Loading...
HomeMy WebLinkAbout00-07982 , , , , . , . . , , , , , , , , . . . . , . , , , . , . . . , , , , , , , , , , , , , , , , , . . , . , . . , . , , . , , , , . . . . , . . , , '. . , -i, '~~'p, ".' , N ',~,. . ., ~ ~~ ~~~ ~~ ~~ ~ ~~~ ~~ ~ ~~ ~~~ ~~~~~~~~~~~~~~~~ ~ ~~~~~ ~ ~~~~~~~~ , . IN THE COURT OF COMMON PLEAS : . OF CUMBERLAND COUNTY STATE OF PENNA. KIM L. WRIGHT, Plaintiff No. 2000-7982 CIVIL TERM VERSUS DAVID L. WRIGHT, Defendant DECREE IN DIVORCE AND NOW, h14rr .:I~ , IT IS ORDERED AND ,2004 DECREED THAT KIM L. WRIGHT , PLAINTIFF, AND DAVID L. WRIGHT , 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; No issues are outstanding. All issues have been resolved and settled by the Parties' Marital Agreement dated January 8, 2004, filed of record, ... , . . . . . . , . . . . , , , . . . . . . . , . ~~~~ ~~~~ ~ ~~~~~~~~~ ~ ~~~ ~~~~~~~~~~~~~~~~TTT ~ ~T ~ and incorporated into, but 'not merged with, this Decree. By THE COURT: / ~~ PROTHONOTARY L. ~ _ I " .,~ , , . , . . . " " " " " " , . , . , , , . . . . . . , , , . . . . , . , . , . . , . , . . . , . . . . , , . . . . . J. "I ""0.,- . .....''''''''lli!!tl1i~g[Jlill;Jj.4'....''."'ilLULJi ,~\W,W.)!tll!iL JHIUllll lllllJiIIl, . '.";",~'.J.,'.',-tl\iiW!fM!ioIi~~Ull V1:~"imtlliliOlii~~"u ~ "dIl!\ill!!millJ,,,,,,,,,,,",,,,,,... ,~, , ..3-',).'t .Or' .5'~tJf ,. ' ,~ ~~'~~ ~ ~""'" ~ "~ "",; :' ~'~ ,~' ~ J ,/, . " . . - . -~ ~~L// I1dl~~tJ ry'--7? /1~ ~~~- ~ KIM L. WRIGHT, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 7982 CIVIL DAVID L. WRIGHT, Defendant IN DIVORCE ORDER OF COURT AND NOW, this do'^-- day of >>; t'2.j 2004, the economic claims raised in the proceedings having been resolved in accordance with a marital agreement dated January 8, 2004, and a supplemental agreement dated February 19, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Geo cc: ~ane G. Radcliff Attorney for Plaintiff ~bert L. O'Brien Attorney for Defendant ';> 05.~ -0" . '"'-~- . r __1""":' ~~~OO1J,i~.Jr~l't.'!ih,i!\'j,I!iUl",""""qi:Ii>~!#M;!<""llM.~~~'"*IK,",,,1i"j!!li,'~_";a*-"'$!l\ii!1'""Aq_"',,,",,jj-",''<l'li.,;;)iliMlJ.34&~~~iI>il!lf!l&~liiIllOIU~~~_lt'~ ho< 't..&.Ili!.i~~ OF FILE[}-.rJFRCE TI'c:'= P'R0TUmi1n'ADV ~ ! '...II r, '.1. 'j.... I ,~f ZOGl) ni1 Y 20 jG;,! 10' 29 d.. . CLit:/:j~:,-,~,: 'c" ~ i"-"-~'!!~.I""'1 ,f "-".-- '''_',-" -..)\,.)",.']"\11'( i':',-' .r,:,~\'J \1[1'1\!i':, , ,~, .' I."" -, \'If. lJ.".. J,ll~;;,,,.~IIJ!!!!Ij,.__.,J N. ., ~" - ~,. t1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~E8 2 6 2004 L KIM L. WRIGHT, Plaintiff NO. 2000-7982 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE DA VlD L. WRIGHT, Defendant ORDER AND NOW, this~ day of7J..u..u.0 ,2004, upon consideration if the within Agreement of the parties, IT IS HEREBY ORDERED that the terms ofthe parties' Supplemental Agreement~ ~ are hereby incorporated by reference and entered as an order of this court. BY THE COURT: /.0;/ j!.tJ~ () ~ I I J. Distribution to: Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, P A 17011 Attorney for Defendant: Robert L. O'Brien, Esquire, 17 West South Street, Carlisle, PA 17013 TRUE CO<:i'V t::/:'{P)' it,~ Nc:COr"'\.... " , ... 4"-, y II ~"", ':.\f~ VH.,~~ IT1U f.I'I TOlllimi}1!y wt~Wi3rr1, j tit'l" l.1!llO $~ nw tk\01O and the seal Gi sak! t).x.rl l1i Cal<i$Il. p..il_ Tlli~ 3} ~Ij ~ ~'1 . ( '/'"' () . $'t0 . Protl1onoiarv .,C. -'T ,_, ,'.<" ,_' I ,-,- , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, Plaintiff NO. 2000-7982 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE DAVID L. WRIGHT, Defendant SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT made this J0I14y of Febmary, 2004, by and between KIM L. WRIGHT, (Wife") of 30 Greenmont Drive, Enola, PA 17025, and DAVID L. WRIGHT, ("Husband") of 131 Salem Church Road, Mechanicsburg, PA 17050. WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on June 16, 1990 in Carlisle, Pennsylvania, and were separated on November 10, 2000; and WHEREAS, the parties entered into a Marital Agreement dated January 8, 2004, which provided for the distribution of their marital assets and debts; and WHEREAS, the January 8, 2004 Marital Agreement reserved the determination of the issue of alimony; and WHEREAS, the parties hereto are desirous of entering into this Supplemental Agreement to settling fully and finally the alimony issue, which shall act as a supplement and addendum to the January 8, 2004 Marital Agreement. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: ~ , po,"', "', 4'-.: ""-~5_ _ _, ~ , . I ,." ,~---, ,- 1. SPOUSAL SUPPORT/APL: The spousal support portion of the support order in the action docketed to No. 890-S-2000, Pacses No. 517102720 shall terminate on the date occurring seven (7) days after the date Wife receives her distribution from Husband's Carlisle Production Retirement Plan as provided in the January 8, 2004 Marital Agreement. Any arrears or credits remaining at the time of termination shall be deemed to be arrears or credits owed or due on the child support portion of the aforesaid support action. 2. ALIMONY: Husband shall pay Wife alimony in accordance with the following terms and conditions: A. Alimonv Amount: Husband shall pay Wife alimony in the amollnt of $1.00 per month. This alimony amount is based in part upon consideration of Wife's anticipated receipt ofSSI benefits in the amount of $591.40 per month and Social Security Administrations income limitations pertaining to SSI benefits. B. Alimonv Period: The alimony payments shall commence on the date occurring seven (7) days after the date Wife receives her distribution from Husband's Carlisle Production Retirement Plan as provided in the January 8, 2004 Marital Agreement and shall continue to be paid on he same day of each month for the month in advance thereafter for an indefinite period of time, or until the death of either party or Wife's cohabitation or remarriage, whichever shall first occur. C. Tax ReDorting: The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement and order of court. D. Modification: The alimony provisions set forth in this Paragraph shall be fully modifiable and subject to modification by the Court the same as if these alimony provisions had been entered as an Order or Court after hearing and not originally by an agreement. E. Pavment: Husband shall pay the aforesaid alimony amounts directly to Wife unless Wife requests payment though Domestic Relations in which event the alimony payment shall be made through Domestic Relations Office of Cumberland County, P A pursuant to a Court order to be entered for that payment and, if appropriate, Husband's wages shall be attached to guaranty that payment. 3. CHILD SUPPORT: Commencing on the date occurring seven (7) days after the date Wife receives her distribution from Husband's Carlisle Production Retirement Plan as provided in the January 8, 2004 Marital Agreement, Husband's child support obligation set forth in support order in the action -- - .~ -, "' .'<~'^ ", - ,-. - " 2 ,j - . docketed to No. 890-S-2000, Pacses No. 517102720 shall be modi 8 fed in accordance with the following terms and conditions: A. Amount: The child support amount shall be modified to and shall be $616.00 per month. B. Modification: The child support amount herein provided is based on the current financial circumstances of the parties and shall be subj ect to modification based on a substantial change in those circumstances, but in no event shall the child support amount be any less than amount necessary to provide Wife with a total monthly income of $1,208.00, which amount is to be calculated as the sum of any income from alimony, SSI benefits for Wife, SSI benefits for the child and child support. 5. HEALTH INSURANCE: Husband shall continue to provide cobra health insurance coverage on Wife until the earlier occurrence of the date Wife secures medical insurance coverage as part of her SSI benefits or two (2) months from the date of this Supplemental Agreement, whichever shall first occur. The foregoing notwithstanding, Wife shall be entitled to elect the continuation of that cobra health coverage provided that she shall be solely be responsible for the payment of and pays the costs therefor. Husband shall be required to provide Wife with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. 6. DEPENDENCY EXEMPTION: For the 2003 tax year, Husband shall be entitled to claim the dependency exemption for the parties' child, Jessica Lynn Wright on his 2003 federal income income tax return. Thereafter, the parties shall alternate annually the right to claim that dependency exemption, with Wife having the right to claim the dependency exemption in even numbered years and Husband having the right in odd numbered years. The foregoing notwithstanding, if the dependency exemption is worth more in tax savings to Husband than it is to Wife, then Husband may claim the dependency exemption in Wife's even numbered years as long as Husband pays Wife the amount of her increase in taxes resulting from Wife's loss of the right to claim that exemption in even numbered years. If Wife has no taxable income in any given even numbered year, Husband's right to claim the dependency exemption shall be automatic. If, however, Wife has taxable income, then no later than March 15th of each even numbered year the parties shall prepare and exchange with the other party their respective preliminary federal income tax returns both with and without claiming the dependency exemption, and if then Husband decides to claim the dependency exemption he shall provide Wife with written notification thereof together with payment of her increase in taxes as aforesaid no later than April 1 st, in which event Husband shall have the right to claim the dependency exemption and Wife shall refrain from claiming it on her federal tax return. 7. SUPPLEMENT: The terms of this Supplemental Agreement shall be deemed to be a supplement 3 and addendum to the January 8, 2004 Marital Agreement incorporated by referenced hereto. Should there be a conflict between the terms of this Supplemental Agreement and the teons of the January 8, 2004 Marital Agreement the terms of this Supplemental Agreement shall govern. In all other respects the parties hereby confim1 and ratify the January 8, 2004 Marital Agreement. 8. COURT ORDER: the parries agree thatthe terms of this Supplemental Agreement shall be entered as an order of Comi, and authorize the Court to enter the order incorporating the terms of this Supplemental Agreement attached hereto. 9. BINDING EFFECT: By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: ,- ~rJ6~ #4irJrf DA L. WRIGH Date: :2-- / < ~ 0 t; (SEAL) I ~tf4 -( 11/-t;1k / M . WRIGHT Date: 'J. - J e:r - C? t-f (SEAL) 4 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the _ day of ,2004, before me the undersigned officer, personally appeared, DAVID L. WRIGHT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN On this the day of ,2004, before me the undersigned officer, personally appeared, KIM L. WRIGHT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. NOTARY PUBLIC My Commission Expires: '-~' -. <':_ ',r, - ., ~ 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, Plaintiff NO. 2000-7982 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE \2 1""-'_.1 DAVID L. WRIGHT, Defendant .' (,", o C.:.l "'1'1 C- :r! :-: fT1 rT1 -.......fTi -,._, C.::; (..,) C", I ..:.-:, C) . 7-" ~ " -'1 ., --.. ~;:';' >~ N ain .&,- ~;3 (/) --< "';:-'".'- .::~ ~~ MARITAL AGREEMENT BETWEEN KIM L. WRIGHT AND DAVID L. WRIGHT ~ ,-- ~" ~- ,~ """. - ,- " ~-,~ :- - >.' 1.,- INTRODUCTION THIS AGREEMENT made this ~y of January, 2004, by and between KIM L. WRIGHT, (Wife") 000 Greenmont Drive, Enola, PA 17025, and DAVID L. WRIGHT, ("Husband") of 131 Salem Church Road, Mechanicsburg, PA 17050. WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on June 16, 1990 in Carlisle, Pennsylvania, and were separated on November 10,2000 WHEREAS, The parties are the parents of one (1) children: Jessica Lynn Wright, born November 13,1992, (the "Child"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, except those matters as may be excluded by specific provision hereinafter set forth. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: END OF INTRODUCTION - 1 - . . '''"~-''''~--''' ., . ,~" ~ - - -~" . , . - '~... .,,"~ . " SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in Wife's above captioned divorce action. The parties have signed and will file their Affidavits of Consent and Waivers of Notice. Within five (5) business days ofthe date of the entry of the final order pertaining to alimony, Wife will file all the remaining documents necessary to secure the entry of the Divorce Decree. 1.03. EFFECT OF DIVORCE DECREE Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each -party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 1.04. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Diane G. Radcliff, Esquire for Wife, andRobertL. O'Brien, Esquire, for Husband. The parties acknowledge that they have received independent legal advice from counsel oftheir selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.05. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (I) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as ofthe date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings -2- ,t ,~ ,- ,e and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.06. MUTUAL RELEASES Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims A~ainst Propertv or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Dower. Curtesv. Widows Ri!!hts: Any and all rights and claims of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; C. Life Time Convevances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealtll of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; D. Marital Ri!!hts: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. E. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.07. WAIVER OR MODIFICATION No modification or waiver of any of the tem1S hereof shall be valid unless in writing and signed by - 3 - --':'""~~~~- - "--' "~, " ""," , ' _,h,;_' both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.08. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.09. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.10. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.11. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative, and not in the alternative, unless said curnulative effect would have an inconsistent result or would result in a windfall to that party: A. Soecific Performance: The right to specific performance ofthe terms ofthis Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific perfornlance. B. Damll~es: The right to damages arising out of breach of the terms ofthis Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 P A. C.S.A. 3502( e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereofby any other similar laws. D. Other Remedies: Any other remedies provided for in law or in equity. -4- ~1. "-~_'"_~,_~~,,".~ __,,'"___ ^_~. . :-~ ., " E. Considerations for Reasonable Attornevs Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of(1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. F. In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.12. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 1.13. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of tllis Agreement nor shall they affect its meaning, construction or effect. END OF SECTION I - 5 - ", "_.0 ',",.,. ~, ,"'_ t. _ __ -')" SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. PROPERTY AND DEBT DIVISION AND DISTRIBUTION The parties' marital assets and debts shall be divided and distributed in accordance with the following provisions: A. Retirement Plan: Wife shall be entitled to and shall be paid the sum of $26,952.25 from Husband's Carlisle Production Retirement Plan. This payment shall be made to her by way of an outright distribution and wife shall therefore be required to pay any taxes and penalties associated with that withdrawal. In the event it is determined that such distribution cannot be made without tax consequences to husband then the payment shall be made to her pursuant to a QDRO to be prepared by wife's attorney. Husband shall retain the remaining balance in his Carlisle Production retirement plan as his sole and separate property. B. Other Prot;>ertv: The distribution of all other assets and property is hereby specifically waived and each party shall retain whatever property in his or her possession as his or her separate property. C. Debts and Oblil!ations: Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indenmify and save Wife harnlless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation. Wife represents and warrants to Husband that since the separation, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation. Each party waives the right to any further distribution of any marital debts previously paid or being paid by a one of the parties hereto. D. Waiver: Each of the parties specifically waives, releases, renounces and forever abandons - 6 - .j..,,- .: <,-'~'-",I . "",- -: '",.-" whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. 2.03. TAX PROVISIONS The parties believe and agree that the division of property made to be made pursuant to the terms of this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. END OF SECTION II -7- "J, -"- '-,-' I'"'' , , -~ , ~o ~ ,- T SECTION III COUNSEL FEES, SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY, AND LIFE INSURANCE 3.01. WAIVER OF COUNSEL FEES The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY AND SUPPORT The parties agree that the determination of alimony is specifically reserved for determination by the Divorce Master. lfthe Divorce Decree is entered before the final order is entered with respect to alimony then any order entered for spousal support shall be automatically converted into an order for alimony pendente lite and shall remain in effect until the final decree is entered by the court. and maintenance. END OF SECTION III - 8 - I', r,'. _('"_R.'___-,_, .Or'," .. ,,, ~ . , ~ ,- SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall,be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: \ ----R~ <<P:~P (SEAL) DAVID L. WRIGHT Date: r )"-oV - &tir?~"tHit 'jit (SEAL) Date: 1-1', -0'-1 END OF SECTION IV - 9- t" -" "", __'_~_ ,. _ _ _';..', ,"" __' . ,_ - ,- ~, - ,I, " ". -,"- -, I~ "'. - COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the f!Jf- day of ~u~ ,2004, before me the undersigned officer, personally appeared, DAVID L WRIGHT, kn n to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. YPUBL~ ( ssion Expires: Notarial Seal . Diane G. Radcliff. Notary Public Camp Hili Bora, Cumberiand County My Commission Expires Jan. 11, 2004 Member, Pennsylvania ASSOCiatIon ot Notane~ COMMONWEALTH OF PENNSYLVANIA c:::.....:,l'V'. ~~ COUNTY OF DAUl'HlN SS. On this the B 1- day of appeared, KIM L WRIGHT, known to me (or subscribed to the within Agreement, and acknowI contained. , 2004, before me the undersigned officer, personally tisfactorily proven) to be the person whose name is dged that she executed the same for the purposes therein IN WITNESS WHEREOF, I h~ve he~y ~~ial, (J \ NO':;YPUBU~ -'--'( ( C My Co ission Expires: Notarial Seal , Diane G. Radc\iH, NotcHY pupllc Camp Hill Bora. Cumberland COO!'~\~4 My commisSior~~:~::,~,,:~r~_...~~~.:,,~ -'---~"--, "\"_'H"'I~':'II,,!,,',jr'I,_\;f~I-1P<:: M81n~ll)r. F8nn:~V \!Cllll.J I- , - 10- - ~._""",,": .".'- - ,'- ,,"'-' . , I' ", . . -f(','::-i';,{" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L WRIGHT, Plaintiff NO. 2000-7982 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE DAVID L WRIGHT, Defendant MARITAL AGREEMENT BETWEEN KIM L. WRIGHT AND DAVID L. WRIGHT 1"''Il'1 ~ ". , -, , ",. , " ",.",,"" INTRODUCTION THIS AGREEMENT made this ~y of January, 2004, by and between KIM L. WRIGHT, (Wife") ono Greenmont Drive, Enola, PA 17025, and DAVID L. WRIGHT, ("Husband") of 131 Salem Church Road, Mechanicsburg, P A 17050. WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on June 16, 1990 in Carlisle, Pennsylvania, and were separated on November 10,2000 WHEREAS, The parties are the parents of one (I) children: Jessica Lynn Wright, born November 13, 1992, (the "Child"), WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates, except those matters as may be excluded by specific provision hereinafter set forth. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: END OF INTRODUCTION - 1 - ""-- - ,. , , SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault Divorce Decree in Wife's above captioned divorce action. The parties have signed and will file their Affidavits of Consent and Waivers of Notice. Within five (5) business days of the date ofthe entry ofthe final order pertaining to alimony, Wife will file all the remaining documents necessary to secure the entry of the Divorce Decree. 1.03. EFFECT OF DIVORCE DECREE Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties, The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall Ilot, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 1.04. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Diane Q, Radcliff, Esquire for Wife, and Robert L. 0 'Brien, Esquire, for Husband. The parties acknowledge that they have received independent legal advice from counsel oftheir selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.05. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings -2- ',;;1" - and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.06. MUTUAL RELEASES Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Al!ainst ProDertv or Estate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Dower. Curtesv. Widows Ril!hts: Any and all rights and claims of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; C. