HomeMy WebLinkAbout00-08193
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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PENNA.
STATE OF
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DAWN NELSOO
PLAINTIFF
No. 00-8193- CIVIL TERM
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VERSUS
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EUGENE J. NELSON; JR.
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DEFENDANT
DECREE IN
DIVORCE
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;}..of) 3 , IT IS ORDERED AND
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AND NOW,
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DAWN NELSOO
DECREED THAT
, PLAINTIFF,
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EUGENE J. NELSClIl, JR.
, DEFENDANT,
AND
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ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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;
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PROPERTY DISTRIBUTIOO PURSUANT TO THE STIPULATIOO AI\lD AGREEMENT SIGNED
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PROTHONOTARY
BEFORE THE DIVORCE MASTER ON MAY 20,
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DAWN NELSON,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
v.
NO. 00-8193 CIVIL TERM
EUGENE J. NELSON, JR.,
DEFENDANT
IN DIVORCE
PRAIU,TPF. TO TRANSMIT RF.CnRn
TO THE PROTHONOTARY:
Transmit the TecoTd, together with the following infonnation, to the Court for entry of a
divoTce decTee:
1. Grounds for divorce: irretrievable breakdown undeT ~3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: April 7, 2001, by Constable Richard C. Spitz
(ID# B001SI7), personally deliveTed to the Defendant at 241S Country Line Road, York
Springs, P A 17372. An Affidavit of Service was filed in this docket on May 2, 2003 signed
by Constable Spitz.
3. Date of execution of the affidavit of consent requiTed by ~ 3301(c) of the Divorce
Code: by the plaintiff on May 20,2003; by the defendant on May 20, 2003.
4. Related claims pending: Property Distribution. The parties have agreed to distribute
marital property in accordance with the Stipulation and Agreement signed before Master
Elicker on May 20, 2003. The parties intend that the Court will incorpoTate but not merge
the Agreement into a Decree of Divorce. Please transmit the Agreement to the Court for
this purpose.
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5. Date plaintiff's Waiver of Notice in g3301(c) DivoTce was filed with the Prothonotary:
May 20,2003. Date defendant's Waiver of Notice in g3301(c) DivoTce was filed
with the Prothonotary: May 20, 2003.
SMIGEL, ANDERSON & SACKS
Date: j~ 7, '200.3
4431 North Front Street
Harrisburg, PA 17110-1709
(717) 234-2401
Attorneys fOT Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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NO. ()1), J 1.'1:3 CIVIL TERM
DAWN NELSON,
PLAINTIFF
IN DNORCE
EUGENE J. NELSON, JR.,
DEFENDANT
COMPLAINT IN DNORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set
forth in the fullowing 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
annuhnent 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 OT otheT Tights important to you,
including custody or visitation of your children.
When the ground fur the divorce is indignities or irretrievable breakdown
of the marriage, you may Tequest marriage counseling. A list of marriage
counselors is available in the Office of the Prothonotary at the Cumberland
County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION OF
PROPERTY, LAWYER'S FEES OR tXPENSES BEFORE A DNORCE
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 Ass~ciation
Lawyer Referral Service
2 Liberty Avenue, Carlisle, PA 17013
Telephone:717.249.3166
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAWN NELSON,
PLAINTIFF
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IN DIVORCE
NO. 01J -8/93 CIVIL TERM
v.
EUGENE J. NELSON, JR.,
DEFENDANT
COMPLAINT IN DIVORCE
UNDER SECTION 3301(a), SECTION 3301(c) AND SECTION 3301(d)
OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Dawn Nelson, by and through her attorney,
Richard C. Gaffuey, Esquire, who files this Complaint undeT Section 3301(a), Section
3301(c) and Section 3301(d) of the Divorce Code, and who, in support thereo~
respectfully repTesents that:
I. The Plaintiff is Dawn Nelson, who pTesently resides at 63 Red Tank Road,
Boiling Springs, Cumberland County, Pennsylvania 17007 since 1986.
2. The Defendant is Eugene J. Nelson, whose residence is unknown.
Defendant's last known residence was 63 Red Tank Road, Boiling Springs,
CumbeTland County, Pennsylvania 17007, where he resided since 1986.
3. Plaintiffand Defendant are sui iuris and both have been bona fide residents of
the Commonwealth for a period of more than six months immediately
pTeceding the filing of this Complaint.
4. The Plaintiff and Defendant were married in Dauphin County, Pennsylvania
on September 22, 1984.
5. The parties to this action separated on or around September 16,2000 and have
continued to live separate and apart since then.
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6. There have been no prior actions of divorce OT for annulment between the
parties.
7. The marriage is irretrievably broken.
8. The Plaintiffhas been advised that counseling is available and that the
Plaintiff may have the right to request that the court require the parties to
participate in counseling.
9. Neither the Plaintiff nor the Defendant is in the military or naval service or in
any branch of the armed forces of the United States of America or its allies OT
is otherwise within the provisions of the Soldiers' and SailOTS' Civil Relief
Act of Congress of 1940 and its amendments.
Count!
Divorce Under Section 3301(c) or Section 3301(d) ofthe Divorce Code
10. The Plaintiff Testates as if fully rewritten the avennents contained in
paragraphs one tbrough nine hereinabove.
11. The Plaintiff requests the court to enter a decree of divorce under Section
3301(c) ofthe Divorce Code.
12. In the alternative, the Plaintiff requests the court to enter a decree of divorce
action under Section 3301(d) of the Divorce Code.
Count n
Divorce Under Section 3301(a) of the Divorce Code
13. The Plaintiff restates as if fully rewritten the averments contained in
paragraphs one tbrough twelve hereinabove.
14. The Defendant committed willful and malicious desertion and absence from
the habitation ofthe injured and innocent spouse, without reasonable cause.
15. The Defendant committed adultery.
16. The Defendant offered such indignities to the innocent and injured spouse as
to render that spouse's condition intolerable and life burdensome.
17. The Plaintiff is the innocent and injured spouse.
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18. The Plaintiff requests the court to enter a decree of divorce under Section
3301(a)(I) of the Divorce Code, or in the ahernative, under Section
3301(a)(2) of the DivoTce Code, or in the alternative, under Section
3301(a)(6) of the Divorce Code.
Countm
Equitable Distribution
19. The Plaintiff restates as if fully rewritten the averments contained in
paragraphs one through eighteen hereinabove.
20. Plaintiff and Defendant have legally and beneficially acquired property, both
real and personal, during their marriage from September 22, 1984, until
SeptembeT 16,2000, the date oftheir separation, all of which property is
"marital property."
21. Plaintiff and/or Defendant have acquired, priOT to the marriage or subsequent
thereto, "non-marital property" which has increased in value since the date of
the marriage and/oT subsequent to its acquisition during the marriage, which
incTease in value is "marital property" as that term is used and defined in the
Pennsylvania Divorce Code, 23 Pa.C.S. ~ 3101 et seq.
22. Plaintiff and Defendant have been unable to agree as to an equitable division
of said property to the date of the filing of this Complaint.
23. Plaintiff requests the court to equitably divide all marital property and to
enjoin it from being removed, disposed of, alienated, sold, or otherwise
encumbered pending final hearing and settlement of all claims.
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WHEREFORE, Plaintiff respectfully prays this Honorable Court to order the
equitable distribution of the parties' marital property, to enjoin the parties from removing,
disposing of, alienating, selling or otherwise encumbering the marital property, and
if both parties file affidavits consenting to the divorce after ninety (90) days have elapsed
from the date of :filing and service of this complaint, Plaintiff respectfully requests this
HonoTable Court to enter a decree of divorce pursuant to 23 P.S. Section 3301(a),
3301(c), or 3301(d).
Respectfully submitted,
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hard t. Gaffi1e q . e
Supreme Court I.D. No. 63313
LAW OFFICES OF RICHARD C. GAFFNEY
2120 Market Street
Suite 101
Camp Hill, PA 17011
Telephone: 717.975.9033
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
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DAWN NELSON,
PLAINTIFF
NO. CIVIL TERM
IN DIVORCE
EUGENE J. NELSON, JR.,
DEFENDANT
VERIFICATION
I verny that the statements made in the foregoing complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pac Cons.
Stat. Ann. Section 4904, relating to unsworn falsification to authorities.
Date 11/9/&0
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Dawn Nelson, Plaintiff
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00 - '6/93
NO. CIVIL TERM
DAWN NELSON,
PLAINTIFF
IN DIVORCE
EUGENE J. NELSON, JR.,
DEFENDANT
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on
~O\J. 2.0. ,2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date offiJing and service ofthe Complaint.
3. I consent to the entry ofa final decree of divorce after service of notice of intention to
request entry of the decree.
I verny that the statements made in this affidavit are true and correct. I understand that
fulse statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn fulsification to authorities.
Date:
S jatJ)tJ 3
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Dawn Nelson, Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: COUNTY, PENNSYLVANIA
: NO. 00-8193
: CIVIL ACTION - LAW
Dawn Nelson,
Plaintiff
Eugene Nelson,
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed
on November 20, 2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of the filing ofthe Complaint.
3. I consent to the entry of the final Decree in Divorce after service of
Notice of Intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE
STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18
Pa.C.S. ~4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
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66 - 6' /93
NO. CIVIL TERM
DAWN NELSON,
PLAINTIFF
IN DIVORCE
EUGENE J. NELSON, JR.,
DEFENDANT
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorc~ 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 undeTstand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 Telating to
unsworn fulsmcation to authorities.
Date:
cleo;0 3
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Dawn Nelson, Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: COUNTY, PENNSYLVANIA
: NO. 00-8193
: CIVIL ACTION - LAW
: IN DIVORCE
Dawn Nelson,
Plaintiff
Eugene Nelson,
Defendant
WAIVER OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~ 3301~ OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is
granted.
3. I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the decree will be sent to me immediately
after it is filed with the Prothonotary.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE
STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18
Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
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DAWN NELSON
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
VS.
NO. 00 - 8193
CIVIL
19
, EUGENE NELSON, JR.
IN DIVORCE
Defendant
STATUS SHEET
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DAWN NELSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 ' 8193 CIVIL
EUGENE J. NELSON, JR.
Defendant
IN DIVORCE
TO: Richard C. Gaffney
Attorney for Plaintiff
Lindsay D. Baird Attorney for Defendant
DATE: Wednesday, March 21, 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.
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(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
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DAWN NELSON
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
EUGENE NELSON, SR.
: NO.
00-8193
: IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Dawn Nelson
RichaTd C. Gaffney
, Plaintiff
, Counsel fOT Plaintiff
Eugene Nelson, Sr.
Robert 1. Mulderig
, Defendant
, Counsel for Defendant
You are directed to appear for a hearing to take testimony on the outstanding
issues in the above captioned divorce proceedings at the Office ofthe Divorce Master, 9
North Hanover Street, Carlisle, Pennsylvania, on the 20th day of
May 2003 at 9:00 a.m., at which place
and time you will be given the opportunity to pTesent witnesses and exhibits in support
ofyoUT case.
By the Court,
Date of OrdeT and
Notice: 2/14/03
By:
DivoTce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE, CARLISLE, P A 17013
TELEPHONE (717) 249-3166
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. THE LAW OFFICES OF .
RICHARD C. GAFFNEY
May 28, 2002
Office of the Divorce Master
Cwnberland County
Mr. Robert Elicker, Esquire
I3 North Hanover Street
Carlisle, PA 17013
RE: Dawn Nelson v. Eugene J. Nelson, Jr.
Docket No. 00-8193 Civil- In Divorce
Dear Master Elicker:
Attorney Robert Mulderig and I are in agreement that your assistance and intervention are required in a
matter pertaining to the sale of the real property currently owned as tenants by the entiTeties by the litigants in
the above-captioned matter. Pursuant to your Order, the parties listed their real property for sale with Roget
Persik of George L. Ebner and Associates Realtors. The property has been placed under an Agreement for Sale,
and a closing date of June 14, 2002 has been scheduled. The buyer's home inspection identified several items,
that are in need of TepaiT. Enclosed for your reference is correspondence received from Roger Persik concerning
these repairs. Mr. Persik estimates that the total cost of all the repairs would be less than $6,000.00.
While Ms. Nelson and I have consented to having these repairs made (or, in the alternative, having a
deduction from the purchase price credited to the buyers), Mr. Nelson continues to refuse to sign off on the
necessary repaiTs. His refusal has placed this transaction in serious jeopardy and we fear that the sale of the
home may fall through. His refusal is, in our opinion, unreasonable, dilatory and vexatious. Attorney Mulderig
has indicated his willingness to assist us in obtaining an appropriate Order on his Client and has informed us that
his Client is unmanageable and unwilling to follow his legal advice. AccoTdingly, we have no choice but to
request that the Court issue an Order on Mr. Nelson requiring him to approve the necessary repairs, so that the
property can be transferred to the buyers at closing on June 14, 2002.
This letter also serves as confirmation of the teleconference scheduled for Friday, May 31, 2002 at 1 :30
p.m. between you, Attorney Mulderig, and myself.
Thank you for your attention and consideration in this matter. I look forward to speaking with you later
this week.
Very truly yours,
Law Offices of Richard C Gaffney
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Richard C. Gaffney, MEA, Esquire
Enclosures
CC: Dawn Nelson
Robert Mulderig, EsquiTe
2120 MARKET STREET. SUITE 101 . CAMP HILL, PENNSYLVANIA 17011
TELEPHONE' 717,975,9033 . FACSIMILE: 717,975,9034. INTERNET: WWW.RCGLAW,COM
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plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAWN NELSON,
VS.
CIVIL ACTION - LAW
NO. 00 - 8193 CIVIL
EUGENE NELSON, SR.,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND PARTIES
TO: Richard C. Gaffney
Dawn Nelson
, Counsel for Plaintiff
, Plaintiff
Robert J. Mulderig
Eugene Nelson Sr.
, 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 February 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: 1/13/03
E. Robert Elicker, II
Divorce Master
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GEORGE L. EBENER & ASSOClt'JES
REALTORS
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Flesldon1lal, CGIM"'IC/aI & F._
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139 WoOl Hlgn,Stroel. camlle. PA 17013.2991
Photlo (7l?l 243.6195 . Fox (717) 245-0699
May 24,2002
TO: Jackie Vemey(Buyer's Attorney)
Robert Mulderig
Richard C. Gaffuey
RB; 63 Red Tank Road, Boiling Springs, PA 17007
Ladies and Gentleman;
I need your direction and advice as to bow to resolve the open issues and finalize the sale
of the above property.
Things have reacl1ed a very critical point 'Ibe MerliDa(s) (Buyers) home is UIIder
contrad with settlement to occur on Friday, J1Ulc 14, 2002 at 1 :00 PM "Their home is
sold exceDt for the finallransfer of tile deed". The settlement of the Nelson property
(SeDc:rs) is to occur on Friday, June 14,2002 at 3:00 PM
There are sevel1l1 open issues with regard to repairs to be prefonned at the Red Tank
property and only Richard C. Gaffney (Attorney for Dawn Nelson) and Dawn Nelson
have given their approval to proceed with the repair.;. I need the approval of Mr. Nelson
nnd or his Attorney to proceed Of an alternative. I am at a loss to understand why this
tmnsactioD ClIIII10t be brought to a successful settlement
I wiD await your respective suggestions on a course of action or any legal advice you may
suggest in order to bring this matter to a conclusion.
Sincerely,
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YAY- ~~-L~~L!r.1~) :~:j~ ~E~R~E l E~E~~R & A~j~rIAi~~
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EXPRESS FAX
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From: Roger J. Persik @ George L Ebener" AssociatC!llRea!tnrs
Fax #: 717 24S-M99
PhoneN 717243-6195 (cxt.185)
Messllge: 7&hUtI ./0 hi/er- t //(}Wlvt(:/~ tUvOA.-.
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1. Urgent you reply at once
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2. Reply Required
5. No Reply Needed
3. Please contact me for further details
6.
ROGER J. PERSlK
@
GEORGE L. EBENERAND ASSOCIATES/REALTORs
139 WEST HIGH STREET
CARLISLE, PA 17013
FAX# 717 245-0699 pnONE 1# 717 243-6195 (Ext. 285)
E-mail-RPERSIK@AOL.COM
Tot:l! l'nges Being Sent Including This Page 2-
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EDT Certification # Pa-68
Asm Member # 202738
South Central Pa. Home Inspection Company Inc.
74 Derbyshire Drive Carlisle, Pa. 17013
Phone.717-258-5353 Fax. 717-258-5353
E-Mail: tamsley@pa.net
Date: 5/8/02
Client: Geroge L. Ebener Assocs. (C/O Vonnie Baer)
InspectionlTest Address: 63 RedTank Road
Boiling Springs, Pac 17007
Whole House Home Inspection
EIFS Inspection and Comprehensive Report
Radon screening
Tennite Inspection
Water quality analysis:
Full FHA Analysis group
Total colifonn (Bacteria)
Fee $
Fee: $
Fee: $ 125.00
Fee $
Fee: $
Fee $ 55.00
Minimum Insoection Fee: $100.00
PaYment due UDOn recP.iDf."
Total Fee: $ 180.00
Thank Yau very much for your patronage
Services Offered
Whole House Home Inspection
EIFS Moisture Testing
Radon Screening
Water Analysis
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REALTORS
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DATE: 05/)..J,/WO;"'-
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FAX: 'Sl.G. @"91S"-40.3'f PHONE:
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FAX: (717) 245-0699 PHONE: (717) 24~f)5
SUBJECT: t3 Krn lANK koo,; - ~pal'r-q..ks.~O'>'I ~~, oS
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George L Ebener & Associates
139 West High Street
Carlisle, PA 17013
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,~~~;I F~ANKLIN ANALYTICAL INC.
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s~(' Order#: FAI050602-005
77 HORST AVE.
CHAMBERSBURG, PA 17201
PHONE (717) 263-9970 FAX (717) 263-9946
ANALYTICAL REPORT
Tuesday, May 07, 2002
Page 1 ofl
For: South Central P A Home Inspection Oient:
74 DerbyshiTe Drive
Carlisle PA 17013
Type Sample: Drinking Water
Collector: Teny AInsley
Site:
Date Sampled:
Date Received:
Date Completed:
Discard Date:
5/6/2002 9:00:00 AM
5/6/2002
5/7/2002
5/8/2002
FAI050602-005 OlA
Grab
Parameter Result
63 Red Tank Road
Sample Date: 5/6/2002 Sample Time: 9:00
Units PQL Test Date Test Time Method
Analyst
E.Coli
Absent col/l00ml
5/6/2002 13:10 SM9223B
SS
Total Coliform Absent col/100ml 5/6/2002 13:10 SM9223B SS
This analysis indicates that the sample as received does not exceed the drinking water limit established by the
USEP A and is considered bacteriolOgically potable. The limit is defined as not to exceed a value of 0
coliform/IOOmL.
Results are reported on an "as received" basis.
Respectfully Submitted
Franklin Analytical
=~'-po- 0_=1. ~
Suzanne F. Shaeffer
Laboratory Director
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THE KEY TO OUR BOTTOM LINE IS PROFESSIONAL ACCURACY.
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professional
pest contro, Inc.
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200 S. Spring Garden Street, Carlisle, PA 17013
Carlisle (717) 249-6667 . Mechanicsburg (717) 697-8815
PROFESS/ONAL APPLlOATORS & CONSULTANTS
May 13, 2002
FAX
To: Vonnie/Rodger
Re ; Inspection at 63 Red Tank Road
Carlisle, Pa.
Our Inspeetion preformed Tuesday May 7"', showed moderate to heavy infestation of
active Powder Post Beedes located throughout the understrueture of the home. ]n addition
a small area of what appears to be inactive termite damage was also loeated by the old
edlar steps. Treatment will be required. Our treatment which will consist of treatment of
all exposed wooded members, support post, and joists wiD cost $ 1,116.00 (plus 66.96 state
tax). .
Please advise if you wish us to proceed............
