. . __(e_' ~ ~ ~-',,:' 'e' ~'~r"<:T"":E: "'" .,' ^ ,.- HllMiiliii' -", ~'I>~..1ll~~ (") ~ ""t1Ql !;2 [;1 2r'! (0 ~ ;::s;'C:;". kO ~-"'c; ? .) .,~o Pc 2: :;;I , '" Ii I I I! I <:;) N c.... c:: 1lC N c::> " :?: o '"71 :,-:5 i":1;:2 "Om ;}~ <i:l ~C) ....~rTl o s:;! 5.J -< S':' N U1 ;~ 'JI~= I, J ,I, , ~ ,- ~p" JUN 2 4 2002 ~ JOY L. NIXON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO, 2000-6840 CIVIL TERM HILARY A, NIXON, Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this fL day of 1---'7 , 2002, a rule is hereby issued on Defendant to show cause why the Motion to Compel Answers to Interrogatories and Production of Documents filed on behalf of Plaintiff should not be granted, Rille returnable "?C> days from date of service, BY THE COURT, //4 ], It. w j~ "'if 1'__~ ,m,~!!I'""'l =_0 w "", ~~ . J~ J . 1~ j.J 02 JlJ! .. I F'>1 I: 2 il CUIV"'-'" ,',' ' ""'J'I"" , '17""''':--\t r",'\'l L I, ,I ), b'll -,,,,.' ',,~ ,I ~,j _..... . PE~lr~SYl!!ANIA :~",~~~IJ ',""'" ~"~",,~~~,,,,~ , _ .,~ ,,,,~lii!r,~!l"li4IWi'Wi~-<iifjffl~:J'ff!it~'f;.w;q~~I!jf?i~~IW.j~'IiJ~~~,,,"~,:,,-,,/,.ry " .1 '-""', JOY L. NIXON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs, NO. 2000-6840 CIVIL TERM HILARY A. NIXON, Defendant IN DIVORCE MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS Petitioner, Joy L. Nixon, by her attorney, Dawn S, Sunday, Esquire, files this Motion to Compel Answers to Interrogatories and Production of Documents, and in support thereof, states the following: 1, Petitioner is Joy L. Nixon, who is the Plaintiff in the above-captioned divorce action, 2, Respondent is Hilary A, Nixon, who is the Defendant in the above-captioned divorce action, Respondent is represented by Kent H, Patterson, Esquire in the Divorce proceedings, 3. Petitioner filed the divorce action on October 5, 2000 and Respondent accepted service of the Complaint on October 12, 2000. 4. Counsel for Petitioner served a set of Interrogatories and a Request for Production of Documents upon Respondent on April 23, 2001. The cover letter and signed certified return receipt are attached hereto as Exhibits A and B, At Respondent's request, Respondent's counsel and the undersigned counsel agreed to an extension to July 9,2001 for Respondent's response to the discovery request. (confirming letter attached hereto as Exhibit C), 5, Although Respondent provided partial answers to the Interrogatories and some of the documentation requested in July 2001, both Petitioner and her counsel have continued to request, through both Respondent and his counsel, that complete information and documentation be provided and specified the documentation required by letter to Respondent's counsel dated January 10, 2002 (attached hereto as Exhibit D). 6, Despite further discussions between the parties and between counsel, as of the date of filing this Motion, neither Petitioner nor Petitioner's counsel have received a complete response to the Interrogatories and Request for Production, No objections have been filed by Respondent. - ,.I' .- -.-...i' '-'.'- 7, Petitioner believes that Respondent will not provide the outstanding information necessllIY to resolve the equitable distribution matters in this case unless ordered by the Court to do so, 8, Petitioner requires the fmancial information requested in the Interrogatories and Requests for Production in order to proceed toward resolution of the economic issues in the divorce action, 9, Petitioner is entitled to the discovery she seeks as provided by Pennsylvania Rules of Civil Procedure 1920.22 and 4006, WHEREFORE, Petitioner requests that the Court enter an Order pursuant to Pa,R.C.P.4019(a)(I)(i) compelling Respondent to provide complete answers to Plaintiffs Interrogatories and Requests for Production of Documents in accordance with the attached Rule to Show Cause. Respectfully Submitted, Dfl~rcfa ill #41954 39 West Main Street - Ste, #1 Mechanicsburg, P A 17055-6230 (717) 766-9622 "'; I. " .~ ;I~,. ~!&.._',"y VERIFICATION I verify that the statements made in the foregoing Motion to Compel Answers to Interrogatories are true and correct. I understand that false statements herein are made subject to the Date &/18/ ,2- I I I/r..- penalties of 18 P A, C,S, Section 4904 relating to unsworn falsification to ~. 'I I~ -~,,'~,> ~-;!k_ WilLIAM L SUNDAY DAWN S, SUNDAY Attorneys - at - Law copy 39 West Main Street. Ste. 1 Mechanlcsburg, PA 17055-6230 Phone (71 7) 766-9622 Phone (71 7) 766-9698 Fox (717) 795-7;>80 April 19 , 2001 Hilary A. Nixon 2811 Fairview Road Camp Hill, PA 17011 RE: Joy L. Nixon VB. Hilary A. Nixon, CWDerland County Docket No. 2()()()-684(), In Divorce. Dear Mr. Nixon: As you know, I represent your wife, Joy, in the above-referenced divorce proceedings. with this letter, I am serving you with three copies of Plaintiff's First Set of Interrogatories and Request for Production of Documents. Please note that you have thirty (30) days to provide the requested information. I suggest that you review the enclosed documents with an attorney who can provide you with legal counsel. We have drafted the enclosed documents to be as concise as possible under the circumstances of this case. The information requested is essential in order to resolve the economic aspects of the divorce. It is unfortunate that Joy was unable to obtain this information from you informally and we are hopeful that upon receipt of your responses and production of documents, we will be able to proceed in a cooperative manner to reach an equitable distribution of the property and finalize the divorce. If you retain legal counsel, please have your attorney contact me. Sincerely, ., Jl~~of~ Dawn S. Sunday U DSS/cg Enclosures cc: Joy L. Nixon G'l.ff. If - 01- "' iI., - .'" ~ ...~-""""'-" <;; SENDER: ...., :2 . Complete Items 1 and/or 2 for' additional services. III . Complete items 3, 4a, and 4b. m . Print your name and address,on the reverse of this form so that we can return this L: card to you. ~ . Attach this form to the front of the mailpiece, or on the back if space does not <<p permit. .' ... . Write -Return Receipt Requested<< on the mailpiece below the article number. ! . The Return Receipt will show to whom the article was delivered and the date - delivered. S 3. Article Addressed to: ." .. il a. E o " '" Hilary A. Nixon 28ll Fairview Road Camp Hill, PA 17011 I also wish to recoive the following services: (for an exIra fee): 1, 0 Addressee's Address 2: 011 Restrictecl Delivery Consult postmast,er for fee. 4a. ArtIcle Number 7099 3400 0004 501D8 2748 4b. Service Type o Registered o Express Mail Ga Return Receipt'k f' 1 . 7. Date of eliv: ry c2 '3> .-v/ 8. Addressee's Address (Only if requested and fee is paid) o Certified o Insured o COD ~ :s o >- .!!l 102595.98.B.0229 Domestic Return Receipt I First. k.e~ fI.JI~iI ost .0 R !:I'loAS Paid. e . ~In ~-10 '. .'. ~"l:'. ,,',,;.;1,,- \r. 1".III",lI1".,I,I.,I,IIII,,"I.111I,1I1H11I.I,I,.I.J1I1 :._-,r-:,_ ,__..'c":!li"-,_ ". ..__-'_.......;.;"'...".:.____ ,,'_',;.c_~" ,.'__ 8)(!-t 3 ~" '~ "I , ....1 j~-wc~"c""_ KENT H, PATTERSON ATTORNEY AT LAW 221 PINE STREET HARRISBURG. PENNSYLVANIA 17101 June 7, 2001 TELl~HONE (717) 238-4100 Dawn S. Sunday Attorney At Law 39 West Main Street Mechanicsburg, PA 17055 RE: Joy L. Nixon v. Hilary A. Nixon No. 2000-6840 Cumberland County Dear Dawn: Hilary Nixon has asked me to represent him in this case and I have made a preliminary review of matters with him. You recently sent Mr. Nixon interrogatories and requests for production of documents. Mr. Nixon is in the process of researching infor.mation and documents that you have requested, preparing answer~ and assembling documents. However, he will need more time~o respond since your discovery requests are thorough and require much information, research and documentation. He has also been unable to devote his full attention to this matter due to some family matters of which Mrs. Nixon may be aware. Please allow me to confirm that you have agreed to an extension to July 9, 2001 for Mr. Nixon to respond to your discovery requests. Thank you for your consideration. . V.;Z:i1Y~ Kent H. Patterson KHP/mad cc: Hilary A. Nixon E2<-1+G '. , " 1- I. '"-~"'~;U;"'>>"-1_, ..1. . - WILLIAM L SUNDAY DAWN S. SUNDAY Attorneys - at - Law COpy 39 West Main Street. Ste, 1 . Mechanicsburg, PA 17055-6230 Phone (717) 766-'1622 Phone (717) 766-9698 Fax (717) 795-:1280 January 10, 2002 Kent H. Patterson, Esquire 221 Pine Street Harrisburg, P A 17101 RE: Nixon vs. Nixon, Cumberland County Docket No. 2000-6840 Dear Kent, Out of sympathy and consideration of the fact that this is a difficult time for Hilary's family in light of his mother's failing health, Joy Nixon has refrained from moving forward with the divorce proceedings for some time, However, as it has now been six months since your client's partial provision of financial information, we feel it appropriate to finalize the information gathering process so that we can submit a proposal for Mr. Nixon's consideration, Specifically, we require the following additional information, all of which was previously requested pursuant to the Interrogatories and Request for Production of Documents: 1, Statements of the TD Waterhouse Account from March through December 2000, for January 2001 and April 2001, and from June 2001 through the present. It may be sufficient for Mr, Nixon to provide 2000 and 2001 "Detailed Income Statements" similar to the one he had provided for 1999. 2, Statements of the Commerce Bank Account Nos, 0513138453 and 616094091 reflecting all deposits to those accounts (as is shown on the statements for the joint account from April 2000 through the present date), As an alternative, it may be sufficient to provide: an official record of all dividends issued since the date of separation. 3, The State and Federal Income 7ax Returns for 1999 and 2000. It is essential to document the income produced by all of the parties' assets through the present date, Hopefully, your client has already obtained the information which he indicated was not available: at the time of his initial response in July, Ms. Nixon is willing to use the 2000 ReMax appraisal of the marital residence ($157,000,00) as the value for that property, The Century 21 appraisal obtained at the same time was $158,000.00, l:f eil-fu ~ I~ 'b ~o0lff II! ..,..' "J I. ~ ~I " -.. --'~'.-"-,~<, ~./ // f/ ,,;I , Mr, Nixon feels it is necessary to obtain an updated appraisal, please let me know so that the arrangements can be made, I look forward to hearing from you soon with regard to the information requested in this letter and to discuss an amicable resolution of the property issues in general. Sincerely, D~~ DSS/cg cc: Joy 1. Nixon " -"'~:..- :_:,,~, -'~ -i~~Mif"J,-,\;e~~t,g,'IlI!!Jlill!iM':1:~~8""":-:$;;t"i0.i['~lig~","~-;;M"lt'*:tin,";jf"*~Bi',tL'5!lll C".. ,"'''''''. ,~~ ,e ~,'__~"~~'~" ^"_~~, "~","M> ,V,., ,,_,"y_ ''''',~ ,,"" ~ ililt1"'''"''' I.'"'~~ -~j .""'--~ (') C :? -Ow ~g;l ZI, (f.\ ,"- -<.:2- ['::CJ ~(~ -'''~ ( ) Pc "7 =5! . ,.,,,,,-,~-~ C) 1'0 L r- :2 N C> -0 :J!: o -q ::;5 ;',!'o;-rl iI'r=: -':l'-----;-j :-:,JO ~~CJ ~f;~ ~o -< :.:J '-';> (J] ,,'~ I ... Ii I~ " J " tllill "'~" ~~~'" ~ lail,ilim'-~_j~;, JOY L. NIXON . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . v. . NO. 2000-6840 Civil Term . . . HILARY A. NIXON : Defendant . IN DIVORCE . DEFENDANT'S ANSWER TO PLAINTIFF'S MOTION TO COMPEL ANswERS TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS AND NOW comes defendant/respondent, Hilary A. Nixon, by his attorney, Kent H. Patterson, and files this answer as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part and denied in part. It is denied that defendant provided only partial answers to interrogatories and partial responses to requests for production of documents. 6. Admitted in part and denied in part. It is denied that defendant has failed to make a complete response to plaintiff's interrogatories and requests for production of documents. 7. No answer is required to paragraph 7 since it alleges a belief of defendant. To the extent any answer is required, Page One of Five ".~~ _I - ~ ~~ " .~ ~~~~" ~=~~"'"'"~____"""';C"''''_ defendant has and continues to provide the information requested by plaintiff. 8. It is denied that the financial information requested is necessary for plaintiff to proceed to resolution of economic issues in the divorce action. 9. Admitted in part and denied in part. It is denied that petitioner is entitled to discovery pursuant to Pa. R.C.P. 1920.22 and 4006. New Matter 1. On July 9, 2001, defendant submitted to plaintiff complete answers to plaintiff's interrogatories and a response to plaintiff's request for production of documents. Attached hereto and marked EXhibits 1 and 2 respectively are defendant's response to plaintiff's request for production of documents and the letter fram defendant's attorney dated July 9, 2001. 2. On July 9, 2001, defendant supplied to plaintiff all Page Two of Five > ,I r i.... _I- - ttliiIlIld~l!l!iY_--,,"~o.': documents requested by plaintiff that defendant had in his possession. 3. By letter from plaintiff's attorney dated January 10, 2002, a copy of which is attached hereto and marked Exhibit 3, plaintiff made specific requests for certain documents consisting of brokerage account statements, bank statements and income tax returns. 4. Defendant did not have the bank statements requested by plaintiff's letter of January 10, 2002 and had to obtain those documents from Commerce Bank. 5. Defendant was not able to initially locate the years 1999 and 2000 tax returns but has now obtained them and has also now filed his 2001 income tax return. 6. Defendant has and will submit to plaintiff the following documents which satisies the requests sent forth in plaintiff's letter of January 10, 2002: Commerce Bank statements for account nos. 513138453 and 6169409 for the months of July 2000 to April 2002. Commerce Bank is unable to retrieve the May 2002 statement at this time. Page Three of Five -".'~"""'".- ~ ..~ L_ ~J - ~~""""" ~ '~1~'"~-~~~~' T.D. Waterhouse consolidating statements for the years 2000 and 2001 and monthly statements for the months of January, March, April and June of the year 2002 which are the only statements issued by T.D. Waterhouse for the year 2002. (T.D. Waterhouse only issues statements for months during which there is activity in an account.) Years 1999, 2000 and 2001 income tax returns. 7. Plaintiff has incurred expense in obtaining documents from financial institution for which defendant should reimburse plaintiff. S. Defendant has requested plaintiff to produce documents to which plaintiff also has access including T.D. Waterhouse statements for joint account and joint tax return for the year 1999. 9. Plaintiff's complaint contained only a count for a 3301(c) or 3301(d) divorce and contained no counts for marital claims. 10. No marital claims were placed in issue in this case Page Four of Five ;".... ~ ""' L " -~..~,~"',; until on or about June 28, 2002 when plaintiff filed a petition to amend the divorce complaint to include a count for equitable distribution and a count for counsel fees, costs and expenses. WHEREFORE defendant requests your Honorable Court to dismiss plaintiff's motion. Respectfully submitted, f--~ , T Kent H. Patterson Attorney for defendant 221 pine Street Harrisburg, PA 17101 (717)238-4100 Page Five of Five ',.