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; D. Marital Ril!hts: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. E. Breach ExceDtion: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.07. WAIVER OR MODIFICATION No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by - 3 - ';,;;>. ~ both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.08. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.09. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.10. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.11. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative, and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall to that party: A. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. B. Dama\:es: The right to damages arising out of breach of the terms ofthis Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502( e) of the Pennsylvania Divorce Code, 23 P A. C.S.A. 3502( e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. D. Other Remedies: Any other remedies provided for in law or in equity. -4- " _>C_ E. Considerations for Reasonable Attornevs Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. F. In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.12. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 1.13. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. END OF SECTION I - 5 - '-',,,"'If. ,~ ,-I SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. PROPERTY AND DEBT DIVISION AND DISTRIBUTION The parties' marital assets and debts shall be divided and distributed in accordance with the following provisions: A. Retirement Plan: Wife shall be entitled to and shall be paid the sum of $26,952.25 from Husband's Carlisle Production Retirement Plan. This payment shall be made to her by way of an outright distribution and wife shall therefore be required to pay any taxes and penalties associated with that withdrawal. In the event it is determined that such distribution cannot be made without tax consequences to husband then the payment shall be made to her pursuant to a QDRO to be prepared by wife's attorney. Husband shall retain the remaining balance in his Carlisle Production retirement plan as his sole and separate property. B. Other ProDertv: The distribution of all other assets and property is hereby specifically waived and each party shall retain whatever property in his or her possession as his or her separate property. C. Debts and Oblie.ations: Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife hannless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation. Wife represents and warrants to Husband that since the separation, she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband hannless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, Each party waives the right to any further distribution of any marital debts previously paid or being paid by a one of the parties hereto. D. Waiver: Each ofthe parties specifically waives, releases, renounces and forever abandons - 6 - , whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement 2.03. TAX PROVISIONS The parties believe and agree that the division of property made to be made pursuant to the terms of this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. END OF SECTION II - 7 - ,~," " "I 'I - ~.~~.,- SECTION III COUNSEL FEES, SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY, AND LIFE INSURANCE 3.01. WAIVER OF COUNSEL FEES The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY AND SUPPORT The parties agree that the determination of alimony is specifically reserved for determination by the Divorce Master. If the Divorce Decree is entered before the final order is entered with respect to alimony then any order entered for spousal support shall be automatically converted into an order for alimony pendente lite and shall remain in effect until the final decree is entered by the court. and maintenance, END OF SECTION III - 8 - :"'NI!1J', I) ~~ - 1 " . . SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: \ '1=<'~ -d ~4;p (SEAL) DAVID L. WRIGHT Date: /- )'-ot; - iktir?~?ril Jjit (SEAL) Date: I-~ -0'1 END OF SECTION IV - 9 - ,~. 'r~",-""'" , 1- COMMONWEALTH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND On this the EJf-- day of ~0~ ,2004, before me the undersigned officer, personally appeared, DAVID L. WRIGHT, 1m n to me (or satIsfactonly proven) to be the person whose name IS subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. RYPUBL~ ( ssion Expires: Notarial Seal . Diane G, Radcliff, Notary Public Camp Hill Bora, Cumberland County My Commission Explfes Jan. 11, 2004 Member, pennSYlvamaASSOClatlOnOfNotarie~ COMMONWEALTH OF PENNSYL VANIA c:......,"'^~~ COUNTY OF Dy',Ul1l1N SS. On this the g +-- day of , 2004, before me the undersigned officer, personally appeared, KIM L. WRIGHT, known to me (or tisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowl dged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. \ Myg~ ~:"~;~:,,~ ( Notarial Seal . Diane G. Radcliff, Notary PubliC Camp Hill Boro, cumberJiand ~ou;0~4 My Commission Expires ~~. , A '''''I.,tlonnfNotarjp.l:: Member, pennsylVarllll 58",_, f.'. . - 10 - '-"'4' ~ Moo, '-- I ! ~- - '_ i I> " ..~~~ Q "" <'" 0 ':-:::; ~;) 'Tl 4,.- --. C- --/ ):.- --r Z iTil1 r- , ..am GO ::QO '") , ~"'O -,.." ~.c -rj -,,,~ ~;5~ ,-"-..- r0 ..... :...~ -.. , ..< .:;- ::~ en -< ~~~~ ~~Fr..~ji~!I!iiIJi!II!II~-t.~m~Ill'$Ij'!!"r:~U;Yt'>"'~,'~i"~1!I'1'Htl"''''11~'%.l'Pf-1~~Q!i\lm~~I~tI&lJ!Nl~.", . \f/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, Plaintiff NO. 2000-7982 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE DAVID L. WRIGHT, Defendant OUALlFIED DOMESTIC RELATIONS ORDER THIS CAUSE coming on to be heard for the purpose of entry of a Qualified Domestic Relations Order as defined under Section 206(d)(3)(C) and (D) of the Employee Retirement Income Security Act of 1974, as amended, and Section 414(p)(2) and (3) of the Internal Revenue Code of 1986, as amended and the parties having provide their approval as hereafter indicated, THE COURT FINDS AND IT IS HEREBY ORDERED AS FOLLOWS: I. It has jurisdiction of the subject matter and the parties hereto. 2. For the purposes ofthis Order, the term "Participant" means David L. Wright, and the term "Alternate Payee" means Kim L. Wright. 3. This order is entered incorporating the terms of the parties' Marital Agreement dated January 8, 2004, and is made pursuant to a state domestic relations law, the Pennsylvania Divorce Code, which Decree relates to the provisions of child support and marital property rights for the Alternate Payee who is a spouse or former spouse of the Participant. 4. The Participant is a participant in the Carlisle Production Retirement Plan (hereinafter referred to as the "Plan") to which this Order applies. 5. The name and last known mailing address of the Participant is: 4 Knoll Bldg, Middletown, P A 17057. Participant's Social Security Number is: 162-48-9896 6. The name and last known mailing address ofthe Alternate Payee is: 2727 Foxianna Road, Middletown, Pa 17057, Alternate Payee's Social Security Number is: 195-50- 9838. - 1 - i'''' ~ - ~iIr ~lill:MI~"$i~~.!lii"'ilOJ~~~""'"cia'~Q-: ~_l!~~:!!"':i$.iit~!#.:i!lI"...m.R1J:kWO~il.iH _ \ . "" ,,~a~~~' ~ . ""Wil/io'''' -UJl'ila.~ Rl8)-OFFiCE OF THE PROTl-lONOTA,o,y 200~ MAR 26 Atl 8: 43 CUMBEf!Lfll'iD COU[lfTV PENNSYLVANIA ~~A\i. ~~-,~ - ~ j- ''\ 7. The Alternate Payee shall be entitled to receive an amount equal to $26,952.25 determined as of January 8, 2004 together with any earnings and loss thereon from and after that date. 8. Distribution to the Alternate Payee shall be made in a single lump sum payment as soon as practicable after the date of entry ofthis Order and approval of such Order by the Plan Administrator under the Plan. Amounts awarded to the Alternate Payee under the terms of this Order shall be payable directly by the Plan to the Alternate Payee. It is the intention ofthe parties hereto, that said payments shall be taxable to the Alternate Payee under the provisions of Sections 72(m)(lO) and 402(e) of the Internal Revenue Code of 1986 9. Nothing in this Order requires and this Order shall not be construed to require: A. The Plan to provide any type or form of benefits or any option not otherwise provided for under the Plan; B. The Plan to provide increased benefits (determined on the basis of an actuarial value); or C. The payment of benefits to the Alternate Payee which are required to be paid to another alternate payee under an order previously determined to be a Qualified Domestic Relations Order. 10. It is intended by the parties hereto, that this Order will qualify as a Qualified Domestic Relations Order pursuant to the Retirement Equity Act of 1984 and that it shall be interpreted and administered in conformity with such Act. 11. This Court expressly retains jurisdiction over the parties and the subject matter hereto established or maintain this Order as a Qualified Domestic Relations Order. All J. - 2 - "'1",IHll " -" , . .1 ~ ... ~-, .-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, Plaintiff NO. 2000-7982 CIVIL TERM v. CIVIL ACTION - LAW IN DIVORCE DAVID L. WRIGHT, STIPULATION AND APPROVAL OF DOMESTIC RELATIONS ORDER The parties together with their respective legal counsel stipulate and agree that the foregoing Domestic Relations Order shall be entered by the Court as an order of court. IN WITNESS WHEREOF, the parties and their legal counsel have set their hands and seals the day and year above written. '~ Attorney for Participant .~#J/A ~pat Dated: .;1 - I 'do - 0 '-l Dated: 2~/2.-0Lj K ~~~^ ~-.F Alternate Payee Dated::=89- 01../ . - 3 - _"""""",,"~~~~i\l!l ,~- .. .. " .....' 4. ,-. r-,:} 0 -,.I c;;;:;. ~-=: = ''Ii :::r. -4 T :="..:," r1l F1 :;-!:J ",.. -=-R in 0,' \J 0) ,v C) (~J -'--1 ,,",-"," ::r:: ~ ',=) (') ::;:--::::: ITI ~ c:) j 'J';:": 1',) -'--' c;:.1 "" "~~~ ITlfT__.,.....ol1''''~,'<'l:jl;1't','~~''''i''~!'lI<,,~~''''''''I!!!!!_~"_.'''''~=.!tjJj-~'~'~,'''>1.,..!,N,'li",*"1!P,"'IT':~ll~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA o ORIGIN4L KIM L. WRIGHT, Plaintiff v. No. 2000-7982 CIVIL TERM DAVID L. WRIGHT, Defendant CIVIL ACTION - LAW DIVORCE PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE a. b. c. OF FILING AND MANNER OF SERVICE Date of filinq of Complaint: Manner of Service of Complaint: Date of Service of Complaint: OF THE COMPLAINT: November 13, 2000 Acceptance of Service November 21, 2000 Defendant's Atty. 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: January 8, 2004 b. Defendant: January 8, 2004 OR DATE OF. EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301 (D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. . ate of Execution: b. te of Filinq: c. ; Date of Service: N/A N/A N/A 4. RElATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated January 8, 2004, which Agreement is to be incorporated ;into but not merged with the Divorce Decree. 5. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D) (1) (I) OF THE DIVORCE CODE: a. Date of Service: N/A b. Manner of Service: N/A OR DATE WAIVER OF NOTICE IN SECTION 3301 (C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: January 9, 2004 b. Defendant's Waiver: January 9, 2004 I "--'." '-'.- r_,_ ill '."~ - ~ ,. H' "" ~ - -, ~.; o -r ~ rn:!l r- -om ::00 S:;:6 IIi ,....'):::J :::.:~.O c5m ~~ .&"" . ~! -.! \\ r- ~., , J ~ 0 c: => 1'1 ~ or- :E --I ;:;:::'" I" -< n1F ,....., -nm :;jO - -) , .. ':'1 e) '. = ~;~~ , - 0 c5m :;:=: -., ,..,. -:J U1 ~IJ -~ CJ1 .-..< "iRII__~~~_,(" ,~.."Iff~~_,; b!ilI~~~~!~ij9,1_~I,~..",~ __~~,," J_IHf_"f_~?'11.~lt "0' n'" .,1;1. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KIM 1. WRIGHT, v. : CIVIL ACTION - LAW Defendant : NO. 00- '19&;? : IN DIVORCE CIVIL TERM DAVID 1. WRIGHT, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree 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 the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle,PA 17013 Phone: (717) 249-3166 .,,.,,. "~ ~ , ""; '""'..,,-, --,-" = < 1-- ~< - - -, --~I -- , . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KIM 1. WRIGHT, v. : CIVIL ACTION - LAW Defendant : NO. 00- '196;U : IN DIVORCE CIVIL TERM DAVID 1. WRIGHT, COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Kim 1. Wright, who currently resides at 1239 Spring Rd., Carlisle, Pennsylvania 17013, Cumberland County, Pennsylvania, and has resided there since June 1999. 2. Defendant is David 1. Wright, who currently resides at 100 Willow Mill Park Road, Mechanicsburg, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on June 16, 1990, in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage 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 the Court to enter a Decree of Divorce. ..~o < ~ . '<' " ~ ,---'- ~ r COUNT II Fault Grounds for Divorce 9. Paragraphs 1 through 8 of this Complaint are incorporated herein by reference. 10. This action is not collusive. 11. Neither Plaintiff nor Defendant are enlisted in the armed forces ofthe United States of America. 12. During the time of the parties' marriage, the Defendant engaged in a course of conduct that constituted indignities to the Plaintiff, who was injured and innocent, and such conduct by the Defendant rendered Plaintiffs life intolerable and life burdensome. 13. Defendant willfully and maliciously deserted Plaintiff without reasonable cause, and such desertion commenced on October 16, 2000. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter a decree of divorce terminating the marriage of Plaintiff and Defendant. ";,.,., '.-".", ' - .-" r- ~ - ' "1-,- 'I ) ,-- COUNT III Request for Equitable Distribution Under Section 3502 of the Divorce Code 14. Paragraphs 1 through 8, of Plaintiffs Complaint are incorporated herein by reference. 15. Plaintiff and Defendant have acquired property, both real and personal during their mamage. 16. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. COUNT IV Request for Alimony Pendente Lite and Alimony Under Section 3701 and Section 3702 of the Divorce Code 17. Paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference. 18. Plaintiff is unable to sustain herself during the course of this litigation. 19 Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. ,,~ , ,_",r '-f ',. ""--' ,. I ~- 20. Plaintiff requests the Court to enter an A ward of Alimony Pendente Lite until final hearing, and thereupon to enter an Order of Alimony in her favor, pursuant to Section 3701 and Section 3702 of the Divorce Code. 21. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards ofliving established during the marriage. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of Alimony Pendente Lite until final hearing, and thereupon to enter an Order of Alimony in her favor, pursuant to Section 3701 and Section 3702 ofthe Divorce Code. COUNT V Request for Counsel Fees, Costs and Expenses Under Section 3104, Section 3323 and Section 3702 of the Divorce Code 22. Paragraphs 1 through 14 this Complaint are incorporated herein by reference. 23. Taylor P. Andrews, Esquire, is currently representing Plaintiff as per a pro bono referral from Legal Services, Inc.. If property is awarded to Plaintiff that renders her ineligible for a free attorney Plaintiff will experience a hardship to pay resulting fees. Plaintiff should not be forced to accept legal representation on a pro bono basis because Defendant is able to pay reasonable attorney fees for Plaintiff's attorney. 24. Plaintiff is unable to pay the necessary counsel fees, costs and expenses and Defendant is more than able to pay them. 25. Reserving the right to apply to the Court for temporary counsel fees, costs, and expenses, prior to the final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff s reasonable counsel fees, costs, and expenses. ~- - _~ ,0.., _ ,'" --.,,'-- '- -'j- -, - ,< .-' - ..."., ,~ WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3323 and Section 3702 ofthe Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs, and expenses. By: ANDREWS & J o P. Andrews, Esquire A eys for Plaintiff 78 W. Pomfret Street Carlisle, P A 17013 (717) 243-0123 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. S 4904, relating to unsworn falsification to authorities. Date: J 1-<1-00 -K ,';''1 i' 0-f..;) A ,~;( Kim 1. Wright Plain ff -, ~ .,"," ' '" ,-'. - _~e , ,~ I '. ~- " I" Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA KIM 1. WRIGHT, v. : CIVIL ACTION - LAW Defendant : NO. 00- 79?;J : IN DIVORCE CIVIL TERM DAVID 1. WRIGHT, PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Kim 1. Wright, Plaintiff, to proceed in forma pauperis. I, Taylor P. Andrews, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs oflitigation is attached hereto. Date: 1{-/~tyD yl P. Andrews, Esquire rney for Plaintiff 78 West Pomfret Street Carlisle, PA 17013 (717) 243-0123 Supreme CourtID: 15641 ',,,,,,., , __' ;_,"_~." _'I ---'' -,," ,- - I -, ;:ILE No.953 11/08 '00 :2:55 ID:LEGAL SERVICES, INC. FRX:7172438026 PAGE :" J<{ vvt L vJq<; ( f : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYI.VANIA vs. iJ <l 'lid L- Wri r 4 +Defendant : NO. CIVIL TERM AFFIDAVIT IN SUPPORT OF Plj.TI1'ION fOR LEAVE TO PRpCI3ED IN FORMA PAUPERIS 1. I am the Pia,,,, 1< FFin the above matter and because of my financial condition am unable to pay the fees and costs Of prosecuting, defending. or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associateS, to pay the costs of litigation. 3. I represtlnt that the information below relating to my ability to pay the fees and costs is tme and correct. (a) Name: kl<N\ L _ Wr,? h {- Address: Jd-.3'7 $pn""'1 ed, \ (1.,,/ts/e, Pc. J 70(3 (b) Social Security Number: jCjS' ~5'6 - 'lg ~g If you are presently employed I state Employer: ~ tJlIL~f/o1-ec1 Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: 19 iJ Z- Salary or wages per month: :If G:;OO 11. e./ Type of work: Cook. '<j .. . . . I cILE No.953 11/08 .0013:55 ID:LEGAL SERVICES, INC. FRX:7172438026 PAGE 4 \c) Other income within the past twelve months Other self-employment: 6 C> BusinesS or profession: Disability payments: C> o <:) o _ fhov;-L, aN/IC& ~ c-... hI .55 T ('3 .JJ ~f-V1"j,~ ') J 'fl dSO S,'v..ce. s~=nb<A &<>1. (j:!:F. /0( ZMO () Interest: Dividends: Pension and annuities: Social Secmrity benefits: Support payments: Unemployment compensation and supplemental benefits: () Workman's compensation: 0 Public Assistmlce: C> Other: 0 (d) Other contributions to household support (Wife)(Husband) Name: /Ja..\)(d L. Wn~ (-/- if your (husband) (wife) is employed, slate Employer: Ca.r)'$ Ie Prod Jc..f( c"'!5 f( . Salary or wages per month: t.f(X)C) d, Type of work: MalO'f ~<A.quce. 1J(~ Contributions from children: 0 (e) Property owned Cash: :/II Checkina Account: C) Savings Account: C) Certificates of Deposit: (;) '~ '_ 'i . -'-'-! I I, FILE hlo .953 11/03 '00 13 :55 ID:LEGAL SERVICES, INC. FAX:7172433026 PAGE ~, Real Estate (including home): Motor vehicle: Make f.5cd'5-€ Year 16f!if , Amount owed CJ (!) Cost Other: (!) o Stocks; bonds: (f) Debts and obligatiol1$ Loans: o SSe), ti) p.er tMO, .;:)eJ'..ef'l:< I - bo./Q'-1e.E':5 Monthly Expenses: :f TSD ~- tf'vt KVLO W \/} Mortgage: Rent: (g) Persom dependent upon you for support (Wife) (Husband) Name: Children, if any: -<' '(,Jr<1 L {.- Name:.J.e.sS\C"i Age: '6 Irs . 4. I understand that! have a continuing obligation to inform the court of improvement in my fll1ar.cial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are tnlt 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. Date:11=- <?-C:::O Xt;-yl'1..<.hC:j-:1 ~ , , - ~-'-'~,', I~' " _. -~. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KIM 1. WRIGHT, v. : CIVIL ACTION - LAW Defendant : NO. 00- 7982 CIVIL TERM : IN DIVORCE DAVID 1. WRIGHT, ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce on behalf of the Defendant, David 1. Wright, in the above-captioned action and I certifY that I am authorized to do so. DATE:~I ~[JD By: Robert 1. O'Brien, Esq. 17 West South Street Carlisle, P A 17013 (717)249-5755 Supreme Court ID: .5('8351 Attorney for Defendant r__,~~_,_ - ,~ . ". .. '-,'. ., ".. 0"_,., i- ~" ,- ...",.",,1----- -' , .jI! ~~~ ,,"-^ '"~.."~, ~~. ~~-~-""''"'"''"< ,',,"' "" C) ,...., ,-"..... ,~ c: 0 '."J . " "'.' ~ -n ~:3 "- n'l tr z~ "- 2: ~' :-"0 u:- ;:"5 ~:: ~ -T~ ~ ( ~ - , )> ::'1) -." , " :-Z::: :Al ~~;1 -( :q "<, ."j , ~" ,..-,'""~~_.~. fl1!ll'l ,_",,"'~1. I 'll:rl.___""",,#I!I'!'lIil-'-"'f ~_-!lI~ffffil"iJi'j-'Y."-;"fflPl%"I"!~~'er;"'t~f~~~"'~j~~~~I~~'f~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, Plaintiff NO. 2000-7982 CIVIL TERM DAVID L. WRIGHT, Defendant CIVIL ACTION - LAW ~ IN DIVORCE 8 ~ g c- ""1"} }}:i nl,j. > 2?;~ ~ ~~:: \D ::;::c~ \..1 z,.....;: 3: >C=: N 2: ~.. A Complaint in Divorce under Section 3301(c) of the Dttor~ J;:"' V. AFFIDAVIT OF CONSENT o -n --t x-n n1r= -ot9 ~6 ::;:l"T. --n 0- Zo "-rn o )j ~e 1. was filed on November 13, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. l-'P-~Lf Dated:~p ~~ IiI~~~ '-", -~~, ~ . ~ >-j I' .. ~ ~ "'t. ~c~,~ !ll'~ "" 9 r-..> = () '- = ., $: ..r- ,-,..-" '- -4 IT! 1'-;0: ~ :J:-" ::::;',':".''- z: m.- ..c._ t -Dm (/) :J:16 cD 0 ~,~~- "' ::::1,. .~ ,.J f~ :rJ --c' ~ ':;7 C) "'-- ;:::;;;:;m .P- N C/ ;~ ~_i )~.,; ---1 Ul ::0 -<: ,J:."' ~.< ,__~__'f!'3iI!_".I~"'i~lllP\\tll'!ll-_""~'"""''''''''''''''9,."~,p.w,;>F'-'''''~''''''''','i('~"'f'I"""f"""_''''''i!j_'!.'I'!!il~-''''1'_'''~~f'!'l!~~)rjijJ1!i'f!l1'!Wf@iffl!Pli!!!l'f41_.~_...,"~, ~ "7'. ':'"~'~,,' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, Plaintiff NO. 2000-7982 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE DAVID L. WRIGHT, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: I-$" r")y M~~I~.f~f7/7 :'-~,- ". C' "" '-IM-" ,~ , ,-, " . 