~ou,
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Accredited Wood Destroying Inseet Inspector
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74 Derbyshire Drive Carlisle, Pa. 17013
Phone. 717-258-5353 Fax. 717-258-5353
E-Mail: tamsley@pa.net
RADON TEST REPORT
(pA. ill # 1846)
Client: GeorQe L. Ebener and AssQCS, (C/O Vonnie Baer)
Address of Radon Test: 63 Red Tank Road
Boiling Springs, Pa. 17007
Listed below aTe the Tesults of your recent Radon Test. These results are for the measurements
taken FROM: 5/6/02 9:00 AM to 5/8/02 9:00 AM using a RADON
MONITOR Methodology. The test average below is valid only if closed-house conditions weTe
maintained during the exposure period.
Name and DEP certification number OfteSteT placing and retrieving.
Terry D. Amsley Pa. Radon Certification ID. # 1846
The values given below are in units of pi co Curies per Liter (PCiIL) ofRadon-222.
RADON MONITOR
Serial Number
1515026 (BPA) =
Radon (pCiIL)
RADON MONITOR Location
I" Floor
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oCiIL
(Overall) Average Resnlt = J, I PCIIL
Since all homes have some level of Radon Gas, the following is provided as a frame of Teference to
help you understand the results of your test:
L A reported result ofless than 4.0 pCi/L is below the present maximum recommended
levels by State and U.S. Federal Authorities and follow-up measurements are pTobably
not needed.
2. A result of greater than 4.0 pCiJI is above the present recommended level and the
attachment, "futerpretation of Screening Measurements," will pTovide you with the
follow-up action plan.
Our Radon Measurement Company cannot accept responsibility for financial or health
consequences of subsequent action or inaction by the client or its representatives based upon the
above results. This Radon test only provides the results for the period covered during the
measurement.
If you have any question, please do not hesitate to contact our Radon Specialist at the above
address.
Thank you for allowing us to be of service to you.
NOTICE TO CLIENTS
The Radon Certification Act requires that anyone who provides any radon-related service OT
pToduct to the general public must be certified by the Pennsylvania Department of Environmental
Protection. You are entitled to evidence of certification from any person who pTovides such
services OT products. Y OUT are also entitled to a price list for services OT products offered. AIl
radon measurement data wiIl be sent to the Department as required in the Act and wiIl be kept
confidential. If you have any questions, comments foT complaints concerning peTsons who provide
radon-related services, please contact the Department at the Bureau of Radiation Protection,
Department of Environmental Protection, P.O.Box 8469, Harrisburg,Pa 17105-8469,(717)783-
3594 or (800) 237-2366
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0.3 0.6
0.6 T 0.3 T
0.3 T 0.6 T
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1.0
0.6
0.6
~3.. 3 <3.6 0.0
1.0 1.6 1.3
1.0 2.6 0.6
1. IiI T 1.[1 1.6
1.3 T 0.6 T 1.3
0.6 T 1.0 T L~3
T 0.6 1.6 ~3. is
T 0.6 1.0 T 2.E.
0.6 1.3 1..3
1.6 2.6 2..3
0.6 2.6 T 2.0
T 2..6 0.6 I.E.
Ov..rall Av~.= 1.1
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74Jler.hys,hire Drive Carlisle Pa. 17013
------ Pone 717-258:-5353 Fax 717-258-5360
Radon Testing in Progress
NDmONS
US EPA GUIDELINES FOR RADON TESTING
TIlE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) HAS ESTABLISHED
PROTOCOLS WHICH MUST BE FOLLOWE ON MEASUREMENT. TIlESE
STANDARDS MUST BE FOLWWED TO ACmEVE RELIABLE TES TS.
"CLOSED HOUSE CONDmON"
ONE STRICTLY ENFORCED NT IS TIIAT OF " OUSE CONDITIONS." TIllS
IMPORTANT PART OF TIlE TEST IS NECE QUALIFY TIlE POTENTIAL HEALTH RISK TO TIlE
OCCUPANTS. VIOLATION MAY CAUSE FLUCTUATIONS IN THE MEASUREMENT WHICH MAY
RESULT IN AN INV ALl>> TEST.
COMPLY WITH CWSED HOUSE CONDmONS AS FOLLOWS:
ALL EXTERNAL DOORS AND WINDOWS MUST BE CLOSED 12 HOURS PRIOR TO, AND ALL
DURING TIlE PERFORMANCE OF TIlE RADON TEST. DOORS CAN ONLY BE OPENED FOR A
FEW MINUTES AT A TIME TO ENTER AND LEAVE PREMISES.
ELECTRIC ATI1C OR WHOLE HOUSE FANS, FIREPLACES, ELECfROSTATIC PRECIPATORS
WINDOW AIR CONDITIONERS (UNLESS TIlE SYSTEM HAS TIlE CAPABILITY OF INDOOR-AIR
CIRCULATION), AND OTIlER EX'IERNAL-INTERNAL AIR EXCHANGE SYSTEMS (OTHER TIIAN
A FURNACE), SHOULD NOT BE OPERATED DURING TIlE 12 HOURS PRIOR TO TESTING OR
DURING TIlE TESTING PERIOD.
IT IS NECESSARY TIIAT TIlE ABOVE CLOSED HOUSE CONDITIONS BE MET AS CLOSELY AS CAN BE
REASONABLY EXPEClED.
ANTI-TAMPERING PROCEDURES
EPA GUIDELINES RECOMMENDED TIIAT MEASUREMENT COMPANIES MAKE A CONSCIENTIOUS
EFFORT TO DETECT ANY ATTEMPT BY TIlE OCCUPANT OR ANYONE ELSE TO ALTER A RADON
MEASUREMENT WHICH MADE FOR REAL ESTATE PURPOSES.
IF YOU HAVE ANY QUESTIONS REGARDING TIlESE IMPORTANT HOUSE CONDITIONS, CONTACT
YOUR RADON MEASUREMENT COMPANY!
I AGREE TO TIlE AFOREMENTIONED CONDITIONS.
CLIENT'SIHOME~ ~
SIGNATURE: . "- '----,
A SIGNED NON-INTERFERENCE AGREEMENT
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'lNTERPRETA nON OF SCREENING MEASUREMENTS
After the initial screening measurement has been taken, follow-up action should be taken in accordance with
the following recommendations:
Screening Measurement Recommendation
Radon Levels
p/CiIL WL
You have a Telatively low probability of
avoidable health risk.
Follow-up measurements are probably not needed,
but may be made at your discretion.
0-4 0-0.02
4-10 0,02-0.05
You should perfonn long-tenn measurements as soon
as pTactical.
10-100 0.05-0.50
You should perform short-term follow-up measurements
as soon as possible.
Above 100 Above 0.50
You should perfonn short-term follow-up measurements
promptly and call P ADER
FOLLOW-UP MEASUREMENTS
The Tesults of follow-up measurements will enable a homeowneT to make a well infonned decision about
possible health risk and the need for remedial action. As the decision to Temediate often involves spending
a significant amount of money, follow-up measurements should be reliable and reproducible estimators
of the actual or maximum potential exposure of the occupants.
SUGGESTED METHODS FOR FOLLOW-UP MEASUREMENT
Follow-up measurements should be performed in at least two locations within the house, prefeTably on the
lowest livable level, the basement, and on one otheT living level. The results from each location should be
aveTage to obtain an overall average fOT the living areas of the home.
If the result of the screening measurement is between 4 pCiIl (O,02WL) and 10 pCiIL (O,05WL), a long-
tenn follow-up measurement to estimate the annual average concentration should be made. The occupant
should consider using a meaSUTement device, such as an alpha-track detector (ATD) for long-tenn EIC, to
estimate the annual average concentration in the living area. An alternate, but less accurate, method for
estimating an annual average is to use the average of short-term measurements made at particular intervals,
The year-long measurement is more reliable fOT detennining long-term exposure, because both short-term
and seasonal variations will be incorporated into the annual estimate. All measurements made to estimate
annual averages, whether 12-month integrated or a series of periodic measuTements, should be made under
normal living conditions rather than "closed-house" conditions. The results of the measurement in each living
area are averaged to estimate the annual average.
If the Tesult of the sCTeening measurement is between 10 pCiIl (0.05WL) and 100 pCiIl (0.50WL), a short-
term follow-up meaSUTement should be made as soon as PTactiCal. A short-tenn follow-up measurement
will minimize additional exposuTe while pToviding a Teproducible results than can be utilized to estimate
the annual average concentration.
NOTE: All screening and follow-up measurements are made in accoTdance with "Protocols for Radon and
major Radon decay products." ~\
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1I.o&D Septic & Toilet Rentals
35 West North Street
Carlisle, PA17013
~6ATE
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INVOICE # :
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BILL TO
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George L. Ebener & Associates
c/o Roger Persik
139 West High Street
Carlisle, PA 17013
QUANTITY
DESCRIPTION
PO ~ \~:;iPlr :ECT_
RATE AMOUNT
JOB ADDRESS: 63 Red Tank Road, Boiling Springs,
PA
SELLER: Dawn & Eugene Nelson
'DESCRlPTION OF WORK:
5/10/02 - Locate pipe in basement leading to septic tank.
Move backhoe to project. Remove burnt llllllberand
poison ivy from apparent loCation of septic tank.
Excavate and locate terra-cotta pipe leading from house
towards yard. Move debri again and eventually locate
tank off to side behind, summer kitchen. Remove all dirt
on tank lids.
5/13/02 - Cut center concrete lid in balfwith diamond
saw. Remove lid with backhoe for pwnping. Tank
determined to be beyond it's usable life. Reset lids on
. tank. Install yellow caution tape around tank site to
warn ofjnherent danger. Backfill trench leading to tanle
14.5 hours @ $50.00/hr
State
725.00
6.00%
725.00
0;00
ll1ank you for your business.
I~al
$725.00
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FROM DYE'S FLOORING
FAX NO. 717 2497726
Ma~. 16 2002 10:31AM Pi
I & I Sealic SuRice & '811et O.ltals
35 West North Street
Carlisle, P A 17013
Cumberland
Phone 717 249-1082
FM 717 249-7726
May 16,2002
George L. Ebener & Associates
c/o Roger Persik
139 West High Street
Carlisle, PA 17013
PHONE: (717) 243-6195 FAX#245-0699
RE: Dawn & Eugene Nelson -
Septic Tsnk RepJacement at 63 Red Tank Rosd, Boiling Springs, P A
Dear Roger or Whom It May Concern,
As requested, the following is our estimate to replace the septic tank at 63 Red Tank Road, in
Boiling Springs, P A.
ESTIMATE
DESCRIPTION OF PROJECT:
Get required septic repair permit from township, pump out existing septic tank and grease trap in
basement. Remove existing concrete and cinder block septic tank and dispose of rubble. Back
fill and compact remaining hole up to proper gmde to set new 1250 gallon two compartment
septic tank. Back fill and compact soil around new tank up to finish grade. Remove grease trap
from basement and replace with new pipe. Attach new 4" PVC pipe to existing plumbing in
basement and run it to new septic tank. Install cleanout both inside and outside of basement
wall. Seal around PVC pipe at foundation. Extend all septic tank access holes to proper height.
Install Zabel filter in outlet batfel. Install new distribution box, Run 4" PVC from outlet baffel
to distribution box. Connect existing drain tiles to distribution box. Backfill and restore yard to
original grade. Rake and seed all disturbed areas. Real Estate Certification for new septic tank.
COST OF PROJECT: $2,800.00
ITEMS NOT INCLUDED IN PROJECT:
.. Labor and materials required to deal with underground springs
... Other Wlknown problems not nonnaly encountered installing a replacement septic tank
Sincerely,
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Stanley rt. Dye (Owner, D & D Septic Service)
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May 20, 2002
Jackie Verney (Buyer's Attorney)
Robert Mulderig
Courtney Kishel
Subject: 63 Red Tank, Boiling SpTingS, PA 17007
Additional material being forwarded for your review and action.
1. Addendum mentioned in letter dated 5/14/02 Tequiring E. Nelson's signature. This
addendum simply eliminates 2 items from contTact which Mr. E. Nelson refused
to accept and buyer(s) have agreed to Temove from contTact. .S@,~uires E.
_~~~()~!..~ignature.
2. Pictures of septic tank F.Y.1. (review) showing concrete "Cinder Block" tank
which DID NOT PASS INSPECTION. Bill to date and estimate to repair was
furnished in package sent on 5/14/02.
By the time each P!lrtY Teceives this memo. we will have less than 3 weeks to
complete this wOTk priOT to settlement on June 14, 2002. This is a very busy time
of the year fOT contractor's and sub-contractors and their schedules Tequire at least
a one week's notice to even get on their schedules.
Needless to say; time to schedule and get the wOTk accomplished is growing short ,
and I need approvals to have this WOTk performed by Friday, May 24, 2002 in i
order to insuTe it's completion by the settlement date.,.. ..,---1
:3. In speaking to Dawn Nelson, she has agreed in principle to having items
mentioned in 5/14/02 letter repaired at seller's expense, but we,]:!liJed agr~~
from Mr. E. Nelson to proceed with repairs. The same is true of this letter. Dawn
Neisonagrees to have repairs completed. My best guess estimates on the
chimney, water line, and Taylor Stove repairs are as follows:
Chimney Repairs and certification
Water Line Repairs (Digging & Repair)
TayloT Stove Fan Repair
@ $285.00 - I) 3 7"'" C,'
@ 265.00 - fI3/!>""~
@ 245.00 - '!I-pifJ":""
Note: These are "SWAG'S" but, I think they are within reasonable limits. These
will be seller's costs. ,. ..,..,..-'
If you have any questions regarding contents of this letter, please call me.
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Roger J. Persik
Agent - EbeneT RealtoTs
CC: D. Nelson
E. Nelson
MIM Merlina
Delores Kidd (Mort. Co.)
Ebi~ner File
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DAWN NELSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EUGENE
Vs.'
NELSON ,l~ ,
Defendant
NO. 00- 8193 CIVIL
IN DIVORCE
RE:
Pre-Hearing Conference Memorandum
DATE:
Monday, October 29, 2001
THE MASTER: Present for the plaintiff, Dawn
Nelson, are attorneys Richard C. Gaffney and Courtney L.
Kishel, and present for the Defendant, Eugene Nelson, ~'.' is
attorney Robert J. Mulderig. ~
The parties were married on September 22,
1984, and separated September 16, 2001. There were no
children born of the marriage.
The complaint filed on November 20, 2000,
raised grounds for divorce of irretrievable breakdown of the
marriage, adultery, indigniti~s, wilful and malicious
desertion. The complaint also raised the economic claim of
equitable distribution. No claims have been raised by either
party for alimony or counsel fees and costs.
wife is 53 years of age and resides at 63 Red
Tank Road, Boiling Springs, Pennsylvania. Wife is a high
school graduate and works for CNF Service Company (Emery
Worldwide). Counsel are directed to file a current income
statement showing her net monthly income after adding back in
any voluntary deductions. Wife has not raised any health
issues.
Husband's educational background is unknown.
He is 51 years of age and resides at 2415 County Line Road,
York Springs, Pennsylvania 17327. Mr. Mulderig is not aware
if he has anyone living with him at the present time.
Husband is self-employed in construction. He is directed to
file an income statement showing his current earnings.
According to his pretrial statement he shows $5,000.00 annual
income from business in 2000. We need to have verification of
the income for 2001 to date and the sources of that income.
We also have an issue as to whether or not he should be able
to earn more than $5,000.00 per annum if that is what he
claims his income is currently. Husband has not raised any
health issues.
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Neither party is paying or receiving spousal
support or alimony pendente lite.
The parties own a farm at 63 Red Tank Road,
Boiling Springs, which is subject to two mortgages. The real
estate was assessed in 2000 at $233,000.00. The first and
second mortgages total approximately $55,000.00. It is the
desire of the parties to list the property for sale and the
Master has directed that when we appear at the next
conference, if it has not previously been accomplished, that
one of the parties bring a listing agreement for the farm so
that it can be executed and the property put on the market
immediately. If, in the meantime, before the conference, the
parties have accomplished the listing, that is certainly
appropriate and that will give them an opportunity to market
the property immediately.
The parties own a camper, some vehicles, a
bank account, and various items of household tangible personal
property which are on some lists. We need to have the value
identified with those items. We also need to know who has the
particular items of property so we can determine the value
that each party has with respect to the tangible personal
property. If it is asserted that wife has most of the
property, then that should be appraised and she will be
charged with the value as it exists in her possession. If
husband has removed property, he should make the property
available for an appraisal.
With respect to listing the farm for sale,
counsel have indicated that there needs to be some removal of
junk and debris and hopefully the parties can work out an
arrangement that they can accomplish the removal of the items
in order to make the property more attractive to a prospective
buyer.
Wife has a defined benefit plan with her
employer which had a value as of December 30, 2000, of
$55,101.43. She also has a 401(k) and the value as of
December 30, 2000, was $45,816.92. However, there is a loan
balance on that 401(k) of $18,678.11 which was used for
marital purposes. Mr. Gaffney has indicated that a portion
of the 401(k) is non-marital so that after deducting the loan
balance from the value and considering the non-marital
portion, the vested interest is $27,138.81. With respect to
the other retirement plan (defined benefit plan) the marital
portion has a value of $36,918.00.
The parties have listed certain items of
marital debt including an IRS balance due, a credit card debt
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to Sears and MasterCard, an amount of money owed to attorney
Lauer, and as previously noted, the mortgages and the 401(k)
loan.
We need to have an itemization of the total
balance due on the debt and who has paid the debt since date
of separation so we can give appropriate credit.
The Master is going to set a conference with
counsel and the parties and allow counsel for each of the
parties to go on the record to indicate what they need to
accomplish prior to the conference. Mr. Mulderig is not
precluded from pursuing some discovery issues and he needs to
address what he intends to do to pursue the information he
feels necessary to better evaluate his client's position.
Following the statement of the attorneys on
the record today regarding the plan that they intend to
utilize to get the case ready for conference/trial, the Master
will go back on the record to state an appropriate date and
time consistent with counsel's schedule for a conference. Mr.
Gaffney.
MS. KISHEL: We are actually looking at two
additional things other than what you have already indicated.
The first is we are looking -- and we have already, for the
record, surrendered three checks that Mr. Nelson needs to sign
so that those checks can go towards paying the taxes that are
due on the property. The second thing is, throughout the
course of the separation period, Mr. Nelson was going on to
the property and removing certain valuable items. Certain
items were listed in the papers and were to be sold. We do
not know the value of any of those items. We had included a
list of those items in our pretrial statement which have no
value to them, so we are looking for a value assessed to those
items, receipts if he has them, when he sold them, how much
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money he received as a result of it, because all of that is
included as the marital property.
We are looking for tax returns for the year
2000. I believe they filed jointly in 1999.
MR. GAFFNEY: In addition, there are ongoing
expenses of maintenance for the marital property and we would
ask that Mr. Nelson contribute half of those expenses which
include payment of the mortgage, the taxes, heating the
property, repairing the property, and fixing the property up
for sale.
MS. KISHEL: And expenses incurred with
removing trash -- the big bulky items -- that Mrs. Nelson has
solely paid for and has actually brought documentation
regarding such.
THE MASTER: Mr. Mulderig.
MR. MULDERIG: I need more information on the
pensions, how much is marital and how much is not and how that
was determined and the values of the pensions.
I would like
to see their income tax returns from earlier years. She has
all of that property. It is still out at the house.
As to the expenses on the property, she is
living there; he is not, so many of those expenses are just
normal living expenses on a property and, therefore, I do not
feel that he is liable for half of them.
I do not necessarily agree with any of the
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numbers that you stated in there until I have been able to
verify them with my client.
THE MASTER: Counsel, when they come to the
next conference with the parties, should have a worksheet
prepared listing the marital assets and the values they
ascribe to those assets. They should also have a list of the
marital debt and how that debt should be allocated and what
credit either party may be entitled to for payment of marital
debt since separation.
A conference is scheduled with parties and
counsel for Monday, November 19, 2001 at 1:30 p.m. Notices
will be sent to counsel and the parties.
Cc: Richard C. Gaffney and Courtney L. Kishel
Attorneys for Plaintiff
Robert J. Mulderig
Attorney for Defendant
,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
DAWN NELSON,
PLAINTIFF
CIVIL ACTION-LAW
NO. 00-8193 CIVIL TERM
VS.