-""" - .,~- . I ~ ~ c -nY~",~" VERIFICATION I, Hilary A. Nixon, verify that the statements in the foregoing answer are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. \ ~~" Hilary A. NJ.x '-0., Date: 'J 1<. -:>1t..rM- ~ / f oj ,L" ~ _I '. ,I - " ~-""'''''''-'''" ' JOY L. NIXON Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-6840 Civil Term HILARY A. NIXON Defendant IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW comes Defendant, Hilary A. Nixon, by his attorney, Kent H. Patterson, and files this response to plaintiffs's request for production of documents, as follows: 1. Defer.dant will produce federal and state income tax returns for the years 1999 and 2000. However, defendant can not locate copies of the returns at this time and will have to obtain copies from the Internal Revenue Service and PA Department of Revenue. 2. Defendant has no financial statements (as that term is generally understood to mean) prepared by him or others for the past two years. 3. Defendant has no Quicken or similar computer programs of his income and expenses for the past two years. ~'f ttl BIT ( 1_ 01",. 1- , ~, '~~t~f4-" 4. Statements of Commerce Bank and TD Waterhouse for the periods of December 2000 through May 2001 are being produced. Statements for the period of January 2000 through November 2000 can not be located but will be produced when available. Statements for the Commerce Bank accounts in Hilary Nixon's name alone would only be available beginning May 2000. Joint savings account at Commerce Bank was closed May 2000. 5. Defendant does not have any loan applications for the period January 1, 2000 to present. 6. Brokerage statements are being produced as indicated in number 4 above. 7. Securities are being produced as indicated in number 4 above. 8. Stock certificates for Becton Dickinson, Bristol-Myers Squibb, Colgate-Palmolive, Intel, Pfizer, Philip Morris, Procter & Gamble and Bryn Mawr Trust are being produced. There are no stock certificates for Avaya, Campbell Soup, DuPont, Hershey, Illinois Tool Works and Lucent; these stocks are held by TD Waterhouse and appear on their statements. 2 J "1- ~" $J!,l~;HIiG.;; 9. Defendant has no mutual funds statements. 10. Defendant has no Treasury Notes or Bonds. II. Defendant has no Certificates of Deposit or the like. 12. Defendant has no 401 (k) or retirement plans. B. Defendant has no monthly credit card statements. 14. Defendant has no documents concerning sales of assets in excess of $500.00 since January 1999. 15. Documents concerning transfers of funds are contained in documents identified in number 4. 16. Defendant has not been involved in any litigation in last five years accept this divorce action. 17. Not applicable. 18. Not applicable/See answer to interrogatories number 4I. 19. There are no debts owing to defendant. 20. There are no mortgages or mortgage notes relating to any real estate. 21. Defendant has no prospectuses for any investments. 22. Defendant has filed no gift tax returns for the last five years. 3 , ~ " . , ],,1 '-'Ii!Il!.-;rl'r--( tiltc 23. Def~ndant has no correspondence with the I.R.S. or the PA Department of revenue. 24. Copy of will of father, Alvar J. Nixon is being produced. 25. Defendant has no life insurance or annuities. /~ /c--. /1;, ~~ , I Kent H. Patterson Attorney for Defendant 221 pine Street Harrisburg, PA 17101 (717) 238-4100 4 -,~. - ---~- o . ~~~....., 'id".___i VERIFICATION I, Hilary A. Nixon, verify that the statements in the foregoing Defendant's Response to Plaintiffs's Request for production of Documents are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. '/of ~JUl ~~ l' Date 7/1 /~ r ... " ~- .1 L ...:.i-~"~~ """"~'i<ih." KEN1'H, PATTERSON A'I''3'OHNEY AT LAW 2~1 PINE HTIU!:ET HAr~RIRHUHG. PENNSYLVANIA )7101 TEJ..~:J:l)HONli: (717) 238-4100 July 9, 2001 Dawn S. Sunday Attorney At Law 39 West Main Street Mechanic sburg , PA 17055 RE: Joy L. Nixon v. Hilary A. Ni~on No. 2000-6840 Cumberland County Dear Dawn: Enclosed or in a separate enclosu~e that is being delivered to you today are Mr. Nixon's answers to plaintiff's interrogatories (first set) and his response to plaintiff's request for production of documents. ~lso enclosed are the documents that -are being produced. Please note in the response to your document request that Mr. Nixon had but currently can not locate the income tax returns for the years 1999 and 2000. He will send in the appropriate application to the I.R.S. and the PA Department of Revenue to obtain copies. Would you please ask M~S. Nixon if she has copies of the returns and, if so, would you please make copies for yourself and for me and ask her to return the original copies to Mr. Nixon. Please let me know if she bas these copies prior to Mr. Nixon making application to the ta~ing bodies. Thank you for your consideration. Very truly yours, Kent H. Patterson KHP/mad cc: Hilary A. Nixon f3't!+r 6fT :J., ~ "I ,L ,-, - ""I .. (1 ti. --L:ill:~ij!.ll",~'~"; WILLIAM L SUNDAY DAWN S. SUNDAY Attorneys - at - Law 39 West Main Street Ste. 1 Mechanicsburg, PA 17055-6230 Phone (71 7) 766-9622 Phone (717) 71;6-9698 Fax (717) 79:5-7280 January 10,2002 Kent H, Patterson, Esquire 221 Pine Street Hanisburg,PA 17101 RE: Nixon vs. Nixon, Cumberland County Docket No. 2000-6840 Dear Kent, Out of sympathy and consideration of the fact that this is a difficult time for Hilary's family in light of his mother's failing health, Joy Nixon has refrained from moving forward with the divorce proceedings for some time. However, as it has now been six months since your client's partial provision of financial information, we feel it appropriate to finalize the imormation gathering process so that we can submit a proposal for Mr, Nixon's consideration, Specifically, we require the following additional information, all of which was previously requested pursuant to the mterrogatories and Request for Production of Documents: 1, Statements of the TD Waterhouse Account from March through December 2000, for January 2001 and April 2001, and from June 2001 through the present. It may be sufficient for Mr, Nixon to provide 2000 and 2001 "Detailed mcome Statements" similar to the one he had provided for 1999, 2, Statements of the Commerce Bank Account Nos, 0513138453 and 616094091 reflecting all deposits to those accounts (as is shown on the statements for the joint account from April 2000 through the present date). As an alternative, it may be sufficient to provide an official record of all dividends issued since the -date of separation, 3, The State and Federal mcome Tax Returns for 1999 and 2000, It is essential to document the income produced by all of the parties' assets through the present date, Hopefully, your client has already obtained the information which he indicated was not availablle at the time of his initial response in July, Ms, Nixon is willing to use the 2000 ReMax appraisal ofthe marital residence ($157,000,00) as the value for that property. The Century 21 appraisal obtained at the same time was $158,000.00. [f ~t+II3/r 3 " _~I " , " "'-""""~~~,:" Mr. Nixon feels it is necessary to obtain an updated appraisal, please let me know so that the arrangements can be made, I look forward to hearing from you soon with regard to the information requested in this letter and to discuss an amicable resolution of the propeliy issues in general. Sincerely, D~~ DSS/cg cc: Joy L. Nixon ,;1.1" ~ ~ "_I~ --,I ~" . W:iII~" ~~iI":illii.io~!.\,' JOY L. NIXON Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : NO. 2000-6840 Civil Ter.m . . HILARY A. NIXON Defendant . . IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this "')....7~ day of n ' 2002 I, Kent H. Patterson, hereby certify that I this day served the within Defendant's Answer to Plaintiff's Motion to Compel Answers to Interrogatories and production of Documents by depositing a copy of same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to counsel of record for plaintiff as follows: Dawn S. Sunday Attorney At Law 39 West Main Street Mechanicsburg, PA 17055 ~ KeKt H. Patterson Attorney for defendant 221 pine Street Harrisburg, PA 17101 (717) 238-4100 - *~"~~~1llliotw,j~~~~<kJ*,!;liYl'1I1il~~!1-",%,%,j~i:r;,-J'lm::~,J,";,o..A.,,-,,,,,*,,,,,ti;~,,;;,,-''li-"4",..li~'~':'''''';'-''''''''''1/ij':"'''<''^.'' ~,. ,-~,. - . ,~ '^~ --,-","'- ",- ~tiii!Il!~~~(J,\'~~'e!~_~ ~ t 0 a 0 ~;~ 1'",-) Tl --0 -" := ::;:! n , .- ;0 . e,j C/' ,,~ i-n (..,) \_,J - 'C-:: (~ ~'1J T, .' C~ ~, 0 , - >'''-: m \"j -,. '''-1 ~::i ,,) ~ '. <:J -< ~",","' '.- I~ 1 " ~ ~~ ~ II!m ~t>;j_"i'" KENT H. PATIERSON ATTORNEY AT LAW 221 PINE STREET HARRISBURG, PENNsYLVANIA 17101 TELEPHONE (717)238-4100 TRANSMIT'l'AL November 29, 2002 HAND DELIVERED TO: E. Robert Elicker II, Esquire, Divorce Master Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 FROM: Kent H. Patterson RE: Joy L. Nixon v. Hilary A. Nixon No. 2000-6840 Cumberland County Enclosed is the pre-trial statement of defendant Hilary A. Nixon in this case. Thank you. KHP/cvf cc: Dawn S. Sunday, Attorney At Law Hilary A. Nixon "I;" NiKon, Joy L 6270 0 09/27/2002 . . ." . . . NUMBER DESCRIPTION CURRENT YEAR TO DATE TYPE CURRENT YElif:l OOATE 67.50 REGULAR 2068.20 37668,97 FITTAX 466.4 8743.24 7,50 HOLIDAY 229.80 1287.49 HI 33,29 653.21 EMP 211.54 PA TAX 64.29 11257.76 In P P 2103.17 OASDI 142.3 ~i793. 04 PTO 3687.46 MMSHTX 33.3 191. 97 XSLIFE 126.39 MIDTAX 317.13 SUSOPT 10.00 TOTAL GROSS WAGES REDUCTIONS VISION 2298.00 45085.02 2.00 36.00 .,,~. 41 -"'--- ,j , f\..; , ADJUSTED GROSS WAGES '0LJRSo'W~Y'*7~00 AS OF PTO EARNED PTO BAL 2296.00 PAID TIME OFF 4.0500 55.43 45049.02 DISABILITY TOTAL DEDUCTIONS NET PAY 739.69 1B66,35 $1556.31 Y1EMO: I DIRECT DEPOSIT NO. 600152196 .. ... 09/:~7/2002 Capital BlueCross An Independent Licensee of the Blue Cross and Blue Shield Association 2500 Elmerton Ave. . Harrisburg, Pa, 17110 EM2459 Joy L NiKon 1024 M FOKczoft Dz Camp Hill PA 17011 ACCOUNT NUMBER DESCR. AMOUNT E 513180984 NET CHK 1,556,31 NON-NEGOTIABL P L fl- /Iv Tl r-: F j- p fh.t STUd 9/~7/Da- i!!]WATERHOUSE TD Waterhouse Investor Services, Inc. Member NYSE/SIPC 100 Wall Street New York, NY 10005-3701 www.tdwaterhouse.com ACCOUNT STATEMENT ACCOUNT NO. 438-92679-1-7 LAST STATEMENT 03/28/2002 PERIOD ENDING 06/28/2002 PAGE 1 OF 3 .' - = - S2 067 NYNN I 34700 13773 0011003 JOY L NIXON IRA ROLLOVER TD WATERHOUSE BANK CUSTODIAN 1024 W FOXCROFT DRIVE CAMP HILL PA 17011-1235 BRANCH INFORMATION '- 2000 LINGLESTOWN ROAD SUITE 109 HARRISBURG, PA 17110 - - - CUSTOMER SERVICE: (800) 934-4448 ~ .- - ~ --- = CASHJEQUIV TD WATERHOUSE CASH MONEY MARKET ACcr - FDIC MONEY MARKET FUND STOCKS FIXED INCOME OPTIONS MUTUAL FUNDS UNIT INVESTMENT TRUSTS TOTAL PORTFOLIO VALUE THIS PERIOD ~ $1,615.46 100.0 LAST PERIOD .:& $ 1.612.81 100.0 , ASSET ALLOCATION JUNE 2&. 2002 $1,615.46 100,0 $1,612,81 100.0 MARKET MARKET PORT DIV OR EST. ANNUAL ACCT QUANTITY DESCRIPTION SYMBOL PRICE VALUE PCT INT% INCOME CASH & CASH EQUIVALENTS CASH 1,615,46 TO WATERHOUSE CASH 1.000 1.615.46 100.0 0.70 1l TOTAL ACCOUNT 1,615,46 100.0 1l MONEY MARKET INTEREST DMDENDS NON-TAXABLEDMDENDS BOND INTEREST THIS PERIOD YEAR-TO-DATE THIS PERIOD YEAR-TO-DATE $2.65 $5.21 MARGIN INTEREST PAlD DMDENDSCHARGED ACCRUED INT ON PURCHASES F29 pi.. fj-f fJ /J r F r2-ET f 1U::.7Y1E}...) T Mer {dO I 34700 13773 001 ".i,,("__,.,I,c,,'''';7;';~'''''' ,_n" ,,, ""c'-",_-''';."r,;:,.'"1~-l"",>llil!-~~"~~~~W.Mt'II,''''hIH!,,(,twllifr;;14l,m&,,,,cl:a'ii'''iG;!~J.,>#J:Ij~.......:l. IF YOU FIND ANY ERRORS OR OMISSIONS REGARDING YOUR STATEMENT PLEASE CALL (800) 934.4448, '" YOUR ACCOUNT IS CARRIED BY NATIONAL INVESTOR SERVICES CORP, , ~SeMce (1) Please review this Statement carefully. If yru disagree with any transadion, or if there are any errors or omissions on this statement. you must notify our Customer Service Departmert or your local branch office in writing within ten (10) days of your receipt of thiS Statement. This statement will otherwise be deemed conclusive. (2) Trades pending settlement will not appear under the Daily Brokerage Activity heading nor will they affect your portfolio balances, These trades will appear on your next monthly statement as settled transactions. (3) ReaSe rotfy LE pomp:ly by calfng CT h wiling ct any chang;! d aoorex; a !=hOle rumbEr(s). Remembertoct'angeall of ycur accoui15 atTO W81.€rt1oJse Irwestcr Services, Inc. nD WaterhJU58'), (4) If this statement shows that we have mailed or delivered serunty certificate(s) that you have net received, notify your branch office immediately in writing. We will arrange for a stop order and replacement certificate(s), If you do not notilj us promptly, you may be responsible I for contacting the transfer agent directly for replacement Account Types LEGL = Legal SHRT = Short Account MiSe = All Others CASH MRGN INCM Cash Account Margin Account Income Account Headings Income/Expense Summary - A summary of your monthly and year-ta-date dividend, band interest. other types of income. and margin interest. Portfolio Value Summary - The value of your portfolio at tile period ending date. cate- gorized by investment type, Values do not include unpriced securities, Portfolio Positions - A listing of securities in your account that have settled on or prior to the statement date and a listing of securities sold in your account that have not yet been received by us or that have been sold short Also includes a listing of your TO Waterhouse Bank, N.A. ("TDWB") money market deposit account or any cer- tificates of deposit held as of statement date. Trades Pending - A listing, by settiement date, of securities or certificates of deposit bought or sold that will settle on the next monthly statement. Open Order Details - A listing of all Good Through 60 Day orders in effect as of the closing date of the statement. IRA Information - A listing of contributions to, and distributions from, your IRA account. Monthly Activity Summary - A quick summary of the credit and debit activity in your account dUring the month. Securities Purchased and Sold - A listing, by settlement date, of all securities bought and sold, Checks Issued and Deposited - A listing of all checks paid and receIVed in chrono. logical order. Dividend and Interest Activity - A chronologica! listing of all dividends and interest paid or charged to your account. Money Market Activity - A listing of your money market mutual funds and/or FOIC- insured TOWB money market deposit account. in date order, along with tile daily closing balance. ATMNISA Check Card Activity - A list of your card activity, in date order. as post- ed to your account. Investors Money Management Activity - A listing of checks you have drawn against your brokerage account in check number order. Other Debits and Credits Activity - A chronological listing of all miscellaneous debit and credit activity in your account. Chronological Recap of Above Monthly Activity - A listing of all your transactions for the month. in date order, along with the daily closing balance in your account. Position Pricing Method Prices for securities are as of the close of business on statement date. or the most repre- sentative price available on that date, Although prices are obtained from sources which are deemed to be reliable, we cannot guarantee their accuracy. Prices for unlisted bonds are approximations, not actual market bids, and are provided only as a general gUide, They are based upon a computerized pricing model and do not necessarily reflect the actual market price. Investment decisions should be made only after contacting your Account Officer for an actual quote. Unpriced securities are shown as NP (not priced). Margin Accounts (1) This Is a combined statement of your margin account and special memorandum account maintained for you under Section 220.6 of Regulation T, Issued by the Board of Governors of the Federal Reserve System. The permanent record of the special memorandum account. as required by Regulation T. is, available for your inspection upon request. (2) Interest is computed from the last business day of the prior montll to the next to last business day of the current month. When calculating margin interest free credit bal- ?nces in all accounts will be offset against any debit in the margin account and the Interest Will be charged on the average daily net debit balance based on an interest year of 360 days. Abbreviation Description Abbreviation Description ASG Assigned INT . ... ,... .. ,. Interest CHK Check JNL ,." , . . . . . . . Journal CONV ... Conversion MARK . . . , . . . . . , Mark to Market DEL Delivered POS Point of Sale DEP Deposit REC Received DIV Dividend REIN Reinvest EXR Exercise WORL . . , , . . . . , . Withdrawal TDW-1316 Rev. 02101 --~ ?,," .