0 ....., 0 = c...:.: = " $" .z- <- ---I ri-< C;J -r LT JO> m-n .- -, Z r- ./ 1--- I -am (Jl2-; U) ::DC( ....,-..:: So ~ r--- ;1:: =r~ ~!(J ~- C ~ L-m )> .' q c: r...) Z; :::::"\ _,PO <J1 ~., --" .:r:- ==< ~ ~ ,~_~a=,. ~ ,~_~Ifffi\l!~~:"lJ>!~_~ _.~iII~I'fl"l~~~~Il11!~Il!1"'~;n;'r'>;j"W'-'!'''''7''F''~'~WTi'l'''~WltM1l!!~'!~?!WJffiW~~'11i1'~,"iiffi'Ii.~~W~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, Plaintiff NO. 2000-7982 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE DAVID L. WRIGHT, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on November 13, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: /~J-09 ~4~1:JJ ~ . , .,. " _ ~ 0 ~ , - ~'r . -,......." () c- rij{f i~- 5.~~ !;?'-..r' .Qf.E3 '- -=;:;;~ "'j -, rJl .t:- -< "'" = = -CO , :S; ;;e I v:) ~ ::;! f'i'j:t! -or-;; i!3? ;,:-10 .-1: :Ff ~;;::r5 isrn .:~:;! :0 ~ N .~ .~__ f4W!~_~!!fI'IiI~~~Ii'!!I'-!lm!ll1lilti!f~~g\MJ!IIljr:W_'!lt"!'>!l'~"~~-:';>:<;-~'!l'''_~j)f-1'flfW~Cl-~1!!l~~~~~l/!l~i!l'!!fJ1il!j,1" .~~, ,_ ~ .>. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, Plaintiff NO. 2000-7982 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. DAVID L. WRIGHT, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. s4904 relating to unsworn falsification to authorities. Dated: /-$.oLj d~/() 11' n' ." ~< "--'" . ~, ~~~- o c ~ ~t;rf; 6j';: ::::::':0.- !,,:c 5~~ 2': =< --,"-- '. - No = ~ i;; ;;;e I '-0 o " -l :r ni:D r- um -'~o () T .-.!O 'T'''''j (:;,", :;r.:.() Ofn );: ::::cJ "'<: :9 -1l;_. '::' U1 ..,.. ~'m__~Wlf!im}tl!lI_~_!'I'1!'~l'{m ,lll1.,.l- '.~Jj*-~j'''-''jlB!'''''''''ffY''1-y.,~,*",''''S!'/''5'-,~I'.~!;W-l(!'jF!~~I~!'!'i\l!ii!!B1m;;m!.'lj!,!*!~'__~,,"_~ .,.ni!'l!l.~ KIM WRIGHT 5/3/Q2 PRE TRIAL MEMORANDUM " DAVID L. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6799 CIVIL TERM Defendant CIVIL ACTION ~ LAW IN CUSTODY KIM L. WRIGHT, DEFENDANT'S PRETRIAL CUSTODY MEMORANDUM AND NOW, comes the Defendant, Kim L. Wright, by her attorney, Diane G. Radcliff, Esquire, and provides this Honorable Court with the following Pretrial Memorandum: A. HISTORY OF THE CASE: This case is a custody action pertaining to the child, Jessica Lynn Wright, born November 13, 1992, (the "Child") and her parents, David L. Wright, ("Father") and Kim L. Wright ("Mother"). There is an existing Custody Order in effect dated November 7, 2002, which provides for the sharing of legal and physical custody of the Child. Pursuant to the terms of that order, the parties have been sharing custody of the Child on an alternating weekly basis since January, 2001. ~ 1 ~ , <-- h_C, , I - -=" KIM WRIGHT 5/3/02 PRE TRIAL MEMORANDUM The current proceeding was filed by David L. Wright, ("Father"), seeking a modification of the November 7, 2000 Order wherein he is seeking to have primary physical custody of the Child Awarded to him. Kim L. Wright ("Mother") opposes that request and is seeking to have primary physical custody of the Child awarded to her. Father is employed on a full time basis by Carlisle productions as a maintenance director. Mother is unemployed due to health problems and is available to provide care for the Child on a full time basis. The Child has informed Mother that she does not like the alternating weekly schedule and wants to be in Mother's care primarily and visit with Father on the weekends. The Child attends school in the school district in which Mother resides. Father resides in a different school district. The Child does not want to change school districts. Prior to the separation of the parties, Mother was the primary care giver for the Child. After the Order was entered Mother provided care for the Child during Father's custodial weeks during ~ 2 ~ -',~""., , :' . -, .~ , - I r I '~ KIM WRIGHT 5/3/02 ~RE TRIAL MEMORANDUM '. the time he was working when the Child was not in school. This arrangement, which was ordered by the November 7, 2000 Order terminated in February, 2002, when Father refused to permit Mother to watch the Child during his work hours, placing the Child with a babysitter instead over Mother's protests. He has also refused to provide Mother with information regarding that babysitter despite her requests for that information. The Child has informed Mother that she does not like being with the babysitter and wants to be in Mother's care. Father has also taken the Child to his work while he is working and has left the Child unattended, providing her only with a radio to contact him. The Child has advised Mother that she does not like this arrangement and that it frightens her. Mother has informed Father of this and has requested that he not engage in activity of this nature, which advise Father has refused to heed. The order also provides that the parties are to cooperate with each other to determine if the Child should attend car shows with ~ 3 - . ,''''''' ~." '-, ".' ~. . KrM WRIGHT 5/3/02 PRE TRIAL MEMORANDUM Father and what arrangements are to be made for her care during those shows. This provision was added since Father is working during those shows and is not spending time with the Child at that time, but rather leaving her alone to fend for herself. Despite this provision Father has refused to consult with Mother and has taken the Child to care shows and left her unattended over the protests of Mother. Mother feels that she is the better custodial parent for the Child and that primary physical custody should be awarded to her in accordance with the wishes of the Child. B. LAY WITNESSES AND SUMMARY OF TESTIMONY: 1. Virqinia Phillios Elizabethtown. PA 17022 Virginia Phillips will testify as to her contacts with the Mother and the Child, her observations of the relationship between the Mother and Child, and Mother"s involvement with the Child and the Child's activities and school. 2. Steohanie McCollum 503 Old Hershev Road Elizabethtown. PA 17022 ~ 4 ~ " >"~~-~I""'< -1 '." " r ,,,.~ ,'_ KIM WRIGHT 5/3/02 PRE TRIAL MEMORANDUM Stephanie McCollum will testify as to her contacts with the Mother and the Child, her observations of the relationship between the Mother and Child, and Mother's involvement with the Child and the Child's activities and school. 3. Tonva K. Bibb 744-R Walter Street Rovalton. PA 17057 Tonya K. Bibb will testify as to her contacts with the Mother and the Child, her observations of the relationship between the Mother and Child, and Mother's involvement with the Child and the Child's activities and school. 4. Merri Ritzman 142 E. Washinqton Street Elizabethtown. PA 17057 Merri Ritzman will testify as to her contacts with the Mother and the Child, her observations of the relationship between the Mother and Child, and Mother's involvement with the Child and the Child's activities and school. 5. Wendv Murrav (Mother of Defendant) 2727 Foxianna Road Middletown. PA 17057 Wendy Murray will testify as to her contacts with the Mother and the Child, her observations of the relationship between the Mother and Child, and Mother's involvement with the Child and the Child's activities and school. 6. Dennis Murrav (Father of Defendant) 2727 Foxianna Road - 5 - ; n,' AT ,,>;>. 9~" 'I ' 1.0", ~I ,_-~ , KIM WRIGHT 5/3/02 PRE TRIAL MEMORANDUM Middletown. PA 17057 Dennis Murray will testify as to his contacts with the Mother and the Child, his observations of the relationship between the Mother and Child, and Mother's involvement with the Child and the Child's activities and school. 7. Elsie Griner (aunt of Defendant) Deodate Road Elizabethtown. PA 17022 Elsie Griner will testify as to her contacts with the Mother and the Child, her observations of the relationship between the Mother and Child, and Mother's involvement with the Child and the Child's activities and school. Elsie Griner will also testify as to her contacts and conversations with the Father of the Child. 8. Patricia Strohman (Teacher) Londonderry School It is anticipated that patricia Strohman will testify about her interaction with the Child as her teacher, the Child's progress in school, the Mother's involvement in school, and the differences in the Child's behavior when the Child is in the Father's care and when the Child is in the Mother's care. It is also anticipated that she will testify that Father's involvement with the school has only been at Parent-Teacher Conferences. 9. M~s. Gearhart (Guidance Counselor) Londonderrv School It is anticipated that Mrs. Gearhart will testify about her contacts and conversations with the Child and the difficulties the Child has been having over the current - 6 - "TI'~ , , , " '" KIM WRIGHT 5/3/02 PRE TRIAL MEMORANDUM " custodial situation. It is also anticipated that she will testify about the Mother's involvement in counseling efforts and the lack of Father's involvement therewith. c. EXPERT WITNESSES AND SUMMARY OF TESTIMONY: There are no expert witnesses anticipated. D. PROPOSED RESOLUTION: 1. The parties will share legal custody of the Child. 2. Mother will have primary physical custody of the Child and Father will have partial physical custody of the Child. 3. The suggested provisions for the foregoing arrangement are attached hereto, marked Exhibit "An, and made a part hereof. Respectfully submitted, \ LIFF, . dle Road Camp Hill, PA 17011 phone: (717) 73 7 ~ 0100 Fax: (717) 975~0697 Supreme Court ID # 32112 Attorney for Defendant - 7 ~ , l'::TIII . -", -eJ <., ~ ", " ~- . '-I "" KIM WRIGHT 5/3/02 PRE TRIAL MEMORANDUM AND NOW, this CERTIFICATE OF SERVICE I~day of May, 2002, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the within PRE-HEARING MEMORANDUM, by mailing same by first class mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 RADCLIFF, ndle Road Camp Hill, PA 17011 (717) 737-0100 I.D. No. 32112 ~ 8 ~ 'ffl'" ~ " h ,__ ,,""" ",- , '1 , '" . .- ~ .. DAVID L. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-6799 CIVIL TERM Defendant CIVIL ACTION - LAW IN CUSTODY KIM L. WRIGHT, CUSTODY ORDER AND NOW, this day of , 2002, after hearing held on may 24, 2002 and upon consideration of the testimony and exhibits produced at that hearing by within Stipulated Custody Agreement executed by Kim L. Wright, ("Mother") and David L. Wright, ("Father") (individually "Parent" and collectively "Parents") pertaining to their minor child, Jessica Lynn Wright, born November 13, 1992 ("the Child"), IT IS HEREBY ORDERED AND DECREED as follows: A. LEGAL CUSTODY: The Parents shall share and have joint legal custody of the Child. Each Parent shall be entitled to participate, jointly with the other Parent, in all major non~emergency decisions affecting the Child's health, education, religion and general well being. Pursuant to ,the foregoing the following shall apply: X BIT ROPO '\ '\ AN o E ~ 9 ~ :"";--~ "''''' ,.., .~ -' , I ~" 1. Access to Information: Each Parent shall be entitled to access to any and all information, persons, entities and documentation regarding the same so that informed decisions can be made. 2. Non~Maior Decisions: Non-major decisions involving the Child's day to day living shall be made by the Parent then having custody, but to the extent possible, the Parents shall attempt to make such rules and follow such schedules as would provide the Child with continuity regardless of the then existing custodial Parent. 3. Emeroencv Decisions: Emergency decisions regarding the Child shall be made by the Parent then having physical custody, but that Parent shall immediately communicate to the other Parent the nature and extent of the emergency and shall provide that other Parent with all information pertaining to the treatment so that the other Parent may be involved in the decision making process at the earliest possible time. 4. Conies of Documents: to the extent not reasonably available to the other parent, upon receipt by a Parent, copies of the Child's school schedules, special events notifications, report cards and the like shall be provided to the other Parent, unless the documents are otherwise reasonably available to the other Parent. Each Parent shall share with the other Parent any other information and documentation, or copies thereof, that each Parent possesses regarding the Child within such reasonable time as to make the records and information of reasonable use to the other Parent. 5. Notice of Activities: Each Parent shall provide the other Parent with at least 48 hours advance notice of school or other activities whenever possible if notice thereof is not reasonably available to the other Parent. 'F. '- ,'<-~ -, - .. ~, c EXH BIT " AN ROPOS D OR ~ 10 ~ ,.' . , .~ .-', . I~ - 1, 6. No Derogatorv Comments: Neither Parent shall make any derogatory comments about the other Parent in the presence of the Child and to the extent possible shall prevent third parties from making any such comments in the presence of the Child. 7. No Discussion: Neither Parent shall discuss any aspect of the custodial situation with the Child and shall not utilize the Child for purposes of conveying information or inquiries pertaining to the Child to the other Parent. 8. Aooointments: Each Parent shall notify the other Parent of any medical, dental, optical and psychological appointments and/or treatment for the Child sufficiently in advance thereof so that the other Parent can attend. 9. Care Providers: Each Parent shall provide the other Parent with the name, address and phone number of any babysitter or other daycare providers that regularly watch the Child for that Parent 10. Teleohone Contact: Both Parents shall be afforded reasonable telephone contact with the Child while in the other Parent's custody and for said purposes each Parent shall provide the other Parent with his or her home phone number where the Child can be reached when in the that Parent's custody. 11. Temoorarv Absence from Commonwealth: If either Parent intends on removing the Child from the Commonwealth of Pennsylvania for a period in excess of forty-eight (48) hours that Parent shall provide the other Parent with the address and phone number where the Child can be reached during the period of absence. 12. Relocation: Neither Parent shall permanently relocate the Child more than sixty (60) miles from her residence without providing EX PRO BI OS D 1 ~ " o DE -- " " '-If'''' :-..,. the other Parent with at least ninety (90) days advance notice thereof. Said ninety (90) day time period is designed to allow the Parents to negotiate a modification of this Stipulated Agreement and in absence thereof to be able to petition the Court for a modification if the same is appropriate under the circumstances. B. PHYSICAL CUSTODY: The following shall apply regarding physical custody of the Child: 1. Primary Custody: Mother shall have primary physical custody of the Child, subject to the custody schedule hereafter set forth. 2. Partial Custody: Father shall have rights of partial physical custody of the Child, subject to the custody schedule hereafter set forth. 3 . Custody Schedule: accordance with the The Parents rights following schedule: of custody shall be in a. Primary Custodian's periods: Mother shall have custody of the Child for all periods not specifically reserved for Father in herein. b. Alternating Weekends: The Parents shall alternate custody on alternating weekends from Friday at 6:00 p.m. until Sunday at 6:00 p.m. c. Holidavs/SDecial Davs: The following shall apply regarding major holidays, Mother's Day and Father's Day: 1. Custody for major holidays and special days shall be in accordance with the following schedule: XHIBIT RO 0 ED ~ 12 ~ " o ER ,.". . ~'" .-, ~ 1- ,- " New Years Day Easter 1't Half Easter 2nd Half Memorial Day Weekend Independence Day Observed Labor Day Weekend Thanksgiving Day Christmas l't Half Christmas 2nd Half Mother's Day Father's Day 9:00 a.m. to 7:00 p.m. 9:00 a.m. on Good Friday to 7:00 p.m. on Saturday 7:00 p.m. on Saturday to 7:00 p.m. on Monday following Easter Day Friday at 6:00 p.m. until Monday at 7:00 p.m. 9:00 a.m. to 7:00 p.m. Friday at 6:00 p.m. until Monday at 7:00 p.m. 9:00 a.m. to 7:00 p.m. 9:00 a.m. on 12/24 to 12:00 p.m. 12/25 12:00 p.m. 12/25 to 7:00 p.m. 12/26 9:00 a.m. until 7:00 p.m. 9:00 a.m. until 7:00 p.m. Father Mother Mother Father Father Mother Mother Father Father Mother Mother Father Father Mother Mother Father Father Mother Mother Mother Father Father 2. Soecial provisions Reqarding Weekend Swi tchinq: The foregoing notwithstanding, if the Memorial Day and Labor EXH ROP 'F - ,,'H. " BI D 3 ~ " ORDE -'1- < '--."' Day holiday weekend periods herein provided result in a parent having custody for more than two (2) consecutive weekends, the party entitled to the holiday weekend shall switch weekends with the other Parent so that neither Parent has custody of the Child for more than two (2) consecutive weekends. d. Summer vacation Time: Each Parent shall be entitled to three (3) uninterrupted weeks of custody of the Child under and subject to the following terms and conditions: 1. Consecutive or Non-Consecutive weeks: The weeks are to be exercised in non~consecutive one (1) week periods. 2. One Week Per Month: One (1) week is to be exercised during the month of June; one (1) week during the month of July; and one (1) week during the month of August. 3. EncomDassing Reoular Weekend: To the extent possible these weeks shall be scheduled to encompass the selecting Parent's regular alternating weekend. 4. Weekend Switchino: If said scheduling set forth in subparagraph 3 above is not possible or practical, then the Parent selecting the custodial time period that encompasses the other Parent's regular alternating weekend shall switch weekends with the other Parent so that neither Parent has custody of the Child for more than two (2) consecutive weekends. 5. Advance Written Notice: Each Parent must provide the other Parent with at least thirty (30) days advance written notice of his or her intention to exercise each EXH BI " A" PRO 0 ED OR R - 14 ~ ,,"""'- ,,~ ,-,~ ~. , . [,. . , , '. of these custodial weeks, 6. Conflict: Should conflict arise between the selection of said weeks the first Parent to notify the other Parent of his or her selection shall have the right to exercise custody on the weeks selected and the other Parent shall select other times for his or her weeks so as to avoid any conflicts. C. MISCELLANEOUS CUSTODY TERMS: 1. TransDortation: The transportation necessary for the custodial exchanges herein set forth shall be shared by the Parents. The Parent receiving custody of the Child shall provide the transportation for that custodial exchange. 2. Precedence: The holiday schedule shall take precedence over any other custodial period set forth herein. The other miscellaneous custodial periods shall take precedence over the regular alternating weekend and midweek custodial periods set forth herein. 3. Unavailabilitv: In the event either Parent is going to be out of town or is otherwise unavailable to exercise any portion of his or her custodial periods in excess of six (6) hours, that Parent shall notify the other Parent accordingly and the other Parent shall be provided with the opportunity to have custody for the period of unavailability. 4. Work/Babvsitters: If either Parent has to work during his or her custodial periods And is unable to provide direct care for the Child, the other Parent shall be provided with the opportunity to provide care for the Child during those work hours before a third party care giver is used to watch the Child. EXH PROPO BI ED ~ 15 ~ " o , WM r~ '" 0, - I '1 " , .. <, 5. Car Shows: Father shall not take the Child to car shows during his custodial periods, unless he will not be working during those car shows and/or able to provide direct care for the Child. During such shows that Father is working and/or unable to provide direct care for the child, Mother shall be given the opportunity to provide care for the Child during those ar shows before a third party care giver is used to watch the Child. 6. Modification: The Parents shall be at liberty to modify the custodial periods herein provided to accommodate their respective schedules and special events, subject, nonetheless in all respects to the mutual agreement of the Parents for any such modifications. BY THE COURT: J. Distribution To: Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 Attorney for Plaintiff Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant EXH ROPO BIT "An ED ORDER - 16 - -~fll' .~ ,. ';"-"__"'0' ,I ., L' ~~""'- ~ -- , .,~ .'__.r, .., . KIM L. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 7982 CIVIL DAVID L. WRIGHT, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Diane G. Radcliff , Attorney for Plaintiff Robert L. O'Brien , 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 21st of March, 2002, at 9:00 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: 2/20/02 E. Robert Elicker, II Divorce Master . "-'- , DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Toodle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 February 13, 2003 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, FA 17013 Re: Wright v. Wright No. 2000-7982 Dear Mr. Elicker: I am in receipt of Attorney 0' Brien's letter to you dated February 11, 2003, requesting that this matter be rescheduled for a hearing. Since it has been such a substantial time since the Pre-Trial Conference was held, I think that it would be appropriate for another conference to be held before the scheduling of a hearing. I also feel that it might be helpful if the parties would attend that conference as well. I would therefore request that a j oint conference be scheduled and held prior to the time of scheduling the final hearing. Thank you for your attention to this matter. Very trUIY~ ESQUIRE / I DGR/dr cc: Kim Wright Robert L. O'Brien, Esquire File ._'?