IN DIVORCE
EUGENE NELSON, JR.,
DEFENDANT
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f,M'EI,L.Mf'S PRE-TRIAL STATEMENT
AND NOW, this 18th day of June, 2001, comes the plaintiff, Dawn Nelson, by
and through her attorney, The Law Offices of Richard C. Gaffuey, who files this Pre-
Trial Statement pursuant to Pa.R.C.P. 1920.33(b) and respectfully represents the
following:
I. A list of the parties' marital property, and its net value is attached as Exhibit A.
The marital assets consist of the following:
a. The Nelsons purchased a home, which was valued at $233,850.00 in last
years tax assessment. The assessment is attached as Exhibit B. The home
is encumbered by two mortgages both purchased during the course of the
marriage. Those mortgages total $54,879.00, and are heTein listed under
marital debt.
b. The parties own a camper which has an approximate value of $2,000.00.
c. Throughout the course of the marriage, the parties purchased seveTal
vehicles. Mr. Nelson has a 1985 Ford 150 Truck with a fair market value
of approximately $1,205.00. He also has a 1988 Ford 350 XL with dual
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rear wheels whose faiT market value is approximately $4,530.00, and a
1988 FOTd 4X4 pickup with an estimated fair market value of$2,145.00.
MTS. Nelson purchased a vehicle afteT the parties separated, but
used another vehicle as a trade-in. She received a trade-in cTedit of
$500.00.
Additionally, there are two (2) other vehicles on the property that
do not run, and have nominal value, They include a 1986 Subaru that has
a blown engine, and a 1978 Chevy Cab Dual Wheel with no transmission.
d. Mrs. Nelson managed a bank account, which contained approximately
$450.00 in cash.
e. MTS. Nelson, as an employee, has a benefit package through CNF Service
Company. The value of the retiTement package as of the date of marriage
cannot be ascertained, since those TecoTds weTe not available through CNF
Service Company. Accordingly, the exact value of the pension that
constitutes marital property cannot be determined. However, as of
December 30, 2000 the faiT market value of her Tetirement package,
including stock ownership was $55,101.43. MTS. Nelson's employer's
pension plan administrator, HeatheT Shoffitt, provided this information
from CNF Service Company. A copy of the information is attached as
Exhibit C.
f. Mrs. Nelson, as an employee, also has a 401(k) plan through CNF Service
Company. The balance as of DecembeT 30, 2000 was $45,816.92. This
value includes the fair market value of the stock and mutual shares, and
the outstanding loan balance of $18,678.11. Mrs. Nelson has a vested
inteTest totaling $27,138.81.
g. The parties purchased various tangible properties located in theiT home.
The parties have not agreed to the division of all the property.
h. Additionally, following the separation, Mr. Nelson Tepeatedly went on the
property and Temoved various items including cattle and fann equipment.
He subsequently sold such property without the consent of Mrs. Nelson.
The proceeds from the sales are marital property, although the amount of
2
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the proceeds cannot be determined at this time. A list of items Temoved is
attached as Exhibit D.
1. In January, on the advice of counsel, Mrs. Nelson sold a generator in order
to pay fOT back taxes on the marital residence. Notice was given to Mr.
Nelson via his attorney, and no objection was raised to disposing of the
marital asset in this manner. MTS. Nelson received $250.00 total for the
geneTator.
In May 2001, on advice of counsel, Mrs. Nelson sold a tractoT to
pay fOT the Home OwneTs Insurance premium. Again, there was no
objection to selling this item, afteT notice was given. MTS. Nelson
Teceived $250.00, which went to pay the insurance.
2. Plaintiff intends to call those expert witnesses at trial necessary to offer testimony
conceTning fair market value assessments of the marital assets, the general
economic potential for the region, appropTiate employment available to the
defendant, and the earning potential of the defendant. The jdentities of those
witnesses have not yet been determined.
3. Additionally, Mrs. Nelson intends to call any and all otheT witnesses, for purposes
of trial, to support those allegations outlined in Count I and II of the complaint.
Such witnesses would include friends and family members, whose identities have
not yet been determined.
4. The plaintiff plans on introducing exhibits at trial that are necessary to introduce
evidence of faiT maTket value of marital assets.
5. Mrs. Nelson's income consists of approximately $200.00 in gifts annually, which
she Teceives fOT birthday and Christmas. She is also employed full-time at Emery
Worldwide, located at 296 Airport Drive, Middletown, PA. She receives a gross
income of$756.68 every week. Her payroll deductions include $75.90 for federal
withholding, $47.01 fOT social security, $7.58 fOT local wage tax, $2Ll9 fOT state
3
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income tax, $10.99 fOT Medicare, $3.78 for 24 hour accident insurance, and
$15.13 is deducted and place into her 401 (K) plan. An additional $119.78 is
taken to Tepay a loan against her 401 (K), which was used to purchase a vehicle
for Mr. Nelson. A list ofMTS. Nelson's gross income and payroll deductions is
incorpoTated under Exhibit E.
6. Plaintiff has assumed the responsibility fOT paying all marital debts since
separation. A list of these expenses is listed as Exhibit F. Because MTS. Nelson
has paid fOT the homeowneTs insurance, taxes, and other expenses necessary to
maintain the home, she Tequests compensation fOT these expenses in the amount
of 50%.
7. Mrs. Nelson requests payment of counsel fees incurred during this litigation.
Mrs. Nelson was forced to request an injunction from the court to pTevent the
defendant from continuously Temoving items from the property and selling them
without MTS. Nelson'spermission. MoreoveT, throughout this action, Mrs.
Nelson has endured all pToperty expenses pertaining to home maintenance
without any contributions or shared Tesponsibility by Mr. Nelson.
8. A list of the marital debt accumulated throughout the marriage has been
incorporated undeT Exhibit G. The following is a narrative ofthe marital debts:
a. The Nelsons took out a mortgage to purchase the marital residence. The
remaining balance on the mortgage, as of June 2001, is $49,906.00.
b. ThereafteT, the Nelsons applied for a second mortgage to help finance MT.
Nelson's vehicle. The remaining balance on the second mortgage is
$4,973.00.
c. The parties owe the Internal Revenue Service $1,418.1 0 for back taxes
incurred during the marriage.
d. Additionally, the parties have property taxes due and owing in the amount
of $179.00, real estate taxes in amount of $2,174.48, school taxes totaling
4
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$1,811.04, and county taxes totaling $363.44. The parties also paid to
have their taxes prepared. That outstanding balance is $156.00.
e. The parties have accrued appToximately $4,303.99 in total cTedit card
debt. Specifically, the balance on the Sears account is $672.28; the
balance on the Wachovia MasterCard is $3,631.71.
f. During the marriage, the parties Teceived services from Patrick LaueT,
Esquire on an unrelated civil matter. The total bill owed to the attorney is
$884.11.
g. The parties borrowed against Mrs. Nelson's 401(K) plan in order to
finance several business adventures ofMr. Nelson's. AccoTdingly, the
balance owed on the loan is $18,678.11.
9. Plaintiff's monthly expenses are incorporated under Exhibit H. These monthly
expenses are as of April 4, 2001.
10. Pursuant to Pa.C.S. g3502(a), marital property shall be equitably divided among
the parties. ConsideTing defendant's behavior in removing and selling marital
assets without MTS. Nelson's permission, and defendant's marital misconduct,
plaintiff proposes the following resolution to equitably distribute the martial
assets in dispute.
a. Tanllible PeTsonal Property In Dispute: Most of the personal property has
been divided between the parties. The following is a list of items still
being disputes. The following is a Tecommendation to split the property.
L MT. Nelson takes the masteT bedroom and linen closets, while Mrs.
Nelson takes the kitchen table and chairs.
ii. Parties should equally divide the wall sconces sjnce theTe are two
(2).
iii. Mr. Nelson can take the CD collection with the exception of the
ten (10) CD's, herein incorporated as Exhibit I.
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iv. Mr. Nelson can have the magazine table, drop leaf table, and the
television set (afteT residence is sold), in exchange fOT Mrs. Nelson
to receive the coffee table.
v. Mrs. Nelson can take the microwave oven, since that was a
Christmas gift, and is therefoTe not marital property.
VI. Parties agree to split the cost involved in Temoving the two (2)
vehicles of nominal value from the property.
b. Pension Plan: Since the marital property cannot be truly determined,
Plaintiff proposes that marital property be determined by using the
following calculation:
NumbeT ofvears married (16) x Value of Pension
Number of years wOTked (24) 12/30/00
AccoTdingly, marital pToperty would be two-thiTds (2/3) the value of the
pension. One-thiTd (113) of the pension is MTS. Nelson's separate property
and does not constitute martial property.
Plaintiff proposes that MT. Nelson waive his rights to the 401 (K) and
pension plan, in exchange fOT Mrs. Nelson waiving heT right to receive
half the proceeds from the sale of the farm equipment, cattle and otheT
personal pToperty. She will also give up her rights to the three vehicles,
purchased during the marriage.
c. Home: The plaintiff proposes that the parties sell the home and payoff all
outstanding martial debts, including both mortgages, and the loan against
the 40 I (K) plan. ThereafteT, Mrs. Nelson should Teceive the fiTSt
$8,430.37, as reimbursement for household expenses, as outline in
paragraph 6 and Exhibit F. TheTeafter; the parties shall split the proceeds
equally.
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Until the marital residence is sold, plaintiff proposes that defendant be
responsible for paying half of all of the bills, taxes, and other expenses
incurred while maintaining the home, to ensure its value.
d. All other Marital Assets: Plaintiff proposes that all other marital assets,
i.e. the bank account and camper, shall be sold and the proceeds should be
equally divided among the parties.
Respectfully submitted,
Date
~~Ol
THE LAW OFFICES OF RiCHARD C. GAFFNEY
Suite 101
2120 Market Street
Camp Hill, PA 17011
Telephone: 717.975.9033
Courtney L. Kis 1, Esquire
Attorney for P1ai tiff
PA Supreme Court ID No. 81509
7
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EXHIBIT A:
MARITAL ASSETS AND NET WORTH)
ASSET
FMV
LIABILITIES
NET
VALUE
SEPARATE MARITAL
PROPERTY PROPERTY
401 (K) $ 45,816.92 $ 18,678.11 $ 27,138.81 $ 8,955.81 $ 18,183.10
Pension $ 55,101.43 -~~~~-- $ 55,101.43 $18,183.47 $ 36,917.96
Residence $233,850.00 $ 54,879.00 $178,121.00 ------- $178,121.00
Bank Account $ 450.00 ------- $ 450.00 ------- $ 450.00
Camper $ 2,000.00 ------- $ 2,000.00 ------- $ 2,000.00
Cattle & $ 3,725.95 .------ $ 3,725.95 ------- $ 3,725.95
Rototiller
Trade-In $ 500.00 ------- $ 500.00 ------- $ 500.00
Vehicle
Mr. Nelson's $ 1,205.00 -~----- $ 1,205.00 ------- $ 1,205.00
Vehicle #12
Mr. Nelson's $ 4,530.00 ------- $ 4,530.00 ~-~---- $ 4,530.00
Vehicle #2
Mr. Nelson's $ 2,145.00 ....----- $ 2,145.00 ------- $ 2,145.00
Vehicle #3
TOTALS:
$349,324.30
$ 73,557.11
$274,917.19
$ 27,139.28
$ 247,778.01
I The diagram pertains to only those martial assets whose value is certain. The value of those marital assets
removed and sold by Mr. Nelson without Mrs. Nelson's permission, cannot be determined and is therefore
not incorporated into this chart.
2 The fair market value has been determined by Kelly Blue Book Co.
8
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EXHIBIT B:
2000 TAX ASSESSMENT
OF MARITAL RESIDENCE
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Cumberland County Board of Assessment Appeals
Old Courthouse
One Courthouse Square
Carlisle, PA 17013
(717) 240-6350
(717) 240-6354 (fax)
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Board of Assessment Appeals
Lloyd W. Bucher
R. Fred Hefelfinger
Sarah Hughes
STEVEN D. TILEY
Assistant Solicitor
RANDY L. WAGGONER
Chief Assessor
DECISION ORDER
MAILING DATE: November 5, 2000
PARCEL NUMBER: 40-12-0342-010.
NELSON, EUGENE J & DAWN M JR
63 RED TANK ROAD
BOILING SPRINGS PA 17007
Dear Property Owner:
This letter is to officially notify you of the decision of the Cumberland County Board of Assessment Appeals
regarding the above-referenced parcel.
DATE OF APPEAL HEARING: 10/10/2000
DATE DECISION RENDERED: 10/31/2000
EFFECTIVE FOR TAX YEAR: 2001
DECISION RENDERED: [] Withdrawn By Applicant
[ .] Abandoned For Failure To Appear
[ ] Denied - No Change
[ ] Approved Review Appraiser's Changes
[ ] Revised Assessment Based on Hearing
[] Other:
TOTAL VALUE
FAIR MARKET
CLEAN AND GREEN
CLEAN AND GREEN
STATUS
Old Assessed Value:
New Assessed Value:
233,850
233,850
165,600
165,600
Not Enrolled
Not Enrolled
Any person aggrieved by the order of the Board of Assessment may appeal to the Court of Common
Pleas by filing a petition in the Prothonotary's office on or before December 05, 2000.
I.
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EXHIBIT C:
MRS. NELSON'S 401(K) AND
PENSION PLAN STATEMENT
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SERVICE COMPANY
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March 22, 2001
Mrs. Dawn M. Nelson
63 Red Tank Road
Boiling Springs, PA 17007
Re: CNF Transportation Inc. Retirement Plans
For Participant Dawn M. Nelson (SSN 197-40-5665)
Dear Mrs. Nelson:
As requested by you, please find enclosed a Determination for the retirement plans in which
you participate as of December 30, 2000. The statements include benefits from the CNF
Transportation Inc. Retirement Plan (CNFRP), the CNF Transportation Inc. Common Stock
Fund (CSF) and the CNF Transportation Inc. Thrift and Stock Plan (TASP). We regret that we
are unable to provide the values of your retirement plan accrued through 1984. CNF did not
purchase Emery Worldwide until 1989 and at that time Emery had already purchased an
annuity for your participation in the retirement plan from your date of hire through 1987.
These qualified retirement plans may only pay any portion of a Participant's benefits to an
Alternate Payee (e.g. former spouse) in accordance with a qualified domestic relations order
(QDRO).
Please submit correspondence and certified court orders, if any, to the Plans in care of CNF
Service Company, PO Box 3680, Portland, OR 97208. Although the Plans will review draft
orders as a courtesy, the Plans may only act or restrain benefits upon receipt of a certified
domestic relations order.
We appreciate your patience and courtesy while the information was prepared. If you have any
questions, please call me at (503) 450-4106.
Sincerely,
~ ~-\7t"
Heather Shoffitt
CNF Retirement Plans Administration
. .
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Encl: Determination
,
RETIREMENT PLANS ADMINISTRATION, PO BOX 3680, PORTLAND, OR 97208 (503)450-4110
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CNF Retirement Determination as of December 30, 2000 for: Dawn M. Nelson
SSN: 197-40-5665
Date of Hire: 1/26/1976
Date of Term: Still Employed
CNF Transoortation. Inc. Thrift and Stock Plan (TASPl
[as successor plan to the Consolidated Freightways, Inc. Thrift and Stock Plan]
As of December 30, 2000, the total account balance (consisting of stock and mutual fund shares
stated at fair market value plus outstanding loan, if any) is $45,816.92. The outstanding loan balance
is $18,678.11 and the investment account is $27,138.81. This amount is vested.
CNF Transoortation. Inc. RetirementPlan (CNFRPl
[formerly known as the Emery Air Freight Corporation Pension Plan]
a) Accrued Benefit; As of December 30, 2000, the accrued benefit is $876.31 payable in
the form of a monthly Five-Years Certain annuity at Participant's age 65 (stated in the normal form of
benefit payment for the Plan). This amount is vested. (See notes for additional information.) Lump-
sum distributions are not available (limited exceptions may apply).
b) GECA annuity: The accrued benefit stated above includes a GE Capital Assurance
(GECA) annuity of $228.57 stated in the form of a monthly Five-Years Certain annuity payable at age
65. (May also be stated as a Single Life annuity in the amount of $234.06 and was formerly provided
by United Pacific Life.)
CNF TransDortation, Inc. Common Stock Fund (CSFl
[formerly known as the Emery Air Freight Corporation Employee Stock Ownership Plan]]
As of December 30, 2000, the account balance is valued at $23,741.42. This amount is vested.
(See notes for additional information.)
Notes Reaardina the Retirement Plans
a) TheCNF Transportation, Inc. Retirement Plan (CNFRP) is partially funded by the CNF
Transportation Inc. Common Stock Fund (CSF). The value of the Common Stock Fund must be
transferred to the Retirement Plan in order for the accrued benefit to retain the full value stated in the
CNFRP section on page 1. If the CSF is not transferred to the Retirement Plan, the accrued benefit
from theCNFRP would be reduced. '
.1
b) The Present Value of the CNFRP and CSF benefit stated in the form of a sinale lumo-sum
oavment is $55:101.43 as of December30. 2000 (TASP not included). The stated value of the lump-
sum is based on the provisions of the Plan for lump-sum calculations and factors which fluctuate (e.g.
stock price, monthly interest rate). The value was calculated based on factors in effect on December
30, 2000.
RETIREMENT PLANS ADMINISTRATION, PO BOX 3680, PORTI..AND, OR 97208 (503) 450-4110
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EXHIBIT D:
MARITAL ASSETS REMOVED
BY MR. NELSON
ITEM
Cattle
Kubota Rototiller
Air Conditioner
Meat Slicer
Two Pictures from the Dining Room
Two Kerosene Lamps
Coal Bucket and Shovel from Living Room
Electric Knife Sharpener
Four Small Pictures from Master Bedroom
Floor Sander
Dreme1 Tools
Extension Cords
Garden Hose
Christmas Decorations
Bar Equipment and Signs
Shop Vac
Electric Butcher Saw
Hand Butcher Saw
Bed Spreads
Butcher Knives
Cube Steak Machine
Cast Iron Tea Kettle
Two Brass Lamps from Living Room
Two new Lamp Shades
Picture from Spare Bedroom
Seal-a-meal machine
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FMV
$ 2,975.95
750.00
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
Food Dehydrator unknown
Food Mill unknown
Table Saw unknown
Gas Grill & Implements unknown
Meat Grinder unknown
Shink Wrap Machine unknown
Two Butcher Block Tables unknown
Two Metal Cabinets unknown
Stainless Steel Cabinet unknown
Three Scales unknown
Large Metal Trays unknown
Gas Weed Wacker unknown
Band Saw unknown
One Teddy Bear unknown
Snow Blower unknown
Two Fire Extinguishers unknown
Large Cast Iron Pan unknown
Small Cast Iron Pan unknown
Various Dishes unknown
Rolodex unknown
Box of Books unknown
12
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EXHIBIT E:
MRS. NELSON'S GROSS INCOME
AND PAYROLL DEDUCTIONS
Gross Income
Payroll Deductions3
BI-WEEKLY
$ 756.68
301.36
Net Pay
$ 455.32
3 Payroll Deductions include:
Federal Withholding
Social Security
Local Wage Tax
State Income Tax
Medicare
401 (K) Retirement
24-hr Accident Insurance
BI-WEEKLY
$ 75.90
47.01
7.58
21. 19
10.99
15.13
3.78
119.78
Loan (401K)
TOTAL PAYROLL DEDUCTIONS: $301.36
13
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MONTHLY
$ 1,513.36
602.72
$ 910.64
MONTHLY
$151.80
94.02
15.06
42.38
21.98
30.26
7.56
239.56
$602.72
-- -~.'