~ 0'. ~ _ '"~" Option Accounts (1) Further information with respect to commissions and other charges related to the exe- cution of options transactions has been included in confirmations of such transactions pre- viously furnished to you and will be made available promptly upon request (2) You should advise us promptly of any material changes in your investment objectives or financial situation. (3) Exercise assignment notices for optiOn contracts are allocated among customer short positions pursuant to a procedure that randomly selects those contracts which are subject to exercise from among all customer short option positions, including positions estab. lished on the day of assignment. All short positions are liable for assignment at any time, A more detailed description of our random allocation procedure is available upon request. Important Information (1) Any free credit balance, including TO Waterhouse Cash, represents funds payable upon demand which, although properly accounted for on our books of record. are not segregated. and may be used in the conduct of this firm's business as permissible under Securities and Exchange Commission Rule lSc3-2. (2) We wiil hold bonds and preferred stocks in bulk segregation, In the event of a call for less than an entire issue or series of these securities. the securities to be called will be automatically selected on a random basis from those held in bulk. A copy of the proce- dures used for random seiection is available upon request. The probability that your secu. rities will be selected is proportional to the amount of your holdings relative to those of our other clients held in bulk, (3) Estimated annual income figures are derived from standard statistical sources not pre- pared by us. We do not guarantee the accuracy of such information. As the figures are sub- ject to change at any time, they should nOl be relied upon for investment or trading decisions. (4) We are required to report to the Internal Revenue Service on Form 1099 all cash divi. dends and bond interest credited to your account on securities held for you in our name. We also report the proceeds of all sales of securities (including short sales) on Form 1099-B, (5) Your brokerage account is carried by National Investor Services Corp. ("NISC"), an affiliate of TO Waterhouse. Any inquiries regarding positions and balances only, may be directed to NISC through 1-800-934-4448. All other inquiries regarding your account or the activity therein should be directed to TD Waterhouse (6) TO Waterhouse, through its affiliate NISC, directs customer orders to exchanges and market makers based on an analysis of their ability to provide rapid and quality executions. These market participants execute orders at a price equal to or better than the displayed national best bid/best offer. Our policy also assul'es that these market participants provide our customer orders with the opportunity for price improvement and limit order protection. NI$C and TD Waterhouse receive remuneration for directing customer orders to these market participants, the source and amount of which is available upon written request. (7) Our financial statement is available for your personal inspection at our office. or a copy of it will be mailed to you upon your written request. (8) TO Waterhouse Bank. NA is an affiliate of TD Waterhouse. Dividend and Interest Information The Income/Expense Summary is meant as an investment aid, not as a substitute for year-end tax forms such as the 1099. Taxable and non-taxable designations refer to fed. erai income tax status. Please note: not all of the following categories will appear on your statement. only those that apply to you. Taxable Dividends - Dividends received from stocks and taxable mutual funds and money market funds. Non-Taxable Dividends - Dividends received from tax-free mutuai funds. money mar- ket funds and other tax~free Investments. Taxable Bond Interest - Interest received on corporate bonds, treasu"ries. GNMAs, CDs and commercial paper, Non-Taxable Bond Interest - Interest on certain non-taxable governmenHelated Issues, Non-Taxable Muni-Bond Interest - Certain municipal bond issues may be subject to alternative minimum tax. T_axable Muni-Bond Interest - Interest received on certain municipal bonds that are conSidered taxable by the IRS. Liquidations - Taxable distributions from stocks resulting from corporate liquidations. Capital Gains - Capital Gains distributions from stocks and mutual funds that are tax. able. MLP Distributions - Distributions reported to the IRS directly by the Partnership, You will receive a Kl form from the partnership TOWS Money Market Interest - Interest received on an FDIC-insured TO Waterhouse ,Bank. N,A, money market deposit account. Dividend Reinvestment Plan (DRP) ORP transactions were effected by NISC acting as agent except for reinvestment of The Toronto-Dominion Bank (TO) dividends for which an independent broker/dealer acted as buying agent. The time of these transactions, the exchange upon which these transac- tions occurred and the name of the person from whom the security was purchased will be furnished upon written request Deposits & Securities Deposits made into a TD Waterhouse Bank. NA money market account or certificate of deposit are insured by the FDIC up to $100,000. Securities, including mutual funds, held in your Brokerage Account are not deposits or obligations of, or guaranteed by, any bank, are not FDIC-insured, and involve investment risks, including possible loss of principa I. Please Retain This Statement This statement contains information that may be needed to enable you to prepare your tax returns. 831 ~ Ii1 WATERHOUSE TD Watcl-house Investor Services, Inc. Member NYSE/SIPC 100 Wall Street New York. NY 10005-3701 www.tdwaterhouse.com ACCOUNT STATEMENT ACCOUNT NO. 438-92679-1-7 CUSTOMER NAME JOY L NIXON PERIOD ENDING 06/28/2002 PAGE 2 OF 3 DESCRIPTION ROLLOVER CONTRlBUTION 2001 AMOUNT ] ,573.07 DESCRIPTION AMOUNT - ~ MONTID.Y ACTIVITY - INFORMATION TO BALANCE YOUR ACCOUNT - - , . DEBITS DlVIDENDIINTEREST CHARGED MONEY MARKET FUNDS PURCHASED TOTAL DEBITS $ 0.00 2.65 $2.65 CREDITS D1VIDENDIINTEREST INCOME MONEY MARKET FUNDS SOLD TOTAL CREDITS $ 2,65 0.00 $2.65 OPENING BALANCE $0,00 + NET ACFIVITY $0.00 ~ CLOSING BALANCE BROKERAGE ACCOUNT $0,00 MONTIIT..Y ACTIVITY BY ABOVE CATEGORY CASH 04/30 INTEREST TO WATERHOUSE CASH 0,95 MONTHLY INTEREST CASH 05131 INTEREST TO WATERHOUSE CASH 0.89 MONTHLY INTEREST CASH 06128 INTEREST TD WATERHOUSE CASH 0.81 MONTHLY INTEREST TOTAL 2,65 DATE ENTRY DESCRIPTION AMOUNT BALANCE I OPENING BALANCE MONEY MARKET FUND 1,612.31 04/30 REINVEST TO WATERHOUSE CASH 0,95 1,613.76 MONTHLY INTEREST REINVESTED 05/31 REINVEST TD WATERHOUSE CASH 0,89 1.614.65 MONTHLY INTEREST REINVESTED 06128 REINVEST TD WATERHOUSE CASH 0.81 1,615.46 MONTHLY INTEREST REINVESTED CLOSING BALANCE MONEY MARKET FUND 1,615.46 F29 34701 13773 002 ~1hM~W~il.j;i',\}.tI\l$_\*-'~~ftilli'i.itt-'!i~.k;i~),'I'};.'__'-':..'^ _~b'B'~"J'l5,Ctl~ii!~:fii!Iii~lli~jtiliijil~.idlli.hl'~I:!lUiabj!~~i1~IM!llIl~:"ti-"'""-It,,,,~~..~~~~~ IF YOU FIND ANY ERRORS OR OMISSIONS REGARDING YOUR STATEMENT PLEASE CALL (800) 934-4448,_ YOUR ACCOUNT IS CARRIED BY NATIONAL INVESTOR SERVICES CORP, C>9>nerSenrice (1) Please review this Statement carefully, If you disagree \/\lith any transaction, or if there are any errors or omissions on this statement. you must notify our Customer Service Department or your local branch office in writing within ten (10) days of your receipt of this Statement. This statement will otherwise be deemed conclusive (2) Trades pending settlement will not appem under the Daily Brokerage Activity heading nor will they affect your portfolio balances. These trades will appear on your next monthly statement as settled transactions. (3) Rea9i:! rotfy L5 pnmf1ly by cali1g cr i1 IMiting d any change of actJress a fXlGle rurrt€r(s). Remembertocrangeall ofyrur accounts atID WatErhaJse Investcr Seivices, Inc. (TO Watertouse') (4) If this statement shows that we have mailed or delivered security cerbficate(s) that you have net received, notify your branch office immediately in writing, We will arrange for a stop order and replacement cert~icate(s). If you do not roOfy us promptly, you may be responsible for contacting the transfer agent drecUy for replacement, CASH MRGN INCM Cash Account Margin Account Income Account Account Types LEGL SHRT MISC Legal Short P.ccount All Others Headings Income/Expense Summary - A summary of your monthly and year-to-date dividend, bond interest other types of income, and margin interest. Portfolio Value Summary - The value of your portfolio at the period ending date, cate- gorized by investment type. Values do not include unpriCed securities Portfolio Positions - A listing of securities in your account that have settled on or prior to the statement date and a listing of securities sold In your account thai have not yet been received by us or that have tJeen sold short, Also includes a listing of your TO Waterhouse Bank. NA ("TOWS") money market deposit account or any cer- tificates of deposit held as of statement date Trades Pending - A listing, by settlement date, of securities or Gertificates of deposit l10ught or sold that will settle on the next monthly statement. Open Order Details - A listing of all Good Through 60 Day orders in effect as of the closing date of the statement. IRA Information - A listing of contributions to. and distributions from, your IRA account. Monthly Activity Summary - A quick summary of the credit and debit activity in your account during the month, Securities Purchased and Sold - A listing. by settlement date, of all securities bought and sold. Checks Issued and Deposited - A listing of all checks paid <:Ind received in chrono- logical order Dividend and Interest Activity - A cllronologicallisting of all dividends and interest paid or charged to your account. Money Market Activity - A listing of your money market mutual iunds and/or FoIC- insured TOWS money market deposit account. in date order, along with the daily closing balance. ATMNISA Check Card Activity - A list of your card activity, in date order, as post- ed to your account. Investors Money Management Activity - A listing of checks you have drawn against your b;okerage account in check number order. Other Debits and Credits Activity - A chronological listing of all miscellaneous debit and credit activity in your account. Chronological Recap of Above Monthly Activity - A listing of all your transactions for the month. in date order. along with the daily closing balance in your account. Position Pricing Method Prices for securities are as of the close of business on statement date. or the most repre- sentative price available on that date. Although prices are obtained from sources which are deemed to be reliable, we cannot guarantee their accuracy, Prices for unlisted bonds are approximations, not actual market bids, and are provided only as a general guide. They are based upon a computerized pricing model and do not necessarily refiect the actual market pnce, Investment decIsions should be made only after contacting your Account Officer for an actual quote, Unprlced securities are shown as NP (not priced). Margin Accounts (1) This is a combined statement of your margin account and special memorandum account maintained for you under Section 220,6 of Regulation T. issued by the Soard of Governors of the Federal Reserve System, The permanent record of the special memorandum account, as required by RegulaUon T, is available for your inspection upon request. (2) Interest is computed from the last business day of the prior month to the next to last bUSiness day of the current month. When calculating margin interest free credit bal. ances in ~II accounts will be offset against any debit in the margin account and the Interest Will be charged on the average daily net debit balance based on an interest year of 360 days Abbreviation Description Abbreviation Description ASG . . Assigned INT . .. . ,. ... ... Interest CHK Check JNL . .. .. . Journal CON V . . Conversion MARK , . . . . . . . , . Mark to Market DEL Delivered POS Point of Sale DEP Deposit REC Received DIV Dividend REIN Reinvest EXR Exercise WDRL ......... . Withdrawal TDW-1316 Rev. 02/01 '''--'.''",~""""",, .~ ~ H~f," .. ~~- ~" < Option Accounts (1) Further information with respect to commissions and other charges related to the exe- cution of options transactions has been included In confirmations of such transactions pre- viously furnished to you and will be made available promptly upon request. (2) You should advise us promptly of any material changes in your investment objectives or financial situation. (3) Exercise assignment notices for option contracts are allocated among customer short positions pursuant to a procedure that randomly selects those contracts which are subject to exercise from among all customer short option positions, induding positions estab- lished on the day of assignment. All short positions are liable for assignment at any time A more detailed description of our random allocation procedure is available upon request. Important Information (1) Any free credit balance, Including TO Waterhouse Cash, represents funds payable upon demand which, although properly accounted for on our books of record, are not segregated, and may be used In the conduct of this firm's business as permissible under Securities and Exchange Commission Rule 15c3.2, (2) We will hold bonds and preferred stocks in bulk segregation. In the event of a call for less than an entire issue or series of these securities, the securities to be called will be automatically selected on a random basis from those held in bulk, A copy of the proce. dures used for random selection -is available upon request. The probability that your secu. rities will be selected is proportional to the amount of your holdings relative to those of our other clients held in bulk, (3) Estimated annual income figures are derived from standard statistical sources not pre- pared by us. We do not guarantee the accuracy of such information, As the figures are sub- ject to change at any time, they should not be relied upon for investment or trading decisions. (4) We are required to report to the Interna! Revenue Service on Form 1099 all cash divi- dends and bond interest credited to your account on securities held for you in our name. We also report the proceeds of all sales of securities (Including short sales) on Form 1099.B. (5) Your brokerage account is carried by National Investor Services Corp, CNISC"}, an affiliate of TO Waterhouse. Any inquiries regarding positions and balances only. may be directed to NISC through l-800-934-4448. All other inquiries regarding your account or the activity therein should be directed to TD Waterhouse. (6) TO Waterhouse. through its affiiiate NISC. directs customer orders to exchanges and market makers based on an analysis of their ability to provide rapid and quality executions, These