~,,~ " , OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, " Divorce Master Traci .10 Colyer Office Manager/Reporter West Shore 697-0371 Ex!. 6535 January 28, 2002 Diane G. Radcliff Attorney at Law 3448 Trindle Road Camp Hill, PA 17011 Robert 1. O'Brien, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 RE: Kim 1. Wright vs. David 1. Wright No. 00 - 7982 Civil In Divorce Dear Ms. Radcliff and Mr. O'Brien: It appears as if the parties wish to move this case forward; I am assuming that there are no outstanding discovery issues and that we will not have to deal with discovery matters at the time of the pre-hearing conference. The action was commenced by a complaint in divorce filed on November 13, 2000. The complaint averred grounds of irretrievable breakdown of the marriage, indignities, and willful and malicious desertion. Economic claims raised in the complaint are equitable distribution, alimony, alimony pendente lite, and counsel fees and costs. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Tuesday, February 19, 2002. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss i , l i I " I I I ~~" - ! - -'"." ""_~_-_,_:'o_~'f"_~ ",- '," ,":~'Y~'" ? -, . ~-,-- -'t--' ~.""-,"'" - ~'-, " """,,-.,- .', - - ~ ~," t ?,-: '-' ,-- "^- - "7'. ,-'''",'''' _~"'_' ' . _~ 0,-- c . . Ms. Radcliff and Mr. O'Brien, Attorneys at Law 28 January 2002 Page 2 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. ~"', . . I ". -, , r I , " AUG 0 7 20011z" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, plaintiff vs. NO. 00 - 7982 CIVIL DAVID L. WRIGHT, Defendant IN DIVORCE TO: Kim L. Wright Plaintiff Robert L. O'Brien Attorney for Defendant DATE: Thursday, July 26, 2001 ~ CERTIFICATION ~ ~ I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. , I, (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. "'( /3/0 I 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. ,. j', < , " , I , -'."'- . .. ,..' <" 0,,",'0 KIM L. WRIGHT, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 7982 CIVIL DAVID L. WRIGHT, Defendant IN DIVORCE TO: Kim L. Wright Plaintiff Robert L. O'Brien Attorney for Defendant DATE: Thursday, July 26, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ,-,. , 1 " : ... (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. - 1-q:"bl DATE ~ ::;~ ~ ~ . .~ t :f;:{)T~~~'F...... FOR P IN IFF 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 COL~SEL, 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. ~- ~ ,. I i!!':ts ,~,\~ ;(t"". J '~ ;1 f;~""> ~ .HW>~l _ <.:.~-p~~ -::.Sl '^'" ~~ - -.tt Db -19<8;} , A4ca-~1 ~ K~ -u.::>f ~~, . '''.' ~ ~o. . ,..6- ~~ ~C:r'-' --t>- Y ~ on~",~. cY'r-\ ~~ :-"">.'rr\c.......... .......~ ~c.A,~~ .,d=..er~...Q.... ..d.~~ ~E._....*~,.,,,.;.n~ ,.;k:oQ ~ YI'11,.J.),,(!)- ~ C~ ~c.~ o:r'~~'1 ~ m-.A.Q .7A-/~ " ~ .- . - '-"1 8.29.0l. Kim L. Wright Praecipe to Enter Appearance Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, v NO. 2000~7982 DAVID L. WRIGHT, Defendant CIVIL ACTION ~ LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of Diane G. Radcliff, Esquire, as attorney for the Plaintiff, Kim L. Wright, in the above captioned matter. Respectfully submitted, D FF, ESQUIR 3448 Trin e Road Camp Hill, PA 17011 PHONE: (717) 73 7 ~ 0100 Fax: (717) 975-0697 Voice Mail: (717) 558~5518 I.D. No. 32112 Attorney for Plaintiff ''\.1; -. -~ , -'-, ','!- ,-'j- - -~" " ., . "- " .~ ",_1"3 ~~_",""'" ~--- , __'W" " ~'M~, -- q""",,", "'"'-""""-'~"'" f""urn 0 .' "'- " , c: ,.' U'J ""' " 1"';"\ l~ ~;~; ~':;1 , /.,." c ~2 " i-~ .," .. C .J;.~ t~ \" :J f.-' '..j _~",. ~~tfiilifi~~~;>l-~:m:;~~~!lf'~'?,l~J'r;";;'1"'~"<<-r..1":","':~*iilYF:'iII,!'tlli"Jil""'!."'''1~w.,;;~,'ml'''l'''!l~''''~''~';''''''''''''llil_rm~~~ Law Offices O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A, Baric Michael A, Scherer (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com January 17, 2002 E. Robert Elicker, II Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 Re: Wriaht vs, Wriaht No, 2000-7982 Dear Mr. Elicker: My client has provided the release requested by Ms. Radcliff to secure information directly from the company in reference to his pension and retirement plan, would appreciate your scheduling this matter for a pre-hearing conference at your earliest convenience. Very truly yours, O'BRIEN, BARIC & SCHERER -~~ Robert L. O'Brien, Esquire RLO/af cc: Dave Wright Diane G. Radcliff, Esquire file rlo.dirlletterslwright5.ltr m ,- ,~ ':"-~~ _"-" -TI""r..,~"~-,,,;_,,:,:--,.e _,~,~,_,_~" _~ , ,,^ .""" ~ c Law Offices O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pen!75ylvGnia J 7013 Rohert 1.. O'Brien /)ovidA, Baric .\Jichael A.. Scherer (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com October 15, 2001 E, Robert Elicker, II Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 Re: Wriqht vs, Wriqht No, 2000-7982 Dear Mr, Elicker We have reached an agreement to proceed with a hearing before you to resolve all outstanding issues, I am in the process of of providing a little bit more information to Mrs, Wright's new counsel, Diane G, Radcliff, Esquire, I would appreciate your scheduling a pre-trial conference as soon as possible, Very truly yours, O'BRIEN, BARIC & SCHERER ~()~ Robert L, O'Brien, Esquire RLO/af cc: David Wright Diane G, Radcliff, Esquire file rlo. d i r/letterslwri 9 ht.ltr . "._>," .".'-'.,_";""'0--'. ,- , ,-'-- ~-.'. - " . ~- " ',- "'1 -. ~"" f . CAN~ . } I (f) CALLED MRS. WRIGHT AND TOLD HER THE EXTENSION WAS GRANTED; CONFIRMED EXTENSION WITH MR. O'BRIEN > - -,,, ~-- 1 - , ,~ -" - :;\;a $~) \iii,+..I .... ~ ~ .l;f~, Iw) :?F'f!'lY . . c.~ ~ C~Q"n~~ ' ~~3a-O\ <:..~~~ c..~'. f~~......e... ~':\ ~--:'~5:)~ ",.,;t" Dt>- -.9,":;) (.~ R~'\..0~\J,S ~,~ i,....:~, , ~ il -, , -. ... _ l'.QoA . ~~"~. ., '~"~'~~----' ~A..,~, ,".._~~A-~~~ 4~~n~~ '. "'.". "..~~-'('A-R. '" (.~.'F.lO~ ~~~ <:":)(-'O-~~ono-.~..&~~ ,~ ~ ~. ~ .r-~ "'VV'\ o.r~"QerU k'~ ~~ q44-l.\IS~ ' d.1~'lnFC>""t9nn,q R6~o. midJJCICl..t...:>n. RA. t7.Q6'7 ~",,~ ~- . ~ ~- 7:\;;'~ DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 August 29, 2001 E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Kim L. Wright v. David L. Wright 2000~7982 Dear Mr. Elicker: Please be advised that I have taken over representation of Kim L. Wright in the above-referenced matter. I will be filing a Praecipe for Entry of Appearance in the near future and will provide a copy to you and opposing counsel, Robert L. 0' Brien, Esquire. Mrs. Wright has advised me that she was to provide a certification to you as to the status of discovery. This letter is to advise you that discovery is not complete in this matter. I believe there are outstanding interrogatories which were previously served upon Defendant's counsel. While I have the interrogatories in my possession, I have no firm date as to the date of service thereof upon Defendant's counsel since I do not the complete file from Attorney Andrews who was previously representing Mrs. Wright. I will, therefore, be forwarding those documents to him again so that they may be completed. It is also my intention to serve upon him a Request for Production of Documents. I anticipate having that documentation done by the end of the week. Obviously, with both of the aforesaid discovery documents Attorney O'Brien will have thirty (30) days in which to file an Answer. I, of course, normally provide additional time should the same become necessary. r" .' c,_" _,. __~. , _,' r ~^ , _ _' oc_. _,' _ ~ ~. , ~ I Page 2 Last I would like to note for you that this divorce action was filed by my client, Kim L. Wright, and not by the Defendant. As of the current date she has not authorized me to agree to a filing of an Affidavit of Consent on her behalf. Therefore, since Mr. Wright has not filed any action for divorce in this matter and fault grounds have not been raised, I believe his Motion for your Appointment as Master and request for a hearing in this case is premature. Given this position I am not sure how you want to respond further. In any event, I will be proceeding with my discovery. Please feel free to contact me with regard to any of these matters. DGR/rzg cc: Kim L. Robert . ,_ "'<"""";_"'~_' _h _ _ , Very truly yours, ~~n~r\~hl DIANE G. RADdtlFF, ESQUIRE~ Wright L. O'Brien, Esquire - -, --~-- -~ -" ,.-.' - ~-~ , - - ~~~~ . KIM 1. WRIGHT, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff : CIVIL ACTION - LAW v. DAVID 1. WRIGHT, : NO, 00- 7982 : IN DIVORCE CIVIL TERM Defendant ORDER OF COURT AND NOW, this'21 day of ~~~ e - , 2001 in consideration of the attached Motion Petitioner, Taylor P. Andrews, Esquire, is hereby given leave to withdraw as counsel for the Plaintiff, Kim 1. Wright. Plaintiff, Kim 1. Wright, shall be deemed to proceed pro se until such time as new counsel enters an appearance. BY THE COURT ,// t \ J. ~ '.? :\ ~ O\\) \j\j~ Robert 1. O'Brien, Esquire Attorney for Defendant cc: Kim 1. Wright, Plaintiff 2727 Foxanna Road Middletown, P A 17057 //' / '_~ c"'~_. ~li"Wrllj;;",",l;:."M..M>ti'~L~Wi"!.l<>~hl!~",,'~,,,-,,,~.,.,,,j(h"'I_""W~'Wjg~i'@"j,~~~~'Oi~iitl~iIr.~]; I ~" J"-. l.!~ '. ", ,:...).;~:; ,.~ 1.1 '" ~( ,..If ,,':If! :5 CJ ',{) i\.; :c ~, ~:;; ..... (,,'::1 w ~ " '" t-',," ',' .-+'- -::~ ~,,'",- r,,""' W". _~. - ~~"~<-~=~ ,~ ,~--- M>;llQ~lliiW~IliiillIil.lloll ~- II t'; Ii Ii I ,.1 H .. ',~ l-i , I II h! 1;1 , 1'1 H ii Ii " 1 :l I,j I., :! II '! ! I I~ ., r, . .. H II ~ , ~ i , I ,I Ii I -'-~ .,-, ~," ,-"-, -- '~- ~~- _t , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KIM 1. WRIGHT, v. : CIVIL ACTION - LAW DAVID 1. WRIGHT, Defendant : NO. 00- 7982 : IN DIVORCE CIVIL TERM MOTION FOR LEAVE OF COURT TO WITHDRAW AS PLAINTIFF'S COUNSEL Petitioner, Taylor P. Andrews, Esquire, respectfully represents as follows: 1. In the Fall of 2000 Petitioner accepted a pro bono referral from Legal Services and commenced representation of Kim 1. Wright, Plaintiff in the above captioned action. 2. The understanding of the pro bono referral was that Plaintiff would become paying client and loose her pro bono status if her resources disqualified her from eligibility for free legal services. (A copy of Legal Services, Inc. letter November 6, 2000 is attached hereto as Exhibit 1) 3, In December 2000 Plaintiff, Kim 1. Wright became entitled to receive Court Order support which disqualified her from free legal services. (See Legal Services, Inc. letter December 13, 2000 attached hereto as Exhibit 2) 4. In January 2001 Plaintiff, Kim 1. Wright began receiving the ordered support. (A copy of a letter from the Domestic Relations Office dated January 9, 2001 is attached hereto as Exhibit 3) 5. On February 2, 2001 Petitioner notified Plaintiff, Kim 1. Wright, that her entitled to free legal services was terminated, a bill for $87.50 was submitted to Mrs. Wright for services in ~J,. .1 ".- Date: r""", <, ~~". . ,. January and Mrs. Wright was asked to sign an agreement to pay legal services thereafter at $125 per hour. 6. To this date Plaintiff has failed to pay the bill for services in January 2001 and Plaintiff has also failed to agree to make payment of future legal services in accordance with the terms set forth in the letter dated F ebmary 2, 2001. 7. Petitioner seeks leave of Court to withdraw as counsel for Plaintiff since Plaintiff and Petitioner have not agreed as to terms of Petitioners representation. WHEREFORE, Petitioner prays your Honorable Court to grant Petitioner leave to withdraw as Plaintiff s counsel in the above captioned action. ANDREWS & JOHNSON ~ .:.Y-u~ a, 1a:; ( I I r P. Andrews, Esquire tt ey for Plaintiff West Pomfret Street Carlisle, PA 17013 (717) 243-0123 Supreme Court 10: 15641 ',of' ~ KIM 1. WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DAVID 1. WRIGHT, Defendant : NO. 00- 7982 : IN DIVORCE CIVIL TERM CERTIFICATE OF SERVICE I hereby certifY that on this date, June 26th, 2001, I mailed a copy of MOTION FOR LEAVE OF COURT TO WlTHDRA W AS PLAINTIFF'S COUNSEL to the following person at the following address by U.S. Mail, Certified mail, postage prepaid, return receipt requested, delivered to addressee only: Mrs. Kim 1. Wright 2727 Foxanna Road Middletown, P A 17057 And by regular mail to: Mr. Robert O'Brien, Esquire Attorney for Defendant 17 West South Street Carlisle, PA 17013 I verifY that the statements made in the foregoing Certificate of Service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. By: r P. Andrews, Esq. Jil rneys for Plaintiff 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 ...... ~ -"'" "-~"-, - '. LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Fax (717) 243-8026 West Shore (717) 766-8475 Shippensburg (717) 530;5866 November 6, 2000 Franklin Farm Lane CfuUnbersburg,Pennsylvanial7201 (717)264-5354 423 S. Washington Street Getlysburg,Pennsylvania 17325 (711)334-7623 Taylor Andrews, Esquire Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013 Dear Mr. Andrews: We greatly appreciate your willingness to represent Kim Wright. Ms. Wright will contact you directly to set up an appointment. If you have any questions concerning this case, or if we may be of assistance, please do not hesitate to call us. For example, our office has a wide range of resource materials, a variety of<:l!sep~~ings"su~h_ as sample in forma pauperis forms, and staff available to help you. Although we~e,glad"f()aSsist you in any way possible, the final responsibility for this case must rest with you. We are confident that you will give this case the same high quality of service that you give to cases taken for remuneration. If this client has other legal problems, either now or at a later date, which are not related to the matter we are referring to you on a pro bono basis, refer the client back to Legal Services, Inc. so that we can determine if the client is eligible for continued representation and referral without charge. We request that you complete and return to us, at the completion of the case, the enclosed Attorney Final Case Disposition and Evaluation form. When you do so, your name will be sent in to the Pennsylvania Bar Association and after you have completed two pro bono cases, you will receive a discount coupon for PBI seminars, video tapes or audio tapes. Thank you again for your generosity and help in making the pro bono system a success. Sincerely, LEGAL SERVICES, INC. k U0JJ~ Dru Hewitt Private Bar Coordinator EXHIBIT Enclosure ~ D D J!I / SERVING ADAMS, CUMBERLAND, FRANKLIN AND FULTON COUNTIES . Un5lff ~~ ~ ". -, ~ - -" -0-' _~ -',1"- '. .' LEGAL SERVICES, INC. 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Fax (717) 243-8026 West Shore (717) 766-8475 Shippensburg (717) 530-5866 FnmkIio Farm Lane Otambctsburg, Peansylvania InD! (717)264-5354 4238.WashiogtonSttect Gettysburg,Pcnnsylvanial732S (717)334-7623 December 13, 2000 1 Ta~orAndrews,Esqurre Andrews & Johnson 78 West Pomfret Str.eet Carlisle, PA 17013 Re: Eligibility of Kim Wright Dear Mr. Andrews: We spoke with Kim Wright concerning her eligibility, Ms. Wright states that she has not received any support. checks as of this date. We informed Kim that once she receives one month of support she will be over the financial eligibility guidelines for Legal Services. At this time, we consider Ms. Wright to be eligible because she has received no support. However, we told her that once she becomes ineligible, she will need to discuss payment arrangements with you. When Ms. Wright becomes ineligible, please complete the Case Closing Form and include the hours you spent on this case. If you have any questions, please don't hesitate to contact our office. Sincerely, LEGAL SERVICES, INC. ~ UwJ~ Dru Hewitt Private Bar Coordinator cc: Kim Wright EXHIBIT ~ D B :( SERVING ADAMS, CUMBERLAND, FRANKLIN AND FULTON COUNTIES . Un!!!!!! .. .'DOMESTIC RELATIONS SECTION CUMBERLAND COUNTY 13 NORTH HANOVER STREET P. O. BOX 320 CARLISLE, PENNSYLVANIA 17013 TELEPHONE (717) 240-6225 FAX (717) 240-6248 January 9, 2001 RICHARD K. BETTS DIRECTOR LARRY L. MILLER ASST. DIRECTOR ... ',:.' Taylor P. Andrews, Esq 78 W. Pomfret Street Carlisle, PA 17013 .. -,' ..;." "..~. .' YON R. JAYMES IV-D COORDINATOR R. J. SHADDAY COLLECTION COORD. RE: Wright vS Wright PACSES # 517102720/ DRJO,114 Dear Taylor, The support order has been adjusted to the $1,208. 00 per month, effective Jan. 6,2001. With regard to the payments, The system shows that the payments made in Decemher were sent to the state and that the welfare case was closed January 2, 2001, bnt on Jannary 5, 2001, the state reversed $1072.24, and sent it to Ms. Wright' She shonld have it by now. There is nothing more due the state, and all future payments should be sent to Ms. Wright This is all done antomaticaly, and hopefnlly everything is correct. Sincerely, .> ~~~~~~,.v Sally S. Kreitzer Conference Officer f, ~ ~ , ,",,-- '" " .r EXHIBIT I .3 .. " ANDREWS & JOHNSON Attorneys at Law ~\ ---:-::'-,1-'":--;'\ ~..~ ~ ,/ /7 I( U 78 W. Pomfret Street Carlisle, PA 17013-3216 TAYLORP. ANDREWS RONALD E. JOHNSON Telephone (717) 243-0123 Telefax (717) 243-0061 February 2, 2001 Kim Wright 2727 Foxanna Road Middletown, P A 17057 Dear Kim: As was previously indicated your eligibility for free legal services is now terminated since you are receiving support. Therefore, I enclose a bill for my work on your case since the beginning of January. I will not continue to serve as your attorney on a pro bono (non-payment) basis. If you would like me to continue to represent you, you must understand that my fee will be determined by the amount of time spent on your case billed at $125 per hour. I will provide you with monthly statements and will not require the payment of an advanced retainer. I would look to have my fee paid at such time as there should be a settlement in your divorce case that would provide you with adequate resources to make payment. If you should terminate my representation or terminate the divorce action I would accept payment of my bill on such an occasion. Please indicate your agreement to these terms and also your agreement for me to continue to serve as your attorney by signing the copy of this letter on the space indicated and returning the signed copy to my office using the enclosed envelope, As always, don't hesitate to call if you have any questions. Sincerely, ANDREWS & JOHNSON Taylor P. Andrews, Esq. TPNss Enclosure Kim 1. Wright ~ . ,,", '" l' t,! ::-i ~'! ti I ~:! I,Ll',' ~ ' il ;j J ! !': il ~ i j!IIl~~~-I1'OO~~,,"~"""!",~' " o -C~~ rnl'," ~~}:' /' u~ -,~", s:~ [) ~ ~f~: J>C .'7 ~ -<. C fi ~~ f'0 en ~~? ( ,::.~ ,,-', :.1'1 C'.' ~;:! ~CJ .< jf,"m~!l~~"!(~~'i''lI'$~.''''~''''-''''''_f+-;'~''''Ri~'",,'r''~~_;.'fW~'''~~~~'l"i'Jm~~>,)!l'illf1lVID1~~,~,~".~lI!i KIM 1. WRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW DAVID 1. WRIGHT, Defendant : NO. 00- 7982 CIVIL TERM : IN DIVORCE PRAECIPE To the Prothonotary: Please withdraw my appearance on behalf of the Plaintiff, Kim 1. Wright, in the above captioned divorce action. Respectfully submitted, cc: Robert 1. O'Brien, Esquire Attorney for Defendant Kim 1. Wright, Plaintiff 'I~, ~ , " . , , , 1 1 '''.','' ," :[ 'I "~I 11 ;[ i :,1 ,~ ;Ii ,I ij:, -'}i (;:1 .I 'I 1j '; :~ J '~ ) "I ;.q ::11 /~ ,i I .~i :.'1 _", _ "~",.0"' '-",c "'_' -."".,-!. ,,~ ,-- _.,.",-"~",,, "-,,--. -..,--, iJ)C; :::.."",/ :'---'.. -"'7" ,,' ~s: (::~~ G C :;::,. () (~ ,--- 1: ~ . 0-..... ~'.:? '_11 - ~r.I!J!!'~'WiI~~~*'W!!l~!\t'.'-ll'.~~~!il'~'\~"''''''''''!;,W''-'+",H'-<W;'''~'''f'1"::',m:'."'2!"'!1'W:<''''':''''1I'''''''-:-~_''''W!'"""","''if'P''''Yf'''''''''F!'~''l'''~!!'IlI.."'Ic y~~ DIANE G. RADCLIFF, ESQUIRE AUomey at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 October 16, 2001 E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: wright v. Wright Dear Bob: I am in receipt of Attorney 0' Brien's letter to you dated October 15, 2001. He has correctly stated the position that we have agreed to proceed even though the two (2) year separation time period has not been met. I cannot, however, prepare any Pre-Trial Statement nor have a Pre~Trial Conference scheduled until Attorney O'Brien provides me with the additional information I requested. He has assured me that he will have that documentation to me in the near future, hopefully within the next two ( 2) weeks. Upon my receipt it will take me only about one (1) week to prepare the Pre~ Trial Statement. After that filing a Pre~Trial Conference can then be scheduled. If you have any further input on this matter, please advise both attorneys. Otherwise, I will anticipate that you will proceed in accordance with the time schedule I have provided to you. Thank you for your attention in this matter. DGR/rzg cc: Kim L. Wright Robert L. O'Brien, Esquire truly yours, ~ ESQUm ( .,' ~_~_. -. '''"._ -0 ~ ~, , -I' ., 1 , ,. ~, ~ " , DIANE G. RADCLIFF} ESQUIRE AUomey at Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 January 10, 2002 E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Kim L. Wright v. David L. Wright No 2000~7982 Civil Term Dear Master Elicker: Tracy requested that I provide you with this letter to update you on the status of the discovery in the above matter. Discovery still remains outstanding regarding Mr. Wright's deferred compensation plans. On December 4, 2001, I sent an authorization form to Attorney O'Brien for signature by Mr. Wright so that I could obtain the information directly from the employer and thereby speed this process along. Today I sent him another request for this authorization since that authorization had not yet been received by me. Hopefully the authorization form will be delivered to me within the week. After I receive it I would anticipate that it will only take two weeks to obtain the information needed to complete discovery. Very truly yours, s ESQUIRE I DGR/ dr . cc: RobertL. O'Brien, Kim Wright Esquire l - ~ ,'~< "'7"1'''" ,-, .