EXHIBIT F:
MRS. NELSON'S EXPENSES
PAID DURING SEPARATION4
TOTAL PAID MR. NELSON'S SHARE
BY MRS. NELSON SHARE IF DIVIDED EOUALL Y
Mortgage $2,024.76 $1,012.38
Second Mortgage 220.00 IlO.OO
Home Maintenance 1,300.00 650.00
IRS 285.00 142.50
Wachovia MasterCard 3,631.71 1,815.86
Sears Charge Card 672.28 336.14
Homeowners Insurance 1107.00 553.50
Attny Bill (Lauer) 884.11 442.05
Furnace Repair (parts) 146.81 73.40
Water Heater 332.83 167.82
Real Estate Tax 2,174.48 1087.24
School Tax 1,811.04 905.52
County Tax 363.44 181.72
Personal Property Tax 179.00 89.50
Income Tax 834.00 417.00
Fee for Tax Return 156.00 78.00
Locks 570.28 285.14
Trash Removal 168.00 84.00
TOTAL
$16,860.74
$8,430.37
4 This list of expenses includes those expenses up to April 2, 200 I. An additional claim will be made at the
time of the hearing, for those expense received after April 2, 2001, that Mrs. Nelson incurs.
14
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EXHIBIT G:
THE PARTIES' MARITAL DEBT
Mortgage $49,906.00 (currently paid by Mrs. Nelson)
Second Mortgage $ 4,973.00 (currently paid by Mrs. Nelson)
IRS $ 1,418.10 (currently paid by Mrs. Nelson)
Property Taxes 179.00 (currently paid by Mrs. Nelson)
Real Estate Taxes 2,174.48 (currently paid by Mrs. Nelson)
School Taxes 1,811.04 (currently paid by Mrs. Nelson)
County Taxes 363.44 (currently paid by Mrs. Nelson)
Tax Preparation 156.00 (currently paid by Mrs. Nelson)
Sears credit card 672.28 (currently paid by Mrs. Nelson)
Wachovia MasterCard 3,631.71 (currently paid by Mrs. Nelson)
Attorney fees 884.11 (currently paid by Mrs. Nelson)
Loan against 401 (k) 18.678.11 (currently paid by Mrs. Nelson)
TOTAL MARITAL: $84,847.27
DEBT
15
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EXHIBIT H:
PLAINTIFF'S EXPENSES
AS OF 4/2/01
BILL AMOUNT
Mortgage $2,024.76
Second Mortgage 220.00
Home Maintenance 1,300.00
IRS 285.00
CitiFinancial 184.93
Wachovia MasterCard 3,631.71
Sears Charge Card 672.28
Homeowners Insurance 1107.00
Automobile Insurance 644.00
Automobile Repairs 140.00
Fuel 180.00
Attny Bill (Lauer) 884.11
Furnace Repair (parts) 146.81
Water Heater 332.83
Real Estate Tax 2,174.48
School Tax 1,811.04
County Tax 363.44
Personal Property Tax 179.00
Income Tax 834.00
Fee for Tax Return 156.00
Wood (Heat) 905.00
Kerosene 300.00
Locks 570.28
Electric 80.00
Telephone 85.00
Trash Removal 168.00
16
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Medical Expenses 695.00
Food 280.00
Clothing 1 ,000.00
Hairdresser 150.00
Miscellaneous 150.00
Gifts & Charitable 1.650.00
Contributions
TOTAL $23,430.67
17
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EXHIBIT I:
LIST OF CD'S MRS. NELSON REQUESTS
Stevie Ray Vaughn
Credence Clearwater
Santana
Neil Young
Janis Joplin
Larry Graham
Billy Joel
Gene Autry
Eric Clapton
"The Real Deal greatest hits vol. 2"
"Willy and the Poor Boys"
"Greatest Hits and Super Natural"
"Harvest Moon"
"Pearl"
"The Best"
"Greatest Hits vol. 3"
"Christmas"
"Time Piece"
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Richard C" Gaffne~, Esq.
?1? 9?5 9034
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. THE LAW OFFiCES OF'
RICHARD C. GAFFNEY
TO:
FACSIMILE TRANSMITTAL SHEET
ROBERT ELICKER, ESQUIRE
FROM:
RICHARD C. GAFFNEY, ESQUIRE
FJRM/COMPANY;
Cumberland County Office of the
Divorce Master
DATU:
5/29/02
SENDER'S PHONE NUMBER:
(717) 975-9033
SENDllR'S FAX NUMBER;
(717) 975-9034
,
, I Nelson
o URGENT Ii1I FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPI.Y
o l'I.EASE RECYCLE
NOTSS/COMMENTS:
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2120 MARKET STREET - SUITE 101 - CAMP HILL, PENNSYLVANIA 17011
TELEPHONE: 717.975.9033 - FACSIMILE: 717,975.9034
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Ma~ 29 02 03:00p Richard C. Gaffne~, Es~. 717 975 9034
IAY-ll-l~~l(TUE) Il:~l GEORGE L EBE~ER & A~~O~IATE~ (FAX)111l~)~'~~
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SUBJECT: t 3 KlJ"b IItNI< 1<0(;.; - ~j:rJ,'rq.k.f'-'.a7~ ~.tr S
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George L. Ebener & Assoclates
139 West High Street
earflSle. PA 17013
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Ma~ 29 02 03:00p Riohard C. Gaffne~, Esq.
IAY-l~-l~~l(FRI) I~:\' GEORGE L EIENER l ASSOCIA1E~
717 975 9034
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138 WMI HIgII sn.t, Clbtill., PA 171113-2991
_. (717) 243-6195 . Fox 1717) 245.0699
May 24, 2002
TO: Jaclcie Verney (Buyer's AItomcy)
Robc:rtMuJdcria
Riebard C. GaffiJey
RE: 63hd1ll111r:RoId,BoiIing$prings.PA 17007
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Ladies and Gentleman;
I need your diJeclion anil advice as to how to resolve the opcII issues and fiIIalize the sale
of the above pmpetty.
ThiDgs bave reached a very critica1 point The MerliDa(s) (BuyelS) home is under
cOlltl8el with scttIemont to occur on Friday.1une 14, 2002 at 1:00 PM.. "Their home is
mid. e.....ni filr the fina1_,fer oCtile deed". The setdement of the Nelson property
, (ScUCB) is toocc1n' on Friday, June 14,2002 at 3:00 PM..
, ~ F sevaal,open issues with....a to.rs to beprefonncli at the Red Tank
, pro~ and DIlly Richard C. GaffiJey (Attomey for Dawn Nelson) and Dawn Nelson
have Biven their approval to proceed with the repairs. I DCed the approvalofMr_ Nelson
aad orbis Momey to proceed or In a1temative. I am at a loss to \IIIdersIlmd why this
lrlIDSlu:tion c:annot be brought to a sua:essfu1 settlement
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I wiD await your .<lo_1ive sUSllCStions on a course of action or any legal adIIice you may
suggest in order to bring this matter to a COIIclusion.
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717 975 9034
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South Central Pa. Home Inspection Company Ine.
74 Derbyshire Drive Carlisle, Pa.17013
Phone. 717-258-5353 Fax. 717-258-5353
E-Mail: tamsley@pa.net
Date: 5/8/02
Client: Geroge L Ebener Assocs. (C/O Vonnie Baer)
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'~o'e HO~~ Home Inspection
E/FS Ins"ytlon and Comprehensive Report
Radonscre~ing
Termite Inspection
Water quality analysis:
Full FHA Analysis group
Total coliform (Bacteria)
63 RedT ank Road
Boiling Springs, Pa. 17007
Fee $
Fee: $
Fee: $ 125.0Ci.
Fee $
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Fee: $
Fee $ 55.00
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Minimum Insoeclitm Fee: $100.00
PavtnAnt due unnn ~i"'"
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Thank Yau very much for your oatronaae
Services Offered
Whole House Home Inspection
EIFS Moisture Testing
Radon Screening
Water Analysis
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717 975 9034
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.,,~~)~~ANKLlN ANALYTICAL INC.
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Sl ( Order #: F AI050602-005
77 HORST AVE.
CHAMBERSBURG, PA 17201
PHONE (717) 263-9970 FAX (717) 263-9946
ANALYTICAL REPORT
Tuesday, May 07, 2002
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For: South Central P A Home Inspection Oient:
74 Derbyshire Drive
Carlisle PA 17013
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IC:f, ector: ',' Terry AInsley
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Date Sampled:
Date Received:
Date Completed:
Discard Date:
5/6/2002 9:00:00 AM
5/6/2002
5nJ2002
5/812002
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Parameter
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Grab
Result
63 Red Tank Road
Sample Date: 5/6/2002 Sample Time: 9:00
PQL Test Date Test Time Method
Analyst
Units
E. Coli Absent coll100ml 5/6/2002 13:10 SM9223B SS
Total Coliform Absent colllOOml 5/6/2002 13:10 SM9223B SS
This analysis indicates that the sample as received does not exceed the drinking water limit established by the
USEP A and is considered bac1criologica11y potable. The limit is defined as not to exceed a value of 0
coliforn\llOOmL.
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Results are reported on an "as received" basis. .
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Respectfully Submitted
Franklin Analytical
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Suzanne F. Shaeffer
Laboratory Director
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,THE KEY TO OUR BOTTOM LINE IS PROFESSIONALACCURACY.
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Richard c. Gaffne~,
Esq.
717 975 9034
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200 S. Spring Garden Street, Carlisle, PA 17013 Carlisle (717) 249-6867 · Mechanlcsburg (717) 697- 615
PROFESSIONAL APPLICATORS & CONSULTANrS
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Ie' 'sle, Pa:
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FAX
Our ,lIIspeetion prefor:med Tuesday May t". showed. moderate to heavy infestatioD of
adiv~ Powder Post Beedes located throughout the understrudure of the home. In addition
a smaD area of what appears to be inactive termite damage was also located by the old
cellar steps. Treatment will be required. Our treatment which will consist of treatment of
aU exposed wooded members, support post. and joists will tost S 1,116.00 (plus ".96 state
tax). '
Please advise if you wisb us to proceed............
~. aDk~JJ__. '.
W"Q~G~bert '
A~e...~H..' wo~... DestroyingInsedIospeetor
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Water Line RepaiTs(Digging& R~pai;:r----
Taylor Stove Fan Repair
@ 265.00"=#.3/1/;,
@ 245.00 - '~'''Pi'~~('''
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N~te: These are "SWAG'S" but, I think they are within reaso'll.l~l~limits. These
~ be seller's costs.
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If you have any questions regarding contents of this letter, please call me.
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Richard C. Ga~~ne~, Esq.
717 975 9034
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. THE LAW OFFICES OF .
RICHARD C. GAFFNEY
May 28, 2002
Office of the Divorce Master
Cumberland County
Mr. Robert Elicker, Esquire
13 North Hanover Street
Carlisle, PA 17013
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RE: Dawn Nelson v. Eugene J. Nelson. Jr.
Docket No. 00-8193 Civil - In Divorce
Dear Master Elicker:
,1;1
Attorney Robcrt Mulderig and I are in agreement that your assistance and intervention are required in a
matter pertaining to the sale of the real property currently owned as tenants by the entireties by the litigants in
the above-captioned matter. Pursuant to your Order, the parties listed their real property for sale with Rogel
Persik (.f George L. Ebner and Associates Realtors. The property has been placed under an Agreement for Sale,
and'a ~josing date of June 14,2002 has been scheduled, The buyer's home inspection identified several items,
that are, in need df repair. Enclosed for your reference is correspondence received from Roger Persik concerning
t/.el\e ~!airs. Mt.:persik estimates that the total cost of all the repairs would be less than $6,000.00.
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I. . " While Ms; Nelson and 1 have consented to having these repairs made (or, in the alternative, having a
4ed~cii n from tU purchase price credited to the buyers), Mr. Nelson continues to refuse In sign off on the
qec\,$SlII)' repairs. His refusal has placed this transaction in serious jeopardy and we fear that the sale of the
home niay fall through. His refusal is, in our opinion, unreasonable, dilatory and vexatious. Attorney Mulderig
has indicated his willingness to assist us in obtaining an appropriate Order on his Client and has informed us that
his Client is unmanageable and unwilling to follow his legal advice. Accordingly, we have no choice but to
request that the Conrt issue an Order on Mr. Nelson requiring him to approve the necessary repairs, so that the
property can be transferred to the buyers at closing on June 14,2002.
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This lett~r also serves as confirmation of the teleconference scheduled for Friday, May 31,2002 at 1:30
p.m. between you, Attorney Mulderig, and myself.
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Thank you for your attention and consideration in this matter. I look forward to speaking with you later
this week.
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I , ~obert Mulderig, Esquire
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Very truly yours,
Law Offices of Richard C. Gaffuey
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Richard C. Gaffney, MBA, Esquire
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2120 MARKET STREET' Sum 101 - CAMP HILI..l'ENNSYLVAN1A 17011
TELEPHO~E: 717.975.9033 . FACSIMILE: 717.975.9034 -INTERNET: WWW.RCGLAW.COM
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Richard c. Ga~~ne~, Esq.
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.THE l.AW OFFICES OF'
RICHARD C. GAFFNEY
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FACSIMILE TRANSMITTAL SHEET
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RO~ERT ELICKER, ESQUIRE
,
FROM:
RICHARD C. GAFFNEY, ESQUIRE
; FIRM/COMPANY:
Cumbetland County Office of the
Divorce Master
FAX NUMBER: '\
(717) " '.
TOTAL NO. OF'
RE,
DATE:
5/29/02
SENDER'S PHONE NUMBER:
(717) 975-9033
SENDER'S FAX NUMBER:
(717) 975-9034
NelJrm
o URGENT 0 FOR REVIEW 0 PLEASE CbMMENT 0 PLEASE REPL V
o PLEASE RECYCLE
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2120 [lI:!ARKET STREET - SUITE 101 - CAMP HILL, PENNSYLVANIA 17011
TELEPHONE: 717.975.9033 - FACSIMILE: 717.975.9034
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Riohard C. GaTTne~, Esq.
717 975 9034
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P8'LBERTS~
orOfe$SIOna
pest I qont . Inc.
200 ii. ~p+g' Gard~~ street: Carlisle, PA 17013 Carlisle (717) 249-e867 . Mechanlcaburg (717) 697-8815
i PROFESSIONAL APPLlOATORS & CONSULTANTS
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To: Vonnie/llodger
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Re ; InspeetioD at 63 Red Tank Read
Carlisle, Pa.
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Qur Inspeetion preformed Tuesday May 7., showed moderate to heavy infestation or
: aj:tNe l'owd~ 'oat Beedes loeated throughout the understrueture of the home. In addition
a sMail a~ "r what appears to be inaetive tennite d8lllage was also loeated by tile 41ld
~~~ steps. rt;'reatment will be required. Our treatlllent whidl will coasist oftreatment of
:f:lffPOSed tboded memhers, sapport post, and j4lists will eon S 11116.00 (plus ".96 state
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,'Ptel.~e advise if you wish liS t41 pro&:eed............
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Aecredited Wood Destr4lying InseclIDspeet4l1'
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Richard C. Gaffne~, Esq.
717 975 9034
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South Central Pa. Home Inspection Company Ioc.
74 Derbyshire Drive Carlisle, Pa. 17013
Phone.717-258-5353 Fax. 717-258-5353
E-Mail: tamsiey@pa.net
RADON TEST REPORT
(pA. ID # 1846)
Client: Georae L Ebener and Assocs. (C/O Vonnie Baar)
, i Address of Radon Test: 63 Red Tank Road
i BOiling Springs, Pa. 17007
LiS. ted b~j>W. are the results of your recent Radon Test. These results are for the measurements
taken ~QM: 5/6/00 9:00 AM to 5/8102 9:00 AM using a RADON
MONI'fOR Methodology, The test average below is valid only if closed-house conditions were
maintainCd during the exposure period.
Name and DEP certification nnmber of tester placing and retrieving.
Terry D. Amsley Pa. Radon Certification ro. # 1846
The values given below are in units ofpicoCuries per Liter (PCiIL) ofRadon-222.
RADON MONITOR
Serial Number
1515026 (EPA) =
Radon (PCiIL)
RADON MONITOR Location
I"Floor
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DCiIL
(Overall) Average Result = 1.1 PCIIL
Since all homes have some level of Radon Gas, the following is provided as a frame of reference to
help you understand the results of your test:
Ii' A reported result of less than 4.0 pCiIL is below the present maximum recommended
i ~ levels by State and U.S. Federal AUthorities and follow-up measurements are probably
, ! not needed. ' .
Ii 2.1 !A result of greater than 4.0 pCiIl is above the present recommended level and the
! ~ttacbmen~ <<Interpretation of.Screening Measurements," will provide yon with the
I ! ~Uow-up action plan.
I '?ur Radl,h Measurement Company cannot accept responsibility for financial or health
'consequenCes of subsequent action or inaction by the client or its representatives based upon the
aoove results. This Radon test only provides the resuhsfor the period covered duriDg the
measnreml:nt.
If you have any question, please do not hesitate to contact our Radon Specialist at the above
address.
Thank youfor allowing us to be of service to you.
NOTICE TO CLIENTS
The Radon Certification Act requires that anyone who provides any radon-related service or
product to the general public must be certified by the Pennsylvania Department of Environmental
Protection. You are entitled to evidence of certification from any person who provides such
services or products. Your are also entitled to a price list for services or products offered. All
radon measurement da1:a will be sent to the Department as required in the Act and will be kept
confidential. If you bave any questions, comments for complaints concerning persons who provide
radon-related services, please contact the Department at the Bureau of Radiation Protection,
Deparbnent of Environmental Protection, P.O.Box 8469, Harrisburg,Pa 17105-8469,(717)783-
3594 or (800) 237-2366
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PI"Of'e;;s:ional
Radon Moni tor
'.
start Date
Start Time
Serial 1I
Location:
717 975 9034
1.3
2.3
2.0
1.6
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Si ":m:a ture:
Data in pCi/l
Time Interval 1 Hr
T 0.3
0.3
0.6
0.3
0.3
1.0
1.0
1.13
1.0
0.6
T 0.3
T 0.6
1.3
1.0
T 0.6
T 13.6
0.0
1.3
0.6
1.6
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----------~
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0.60
1.6
2.6
Tl.0
1.3 T
0.6 T
T !'l.6
T 13.6
1.3
1.13
0.b
T 2.6
0.6 T
1.0 T
1.6
1.13
1.3
2.6
2.6 T
0.6
0.6
1.6
0.6
T 2.6
overall Avs-= 1..1_
EPA Protocol Av'9.-
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Ma~ 2S 02 03:03p
Richard C. Gaffne~, Esq.
717 S75 S034
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South Central PA. Home Inspection Company Ine.
~hYl.hire Drive C rlisle Pa. 17013
ODe 7 7-251l-5353 Fax 717-258-5360
Radon Testing in Progress
NDlTIONS
us EPA GUIDELINES FOR RADON TESTING
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TIlE UNITED STATES ENVIRONMENTAL PROTECTION
PROTOCOLS WHICH MUST BE FOLWWE
STANDARDS MUST BE FOUOWED TOACIDEVE
AGENCY (EPA) lIAS ESTABLISHED
ON MEASUREMENT. TIlESE
LE TES TS.
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"CLOSED HOUSE CONDITION"
ONE STRICTLY ENFORCED NT IS THAT OF " USE CONDmONS." TIllS
IMPORTANT PART OF TIlE TEST IS NECE QUALIFY TIlE POTENTIAL HEAL1H RISK TO THE
'CCUPANrS. VIOLATION MAY CAUSE FLUCTUATIONS IN THE MEASUREMENT WHICH MAY
, ULT iN AN INVALID TEST.
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II COMPLY WITH CLOSED HOUSE CONDITIONS AS FOLLOWS:
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A4- EXTERNAL DOORS AND WINDOWS MUST BE CLOSED 12 HOURS PRIOR TO, AND ALL
DpRING THE PERFORMANCE OF THE RADON TEST. DOORS CAN ONLY BE OPENED FOR A
FEW MINlITES AT A TIME TO ENTER AND LEAVE PREMISES.
ELECfRlC ATI1C OR WHOLE HOUSE FANS. FIREPLACES, ELECTROSTATIC PRECIPATORf;
WINDOW AIR CONDmONERS (UNLESS THE SYSTEM HAS TIlE CAPABILITY OF INDooR-AIIt
CIRCULATION), AND OTHER EXTERNAL-INTERNAL.AIR EX:CHANGE SYSTEMS (OTHER THA~
A FURNACE), SHOULD NOT BE OPERATED DURING TIlE' 12 HOURS PRIOR TO TESTING O~
DURING TIlE TESTING PERIOD. I
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IT IS NECESSARY THAT THE ABOVE CLOSED HOUSE CONDmONS BE MET AS CLOSELY AS CAN BE
REASONABLY EXPECTED.