market participants execute orders at a price equal to or better than the displayed national best bid/best offer. Our policy also assures that these market partiCipants provide our customer orders with the opportunity for price improvement and limit order protection. N1SC and TO Waterhouse receive remuneration for directing customer orders to these market participants. the source and amount of which Is available upon written request. (7) Our financial statement is available for your personal inspection at our office, or a copy of it will be mailed to you upon your written request. (8) TD Waterhouse Bank. NA is an affiliate of TO Waterhouse. Dividend and Interest Information The Income/Expense Summary is meant as an investment aid, not as a substitute for year.end tax forms such as the 1099, Taxable and non-taxable designations refer to fed- eral income tax status. Please note: not all of the fallowing categories will appear on your statement. only those that apply to you. Taxable Dividends - Dividends received from stocks and taxable mutual funds and money market funds, Non.Taxable Dividends - Dividends received from tax-free mutual funds. money mar- ket funds and other tax-free investments. Taxable Bond Interest - Interest received on corporate bonds, treasuries, GNMAs, CDs and commercial paper. Non. Taxable Bond Interest - Interest on certain non-taxable government-related Issues. Non-Taxable Muni.Bond Interest - Certain municipal bond issues may be subject to alternative minimum tax - Taxable Muni.Bond Interest - Interest received on certain municipal bonds that are considered taxable by the IRS Liquidations - Taxable distributions from stocks resulting from corporate liquidations, Capital Gains - Capital Gains distributions from stocks and mutual funds that are tax- able, MLP Distributions - ~istributions reported to the IRS directly by the Partnership. You will receive a Kl form from the partnership. TOWa Money Market Interest - Interest received on an FDIC-insured TO Waterhouse . Bank, N.A money market deposit account. Dividend Reinvestment Plan (ORP) ORP transactions were effected by NISC acting as agent except for reinvestment of The Toronto-Dominion Bank (TO) dividends for which an independent broker/dealer acted as buying agent. The time of these transactions, the exchange upon whIch these transac- tions occurred and the name of the person from whom the security was purchased will be furnished upon written request. Deposits & Securities Deposits made into a TO Waterhouse Bank, NA money market account or certificate of depo;;it are insured by the FDIC up to $100,000, Securities, including mutual funds, held In your Brokerage Account are not deposits or obligations of, or guaranteed by, any bank, are not FDIC-insured, and involve investment risks, including possible loss of principa I. Please Retain This Statement This statement contains information that may be needed to enable you to prepare your tax returns 831 _.. " " " 1m WAlERHOUSE TD Waterhouse Investor Services, Inc. Member NYSE/SlPC 100 Wall Street New York, NY 10005-3701 www.tdwaterhouse.com ACCOUNT STATEMENT See the Big Picture! With accounts at different firms. it may be difficult to determine if your portfolio meets your overall investment objectives. When you move your accounts to TO Waterhouse - and use our online tools such as Portfolio Planner and Retirement Advisor - you know you'll see the bigger financial picture. Just call us at 1-800-934-4448 to request an Account Transfer Form. F29 34702 \3773 oro !i1r'''''~'-'''''~ ~'iIii.~~~ilfl~jI/8#\!il'iI~I~~!ii{i1<i'IK~!f#;f!F,"~ ~f'''",_~..ll, ",~,. /-"""'hoi",'$'Jl~~~.Ii:Ifi~HIil.~~'~Kifi,~~r;o0'~~IiBiI,~'iii,'!~illi..~"",dt'I'.i&.h;~~m,j,_.' <~,,,'__,..~O"~ IF YOU FIND ANY ERRORS OR OMISSIONS REGARDING YOUR STATEMENT PLEASE CALL (800) 934.4448, YOUR ACCOUNT IS CARRIED BY NATIONAL INVESTOR SERVICES CORP, ., , QSxnerSenrice (1) Please review this Statem~nt carefuUy. If yoo disagree \<\lith aoy transaction, or if there are any errors or omissions on this statement. you must notify our Customer Service Department or your local branch office in writing within ten (10) days of your receipt of this Statement. ThiS statement will otherwise be deemed cooclusive, (2) Trades pending settlement will not appear under the Daily Brokerage Activity heading nor will they affect your portfolio baiances, These trades will appear on your next monthly statement as settled transactions. (3) Rease rotty 1E pumply by callilg cr i1 wiling d any d1an~ ci ac:t!ress cr {J1CIle runiJer(s). Rememoo-todEngeall of yrur accoun1s at TO Watffhc:use IrwesIrr Services, Inc. fTDWaterhJL5e'1. (4) If thiS statement shows that we have mailed or delivered seOJrity certificate(s) that you have not received, notify your bran:::h cifice immediately in writing, We will arrange for a stop order ard replacement certificate(s). If you 00 not mtify us promptly, you may be responsible for contacting the transfer agEmt directly for replacement. CASH MRGN INCM Cash Account Margin Account Income Accout'tt Account Types LEGL SHRT MISC Legal Short Account All Others Headings Income/Expense Summary - A summary of your' monthly and year.to-date dividend, bond interest. other types of income, and margin interest. Portfolio Value Summary... The value of your portfolio at the period ending date, cate- gorized by investment type, Values do not indude unpriced secunties, Portfolio Positions - A listing of securities in your account that have settled on or prior to the statement date and a listing of securities sold in your account that have not yet been received by us Or that have been sold short Also includes a listing 'of your TD Waterhouse Bank. NA CTOWB") money market deposit account or any cer. tificates of deposit held as of statement date. Trades Pending - A listing, by settlement date, of securities or certificates of deposit bought or sold that will settle on the next monthly statement. , Open Order Details - A listing of all Good Through,60 Day orders in effect as of the closing date of the statemant, IRA Information - A liSting of contributions to, and distributions from, yeur IRA account. Monthly Activity Summary _ A quick summary of the credit and debit adtivity in your account during the month. Securities Purchased and Sold - A listing, by settlement date. of all securities bought and sold. Checks Issued and Depo!Sited - A listing of all checks paid and received in chrono. logical order, Dividend and Interest AC!jvity - A chronoiogicallisting of all dividends and interest paid or charged to your ac:count. Money Market Activity - A listing of your money market mutuai funds andfor FDIC. insured TOWS money mqrket deposit account in date order, along with the daily closing balance. ATMNISA Check Card Activity - A list of your card activity. in date order. as post- ed to your account. Investors Money Management Activity - A iisting of checks you have drawn against your brokerage aCcount in check number order Other Debits and Credits Activity - A chronological listing of all miscellaneous debit and credit actIvity In your <:lccount. Chronological Recap of Above Monthly Activity - A listing of ali your transactions for the month, in date order. along with the daily closing balance in your account. Position Pricing Method Prices for securities are as of the close of business on statement date, or the most repre- sentative price available 011 that date. Although prices are obtained from sources which are deemed to be reliable, we cannot guarantee their accuracy. Prices for unlisted bonds are approximations, not actual market bids, and are provided only as a general guide, They are based upon a computerized pricing model and do not necessarily reflect the actual market price. Investment decisions should be made only after contacting your Account Officer for an actual quote. Unpriced securities are shown as NP (not priced). Margin Accounts (1) This is a combined statement of your margin account and special memorandum account maintained for yOu under Section 220,6 of Regulation T, issued by the Board of Governors of the Fed~ral Reserve System. The permanent record of the special memorandum account, as required by Regulation T, is available for your inspection upon request (2) ~nterest is computed from the last business day of the prior month to the next to last buslne~s day of the cur:Elnt month, When calculating margin interest free credit bal- ances In ~II accounts Will be offset against any debit in the margin account and the Interest Will be charged an the average daily net debit balance based, on an interest year of 360 days Abbreviation Desc;ription Abbreviation Description ASG ASSigned INT <. Interest CHK Ch€!ck JNL ,..., ,... ... Journal CONV . , Conversion MARK . Mark to Market DEL Delivered pas ."....,... Point of Sale DEP Deposit REC Received D/V, Dividend REIN Reinvest EXR Exercise WORL . . . , . , , , Withdrawal TDW~1316 Rev. 02/01 ["""';__0, ~ ,"_ "~ ^^--,- - G_ '". '-".' ~ r_~,", ,C ~ ,~ ^ ~ Option Accounts (1) Further information with respect to commissions and other ch~rges related to the exe. cution of options transactions has been included in confirmations of such transactions pre- viously furnished to you and will be made available promptly upon request. (2) You should advise us promptfy of any material changes in your Investment objectives or financial situation. (3) Exercise assignment notices for option contracts are allocated among customer short positions pursuant to a procedure that randomly selects those contradS which are subject to exercise from among all customer short option posItions. including positions estab- lished on the day of assignment. All short positions are liable for assignment at any time. A more detailed description of our random allocation procedure is availabie upon request. Important Information (1) Any free credit balance, including TO Waterhouse Cash. represents funds payable upon demand which, although properly accounted for on our books of record, are not segregated, and may be used in the conduct of this firm's business as permissible under Securities and Exchange Commission Rule 15c3-2. (2) We will hold bonds and preferred stocks in bulk segregation. In the event of a call for less than an entire issue or series of these securities, the securities to be called will be automatically selected on a random basis from those held In bulk. A copy of the proce- dures used for random selection is available upon request. The probability that your secu- rltles will be selected is proportional to the amount of your holdings relative to those of our other clients held in bulk, (3) Estimated annual Income figures are derived from standard statistical sources not pre- pared by us. We do not guarantee the accuracy of such information. As the figures are sub- ject to change at any time, they should not be relied upon for Investment or trading decisions, (4) We are required to report to the Internal Revenue Service on Form 1099 all cash divi- dends and bond Interest credited to your account on securities held for you in our name. We also report the proceeds of all sales of securities (including short sales) on Form 1099-8, (5) Your brokerage account is carried by National Investor Services Corp, CNISC), an affiliate of TO Waterhouse, Any inquiries regarding positions and balances only. may be directed to NISC through 1-800-934-4448. All other inquiries regarding your account or the activity therein should be directed to TD Waterhouse. (6) TO Waterllouse, through its affiliate NISC, directs customer orders to exchanges and market makers based on an analysis of their ability to provide rapid and quaHty executions, These market participants execute orders at a price equal to or better than the displayed national best bid/best offer. Our policy also assures that the$e marker participants provide our customer orders with the opportunity for price Improvement and limit order protection. NISC and TO Waterhouse receive remuneration for directing customer orders to these market participants, the source and amount of which is available upon written request. (7) Our financial statement is avaiiable for your personal inspection at our office. or a copy of it will be mailed to you upon your written request (8) TO Waterhouse Bank. NA is an affiliate ofTO Waterhouse. Dividend and Interest Information The Income/Expense Summary is meant as an investment aid, not as a substitute for year.end tax forms such as the 1099, Taxable and non-taxable designations refer to fed- era! income tax status. Please note: not all of the following categories will appear on your statement, only those that apply to you Taxable Dividends - Dividends received from stocks and taxable mutual funds and money market funds. Non-Taxable Dividends - Dividends received from tax.free mutual funds, money mar- ket funds and other tax-free Investments Taxable Bond Interest - Interest received on corporate bonds. treasuries, GNMAs. CDs and commercial paper. Non-Taxable Bond Interest - Interest on certain non.taxable government-related Issues. Non-Taxable Muni.Bond Interest - Certain municipal bond Issues may be subject to alternative minimum tax. Taxable Muni.Bond Interest - Interest received on certain municipal bonds that are considered taxable by the IRS, liquidations - Taxable distributions from stocks resulting from corporate liquidations. Capital Gains - Capital Gains distributions from stocks and mutual funds that are tax- able, MlP Distributions - Distributions reported 10 the IRS direcUy by the Partnership. You will receive a K1 form from the partnership. TDWB Money Markel Interest - Interest received on an FDIC-insured TO Waterhouse . Bank. N,A money market deposit account. Dividend Reinvestment Plan (DRP) ORP transactions were effected by NISC acting as agent except for reinvestment of The Toronto-Dominion Bank (TO) dividends for which an independent broker/dealer acted as buying agent. The time of these transactions, the exchange upon which these transac- tions occurred and the name of the person from whom the security was purchased will be furnished upon written request. Deposits & Securities Deposits made into a TO Waterhouse Bank, NA money market account or certificate of deposit are insured by the FDIC up to $100.000. Securities, including mutual funds, held in your Brokerage Account are not deposits or obligations of, or guaranteed by, any bank, are not FDIC-insured, and involve investment risks, including possible loss of principal. Please Retain This Statement This statement contains information that may be needed to enable you to prepare your tax returns. B31 . ,.. ',~-- " ~ ~ ~ ;:; ~ o o o N ~ ~ m N := o o o o o o ~ n ;5 N N -- == -- - - - -- - - !!!!!!!!! -- -- -- = -- !!!!!!!!! !!!!!!!!! ~ . , I I.. - ~ , ~~ _w.iJ~"""""""'~"" nLmcoln Annuity Quarterly Statement 4/1/02-6/28/02 Financial Group" PO Box 2340 Fort Wayne IN 46801-2340 29962 JOY L NIXON 1024 W FOXCROFT DR CAMP HILL PA 17011-1235 Annuitant: Nixon Joy L MultiPund@ contract number: 96-9081004 Contract eflective d~te: 10/2/95 Plan type: 403 (b) Tax Delerred Questions? Call your agent, Richard B IDler, in Camp Hill PA at (71'7)763- 7971, or Lincoln Life at 800-4LINCOLN (800-454-6265), Value- Summary Dol/ar Value as of4/1/02 Nel activity Unit value Number of units 6/28/02 6j28/0~ Gain / Loss 4/1/02-6/28/02 Dollar Value as of 6/28/02 Growth and Inc $ 534.32 $ .00 9,040687 50,9930 -$ 73,31 $ 461.01 Your surrender value is $442.57 as 01 the end 01 the reporting period, This amount is your value as of 6/28/02 reduced by a charge that would apply if you cashed in your contract. Reier to your contract for possible surrender charge exceptions. As 01 6/28/02, your contract record shows that your future contributions will be allocated 100% to the Growth and Inc fund, Total cOIltributions to date are $314,91. Withdrawals (excluding sales charges and annual fees) to date are $0,00, Value by Employer Employee source of discretionary mandatory Total conlribulions as of6/28/02, $345.76 $115,25 $461.01 New Lincoln Life Subaccount April through June 2002 July through September 2002 Contribution Interest Ra tes Fixed. Account 4,90% 4,80% The new contribution interest rate to the Fixed Aa:ount is for the quarter ~f contribution, plus 3 quarters, Of Interest to You Effective July 1, 2002, Delaware Management Company assumed the day-to-day investment management of the Lincoln National Growth and Income Fund, Delaware Management Company, together with affiliates, manages more than $84 billion, To learn more about this change and Delaware Management Company, please see the prospectus, www.lincolnretirement.compI-If/JUT!FFtZ.