~, ?-<' DIANE G. RADCLIFF, ESQUIRE AUorney alt Law 3448 Trindle Road Camp Hill, Pennsylvania 17011 Phone: (717) 737-0100 Facsimile: (717) 975-0697 February 6, 2002 E. Robert Elicker, II, Esquire Cumberland County Divorce Master 9 North Hanover Street Carlisle. PA 17013 RE: Wright v. Wright Dear Master Elicker: I am enclosing herewith Plaintiff's Pre~Trial Statement in the above-captioned matter. I am herewith, by copy of this letter, providing the same to opposing counsel, Robert L. O'Brien, Esquire. DGR/rzg Enclosure cc: Robert L. O'Brien, Esquire (with enclosure) Kim L. Wright (with enclosure) Very truly I '.",. > ,.,', ~,. _"' ,- ~', '.'1 - ~ ,'" , , ~ , ~I "' ~ MAR 0 1 2002 M KIM 1. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DAVID 1. WRIGHT, Defendant NO. 00 - 7982 CIVIL IN CUSTODY COURT ORDER AND NOW, this stI day Of~, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. A hearing is scheduled in Courtroom No.4 of the Cumberland County Courthouse on the~ day of "7n~ ,2002, at <1 :030 A.M. at which time testimony will be en m the above case. At thiS hearmg, the Father, David 1. Wright, shall be the moving party and shall proceed initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, a summary of each parties position on these issues, a list of witnesses who will be called to testify and a summary of the anticipated testimony of each witnesses. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. 2. Pending further order of this court, the existing custody order shall remain in effect. BY THE COURT, J. cc: A9Pert 1. O'Brien, Esquire yDiane G. Radcliff, Esquire ,t~ ~ 03005-11p,Xs f'~'<1 ',--~,- . """-'X' ,.?~",,"'-~ ~. n'",<f ,." _,l,_~ --~". " ,"~ r,__~~_ ~,' _"J,,"'~'_, ,',",,",- '."- , , --<" '. ~, ,.- . ~" , " - ~ , - ., ..-, " -- ..... _ . ri ~ ~ ~ . - - ,~ "-- -,'<'- ~ ,-~" ~ _ ~-. 'c" _ -, . ~ r li r ,0c J- o ~l ~J C C1 ,_~_~ """""~ Il, ,,,,,!~.,,.~"~~~.'il\J1{IiI'l'~I'lfWl"~'~,",,_,,~,,,,,,,,,,.,,,,,,,,,,,,~~,~Jj'lIlilJ_~_~'~~~", ~~ KIM 1. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DAVID 1. WRIGHT, Defendant NO. 00 - 7982 CIVIL IN CUSTODY Prior Judge: Kevin A. Hess CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 19l5.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jessica Lynn Wright, born November 13, 1992. 2. A Conciliation Conference was held on February 14, 2002, with the following individuals in attendance: The Mother, Kim 1. Wright, with her counsel, Diane G. Radcliff, Esquire; and the Father, David 1. Wright, with his counsel, Robert 1. O'Brien, Esquire. 3. The parties were before Conciliator Dawn Sunday in September 2001 at which time they agreed to have a custody evaluation performed. The cost of the evaluation was too prohibitive for the Father to afford at this time. Father is the moving party and had originally agreed to pay all of the costs. Father is seeking to modifY the custody arrangement. Essentially, the parties need a hearing because the Father still desires to have primary physical custody. The parties currently have a shared custodial arrangement. Mother is also asserting that she should be the primary custodian. 4. The conciliator recommends the entry of an order in the form as attached. ~lQ~IOQ DATE Hubert X. Gilroy, Esquire Custody Conciliator "-T"_"'~' " - ~^-"-__'-7' <J'">-.-"', - w,-,__'~"_'%",'" ,-~, '-_S"",_" ,"-"C';" -"i', ' . ,~,,_,., __' _j,_, _'"."",' " '" _~ ,_,r _ '_ ,_., _, ", ,. ""," _., _~_~ ._ _ <. ," i: KIM L. WRIGHT Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA V. DAVID L. WRIGHT Defendant CIVIL ACTION ~ LAW NO. 7982 CIVIL 2000 IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant, David L. Wright, moves the court to appoint a master with respect to the following claims: (x ( ( ( Divorce Annulment Alimony Alimony Pendente Lite (x ( ( ( Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) O'Brien, The Defendant has appeared in the action by Robert L. Esquire. (3) The statutory ground(s) for divorce is irretrievable breakdown. (4) Delete the inapplicable paragraph(s) : (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: none. (c) The action is contested with respect to the following claims: division of marital property and marital debt. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take a half day. (7) Additional information, if any relevant to the motion: k~i\.,UA Robert L. O'Brien, Esquire ~ DATE: July 17, 2001 ORDER APPOINTING MASTER _. jq?7 ~ r? /) JANE l'lG1?l, -i;P.is day of -' , 2001_, r-~ ~~ Esquire is appoint d ster with respect to the following claims: ~ L~~~~_~~~ ~tM~, ~ BY TIm ~ ( f. J. '{WilF, ~, ~~~ T- ~-- gjlUfdill '.;......,~t~jt.l""II'Id\("-Ji,U:-"'l'=-"''-.','~~'"'''..,"'',',,,~1i>!.;bjW;l~h"""""O""'>-''''o,;'''''"'-.t>!i''f"j!,:'j'''''fi,,~;~~~~,~~~.~,,,*~~~M_)i1fil<f.l"'!11U11i<lJ,"~~liWe; ( \ , ':]'; " " n: CUlvii!:. ~ ,I n :'5 (.) ,,,"~<_,, > ~ _~ _ ~"""",_~",_~"".,,,,,._<~" ~..L-'^',',,' ~,,~:,,-,~, '" " <," ".-"",.",,,,,,,..,' ~ , ~., ',,"_ ~. ~_J"'", _ ~, ,_". " ~-""". "'c Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L, WRIGHT, v, NO, 2000-7982 DAVID L. WRIGHT, Defendant CIVIL ACTION - LAW IN DIVORCE INVENTORY AND APPRAISEMENT OF DAVID L. WRIGHT Defendant files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years, Defendant verifies that the statements made in this Inventory and Appraisement are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa, C,SA Section 4904 relating to unsworn falsification to authorities, Dated: " I z.o) &1\ it~, __~'~_'_ ,_ ", ~,-" '.', <. "_". _,_ . " ., ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages, If an item has been appraised, a copy of the appraisal report is attached, Real property Motor Vehicles Stocks, bonds, securities and options Certificates of Deposit Checking Accounts, Cash Savings Accounts, Money Market and Savings Certificates Contents of safe deposit boxes Trusts Life Insurance Policies (indicate face value, cash surrender value and current beneficiaries) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefits-severance pay, workman's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) MilitaryNA benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26 Other ( ) 1, (x) 2, ( ) 3, ( ) 4, (x) 5, ( ) 6, ( ) 7. ( ) 8, ( ) 9, ( ) 10, ( ) 11 ( ) 12 ( ) 13 ( ) 14, ( ) 15, ( ) 16, ( ) 17 (x) 18, ( ) 19 ( ) 20 ( ) 21 ( ) 22 ( ) 23, (x) 24 (x) 25, ',\<,,,,,,,, ~~,~ , .>" 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 the date this action was commenced Item No, Description of of Propertv 1, Computer and desk 2, Bed, dresser and night stand 3, Overstuffed chair 4. Couch and love seat 5, Entertainment center 6. 32" TV and VCR 7, Stereo and speakers 8, Coffee table 9, Bed, dresser and dresser wI mirror 10, 2nd TV & stereo in daughter's room 11, Pots, pans, utensils, appliances, etc, 12, Towels and other linens 13, Child's desk 14. Daughter's clothes, toys, etc, 15, Indian collection 16, Dresser 17. Seasonal decorations, etc, 18, Clothing and misc, personal items 19. 22 Automatic Pistol 20, 22/410 Over & Under 21, 410 Obi 22, 12 gauge Mossburg Pump 23, Model car collection 24. 1985 Dodge Caravan 25, 1989 Chevrolet % ton pick-up "-jf!fJ~,.", - .~ -~ -'-', -=- Name of all Owners all Owners Date of Acquisition Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Husband & Wife Uncertain (1996) Uncertain (1985) Uncertain (1989) Uncertain (1989) 1998 1998 1998 1985 1998 1998 1995 1998 1998 1999 ,'- ". Item No, Cost or Value Value as of as of Date Date Action Amount of Of Acquisition Commenced Anv Lien 1, $800.00 $200.00 2, $1,00000 $200,00 3-4, $600,00 $10000 5. $180,00 $100,00 6, $900,00 $300,00 7, $800,00 $500,00 8, $200,00 $50,00 9, $500.00 $100,00 10, $200 00 $50.00 11, Unknown Unknown 12, Unknown Unknown 13, Unknown Unknown 14, Unknown Unknown 15, Unknown $300 00 16, Unknown Unknown 17, Unknown Unknown 18, Unknown Unknown 19, Unknown $25000 20, Unknown $20000 21, Unknown $200,00 22, Unknown $380,00 23, Unknown $1,00000 24, Unknown $1,50000 25. Unknown $1,500,00 Item No, Nature of Anv Lien Effective Date of Lien Holder of Lien !!~1~,,~_ '. -~ - ~-- " ,"' , ~~ NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property, Item No, Description of Property Names of All Owners 1, Dining room tables and chairs 2, Two end tables 3, Two lamps 4, Pots, pans, dishes, etc, 5, Remington 12 Gauge Pump 6. 22 Bolt Action 7, 22 Revolver 9 Shot 8, BB Crossman 9, 30/30 Winchester 10, 16 Double Barrel 11, 380 Automatic Pistol 12, BB Crossman David's grandmother Husbands Husbands Husbands Husband's Fathers Husband's Fathers Husband's Fathers Husband's Fathers Husband's (prior to 1990) Husband's (prior to 1990) Husband's (prior to 1990) Husband's (prior to 1990) Item No, Cost or Value as of Date of of Acquisition Value as of Date Action Commenced 1, 2, 3, 4, 5, 6, 7, 8. 9. 10, 11, 12, Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown Unknown $300 00 $20000 $250,00 $50.00 $350,00 $15000 $350,00 $50.00 Item No, Basis for Exclusion from Marital property Some guns are pre-martial Some guns are gifts from his mother after his father's death !'n _.'" .' Date of Acquisition Uncertain Uncertain Uncertain Uncertain 1992 1992 1992 1992 Amount of Anv Lien PROPERTY TRANSFERRED Defendant lists all property in which either or both spouses had a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years: Item No, 1, Golf Cart Item No, 1, Item No, "'~, ',-,- '0., Description of of Propertv Date of Transfer Names of All Owners Date of Acquisition Husband 2000 Cost or Value as of Date of Acquisition Value as of Lien at Date Of Transfer Amount of Any Date of Transfer Unknown $1,200,00 Nature of Any Lien at Date of Transfer Effective Date of Lien Holder of Lien l ,"- LIABILITIES OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages: SECURED ( ) 1, ( ) 2, ( ) 3, ( ) 4, UNSECURED ( ) 5, ( ) 6, ( ) 7, ( ) 8, (x) 9, Mortgages Judgments Liens Other Secured Liabilities Credit Card Balances Purchases Loan payments Notes payable Other Unsecured Liabilities - see attached list and balances For Sears and Wells Fargo CONTINGENT OR DEFERRED ( ) 10. Contracts or Agreements ( ) 11, Promissory Notes ( ) 12 Lawsuits ( ) 13, Options ( ) 14, Taxes ( ) 15, Other contingent or deferred liabilities --;~~- ~-- ~ , -, , . " LIABILITIES Defendant lists all liabilities of either or both spouses alone or with any person as of the date this action was commenced, Item No, Description of Liability Item No, Date Liability was Incurred Item No. Date Balance is Due "'+~~,..,.~ ~ "-~ , Names of All Creditors Incurred Debtors Amount of Liability on Date Action Was Commenced Periodic Payment and Amount ,...- c.;.v. 1::;;Jf,.LVt/ VV' ~,vc /,,:;{ -I . tY<) December 8, 2000 Mr. Rob O'Brien O'Brien, Baric & Scherer 17 West South Street Carlisle Pa 17013 Dear Mr. O'Brien: Per your request this letter verifies that the apportionment of the retirement plan of Carlisle Productions, Inc. fully vested in David Wright as of December 31,1999 is $48,167.08. I talked to Glenn Hafer from our plan consultants and he indicated that the account can be split by court order as you and I believed. Glenn will call you regarding details which he was telling me and I suggested he contact you directly. Sincerely en Ker hner Treasurer and Plan Trustee . ~ Carlisle Productions, INc.' 1000 Bryn Mawr Road' Carlisle, PA 17013.1588 Phone (717) 243.7855. FAX (717) 243.0255 . www.ifounditatcarlisle.com ',~" ~ '-' "",. " .- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 2000-7982 KIM L. WRIGHT, v. I DAVID L, WRIGHT, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PRE-HEARING MEMORANDUM 1, The Plaintiff and Defendant separated in October, 2000, The reason fOr " the separation was the Plaintiff's refusal to follow medical advice in order to improve her health, her inability to manage her finances and her constant negative attitude, 2, The Plaintiff alleges disability, however, the Defendant contests the extent of the disability. 3, The Plaintiff refuses to work and currently resides with her parents. Despite a substantial payment in child and spousal support, she is constantly complaining about her lack of money, 4, The Defendant has a shared custody arrangement of the parties' child, and is currently seeking to expand that to being the primary custodian. That matter is scheduled for conciliation and thereafter, a court hearing, 5. The Defendant has been employed for a number of years by Carlisle Productions, the organization which puts on car and other shows at the Carlisle Fairgrounds, The marital estate consists of monies accumulated in his pension/retirement plan, as well as some modest home furnishings and values of motor vehicles, I " ;1 Ii ~~ !' ~ II I v 6. The Defendant may obtain an expert witness to evaluate the extent of the Plaintiff's alleged disability, 7, The Defendant's proposed resolution is that the Plaintiff receive a substantial proportion of his retirement benefit and that she waive any claim for alimony. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: ~DA/V-._ . Robert L. O'Brien, Esquire Attorney for Defendant I.D, # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 - rlo.dir/domestic/wright.mem Iii II ,h. -'i 1"-' -r . KIM WRIGHT/10.03.01. INVENTORY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, v NO. 2000-7982 DAVID L. WRIGHT, Defendant CIVIL ACTION - LAW IN DIVORCE INVENTORY OF KIM L. WRIGHT PLAINTIFF files the following inventory of all property owned possessed by either party at the tije this action was commenced or and all property transferred within the preceding three years. PLAINTIFF verifies that the statements made in this inventory are true and correct. PLAINTIFF understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. K~~~ LAINTIFF DI I ESQUIRE 3 48 Road Camp ,PA 17011 Phone: (717) 737~0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Dated: # I Page 1 KIM WRIGHT/I0.23.01. INVENTORY/revised 11.15.01, ASSETS AND LIABILITIES OF PARTIES PLAINTIFF marks on the list below those items applicable to the case at bar and itemizes the assets and debts on the following pages: ( ) 1. (X) 2. ( ) 3. ( ) 4. (X) 5. ( ) 6. ( ) 7. ( ) 8. ( ) 9. Real property and Real Estate Mortgages Motor vehicles and Vehicle Liens Stocks, bonds, securities and options Certificates of Deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of safe deposit boxes Trusts Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) 10. Annuities 11. 12. 13 . 14. 15. 16. ( ) 17. (X) 18. } 19. } 20. ) 21. ) 22. ) 23. ( ) 24. (X) 25. ( ) ( ) (X) (X) i--'~",-~_ ~ ~ " ..~ 26. 27. 28. 29. Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) Employment termination benefi ts ~ severance pay, worker's compensation claim/award Profit sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement plans, Individual Retirement Accounts Disability payments Litigation claims (matured and unmatured) Military/V.A. benefits Education benefits Debts due, including loans, mortgages held Household furnishings and personalty (include as a total category and attach itemized list if distribution is in dispute) Other assets Loans Credit Cards Other Debts Page 2 T' Q) .-l 4-< .-l ro 0 .Q .w '" ro -n Q) 0 <IJ .w " .w 4-< 'n ro ro '" .ci 'ci 3: '" ;:J 8 "d '" tJ' 'D >. .ci Q) .-l Q) <IJ .0 0 ..c: '" 'n " .-l '" >-< ro .w >-< '" '" 0 tI1 '" u .ci 4-< E-I .-l 0 Z <IJ " '" ro fit r< <IJ .ci ~ u .0 '" tJ1 "d (I] 'ci '" '" " Q) i::: ro .0 0 '" E .-l ro <IJ '" 0 '" i::: () :> '" H '" '" i::: 0 0 (I] tl 0 Q) 'n " 0 ~ .w ill A H 1"1 0 ro ro P< 1"1 ~ '" 0 l:f.l ..c: " '" 0 0 '" H f:1 ro " '" H 3: rl H (I] P< Q) 0 '" Q) Q) ..c: '" .. 0 E-t (I] (I] .w '" '" .. H ;:J 0 H ..:l 0 A H P< 4-l e 0 III (I] .:e ro tl 0 ..c: ill ~ 0 '" H .w .w ..c: A H rl 0 ..:l 0 ro .w .. !:; 0 .. .Q "d -n '" "' rl 0 0 III '" ..:l ~ '" H Iil N .:e " ill 0 ~ rl E-t 0 ..c: " '" .w 0 '" '" 0 H H Eo< i:>: " A ~ Q) 4-l >< ..c: 0 .-l .w .-l 0 0 'n ro .. 0 0 '" M ~ ill (I] ;:J ~ rl ro "d 0 0 0 0 .. Q) ..c: 'n r; 0 rl 0 tJ1 u i::: ~ N ro 'n 0 'n Eo< rl rl '" >< ~ (I] "d ~ E-t " i::: i:>: ill 'n f:1 i::: P< P, 'n A (I] 0 0 0 0 >< " Q) ,.. 0 '" 0 0 "' 0 '" i:>: Q) '" '" 0 -- E--< rl .w ..c: tJ1 0 0 E--< Z 0 0 0 p, " ;:J H 0 0 0 0 .. .w H ill 0 0 .. Eo< H 0 0 rl rl 0 ..:l P< P< ~ '" 0 N tJl ~ rl rl rl .:e 0 tJ1 r; tJ1 rl E-t " >< "l H P< i::: ..c: H H ro .w .,..:"....... i:>: -'"'.;".:'::': ~ .-l 0 ~ril':' ro ..c: .Q .,'jil.'..' .w .w '" -.'. .' rl 'n -n " 0 ~ :.'H' , 0, " ~ 0 .. H t:i.:e::' '" ro !;; r; "~ N H 8 " " 0 Q) '" rl .-l ..c: ~::,:'R"" .-l .w ~q:z::;,:,: ro >< 'n ,;.~--- ,.. " E--< .-l Q) ~ :> u EJ tJ1 .-l :i~- '" SJ .w ro >< '" <IJ IIi '" 0 tJ1 ;:J .Q 0 [5 m H u E--< H U '" "d ,.. , 'D U ~ U1 'n -n Iz; .. :'::"oi'~": 0 '" '" '" H E--< U1 .-l "d 0 ,.. H ...., A H '" ~ IIi '" 0 ~ Q) H Eo< H i:' u '" '" '" ~ '" [%, .ci ~ .. gj H U1 H rl " :> 3: U1 "d '" "' '" IIi U IIi H 0 [%, i::: 0 H '" "l '" '" '" en H en E--< ~ .. " " H 'n '" 0 H rl :> ~ '" '" ~ U " ~ tJ1 .. U ~ H >'0 '" ~ ~ ~ !il H '" M ill i::: '" en '" en E--< U IIi "" .. i:ii2 :> ~ u H - 'n 0 A '" '" '" "' N "' ;ij ..: .w .w 'rl '" " '" E--< en -- " '" E--< E--< '" ...:i (I] 'n .w H '" H '" 5l .. '" 5l 0 H '" '" .., P< Q) .-l ro 3: U 3: Z rl .. H '" Z :<: " 'n " Q) .Q ro .w ro P< fil "l "' .0: i::: 'n Q) 'M .-l Ul ------ '" I 0 '" '" &< &< 0 Z 0 '" '" '" '" &< &< :;: P H Z '" "' 15 '" '" ~ :;: '" :;: :;: >< '" @ '" '" Z ;;: '" <I; '" '" l1.l co "' &< '" '" '" '" "' '" CIl H ~ '" H '" "' '" ;;: " " iii &< P; ~ Pil :i! '" H P; ~ U ,.., ~ H '" P '" H '" '" CIl '" CIl '" co ~ Z Z CIl 0 S z .,. 0 '" '" S t.> H V> tJ '" '" Z &< E-< &< '" Z z, ffi '" 0 '" H '" '" '" '" :3j tJ U .. &< .. '" '" co OJ P H '" '" '" '" 0 '" " P; P; P; '" H ,.., 0 '" 0 >< >< >< '" &< '" OJ Eo< &< I< E-< H >G >G '" H H H CIl CIl OJ Z !;: &< &< '" 0 ~ Z Z '" '" '" '" H '" '" '" '" '" '" ... tJ U U '" OJ P '" '" '" '" '" '" '" 0 '" CIl '" '" '" co '" .,. '" H !il '" '" '" '" '" 0 '" '" '" ... >< >< >< ,.., '" OJ 0 E-< E-< E-< H ... '" '" '" '" 0 0 0 '" '" '" '" '" .. >< '" '" .,. '" '" '" '" '" S '" 13 '" '" '" '" CIl '" co '" '" OJ ~ '" '" H '" CI co '" '" .,. tJ1 '" 0 '" CIl '" '" '" '" res H '" '" <I; E-< E-< '" ,.., Eo< :> 8 '" '" rl 0.. ,'~ H CI '" '" '" '" '" '" >- , '" '" '" '" '" .,. '" .. '" E-< do. E-< E-< E-< '" '" 0 0 '" '" H ',","" '" CO '" '" ~ ... .., CO '" '" .,. '" H -",' '" '" .., OJ "' '" ,.., r; OJ '" ~..fj/ ,.., '" H "'Jij .., , ' !:~+:' "'""" .. 'J' '" rl 0 '~ '" '" ',..~' '" 2 '" " .,. '" ,.., ~ '" '" '" ;;: ~ "i"i'..'. E-< E-< , , '" t '" ,.., rl rl " ~."', .","'"<. ','."i,8: .. "Z' '" " .w " ~ .0." "' rl -n .-< 0 0 '" '.::',~-:,'.: OJ " "" " " 0:: '" Z 0 >- H -n 0 'n 'n '" "' 8 ,.j' "' .-< H .-< <ll CIl g 0 >- H ~ H 0.. l-< tn @ H 8 '" ~..;', <ll " <ll '" 8 '" H tJ CIl U " <ll tJ " CIl 0 0. '" ~ ..~'.'" Z E-< " .-< " " "..",,';' P t9 H 0. CIl 0 Z " 0 0.. " 0 <ll ,fir CIl 0 ~ '" 0: 0 H H '" -n .rl .-< 0:: '" tJ 0: '" " ~ E-< :;: 'd .w tn 'd .w 0.. 0,. ~ '" OJ 0. tJ '" " u " " u '!i:', CIl ,.., '" dO."-' to '" <ll .a -rl <ll " " :::.:::l~.:~" CIl CIl CIl U'l CIl '" '>:1" '" '" H .Q l-< .Q 'd H '" '" '" '" U'l ~ ,..'.~,' CIl 0 E-< " 0 <ll " 0 <ll ,.to trJ 0 '" 0 '" '" S '" '" 6i H "' " l-< "' .:~. S 0 H 0 '" " '" ,-d~~.:-' '" '" 0.. " 0:: 0.. " t9 " t9 " "" CIl 0 '" "' '" "' '" "' Z " l1.l ~ I'iI ~ U z o ~ .~ fi{ tf.l .p f:l ~ ~ ::: o ~ 0 ~ '" '" Po '" I-< ,~ Z Q ~ ~ [;n~ III o III '" ::nliil ~ '" '" '" 0 I-< '" ~ '" p ~ '" ~ '" ~ .. o 0 ~ '" ","" p '" I-< ,.., '" ~ ~ to 1-1 ~..: ,.., '" '0 Oil P '" ,.., ,~ :; ~ '" OJ>: Z 0 ~ ~ ~ H &I r2 ;::l '" '" III I-< '" ..: ~ 0 I-< U '" ,.., gj '" ~ ~ '" 0) 0'1 N 0) N rl U1 N N ~ '" 0) N rl' U1 N N 0'1 N M '" 0) N rl U1 N N 0'1 N M rl o o 0) U1 o o rl rl '" " o o ["0 rl "' 0) '" '" '" N tIl '" !ii :2 U# '~J~':' ...~; tIl tIl '" 0) ,.., N Oil " '" '" H '" S 0'1 o '" 0 .. 0 ~~ u ..: o o 0'1 '" rl o o 0'1 '" rl o o 0'1 '" rl rl o 0'1 rl rl ~~ H ["0 00'1 "'rl :;:M # >< "'''' "'''' tIl E-< "'''' '" '" "'U III o o "' 0) o o "' M o o "' 0) tIl '" U tIl H ~ t:; U '" '" tIl '" '" >< III U '" S '" 0'" ,.., '" ,.., '" '" :;: >< '" u o U1 M '" o U1 0) '" o "' 0) '" o 0, N o rl rl '" '" ~ H U o tIl tIl .0: ~ ~ ,.., "' tIl '" ~;;g o o o o '" '" N "' rl rl o 0'1 " "' rl rl ro "' ["0 L!) <ll 01 m 0.. ~ tIl ... '" tIl tIltll ..: '" I-< '" ... o H ,.., ~ ~ .....: 01-< ... ,.., OJ Ul ,-i 'n .0 '" .<: .j.J 0 -..-I.,-j Ol .<: tJ<" OJ H 4-l o 0 ,-i OJ '" Ol 01,-i OJ '" ,-i :> ",<-;;j .j.J OJ 0 :> .j.J '" .<: OJ .<: ~ .w Ul _ Ol 1'1 o 0 P...n Ul .w .<: ~ .w '" ~ Op.. O..Q OJ Z Ul 00::E: Q 1%1 o E-I o H Cl Q H H o ::z:: z 1%1 0 00 H P E-I o U ::z:: 1%1 00 1%1 00:> E-I 0 Z I:Q 1%1 .:r:: E-I Z Oltl UN H 04-l o H OJ OJ .<: .w .w '" "@ '0 .<:1j . .~ .w ~4-l o 1'1 -r-i ~ Ul 1'1 .w 0 1'1 Ul OJ H .w OJ rc<. SP.. o Z 0 H H 'lJ OJ rh 1'1 .<: Z Q '" ~ ~~.@2 00 H 8 '" H .:r:: 01.<: H:>'lJ.w.. rl ..-1 ill o " :> .<: 0 OJ H ..Q Ul 0 '" Ol o .<: . H H ><" ,-iH r-l r;ci ~ ,-i Ol 0 '" 'lJ-n -n .w Ul :> 0 -W ...-1 ~ Ul'lJ 'n 1'1 1'1 rl .rl 'r-! l>o - 'lJ l>o .w OJ H r!.l..-I Fe< QJ 4-l Z H .r-l H OJ 0 .-: .w QJ H 1'1 p.. t:ll -.-I ro ,..' .'.'. tIl 1'1 t 0 'n .~ .w '" H 0 '" U p.. OJ Ul .w Ul 0 p.. 'lJ 1'1 '" ..Q Ul Ol p:: >< .0 'lJ ,-i 0 (Jl 0 0 '"", 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 p, 0 0 0 H 0 0 0 1 0 0 0 0 0 0 ,~ 0 0 0 0 0 1 L!) 0 0 00 0 N L!) M M <f> N <f> N N N M - - <f> <f> <f> <f> <f> <f> <f> M r-i <f> <f> 15 'lJ 'lJ 'lJ 'lJ 'lJ 'lJ 'lJ 'lJ 'lJ 'lJ 'lJ 'lJ 1'1 1'1 1'1 1'1 1'1 1'1 1'1 1'1 1'1 1'1 1'1 1'1 '" '" '" '" '" '" '" '" '" '" '" '" '" '" ..Q ..Q .0 ..Q ..Q ..Q .0 ..Q ..Q .0 ..Q .0 '"" '" '.'. Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul Ul '" Ol Ol Ol :il :il Ol Ol :il Ol Ol Ol Ol 0 p:: p:: p:: p:: p:: p:: p:: p:: p:: Po 'lJ ~ 1'1 H '" OJ Ol 1'1 'lJ Ul ,-i 'lJ '" 0 Z 1'1 Ul 'lJ 01 <' 0 1'1 -n .