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ANTI-TAMPERING PROCEDURES
EPA GillDELINES RECOMMENDED THAT MEASUREMENT COMPANIES MAKE ACONSCIENTIOUS
EFFORT TO DETECf ANY ATIEMPTBYTIlE OCCUPANT OR ANYONE ELSE TO ALTER A RADON
MEASUREMENT WHICH MADE FORREAL ESTATE PURPOSES.
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IF YOU HAVE ANY QUESTIONS REGARDING THESE IMPORTANT HOUSE CONDmONS, CONTACT
YOUR RADON MEASUREMENT COMPANY!
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I'AGREE 1;'0 THE AFOREMENTIONED CONDmONS.
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SIGNED Npjor-INTERFF.RENCR AGRREMENT
DATES 1~/!o~
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Ma~ 29 02 03:04p
Richard C. Ga~~ne~, Esq.
717 975 9034
p.s
iNTERPRETATION OF SCREENING MEASlJREMENTS
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After the initial screening measurement has been taken, !bilow-up action should be taken in accordance with
the following recommendations:
Screening Measurement Ruommendation
Radon Levels
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01 I! 0-0.02
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4-,0 ' '
0.02-0.05
10-100 0.05-0.50
You have a relatively low probability of
avoidable health risk.
Follow-up measurements are probably not needed,
but may be made at your discretion.
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You should perform long-term measurements as soon ,
as practical. !
You shoul. d perform short-term fullow-up measuremenJ
as soon as possible. r
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Above 100 Above 0.50
You should perfonn short-tenn follow-up measurements
promptly and call P ADER.
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FOLLOW-UP MEASUREMENTS
The results off allow-up measurements. will enable a homenwner to make a well informed decision about
possible health risk and the need lor remedial action. As the decision to remediate often involves spending
a significant amount of money, follow-up measurements should be reliable and reproducible estimators
of the ,actual or maximum potential exposure of the occupants.
SUGGESTED METHODS FOR FOLLOW-UP MEASUREMENT
!F~~ow-up ,*~asurements should be performed in at least two locations within the house, preferably on the
'o~est livabl5 I~vel, the basement, and on on~ ?ther living level. The results from each location should be
r~re to I~tam an overall average for the lIVIng areas of the home
1ftne result bfthe screening measurement is between 4 pCi/I (0.02WL) and 10 pCiIL (O.05WL), a long-
teMt follow.,Up measurement to estimate the annual average concentration should be made. The occupant
SholJld consider using a measurement device, such as an alpha-track detector (AID) for long-term EIe, to
estimate the annual average concentration in the living area. An alternate, but less accurate. method f+
estimating an annual average is to use the average of short-tenn measurements made at particular intervals.
The year-long measurement is mOTe reliable for determining long-term exposure, because both short-tdrm
and seasonal variations will be incorporated into the annual estimate. All measurements made to est~te
annual averages, whether 12-month integrated or.a series of periodic measurements, should be made under
nonnalliving conditions rather than "closed-house" conditions. The results of the measurement in each living
area are averaged to estimate the annual average. '
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If the result ofthe screening measurement is between 10 pCiJI (O.OSWL) and 100 pCiJI (O.SOWL), a short-
term follow-up mll1lSUrement should be made as soon as practical. A short-tenn follow-up measurement
will minimize additional exposure while providing a reproducible results than can be utilized to estimate
the annual average concentration.
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NOTE: All scteening and follow-up measurements are made in acconlance with "Protocols for Radon and
i . I' maj9~ Radon decay products." l'\, 1-.
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P.O.~ ~1i;RiiS.. I PRO"CT
Due on receipt
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RATE AMOUNT
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Ma~ 29 02 03:04p
Richard C. Gaffne~, Esq.
717 975 9034
II' .' iD&D Septic & Toilet Rentals
:35 West North Street
Carlisle, PA 17013
DATE
5/1612002
.-.-....
BILL TO
~,.----._._-~.--- .-..-
George L. Ebener & Associates
c/o Ri;)ger Persik
.139 'Yes1 High Street
Carli~le, P A 17013
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QUANTITY
DESCRIPTION
:
JOB ADDRESS: 63 Red Tank Road, Boiling Springs,
PA
SELLER: Dawn & Eugene Nelson
. DESCRIPTION OF WORK:
5/1Qt02 - Locate pipe in basement leading.toseplic tank.
Move backhoe to project. Remove' bumt lumber and
I ' poison ivy from apparent loeation of septic tank.
Exc~':'ate and locate t~rra-cotta pipe leading from house
t'OwJ..~s yard. Move debri again and eventually locate
tank1'fff to side behind swmner kiwhen. Remove all dirt
on taw\; lids. 1
5/13/02 - Cut center concrete lid in half with diamond
saw. Remove lid with backhoe for pumping. Tank
detennined to be beyond it's usable life. Reset lids on
,tank. Install yellow caution tape around tank site to
warn. ofinherent danger. Backfill trench leading to tank.
14.5 hours @$50.001hr
State
725.00
6.00%
Thank you for your business.
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$725.00
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Rich~rd c. G~ffne~, Esq.
717 975 9034
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FROM ,: DYE'S FLOORING
FAX NO. 717 2497726
May. 16 20~2 10:31AM P1
I: & 0 SI,lieSemce & ""I.I.tals
35 West North Street \
Carlisle, P A 17013 i
Cumberland
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Plione 717 249-1082
Fax 717 249-7726
May 16,2001
George L. Ebener & Associates
c/o Roger Persik
139 West High Street
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: I PI:IONE: ~7'17) 243-6195 FAX#245.Q699
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, ,::Da~: & Eugene Nelson ~ .
j Septif Tank Replacement at 63 Red Tank Road, Boiling Springs, P A
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D\'lIl Roger or Whom It May Concern,
As requested, the following is our estimate to replace the septic tank at 63 Red Tank Road, in
Boiling Springs, P A. '
ESTIMATE
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DESCRIPTION OF PROJECT:
G~t required septio repair permit from township, pump out existing septic tank and grease trap in
basement. Remove existing concrete lIl1d cinder block septio tank and dispose of rubble. Back
fill and compact remaining hole up to proper grade to set new 1250 gallon two compartment
septic tank. Back fill and compact soil arolUld new tank up to finish grade. Remove grease tmp
from basement and replace with new pipe. Attach new 4" PVC pipe to existing plumbing in
~ement and fW1 it to new septic tank. l'nstall cleanout both inside and omside of basement
nu.... Seal, around PVC p.pe at foundation. Extend all septio tank access holes to proper height
~~ Za"Fl filter in outlet baffel. Install new dislribution box. Run 4" PVC from outlet baffel
l\>'. i distri.' ." .bJbn box. Co. nneet existing drain tiles to distribution box. Backfill and restore yard t.o
, Ill' ginal j1e. Rake and seed all distuIbed areas_ Real Estate Certification for Dew septic tank.
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: J.U;MS NOT INCLUDED IN PROJECT:
," Labor and materials required to deal with underground spring&
.. Other unknown problems ,!lot nonnaly encolUltered installing a replacement septic tank
Sinee..ely,
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May 20, 2002
Jackie Verney (Buyer's Attorney)
. Robert Mulderig
Courtney Kishel
Subject: 63 Red Tank, Boiling Springs, PA 17007
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, Additional material being forwarded for your review and action.
1. ~ddendum mentioned in letter dated 5/14/02 requiring E. Nelson's signature. This
jl9dendum simply eliminates 2 items from contract which Mr. E. Nelson refused
t~ accept and buyer(s) have agreed to remove from contract. .~ti!l!.equir~
. .~~~~~. signature.
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2. Pictures of septic tank F.Y.I. (review) showing concrete "Cinder Block" tank
which DID NOT PASS INSPECTION. Bill to date and estimate to repair was
furnished in package sent on 5/14/02.
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By the time each p(ll1y receives this memo. we will have less than 3 weeks to
complete this work prior to settlement on June 14, 2002. ,This is a very busy time
of the year for contractor's and sub-contractors and their schedules require at least
a one week's notice to even get on their schedules.
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Needless to say; time to schedule and get the work accomplished is growing Sho~rt ;
and I need approvals to have this work performed by Friday, May 24, 2002 in
order to insure it's completion by the settlement date.
- . ... .
::I. In speaking to Dawn Nelson, she has agreed in principle to having items
mentioned in 5/14/02 letter repaired at seller's expense, but w.E..!!~ a8!~.!'~
,Jj:om Mr. E. Nelson to proceed with repairs. The same is true of this letter. Dawn
~elson agrees to have repairs completed. Mv best guess estimates on the
~hirnney, water line, and Taylor Stove repairs are as follows:
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'I - Chimney Repairs and certification @ $285.00 - D ~ "..;'. ,,-
WaterLine Repairs (Digging & Repair) @ 265.00 -1)?)J'J'c,
Taylor Stove Fan Repair @ 245.00 -1I'/.'i'5"""
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Note: These are ''SWAG'S'' but, I think they are within reasonable limits. These
will be seller's costs.-"'."""'-
If you have any questions regarding contents of this letter, please call me.
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1 Agent - Ebener Reahors
CC: D. Nelson
E. Nelson
M1M Merlina
Delores Kidd (Mort. Co.)
Ebener File
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JUN 1 8 2001'-1i-
DAWN NELSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV AN1A
v.
: CIVIL ACTION - LAW
: IN DIVORCE
EUGENE 1. NELSON, JR.,
Defendant
: NO. 00-8193
DEFENDANT'S PRE-TRIAL STATEMENT
AND NOW, cornes the Defendant, Eugene 1. Nelson, Jr., by his attorneys, the Family law
Clinic, and presents the following pre-trial statement:
The plaintiff is Dawn Nelson ("Wife"), and the defendant is Eugene 1. Nelson, Jr.
("Husband"). The grounds for divorce in this rnatter are g3301(a)(1), (2), and (6); g3301(c) and
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g3301(d). The issue before this court is equitable distribution.
Other facts important to this matter: The parties were rnarried on September 22, 1984.
The parties separated on September 16, 2000 and have continued to live separate and apart since
that time. This is the date of final separation.
Additional Discovery. Mr. Nelson requires additional information on a number of issues,
including, but not limited to, pension/retirement accounts, marital debt, and valuation
information regarding the marital residence. Accordingly, the Family Law Clinic intends to
serve Interrogatories and Requests for Production of Documents on counsel for Wife, shortly.
The following information relates to the equitable distribution claim:
1. Assets.
Husband sets forth the following marital and non-marital assets:
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Estimated Value / Date of Valuation
Liens / Encumbrances
Farm
63 Red Tank Rd.
Boiling Springs, P A
$175,000/1999
Est. $52, 000 mortgage
Plaintiff's
Pension
Unknown
None
Chess Set
Unknown
None
6 Lighted
Christmas Houses
Unknown
None
Christmas Unknown None
Decorations
2 Christmas Approx. $20 each None
Wreaths
3 Decorative Approx. $20 each None
Wreaths
Kitchen table and Unknown None
chairs (16 yrs. old)
Dining Room table Unknown None
and chairs
China Hutch Unknown None
Paint sprayer and Unknown None
accessories
CDs and tapes Unknown None
Towels and Unknown None
washcloths
Refrigerator Approx. $100 None
2 Scenic paintings Approx. $30 each None
Books Unknown None
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Chest freezer Unknown None
Master Bedroom $700/ 1996 None
furniture
Brass Bedroom $300/ 1996 None
Set
Bedroom Set $700 / 1996 None
Plaintiff s $1700 in 1996 None
Diamond Ring
Bathroom closet Unknown None
TV set Unknown None
Microwave Unknown None
Coffee table Unknown None
2 or 3 Sets of Unknown None
wall sconces
Magazine table Unknown None
Couches $3000 / 1996 None
VCR Unknown None
Free-standing Unknown None
mIrror
Dishes Unknown None
Glasses Unknown None
Pots, pans Unknown None
Defendant's $30 each / 1995 None
3 Western necklaces
Plaintiff s $30 each / 1995 None
2 or 3 Western
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Necklaces
Washer / Dryer Unknown None
(16 years old)
Computer $1200/1997 None
Printer Unknown None
2 Computer Unknown None
Keyboards
Stereo Unknown None
1988 F150 Unknown None
1988 F350 Unknown None
1985 F150 Unknown None
(Does not run)
Butcher Unknown None
equipment
Rotor-tiller Unknown None
Dishwasher Unknown None
Trash $100/1996 None
compactor
Flatware Unknown None
20 Teapots Unknown None
Collectable Unknown None
tins
Generator Unknown None
(sold by Wife)
Wood stove Unknown None
(sold by Wife)
Western Ring Approx. $20 None
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Vertical feed $80/1996 None
mixer
Corn sheller Unknown None
Hog $100/1994 None
de- hairer
Subam Unknown None
Saw mandrel Unknown None
Chain saw Unknown None
(12 years old)
4-Row corn Unknown None
planter
Bread maker Unknown None
Kitchen Aid Unknown None
rnixer/grinderl
stuffer
Misc. Knick- Unknown None
knacks (in living
room)
Tractor (sold by Wife) Unknown None
(collector's item)
John Deere Unknown None
tractor
Gravity bin Unknown None
wagon
Orchard disc Unknown None
& culti-packer
Boom sprayer Unknown None
2-Row Unknown None
cultivator
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Butcher Unknown None
knife set
Quilts, Unknown None
blankets, etc.
Hoses Unknown None
Rakes Unknown None
Shovels Unknown None
Wood lathe Unknown None
4 Sanders Unknown None
16' Ladder Unknown None
40' Ladder $175/1995 None
Corn elevator Unknown None
Hay wagon Unknown None
Wood stove Unknown None
11 Crocks Unknown None
Door stops Unknown None
Vases Unknown None
Rock frorn Unknown None
Crazy Horse
statue
Candlesticks Unknown None
Sunline $2200 / 1995 None
camper
Sweeper Unknown None
Silver set Unknown None
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Sewing
machine
Unknown
RCA dish
system
$99/1999
Formal
glassware
Unknown
China
Unknown
6' Step ladder
Unknown
Welder
Unknown
Car CD
Player
Unknown
Video camera &
Accessories
Unknown
2 Cameras
Unknown
None
None
None
None
None
None
None
None
None
Husband reserves the right to supplement the list of rnarital property.
Non-Marital
Plaintiff's
silver wreath
Estimated Value I Date of Valuation
Unknown
Defendant's
glass boot
Unknown
Defendant's drop-
leaf table
Unknown
Defendant's books
Unknown
Plaintiff's end
table
Unknown
Plaintiff's phone
table
Unknown
Defendant's tarps
Unknown
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Liens I Encumbrances
None
None
None
None
None
None
None
Plaintiff's colored Unknown None
glassware
Defendant's Tab1e- Unknown None
top boxes
Defendant's electric Unknown None
grill
Defendant's pool Unknown None
stick and case
Husband reserves the right to supplement the list of non-marital property.
2. Experts. At this time, Husband has not identified any experts. Husband may call the
individual who performed the most recent property evaluation. Husband reserves the right to call
additional expert witnesses, to the extent that Wife's discovery responses disclose the need.
3. Witnesses. Eugene 1. Nelson will be a witness.
4. Exhibits. Exhibit "A". Husband's Income and Expense Statement.
Wife lives in the rnarital residence and has the documentation regarding the marital
property and marital debt. Husband reserves the right to supplement with additional exhibits
after receipt of discovery responses.
5. Gross Income. Husband does not have copies of the 2000 Federal and state tax
returns. Wife has possession of the retums. See Exhibit "A".
6. Expenses. See Income and Expense Statement. Exhibit "A".
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7. Pension. Husband requests that Wife provide the Family Law Clinic with the
name and telephone number of the plan administrator and sign a release, if necessary, so that he
can obtain information regarding pensions and/or retirement or profit-sharing accounts..
8. Counsel Fees. N/A.
9. Personal Property. Husband believes the following items of personal property are in
dispute:
(a) Christmas decorations
(b) Kitchen tables and chairs
( c) Master bedroorn set
I
(d) Coffee table
( e) Western necklaces
(f) Drop-leaf table
(g) TV set
(h) Magazine table
(i) Bathroom linen closet
(j) Wall sconces
(k) Microwave oven
10. Marital Debts.
Creditor Amount of Debt at Separation
Date Incurred / Amount Payments
Since
Seuaration
Mortgage
Unknown
1999/ $52,000
Unknown
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Defendant has no information on any debts which may have accrued during the marriage,
and reserves the right to supplement this list to the extent that he becomes aware of additional
marital debt.
11. Proposed Resolution of the Economic Issues. Husband proposes that the marital
residence be sold and the proceeds from the sale be distributed equally between Husband and
Wife. Husband further proposes that he be reimbursed for the $30,000 of pre-rnarital funds he
used as a down payment on the marital residence. Husband also proposes that the following
items of personal property be distributed to him:
(a) One-half of the Christmas decorations
(b) Kitchen table and chairs
(c) Master bedroom set and sheets
(d) Coffee table
(e) Husband's 3 Western necklaces
(f) Drop-leaf table (separate property)
(g) TV set
(h) Magazine table
(i) Bathroom linen closet
(j) One-half of the wall sconces
(k) Chess set
(1) Paint sprayer and accessories
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(m) CDs and tapes Husband made and purchased
(n) One-half of the towels and washcloths
(0) Refrigerator
(p) One-half of the paintings
(q) One-half of the books
(r) Chest freezer
(s) 1988 F150
(t) 1988 F350
(u) 1985 F150
(v) Butcher tables and equipment
(w) 16' and 40' ladders
(x) Other rnisc. tools Husband uses for his work
DateJ.uu /8, :uoJ
Respectfully submitted,
~~
Certified Legal Intern
--, 1
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T S M. PLACE -
ROBERT E. RAINS
TERl L. HENNING
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717-243-2968
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In the Court of Common Pleas of Clll'YIb<.ArlOJV County, Pennsylvania
Phone:
Fax:
Plaintiff Name: D1wn Ne.I$OYl
Defendant Name: EL.l~ J. Ne1Wlj Jv.
Docket Number: 00- B ICJ3
PACSES Case Number:
Other State ID Number:
Please note: All correspoodence must include lhe P ACSES Case NlUllber.
Income and Exoense Statement
THIS FORM MUST BE FILLED OUT
(If you are self-employed or if you are salaried by a business of which you are owner in whole or pan. you must
also /ill ouc the SupplemencaJ Income Stacemenc which appears on page cwo of this income and expense
slatement)
t'~v.
NWmJ, ~V.
INCOME STATEMENT OF
Section I: Income and Insurance
INCOME: en I f PM... 011/ I BrJ
Employer ~
Address ~
Type of Work ~,
Payroll No. Gross Pay per Pay Period S
Pay Period (wkly.. bi-wkly., ele.)
Cternized Payroll Deductions:
Federal Wilhholding
Stale Income Tax
Credif Union
Otller Deductions (specify)
s
s
s
Social Security
Retirement
Life Insurance
s
s
s
s
s
Local Wage Tax
Saving. Bonds
Heallh Insu..nce
s
s
s
s
s
Ne! Pay per Pay Period $
OTHER
INCOME
(Fill in Ap ropriate Column)
WEEK MONTH YEAR
S S $
PROPERTY
OWNED
OlVnership .