-.erlfl.f:-11167Jr J4t:cT 'i:I:~ Lincoln Financial Group is the marketing name for Lincoln National Corporation and its affiliates. Page 1 of 2 -woI--" ~ L...~~_. ~~ L~ I, b<:L~ ~""'W~'*iil'IK"-;J[';"o n'Lmcoln Financial Group'" Multi-FundGll Variable Annuity performance, June 28, 2002 Average annualized total return (assuming no withdrawals) Investment Year One year Three years Five yeats Ten years Sinte option to dale 61281200110 6/28/199910 61281199710 612811992 to inception Investment option name inception date Manager 6/28/2002 6/2812002 6/2812002 6/28/2002 6/2812002 612812002 Aggressive Growth 213/1994 Putnam Investments -19.8% -32.4% -11.6% -4.9% N/A 1.1% AMT Mid-Cap Growth 11(3/1997 Neuberger Berman -17.6 -28.7 -6.4 N/A N/A 7.2 Aspen Worldwide Growth2 9/1'3/1993 Janus -13.5 -22,8 -7.0 3.3 N/A 11.9 AVP Technology' 1/11/1996 Allian~e Capital .29,8 -39.3 -15.3 2.6 N/A 4.1 Capital Asset 3 1011/1998 Baron -1.6 -2.9 6.0 N/A N/A 18.3 iJi DGPF Trend 3 12/27/1993 Delaware Investments -11.4 -18.5 -1,4 8.8 N/A 11.0 ~ Health Sciences' 51111998 Putnam Investments -15.4 -19.5 -1.8 N/A N/A -1.1 w :;; Small Cap Index' 8/25/1997 Deutsche Asset Management -5.4 -9.6 0.3 N/A N/A 1.9 e; 0 0 AFI5 Growth 2/8/1984 American Funds -17.7 -26.8 -4.5 10.5 13.4% 13.5 N ~ ~ AFIS International 2 5/1/1990 American Funds -3.2 -13.0 .4.0 2.7 7.9 7.3 N 0 AMT Partners 3/22/1994 Neuberger Berman -10.3 -12,7 -6.7 1.3 N/A 9,1 N ~ AVP Growth 9/15/1994 Alliance CapItal -19,2 -27,4 -16.7 -0.4 N/A 8,7 0 0 0 0 Capital Appreciation 2/3/1994 Janus -16.3 -30.1 -13.9 1.8 N/A 7,7 0 0 DGPF Small Cap Value' 12/27/1993 Delaware Investments 7,9 9.9 8.4 6,9 N1A 11.1 ~ ~ ~ Equity 500 Index 10/1/1997 Deutsche Asset Management .13.8 -19.2 -10,3 N/A N/A 0.8 ~ N N International 2 5/1/1991 Delaware Investments 4,4 -1.1 -0.5 2,8 6.8 5.9 Social Awareness 5/2/1988 Vantage Investment Advisers .13.3 -18.5 -8,7 2.4 11,2 11.6 Special Opportunities 12/28/1981 Vantage Investment Advisers 2.3 0.8 3.0 6.3 11.3 11.8 Utilities4 1/311995 MFS Investment Management -20.4 -33,2 -9.0 2.4 N/A 9.3 VIP Growth 1019/1986 Fidelity Investments -19.7 -27.2 -11.7 2.8 10.4 10,5 VIP II Contrafundtl 1/3/1995 Fidelity Investments -1.3 -4,4 -4,2 6.4 N/A 13.1 DGPF Growth & Income 7/28/1988 Delaware Investments -6.8 -9.8 -3.7 2.7 10.0 8.5 DGPF Real Estate (REIl)' 5/111998 Delaware Investments 13.6 15.6 13.6 N/A N/A 8,2 Equity-Income 2/3/1994 Fidelity Investments -8.8 -12.5 .3.8 3.5 N/A 10,1 Global Asset Allocation2 8/3/1987 Putnam Investments -5.1 .82 -4.6 1.1 7.Q 7.0 Growth and Income 12128/1981 Goldman Sachs Asset Management -14.1 -18.6 -10.6 0.9 8.9 11.3 -- Managed ~7/1983 Vantage Investment Advisers -6.5 -8,0 -2,8 3.0 7.4 8.7 - -- Bond 12/28/1981 Delaware Lincoln Investment Advisers 2.7 7.7 6.5 6.0 6,1 9.0 - - DGPF Global Bond' 5/111996 Delaware Investments 12.8 18,7 2.7 2.6 N/A 3.7 == -- Money Market T 1 lnt1982 Delaware Lincoln Investment Advisers 0.3 1.2 3.4 3.6 0.3 5.2 - - - """'" t 7-<Jay yield ending 6/2112002: 0,34% -- -- -- = - """'" """'" - '-,. .. PRINCIPAL LIFE INS, CO, P.O. BOX 9394 DES MOINES, fA 50306-9394 HEALTH RISK MANAGEMENT, INC. 401(K) SALARY SAVINGS PLAN 001369 JOY L NIXON 1 2811 FAIRVIEW RD CAMP HILL, PA 17011 Contract Number 4-44803 Social Security Number 185-44-0280 Here is a summary of your account information from January 1, 2002 to March 31, 2002. YOUR VESTED ACCOUNT BALANCE $5,281.84 S4,9SS.97 94% _ Stable . Other YOUR TOTAL ACCOUNT BALANCE $5,281.84 $297.67 6% This report period 01/01/2002 - 03131/2002 = 0.49% This is the percentage change, weighted for transactions, of your individual accounts and your entire retirement plan portfolio over the time period of this report. It takes into consideration deposits, transfers, withdrawals, expenses, and unn value changes or interest credited at the time of the calculation. Past results do not predict future results. Because different investments grow at different rates, your current investment allocation may no longer correspond WITh your original plan, so it is a good idea to review your plan annually. You may need to redistribute some money to bring your investment allocation back in liAe with your origi~al plan. DALBAR, one of the nation's leading independent financial services research finns, has once again honored our retirement plan statements with its prestigious Communications Seal of Excellence. The honor is one of the industry's highest rankings for participant communications. The Principal@ recently earned a place among the natIon's top ten defined contribution service providers on a survey by PLANSPONSOR Magazine, The survey awarded us 13 awards, Including four top-rated awards for our communication materials, clarity of statements, loan withdrawal turnaround time, and our overall sponsor services. Please review this report and notify us of any discrepancies within 60 days. After 60 days, corrections will be made on a current basis. WE UNDERSTAND WHAT YOU'RE WORKING FOR'''' N~ed more information: or account portfolios, visit us at: ~ ~~~ial ~. ... 1 The Principal Retirement 'rf1'. Service Center@ .' _~~~ www.principal.com ~ TeleTou_ ~ '-800-547-7754 ;OL/httln r--I==- /2-e-rl/2&7">'16).JJ t4C.LJ ~ SAOU~l C>ll27.0:2 " .J\1hile Social Security may be a source of your retirement income, it was never designed to provide you with enough benefits for a comfortable retirement. It may only cover 1/3 or less of your retirement needs, To request an estimate of your future Social Security Benefit, call the Social Security Administration at 1-800-772-1213 or log on to theirwebsite at www.ssa.gov/retire. . TeleTouch@is our toll-free, interactive voice response system that allows you access to your retirement account at the touch of a button! It's easy, fast, confidential, and it's available 24 hours a day, 7 days a week, Teletouch lets you hear your deIly account values, obtain investment pertormance information, hear the latest investment news, or establish your Personal Identification Number (PIN), In additional you can transfer funds between available investments. But this is just the tip of what TeleTouch can do for you, To access TeleTouch, call 1-800-547-7754 and select a desired option, From there, follow the prompts. Have your Social Security Number and PIN ready, Saving through a retirement plan can help you prepare for the future. We have prepared the following illustration to help you better understand how plan contributions and returns affect your account value and future income. The illustration is in today's dollars, InflatIon may impact your buying power, RETIREMENT AGE ESTIMATED ACCOUNT VALUE ESTIMATED LIFETIME MONTHLY INCOME 6'% Retum 8% Retum 10% Return 6% Return 8% Return 10% Retum Age 55 $6,262 $8,614 $6,978 $41 $43 $45 Age 65 $11,214 $14,279 $18,101 $73 $93 $118 This chart is based on how much you are currently contributing to the plan now and an estimated rate of return. The amount you contribute and your investment mix may have a significant impact on your account value. So how can you potentially receive a higher rate of return? One option is to increase the amount you contribute to the plan. Another option is to divide your money among a mix of investments with different levels of risk. This may lower your potential for risk and give you the chance to reap the potential rewards of investing In riskier investments. This information is based on your current account balance and assumes: . Average Contributions and investment returns remain constant, and all money stayed In the plan until the ages shown. . The rates used to figure Estimated Lifetime Monthly Income remain in effect. . At retirement, you choose monthly income guaranteed for life, with total income to you and/or your beneficiary at least equal to your account value. These assumptions are likely to change, so your actual account values will be different from the amounts shown above. The assumed rates of return in this chart are hypothetical and do not represent the returns of any particular investment. ".....',..,. -f'" , , . Vo.,.o ~''''''1 J.~J'~"-', ~ ~ ~o" ...."f. r.li ,,~. , ~. ,., -, "t., > atl-.<iI,n:;),~t,;f'l'"\,.l~"jl;;!-'i;$ ~~I.r..~'~J;;'f~~I;,,,,~,,t'l,~I~~'';'';' ~ J,'t',"'~:w.;:.3i>. ""~lt,"~';:~"'''.' ~ "" ' ,IC\ ~'f-"~ ~'." , ,.', >. ~l:- 'fc. "i'1'.,~.''f",,,..,.... ., ~ ,_ ,. f " ' "> .- , ' I...... I...... I...... I... I Whenever you make a major life change - get married, have children, buy a house -- you should think about how one or more of these changes will affect your retirement plan and investment strategy. You may want to ask yourself jf your retirement goals have changed and determine if you need to invest more to meet your retirement goals. WE UNDERSTAND WHAT YOU'RE WORKING FOR'~ Need more information, or account portfolios, visit us at: ~. Financial 710 9th 81. Group Des Moines, IA 50a09-1502 ~"I The Principal Retirement . 'w. '. Service Center@ _~ www.prlnclpal.com ~ TeleTouchCID ~ l-aOO-547-n54 ..I ',_ ' - "" ,I",,,", _,__~ ,,~i.,. ;- ,', "'",", '- ',--~, ",,'" ",-,-, i"- , ;" WilLIAM L SUNDAY DAWN S, SUNDAY Attorneys - at - Law 39 West Main Street. ste. 1 Mechanicsburg, PA 17055-6230 Phone (717) 766-9622 Phone (717) 766-9698 Fax (717) 795-7280 October 17, 2002 E, Robert Elicker, II Office of the Divorce Master Cumberland County Court of Cornmon Pleas 9 N. Hanover Street Carlisle, PA 17013 RE: Joy L. Nixon vs. Hilary A. Nixon, Docket No. 00-6840, In Divorce Dear Mr. Elicker: We have received the Notice from your office scheduling the Pre-Hearing Conference in the above"referenced matter for December 2, 2002 at 9:30 a,m. I am writing to formally request that both parties be present at the time of the Conference to provide additional information, if necessary, and most importantly, to facilitate the possibility of resolving this matter by agreement. Sincerely, DSS/cg cc: Kent H, Patterson, Esquire --, '.0_< I .~._ ~ ~_.I .1 ~ .........~~'I<>."""'". , JOY L. NIXON : IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 2000-6840 civil Term . HILARY A. NIXON . . Defendant . IN DIVORCE . PRE-TRIAL STATEMENT OF DEFENDANT HILARY A. NIXON 1. List of Marital Assets. See attached list - Exhibit 1 2. List of Non-Marital Assets. See attached list - Exhibit 2 3. List of Marital Debts. None. 4. Income and Expenses of Hilary A. Nixon. See attached Income and Expense Statement - Exhibit 3 s. Federal Income Tax Return. See attached 2001 federal income tax return for Hilary A. Nixon - Exhibit 4 6. Expert Witnesses. None. ~ --~ ,.......J, ~.d-l i1 ~ " . "i"'~';""";! 7. Other witnesses. Defendant, Hilary A. Nixon will te~tify. Defendant reserves the right to c~ll plaintiff as a witness and call other witnesses~ for rebuttal or otherwise. 8. Retirement Benefits. Plaintiff, Joy L. Nixon has disclosed various retirement benefits and Mr. Nixon requests that Mrs. Nixon provide current statements and other information so that they can be properly valued. 9. Exhibits. Defendant reserves the right to submit exhibits consisti~gof st~tements of account for all accounts identif~ed by either party, all income tax returns, alldocttments referred to and/or attached to defendant's pre-trial statement, and any documents and exhibits identified or referred to in plaintiff's pre-trial statement. Defendant reserves the right to submit other exhibits identified prior to the hearing. 10. Tangible Personal Property. The parties have divided the household furniShings and similar tangible personal property and defendant believes that both parties are satisfied with the distribution. 11. Background of case. The parties were married on June 2, 1973. Mr. Nixon is age 56 (born February 19, 1946). Mrs. Nixon is age 52 (born February 20, 1950). There were two children born of the marriage, Seth, now age 23 and Reed who will soon be age 22. Both sons are emancipated. Seth lives with Mrs. Nixon and Reed lives with Mr. Nixon. 2 ~ ~ _J_- ~ ....n~_'III~ - . -'1 ~~-c'~ Mr. Nixon is a college graduate and a graduate of a theological seminary. He is an ordained clergyman and worked as a pastor and counselor for various churches and church organizations from the time after his graduation from theological seminary in 1971 through 1984. He left the ministry and was employed as a c~uter programmer for various companies through 1994. His most recent employment was as a part-time teacher/counselor at Bethesda Mission in 1996. Mr. Nixon has considered himself retired since 1996 and has been able to support himself through investment income assets that he received from inheritances, gifts and trust funds from his parents, both of whom are now deceased. His estimated monthly income before tiUCes is $2,465. Gross income is reported on the year 2001 income tax return was $29,573. Mrs. Nixon is a college graduate and graduate of nursing school. She is a registered nurse and has worked as a registered nurse at various hospitals. She did not work when the children were growing up but has worked full time since the mid- 1990s. She currently is employed in a professional position with one of the major medical insurance carriers. Her income is greater than Mr. Nixon's income. The parties separated April 1, 2000 when Mrs. Nixon left the marital residence. Mr. Nixon continued to reside in the marital residence with the younger son and has maintained the marital residence since separation. Mrs. Nixon commenced this action by filing a divorce complaint on October 5, 2000, alleging that the marriage was irretrievably broken under Section 3301 of the Divorce Code. Mrs. Nixon filed a petition to amend the divorce complaint on June 20, 2000 which added counts and raised issues of equitable distribution, counsel fees, and costs and expenses. 12. Proposed Resolution to Economic Issues. The principal marital assets in this case are the jointly owned marital residence ( $157,000.00), the jointly owned stocks (approximately $1 million as of 11/05/02) and Mrs. Nixon's retirement funds. The parties have divided the tangible personal property and each has an automobile of approximately equal value. 3 ,--~ . lJ>...:2&. - " I_~" I-,-~ , .' , ~J I mi';' l'Li.m,;.."".",_"'- Mr. Nixon proposes that the marital residence be distributed to him and that he pay Mrs. Nixon one half of its value less the fOllowing credits: . value of Mrs. Nixon's retirement plans. . $7,000 removed by Mrs. Nixon from TD Waterhouse investment account the day before she left Mr. Nixon. . $14,844 of Mr. Nixon's inheritance money used to payoff mortgage which had been taken out to payoff Mrs. Nixon'S credit card debt. . $25,636.00 capital gains tax paid on sale of inheritance assets. With regard to the stocks which are mar~tal property, Mr. Nixon proposes the distribution of 70% to Mr. Nixon and 30% to Mrs. Nixon. All of the stock and investments were acquired by Mr. Nixon through inheritance and gifts from his ~amily. Respectfully submitted, ~f/~_ Kent H. Patterson Attorney for plaintiff 221 pine Street HarriSburg, PA 17101 (717) 238-4100 4 ,~ I L_....., :w:...21t~-~- ~'V_li,,"'; MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of tl1e date of this action was commenced: Item No. Description of Property Names of All Owners Value Date of Valuation Lien or Encumbrances 1. 