-'< '" H ,-i 1'1 1'1 Q) .w Ol ,-i 01 .w 0 Ul .w 'n 'n '" 'n .w Ul Q) H 0 H Q) (Jl '" Ul .<: H 'n 'lJ H Ol Q) Fe< , c:l .<: 1'1 Ul .w '" 1'1 H ..Q ,-i '" .w CJ Q) ,-i 0 ,-i '" '" Ul ,-i H 'lJ .<: .w Q) ,-i '" 0 <Il Ul 0 ,~ 1'1 01 'lJ P " CJ 1'1 -n H 0 U U '" -n OJ Ul 0 0 .w Q) OJ :.: '" z 4-l Ul OJ E--< Ul Ul '" 5 ,-i H .w '"" H 4-l 1'1 0 H <' ..Q Q) '" H ~, OJ 'lJ Ol '" 1'1 4-l 'lJ OJ 0 1'1 Ol 1'1 01 1'1 CJ '" .j.J 1'1 .w '" '" 0 Ul 1'1 '" .w 0 Ol 0 Ol Ol Ol CJ Ol '" Ul -n 1'1 '" ~ r-i 01 c:l 01 '" 01 ,-i 8<, H Ul ,-i 4-l OJ .0 0 ... .w .w " .w Q) 4-l <= 'lJ OJ .w p.. ,-i 1'1 Ul Ul ---.. 0 0 0 0 'lJ r-i 0 OJ :> 0 .@' '" 'n Ol -n N N .<: r-i .<: N .<: 0 0 CJ <Il 0 '" :r: H :r: :.: N N (Jl ... (Jl r-i (Jl :E: " 0 "" N M ... L!) '" r- oo '" 0 r-i N Z .' "" r-i "" \!J (j) tJ1 m '" '~ o '" '" <<l '" '" o '" '" ~ '" ~ t) tIl = .ri <1J r-i tJ "d <:: tIl <1J , ,.q "d tIl <:: ::< <1J:>::: ,.q tIl .E'ii '" = = 0...., ~ ~ 4-1 <1J <Ii ia' 4-1 .ri <:: :3 .ri r-i "d 01 <1J <:: <:: ...., CO -.-I'r-! :> ~ 'd -r-1 ro <:: r-i = <1J 1 ,.q <Ii <:: tIl r-i 0 ::< <ri <:: .<1.<1 ..Q ~.~ ...., ~ o <Ii ...., ,.q.<1 <Ii ...., tIl o 0 tIl ...., = <1J "d ...., <:: tIl 4-1 ro-r-! "ri ~ .<1 t.'J 01...., '" ~ ~ o o o o '" <I> "d <:: <1J ,.q tIl ::< :>::: z o H E-l '" H ~ t) '" <<l Q "d <:: <1J <Ii r-i ,.q <1J E-< = o o ~ O1t1l <:: ~ 'r-! 'r-! <:: <1J "ri .<1 r:1 u o Z "" r4 r-i <1J ...., .ri p,1 tIl <:: o 0 .<1 <:: <:: tIl -.-I ...-1 tIl ...., <1J <Ii ;;; tIl tIl <Ii <1J 4-1 .ri tIl ~:a <:: ...., <Ii .<1 tIl :s: = .ri co <1J '" r-i '" tJ r4 "d <:: <:: .ri <1J ,.q "d tIl <:: ::< <1J :>::: ,.q tIl ::< .<1] :>,...., ,.q <:: o "d = <Ii tIlLilr-i <1J <1J .<1"""'" tJ .ri ~ ~ ~ ::< 0 <1J '" 4-1 = o o o o r4 <I> "d <:: <1J ,.q tIl ~ tIl <Ii r-i ,.q <1J E-< "d <:: i>:I o :3 E-< '" r4 r-i <1J .u 'ri P,I tIl <:: o 0 .<1 <:: <: tIl "r-! -.-I tll ...., ~ % tll <Ii <1J 4-1 "ri tll :> "ri .<1 <: ...., <Ii @ ~ .ri CO <1J "'r-i '" tJ rl "d <: <: 'ri <1J ,.q "d tll <: ::< <1J :>::: ,.q tll ::< .<1 tll .<1 :>,...., ,.q <:: o "d S <Ii tll U; r-i <1J <1J .<1"""'" tJ "ri ~ ~ ~ ::< 0 <1J "'4-1= o o o U; <I> "d <: <1J ,.q tll ~ tll g. <1J H '" U; rl r-i <1J .J-J 'ri P,I tll <:: o 0 .<1 <:: <:: tll .r-! -.-I tll ...., <1J <Ii ;;; tll tll <Ii <1J 4-1 .ri tll :3 .ri .<1 <:: ...., <Ii .<1 tll :s: = .ri CO <1J '" r-i '" tJ r4 "d <:: <:: .ri <1J ,.q tll ::< :>::: "d <:: <1J ,.q tll .E] :>'.J-J ,.q <:: o "d = <Ii tllU; <1J .<1"" tJ ~ ::< '" r4 <1J .w "ri ~ ~ o <1J 4-1 = o o o o r4 <I> "d <:: <1J ,.q tll ::< :>::: tJ ...., <<l tll <Ii .<1 tIl .ri r:1 tll <:: <1J '" tll ...., o '" \D r4 o o o "" U; '"' <I> H ~ o E-< <II ~ '" o 0 o 0 o 0 o 0 r4 r4 <I> <I> (!) (!) (!) 4-14-14-1 -..-I -r-! -.-I :s: :s: :s: ~ (!) tIl tIl (!) ~ r:1 r-- r4 ...., <1J <Ii '" <Ii 1) H "d <:: <1J .<1 tJ ::< o u CO r4 o 0 o 0 o 0 CO 0 r4 "" <I> <I> ~ (!) .J-J <:: (!) U .w <:: (!) ~ .ri <1J ...., ~ (!) .w <:: '" '" r4 o o o o U; <I> OJ Q) <Ll OJ 4-l 4-1 4-l 4-l -.-I -r-! -r-! -.-I :s: :s: :s: :s: po: u :> "d <:: <1J ~ tIl ~ (!) ,;< <1J (!) P, '" <Ii r-i '0 ,.q <:: <1J <1J E-< o <Ii (!) <Ii ~ 4-1 (!) 4-1 ...., 0 '" U = '" "" o '" rl '" o o o U; <I> o o o o r4 <I> ~ o ~ "d ~ <:: .ri <1J :<: ~.<1 (!) ...., tIl .ri rJl :3 (!) ~ ~ r:1 (!) rJl , rJl "d (!) (!) ~ ill r:1 '" '" "" '" t-- <Ii tJl <U '" o o o U; <I> (!) 4-1 .ri :s: <:: .ri o (!) S ~ 0 <Ii 0 .w po: '" rJl "d <:: ~ <1l (!) :> ...., E-<-B, ~ ::< = <1J '" r:1 '" '" OJ !;; "" ~ 8 . 0 0 0 "" 0 0 0 . :::> 0 0 1 0 ...:l 0 1 oo ~ 0 0 0 '" M <J> <J> , <J> ..-l <J> @l <lJ <lJ <lJ <lJ OJ OJ 4-l 4-l 4-l 4-l "" 'r! -r! -r! 'r! OJ :s: :s: :s: :s: OJ 0 '" 0) .:: "CI z 0 "CI .:: .:: 'r! .:: <tl 0 0 .w <tl 0) H .r! <tl tn.w E-< .w H 0) .:: u '" u 0 r-l .r! <lJ H <lJ U <lJ 0) ,a4-l ~ r-l <lJ " .:: .w4-l U r-l Q 0 <lJ o "" OJ 0 E-< .:: r-l "" U r-l 'r! U r-l ~ Q <tl 4-l r-l <tl .:: .:: 0 0) .:: '" 0 H 0 0 .r! 0) 4-l <lJ <lJ 0) E-< "CI <tl r-l ,a 4-l H '" .:: <lJ <tl .w .r! <lJ :::> H '" ~ 0 :s: '" OJ 0 U1 \.0 r- oo Z '" '" '" '" en OJ 01 <tl '" tf.l I'iI H 8 H ...:I H !:Q ~ H ...:I OJ 01 01 (Ij r:: r:: ..-1 -r-! '0 aJ > ~ ,Q '0', o .w ''; r:: i-1 0 0""' OJ o i-1 .w aJ OJ aJ 104 aJ " :>, ~ -e 4-l .w .,.., or-! r:: > ~ .,; :>, 104 ,Q OJ o OJ ..... (Ij aJ ..... ,Q OJ 2:5 ''; aJ &'0 OJ Cl) H ~ 0.,; ~:>,01 .w i-1 ..... i-1 0 Cll aJ ""' 01104- aJ 0 ..... i-1 aJ p,u r:: Cll .w ''; i-1 aJ .r:: r:: .,; ~ Cll ..... '0 Cll Cll .w .Q -~ aJ Cll OJ s 5 s 104 ~ ~ OJ,,", :>i 8 A<: I'iI p., o A<: p., ...:I ~ 8 H A<: ~ I Z o Z .w Cll'o""' .-I Q)'..-I () '"d 01 -..-I ::J 4-l .r:: ..... 0 " ~ r:: aJ i; ''; aJ " OJ ,Q :>, .wo,Q ,Q .w i-1 ~ 0 '0 1-1 Q} 0 o S 0 ............-1 -.-I '"d Cll .w r::..... Cll (Ij u i-1 Cll :>,OJfr .J,.J -..-I U2 i-1.r:: aJ u i-1 ~..-! Q) i-1~t: 104 Cll ..... r:: r-i _~ QJ (Ij .w 01 00 (1j -~ .w i-1 i-1 OJ (Ij i-1 'r-! P.. cd .-l ~ e: 1>0 ""' aJ ~ 0 ~ !;;; (I) ~ H.w,Q (Ij ":'"d'"d 1-'1 aJ ~ (j) H .. .r:: .,; .w&t: 4--l O-r-! o (Ij 01 H H H t', :,:,,: v.~,. . "::::t:IJ",: ,is: ,'~' ':'0' ::!B.:; Jl: :..;'.B:-:.: (f.} ..".~.:,., ':'fli ~ ,,~:; ~ ."p;;," '0,' '0 ~'~;g.'.: ~ ,"1>1' ,Q .,,,tf.l.",,. m. ',(f.}, " cog,':: :or: OJ OJ '"d r:: Cll ,Q OJ " :or: o o o o '" <I> '"d r:: (Ij ,Q OJ " :or: aJ 01 " Cll iCJ N r:: ..... " 01 r:: .w o 0 .w.r:: moo r:: ''; 104 S S aJ " 0:: '" r< OJ H aJ .r:: .w Cll ""' OJ '0 r:: Cll ,Q OJ ~ o o o o N <I> '0 r:: (Ij ,Q OJ " :or: '"d r:: Cll ,Q OJ ~ r:: o ''; .w () ..: .w ..... o o:l N N N OJ H aJ .r:: .w Cll ""' OJ '"d r:: Cll ,Q OJ ~ o o o "' N <I> '0 r:: Cll ,Q OJ " :or: '0 r:: Cll ,Q OJ " :or: .w o .r:: OJ 0) i-1 aJ > ..... o > (I) 0:: N N '" OJ H aJ .r:: .w (Ij ""' OJ '"d r:: (Ij ,Q OJ " :or: (I) aJ 01 01 (Ij (Ij -.-I -.-I i-1 i-1 i-1 i-1 (Ij (Ij :.: :.: o 0 .w .w i-1 i-1 o 0 -.--I ..-1 i-1 i-1 '" '" OJ OJ '"d '"d r:: r:: (Ij (Ij ,Q ,Q OJ OJ " " :or: :or: o o o "' <I> o 0 o 0 o 0 "' "' '" r< <I> <I> '"d r:: (Ij ,Q OJ ~ '0 '"d r:: r:: (Ij (Ij ,Q ,Q OJ OJ " " :or: :or: '"d r:: (Ij ,Q OJ " :or: '0 '"d r:: r:: (Ij (Ij ,Q ,Q OJ OJ " " :or: :or: r:: (Ij S OJ OJ o i-1 o o:l o:l i-1 ..... (I) aJ .w i-1 OJ i-1 (I) (Ij .r:: o:l u r:: aJ ''; ..... :s: ,Q " o 0 '" Q ...... o \D '" .-l '" "' \D aJ 01 (Ij ''; i-1 i-1 (Ij :.: o .w i-1 o ''; i-1 '" OJ '"d r:: (Ij ,Q OJ " :or: aJ 01 (Ij .,; i-1 i-1 (Ij :.: o .w i-1 o ''; i-1 '" OJ '0 r:: Cll ,Q OJ " :or: o o o "' '" <I> o o o lf1 <I> 0) OJ tJ1 Cll 104 '"d r:: Cll ,Q OJ " :or: '"d r:: Cll ,Q OJ " :or: '"d r:: (Ij ,Q OJ " :or: '"d r:: Cll ,Q OJ ~ ..... o .w OJ ''; '" u .,; .w Cll S o .w ~ r:: Cll S OJ OJ o i-1 o o:l o:l o t"- co '" t"- co Q !'iI p:: p:: !'iI iii tf.l ~ p:: E-< l>I E-< p:: !'iI III o p:: III " o ,,-l .w o cO '" .,-l .a .w "" o .w " Q) s Q) o " Q) ~ o o Q) .a .w "" o Q) .w cO '0 Q) .a .w "" o OJ H cO Q) :>-. 0') . " .,-l .a .w .,-l " '0 Q) H J:i H 0 Q) -,-l "".w OJ cO J:i H cO cO 13 fr OJ OJ cO"" " 0 .a Q) o .w ,,-l cO i'O :>-. Q) .w.a H .w Q) Q) ifo H J:i ~.~ ;::1'0 cO Q) H OJ H .w Q) OJ"" .,-l OJ rl J:i cO '" H '" .w H !;l ~ H " ..: ...:! H '" 0 :> H .~ :;tii' .,~ ~, :'rij ."'~.'.". :':0 .Q.. ',';=-i.-':; , 'Ii:! ,...~ .'0>: "I'iC ,'" 'il 8, ;~ Ii:!: "'~L .',Z, ::;2<: 0 ':-~O;.> 0 :J::'. 'li! "J:t .-I '_.H VJ:- :i.'Cf.1""': >8 ' :J!il ~,. '~:'t.t. g :1' ~ ,::'~. 1>1, >.~.; :'~" i:O;- ?:~::~. :i", t :.\8\': ro Eg~ ~ Li':}', '6 C> :_~i. :..'? "" o rl rl cO '0 QJ P- .,-l QJ OJ ,,'0 QJ QJ H QJ " >l 0 H H cO P, ..Q '" QJ &lfl """'.'~' o o N .-I "" o rl rl cO '0 QJ P- .,-l QJ OJ ,,'0 QJ QJ H QJ " '0 0 " H cO P, ..Q '" QJ ::l.a :r:.w Q <Xl E-< Q <Xl E-< a rl ill m m 0, ~ o J:i .-'< " ::l :>-. rl rl OJ m QJ .,-l " H " QJ cO ill'M 0 p,p, OJ rl QJ .w Q) H '0 - cO ~ J:i QJ o.a -.--I Q "" .w H 0 " ril ill .w rl QJ H rl rl m 0 cO 0, " Q N KIM WRIGHT/10.23.01. INVENTORY/revised 11.15,01. CERTIFICATE OF SERVICE AND NOW, this ---l f.J -\- day of 1J 6...J1-.- "--', 2 0 0 1 , I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I have this day served a copy of the within INVENTORY, upon the following set forth person, by mailing same by first class mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 Respectfully submitted, , ESQUIRE Road , A 17011 Phone: (717) 73 7 ~ 0100 Fax: (717) 975~0695 Supreme Court ID # 32112 Page 11 or~,Oo ~.. .1- ~ " Kim L. Wright Income and Expense Statement Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, v NO. 2000~7982 DAVID L. WRIGHT, Defendant CIVIL ACTION ~ LAW IN DIVORCE INCOME AND EXPENSE STATEMENT OF KIM L. WRIGHT I verify that the facts set forth in the foregoing Income and Expenses Form, including all attachments thereto, are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE: fer IS-c\ Kt-,:n i '1",,-,; "1~ -.t KIM L. WRIGHT - 1 - ',':, 1 c Kim L. Wright 10.25.01.Income and Expense Statement PART I. INCOME A. EMPLOYMENT INFORMATION: EMPLOYER: None - Disabled ADDRESS: POSITION: PAYROLL NUMBER: PAY PERIOD: B. EMPLOYMENT INCOME: FICA OR SE TAX 0.00 GROSS PAY PER PAY PERIOD - ITEMIZED DEDUCTIONS MEDICARE OR SE TAX FEDERAL TAX STATE TAX LOCAL TAX MANDATORY RETIREMENT UNION DUES TOTAL DEDUCTIONS NET PAY PER PAY PERIOD 0.00 NET PAY PER MONTH $0.00 C. OTHER MISCELLANEOUS DEDUCTIONS FROM PAY VOLUNTARY RETIREMENT HEALTH INSURANCE OTHER INSURANCE (Specify) : OTHER DEDUCTIONS (specify) : TOTAL MISCELLANEOUS DEDUCTIONS 0.00 - 2 - Kim L. Wright lO.15.01.Income and Expense Statement D. OTHER INCOME: DESCRIPTION MONTHLY YEARLY INTEREST DIVIDENDS PENSIONS ANNUITIES SOCIAL SECURITY RENTS ROYALTIES EXPENSE ACCOUNT GIFTS UNEMPLOYMENT COMPENSATION WORKMAN'S COMPENSATION INCOME TAX REFUNDS SUPPORT OR ALIMONY 1,449.75 17,397.00 COMMISSIONS TIPS OTHER SPECIFY: TOTAL OTHER INCOME $1,449.75 $17,397.00 - 3 - '.~-. ,_., Kim L. Wright lO.15.01.Income and Expense Statement PART II. EXPENSES DESCRIPTION WEEKLY AMOUNT MONTHLY AMOUNT ANNUAL AMOUNT Rent $200.00 First Mortgage Second Mortgage/Home Equity Loan Maintenance And Repairs Electric $30.00 Gas Oil Telephone $30.00 Water Sewer Trash . j.. ~ ' 'EMPLOYMENT'..' Public Transportation Lunches Other Employment Expenses Specify: Real Estate Taxes Personal Property Taxes Income Taxes Not Withheld Per Capita/Occupation Taxes - 4 - Kim L. wright ~O.~5.0~.Income and Expense Statement DESCRIPTION WEEKLY AMOUNT MONTHLY AMOUNT ANNUAL AMOUNT :t}J'~~Cl!::" Homeowners Insurance Automobile Insurance $50.00 Life Insurance Accident Insurance Health Insurance Other Insurance Specify: Payments $105.00 $86.67 $58.33 $3.00 Fuel Maintenance And Repair License And Registration ~~$;~~~~j;~~~~;;~g~iii~!f~~~~~:.;.;'n' Doctor $50.00 Optical Dental $10.00 Orthodontic Hospital Medicine $50.00 Special Needs/Therapy Etc. Specify: - 5 - Kim L. Wright 10.15.01.Income and Expense Statement DESCRIPTION WEEKLY AMOUNT MONTHLY AMOUNT ANNUAL AMOUNT Private School Parochial School College/Vocational Religious Training or Education Books/Fees And Supplies $20.00 Other Educational Expenses .:","'-."""","',","',',.:':,,':"" ;.~~:RSbN:AL .'...."'.;,,::;::,.,,,":',,'i".'... Clothing Food $100.00 $300.00 $20.00 Barber And Hair Dresser Memberships Other Personal Expenses Specify: :'~.', ..,:., ..::~,::::':;iio>,i"":: '.':,;:.,;;;}.' ':".,'. '.". . . '.',.",'< 'CR1EDJ:T.,GAl;tP$::Al@jl'~9~~j "",,,. 1. 2 . - 6 - Kim L. Wright 10.15.01.Income and Expense Statement DESCRIPTION WEEKLY AMOUNT MONTHLY AMOUNT ANNUAL AMOUNT :'M:~$S~J;:lft(@'~:'RUS'!;~~N~~~'~k;. Household Help ""<>"'-,"'"'''' ", . '''::-''-'.'",... '.. ... ". ~,..' , ,","..',',' ,....,'.',"...' '.'...' '.... ...,. ........0..:..-'.,.",.,,',..,,',','..,.,.... $100.00 Child Care Newspapers/Magazines/Books $15.00 $100.00 Entertainment Pay TV Vacations $25.00 $30.00 Gifts Legal Fees TBD Charitable Contributions Other Child Support (not the subject of this action) Other Spousal Support or Alimony (not the subject of this action) TOTAL EXPENSES $0.00 $1,383.00 $0.00 - 7 - Kim L. Wright 10.15.01.Income and Bxpense Statement TYPE Checking Savings Credit Union Stocks/bonds Real Estate Other PART III. PROPERTY OWNED DESCRIPTION NONE PART IV. INSURANCE - 8 - VALUE H W JT Kim L. Wright lO.15.01.Income and Expense Statement . ,......"...". ',,,,,, ". ..,.".,,,....... :INS~~E..... '!\'>"",""",',',''fI't,'-;''i;'''i:,'}'''''--, . TYPE COMPANY Hospital/Blue Carlisle Productions Cross Medical/Blue Shield Health Accident Disability Income Dental Vision Other-Specify *H=Husband; W=Wife; J=Joint; C=Child - 9 - POLICY NO. 669806000 y;;;,;:.;;'"",, ".....};. ;..".,'..",!y)i,:,~lf!.ll,k;;:k .. -.,.."". H W C x Kim L. Wright 10.15.01.Income and Expense Statement PART V. SUPPLEMENTAL INCOME STATEMENT [Xl CHECK HERE IF NOT APPLICABLE (a) This (1) (2) (3) form is to be filled out by a person: Who operates a business or practices a profession, or Who is a member of a partnership or joint venture, or Who is a shareholder in and is salaried by a closed corporation 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 (check block to indicate the document is attached) : (1) The most recent Federal Income Tax Return. [ ] attached (2) The most recent Profit and Loss Statement. [ ] attached Business Address: (c) Name of Business: Business Telephone: (d) Nature of Business (check one) 1- Sole Proprietorship 2. Partnership 3. Joint Venture 4. Professional 5. Corporation 6. Other (e) Name of accountant, controller or other person in charge of financial records: - 10 - - ~ ': ., -" Kim L. Wright lO.15.01.Income and Expense Statement (f) Business Income: 1. Annual income from business: 2. How often is income received: 3. Gross income per pay period 4. Net income per pay period 5. Specify deductions, if any: - 11 - -~! I' I II !, ~ ._', J ,_~_ .jn. ~- ~ '" ~-'- -""",,,, -~-,,'~' ,','---,'""..,. ',,~,~>,'-' -~ --, ,~,~ ..". ~-~ ."."""",-,' "- -" - - ,,,--~,..;.;,, o C) C) -., () -n :'~,'! ::;"i;~::D " :?8 ~2c) "T':Ti ~---?r~ o c: ? -o~ ",CD J...:._'fTT Z:']"; Z". (j)>- ~~~:,: .~O ~n ...::::... ,- >0 :;: L.. -, -< -" v ::x ry '-" cn :'''--':' ;Tj :::J 2; -'-' -< ~~fI!IJ1ti "__".",---Jl~~ljl~~~lhl!1ffl~!"j~'_Ji(k~;'!~~,..WJ!j~'~,1~:t,~~~lf'~..II;j:'1llilir~r~!llm~JlIIl!" ~, ,~<~_',,?O KIM L. WRIGHT, Plaintiff vs. DAVID L. WRIGHT, Defendant AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7982 CIVIL CIVIL ACTION - LAW ORDER (" ~ day of March, 2002, at the request of counsel for the defendant and with the concurrence of counsel for the plaintiff, hearing in the above captioned matter set for May 24, 2002, is continued to Thursday, May 30, 2002, at 9:30 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A ~ane Radcliff, Esquire For the Plaintiff ~rt L. O'Brien, Esquire For the Defendant :rlm ~1p' ~',' ,....--'., .~ ., " ~ BY THE COURT, 7~~~ 03-07-0';)- r<~ 4;[ :d"IIT ~ :lil!'~ . i!!Wi1ll!",,,!I;!<t!:,,i!,*il%l;jj;>1lM'~M*'!I-1UI~%\\'ili;;!~";i.-.~"";,~ilit.wi",~'":l<!f_!;<i\___~,,~~ltWiII"-~.~.~.llll:l~~1l\:j..~~ - F:LED-OI'-'F1CE .li"",:,i\\'yrt,r,,y ;,,,1\..,;,,,;1 02 i"i;i~t{...o p;~ 3~ 02 CUMSEPU'i'JLJ COUNT'( PENNSY0JANIA '. ... .,~,~~._.,..._~,_ r. ~~, ",,,'~ ,'~,,~' 0,'_ "." ",-.",' , .- "- .,~ - -- , ".' , ,.,~"., ".'., .,. .,. , ~,~ . ~h_ . KIM L. WRIGHT PLAINTIFF IN 1HE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-7982 CIVIL ACTION LAW DAVID L. WRIGHT DEFENDANT IN CUSTODY ORDER OF COlJRT AND NOW, Monday, January 07, 2002 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4tb Floor, Cumberland County Courtbouse, Carlisle on Friday, January 25, 2002 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR 1HE COURT, By: Isl Hubert X. Gilroy. Esq. ~njl. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ,~,~",!-,,,,,,,,,--,,,,",-.... .~ ~ ,~ " "',^"N.o' ~~ "'iPJM,'~,*,Ju:;jsilOo"mbllb":'_'''' <"'","~.o:>"__:c""'n""_,,,':;I,,","',,; ,_, ,",~,;b,1,_'"'' f';""'''''''o'-:::C^,':,^o';I::0>;:'''llli.ie.,,~''''~-d';7!ilh1'!i!,''''''''''lli'_~<\'$~~~'l1<i,;;""l4I'~@,~~i'-.nl<l'-""~~o=.." ., " r' ,~o.v~'~ ,.,~ y 1-<6' -I};;2 /"t O~ / - ~'cJ,) ~~,.o,_~~~ ,~'., ".__~"_ ,=,~ '"''''''' , ,," ._ ,0, -",', "~ ('-r.: -. \..'\ ~ -- ';1 '., p i:\1,U\'iiUC. ',P'( , ,:~" "";<': ,'-'-~i_:r~-\" ~()l \;1.' .,.., '1. c:,n G2Jf\.N-8 (n~I',}~ "r'N\:'( 1""1\ rMF".t.hL~\NL) GJ\. l i \.JV PE~\NS'(\)It>J'1\f-\ &./ t~~~ a4 /)~ '7l4a ~ ;t. XS. ~~ ~ ~ -;I. ~ yCIe . ~" - - ~" ~. -,. ~ .. ~",. . I l t",.~, "_ .j . _ ,,,,.-, , II KIM L. WRIGHT, Plaintiff v. DAVID L. WRIGHT, Defendant AND NOW, this _ day of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-7982 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT , 200_, upon consideration of the attached Petition To Establish Custody Hearing, a hearing is set in this matter for , the day of , 200_ at a.m.lp.m. in Courtroom No. _ of the Cumberland County Courthouse, Carlisle, Pennsylvania. Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 David A. Lopez, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, Pennsylvania 17013 BY THE COURT, J. i,,--,, !'" Ii , . .. - I. , I: KIM L WRIGHT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 2000-7982 CIVil TERM DAVID L WRIGHT, Defendant CIVil ACTION - LAW IN DIVORCE PETITION TO ESTABLISH HEARING ON CUSTODY 1. Petitioner is Robert L O'Brien, Esquire attorney for the Defendant, David L Wright in the above-captioned action. 2. When the parties last had their conciliation conference the Plaintiff felt that the utilization of a psychological evaluation of the parties and their child might benefit the court in reaching a decision as to the custody of the child. 3. At the present time the parties have equal shared custody of their child. 4. The Defendant is paying $1,208.00 per month for the child and spousal support. 5. A custody evaluation will cost $3,000.00 to $4,000.00 and Defendant is not financially able to bear the costs of that 6. Defendant wishes to proceed with a hearing before the court to request that he be granted primary physical custody of his daughter. WHEREFORE, Defendant respectfully requests that the Court order and direct that a hearing be established in order to consider the best interests and welfare of Jessica and to consider whether or not the Defendant should be granted primary physical custody. ., - "-'~, ^ -- " . ." .- "- '-' Respectfully submitted, O'BRIEN, BARIC & SCHERER -"-"'--'-'f';j I<... .. ._ /c:::-u<..L ~ _ Robert L. O'Brien, Esquire I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/domestic/wright.pet ~. .._.... ~^ , ~~OllU!IJ~ ~ ~ - -,""", ~~ ~.l- ~ ~ ....... \J () ~ "J ........ ".',c. (" ~ ~ \ . ~ ~i t ','" '~." ~~,~::'; -:;"-. 05(;' f~!:~' ~~~) '~~I. ~"" ,~.~",.~~'~ o ~"':._ C:~',' c) "1 " , -', H,,,",,\."C' . , t'~ .'. ;;:? ~q i\.) l'1l:~)r"':'~7",_''''''~!ll'l~~'!Ii!!I1~~1~t'~~~<ll{lI~'l!l~.- "-"7 '~~I!IIIi!I""F!' . ~"""."'" ." ".' ~.- Kim ~, N~liH7 11n'Y1hU ~ID~' ~I~ Hf ~~f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. DO'71B2 CIVIL 19 IN DIVORCE STATUS SHEET DATE: ACTIVITIES: " -jr2~ ( Ib?f" /0 ).1 (~3 -;:-- ---. .;..u <: 1/1 16 ~ , - ~. '''" "I ()..t~ Ikl~ , *1 ~ . KIM 1. WRIGHT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : CIVIL ACTION - LAW vs. NO.OO -7982 CIVIL 19 IN DIVORCE DAVID 1. WRIGHT Defendant STATUS SHEET I o ""? ("1..1 11bt.. "L -';'Jl!:l.~r__ "'j.lt,,() ~ J to d?y- f ~ ,b r . !-i ,'7" _ _,",~, '-', ,'-' _ . ~ :-~ ,"'"" - '"""l- '. .. .~ " ~. KIM L. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 7982 CIVIL DAVID L. WRIGHT, Defendant IN DIVORCE TO: Kim L. Wright Plaintiff Robert L. O'Brien Attorney for Defendant DATE: Thursday, July 26, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. ,v' . 'c> "~ . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT DATE 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. <,> .' . 'v- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIB 2 6 2004 v KIM L. WRIGHT, Plaintiff NO. 2000-7982 CIVIL TERM v. CIVIL ACTION - LAW IN DIVORCE DAVID L. WRIGHT, Defendant ORDER AND NOW, this Zr?dayof fI'\~ ,2004, upon consideration if the within Agreement of the parties, IT IS HEREBY ORDERED that the terms of the parties' Supplemental Agreement dated allfa...W are hereby incorporated by reference and entered as an order of this court. BY THE COURT: J. Distribution to: Attorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 - ~ Attorney for Defendant: Robert L. O'Brien, Esquire, 17 West South Street, Carlisle, PA 17013 r:. 03~ 0 'I ~ ~~'"W~w,ilIiPi...a;RiD~a<I-~~ii~1!~khili,i!,;"''t.,)j''l~~'";i,;,,j!.ilJIJli~IIIhil'~_Ji'~~-~'- ~_...- FILED-OfFICE OF THE PROiHONOTr\FlY 209~ MAR -3 AN 9: 13 CUMBJ:;fl!J\i'D COUN1Y PENNSYLVANIA ~'.,""'",!W,)-~ _'<""_""~~ _^,_". .-<'A~> ~"_",'F'_~H ,.__"~._ '~"=""',,,~ _ ., ., ,.._.<~ "YrP ~_, ~__'~L". ~ -~, ~, -~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, Plaintiff NO, 2000-7982 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE DAVID L. WRIGHT, Defendant SUPPLEMENTAL AGREEMENT THIS SUPPLEMENTAL AGREEMENT made this _ day of February, 2004, by and between KIM L. WRIGHT, (Wife") of 30 Greenmont Drive, Enola, PA l7025, and DAVID L. WRIGHT, ("Husband") of 13 1 Salem Church Road, Mechanicsburg, PAl 7050, WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on June l6, 1990 in Carlisle, Pennsylvania, and were separated on November lO, 2000; and WHEREAS, the parties entered into a Marital Agreement dated January 8, 2004, which provided for the distribution of their marital assets and debts; and WHEREAS, the January 8, 2004 Marital Agreement reserved the determination of the issue of alimony; and WHEREAS, the parties hereto are desirous of entering into this Supplemental Agreement to settling fully and finally the alimony issue, which shall act as a supplement and addendum to the January 8, 2004 Marital Agreement NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1 ^.' ,>' ~ ''"-" ' ".r ~..' _," -'- - 1. SPOUSAL SUPPORT/APL: The spousal support portion of the support order in the action docketed to No. 890-S-2000, Pacses No. 5l 7102720 shall terminate on the date occurring seven (7) days after the date Wife receives her distribution from Husband's Carlisle Production Retirement Plan as provided in the January 8, 2004 Marital Agreement Any arrears or credits remaining at the time of termination shall be deemed to be arrears or credits owed or due on the child support portion of the aforesaid support action. 