Interest
Dividends
Pension
Annuitv
Social Security
Rents
Royalties
Expense AcCOUnt
Gifts
Unem lovrnent
Worlcmen's
Com ensJlion
Other
Other
TOTAL S
TOTAL INCOME S
DESCRIPTION
Checking Accounts U I
VALUE H
s (;0
Saving. Accounts
ClCdit Union
Real Eslat
DIller
TOTAL
S \15DIRO
S
S
. H=Husband; W=Wife: J=Joint
EKHIBIT "A"
Form IN-ODS
Worker ID
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Service Tvpe
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Income and Expense Statement
PACSES Case Number
Coverage'
INSURANCE POUCY # H W C
COMPANY
HosoitaI " \f\ IAn
Blue Cross
Olhcr I \I \}IV \IJ
Medical 1\ IrlV\/J
Blue Shield
Omer '''VII\,...-
Hcalth/ Accidenr
Disability Income
Delllal
Other
· H=Husband; W=Wife; C=Child
Section fl: Supplemental Income Stalement
3. This Conn is to be HUed out by a person
&" (J) who operates a business or practices a professionr or
o (2) who is a member of a partnership or joint venom:. or
o (3) who is a sba:ceholdcr in and is salaried by a closed corporation or similar enll!\"
b. Anach 10 this stalemeDl a copy of the foJlowing documentS relating 10 the pannership. )OllU Hn:U~. ~;.l\.ne~1. rroic:ssion.
corporation or similar entity:
(I) the most recent Fedcrallncomc Tax Return. and
(1) [he most recent Profd and Loss Slatement
c. Name of business:
Address and telephone number:
d. Nature of business (cbea. ODe)
o (I) pannership
o (!) joint ventUre
o (3) profession
o (4) closed corporation
W (5) olber
e. Name of accoUnlaR1. controller or other person in charge or fmancial records:
f.
Annual ID'O~ from )UIeSOOO ~ 1J600
(I) How often is intorhc received?
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(2) Gross income per pay period:
(3) Net income: per pay period:
(4) Specified deductions. irany:
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Income and Expense Slatemem
Section 1II: EXDeRSe5
PACSES Case Numher
Instructions: Only show extnlllrdiuary expenses in this section unless you flll~d out Section rr on pag.e' IWll. The categories
in nOLD FONT are e'pecially imporlllnt for caIculaling child ,uppan. If you are reque'ting Spousal SupponlAPL or if
you assert your ca,e cannol be detennined according 10 the guideline grids or fonnula. thi, ,ection musl be funy completed.
(Fdl in Appropriate Column)
EXPENSES
WEEK
MONTH
YEAR
Home
s
S I
S
Mortgagel
Maintenance
Utilities
8ectric
Gas
Oil
TeJephone
Water
Sewer
Em lovment
Public Transpon. S
Lunrb
S
s
S
S
s
Taxes
Real estate $
Personal Property
Insurance
Homeowner's $
AUlOmobiJe
Life
Accident
Health
Dlhcr
Automobile
Paymerns S
Fuel
Repairs
Medical
Doclor . S
Dentist
OrthodoDlisl
Hospital
Medicine
n
(glasses, braces,
ortbo . erices
S
S
S
S
S
S
S
S
EXPENSES (Fill in Appropriate Column)
(continued) WEEK MONTH YEAR
F.ducation
Private School S S S
ParodIiaI Scbool
College
Religious
Personal
Clothing S S $
Food
_rl
i
Credit Payments ilmf?1. 100
Credit Card (JIiJ I JDO
Charge
Membership,
Loans
Credit Union $ S S
Miscellaneous
Household Help S S $
CbDd care
Paperslboolai
M"17nines
Emcnairunent
Pay TV
Vacation
Gifts
Legal fees
ChantJlble
~ution"
r\;bild
C"n~~
AJilDony
P......co'"
Other
$ S S
,-----
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I ~~es: I S WEEK S MttoH S Y4:~O I
f verify tbat the statements made in this [ncome and Expense Statement are tme and correct I understand that false
statements herein are subject to the criminal penaltie, of 18 Pa. e.s. ~ 4904. relating to unsworn falsification to authorities.
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VERIFICATION
I verify that the statements made in this Pre-Trial Staternent are true and correct. I
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relating to unsworn falsification to authorities.
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DAWN NELSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: CNIL ACTION - LAW
: IN DIVORCE
EUGENE 1. NELSON, JR.,
Defendant
: NO. 00-8193
CIVIL TERM
CERTIFICATE OF SERVICE
I, Michelle L. Anderson, hereby certifY that I am serving a true and correct copy of
Defendant's Pre-Trial Statement for defendant, Eugene 1. Nelson, Jr., on the following person,
counsel for plaintiff, by depositing a copy of the same in the United States mail, postage prepaid,
this 18th day ofJune, 2001:
Richard C. Gaffney, Esquire
2120 Market Street
Suite 101
Camp Hill, PA 17011
c,)juiJJ !!fj2/JdL~
Michelle L. And
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717-243-2968
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RICHARD C. GAFFNEY, MBA,
ESQillRE
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ATTORNEYS AT LAW
TELEPHONE:
TOLL. FREE:
FACSIMILE:
E-MAIL:
Web:
717.234.2401
800.822.9757
717.234.3611
RGaffney@sasllp.com
www.sasllp.com
FileNo.
6762-1-4
December 30, 2002
E. Robert Elicker, II
Office of Divorce Master
Cumberland County Court of Common Pleas
9 North Hanover Street
Carlisle, P A 17013
Re: Dawn Nelson v. Eugene Nelson
Cumberland County C.C.P. No. 2000-8193
Dear Master Elicker;
Please schedul~alviaster's Hearingiri the ab6vecaptiQlied'matJ;er at your earliest
convenience. The matter is ripe for resolution, Thehistoryofthiscase is as follows:
1. On November 20, 2000, plaintiff filed a complaint in divorce.
2. On January 19, 2001, plaintiff filed a petition for special relief.
3. On January 30, 2001, the Court issued a Rule on defendant.
4. On February 5, 2001, plaintiff filed an affidavit of service of the complaint on the
defendant.
5. On February 9, 2001, the Court held a hearing on plaintiffs petition for special relief.
6. On February 9, 2001, the Court entered an Agreement and Consent Order based on
plaintiff s petition for special relief.
7. On March 9, 2001, plaintiff filed a petition for appointment ofa Master.
8. On March 12,2001, the Court appointed the Master.
9. On June 18,2001, plaintiff filed her Pre-trial statement.
10. On June 18,2001, defendant filed his Pre-trial statement.
11. On October 30, 2001, the Master held a conference with the parties and their counsel.
12. On October 30,2001, following the conference, the Master Ordered that the marital
residence be listed for sale.
13. On February 20, 2002, the parties listed the marital rt;isidence for sale.
14. . On June 14, 2002, the parties sold the marital residence to M/M Melina. for the sum of
i$220,000.00.
4431 North Front Street. Harrisbur~. Pennsvlvania 17110-1709
A PENNSYLVANIA LIMITED LIABILITY PARTNERSHIP
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MASTER E. ROBERT ELICKER, II
DECEMBER 30, 2002
PAGE 2
15. On June 14,2002, plaintiff's counsel deposited the net proceeds of the sale,
$139,684.37, into an interest bearing escrow account at Pennsylvania State Bank.
16. On June 25, 2002, the parties agreed to withdraw from the escrow account, the sum of
$25,000.00 payable to Eugene Nelson and the sum of $25,000.00 payable to Dawn
Nelson, as advances on the parties' distributive share of the marital estate.
In addition to the proceeds from the sale of the marital residence, the parties own certain
personal property, most of which has been divided between them, but some of which remains the
subject of dispute. The parties are unable to reach agreement on the value of the marital estate
and on each party's equitable share of the marital estate.
Wherefore, plaintiff respectfully requests that the Master issue an Order scheduling a date
for a hearing on this matter and a date for filing Pre-Hearing Statements. By copy of this letter,
the undersigned counsel is providing notice to opposing counsel of our request to schedule a
Master's Hearing.
Very truly yours,
SMIGEL, ANDERSON & SACKS, LLP
f6vchcuJ
Richard C. Gaffney, MBA, EsqUire
Cc: Robert Mu1derig, Esquire
Counsel to Eugene Nelson
Dawn Nelson
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MRS. NELSON'S TOTAL EXPENSES
PAID DURING SEPARATION
TOTAL PAID MR. NELSON'S SHARE
BY MRS. NELSON SHARE IF DIVIDED EOUALL Y
Mortgage $ 7,086.66 $3,543.33
Second Mortgage 500.00 250.00
Home Maintenance 1,327.00 663.50
IRS (bill from 1998) 720.00 360.00
Wachovia MasterCard 3,599.91 1,799.96
(25.9%APR)
Sears Charge Card 672.28 336.14
(21% APR)
Homeowners Insurance 1,499.00 749.50
(inc1. 11/01)
Attny Bill (Lauer) 884.11 442.05
Furnace Repair (parts) 146.81 73.40
Water Heater 332.83 167.82
Real Estate Tax 218.001 109.00
Locks 570.28 285.14
Trash Removal 318.00 159.00
TOTAL:
$17,874.88
$8,937.44
I As of 10/29/01, the balance on the real estate taXes totaled $1,374.00. Mrs. Nelson has cashed checks
from various individuals and applied this money to pay on real estate taXes. The checks total $1,156.00.
Therefure, the remaining balance is $218.00, which is herein noted, although there is no statement available
at this time to reflect such.
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THE PARTIES' MARITAL DEBT2
Mortgage $49,203.43 (currently paid by Mrs. Nelson)
Second Mortgage $ 4,995.43 (currently paid by Mrs. Nelson)
IRS $ 1,044.92 (currently paid by Mrs. Nelson)
Real Estate Taxes 218.00 (currently paid by Mrs. Nelson)
Tax Preparation 156.00 (currently paid by Mrs. Nelson)
Sears credit card 672.28 (currently paid by Mrs. Nelson)
Wachovia MasterCard 3,599.91 (currently paid by Mrs. Nelson)
Attorney fees 884.11 (currently paid by Mrs. Nelson)
Loan against 401(k) 18.678.11 (currently paid by Mrs. Nelson)
TOTAL MARITAL: $79,452.19
DEBT
2 Marital debt is calculated as of November 19, 2001.
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EXHIBIT A:
MARITAL ASSETS AND NET WORml
ASSET
FMV
NET
LIABILITIES VALUE
SEPARATE MARITAL
PROPERTY PROPERTY
401 (K) $ 45,816.92 $ 18,678.11 $ 27,138.81 $ 8,955.81 $ 18,183.00
Pension $ 55,101.43 ___ ,oM $ 55,101.43 $18,183.47 $ 36,917.96
Residence $233,850.00 $ 54,198.86 $179,651.14 ..----- $179,651.14
Bank ACCOlUlt $ 450.00 ------- $ 450.00 ---- - $ 450.00
Camper $ 2,000.00 ------ $ 2,000.00 --- $ 2,000.00
Cattle & $ 3,725.95 --"'..--- $ 3,725.95 ------- $ 3,725.95
Rototiller
Trade-In $ 500.00 ----- $ 500.00 ------- $ 500.00
Vehicle in Mrs.
Nelson's
possession.
Mr. Nelson's $ 1,205.00 ----..-- $ 1,205.00 ------- $ 1,205.00
Vehicle #1'
Mr. Nelson's $ 4,530.00 ------ $ 4,530.00 .. ..--- $ 4,530.00
Vehicie #2
Mr. Nelson's $ 2,145.00 ------- $ 2,145.00 ------ $ 2,145.00
Vehicle #3
TOTALS:
$349,324.30
$ 72,876.97
$276,447.33
$ 27,139.28 $ 249,308.05
1 The diagram pertains to only those martial assets whose value is certain. The value of those marital assets
removed and sold by Mr. Nelson without Mrs. Nelson's permission, cannot be determined and is therefore
not incorporated into this~.
2 The fuir market value Of each automobile has been determined by Kelly Blue Book Co.
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plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAWN NELSON,
VS.
CIVIL ACTION - LAW
NO. 00 - 8193 CIVIL
EUGENE NELSON, SR.,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND THE PARTIES
TO: Richard C. Gaffney
and Courtney L. Kishel
Dawn Nelson
, Counsel for Plaintiff
, plaintiff
Robert J. Mulderig
Eugene Nelson, Sr.
Counsel for Defendant
, Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 19th day of November 2001, at 1:30
p.m., with counsel and the parties to discuss the
outstanding economic issues to determine if there is a basis
of settlement of claims. If issues remain after the
conference, a hearing will be scheduled at another date.
Very truly yours,
Date of Notice:
October 30, 2001
E. Robert Elicker, II
Divorce Master
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAWN NELSON,
VS.
CIVIL ACTION - LAW
NO. 00 - 8193 CIVIL
EUGENE J. NELSON, JR.,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Richard C. Gaffney
, Attorney for Plaintiff
Family Law Clinic
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 29th day of October 2001, at
9:30 a.m., at which time we will review the pre-trial
statements previously filed by counsel, define issues,
identify witnesses, explore the possibility of settlement
and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 8/29/01
E. Robert Elicker, II
Divorce Master
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
West Shore
697 -0371 Exl 6535
Apri12,2001
Richard C. Gaffney, Esquire
2120 Market Street
Suite 101
Camp Hill, PA 17011
Eugene 1. Nelson, Jr.
2415 Countyline Road
YorkSprings,PA 17372
RE: Dawn Nelson vs. Eugene 1. Nelson, Jr.
No. 00 - 8193 Civil
In Divorce
Dear Mr. Gaffney and Mr. Nelson:
The Master was appointed by order of Judge Hoffer dated March 12, 2001. A
review of the file shows that the grounds for divorce are irretrievable breakdown of the
marriage, adultery, willful and malicious desertion and indignities. I assume, however,
that grounds for divorce are not at issue and that the parties will either sign affidavits of
consent or have been separated for a period in excess of two years.
The complaint also raised the economic claim of equitable distribution.
In accordance with P.R.C.P. 1920.33(b) I am directing Mr. Gaffney as counsel for
Dawn Nelson, and Mr. Nelson, who apparently is representing himself, to each file a
pretrial statement on or before Friday, April 27, 2001. Upon receipt of the pretrial
statements, I will immediately schedule a pre-hearing conference with counsel for wife,
and Mr. Nelson, if he remains unrepresented, to discuss the issues and, if necessary,
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2 April 2001
Page 2
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.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAWN NELSON,
PLAINTIFF
NO. 00-8193 CIVIL TERM
v.
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IN DIVORCE
EUGENE J. NELSON, JR.,
CERTIFICATE OF SERVICE
I, the undersigned, certifY that I served a copy of the Petition for Special Relief in
the Form of an Injunction Preventing Removal, Disposition, Encumbering or Alienation
of Property Under ~3505(a) or ~3323(t) of the Divorce Colde and PaR.C.P. 1920.43(a)
on the following counsel via First Class U.S. Mail, postage prepaid:
Lindsay Baird, Esquire
37 S. Hanover St.
Carlisle, PA 17013
DATED: " /q . 0 I
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IN THE COURT OF COMMON PLEAS OF
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DAWN NELSON,
PLAINTIFF
NO. 00-8193 CML TERM
v.
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IN DIVORCE
EUGENE J. NELSON, JR.,
CONSENT ORDER
AND NOW, this 9th day of February, 2001, in consideration of Petitioner's
Petition for Special Relief in the Form of an Injunction Preventing Removal, Disposition,
Encumbering or Alienation of Property and in consideration of Respondent's response to
the Ru1e to Show Cause, and in consideration of an agreement reached between the
parties and their respective counsel, the following ORDER is hereby entered:
(1) Petitioner and Respondent will prepare lists of personal property, both marital and
separate. The parties will negotiate and mutually agree on the distribution of said
property.
(2) Petitioner and Respondent will negotiate and agree on a date and time when
Respondent may remove his property from the marital residence at 63 Red Tank
Road, Boiling Springs, Cumberland County, Pennsylvania.
(3) Neither the Petitioner nor the Respondent shall dissipate any of the marital assets
prior to an Order of Court concerning the equitable distribution of the marital
estate..
(4) Respondent shall not enter the marital residence when it is occupied by the
Petitioner.
(5) The Agreement of the parties with respect to the subject matter of this Consent
Order is attached hereto and is hereby incorporated into' ent Order.
J.
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DAWN NELSON,
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NO. 00-8193 CIVIL TERM
v.
IN DIVORCE
EUGENE J. NELSON, JR.,
AGREEMENT
This Agreement is made effective as of this 9th day of Febmary, 2001, by and
between Dawn Nelson ("Petitioner") and Eugene J. Nelson, Jr. ("Respondent") in
settlement of Petitioner's PETITION FOR SPECIAL RELIEF IN THE FORM OF AN
INJUNCTION PREVENTING REMOVAL, DISPOSITION, ENCUMBERING OR
ALIENATION OF PROPERTY UNDER g3505(a) OR g3323(t) OF THE DIVORCE
CODE AND Pa. R.C.P. 1920.43(a), which petition is pending before the Cumberland
County Court of Common Pleas and is scheduled for hearing at 2:00 PM this same date.
Intending to be legally bound thereby, the parties agree as follows:
(1) Petitioner and Respondent will prepare lists of personal property, both marital and
separate. The parties will negotiate and mutually agree on the distribution of said
property.
(2) Petitioner and Respondent will negotiate and agree on a date and time when
Respondent may remove his property from the marital residence at 63 Red Tank
Road, Boiling Springs, Cumberland County, Pennsylvania.
(3) Neither the Petitioner nor the Respondent shall dissipate any of the marital assets
prior to an Order of Court concerning the equitable distribution of the marital
estate.
(4) Respondent shall not enter the marital residence when it is occupied by the
Petitioner.
(5) Petitioner and Respondent intend that this Agreement will be incorporated into a
Consent Decree and will made effective and enforceable as an Order of court.
~~
Dawn Nelson (petitioner)
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DAWN NELSON
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
EUGENE J. NELSON, JR. : NO. 2000-8193 CIVIL TERM
ORDER OF COURT
AND NOW, this 9TH day of APRIL, 2001, a Rule is issued upon defendant
Eugene J. Nelson, Jr., to Show Cause why his attorney should not be granted leave to
withdraw as counsel in this matter.
Rule returnable fifteen (15) days after service.
Lindsay D. Baird, Esquire
Edward E. Gui 0, J. ,~
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Jennifer M. Koontz, Esquire
Eugene Nelson, Esquire
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· LAW OFFICES OF ·
RICHARD C. GAFFNEY
April 19, 2001
E. Robert Elicker, II
Office of Divorce Master
Cumberland County Court of Common Pleas
9 North Hanover Street
Carlisle, P A 17013
RE: Dawn Nelson v. Eugene J. Nelson, Jr.
Docket No. 00-8193 Civil- In Divorce
Dear Master Elicker:
This letter will confirm our telephone conversation this morning wherein you
granted the parties an extension oftime within which to file the Pre-Trial Statement until
May 4, 2001.
The opposing party, Eugene 1. Nelson, Jr., is unrepresented by counsel. By copy
ofthis letter, I am notifying Mr. Nelson that his Pre-Trial Statement is due to the Master
on or before Friday, May 4, 2001.
Very truly yours,
\L~A-0-~
Richard C. Gaffney, MEA, Esquire
RCG/sgp
cc: E. Nelson, Jr.
D. Nelson
2120 MARKET STREET - SUITE 101- CAMP HILL, PENNSYLVANIA 17011
TELEPHONE: 717.975.9033- FACSIMILE: 717.975.9034- INTERNET:WWW.RCGLAW.COM
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DAWN NELSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 2000-8193 CIVIL TERM
EUGENE J. NELSON, JR.,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYL VANIA
ss.
COUNTY OF CUMBERLAND
Richard C. Gaffney, being duly sworn according to law, deposes and says that he is the
attorney for the Plaintiff in the above-captioned action; that on April 7, 2001, at 7:10 AM
Constable Roger C. Spitz (ID# B001517) personally delivered to Defendant at the address of
2415 County1ine Road, York Springs, P A 17372, a true and correct copy of the Complaint in
Divorce, duly endorsed with a Notice to Defend, by handing said Complaint in Divorce to a
woman named Deb (she refused to provide her last name) because Defendant refused to come to
the door to receive the papers; that on April 7, 2001, Defendant did personally receive said
Complaint in Divorce as evidenced by the signed Affidavit of Service form attached hereto; and
that the facts set forth in the within Affidavit are true and correct to the best of his information
and belief.
Jl<.~UA~~
Richard C. Gaffn
Attorney for Plaintiff
Sworn to and subscribed before me
this Oct!" day of ~ 2001.