2811 Fairview Road H/W Camp Hill, PA 17011 (Borough of Camp Hill, Cumberland County) $157,000.00 11/02 None 2. Household furnishings H/W Unknown None 3. 1995 Audi SW H $7,000.00 11/02 None 4. 1994 Ford Explorer W $7,000.00 11/02 None 5. Commerce Bank H/W Account No. 0512068131 $742.00 10/31/02 None 6. TD Waterhouse H/W Account No. 438-03448-1-4 Money market None $4,108.00 10/31/02 None Stocks Agere Systems A 4 shares at $1.23 per share 11/05/02 $4.92 Agere Systems B 110 shares at $1.28 per share $140.80 EXHIBIT 1 ...--"~~ ~I.-.~ _" at.x.: .J ,. <" ~ ' .&&;ll' -~ _""""""'0..'-- MARITAL PROPERTY (cont.) Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of tl1e date of this action was commenced: Item No. Description of Property Names of All Owners Value Date of Valuation Lien or Encumbrances Avaya Inc. 33 shares at $2.35 per share $77.55 Campbells Soup 520 shares at $21.52 per share $11,190.40 DuPont 100 shares at $42.32 per share $4,232.00 Hershey Foods 200 shares at $64.99 per share $12,998.00 Lucent 400 shares at $1. 21 per share $484.00 7. Stocks H/W None Becton Dickinson 300 shares at $30.65 per share $9,195.00 11/05/02 Bristol- Myers Squibb 12292 sharea at $51. 81 per ahare (10186 shares are marital and 2106 shares are non-marital) ($636,848.52) 11/05/02 $527,736.66 11/05/02 EXHIBIT 1 -.l-~ ~~''1/iS ,~~~" ~. =IIilIIlI!ll.X" 'M~ ~. 0_ L .......L. 0-- ~--"-l~"~;-""'ili,'~'_' MARITAL PROPERTY (cont.) Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date of this action was commenced: Item Description No. of Property 7. (cont.) Names of All Owners Value Date of Valuation Lien or Encumbranc'6s Colgate Palmolive 400 shares at $54.20 per share $21,680.00 11/05/02 Intel 800 shares at $27.06 per share $21,648.00 11/05/02 Pfizer 6000 shares at $32.51 per share $195,060.00 11/05/02 Phillip Morris 390 shares at $42.41 per share $16,539.90 11/05/02 Proctor &: Gamble 400 shares at $87.78 per share $35,112.00 11/05/02 JM Smucker 8 shares at $35.48 pers share $283.84 11/05/02 zimmer Holdings 1229 shares at $41.15 per share $50,573.35 11/05/02 8. Retirement accounts W Unknown None EXHIBIT 1 '''' . ._ I NON-MARITAL PROPERTY lOIi~""'",,,,,---,--;;,,,',C Defendant lists all property in which a spouse has a legal or equit~Jle interest which is claimed to be excluded from marital property: Item No. 1. 2. 3. 4. 5. 6. 7. 8. 9. ~"'" Description of Property Value Date of Lien or Valuation Encumbrances Canoe Unknown Coin collection Unknown 22 cal. rifle, shotguns Unknown Stamp collection Unknown 306 cal. rifle Unknown 490 shares ITW $30,384.90 11/05/02 (llinois Tool Works) 1117 shares $44,110.33 11/05/02 Bryn Mawr Trust Co. 1935 shares of $100,252.35 11/05/02 Bristol Myers Squibb at $51.81 per share (husband) 171 shares of Bristol Myers at $51.81 per (wife) $8,859.51 Squibb share 11/05/02 EXHIBIT 2 None None None None None None None None None Reason for Exclusion pre-marital pre-marital pre-marital pre-marital gift inheritance/ unified c~redit gift unified credH: gift unified credH: gift unified credit: gift .., "~ ,~ I .........,.g~~~_lo1.o,,~'. In the Court of COIllllJOn PIcas of Count)', Pcnnsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Please note: AU correspondence musl include the PACSES Case Number. Income and Expense Statement THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part, you must also fill out the Sllpl'leme!ltal1ncome Sra!e'!1enl which appe.ars on r>a!!'~ two of tbis income and expense statement. ) INCOME STATEMENT OF Section f: Income and Insurance . WCO"""': ,..,~~ ~:::;Work M- fl e.,j.- / VV~/ /Jt'~ PV ~ Payroll No. Gross Pay per Pay Period $ , Pay Period (wkly., bi-wkly., el<:.) / ~ ItemiEer! Pfi)l.....H D~iJCttons: Federal Withllolding $ Social Security $ Local W..e Tax $ State Income Tax $ Retirement $ Savings Bonds $ Credit Union $ Life Insurance $ Heallh Insurance $ $ $ Olher Deductions (specify) $ $ Net Pay per Pay Period $ ~. 1. . .t-! I Ownership "1 PROPERTY OWNED DESCRIPTION VALUE H W J Checking Accounts $ Savings Accounts Credit Union Stoclcs/Bonds Real Estate Olher TOTAL 1$ ( . OTHER (Fill in Appropria1eColnmn) lNCOME WEEK MONTH YEAR Interest $ , $ t:;'zf) $ -- Dividends , I .iqlJ5' Pension Annuity Social Security Rents Rovalties Exoense Awlunt Gifts UnemDloymeut Workmen's ComDensation Other Other - TOTAL $ $"21} 6~ $ TOTAL INCOME $ "H=Husband; W=Wlfe; J=Joint / '- Service Type M Form IN-O08 Worker 10 22221 E)(HIe.IT 3 ~~ ,,~ - "I '....,....,-," , _;a~#<_;,_".",,< Income and Expense Statement PACSES Case Number INSURANCE (~ovcr'3!!,{' I}; COMPANV POLICY # H W C Hospital Blue Cross Other Medical Blue Shield Other Healthl Accident 'tJ<.7(}fiY&{) ~v\-L I UWfJ-z!8 f!) el If i( Dental :s CdI\\C6-I-' Otller "H'=Husbund; W=Wife; C:Child Section IT: SUDDlemental Income Statement a. This form is to be fIlled out by a person o (1) who operates a business or practices a profession, or o (2) who is a member of a partnership or joint venture, or p (3) who is a shareholder in and is salaried by a closed coIporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) dle most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement c. Name of business: Address and telephone number: d. Nature of business (check one) D (1) partnership D (2) joint venture D (3) professioD D (4) closed corporatioD D (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received~ (2) Gross iDcome per pay period: (3) Net iDcome per pay period: (4) Specified deductions, if aDY: Page 2 of3 Form IN-008 Worker ID 22221 Service Type M l.'o', ~" ~ " ~"~ Income and Expense Statement -b.lll~~OIiIlM.'i!.'"'""~tk>~":, Section III: Expenses PACSES Case Number Instructions: Ol~y show extraordinary expenses in tllis section unless you filled out Section n on page two. The categories in BOLD FONT are especially inlportant for calculating child support, If you are requesting Spousal SupporiJAPL or if you ~sserl your case cannOI be detenuined according 10 the guideline grids or formula, tllis section must be fully completed, (Fill in Appropriate Column) (PiI EXPENSES EXPENSES WEEK MONTH YEAR (continued) WEEK Home Education Mortgage/Rent $ $ $ Private School $ Maintenance l(}f) Parochial School Utilities College Electric $ $ "'7.0 $ Religious Gas JIl?) Pel'l:ionai Oil Clothing $ Telephone . Ct;". Food Water 2.;.''1 Barber/ Sewer 10 I'? () r Emnlovment Credit Payments Credit Card Puhlic Transport, $ $ $ Charge Lunch Membersbios Taxe< Loans Real estate $ $ ?",'In $}af)eJ Credit Union $ Personal Property I U:: Insur.nce Homeowner's $ $ c~r $ " '" /!J AutoIDObile 9>' I".C:P> Miscellaneons Life Household Help $ Accident Cblld eare Health i:~:;s!books Other azme< Auto"'obile Entertainment Payments $ $ $ Pay TV Fuel (;;1) Vacation Repail's lJlJ!J' w Gifts- Legal fees Medical Charitable Doctor $ $ ~, $ DentiSt -z..C Other Cblld Orthodontist Alimony Hospital Pa-'';'< Medicine ""1..'t,' Olber . eells ?() -r", """,t:. $ I ~J>races, o 'c devie"~ I in Appropriate Column) MONTH YEAR $ $ $ & $ -r-,O - \; b o $ $ $ $ ..z. ~/J $ () .... "- I Total I WEEK MONTH YEAR \9....1..?.-f Expenses: $ . $ .U I 'l $ li'r\ verify Ibat Ibe slJitements made in this Income and Expense SlJitement are true and correct. I unde~tand. that false . . '1SlJitemCllts herein are subjecr to the crimina! penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authonties. 0\ ! ~ I '-l ,},'.f. "'L- ~)'~~ Page 3 of 3 Form IN-008 Service Type M Worker ID 22221 .. ~~ .L "-~, I. ~". ~......h __ L~ ML .~ 10-.0 Departmern: of the Treasury~lnlernal r~e\lenUe Service li))I(i'O 1 - "'t U.S..hlcilividuallncome Tax Return &IW Label (See Instructions on page 19.) Us<! the IRS label. Otherwise, please print orlype. Presidential Election Campaign II. (See e 19.) r 1 2 Filing Status Check only one bOx. Exemptions If more than slx dependants, see page 20. Income Attach Forms W~2 and W~2G here. Also attloeh Form(s) 109!l-R if tax was withheld. If you did not get. W-2. see page 21. EnclO!ie, ~LJ!: ~ not attach, any payment. Also, please use Form 104C)..V. Acljusted GrOSS Income -" ,.........i...1 ~-, ,"".-. ~, ft;' l A . E l ,10 (99) IRS Use Only--.I)(11101 wrlle Dr s(apll~' In this *pacc, ,2001,ending La~t name H E R E Home adctress (number and street), /I you have a P.O. box, see page 19. Apt. no. City, toWn or post office, state, and ZIP code. If you have a foreign address, see page 19. Note. Checking "Yes~ will not. change your tax or reduce your refund. 00 QU, or our spouse if filin a joint return, want $3 to 0 to this fund? . . ,," 4 5 b S c Depe"dents: (1) FirstnaQle (3) Dependent's rellltlonshlpto 00 (') 'qua~"9 thlJdfllfthRdlllx cr' 20 o o o o o o last name (2) Oepehdent's sm:\s\ security number , - . . ..~ Cat. No. '113208 E XHIB/T 4 1- Important! Yau must enter your SSN(s) above. You Spouse Dve. No DVe.DNo ... No. oflloxes checked IlI1 6B and Ql No, 'Of your cbIldren on 6t -, . U\l&dwlltlyou . did noIliYewllh you lbllO lflYOrte or separation (516 page 20) Dependenls 0I'l 6c noL entered above ~ Add......... IJ] _'on lines above .. 9 10 11 12 13 14 15b 16b 11 18 19 20b 21 22 "'L ") '7 q) "C.. d Total number or exem tions dalmed 7 Wages, salaries, Ups, ete, Attach Form(s) W-2 Be Taxable inter~st. Attach Schedule B Ir required b Tax~exempt interest. Do not Include on line 8a 9 Ordinary dMdends, Attach Schedule 8 ir required 10 Taxable refUnds. credits, or offsets of state and local income taxes (see page 22) 11 Alimony received . . _ _ . _ . . . . . _ . _ _ 12 Business income or (loss). Attach Schedule C or C.EZ . , . . . . . , 13 Capital gain or Qoss). Attach Schedule D if required, If not required, check here.... 0 14 Other gains or ()asses). Attach Form 4'797 . . . . , . . , . _ 158 Total IRA distributions _ l1!!J L-J b Taxable amount Isee page 23) 16a Total pensions and annuities l!!!J L-J b TAxable Amount (see page 23) 17 Rental real estate, royalties, partnerships, S corporatlons, trusts, etc. AttlW.h Schedule- E 18 F~r!!l.~~~~ Qf.O.oSsJ.Jm~b Scbedule F . . . . . . . . ~ 19 Unemployment compensation . 208 Social security benerlts ~ I 208 I I' b ~aX~b~ a~ou~t {s~e ~g~ 2~ 21 Other income. List type ancl amount (see page 27) __..__....._....__.~.....~...~~.__... 22 Addtheamountslnthefarri htcolumn for Unes 7thro h21, This is urtotalincome'" 23 IRA deduction (see page 27). . . . 23 .2:4 Student toan Interest dEld!,Jctlon (see page 28) . 24 25 Archer MSA deduction. Anach Form 8853 . 25 26 Moving expenses. Attach Form 3903 26 27 One.half of self.employment tax. Attach Schedule SE 27 Z8 Selr~employed health Insurance deduction (see page 30) 28 29 Self.employed SEP, SIMPLE, and qualified plans Z9 30 Penalty on early withdrawal of savings 30 31a Alimony paid b Recipient's SSN .,. 31a 32 Add lines 23 through 31a. . . . 33 Subtract line 32 from line 22. This is our ad usted ross income For Disclosure, Privac)' Act, and Paperwork Reduction Act Notice. see page 72. Single rrled filing joint retum (even if only one had income) I, t!- arried filing separate return. Enter spouse's social'security no. above and full hame here.... ~ y tr. N '\ '{. ~ l+ead.of household (with qual\f)'ing person). (See page 1'it) \1 the quallfytrig person \s a chik\ but not your dependent, enter this chifd's name here. .,. Qual in widow(er) with de endent cllild ( ~r souse died'" ). (See a e 19.) 6a ~ Yours.I,. Ir your parent (or someone elSe) ~an claim you ~s a dependent on his or her tax return, do not check box 68 . . ,. .... z. 6. I Fo'm 1040 l,onll . 3~ Amount from "ne 33 (adJust!'d gross income) . . , . . . . . . . . _ 368 Check K: 0 You were 65 or Older, 0 B"nd: 0 Spouse WllS 65 or Older, 0 Blind. Add the number of boxes checked aboVi!: and enter the total here. .. .. 358 b If you ari':! married nung separately and your spouse itemizes deductions, Of you were 8 dual-status alien. see page 31 and cl1eck here . . . '" ~ 35b 0 ttemized deductions (from Schedule A) or your standard deduction (see left. m8rginl. ~ SUbtract line 36 from line 34 . . . . . . . . . . . . . . . . . . ~ If line 34 is $99.725 or less. multjplyt$2.~Y the total number of exemptions claimed on line 6d. If line 34 is over $99, 725. s~workshee[ on page 32 . . . . . _ . .. Taxable income. Subtract line 38 from line 37. If line 38 is more than line 37, enter .0. Tax (see pBge 33). Check jf Ilny'18x Is rrom 8 0 Form(s) 8814 b 0 Form 4972 Alternative minimum tat (see page 34). Attach Form 62-51 Add lines 40 and 41 . . . . . . . . . " . . Foreign tax credit Attach Form 1116 if required . Credit for child and dependent care expenses. Attach Form 2441 Credit for the elderly or the disabled. Attach Schedule R . ~ducatlon credits. Attach Form 8863 " . . . . Rate reduction cn~dit. See the worksheet on pa~ 36 . Child tax cre-dlt (see page. 37) Adoption credit. Attach Form 8839. . . Other creditS from: 80 Fonn 3900 cO Form 8801 dO Form (sp6cify) 51 Add lines 43 through 50. These are your total credits 52 Subtract line 51 from line 42. If fine 51 15 more than line 42, enter .0- . 53 Self-employment tax. Attach Schedule SE. . . . . . 54 Social security and Medicare tax: on tJp Income not reponed to employer. Attach Form 4137 55 Tax on qualIfied plans. Including IRAs, and other tax.favored accountS. Attach Form 5329 if required 56 Advance earned income credit payments from Form(s) W-2 . 57 Household employment taxes. Attach Schedule H 58 Add lioes 52. thr 5-7. This is our total tax Payments 69 Federal income tax withheld from Fonns W-2 and 1099 . 60 2001 estimated tall paymonts and .molll1t applied from 2000 r>tum 618 Itarnedincomecredil(ElC) . . . . . . . . , . b Nontaxable earned Income . ..I 61b I 1 62 Excess social security and RRTA tax withheld (see page 51) 82 63 Additional child tax credit. Attach Form 8812 . . . . .. 63 64 Amount paid with request for extension to file (see page 51) 64 65 Other p.yments, Chock Ifkom 80 Form 2439 b 0 Form 4136 66 66 Add lines 59, 60, 61a, and 62 throu h 65. TheSE! are our total ments....)II-- Refund 87 If Hne 66 is more than Hne 58. subtract Hne 58 from line 66, This is the amount you ov...pald Direct 6lla Amount of fine 67 u want refunded to . . . . . . . , . . ~ deposit? See ~ b Routing number ~ ~ I 0 SilVlngs page 51 .nd nil In 88b. ~ d Account number 1 3 I.i, 3 68c, ancl68d. 69 Amountoflfne67 ouwaot 1I"-2002-estimated-tax... 69 Amount"' - '71} -. Amount you owe. Subtract line 66 from line 58, For details on how to pay~ see page 52 ... Yo 71 E.~mated tax na~. Also include on line 70. . . ... 71 Third Party Do you want to aHow another person to discuss lt1ls return with the IRS (.ee p.ge 53)? 0 Yes. Complete the [oHowlng. 0 No DeSIgnee [jesignee's Phone Personal Identification - """'" ~ 00. ~() """,...,N ~ SIgn . Under penallflt$ (tf pef1Jry. I declare thall heve exernlnad this relUrn and acr.ompanylng schedule5 and statetnerlts, and to fhi! best Of my Imol.\lledlP. /'Ind . ~elief. they are true, cOlTect, and complete. Dee/aralian 01 preparef (athM than taxpayer) Is balled on Illllnlormatlon of which prep.Ilf@f has MY kftowle~gl!. Here Jolntreturn? See page 19. Keep a copy for your records, ~l~,-,,_~_ form HMO (2001) Tax and Credits Standard Ooduclion for- . People whQ 36 checked any box on Uno 37 353 or 35b or who carl be 38 claimed as a tlependent. see page 31. . AU others: SIngle, $4.550 Head of household, $6.650 MarrIed filing {):~~ w1dowierj, $7.SOll Mmled nl . tely, $3.800 Other Taxes Ir you have a qualirying child, attach Schedule EIG, Paid Preparer's Use Only -, L - .,. NJ Page 2 3'Sf9(J 39 40 41 42 43 44 45 46 47 48 49 50 38 39 40 41 42 4.. 