2. ALIMONY: Husband shall pay Wife alimony in accordance with the following terms and conditions: A. Alimonv Amount: Husband shall pay Wife alimony in the amount of $1.00 per month. This alimony amount is based in part upon consideration of Wife's anticipated receipt ofSSI benefits in the amount of $59l.40 per month and Social Security Administrations income limitations pertaining to SSI benefits. B. Alimonv Period: The alimony payments shall commence on the date occurring seven (7) days after the date Wife receives her distribution from Husband's Carlisle Production Retirement Plan as provided in the January 8, 2004 Marital Agreement and shall continue to be paid on he same day of each month for the month in advance thereafter for an indefinite period of time, or until the death of either party or Wife's cohabitation or remarriage, whichever shall first occnr. C. Tax Reoortine:: The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between Husband and Wife associated with a dissolution of their marriage and pursuant to a written marital agreement and order of court. D. Modification: The alimony provisions set forth in this Paragraph shall be fully modifiable and subject to modification by the Court the same as ifthese alimony provisions had been entered as an Order or Court after hearing and not originally by an agreement E. Pavment: Husband shall pay the aforesaid alimony amounts directly to Wife unless Wife requests payment though Domestic Relations in which event the alimony payment shall be made through Domestic Relations Office of Cumberland County, P A pursuant to a Court order to be entered for that payment and, if appropriate, Husband's wages shall be attached to guaranty that payment 3. CHILD SUPPORT: Commencing on the date occurring seven (7) days after the date Wife receives her distribution from Husband's Carlisle Production Retirement Plan as provided in the January 8, 2004 Marital Agreement, Husband's child support obligation set forth in support order in the action 2 ,,',,-, '. "'-"',- ~"",.~,:-~, ""'-,,~ -'--~'~- "-~ ~~"-~'" ~""..,.,~ ,- -~ ~ ".-- ,.,- ,.>, docketed to No. 890-S-2000, Pacses No. 517102720 shall be modi8fed in accordance with the following terms and conditions: A. Amount: The child support amount shall be modified to and shall be $6l6.00 per month. B. Modification: The child support amount herein provided is based on the current financial circumstances of the parties and shall be subject to modification based on a substantial change in those circumstances, but in no event shall the child support amount be any less than amount necessary to provide Wife with a total monthly income of $l,208.00, which amount is to be calculated as the sum of any income from alimony, SSI benefits for Wife, SSI benefits for the child and child support. 5. HEALTH INSURANCE: Husband shall continue to provide cobra health insurance coverage on Wife until the earlier occurrence ofthe date Wife secures medical insurance coverage as part of her SSI benefits or two (2) months from the date of this Supplemental Agreement, whichever shall first occur. The foregoing notwithstanding, Wife shall be entitled to elect the continuation of that cobra health coverage provided that she shall be solely be responsible for the payment of and pays the costs therefor. Husband shall be required to provide Wife with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. 6. DEPENDENCY EXEMPTION: For the 2003 tax year, Husband shall be entitled to claim the dependency exemption for the parties' child, Jessica Lynn Wright on his 2003 federal income income tax return. Thereafter, the parties shall alternate annually the right to claim that dependency exemption, with Wife having the right to claim the dependency exemption in even numbered years and Husband having the right in odd numbered years. The foregoing notwithstanding, if the dependency exemption is worth more in tax savings to Husband than it is to Wife, then Husband may claim the dependency exemption in Wife's even numbered years as long as Husband pays Wife the amount of her increase in taxes resulting from Wife's loss of the right to claim that exemption in even numbered years. If Wife has no taxable income in any given even numbered year, Husband's right to claim the dependency exemption shall be automatic. If, however, Wife has taxable income, then no later than March l5th of each even numbered year the parties shall prepare and exchange with the other party their respective preliminary federal income tax returns both with and without claiming the dependency exemption, and if then Husband decides to claim the dependency exemption he shall provide Wife with written notification thereof together with payment of her increase in taxes as aforesaid no later than April! 't, in which event Husband shall have the right to claim the dependency exemption and Wife shall refrain from claiming it on her federal tax return . 7. SUPPLEMENT: The terms of this Supplemental Agreement shall be deemed to be a supplement 3 and addendum to the January 8, 2004 Marital Agreement incorporated by referenced hereto. Should there be a conflict between the terms of this Supplemental Agreement and the terms of the January 8, 2004 Marital Agreement the terms of this Supplemental Agreement shall govern. In all other respects the parties hereby confirm and ratify the January 8, 2004 Marital Agreement 8. COURT ORDER: the parries agree that the terms of this Supplemental Agreement shall be entered as an order of Court, and authorize the Court to enter the order incorporating the terms of this Supplemental Agreement attached hereto. 9. BINDING EFFECT: By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions ofthis agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing, IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: ,- ~{)6~ ~ ~/~ D~L.WRIG~ Date: 2-- /< -' 09 (SEAL) I ~ti1 -e /fJ/~tc/ M . WRIGHT (SEAL) Date: 'J. - It::! ~ C? tf 4 ,-8'",-,"' _ ,""," ,w,," _ "_ ., ,..," , COMMONWEALTH OF PENNSYL V ANlA SS. COUNTY OF CUMBERLAND On this the _ day of , 2004, before me the undersigned officer, personally appeared, DAVID L. WRIGHT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. lN WITNESS WHEREOF, I hereunto set my hand and notarial seal. NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA SSe COUNTY OF DAUPHIN On this the _ day of , 2004, before me the undersigned officer, personally appeared, KIM L. WRlGHT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. NOTARY PUBLIC My Commission Expires: 5 -.L,",J ~-- ~ - ." ,"",'" - C'-, -" '.- ,,~ " . ~ . ,~,..,... ,,, .'" ..~ ~" .. '" - -~ '"< "' ,~~,-~~,~, ~'-~,_.. _w , ",'>' ,,'""-- o ,.- '- ?" ~,m ~(;; ~,~, -"'-:c': :t-;c~ ;;-.:: --j -< a \D ~-.~~.~, '-,' ,:>>, "" ,'I, ,< _i~~' '" = = .r.- ~ r;, Ct1 t\.) <]"1 o " ::::J fh:a r- -orTl g6 ~~~ ~:2c) C5n'l );! ,." ;~ ""':> :J:" '~_~''lI~~_~_!I''-_~m;1lli'lJ''II'!':'I'I''!_,!,~"",><:;:;~,(AR:r'~i'''f''''W,'rvi'Wfll>;r<t-'1'f"e.""'!'rn~'f'O"lJlEi'!~_<I!/IW,\llewrum<R"'~~~~iII9;l!Iil:~ DIANE G. RADCLIFF, ESQUIRE Attorney at Law 3448 Trindle Road Camp Hill, Pennsylvania 1 70l 1 Phone: (7l7) 737-0l00 Facsimile: (7l7) 975-0697 May 11,2004 E. Robert Elicker, II, Esquire Cumberland County Divorce Master's Office 9 North Hanover Street Carlisle, P A 17013 Re: Wright v. Wright Cumberland County Divorce Action No. 2000-7982 Dear Attorney Elicker: I am enclosing with this letter two (2) copies each of the Marital Agreement and Supplemental Agreement for the above referenced case for your records. I understand that you will secure the order revoking your appointment so the Divorce Decree can be entered. Should you have any further questions, please do not hesitate to call. Very truly yours, DGR/df Enclosure: Marital Agreement Supplemental Agreement cc: Kim Wright File TRANSMITTED BY MAIL ?'''''V'''''_"'~^''_'_ , ,~,~ ^." >>-. ,--".. -," -,~ ,---', 1- KlM L. WRIGHT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW v. DAVID L. WRIGHT : NO. 00 - 7982 : IN DNORCE ORDER AND NOTICE SETTING HEARING TO: Kim L. Wright Diane G. Radcliff , Plaintiff , Counsel for Plaintiff David L. Wright Robert L. O'Brien , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the Rth day of a.m., at which place January 2004 at 9:00 and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, Date of Order and Notice: 10/71/01 By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET, CARLISLE, PAl 7013 TELEPHONE (7l 7) 249-3l66 ", -, ,-- ''" ~ ~""" ,,< *d<_' ,~ I KIM -'-'. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 7982 CIVIL DAVID L. WRIGHT, Defendant IN DIVORCE ~~;:t1J:.;,U"W,'~i; CONFERENCE WITH COUNSEL AND THE PARTIES TO: Diane G. Radcliff Kim L. Wright , Counsel for Plaintiff , Plaintiff Robert L. O'Brien David L. Wright , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 21st day of October 2003, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: August 25, 2003 E. Robert Elicker, II Divorce Master Law Offices O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania ]7013-3432 Robert L. O'Brien David A. Baric Michael A. Scherer (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com March 18, 2003 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 Re: Wright V5. Wright No. 2000-7982 Dear Mr. Elicker: This letter is to confirm that the four-party conference that was scheduled for 9:30 a.m. on Wednesday, April 9, 2003 has been rescheduled to 1 :30 p.m. Very truly yours, O'BRIEN, BARIC & SCHERER RLO/ta Robert L. O'Brien, Esquire cc: Dave Wright Diane Radcliff, Esquire File rlolDomesticlWrightlelicker2.ltr ,^V. '''''"C,~,:"q_o,''':'I-'''''''''','_'''jJ'l<!'~'",_,o_:~.~o"",,,',"'.,_"~_.,,," ~_~""-J''''--_' ",,'_'.~__"" _ "'I' ,~'"_~" _<,~_ 08/21/03 11:52 DIANE G RADCLfFF 7 2407890 1;101 ND.189 FAX COVER SHEET TO FAX NUMBER: 240-7890 FROM: TO: -- '-.. -_. DATE: _.-.. MATTER: DEBORAH L. DONLEY, Paralegal DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road, Camp Hill, P A 17011 '. Phone: 717-737-0100 FlU: 717-975-0697 -. "-., -"-. --,. -. .__. -, .-. .-... ._... -- -'. , Tracy " Cumberland County Divorce Master's Office I Phone: 240.6535 Fax: 240-7890 '--., -, . ~ --- ..-. "---,, -- .--., . 8.21.03 ! Wright v. Wri/(ht For Review Please ConunentlRc I lI. For YOllrFurther Action ] For YOllrFiles SA ~r:~a~le~sf::se;:~ rJ~t86f~:;i~~~f~~~~~u~~I~:~r~~~::~~y~e~i:s-- '- County beginning at 8:30 a.m. on September 22. Mr. Elicker asked that I contact Attorney O'Brien and obtain a date for the rescheduling of the conference. Both Attorney O'Brien and Attorney Radcliff are available on October 21, 2003. Please advise both counsel af the time far thlt pre- 'L/ hearing conference. L1 /' ((1 !. I u, z.1 /tJ'7 Thank you for your attention to this matter.~) ~ I'c.~ B.. tJe /O:r~.p. q .,60 0.0\. [) Ori~nal will follow by mail. [xJ Original will NOT fallow by mail. IF YOU DO NOT RECEIVE AU. PAGES, PLEASE TELEPHONE US IMMEDIATELY AT (717) 737-0100 The information contained in this facsimile message is information protected by III/arney-client and/or the attorney/work product privilege. It Is intended only/or tire use of the individual named above and tire privileges tire nol waived by virtue of this having been senl hy facsimile. If the person actually recelvinll this facsimile Qr any other reader oj the facsimile is lIot the named recipient or the employee or agent responsible to deliver it to the named recipient. any use, dissemination. distrlbulion, or copying of the communication Is slrictly prohlbiled. [fyou have received this communication in ""or, please immediately notify us hy telephone and return the original message to 11$ at the above address via U.S. Postal Service. f""'!'~,..,~" , . HP Lased et 3330 HP LASERJET 3330 Aug-21-2003 11 :31 Fax Call Report Job Date Time Type 164 8/21/2003 11:30:37 Receive 0:42 Identification Duration Pages 1 7179750697 BS/21-'0J 11:52 DIANE G RllDCLIFF ~ 24a?a90 /'D.JB9 reI FAX COVER SHEET TO FAX NUMBER: 240-7890 FROM' : DEBORAH L. DONLEY, Paralegal i DIANE G. RADCLIFF, ESQUIRE : J448TrindleRoad,C8lllPHiIl,PA 17011 PhOl'lt:717.737-QlOO _f~7.!.?_~97~~._____ _ __ _,,__" , Tracy I Cumberland County Divorce Master's Office Phone: 240-6535 \-.. __ ___ ,.~iIX:__ 2~:?!O ___'_ DATE: . 821.03 F'--.. . MATTER: ,Wri~bt v. Wri~t .--- - TO: -.- U nl For Review JlJease Couen II. For Your Further Action forYollrFiln . .. ., .. ~.~!,Y."!!!!I!i:""" .. - '. . Tracy: I spOke with Mr. EJJclmr tmhtY regarWnB the Wright v. Wri2htpre-hta!ing conferebce scbeauled for Stptember 22, 2003~ Attorney Ridctiffis scheduled lor a custody trial in. Adams C~ lwginning at 8:30 a.m. on S~bu 2l, Mr. Elicker asked mat J contaCt Attorney O'Brien 8I1d olitain a elate for the reschedulint ofthc conference.. Both Atklme~ O'Dricl,1 and Attorney Radcliffare available flJJ October 21, 20ro. Please advUle both counsel of me time for the pre- hearing couference. Thank you for your attention to this matter. ~. [1 Ori~al win follow by mail. [xJ Oiiginalwill NOT follow bymltil. IF YOU DO NOT RECEIVE AIJ, PAGtS, PLEASt TELEPHONE us IMMEDIATELY AT ('JI'J) 73;.o1GO TM infol'/ffttllon confoilledln fllJs{tl~lnfil, /lIenoge ill in)Ql'lllttlloll"p'OIet:IW bYll/tomey-cliMI 411&0,/h/l tllk>>'''~J'''oduc' prMlege. I'IJ in"mhdtmly/wtJmllJ~D/JM btdJvJdwJl1lIlmwJD!vwe DNlIMpW/IDges DI'i1 nOI WtljWld by v/r",a of'hll bvlnll beJ!IlJ~ntby/tICJlhlik, 111M par''''' IIctrullly 'llCIlvlng /lIltfouiml/ll In' IIIlY oIh~1' nDd$'o/lh4ftu//lli!eqMIl/teMmednx:tpienlt>>'l/te6I1lp1()}'l1eDr~n1pOJ!lJbkll1deliwrJt tq/M/IIIlMd ncipimt tiny 11$<1. dissemilfDfiolt, diJlri/lwf,,", or CDP,vl"8 of/lte tmnmllll;CQ'ion /I slric/" p,ohiblletl. If;1011 lrllW! m;elverlrhl$COf/fmfI"kllMnilf,",",pMw/~}'norj,tUlbr~Qndl1!tlimlheorlg/MllfleUilgelOr(.f /If,hellb"lIllllddrusv,'IIY.S.1'IIJflllSenrlce, : M@ n Yen f Result OK KIM L. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 7982 CIVIL DAVID L. WRIGHT, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Diane G. Radcliff Kim L. Wright , Counsel for Plaintiff , Plaintiff Robert L. O'Brien David L. Wright , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 22nd day of September 2003, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: August 5, 2003 E. Robert Elicker, II Divorce Master -+....,.~ ,- ^, <, ." Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, v NO. 2000-7982 DAVID L. WRIGHT, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 13, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: ...:>1;)1/0;;'" , ~ ' ~ o/"Y1 -S "7A-2.A I .A- M L. WRIGHT ~ ~" ,~ -. < ~" .. -~,~ , - > "*"' _. _~ _ _._ N' ,-,,,,~^,,"-.'\~ C:1 f"_l -.:-, o S~ -o[cl'~ n~,: ,. /..::-:.... (j~l ' -" g {; ~~~:,:; .".;-(~ z _i " -, ;.-0 ;.,0.) .~ 'r:-) .., ~. (n ,. '~~~~~~_)~~~"_"""~"!"'W~''''l'~!-",,,,..,J,,-H'~1''n'''_-'-'\fE','J,:t"""'~-'''%''!~"!l'll''''6iN'i\f.I'.larj'I1iWl'l!ill!\'<1~~IHI!f1ll!!'il11l!f.,~1~~~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, v NO. 2000 -7982 DAVID L. WRIGHT, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION 1'0 REOUES1' ENTRY OF A DIVORCE DRCRTm UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: 3 /;;)'"';0 ;). . . ~~1'i'\:i: /L(-L(.:r f I L. IGHT ,,---,- 1--1 " 1-- ~ ,~~ ~ ~-" -_.~ !1Il'l.~lIllI'Il!ll'i!Ollm~~,l"",,~ o ~ '-O(J- g~~ ~~~ ' 7":i,__ 2:~~-.' :::C; ,-.... C-",- 5i; ::;t _.~ c.::- r.....) :J<: ",J N ._1 "'I:i _....n en '!:IJ:jiI:i!JIWIjffl~'l!I"_'~~):'~'0i"',"""~;i""'~~"i1"~'<t'i""'''i!I:~~~R-'i''_'"'''~~,I'1''!!'-~P;~~f~"'Mln:ol~11l;l~~~ ._-, "'---" . " ,~, ,-~,- KIM L. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 7982 CIVIL DAVID L. WRIGHT, Defendant IN DIVORCE RESCHEDULED CONFERENCE WITH COUNSEL AND THE PARTIES TO: Diane G. Radcliff Kim L. Wright , Counsel for Plaintiff , Plaintiff Robert L. O'Brien David L. Wright , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 9th day of April 2003, at 9:30 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: March 4, 2003 E. Robert Elicker, II Divorce Master -,.,. Law Offices O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, Pennsylvania 17013-3432 Robert 1. O'Brien David A. Baric Michael A. Scherer (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com February 11, 2003 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 RE: Kim L. Wright v. David L. Wriaht No. 2000-7982 Dear Mr. Elicker: My client wishes to move this matter forward to a hearing before you. We would appreciate your scheduling a time. Very truly yours, O'BRIEN, BARIC & SCHERER ~ dB/V-J-- Robert L. O'Brien, Esquire RLO/jl cc: Dave Wright Diane Radcliff, Esq. File rlo.dir/domesticlwrightllllicker.ltr '.",,,;,,,,"_,,_,,,,,,0' .-..,.-, <. "-",,^ ~,~ .~-~"'~ - ,~- ,"" - .,- "-. KIM L. WRIGHT, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 7982 CIVIL DAVID L. WRIGHT, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Diane G. Radcliff Kim L. Wright , Counsel for Plaintiff , Plaintiff Robert L. O'Brien David L. Wright , Counsel for Defendant Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 14th day of March 2003, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: February 20, 2003 E. Robert Elicker, II Divorce Master ," i-- <.,,, "-',' '" '__':?'''- "'" ",,_~ . - _,' '_"""-" ,.,_ _ ,', ' . " . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-7982 KIM L. WRIGHT, v. DAVID L. WRIGHT, Defendant CIVIL ACTION - LAW IN DIVORCE PRE-HEARING MEMORANDUM L BACKGROUND The parties separated and after a short period of time an agreement was reached whereby they would have equal shared times of custody on a weekly basis with their one child, Jessica Lynn Wright. The Father in the action has done everything possible to make this arrangement work but has experienced interference with the Mother in the existing arrangement. The Mother will contact the Father prior to the time he is to exercise his custody rights and unilaterally announce that he cannot pick the child up. During the time that the child is in his care, the Mother will constantly place telephone calls and send email messages to the daughter. In December, 2000, Mother sent a communication to the Father in which she refused to discuss any matters concerning their daughter, other than matters relating to an emergency concerning the child. In the past she has threatened to have the Father charged with criminal trespass, harassment, stalking and harassment by communication. All of this was occasioned when the Father was merely attempting to have his name removed from the title and registration of the vehicle she was driving. ~,~ " ,"" Most recently in February, 2002, Mother unilaterally announced that she was not going to provide the after school care for Jessica as she had in the past. Father believes this was done as a direct attempt to interfere with his employment and to create a hardship for him. Accordingly, Father made arrangements for day care for his daughter from the hours after school ended until such time as he could pick her up. Thereafter the Mother demanded a return to the prior arrangement. The Father also believes that the Mother is incapable of assisting his child with the school work. His daughter is having difficulties in school and he believes it is in large part due the weeks she spends with the Mother. Attached hereto are four communications exchanged by the Mother and the Father. These are serial and demonstrate the lack of the Mother's spelling and grammar skills. II. WITNESSES A. Diane Myers. The Father's sister will testify as to her observations of her brother's parenting skills as well as the harassing telephone calls that her brother receives during the time his daughter is in his care. B. Steve Fishman. Steve Fishman was the supervisor of Carlisle Productions and had regular observations of the Father's interactions with Jessica. He will testify about his observations and his impressions as to the Father's ability to be a full time parent. C. Denise Whitebread. This is a sister of the Mother and Father will call her to testify as her observations of the Mother's abilities as a parent. O. Renee Negrete. This is a sister of the Mother and Father will call her to testify as her observations of the Mother's abilities as a parent. E. Terri Banger. This is a sister of the Mother and Father will call her to testify as her observations of the Mother's abilities as a parent. F. Leon Oamanius. Mr. Oamanius is a vendor at the car shows and has observed and spent time with Jessica at the shows. He will testify as to her evident enjoyment of spending those times with her Father. G. Bill Miller. Owner of Carlisle Productions will testify about the activities designed for children at the events and other matters. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~ Robert L. O'Brien, Esquire 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 '- rlo.dir/domestic/wright.mem " ,,~ " CERTIFICATE OF SERVICE I hereby certify that on May ztf, 2002, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Pre-Hearing Memorandum, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, Pennsylvania 17011 , ,- <f:::::{1 AAu.-.. Robert L. O'Brien, Esquire Page 1 ofl 'Subj: ---no- .Oate: 11/17/01 9:08:46 PM Eastem Standard Time 'From: KssLeather :!