QuoJ...6. ~
Notary Public
My commission expires:.1l112>!D'd
NOTARW.SEAL
eAPlIH G. FRUNOSKE. NoIIIy~
ClIIlillll!krn, CUmbII1/.Jlld Ccu1!y, PA
M CornmlasIan 13, 2002
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Plaintiff
v.
EUGENE NELSON
Defendant
AFFIDAVIT OF SERVICE
I, Roaer C. Soitz , being duly sworn according
to law, that I am over 18 years of age and not a party to the above-captioned action,
served and made KNOWN TO EUGENE NELSON ON THE 7TH DAY OF APRIL 2001
AT 7;10AM AT 2415 COUNTYLlNE RD YORK SPRINGS PA 17372 A ENVELOPE
THAT CONTAINED A DIVORCE COMPLANT issued in the above entitled case in the
manner described below:
[] Personally delivered them into the hands of the person to be served
[] Adult family member with whom that person resides. Relationship is
[] Agent or person in charge of person's offIce or usual place of business
[X I Other. DEB ( REFUSED TO GIVE LAST NAME). MR. NELSON REFUSED TO
COME TO THE DOOR TO RECEIVE PAPERS.
Descriotion of Recioient
Sex: Female Skin Color: Caucasian
Glasses: Yes
Height (approx.): 5'6"
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Hair Color: Sandy
Weight (approx.):135Ibs.
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Roger C.
Pennsylvania State Constable
Cumberland County
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FAMILY LAW CLINIC
A service to the community by students
from The Dickinson Sch,ool of Law
of The Pennsylvania State University
The Dale F..Shughart Community Law Center
45 North Pitt Street
Carlisle. PA 17013-2899
(717) 243-2968
Fax: (717) 243-3639
May 4,2001
E. Robert Elicker, II
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Dawn Nelson v. Eugene Nelson, Jr., No. 00-8193, Civil- In Divorce
Dear Master Elicker:
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I am writing to confirm my conversation with your office on May 3, 2001. First, the
Family Law Clinic has now entered an appearance on behalf of the defendant in this matter. I
have enclosed a copy of our Praecipe to Enter Appearance for your records.
Second, as I explained on the telephone, Mr. Nelson came into our office yesterday
asking for our assistance in this matter. At that time, he showed me a letter from Mr. Gaffney,
counsel for Mrs. Nelson, which stated that a Pre-Trial Staternent-was due to your office by today,
May 4, 2001. I am writing to formally request an extension of time for the filing of the Pre-Trial
Statements in this case.
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As you know, the Family Law Clinic is a student clinic. The office will not be staffed for
the summer until May 14,2001 (after fmal exams). Accordingly, I am requesting an extension
until mid- to late June for the filing of the Pre-Trial statement. I am hopeful that this will allow
an incorning student sufficient time to becorne familiar with the case and prepare the necessary
documentation. I have spoken to Mr. Gaffney by telephone, and he has consented to such an
extension.
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Thank you in advance for your assistance in this matter. Please contact me if you have
any questions or concerns.
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Enclosure
cc: Richard Gaffney, MBA, Esquire (w/enc.)
PENNSTATE
.. The Dickinson School of Law
An Equal Opportunity University
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DAWN NELSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
CIVIL ACTION - LAW
IN DIVORCE
EUGENE 1. NELSON, JR.,
Defendant
NO. 00-8193
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Please enter the appearance of the Family Law Clinic on behalf of Eugene 1. Nelson, Jr.,
the Defendant, in the above captioned matter.
Date: May 4, 2001
~~i/
ROBERT E. RAINS
TERl L. HENNING
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANlA
v.
CIVIL ACTION - LAW
IN DIVORCE
EUGENE 1. NELSON, JR.,
Defendant
NO. 00-8193
CERTIFICATE OF SERVICE
I, Ten L. Henning, Family Law Clinic, hereby certify that 1 am serving a true and correct
copy of the Praecipe to Ente! Afc'pearance on Richard C. Gaffney, MBA, Esquire, at 2120 Market
Street, Suite 101, Camp Hill, Pennsylvania, 17011, by depositing a copy of the same in the
United States mail, first class, postage prepaid, this 4th day of May, 2001.
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May 4, 2001
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
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DAWN NELSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANlA
v.
CNIL ACTION - LAW
IN DNORCE
EUGENE J. NELSON, JR.,
Defendant
NO. 00-8193
PRAECIPE TO ENTER APPEARANCE
To the Prothonotary:
Please enter the appearance of the Family Law Clinic on behalf of Eugene J. Nelson, Jr.,
the Defendant, in the above captioned matter.
Date: May 4,2001
~L ~'l
o S M. PLAC
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
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DAWN NELSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANlA
v.
CMLACTION - LAW
IN DIVORCE
EUGENE J. NELSON, JR.,
Defendant
NO. 00-8193
CERTIFICATE OF SERVICE
I, Teri L. Henning, Family Law Clinic, hereby certify that I am serving a true and correct
copy of the Praecipe to Enter Appearance on Richard C. Gaffney, MBA, Esquire, at 2120 Market
Street, Suite 101, Camp Hill, Pennsylvania, 17011, by depositing a copy of the same in the
United States mail, fIrst class, postage prepaid, this 4lh day of May, 2001.
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May 4,2001
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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September 29, 200 I
DAWN M NELSON
63 RED TANK ROAD
BOILING SPRINGS PA 17007
Loan Number: 0 I 0222277 5
Parcel Number: 40120342010
Dear DAWN M NELSON:
We previously notified you regarding the delinquent taxes on the ahove-mentioned
property, and requested that you provide proof of payment. As of the date of this
letter, we have not received proof of payment and the taxes remain unpaid.
This represeots a default under the terms of your Note and Mortgage/Deed of Trust.
If we do not receive proof of payment within 30 days from the date of this letter, HomEq Servicing
Corporation (HESC) will take any steps necessary to protect its interest in the property. In accordance
with terms of your MortagagelDeed of Trust, HESC may advance funds to protect its interest in your
property. If we pay the delinquent taxes, we may establish an escrow/impound account. Through
this account we will collect funds on a montWy basis to repay the amount advanced hy us on your
behalf and to establish a fund to pay future tax bills. If an escrow/impound account is established
and your property is located in a Special Flood Hazard Area, federal law requires that we also
escrow/impound sufficient funds to pay for current and or future flood insurance premiums. Creation
of an escrow/impound account for payment of real property taxes and/or flood insurance premiums
may result in a significantly higher total monthly payment for you.
If you have already paid these taxes or have made arrangements with the appropriate
tax agency, please forward proof of payment or written confirmation of your
arrangements within 30 days of the date of this letter to the foiloW:Ing address:
Transamerica Real Estate Tax Service
P.O. Box 509009
Dallas, Texas 75250-9009
Please note, this may be the final notification to you prior to protection action by HESC.
Thank you for your prompt attention to this matter. If you have any questions, please
call our Customer Service Department at 1-800-297-9166.
Delinquent Tax Unit
1..209813
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Loan Number: 0102222775
Parcel Number: 40120342010
If making payment after the redemption date shown, or if redemption amounts are not specified below,
please contact the Tax Collector.
Posting Date: Sep 13, 2001
Tax Year
First
2000/2000
$2,268.63
Please make payments to:
CUMBERLAND COUNTY
HANOVER HIGH STS
CARLISLE, PA 17013
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Second
Third
Fourth
l:!098B
IX
II
. THE LAW OFFICES OF .
RICHARD C. GAFFNEY
August 22, 2001
Office of the Divorce Master
Cumberland County
Mr. Robert Elicker, Esquire
13 North Hanover Street
Carlisle, PA 17013.
RE: Dawn Nelson v. Eugene J. Nelson, Jr.
Docket No. 00-8193 Civil- In Divorce
Dear Master Elicker:
We are in receipt of the Family Law Clinic's Petition to Withdraw as counsel in the
above captioned case. We will not oppose this petition.
Mr. Nelson had previously been represented by Lindsey Dare Baird, Esquire. At times
throughout this litigation, Mr. Nelson has proceeded to represent himself pro se. Mr. Nelson is
obviously familiar with the litigation process and is quite capable of retaining private counsel,
should he wish to do so.
We do not wish to See this matter postponed further and, for that reason, would object to
any further motions for continuance put forward by Mr. Nelson or his. attorneys. The Plaintiff in
this action, Dawn Nelson, has already certified that discovery is complete with respect to the
economic claims raised by her in this divorce action. Neither Mr. Nelson nor his attorneys have
engaged in discovery nor have we been served with any discovery requests on Mr. Nelson's
behalf. Accordingly, the matter is now ripe for disposition. Kindly schedule a pre-hearing
conference on your calendar at your earliest convenience.
Your attention to this matter is greatly appreciated.
Very truly yours,
Law Offices of Richard C. Gaffney
~~::,&.~
RCG:ns
cc: Dawn Nelson
2120 MARKET STREET. SUITE 101 . CAMP HILL, PENNSYLVANIA 17011
TELEPHONE: 717.975.9033 . FACSIMILE: 717.975,9034 . INTERNET: WWW.RCGLAW.COM
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· LAW OFFICES OF ·
RICHARD C. GAFFNEY
March 29, 2001
Office of the Divorce Master
Cumberland County
Mr. Robert Elicker, Esquire
13 North Hanover Street
Carlisle, PA 17013
Re: Dawn Nelson v. EUllene J. Nelson. Jr.
Docket No. 00-8193 Civil Term
Dear Attorney Elicker:
Enclosed please find the Certification that discovery is complete in the above
captioned matter.
Please also take note that Attorney Lindsey Baird has withdrawn from
representation of the Defendant and, to our knowledge, he is proceeding pro se.
Would vou like our office to serve the Certification on the defendant. or will vour
office do so? The address for the Defendant is as follows:
Mr. Eugene J. Nelson, Jr.
2415 Countyline Rd.
York Springs, PA 17372
Thank you for your assistance in this matter.
Very truly yours,
LAW OFFICES OF RICHARD C. GAFFNEY
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Jennifer M. Koontz, Esquire
\
2120 MARKET STREET. SUITE 101. CAMp HILL, PENNSYLVANIA 17011
TELEPHONE: 717.975.9033. FACSIMILE: 717.975.9034. INTERNET: WWW.RCGLAW.COM
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DAWN NELSON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 8193 CIVIL
EUGENE J. NELSON, JR.
Defendant
IN DIVORCE
TO: Richard C. Gaffney
Attorney for Plaintiff
Lindsay D. Baird Attorney for Defendant
DATE: Wednesday, March 21, 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.
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complete and indicate what action is being taken
to complete discovery.
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DATE
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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.
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IN THE COURT OF COMMON PLEAS OF
CUMB~RLAND-C{)UN'I'V, PENNS\'LVANJA
DAWN NELSON,
PLAINTIFF
NO. 00-81'1)3 CIVIL TERM
v.
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IN DIVORCE
EUGENE NELSON, JR.,
DEFENDANT
MOTION FOR APPOINTMENT OF MASTER
Dawn Nelson, Plaintiff, moves the court to appoint a master with respect to the
following claims:
( )
()
( )
()
Divorce
Annulment
Alimony
Alimony Pendente Lite
(X) Distribution of Property
() Support
() Counsel Fees
() Costs and Expenses
and in support of the motion states:
I. Discovery is complete as to the claim for which the appointment of a
master is requested.
2. The defendant has appeared in the action by his attorney, Lindsay Baird,
Esquire.
3. The statutory ground for divorce is 23 Pa.C.S. 93301(a), (c), and (d).
4. Tl;1e action is contested with-respect to the foHowing claims: Equitable
Distribution of the marital property and debt.
5. The action does not involve eomplex issues oflaw or fact.
6. The hearing is expected to take two to three hours.
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WHEREFORE, the Plaintiff respectfully requests the Court to appoint a master
with respect tothe distriOOtiooofthe property.
Date 3> /2>/01
, I
chard C. Gaffuey, E
Suite 101
2120 Market Street
Camp Hill, PA 17011
Telephone: T17.975.9033
Attorney for Plaintiff
AND NOW, this /Z.~Y-ef ~~Ol,~ebertElic-k~,E~quir~,
is appointed master with respect to the following claims: Equitable Distribution of
Property.
By the Court:
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PENNSYLVANIA
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I, Richard C. Gafihey, Esquire, hereby certify that I am serving a true and correct copy of
Motion for Appointment ofMa5ter-en L1ndsay~aira, -Esltuire, -c-eunsel fer-Defendant,
whose office is located at 37 S. Hanover Street, Carlisle, Cumberland County, PA 17013,
by deposipng it copy of the-samem-the-BflitedStatesillail,pestage prilpaid, -en this ~
day of March, 2001, addressed as above.
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Richard C. Gafihey
Attorney for Plaintiff
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DAWN NELSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY PENNSYLVANIA
v.
: NO. 2000- 8193
CIVIL TERM
EUGENE J. NELSON, JR.,
Defendant
IN DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
To: Lawrence Welker, Prothonotary
Kindly enter my appearance on behalf of Eugene J. Nelson, Jr., Defendent in the above
matter.
Dated: January 8, 2001
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indsay D. Bair squir
37 South Hanover Street
Carlisle, P A 17013
(717) 243-5732
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DAWN NELSON,
PLAINTIFF
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NO. 00-8193 CIVIL TERM
v.
IN DIVORCE
EUGENE J. NELSON, JR.,
RULE TO SHOW CAUSE
AND NOW, to wit, this .2'tJ-iIlday of January, 2001, upon consideration of the
within petition, and on motion of Richard C. Gaffuey, Esquire, a rule is granted on the
Respondent to show cause why he should not refrain from removing, disposing,
encumbering or alienating personalty and realty that is owned jointly by Petitioner and
Respondent pending equitable distnbution of said property by the Court.
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Rule returnable and hearing the 9t/J day ofln, ""':1', 2001, at~:alo'c1ockjJ.m
in Court Room 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
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PENNSYLVAMA
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JAN 2 2 200JlJ
IN THE COURT OF COMMON PLEAS OF
CtlMBERLAND COUNTY, PENNSYLVANIA
DAWN NELSON,
PLAINTIFF
NO. 00-8193 CIVIL TERM
v.
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IN DIVORCE
EUGENE J. NELSON, JR.,
ORDER
AND NOW, this _ day of January, 2001, in consideration of Petitioner's
Petition for Special Relief in the Form of an Injunction Preventing Removal, Disposition,
Encumbering or Alienation of Property and in consideration of Respondent's response to
the Rule to Show Cause issued on ,2001, the following ORDER is
hereby entered:
(1) Respondent is directed and prohibited from removing, disposing, encumbering or
alienating any property located at 63 Red Tank Road, Boiling Springs,
Cumberland County, Pennsylvania.
(2) Respondent is further directed to return any and all property that he removed
from 63 Red Tank Road, Boiling Springs, Cumberland County, Pennsylvania to
the Petitioner on a mutually agreed upon date and time.
(3) Said items of personalty are hereby attached by the Court.
(4) Respondent shall pay all attorney fees, costs and expenses incurred by the
Plaintiff in the preparation and processing of this Petition for Special Relief.
By the Court,
J.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAWN NELSON,
PLAINTIFF
NO. 00-8193 CIVIL TERM
v.
}
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IN DIVORCE
EUGENE J. NELSON, JR.,
PETmON FOR SPECIAL RELIEF IN THE FORM OF AN INJUNCTION
PREVENTING REMOVAL, DISPOSITION, ENCUMBERING OR ALIENATION
OF PROPERTY UNDER ~3505(a) OR ~3323(t) OF THE DIVORCE CODE AND
Pa. R.C.P. 1920.43(a)
1. Petitioner is Dawn Nelson, an individual residing at 63 Red Tank Road,
Boiling Springs, Cumberland County, Pennsylvania.
2. Respondent is Eugene Nelson, an individual whose residence is unknown.
3. Petitioner and Respondent are husband and wife, having been married on
September 22,1984.
4. Petitioner filed a complaint in divorce seeking equitable distribution on
November 20, 2000.
5. Petitioner and Respondent are owners of premises 63 Red Tank Road, Boiling
Springs, Pennsylvania.
6. On September 16,2000, Respondent did, without cause, separate himself from
Petitioner.
7. Subsequent to the date of separation, Respondent has broken into the
residence on two occasions without Petitioner's permission. The first occasion
was on November 29, 2000, and the second occasion was on January 12,
2001, when the Respondent entered the home by forceab1y breaking a window
frame in the rear ofthe home.
8. On both occasions, Respondent removed items of personalty to the exclusion
of Petitioner, the sums of which are unknown to Petitioner. On December 12,
2000, the Respondent removed eight head of cattle from the marital property.
On information and belief, Petitioner avers that Respondent sold the cattle
without Petitioner's consent.
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9. By removing said items of personalty, Respondent has wrongfully,
intentionally, and maliciously prevented Petitioner from exercising her rights
and ownership interest in said items of personalty in order to defeat eqnitable
distnbution of said items.
10. The conduct of Respondent as heretofore stated has been a continuous
misappropriation and Respondent refuses, after demand, to refrain from said
conduct.
11. Said removal of personalty is to Petitioner's great detriment.
12. Petitioner has no adequate remedy at law.
13. Immediate and irreparable harm is being caused by Respondent's conduct,
which is defeating Petitioner's claim of eqnitable distribution.
WHEREFORE, Petitioner prays for equitable relief as follows:
( a) that an injunction issue preliminarily and until hearing and finally
thereafter, enjoining Respondent from disposing, transferring,
encumbering, concealing, selling, removing or alienating any realty
and/or personalty belonging jointly to Petitioner and Respondent;
(b) that this Honorable Court issue an order requiring an accounting of all
items of personalty and/or realty removed by Respondent, and that
judgment be given to .Petitioner against Respondent for monies or
property due Petitioner as shown by said accounting and that no further
removal of personalty take place without further Order of this Court;
(c) that this Honorable Court attach said items of personalty;
(d) that all property belonging to and being the sole pwperty ofPetjtjoner be
delivered to Petitioner;
( e) that the Respondentbe excluded from the marital property;
(f) An Order be issued awarding attorney's fees, costs and expenses to
Petitioner; and
(g) such other relief as this Honorable Court may deem appropriate.
Respectfully submitted,
12.'~juA~~
Richard C. Gaffuey, Esquire
Supreme Court I.D. No. 63313
Jennifer M. Koontz, Esquire
Supreme Court I.D. No. 84366
THE LAW OFFICES OF RiCHARD C. GAFFNEY
Suite 101
2120 Market Street
Camp Hill, PA 17011
Telephone: 717.975.9033
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAWN NELSON,
PLAINTIFF
v.
EUGENE J. NELSON, JR.,
DEFENDANT
VERIFICATION
}
}
}
}
}
}
}
NO. CIVIL TERM
IN DIVORCE
I verifY that the statements made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. Cons.
Stat. Ann. Section 4904, relating to unsworn falsification to authorities.
Date 1/;0/J/
,
01,
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Dawn Nelson, Plaintiff
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DAWN NELSON,
Plaintiff
AUG 2 0 ~
: IN THE COURT OF COMMON PLEAS OF 0 I' I
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
EUGENE J. NELSON, Jr.,
Defendant
: NO. 00-8193
CIVIL TERM
RULE TO SHOW CAUSE
AND NOW, this jJI~ day of ~
,2001, upon consideration of the
Petition for Leave to Withdraw filed by the Family Law Clinic:
(1) A rule is issued upon the Plaintiff, Dawn Nelson, and Defendant, Eugene Nelson,
Jr., to show cause why the Family Law clinic should not be granted leave to withdraw as counsel
of record.
(2) Any party desiring to file an answer to the Petition for Leave to Withdraw must
do so within twenty (20) days of service of this Rule to Show Cause.
(3) Notice of the entry of this order shall be provided to all parties by the Family Law
Clinic.
J.
cc: Family Law Clinic
Richard C. Gaffney, Esq., Counsel for Plaintiff
2120 Market Street
Suite 101
Camp Hill, PA 17011
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Eugene J. Nelson, Jr., Defendant
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DAWN NELSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV AN1A
v.