43 44 45 46 47 48 49 b 0 Form 8396 50 ,. 51 52 53 54 55 56 61 58 z.. (f t; -z. H ,. 59 80 81a Your signature ~ Spa",.'s s;g""'''', " . Joint n""<n, botn m<l't "go. Pfeparer's ~ SIgn2lture ,. firm's name (or ~ ~s If self-empt<lyed), addreSs and zfp code Phone no, f'orm 1040 (200l) \D~O ,J""'-'~~ - ~ ~b."",,,,,,,,,, _ "'" .. ~~ ~L I Jlt~- .I~ Schedules A&B (Fonn 1040) 2001 Name(s} shown on Form 1040. Do not enter name and social security number If shown on other side. I (G.'r jl) \ IT-^'- Part I Interest (See page 8.1 and the Instructions for Form 1040, line 8a.) Note. If you received a Form 1099-INT, Form 1099-010, or substiMe statement from a brokerage firm1 lislthe firm's name lis the payer and enter the tolallnteresl shown on that form. Part II Ordinary Dividends (See page 8-1 and the instructions for Form 1040, line 9.) Note. If you received a Form 10gg-DIV or substitute statement from a brokerage firm, list the firm's name as the payer and enter the ordinary dividends shown on that form. . -,~ ......'....-III!d...~1l:1I',<,"i."',..,%."','" OMS No. 1545-0074 Page 2 Your social security number /6"l-: ;;t: 'I~")r Schedule B-Interest and Ordinary Dividends 1 Ust name of payer. If any interest is from a seller-financed mortgage and the buyer used the property as a personal residence, see page 8.1 and list this interest first. Also, show that buyer's social security number and address .. '"'._'..H._........._.__.. ........._...._.._._............ ._____..__.._........_____..._ ... -.." -..... .~....... -_..~ -. -.. ..... .... .........- -........."... ~.~.. - -- -... -. --.......- --. 2 Add the amounts on line 1 3 Excludable interest on series EE and I U.S. savings bonds issued after 1989 from Form 8815, line 14. You must attach Form 8815 '. ' 4 Subtract line 3 from line 2. Eliter the result here and on Form 1040 line 8a .. Note. If hne 4 is over $400, you must complete Part III. 5 List name of payer. Include only ordinary dividends. If you received any capital gain distributions, see the instructions for Form 1040, line 13 .. m.'....m.." :L!{,i)S.t:M:~~;.:]l~~:It.~;;.fl:::.ti:~Iv.:rR.;:::::::::::::::: .... .., .... ...... .t::l~C}..,~~..:)4 ~.~.~.... . J...-:..,.t;.J/).CJ.7.& b....... :::::: iji::iJQ...+i.:~ :~:iJ.:t e: ::A:~C::w:.: ii.d:::::::::: :::: :::: ::: ............... 'J;,-~"'''r.T +....\,..... '^." .t. .t.r....;;j;.....r:............. ."..~t!J.c.f:..:>f. ..,ll.C+ tcI...,t.I1...\"'x..r: .t.. .,l.~.. ...,t.: .~&.~... .... .'... '.(5c1J. .,,,. tit .e:":':-l-Jivr"'p. ..(}...1\\.;...... .......... ......... ... .....k..n-a.......'0eI............., ...LD." ;:J>.............. ... - ~. ~... ~...... -... ~.... ~... - -.. -. -...-.... --.. -... -.... -.... -......... -..-. - -............ ....._...... ..._~._....._....._...._.._....__.._...._~... ._. ._............... .___.u....._.._ 1 2 3 4 .. j ~r:: Attachment Sequence No. 08 Amount - -- Amount "12'1 z.~ I iii 7-4t; O(j 5 - 6 Add' tlle amouni$ or\ jioo .s.: Eriter .the 'totai .he;;; and '0;; Form. "040; .llne.9...... 6 l. ~ ~ ~ q 3 "t Note. tf hne 6 IS over $4001 must com lete Part m. You must complete'thls pert If you (a) had over $400 of taxable interest or ordinary dividends; (h) had a foreign account; or Ic) received a dlstrii;>utlon from, or were a grantor of, or a transferor to, a foreign trust. 7a At any time during 2001, did you have an interest in or a signature or cther authority over a financial account in a foreign country, such as a bank account, securities account, or other financiai account? See page B-2 for exceptions and filing requirements for Form TD F 90.22.1 . . . . b If "Yes," enter the name of the foreign country ~ ..__m................................................ 8 During 2001, did you receive a distribution from, or were you the grantor of, or transferor to, a fore! n trust? If "Yes," u ma have to file Form 3520. See a e B-2 . . . . . . . . . Part III Foreign Accounts and Trusts (See page B-2.) - HilsC'J A Nixon 2001 form 1040 Schedule D Addendum p.8a SS# 162-38-7734 2001 Dividends Certificate Holdings Total Held by Stock 01 Q2 03 Q4 YTD Becton $28.25 $28.25 $28.25 $29.25 $114.00 Joint BrMySq $3,380.30 $3,380.30 $3,380.30 $3,380.30 $13,521.20 Joint Bryn Mawr $201.06 $201.06 $201.06 $201.06 $804.24 HN only ColgPal $54.00 $72.00 $72.00 $72.00 $270.00 Joint itw $98.00 $98.00 $98.00 $107.30 $401.30 HN only Intel $16.00 $16.00 $16.00 $16.00 $64.00 Joint Pfizer $660.00 $660.00 $660.00 $660.00 $2,640.00 Joint Philip Monis $206.70 $206.70 $206.70 $226.20 $846.30 Joint ProctGm $140.00 $140.00 $152.00 $152.00 $584.00 Joint zimmer fractional $5.68 share $5.68 Joint !::;::;~::;i,:~:~~:$\JB:::r~U{I~; 1Ce~ifi'&a~;,:qH)lden:a~,';:~:~:',:~-' ::;::: ;;:;;:'::' ::::,:', :'":'!:' ::: ~,:,:~:. ',: ;(:~:'?,:,,;:<;:::~:::',J :>_ ;:'-::tj ~,":'~;:'!", ~'::,~,$1,9~2:45~:P4,;;~,: TO Waterhouse Holdings CampSp $117.00 $117.00 $117.00 $81.90 $432.90 Joint DuPont $35.00 $35.00 $35.00 $35.00 $140.00 Joint Hrnhey $56.00 $56.00 $60.50 $60.50 $233.00 Joint Lucent $8.00 $8.00 $16.00 Joint ~~,P.~~m~~~t P~olio. _".~ ,=_ .".".,,,,""~, '''''''''''''''"'''jftc'''_ .'_"V~10i:38" Joint ~;!iJ~II'~~~'&iI!!~!L.'imi~lfil~.;~~J1 ~~J,*19~m~j~l~i~N~~~~!~i~r~,~~~~~.Q.iie:j(~'pr;~gafv'~#JB~;,J'Nb;9W:':,,:' (::,;<;::;:~,.;.~\: '~~i3:~{65:;~t(f.. Trust # 2-401 09700 Total Dividends $23,33Q.32 z: '} "$'7i. Zj7.)J.1^-f I 7f;jl\J (<:.....'CU)!~ , k:::: 5"~!3 b-- 6:.-- (3 jJ f { I " It~~ ~g~<~ l. "."~""J 1- I~ ~~~. . j"J<d_t;!{,"Kc-' . - --., ~'.I' ---.-, -"r-- ~~~~, ~..~ .~'~P"""''-' .'",,'v.... NATL INVESTOR SERVICES CORP. .55 WATER STREET NEW YORK, N.Y. 10041 li.2lloLCONSQLIDATEDFORMllJ991 Page 1 1m WA~~~~S~i~S~~ M","hnr No", y",l, ~l~.k ll:..!t.a"o:-",grPI; Telephone Number: (800) 934-4448 ....... RECIPIENT'S Name, Street Address, Ci1y, Sl:'1tc, and Zir Code HILARY A NIXON & 'MO'423.>19 JOY L NIXON 3T TEN 2811 FAIRVIEW ROAD CAMP HILL PA 17011-1623 Original 12/31/01 o 2nd B Notice PAYER<SFElllll NUMBER.ACCOUNTNUMBER . 13-3842038 438-03448 ACCO(;NT t;XECUl'IVt: XXX REClPmNT'S FEllIP NUMBER] 162-38-4434 J THIS FORM PROVIDES AN ITEMIZED LISTING OF ALL REPORTABLE INCOME RELATED TO SECURITIES HELD IN 2001. PLEASE NOTE THAT THE INFORMATION PROVIDED BELOW WAS OBTAINED DIRECTLY FROM Tlffi RE PORTING cOMPANIES OR O'11iER RE-tl:ABLE SOURCES. WE STRONGLY SUGGEST THAT YOU SEEK TilE ADVICE OF A QUALIFIED TAX PROFESSIONAL UPON COMPLETING YOUR 2001 TAX FILING. gQ~tFQij:M~Q~~INXiJrrx:tR~$.rmlQQMW("." ..... .. '.(Q\\1~NQ.i54$*Ug)< *** NO REPORTABLE 2001 FORM 1099-INT INCOME *** ~Q~1~qij:MIQ?~f>>!Yi>>tyITn~NQ$;t.:Q.$TRtjj:t'"rmNS(QM$NQF1$4$;yn~)> (BOX) 1. Ordinary Dividends. .............................. 2a. Total Capital Gain Distributions .... ............ 2b. 28% Rate Gain ......,............................ 2c. Qualified 5-Year Gain. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2d. Unrecaptured Section 1250 Gain ....... .... ....... 2e. Section 1202 Gain ............................... 3. Nontaxable Distributions........:. ...... ........ 4. Federal Income Tax Withheld ..................... 5 . Investment Expenses ............................. 6 . Foreign Tax Paid ................................ 8. Cash Liquidation Distributions....... ..... ...... 9. Noncash Liquidation Distributions .... ........... (AMOUNT) 929.28 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ~Qqt~QijM~~?~~lJ;~R9G:~Ii;P$:OO:9M>>RQgJt~#?QA;F('jj:tR~~qj't,XR~N$.(()JI1~N6;1$4~:iw~$)i *** NO REPORTABLE 2001 FORM 1099-B TRANSACTIONS *** i2MLFbRM.jij99~6J.6;bRjGJ.NAI.;.SSUE..l)tSeOV.Nt....... ..'._,,-.... .,.....,..",..",..'... '.-- ,.,-..,. .-,-" ,.,-':, ",."" , :"." ..- .' - -,-. (OM.B .Nd,15"$'jq~#iY. *** NO REPORTABLE 2001 FORM 1099-0ID INCOME *** ...... ...~QI!t.-.t(jllM.XQ?9~@~C:...Ml$$lt~tJ#,t'!j{QUSI~.~QME/..................... . .... ......(OMB N(),1545;~P$) *** NO REPORTABLE 2001 FORM 1099-MISC INCOME *** ..E:NPOF;zt!OX(jQNsOLID;\;'i'Ji,PFQ~tij!)!f I 111.18 IS IMPORTANT TAX INFO. RMATION AND IS BEING FURNfflHED TO THE INTF.RNAJ.I REVENUE SE.RVICE. IF YOU ARE REQUIRED. .TO. FILE.' A.Rli.,Tll.RN. ,A NEGLIGENCE!. '_._ .!1P~~!-.TY WILl, BE IMPqsED q~01J IF PINY ~.IH1S INC~E IS.5 AX_1B.1.=!L~~~E lRj) DgTERMl~~ "Q!A1'.rr H~~~gr _l!.EEN ~~~9~~g1)~._._. _.. _ ~ _ _ _ ".. .~.~___"__J 1145 MAIL CL TIt a30 PAGE3318227 BRIACCT 431HX344B01l1923:10 1MOI423.'349 " '- _..1_. ' I~ 1_- l....- ~_ .' ~M.i.~~>'l~~I"~"""'V' SCHEDULE K-1 2 Beneficiary's Share of Income, Deductions, Credits, etc. OMS Nc,. 1545-0092 (Fo.rm 1041) for the- calendar year 2001, or fiscal year ~I:Q)O 1 Department of the Treasury beginning _ _ _ _ ___ ______ __ __ endln9_ _ _ _ _ _ _ __ __ ~__ __ _n_ lntemal Revenue Service ~ Complete a separate Schedule K-1 for each beneficiary. Name of trust or decedent's estate L-l Amend'::ld K-1 ALVAR NIXON EXEMPT EQUIV TR FBO I NIXON 2-40109700 n Final K-1 Beneficlarv's Identifvlna number ..... 162-38-4434 Estate's or trust's EIN IJl- 23-6799417 Fiduciary's name, address, and ZIP code ._~ Beneficiary's name, address, and ZIP code HILARY A NIXON BANK OF LANCASTER COUNTY NA 2811 FAIRVIEW RD 101 NORTH POINTE BLVD CAMP HILL, PA 17011-1623 LANCASTER, PA 17601-4133 (a) Allocable share 1tem (b) Amount (c) Calendar year 2001 Form 1040 filers enter the amounts in column (b) on: 1 Interest. . . . 1 Schedule B, Part I, Hne 1 2 Ordinary dividends . . 2 3 165. Schedule 6, Part 1\, line 5 3 Net short-term capital gain 3 Schedule D, line 5 4 Net long-term capital gain: a T otat for year. 4. Schedule 0, line 12, column {f} b 28% rate gain. . . . : . . . . 4b Schedule 0, line 12, column (g) c Qualified 5-year gain . . .. . . . 4c Une 4 of the worksheet for Schedule 0, line 29 d UnrecBotured section 1250 oain . 4d Line 11 of the worksheet for Schedule 0, line 19 5 a Annuities, royalties, and other nonpassive income before directly apportioned deductions 5a Schedule E Part III. column (f\ b Depreciation 5b } c Depletion 5c Include On the applicable line of the d Amortization appropriate tax form 5d 6 a Trade or businesEl, rental real estate, and other rental income before directly apportioned deductions (see instructions) 6a Schedule E. Part III b Depreciation 6b } c Depletion 6c Include on tne applicable \lne of the ...... . .... . appropriate tax form d Amortization 6d 7 Income for minimum tax purposes ..... . . . 7 4,355. 8 Income for regular tax purposes {add lines 1,2,3, 4a, Sa. and 6a) . .. . . . .............. . . . 8 3,165. 9 Adlustment for minimum tax purposes (subtract line 8 from line 7) 9 1,190. Form 6251. line 12 10 Estate tax deduction (including certain generation~ skipping transfer taxes) ... . . . .... . . . . . 10 Schedule A, line 27 11 ForeiQn taxes 11 33. Form 1040, line 43 or Schedule A, line 8 12 Adjustments and tax preference items (itemize): a Accelerated depreciation . . 12. } b Depletion. . . . 12b Include on the applicable line of Form 6251 c Amortization ... . . . . 12c d Exclusion items. .. . 12d 1,190. 2002 Form 8801 13 Deductions in the final year of trust or decedent's estate: a Excess deductions on termination (see instructions) 13a Schedule A, line 22 b Short-term capital loss carryover. . . .... .-.... 13b Schedule D, line 5 c Long-term capital loss carryover . . ...... . 130 Schedule D, line 12, columns (I) and (g) d Net operating loss (NOL) carryover for regular tax purposes . 13d Form 1040, line 21 . NOL carryover for minimum tax purposes ........ . 13. , se the instructions for Form 6251, line ,!O 1 '131 Include on the applicable line -------r---------------------------- 130 of the aoorooriate tax form 0 14 Other (Itemize): a Payments of estimated taxes credited to you . . . 14a Form 1040, line 60 b Tax-elCempt interest .. -......... . . . 14b 5,924. Form 1040, line 8b /"' c --------------------------~--------- 14c } d 14d Include on the applicable line ------------------------------------ . ------------------------------------ 14. of the appropriate tax form f 141 - ------------------------------------ 0 140 For PaDerwork Reduction Act Notice, see the tnstrucbons for Form 1041. 1F16123.000 JSA HILARY A NIXON 2-40109700 Schedule K-1 (Form 1041} .2001 4 S -,' ~ I _"'" ~ ~~o~< Ii "I ",. '""~- ,io.'-'''''Woil;U '~u ~>c,.." ."~I~~.."j" , ./ // r/ ,/ T A X C RED ITS ------------~------- FOREIGN TAX CREDIT INFORMATION: (ENTER THE FOLLOWING ON FORM 1116 IF APPLICABLE) COUNTRY' FORE I GN I NCOME TAXES DATE PAID UNITED KIN(;!DOM 1,166, 33, 12/31/2001 S TAT E I N COM E T A X N FOR MAT ION FOR PENNSYLVANIA STATE INCOME TAX PURPOSES: THE FOLLOWING ITEMS. IF ANY, SHOULD BE USED IN CALCULATING YOUR STATE TAXABLE INCOME, IF YOU HAVE ANY QUESTIONS, YOU SHOULD CONSULT YOUR TAX COUNSEL, -OTHER INCOME FROM ESTATES AND TRUSTS """"" (ENTER ABOVE ON PA-40. SCHEDULE J) 5,349, - OTHER INCOME FROM ESTATES AND TRUSTS INCLUDES INTEREST AND DIVIDEND INCOME, TO AVOID DOUBLE TAXATION, DO NOT INCLUDE FEDERAL INTEREST AND DIVIDEND INCOME REPORTED ABOVE ON PA-40. SCHEDULE A AND/OR B, IF YOU HAVE ANY QUESTIONS CONCERNING THE PRECEDING INFORMATION, PLEASE CALL YOUR ACCOUNT ADMINISTRATOR AT (717)735-5614, X057, 2,000 HILARY A NIXON 2-40109700 5 E -,-.. .._-- 1. I "~~'Si_.i!!""'~i:'..>"'"'." foon 1116 ~(Q)01 - Soquonco No. 1S1 ....dff)~"" ...... as thawn 0(1 Pftge' of your 18)[ fetu'n 1 z.- - , Use. separate Form 1116101 ellen category 01 Income l!sled bek>w. See categorlet of Income on page 3 oI1helnstructions. CIled< only one box on each Form 1116. Report all amountS In U.S. doll... except where specllled in Part II below. . 0 Passive Income d 0 Shlpplng Income 11 0 Lump-sum distributions b 0 High Withholding "'" .. 0 OMdends!Tom a DISC or fanner DISC h 0 Sedlon 901ij}lncome interest f 0 Certain d/s1J1butIons ITem a foreign I 0 Certain Income re-sourced by treat)' e 0 Ananclel se<vic<os Inaxne sales corporallon (Fsq or 10""'" j 0 General _Income fSC Noma 1.h I..... V- . Foreign Tax CrecfJt OndlVklu8l. Estal8, 1iust, or NclMIsideIIl Alien IlIdivIdLIaIl .. AIiach 10 "- 1048. 1040NR, 1041, or _T. -- See _OIlS. OMS No. 1545-0122-- It- ~ k ResIdent of (name of CIJUC1IrV) __ NobI: If you paid tBNlIS '" C!I1Iy one fOreIgn CO/!fIIfy or u.s. possession. use column A In Part I antf/Ine A In Part /I. If you paid taxe, to I"'1f!I "" _ foreign COUIlI1JI or U.s. pOSses:;/on, use. separate column and line for ""'* ~ or possessicn. To hlccInIe or I..osa From Sources 1he ,UrIiuld. S_' or Cf\OlCked t= ~orU~s..~ r Ii." 8 C ...__................................_......~._...................-....._.. . ,,~ ~ the .- of the """"'" "'''''11I1 or U.s. ~ll ...lon. . . . . . . . . . ..... 1 Gross /ncQme from sources wiIIlIn CllIlI1lI)' shoNn above and of the ~ c:hedced above. See page 8 oft/1e lnS1nlcllons: .__............... Iladuc=tiaM and losses (ClwIIoIt: See pages B and 9 of IIIe 1nslnIcIilns): 2 EllperI!Ies tIelIltIlfIIy I'II8IIed 10 the lncome 011 One 1 (allac:lt -.._41). . . _ . _ . . 3 Pro I1It8 share of other deducllons not deftnbly ......... . CertllIn llEmlzed dedur:1Ions of stancIarcI deduction. See lnSIIuCtIons ". . . b Other deducIlons (a1Illch _enIl . . . . c,Addtlnes3eand3b . . . . . . . . . d Gross foreign source Income. See irlslIueIk>ns . e Gross /ncQme from all sources. See lnstrucllons f DIvIde line 3d by line 3e. See InsIrUc:lions . . 9 Multiply One 3c by line 3f. . . . . . . _ 4 Pro!lllll SlIalllof _ expense. See mtrudIons: a ifomll" m0l1g8ge1lUl1lst 1tJi;e" Wotlcsheet on page 9 of t/1e irlslrUcllOns) . b Other IntereSt expense . . . . . . . . 5 Losses rrom foreign soun:es . . . . . . 