~:________ OLWRIGHT55 go a head mr nice guy your; day is comming to you . and all that you are doing ; you are not doing it to hurt me you are doing it to hurt jess' i have her x mas your to have her xmas eveso thear ; grow up babyim telling you dave keep that slut away from jess Monday, December 31, 2001 America Online: DLWRIGHT55 ., ~~O" _" , ~ -, -,- Page 1 of1 Re:no 11/17/01 KssLeather Subj: "Date: To: Why don't you learn to read and write? And I will have Jessica Christmas Day. We are going to have dinner with my family this year. Saturday, January 05, 2002 America Online: DLWRIGHT55 '5ubj: no ; Date: 11/22/019:02:19 PM Eastern Standard Time From: KssLeather To: DLWRIGHT55 i for got to tell you good luck hunting and dont fordet your whit coat Monday, December 3l, 200l America Online: DLWRIGHT55 Page 1 of1 ^-, Page 1 of1 jSubj: chismas :Oate: 12/5101 8:26:18 PM Eastern Standard Time From: KssLeather To: OLWRIGHT55 i know you have not change your mined about chrismas I but just dont for get on the 26th you will have her home hear bye 12;00 noon that day; also why are you takeing so long on this divorce; lets get this over with and going to court to ; like you said you wanted. im ready why are you draging your feet for let get things over with and done !!!!!!! Monday, December 3 l, 2001 America Online: DL WRIGHT55 -' _ _ ' ~, -", --,- ~ ''"^ '~ .. '(~'(,:":~1~_.. I~?;~~;/t/zl:-~-_}i:<..;.~_. '5 ey I . " J2, J ILJ J t!A4..1 ~.. ~Ii.tt J ~J~~~_ .. m-J.L":"---J~~~':Q91------ .." k.;"lf ~,'~I.t'-tMH (.~'h~1' I (., ,.. '" h I ~ ' .' 7~.A ~l . \ ..~I"',_':.uI2"":!~____11vMhJ.'", '. .,.- _____________________=--.._____ Ll1_~___.__.____________.__ ::~;i:~~-~.(I-dl? =~-=~-=-====:=~~/ ~_&q4kA17-- f~ ....t- A I / / s/. . c4.;z;; ," (r [f l... _'_' <~~~0!.1.-:....~-LJ.Q-{-/)-.'l------------------------------~__ ~---_------- ----~)~~=-,-l~,-(,:Tr~--7~~=~_I~~~j;j;,d= ..-.-.------------------{----- -- -+ III ~ "d' IV~ . --.- -._-~':".:----~----------.__.----------~----------_._._----._._---_..----,,--_.--- ..---.--.-------..----- flt....;)l.....A)\J\ j;.., -;- A j4)..~. .__ ______.____.____________.______._.__.____....___._ - ----",----.,-, --~..,_...._,.~-_._,..~--,-~-~~--_._-----------_._-_._--~ ~ ! \ II" ' ~~ 1"7 ~,,~ 1./\~t'-__1 ~'l.I' "/"'\,.-"'..-'"' i( M: j ~~~-L _ ~__'"_""~.~_,________...___."..__._~_____m.___.._~~ _ _ _ ,_____ ___ ___ '.._'n_"_-'___ ~ ________... __'~-...1-..- _"____ :_.__~_,,_;.~ .. .__ _.n__~"T.__..____,._____ ___ _. ... ._...._.____~:,&l;~/)~-~J.<!:~-<-~:',/)-------------- .___...._.___________________________________ ._- -----.-------- -------~----_. _ --------------.---.-----.---------------- k... ~ ~ ,~ .^"___"_'...-...n__'~_=-.:.....~___~ ',' :'-,'. ;" ',__ :--~__..____"_~________.__________.______'_'____"____.____.__,_ . ..~_______~L' ~_____-:~ _I1~ii-,}~-_---_----.-_-----.------------------ '~~1;~~.,~~ ~~ =~=====:== .. .bl~c~(y~7~~~)~-..--~---: (~_. __ ::, /_ z; _ '____#- _~__ _ _____ .. _ ____ _________________ ________ ___ ___.,____..._.____.______"_~..____'"__.._.m.________________~__.______,_____,___<_'"__~____________ ._____,____ --- -;--..-.----:---..---.-.--- ...- -...--..=..--.-------.------------------------...-7. ,,~----------------------..--...---...- . .---~--.Li~=-fl{j4t (~~_____L_~___________________~____ .. . .. ._.____________.___l__'!L!1__U~LJ.. o/~ML___!.LL~______________________ .. ._--~-----,.._-----~--------~--._"-~_.,,--~~-_._----_.-'._--'---.-_-" .------,----,,----~_. ....I~.......~~~-_pIL~~_;;;(i~__~....~~~~-=~:--=~-:..:~.._ I' J' "f# t::: gj "b f &.I.t~ \' :..----~~--.:-~-~..~c;:,5..~~L-~~-~--. - I ---- ~-,--._---,---, --..-,- "---,, ,--" '-.- - -.-- ,,,._--"- ------_.-------...",,------, ------.- -."._-----".. - -.. --" '.. -',,----, -_.,,----,-- --'-'''--_.._~----------_.._---.--,,--- ..,----,-----_. --,,----- ---- ---------.---.. -, --- '" --- -- "----,,---"-,,----- -.-----..-- "~'>lR"~Jl"f",",,'~'''"I~!'I I'"~,"'~ ....,..,. '""' ~ '"'" ~,<II _c~ ~_ !!n,,;-;t;;.', ~/.:{ /~~~r~- ~...MJr_~ ~_~~J:r.:L'&'L~~_~-1J-~-~CJ.~.. ,-~~~, "~ -- Kim Wright/l0.24.01 Pre-Trial Statement/revised ll/15/01/revised 2/5/02 FEB 0 8 ZOOtft KIM L. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-7982 CIVIL ACTION - LAW IN DIVORCE v DAVID L. WRIGHT, Defendant PLAINTIFF'S PRE-TRIAL STATEMENT Plaintiff, Kim L. Wright, files the following as her Pre-Trial Statement. TABLE OF CONTENTS . SECTION, .....'...: ~ ~... ....",",: .'. .:. .. .," ..,.. :l<ec'. ... .... J;>AGE I. BACKGROUND INFORMATION 2 II. LISTING OF MARITAL ASSETS AND DEBTS 5 III. LISTING OF PERSONAL PROPERTY 8 IV. LISTING OF MARITAL DEBTS V. PENSIONS VI. LISTING OF NON-MARITAL ASSETS AND DEBTS VII. INCOMES AND EXPENSES VIII. COUNSEL FEES AND COSTS IX. EXPERT WITNESSES X. OTHER WITNESSES XI. PROPOSED RESOLUTION XII. LISTING OF PROPOSED EXHIBITS DATED: ?-/G. f f I ! 162-- / ) Respectfully Submi ~ j \~, ) QUIRE " E G. CLIF, " dIe Road amp Hill, P 17011 Phon . 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff Page 1 Kim Wright/l0.24.01 Pre-Trial Statement/revised 11/15/01/revised 2/5/02 I. BACKGROUND INFORMATION A. PARTIES: ..; ,:;::,:',:~':"(''':'''''''''' DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER. 162-48-9896 David L. Wright 4 Knoll Bldg. Middletown, PA 17057 5 2 ~~\j)0 9/13/49 NAME ADDRESS -'IGE HEALTH Good EMPLOYER Carlisle Productions OCCUPATION Maintenance Director LENGTH OF RESIDENCY IN Unknown, but more than six(6) months PA EDUCATIONAL BACKGROUND High school graduate NAME Kim L. Wright ADDRESS 2727 Foxianna Road, Middletown, Pa 17057 AGE 38 DATE OF BIRTH 5/14/63 PLACE OF BIRTH SOCIAL SECURITY NUMBER HEALTH Harrisburg, PA 195-50-9838 EMPLOYER OCCUPATION LENGTH OF RESIDENCY IN PA EDUCATIONAL BACKGROUND previouslyf. heart valve disease with valve replacemen in 1998; Current~y, forensiy nerve damage of lungs from belng on resplrator; pacemaker; . severe depresslon; restrictions on walking and lifting; On medication and inhalers disabled; unemployed N/A Entire Life High School Graduate Page 2 Kim Wright/l0.24.0~ Pre-Trial Statement/revised ll/1S/01/revised 2/S/02 B. CHILDREN OF THIS MARRIAGE: Jessica Lynn Wright 11/13/92 . .,CUSTQPIANOR ". :,j~~CIPATIbN: Shared Custody M'" . ",.. . '" "''''''''''i~C.oMME:N,TSit.', Custody is shared on a 50/50 basis. Husband pays Wife $1,446.00 in child and spousal support. C. MARRIAGE INFORMATION: DATE OF MARRIAGE 6/16/90 PLACE OF MARRIAGE . Carlisle, PA DATE OF SEPARATION 11/10/00 CIRCUMSTANCES.. OF SEPARATION Husband could not deal with .. ". " ,,' wife's medical condition D. PRIOR MARRIAGES: I WIFE HUSBAND I: E. CHILDREN OF OTHER I WIFE HUSBAND RELATIONSHIPS/MARRIAGES: I: Page 3 Kim Wright/lO.24.01 Pre-Trial Statement/revised 11/15/01/revised 2/5/02 F. PROCEEDINGS INFORMATION: PLAINTIFF: , Kim L. Wright DEFENDANT: , David L. Wright DATE'ACTION COMMENCED: " 11/13/00 DATE OF SERVICE OF COMPLAINT: 11/15/00 MkNNER OF SERVICE OF COMPLAINT: Acceptance of Service by Defendant's Legal Counsel ISSUES RAISED IN DIVORCE COMPLAINT: Divorce (Fault and no-fault); Equitable Distribution; APL; Alimony; Counsel Fees and , Costs DATE OF FILING OF ANSWER AND/OR ANSWER AND N/A COUNTERCLAIM: " ISSUES RAISED IN COUNTERCLAIM: N/A TYPE OTHER PLEAD.ING RAISING ECONOMIC CLAn-IS: N/A DATE OF FILING OF OTHER PLEADING RAISING ECONOMIC N/A CLAIMS , , ISSUES RAISED IN OTHER PLEADING RAISING ECONOMIC N/A CLAIMS: , BIFURCATION AND DATE OF DECREE '. ' N/A PREVIOU:SLY RESOLVED ISSUES N/A Page 4 Kim Wright/10.24.01 Pre-Trial Statement/revised 11/15/01/revised 2/5/02 II. MARITAL ASSETS AND DEBTS: The following is a listing of the marital assets and debts of the parties: NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTIO DISTRIBUT LIABILITY LIABILITY N TO ION TO HUSBAND . WIFE .i ..... .........'......~ ~::",... .""iI' . MOTOR """ ... ",",",,',,',,',,.,,, " .< ...... .. A WIFE' S 1985 " 000 00 ~, Dodge Caravan WIFE' S VEHICLE N/A LOAN NET VALUE . 1, 000 00 1, 000 00 1, 000 00 COMMEIlTS: Vehicle traded in on another car by wife B HUSBAND'S 1989 1, 100 .00 CHEVY 14/2 T PICK U" TRUCK 4X4 HUSBAND f S TBD VEHICLE LOAN NORTHWEST FINANCIAL NET VALUE 1, 100 .00 1, 100 00 1, 100 00 COMMEIlTS: Loan is in joint names. .. dih'CKJ:~G t.Nb!CA;Sll: .. .":'." :,~. .'0' ,,:....,. ...., . .............. .:':';::::::::' .... .2 AGCQUNTS' '..:' >" '" ,~.'.' '. ' ..... A M&T CHECKING 1.:26 01 (204 19) (204 19) (204 19) ACCOUNT (Jt) #3740560556 , , COMMEIlTS: 3 .~,~r,qoo~.PE~s:i:oiif:i,:'i{:ETrR'E'~~m;'.:gy~?:.::\!::W, ..co.,.'......;:::.,.:..........)"....". ...:....:..,..:..;:, :.' 1', eN "_."". ""'A. ".,....--- .' ", .,;:,;:.:, :.' .::;.. .'':''~~':~'';';,,~::~~::':'''' ,"" """. '" . ;":,, ; '""--'.- , . A HUSBAND' S TBD .... TBD DIVIDE BY FORTY SIXTY C}\.RLISLE QDRO ON PERCENT PERCENT PRODUCTIONS '. DEFERRED RETIREMENT . BASIS . COMMEIlTS: Husband's statement indicates a value of $48,~57.08. This value will need to be confirmed from annual benefit statements. Page 5 Kim Wright/10.24.01 Pre-Trial Statement/revised 11/15/01/revised 2/5/02 NO DESCRIPTION OF DATE'OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTIO DISTRIBUT LIABILITY LIABILITY N TO ION TO .' HUSBAND WIFE. B Husband's TED TED TBD TED. Carlisle productions profit sharing plan '.' COMMENTS: wife's attorney will be obtaining statement, if any. c. Husband's TED TED FORTY SIXTY Carlisle PERCENT PERCENT productions . . gain share plan . COMMENTS: Wife's a~ will be obtaining statement, if any. '. . , """,'".",,',",'" ......,~.:.;.,.. ~ "';A""~,, :';."'<.i 4 HOUSEHOLb :f?OonS A HUSBAND'S TED 6,830.00 6,830.00 6,830.00 HOUSEHOLD GOODS COMMENTS: See folJ.owing section for itendzation. B WIFE'S TED 1,680.00 1,680.00 1,680.00 HOUSEHOLD GOODS COMMENTS: See following section for itemization. :.5 . CREP.ITCARDS" ..... .... .>;; .'. . ~; .......,~...;,:... ;,,...;.,..' ,:",:.::.:."".""...",,'" '/" '.. ". A WELLS FARGO 12.27.00 (1,033.34) (1,033.34) (1,033.34) #76551696 , '. . .,... COMMENTS: B SEARS 11;04.01 (949.32) (949.32) (949.32) COMMENTS: C CHASE 5.30.01 (329.38) (329.38) (329.38) #63826635170048 COMMENTS: ...;,;.,............ ".' ....,.;;... ....i.',:.:, 6 OrHERO?BTS'; ....'. ...",.; <i... ". ,.' . ..... ,'.'. A AT&T WIRELESS 11. 04. 00 (225.12) (225.12) (225.12) #2000986423 COMMENTS: B HERSHEY MEDICAL 1.19.01 (189.00) (189.00) (189.00) CENTER #3197683 COMMENTS: Page 6 Kim Wright/10.24.01 Pre-Trial Statement/revised ll/l5/01/revised 2/5/02 NO DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED PROPERTY OR VALUE ASSET OR DISTRIBUTIO DISTRIBUT LIABILITY LIABILITY N TO ION TO HUSBAND WIFE , C YELLOW BREECHES (35.00) (:35.00) (35.00) EMERGENCY SERVICES , COMMENTS: D YiASLAND 11.02.00 (63.50) (63.50) (63.50) ASSOCIATES #26595 COMMENTS: '. 'tOTALS. ";':.'; ."'.'.','" '..,.. ""',,' . "',.;" "'!' ...........,,,...., :::,~'-,/..,:,.. , . ...., < . TOTAL OF ASSETS 7,581.l5 4,901.15 2,680.00 AND LIABILITIES . . Page 7 Kim Wright/l0.24.01 Pre-Trial Statement/revised 11/15/o1/revised 2/5/02 LISTING OF PERSONAL PROPERTY III. The following is a listing of the personal property of the parties: NO. DESCRIPTION POSSESSOR VALUE COMMENTS 1 Computer and Desk Husband $300.00 2 Bed and Night Stand Husband $300.00 3 Overstuffed Chair Husband $50.00 4 Pots Pans Utensils Husband $200.00 Appliances 5 Half of Towels and Linens Husband $0.00 6 Husband's Clothing and Husband -- Mise Personal Items 7 22 Automatic Pistol Husband $250.00 8 22/410 over and under Husband $200.00 Shotgun 9 410 Double Barrel Shotgun Husband $200.00 10 12 Gauge Mossburg Pump Husband $380.00 Shotgun 11 Model Car Collection Husband $3,000.00 12 Golf Cart Husband $1,200.00 Sold by Husband post separation 13 Dining Room Table and Husband $200.00 Gift to both Chairs husband and wife from husband's grandmother while living in apartment; Husband claims this asset is non-marital 14 Two End Tables Husband $100.00 Purchased by husband in 1998 When wife was in hospital for 3.5 months. Husband claims this asset is non- marital 15 2 Lamps Husband $50.00 Purchased by husband in 1998 When wife was in Page 8 Kim Wright/10.24.01 Pre-Trial Statement/revised 11/15/01/revised 2/5/02 .NO. DESCRIPTION POSSESSOR VALUE COMMENTS . . '.' . hospital for 3.5 months. Husband claims this asset is non- marital 16 Pots Pans Dishes Etc Husband $100.00 Purchased by husband in 1998 When wife was in hospital for 3.5 months. Husband claims this asset is non- marital SUBTOTAL FOR HUSBAND $6,530.00 ,,>~.<.'i '\\.:............,.'':E>.... ..:\..,~ ':"':,;c: ..:....,.. ..; :.'.., 17 Dresser Wife $100.00 18 Couch and Love Seat Wife $100.00 19 Entertainment Center Wife $180.00 20 32" TV and VCR Wife $300.00 21 Stereo and Speakers Wife $500.00 22 Coffee Table Wife $50.00 23 Bed, Dresser and Dresser Wife $100.00 with Mirror 24 2nd TV and Stereo in Wife $50.00 Daughter's Room 25 l.ndian Collection Wife $300.00 26 Seasonal Decorations Wife $0.00 27 Half of Towels and other Wife $0.00 linens 28 Wife's Clothing and Wife - - Personal Effects SUBTOTAL FOR WIFE $1,680.00 Page 9 Kim Wright/lO.24.01 Pre-Trial Statement/revised 11/15/0l/revised 2/5/02 IV. MARITAL DEBTS The following is information pertaining to the parties' marital debts: See Section II for Listing Page 10 Kim Wright/10.24.01 Pre-Trial Statement/revised 11/15/01/revised 2/5/02 v. PENSIONS AND RETIREMENT BENEFITS The following is a listing of the pensions and retirement plans of the parties: PA:RTY" . ,,' . . ;J5,#~:sRiii.i#5il .' ''''''.".". W'[:. . ....'?iCOMMENTS:.......... .' ....... .,...... .....: .. ... .. ,..,..,'. Husband Carlisle Productions TBD Husband' s Retirement Plan stat,ement indicates a value of $48 , 167 . 08 This value will need to be confirmed from annual benefit statements This account is to be distributed on a deferred basis by QDRO. Husband Carlisle productions Gain TBD TBD Share Plan Husband Carlisle productions TBD TBD Profit Sharing Plan Page 11 Kim Wright/!0.24.01 Pre-Trial Statement/revised 11/15/01/revised 2/5/02 VI. NON-MARITAL ASSETS AND DEBTS The following is a listing of the non-marital assets and debts of the parties: 1 Remington 12 Gauge Husband Pump Shotgun 2 22 Bolt Action Husband 3 22 Revolver 9 shot Husband 4 BB Crossman Husband 5 30/30 Winchester Husband 6 16 Double Barrel Husband 7 3870 Automatic pistol Husband 8 Husband BB Crossman ..- .."....." ,. , .";.""",,,,,.,,,....,...,........... ~;Ij';~!~!%i00:::}::::': ,'" :V..":...',,-," C'" ". ':", ,.':,;...."'{,?:',:,:~."'~'li-';..::........ -"-"<""""."..."\",,..,... Husband $300.00 Husband $200.00 Husband $250.00 Husband $50.00 Husband $350.00 Husband $150.00 Husband $350.00 Husband $50.00 Page 12 . .. c. ji',L>'Bll'Sis.:FQR .... ""c,"'Ai;jXCi.USION,f.COM . ...'M.EN'I'..S . Husband's Father's Husband's Father's Husband's Father's Husband's Father's Husband's Prior to Marriage Husband's Prior to Marriage Husband's Prior to Marriage Husband's Prior to Marriage Kim Wright/10.24.01 Pre-Trial Statement/revised 11/15/01/revised 2/5/02 INCOME AND EXPENSES VII. The following is a listing of the incomes and expenses of the parties: TBD NET INCOME PER TBD MONTHLY EXPENSES TBD GROSS INCOME PER COMMENTS. GROSS~ INCOME PER MONTH $1,449.00 NET INCOME PER MONTH TBD MONTHLY EXPENSES $1,383.00 M/L COMMENTS: Wife is disabled and unemployed. Her sole source of income is the support paid by Husband. Page 13 Kim Wright/10.24.0l Pre-Trial Statement/revised 11/l5/01/revised 2/5/02 VIII. COUNSEL FEES The following is a listing of the Counsel fees and expenses incurred by the filing party if a claim has been made for Counsel Fees and Costs: :fJ!i;$c~+.%iip~ ' DATES SERVICES WERE RENDERED HOURLY RATE ,.'15~1:.~~;':"I~i~~~~~ :€~RG:FiS 8/22/01 to present $175.00 Per Hour COSTS Actual Cost ANTICIPATED FEES AND COSTS Hourly rate for estimated 10 hours and actual cost for any pending appraisals ITEMIZATION OF SERVICES RENDERED Itemized statements will be provided to opposing counsel prior to the hearing to be held in this case, if relevant Page 14 Kim Wright/10.24.01 Pre-Trial Statement/revised 11/15/01/revised 2/5/02 IX. EXPERT WITNESSES The following is a listing of the anticipated experts who will be called to testify in this case: 'iI:iIAMEl I<:#PORTTO " .'.BEi ",'SUl?l?,LIED To Be Supplied as Soon as Available Any Expert Report shall describe witness qualifications and experience and state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds of each opinion. None Known at This Time** To Be Determined None Available at This Time **Additional experts who may be called to testify are not known at this time. There is a reservation of the right to call additional eA~ert witnesses upon proper notification to the other party once those expert witnesses are identified and retained. Page 15 Kim Wright/lO.24.01 Pre-Trial Statement/revised 11/lS/Ol/revised 2/5/02 x. OTHER WITNESSES The following is a listing of the anticipated witnesses other than experts who will be called to testify in this case: ." ,..," !NAME Kim L. Wright** History of the marriage; Identification and valuation of marital assets and debts; Other relevant testimony relating to the factors set forth in the Divorce Code. **Additional witnesses who may be called to testify are not known at this time. There is a reservation of the right to call additional witnesses upon proper notification to the other party once those witnesses are identified and agree to testify. Page 16 Kim Wright/10.24.01 Pre-Trial Statement/revised 11/15/01/revised 2/5/02 XI. PROPOSED RESOLUTION A. EOUITABLE DISTRIBUTION: The narties' marital assets and debts should be divided and distributed in accordance with the schedule set forth in Section II of this Pre-Trial Statement. B. ALIMONY/ALIMONY PENDENTE LITE: Husband shall pay wife alimony indefinitely at the rate of $1,500.00 per month plus pay for the cost of Cobra insurance coverage for her. c. COUNSEL FEES AND COSTS: Husband shall pay wife $5,000.00 for her counsel fees and costs. Page 17 Kim Wright/10.24.01 Pre-Trial Statement/revised 11/1S/01/revised 215/02 XII. PROPOSED EXHIBITS The following is a listing the proposed exhibits to be submitted at the hearing in this case. There is a reservation of the right to submit additional exhibits upon proper notification to the other party. All Exhibits have previously been supplied to the other party unless other wise indicated. NO. ';:'P'REVIqUS'LX ,!':+,+:'SUJ?::i?tJ..':ii:tl'"'> ....."..,,,.,,.,,.............,,.,,.,, .. " - ~'"' ',' ,,' " ' , ".,^,' , , ' ,-" .. ",",,:".- TO BE ,"r,.,g~P:P~t;:tt1:i:l.. 1 Wife's Income and Expense Statement 2000 Federal and State Income Tax Returns x 2 x 3 wife's Counsel Fees Bills x 4 Husband's Pension Documents x 5 Husband's Profit Sharing Plan Documents x 6 Husband's Gain Share Plan Documents x 7 Wife's Listing and Valuation of Personal Property x Page 18 Kim Wright/10.24.01 Pre-Trial Statement/revised 11/15/01/revised 2/5/02 AND NOW, this CERTIFICATE OF SERVICE ~ day of 2002, I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that I ha day served a copy of the within Pre-Trial Statement, by mailing same by first class mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 CLIFF, dIe Road , PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Page 19 ~""r',' Kim wright/ 10.24.01. Motion Appt. Master . plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM L. WRIGHT, v NO. 2000-7982 DAVID L. WRIGHT, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER FOR APPOINTMENT OF MASTER AND NOW, this r:2f2 ~ay of !JL(i~, 2001, upon consideration of the within Motion of Diane G. Radcliff, Esquire, Attorney for the Plaintiff, IT IS HEREBY ORDERED that E. Robert Elicker. II. Esauire, is appointed Master with respect to the following claims: [ ] Divorce [ ] Annulment [ ] Alimony [ ] Alimony Pendente Lite [ ] Distribution of Property [ ] Support [ ] Counsel Fees [ ] Costs and Expenses BY THE COURT: ~=E [~1YIo3J mJ ~~ J(J-!l9'o/ ~ K~ - 1 - ~ .., ,~ .", ," ~. .. , !Ii ",:.~ ;181,... ...- 1~1~~~l>lli,kl~i~MW.ll-~1\~;ii"J_.,"'J!:\.ih'__~~lIlill' "111 "~'~"f -:;'l"-"~'~-~:lll!lIilIilt___ -~,"" -, _ ~~"_'_ ~ M~'~' O',',^, , .~,~,,_ "_~ ~,_ ~~_.", ~_" ~,e (v: ~.,' FILFO.,-DFFiCF " ; ":-:(yn..y\'\,,\;~\,T'U,)Y ,," ',.I: '. JiMf1 01 OCT?6 Pi'l2: 19 CUiv!6t:Ru,ND COUNTY PENNSYLVANiA '-1 '" '., "I' !l: Kim Wright/ 10.24.01. Motion Appt. Master KIM L. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-7982 CIVIL ACTION - LAW IN DIVORCE v DAVID L. WRIGHT, Defendant MOTION FOR APPOINTMENT OF MASTER Kim L. Wright, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ ] Divorce [ ] Distribution of Property [ 1 Annulment [ ] Support [Xl Alimony [Xl Counsel Fees [ 1 Alimony Pendente Lite [Xl Costs and Expenses In support of the Motion the plaintiff states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The Defendant [X] has [ 1 has not appeared in the action [ 1 personally [X] by his attorney, Robert O'Brien, Esquire. 3. The statutory ground for the divorce is: 3301(c) No-Fault. 4. Check the applicable paragraphs: [] The action is not contested. [] An agreement has been reached with respect to the following claims: [xl The action is contested with respect to the following claims: All Claims 5. The hearing is expected to take one day. 6. Additional information, if any, relevant to the motion: None. ( - 2 - ;'~ ",0'. - ~ , Kim Wright/ 10.24.01. Motion Appt. Master . CERTIFICATE OF SERVICE AND NOW, this Day of , 20Ql, I, Diane G. Radcliff, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing document upon the following named person, by mailing the same by first class mail, postage prepaid, addressed as follows: Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 - 3 - ,,' ,. - ,. ~, '-' -, -. ~, -~ i ~ Ii ~ ~ i ,. II I , , i fi Ii d :'( , i II i! ,', i-! t( f, 11 !j I, I ~~ rl O~ _I!lI!Il!Wll~~.ll ". ~ - .~ - ,,< ~ " - () r,~ ~~ "nee T1lnl ~:Ji <,t.. (I)--~ ;:$;;;' $:'( ~E5 C ..?: :;:i S"? :::> ,<:) CJ o "7, a " '-J j......l v\ ,..! :7,'1 -'-~' j'.,-, -~~..., ~--..-.- :J/~: ,:Tr --?;~ () ~1i-n -< ~ ~ l'-"!!~ I """"""~~!"w"'^;m'W'Hllll'a~'!'I",-}!,'~ml"~r'-Wi!W!"mirmSOJt,N\m;i~!~li!l'1M~~\.,,,,~ ,. ,...,,,""":"