6 AddIinesZ, .4a.4l>.and5. . . . . . 1 Subl1'al:t One 6 rrom line ,. EnIllr the result hem and on line 14. , . IIXes or \lllil Ia,_ F "" ....- ~""" ...., fnrOllllgn_ ~torII _ (.) leIDalapalll, W-. or ~D_ds and~ .,_ .... plkI or accmed l"~el~on: \Sl0lllt< ""'Igo ..... pOIdor """""" tou..._ Ta~~at$;)~an: (oMlOtt& f1>nIlgn ..... Ill- paid.. llllliY_ amllO)Olllos lot....... """"""', \all_"""""" ..... paid or 8CQ'U8d IBdd cOJs. \!llla'oughlwll A B 8 Add Dnes A C, column (x). Entet 1he tol8\ hem and 011 line 9, For hplllW<lrk Rloductian M>t -. _ pogo 12 of llIo InOtIUcllono. 2. . , . . . . ".. 8 Cat, No. 11"'" F"'" 1116 I~OC"1 - , =, 1t;;j~~""".&""'1_.;'i' f It- flJ 'v~ {6~'7~~tf~~ Form 1116 (2001) ..... Faguring the CredIt 1-1-, (~'i'- t 9 Enter the amount /rom Un~ 8. These are your total foreign taxeS paid or accrued for the category of incortle checked above Part I . 9 10 Carryback or carryover <attach detailed computBtlon) 10 11 Add lines 9 and 10 . 11 12 Reduction In foreign laxes. see page 10 of the InstructJons 12 13 Subtract line 121rom line 11. Thls Is the total all1OUl1t of foreign taxes available for credk. 14 ~ the amourt /rom line 7. TIis Is your laxable Income or 6ossl/rom sources 0UlSide the U~ 5tatesU>eloreaqjusUnenls) forthe c:ablgOiy 01 Income checked aIX>ve Pan: I. see page 10 Of the instructions.. 14 15 Al1ItJslments to line 14. see page 1001 the instructlons . . .. 15 16 C6mblne the amounts on JInes 14 and 15. Thls Is YO'" net foreign soorce _~. ( If the result Is zero or less. you have no foreign tax cn!dlt for the Cllleljory of Income you checked above Pert I. Sldp r ' lines 17 through 21. !towever. If you are IIIIng more lh&n one Fonn If' '/' 1116. you must complete line 19.) . . . . . . . . . .. 1. 17 IIldlvlcIuIds: Enter the 8InOUrI. /rom Form 1040. line 37. If you are 8 I'lOI1r8$Idanl alien. 8I1tI!I" the amourn Irom Fonn 104ONR. line 36. ~__ Enter yourtaX8bte Income 1Mthout1he deduction for your exempllon . . . . . . . . . . . . . . .. 17 ca.tioIl: If you I/gu"ed fOC' fJI1X USIng rile speelal fIIlll$ on capIr8I gains. see psge 12 afrhe it>slTUctIons. 18 DMde line 16 by line 17. If line 16 ls rnore than line 17. 8I1tI!I" "1. . . . . . . . . . . 19 Individuals: Enter the arnoont from ,Form 1040. line 40. If you are a nooresldent alien. enter the amount /rom Form 1040NR. line 39. E_end_: EllU!rlhe total of Form 1041. Schedule G. Unes 10 ond 1b.OIlha _I 01 Form 990.T. lines 36 and 37. . . . . . . . . . . . . . . . . . . . . . , . . . . . 'Ill 20 Multiply Une 19 by line 16 (maximum amount 01 credltj. . . . . . . . . . . . . . . 20 21 Enter1hesmallerolllne 13 or line 20. Iftlis Is 1he only Form 1116 you are llUng. skip lines 22 through 30 al'd enter 1I1ls amOunt'on line 31. othenMse. complete the appropriate line in Part N. see page 1201 the instIUdions . . . . . . . . . . . . . . . . . . . . . . . _ ~ 21 ... Summary of Credits From Separate Parts III (See page 12 of the InstnJCtiof1s.) 22 Credlt for taxes on passI\fe Income . . 22 23 credit for taxes on hlgh ~ng tax intl!test . 23 24 Credit for taxes on financial seMces Income . 4 25 CredIt for taxes on shipping Income . 2S 26 Credit for taxes on dividends /rom a DISC or former DISC and certain dlSlribullons Irom a FSC or former FSC 26 21 Credlt for taxes on lump-sum dislrtbUIIons . 27 28 Credlt for taxeS on certaln Income re-SOlI'C8d by treaty . 28 29 28 Credlt for taxes on generalllmllBtlon Income . . . . 30 Add lines 22 lhrough 29 . . . . . . . . . . . . . . . . . 31 Enterthesmallerofllne19orllneJO. . . . . . . . . . . . . 32 _n 01 aedlI: for Inl"" ..u...>dI boycott operallons. see InslrUCtlons for line 12 on page 10. 33 Subtract line 32 Irom line 31. Thls Is your foreign (ax credit. Erler here and on Form 1040, line 43: Form 1040NR. line 42; Form 1041. Schedule G. line 28: or Form 990- T line 40a . . . . _ ~ 33 30 31 32 (i) .on'1 t.5'3~ I :.> Fonn 1116 12001) - "-~,,-.,""''';.ik,,-,~,,__ WilLIAM L. SUNDAY DAWN S. SUNDAY Attorneys - at - Law copy 39 West Main Street. Ste. 1 Mechanlcsburg, PA 17055-6230 Phone (717) 766-9622 Phone (71 7) 766-9698 Fax (717) 795-7280 June 27, 2002 Cumberland County Court House Cumberland County Prothonotary's Office One Court House Square Carlisle, P A 17013 RE: Joy L. Nixon vs. Hilary A. Nixon, Docket No. 2000-6840, In Divorce Dear Ladies: On behalf of Plaintiff, Joy L. Nixon, I am enclosing 3 copies of a Motion for Appointment of Master in the above-referenced divorce matter. Please file the original and forward it to the Court for entry and return an extra time-stamped copy to me in the enclosed self-addressed, stamped envelope. If you have any questions or require additional information in order to comply with this request, please contact me as soon as possible. Thank you very much for your assistance. Sincerely, " .' /'1 _ '-(:iL<.L~~C0.?-.. Dawn S. Sunday cr DSS/cg cc: E. Robert Elicker, II, Esquire / Kent H. Patterson, Esquire Joy L. Nixon '"= ~~' .'......""~I~~r"IR '.---",_"":,, IN THE COURT OF COMMON PLEAS OF CUMBERI.AJ.'ID COUNTY, PENNSYL V AIHA crlPY 1 T()V T 1>.TTYf"l1\T Plaintiff vs. HILARY A. NIXON NO. 2000-6840 lIll Joy L. Nixon a master with respect to ( 1j:) Divorce ( ., ) Annulment ( ) Alimony ( ) Alimony Pendente MOTION FOR APPO INTMENT OF MASTER (Plaintiff) (~), the following claims: moves the court to appoint Lite (X) ( ) ( X ) (X) Distribution of Proper~' Support Counsel Fees Costs and Expenses and in support or the motion states: (1) Discovery is comp.lete as to the c1aims(s) ror which the appointment or a master is requested. NO - #7 Below (2) The defendant (has) (k~SXXMX) appeared in (by his atto~ey, Kent Patterson (3) The staturory ground(s) ror divorce (*~) or ~330l(d) - Irretrievable Breakdown of the Marriaae (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect tJ the NONE (c) The action is contested with respect to the following claims: distribution of erooertv, counsel fees, costs and exoenses (5) The action (involves) (does not L~volve) complex issues of law the action (personally) ,Esquire). (are) 23 PACS ~3301l~ follo.r~g claims: or ract. (6) The hearing is e.""!pected to take 4 (hours) (~). (i) Additional information, if any. relevant to the motion:Pl~int'iff is concurrentlv eroceedina with Motion to Comeel D<>f",odant tel CelIllP1",t", An",,",,,,,,,,, tCl . Interrogatories. /7 A J 17 Date: ~ J7 .k)o;;}- Dawn S. Sunday (IA~, ~1-- Attorney ror (Plaintiff) (~) AJ.'ID NOW is appointed master with ORDER APPOINTING ~!.<\.STER ,~ 2002, respect to the rollowing claims: Esquire, By the Court: J t6;1&ti{~i~b~t;1Ji;i;~Wt1~;~~y~}~it~;'::;'fli\tfg;~)&1-"t%:::1[:'eW__ ~ i' i ~ ~ i' I r i I ii I' j il 'I !; fl II f! :i ',,\ i il I f: i' ~ l\...^ --I ...r.. .:a li!.t ,;.yJ ti) .~. ,:,~i \-!;! v,.h ~~~ Il!;I i,.. OCOOfTl lllZ<;o ~.' 00 !!1..I;oOJ S1l~Om "Uom;o >ai;S:-1 ~"'>m -...Jenenr ~<:j-10 w(llm", 2.;om ;0 ::~ ,'a ~ ::::: .t-., .",:: := ,J.<'" ~' ." :~- '0+,- :t._ ...- .. ~. ....... ~~ ~'. ~.' :.i... ........ :~: - :i:.. ........ ..... t-": ~ ~ :: ="" S.... ~- :::r. I' :;,:.'.,-, " m en p c: ~ m '~--''''- < -~': '-'__ ..: ',. " :: ,'::'~~'1 .- _11-;\!t;:f,~;lik,Sf'li-&,;\!i':jL%2\':0:rt0~-DKi':~1~?1J.i1l)ji;1;:~:;1~h~B~ :;;: <D", .:= 0"" 0':= "'< - Q<l>):,F= ~'~a=~--- (Y:;;:~ z ~ ~ Q.~ U> _ CO :J u;" ~ . 'en ::E~Q C(flC .......CO.....2 ~<D ;"02 -.....J':-+a 0 ~1f'< ~ ~ "", "'- '" o ~ ~RQ', ~ ~ ~:,>He/~,~\. ~ ~ / '( "c::.\ f /,,' .....'S 'I) ---.I -0 :;0, . ":::> .-~.;.. C. ~ \~\;, 's<.1 ; ". < 0 'i 1. \'".'/ . ",-.."p qqq ! ! J 1 , 1 . \ . . \ ~ ,- , 'I ~ 1; , 'l :; ;; \ ~ \ " t \ ~ \ \ ! \ \. \ I ~~!~'~~J 'I' " J .I", I,', ii' . J " n" j. I' " UhU\ 1-,..., _ 1")'1';' J ~, ~ ."~ ~o'" ",~,,,,,,-,~.- 4-' ~ ,',n_ ,,__ --^''''<''''''','L'-, U!lI.,p. .... ~ WilLIAM L SUNDAY DAWN S. SUNDAY Attorneys - at - Law 39 West Main street. Ste. 1 Mechanlcsburg. PA 17055-6230 Phone (717) 766-9622 Phone (71 7) 766-9698 Fax (717) 795-7280 October 7, 2002 E. Robert Elicker, II, Esquire Office of the Divorce Master CUIllberland County 9 N. Hanover Street Carlisle, P A 17013 RE: Joy L. Nixon vs. Hilary A. Nixon, Docket No. 2000-6840, Civil, In Divorce Dear Mr. Elicker: As directed in your letter dated September 13, 2002, I am enclosing a Pre-Trial Statement on behalf of Plaintiff, Joy L. Nixon. I am also writing to object to the Defendant's request fora 60 day extension to file the Pre-Trial Statement. Ms. Nixon has been trying for two years to move the divorce proceedings to an amicable resolution. Her efforts have been continuously met by a lack of response and ongoing delay. As Mr. Nixon controls all of the marital assets, with the exception of my client's retirement accounts, we were only able to obtain asset information through Interrogatories, a Request For Production ofDocUIllents, and finally a Petition to Compel responses thereto. I was not aware that Mr~ Nixon was seeking discovery from my client but, as stated in Mr. Patterson's letter, I am happy to provide any information upon request. I had agreed to provide information pertaining to Ms. Nixon's retirement accounts and am doing so by copy of this Pre-Trial Statement. Ms. Nixon has no other information pertaining to marital property. My main concern with any further delay in this process is that Mr. Nixon is receiving substantial dividends from the parties' jointly owned stocks, and has been since the parties' separation in April 2000, without making any distribution to Ms. Nixon. Ms. Nixon will be seeking an equitable distribution of her 50% share of the dividends generated by the joint stocks. I would also point out that Mr. Nixon continues to reside in the parties' other major asset, which is the marital residence. _~-..~I 1_- ~~ , Ii<LI>.IIIlilI>..Ll (~ ~. ~~. ,... ~ I have no objection to Mr. Patterson filing the Pre-Trial Statement within the next week. However, I believe that Mr. Nixon's request for a longer extension is unreasonable in light of the fact that he has known this matter would be proceeding through the Master's office since the end of June. He also received the same notice as Ms. Nixon of the filing due date. This lack of cooperation al1d unresponsiveness by Mr. Nixon in these proceedings is the basis for Ms. Nixon's request for a contribution towards her legal expenses incurred as a result of his conduct. There are no complex legal issues involved in this matter and the Plaintiff is simply requesting her 50% share of the assets held jointly by the parties. Sincerely, Dawn S. Sunday DSS/cg Enclosure cc: Kent H. Patterson, Esquire ,.",. L. I~ ~. -'"- J - ,- ="'!l!lW!i~," IOI110~t- JOY L. NIXON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-6840 CNIL TERM HILARY A NIXON, Defendant IN DNORCE PRE-TRIAL STATEMENT ON BEHALF OF PLAINTIFF BACKGROUND The parties were married on June 2, 1973 and have two adult children. The parties separated on April 8, 2000. Joy Nixon filed these Divorce proceedings on October 5, 2000 and Hilary Nixon accepted service of the Complaint on October 12, 2000, Ms. Nixon, 52, resides at 1024 W. Foxcroft Drive, Camp Hill and is currently employed in ClinJical Management Configuration Support with Capital Blue Cross, Her biweekly net income is approximately $1550,00. Ms, Nixon has continued to pay for her husband's medical insurance coverage through her employer. Mr, Nixon, 56, has a PhD. in Theology. He has not been employed for the past 8 years but has a substantial independent source of income through gifts and inheritances from his parents. Mr. Nixon continues to reside in the marital residence located at 2811 Fairview Avenue in Camp Hill. .;~""=>-~- I ~ oq~l "~ -~ '""~-~" "~~'~l'i!ic ASSETS OF PARTIES I. NUUUTALPROPERTY DESCRIPTION VALUE DATE NON-NUUUTAL ENCUMBRANCES PORTION A. Marital resideIJ-ce: $158,000. 2000 Appraisal None None 2811 Fairview Ave. by Century 21 Camp Hill, P A $157,000. 2000 Appraisal ReMAX B. TD Waterhouse Joint $ 36,874. As of7/31/02 None None Account #438-03448 (Joint shares of Stock) C. Stocks: Joint Becton Dickinson 300 Shares 10/02 None None Bristol Myers Squibb 12292 Shares 10/02 None None Colgate 400 Shares 10/02 None None Pfizer 6000 Shares 10/02 None None Phillip Morris 390 Shares 10/02 None None Proctor & Gamble 400 Shares 10/02 None None Intel 800 Shares 10/02 None None D. Stock Dividends (I) TD Waterhouse $1058.98 In 2000 None None $ 929.28 In 2001 (2) Certificate stocks $16175.30 In 2000 (listed in C above) $18039.50 In 2001 $14163.63 In 2002 (through 9/24/02) E. COIllIllerce Bank Joint $ 772.02 10/03/02 None None Checking Account #0512068131 F. COIllIllerce Bank Joint Closed 5/00 None None Joint Savings Account G. 1984 Ford Explorer $15,000. 10/02 None None 1996 Audi $15,000. 10/02 None None - _,~,","",,,,,,__-b. -'-'~ .;1 i...~~__L~ _J.ll!i' -''''''''""""",",-~~",,,~ DESCRIPTION VALUE DATE NON-MARITAL ENCUMBRANCES PORTION H. Retirement Accounts Joy Nixon (1) Health Risk $5281.84 Management 401(k) #4-44803 3/31/01 None None (2) TD Waterhouse $1610.25 IRA Rollover #438-92679-1-7 $1615.46 12/31/00 None None 6128/02 (3) Lincoln Life Annuity $ 461.01 Annuity 403(b) #96-9081004 6/28/02 None None I. Household furnishings - Already distributed between the parties J. Miscellaneous: Canoe, fishing boat Guns, coin collection II. NONMARITAL PROPERTY Bryn Mawr Trust Stock - Husband III. INCOME Employer: Capital Blue Cross Income: Approximately $2300.00 gross biweekly/$1550.00 net (9/27/02 pay statement attached) IV. MARITAL DEBTS None ... ~~" ~~. L_ _~_,. .. - "l.id'd.H\ V. PROP0SEDDlSTRlBUTION All marital assets would be divided equally between the parties: A. If Mr. NilCon.des1r\)S to retain the marital residence, he would buy-out Ms. Nixon's one-half interest in the equity. Otherwise" the property would be sold with the net proceeds being distributed equally. B. The jointly held stocks would be distributed equally between the parties without selling any shares due to market conditions. Mr. Nixon would retain the Bryn Mawr Trust Stock without distribution. C. The joint TDWaterhouse account/stocks would be separated into 2 accounts of equal value with Ms. Nixon tnmsferring.her 50% share to a new TD Waterhouse account in her sole name. D. One-half of the value of all dividends generated by the joint shares of stock since April 8, 2000 (date .of separation:) would be distributed to Ms. Nixon. Mr. Nixon would retain his 50% share. E. Ms. Nixon would retain her retirement accounts. F. The parties would retain the motor vehicles currently titled in their respective names. G. Each party would retain the personal property in his or her current possession. H. Mr. Nixon would pay one-half of Ms. Nixon's counsel fees, a current itemized statement of which will be provided at Hearing. VI. WITNESSES Joy Nixon, Plaintiff VII. EXHIBITS A. Century 21 appraisal of marital residence (2000) B. Remax appraisal of marital residence (2000) C. TD Waterhouse Account Statements D. Stock Certificates: Becton Dickinson, Bristol Myers, Squibb, Colgate, Pfizer, Phillip Morris, Proctor & Gamble, Intel, Bryn Mawr Trust E. Income Tax Returns for tax years 2000 and 2001 (Joint) F. COIllIllerce Bank Joint Checking Account Statements - ;~"'" I~"'r<"~."_~,,," . L ,.l ~ ~ '"~_,"-i"" VII. EXHIBITS (continued) G. Retirement Account Statements: Health Risk Management 401(k), TD Waterhouse IRA, Lincoln Life Annuity 403(b) * H. Joy L. Nixon: Current pay stub * and 2001 income tax return I. Itemized statements reflecting counsel fees and expenses incurred by Ms. Nixon. * In accordance with Pa.R.C.P. 1920.33(b), copies of Exhibits not exceeding 3 pages are attached to this statement. Respectfully Submitted, ~,}~~ Dawn S. Sunday, Attorney fi laintifJ' ID# 41954 39 West Main Street - Ste. #1 Mechanicsburg, P A 17055-6230 (717) 766-9622 DATE: OcJoW 7 . dOOd- I