: CIVIL ACTION - LAW
: IN DIVORCE
EUGENE J. NELSON, Jr"
Defendant
: NO. 00-8193
CIVIL TERM
ORDER OF COURT
AND NOW, this
day of
,2001, upon consideration of the
attached Petition for Leave to Withdraw filed by the Family Law Clinic, it is hereby ordered and
directed that the Family Law Clinic is permitted to withdraw as counsel for Defendant.
BY THE COURT:
J.
cc: Family Law Clinic
Richard C. Gaffney, counsel for Plaintiff
2120 Market Street
Suite 101
Camp Hill, PA 17011
Eugene J. Nelson, Jr., Defendant
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DAWN NELSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
EUGENE J. NELSON, Jr.,
Defendant
: NO. 00-8193
CIVIL TERM
PETITION FOR LEAVE TO WITIIDRA W
Petitioner, the Family Law Clinic, hereby petitions to withdraw from further
representation of Eugene J. Nelson, Jr., pursuant to Rule 1.16(b)( 6) of the Pennsylvania Rules of
Professional Conduct and Pa, R.C,P 1012, and in support thereof avers the following:
1. On November 20, 2000, Dawn Nelson (Wife) filed a Complaint for
Divorce in this action, which included a count for Equitable Distribution.
2. Eugene J. Nelson (Husband) originally retained the services of Lindsay Dare
Baird, Esquire to represent him in the above-captioned divorce action,
3, On March 30, 2001, Attorney Baird filed a Motion to Withdraw as Counsel with
this Court,
4. The Divorce Master (the Master), E. Robert Elicker, II, was appointed by Order of
Court dated March 12,2001.
5. On April 2, 2001, the Master directed Husband and Richard C. Gaffney,
counsel for Wife, to file a pretrial statement on or before April 27, 2001, This was later
extended to May 4,2001.
6. On May 3, 2001, Husband came to the Family Law Clinic seeking legal
representation in his divorce action,
1
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7. On May 4, 2001, the Family Law Clinic entered its appearance on behalf of
Husband, and requested an extension of the due date to file the pretrial statement.
8, The Master extended the deadline date for the pretrial statement to June 18, 2001,
and both parties filed their statements with the Master on June 18, 2001.
9. At the time that the Family Law Clinic agreed to represent Husband in this action,
it was not aware of the nature and extent of assets which are the subject of the equitable
distribution claim in this divorce.
10. As the Family Law Clinic assisted Husband in preparing his pre-trial statement, it
became clear that there were some significant assets at issue.
>,
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11. On June 20,2001, the Family Law Clinic received Wife's statement, which
indicates that there is substantial marital property with considerable value.
12. On July 12,2001, the Family Law Clinic notified Husband that, due to the
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nature and extent of the assets at issue in the divorce, he does not qualify for Clinic services, and
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that he should contact a private attorney immediately.
13.
The Family Law Clinic offers free legal services to those members of the
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community who are indigent and have no significant assets, and are therefore unable to obtain
private counsel. It is the policy of the Clinic not to represent clients in a divorce action where
there are substantial assets to be divided, because those assets can be a basis for a fee
arrangement with a private attoruey, and because the Clinic has determined that its limited
resources are better spent assisting clients without income or assets, who cannot retain a private
attorney.
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14, All Clinic clients are informed of the Clinic's fmancial eligibility requirements,
and are informed that if the Clinic determines that they are no longer eligible for Clinic services,
the Clinic will inform them of that fact, and will move to withdraw from their case.
15. Husband is aware of the Clinic's financial eligibility requirements, and has been
informed that he is not eligible for Clinic services, for the reasons set forth above.
16, On August 16, 2001, The Family Law Clinic contacted Richard Gaffney, Esquire,
counsel for Wife, to ask if he contests the Clinic's Petition to Withdraw as counsel for Husband.
Mr, Gaffney's office informed the Family Law Clinic that it will not oppose this Petition to
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Withdraw.
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WHEREFORE, the Family Law Clinic requests pennission to withdraw as counsel for
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Eugene J. Nelson, Jr. in this matter.
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Respectfully submitted,
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Michelle L. Anders
Certified Legal Intem
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MAS M PLACE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
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717-243-2968
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DAWN NELSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV AN1A
v.
: CIVIL ACTION - LAW
: IN DIVORCE
EUGENE 1. NELSON, Jr"
Defendant
: NO, 00-8193
CIVIL TERM
CERTIFICATE OF SERVICE
I, Michelle L. Anderson, Certified Legal Intern, the Family Law Clinic, hereby certify
that I am serving a true and correct copy of a Petition for Leave to Withdraw on the following
persons by first class United States mail, postage prepaid, the 17th day of August, 2001:
Eugene J. Nelson, Jr.
2415 County Line Road
York Springs, P A 17372
Richard C, Gaffney, Esquire, counsel for Plaintiff
2120 Market Street
Suite 101
Camp Hill, PA 17011
~jJ})YrJlAdjMJl
, Michelle L. Anders
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717-243-2968
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DAWN NELSON,
Plaintiff
v.
: CIVIL ACTION - LAW
: IN DNORCE
EUGENE J, NELSON, Jr.,
Defendant
: NO, 00-8193
CIVIL TERM
ORDER OF COURT
AND NOW, this ~ day of O~
,2001, upon presentation and
consideration of the within Petition to Make Rule Absolute, the Rule entered by Order on August
24,2001, is hereby made ABSOLUTE and Petitioner, the Family Law Clinic, is permitted to
withdraw as counsel for the Defendant, Eugene J. Nelson, Jr..
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
EUGENE J. NELSON, Jr.,
Defendant
: NO. 00-8193
CML TERM
PETITION TO MAKE RULE ABSOLUTE
AND NOW, comes petitioner, the Family Law Clinic, and petitions the court as follows:
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1.
Petitioner, the Family Law Clinic, is counsel of record for the above-named
Defendant, Eugene J. Nelson, Jr..
2, Petitioner filed a Petition for Leave to Withdraw in this matter on August 17,
2001. On August 24,2001, this Court issued a Rule to Show Cause why the Family Law Clinic
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should not be permitted to withdraw. A copy of the Petition and Rule to Show Cause are
attached hereto and incorporated herein by reference as Exhibit "A".
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3. The August 24, 2001 Rule to Show Cause permitted either party to object to the
Family Law Clinic's request to withdraw as Eugene J. Nelson, Jr,'s counsel, within twenty (20)
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4.
A true and correct copy of the Petition was served upon Respondent, Eugene J.
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Nelson, Jr" by first class mail, postage prepaid, at 2415 County Line Road, York Springs, PA
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17372 on August 17, 2001. A true and correct copy of the Petition was served upon counsel for
Plaintiff on the same date,
5.
A true and correct copy of the August 24, 2001 Rule to Show Cause was served
upon Respondent, Eugene J. Nelson, Jr" by first class mail, postage prepaid, at 2415 County
Line Road, York Springs, PA 17372 on August 31,2001. A true and correct copy of the August
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24,2001 Rule to Show Cause was served upon counsel for Plaintiff on the same date.
6, Twenty (20) days have passed since the Rule was served upon the Respondent
and Plaintiff's counsel, and no response or objection has been filed.
WHEREFORE, -the Family Law Clinic requests this Court to enter an Order permitting
it to withdraw as counsel for Eugene J. Nelson, Jr. in this matter.
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I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S, g 4904,
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relating to unsworn falsification to authorities,
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Date: Stp4 . 71.P.. 7.tJo I
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Uich L. Anderson
Certified Legal Intern
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T S M. PLACE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
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717-243-2968
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Plaintiff
AUG 2 O~~~\
: IN THE COURT OF COMMON PLEAS OF (j
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
EUGENE J. NELSON, Jr.,
Defendant
: NO, 00-8193
CIVIL TERM
RULE TO SHOW CAUSE
AND NOW, this jJI~ day of ~
, 200 I, upon consideration of the
Petition for Leave to Withdraw filed by the Family Law Clinic:
(1) A rule is issued upon the Plaintiff, Dawn Nelson, and Defendant, Eugene Nelson,
Jr" to show cause why the Family Law clinic should not be granted leave to withdraw as counsel
of record.
(2) Any party desiring to file an answer to the Petition for Leave to Withdraw must
do so within twenty (20) days of service of this Rule to Show Cause.
(3) Notice of the entry of this order shall be provided to all parties by the Family Law
Clinic,
BY~
J.
cc: Family Law Clinic
Richard C. Gaffney, Esq" Counsel for Plaintiff
2120 Market Street
Suite 101
Camp Hill, PA 17011
Eugene J, Nelson, Jr., Defendant
EXffIBII A
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DAWN NELSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION - LAW
: IN DIVORCE
EUGENE 1. NELSON, Jr,
Defendant
: NO. 00-8193
CIVIL TERM
CERTIFICATE OF SERVICE
I, Michelle L. Anderson, hereby certify that I am serving a true and correct copy of the
Rule to Show Cause on the following persons by depositing a copy of the same in the United
States mail, postage prepaid, this 31 ,t day of August, 2001:
Richard C. Gaffney, Esquire, Counsel for Plaintiff
2120 Market Street
Suite 101
Camp Hill, PA 17011
Eugene J. Nelson, Jr., Defendant
2415 County Line Road
York Springs, 17372
Jj!i!!&fjkdn/Jt?
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
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DAWN NELSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
v.
EUGENE J. NELSON, Jr"
Defendant
: NO, 00-8193
CML TERM
ORDER OF COURT
AND NOW, this
day of
, 2001, upon consideration of the
attached Petition for Leave to Withdraw filed by the Family Law Clinic, it is hereby ordered and
directed that the Family Law Clinic is permitted to withdraw as counsel for Defendant.
BY THE COURT:
J.
cc: Family Law Clinic
Richard C. Gaffney, counsel for Plaintiff
2120 Market Street
Suite 101
Camp Hill, PA 17011
Eugene J. Nelson, Jr., Defendant
. ,
DAWN NELSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DNORCE
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EUGENE J. NELSON, Jr.,
Defendant
: NO. 00-8193
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PETITION FOR LEAVE TO WITHDRAW
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Petitioner, the Family Law Clinic, hereby petitions to withdraw from further
representation of Eugene J. Nelson, Jr., pursuant to Rule 1.16(b)( 6) of the Pennsylvania Rules of
Professional Conduct and Pa. RC.P 1012, and in support thereof avers the following:
1. On November 20, 2000, Dawn Nelson (Wife) ftled a Complaint for
Divorce in this action, which included a count for Equitable Distribution.
2. Eugene J. Nelson (Husband) originally retained the services of Lindsay Dare
Baird, Esquire to represent him in the above-captioned divorce action.
3, On March 30,2001, Attorney Baird filed a Motion to Withdraw as Counsel with
this Court,
4. The Divorce Master (the Master), E. Robert Elicker, II, was appointed by Order of
Court dated March 12,2001.
5. On April 2, 2001, the Master directed Husband and Richard C. Gaffney,
counsel for Wife, to file a pretrial statement on or before April 27, 2001, This was later
extended to May 4, 2001.
6. On May 3, 2001, Husband came to the Family Law Clinic seeking legal
representation in his divorce action,
1
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'.- "''1''1':''''[ ~,~-
7. On May 4, 2001, the Family Law Clinic entered its appearance on behalf of
Husband, and requested an extension of the due date to file the pretrial statement.
8, The Master extended the deadline date for the pretrial statement to June 18, 2001,
and both parties filed their statements with the Master on June 18, 2001.
9, At the time that the Family Law Clinic agreed to represent Husband in this action, ,
it was not aware of the nature and extent of assets which are the subject of the equitable
distribution claim in this divorce.
10. As the Family Law Clinic assisted Husband in preparing his pre-trial statement, it
became clear that there were some significant assets at issue.
11. On June 20, 2001, the Family Law Clinic received Wife's statement, which
indicates that there is substantial marital property with considerable value.
! '
12.
On July 12,2001, the Family Law Clinic notified Husband that, due to the
nature and extent of the assets at issue in the divorce, he does not qualify for Clinic services, and
that he should contact a private attorney immediately,
13, The Family Law Clinic offers free legal services to those members of the
community who are indigent and have no significant assets, and are therefore unable to obtain
private counsel. It is the policy of the Clinic not to represent clients in a divorce action where
there are substantial assets to be divided, because those assets can be a basis for a fee
arrangement with a private attorney, and because the Clinic has determined that its limited
resources are better spent assisting clients without income or assets, who cannot retain a private
attorney,
2
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14. All Clinic clients are informed of the Clinic's fmancial eligibility requirements,
and are informed that if the Clinic determines that they are no longer eligible for Clinic services,
the Clinic will inform them of that fact, and will move to withdraw from their case.
15. Husband is aware of the Clinic's financial eligibility requirements, and has been
informed that he is not eligible for Clinic services, for the reasons set forth above.
16, On August 16,2001, The Family Law Clinic contacted Richard Gaffney, Esquire,
counsel for Wife, to ask if he contests the Clinic's Petition to Withdraw as counsel for Husband,
Mr, Gaffuey's office informed the Family Law Clinic that it will not oppose this Petition to
Withdraw.
WHEREFORE, the Family Law Clinic requests permission to withdraw as counsel for
Eugene J. Nelson, Jr, in this matter.
Respectfully submitted,
, 'I
Dat:if'1j[Ut 17,1J)0 I
J}jJ)k~\xJJ}=
Michelle L. Anders
Certified Legal mtern '
~,-!J-
. MAS M. PLACE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
3
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DAWN NELSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
EUGENE 1. NELSON, Jr"
Defendant
: NO. 00-8193
CML TERM
CERTIFICATE OF SERVICE
I, Michelle L. Anderson, Certified Legal Intern, the Family Law Clinic, hereby certify
that I am serving a true and correct copy of a Petition for Leave to Withdraw on the following
persons by first class United States mail, postage prepaid, the 17th day of August, 2001:
Eugene J. Nelson, Jr.
2415 County Line Road
YorkSprings,PA 17372
Richard C. Gaffney, Esquire, counsel for Plaintiff
2120 Market Street
Suite 10 1
Camp Hill, P A 17011
Lffidi dNffJkidiMH
Michelle L. Anders
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
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DAWN NELSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
EUGENE J. NELSON, Jr"
Defendant
: NO. 00-8193
CIVIL TERM
CERTIFICATE OF SERVICE
I, Michelle L. Anderson, hereby certify that I am serving a true and correct copy of the
Petition to Make Rule Absolute on the following persons by depositing a copy of the same in the
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United States Mail, postage prepaid, this 26th day of September, 2001:
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Eugene 1. Nelson, Jr,
2415 County Line Road
York Springs, P A 17372
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Richard C. Gaffney, Esquire
2120 Market Street
Suite 101
Camp Hill, PA 17011
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Miche1fe L. Anderson
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
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Dawn Nelson,
Plaintiff
v.
Eugene Nelson,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: COUNTY, PENNSYLVANIA
: NO. 00-8193
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO ENTER MY APPEARANCE
Please enter my appearance in the above-captioned case on behalf of the
Defendant, Eugene J. Nelson, Jr.
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Date '
Respectfully Submitted
TURO LAW OFFICES
Robert ulderig, EsqUl
28 Sou h Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for
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DAWN NELSON,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
v.
NO. 00-8193 CIVIL TERM
EUGENE J. NELSON, JR.,
DEFENDANT
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
November 20, 2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention to
request entry of the decree.
I verifY that the statements made in this affidavit are true and c6rrect. 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,
Date:
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Dawn Nelson, Plaintiff
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DAWN NELSON,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
v.
NO. 00-8193 CIVIL TERM
EUGENE J. NELSON, JR.,
DEFENDANT
IN DIVORCE
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
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2. I understand that I may lose rights concerning alimony, division of property, attorney's
fees or expenses if! do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotllry .
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 ftllsification to authorities.
Date:
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Dawn Nelson (Plaintiff)
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Dawn Nelson,
OF
: IN THE COURT OF COMMON PLEAS
v.
: COUNTY, PENNSYLVANIA
: NO. 00-8193
: CIVIL ACTION - LAW
: IN DIVORCE
Plaintiff
Eugene Nelson,
Defendant
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed
on November 20,2000.
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of the filing of the Complaint.
3. I consent to the entry of the final Decree in Divorce after service of
Notice of Intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE
STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18
Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
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v.
: IN THE COURT OF COMMON PLEAS
: COUNTY, PENNSYLVANIA
: NO. 00-8193
: CIVIL ACTION - LAW
: IN DIVORCE
Dawn Nelson,
OF
Plaintiff
Eugene Nelson,
Defendant
WAIVER OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~ 3301(9 OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is
granted.
3, I understand that I will not be divorced until a Divorce Decree is
entered by the Court and that a copy of the decree will be sent to me immediately
after it is filed with the Prothonotary,
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING
AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE
STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18
Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
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Dawn Nelson,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: COUNTY, PENNSYLVANIA
v.
: NO. 00-8193
: CIVIL ACTION - LAW
Eugene Nelson,
Defendant
: IN DIVORCE
ST/PULA T/ON OF DEFENDANT
I, Eugene Nelson, hereby stipulate and agree that I am authorizing the
distribution of $25,000 payable from the proceeds of the recent real estate sale
of marital property paid to me and will accept the same amount as an advance
on my share of the marital estate, By signing this Stipulation I understand that
the same will be filed with the Master appointed in this matter, and I further agree
and understand that the Plaintiff, Dawn Nelson, will stipulate likewise to receive
the sum of $25,000 as an advance on her share of the marital estate assets.
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. THE LAW OFFICES OF .
RICHARD C. GAFFNEY
July 9, 2002
Office of the Divorce Master
Cumberland County
Mr. Robert Elicker, Esquire
13 North Hanover Street
Carlisle, P A 17013
Re: Dawn Nelson v. EUflene J. Nelson. Jr.
Docket No. 00-8193 Civil Term - In Divorce
Dear Master Elicker:
Enclosed for filing in the above-captioned docket please find a stipulation of
Plaintiff, Dawn Nelson authorizing the distribution of $25,000.00 payable from the
proceeds of the recent sale of the martial residence as an advance on her share of the
martial estate. I understand that counsel for the Defendant has filed or will soon file a
similar stipulation.
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LAW OFFICES OF RICHARD C. GAFFNEY
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Richard C. oarr:;, ;:;W~~uM
CC: Robert Mulderig, Esquire
Dawn Nelson
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2120 MARKET STREET. SUITE !OI . CAMP HILL, PENNSYLVANIA 170Il
TELEPHONE: 717,975.9033 . FACSIMILE: 717,975,9034. INTERNET: WWW,RCGLAW,COM
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DAWN NELSON,
, PLAINTIFF
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYL VANIA
v.
NO. 00-8193 CIVIL TERM
EUGENE J. NELSON,nL,
DEFENDANT
IN DIVORCE
STIPULATION OF PLAINTIFF
I, Dawn Nelson, hereby stipulate and agree that I am authorizing the distribution of
I .' .
$25,000.00 payable from the proceeds of the recent real estate sale of marital property paid to me
and will accept the same amount as an advance on my share of the marital estate. By signing this
Stipulation I understand that the same will be filed with the Master appointed in this matter, and I
further agree and understand that the Defendant, Eugene Nelson, will stipulate likewise to
receive the sum of $25,000.00 as an advance on his share of the marital estate assets,
Date~
6/2~ d-
&.IAA ,AL~J
Dawn Nelson, Plaintiff
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
DAWN NELSON,
vs.
NO. 00 - 8193 CIVIL
EUGENE NELSON, JR.,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW, this
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day of
2003, the parties and counsel having entered
agreement and stipulation resolving the economic issues on
May 20, 2003, the date set for a Master's hearing, the
agreement and stipulation having been transcribed, and
subsequently signed by the parties and counsel, the
appointment of the Master is vacated and counsel can
conclude the proceedings by the filing of a praecipe to
transmit the record with the affidavits of consent of the
parties so that a final decree in divorce can be entered.
BY THE COURT,
Ge
cc: Richard C. Gaffney
Attorney for Plaintiff
Robert J. Mulderig
Attorney for Defendant
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DAWN NELSON,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 00 - 8193 CIVIL
EUGENE NELSON, JR.,
Defendant IN DIVORCE
THE MASTER: Today is Tuesday, May 20, 2003.
This is the date set for a Master's hearing in the above
captioned divorce proceedings.
Present in the hearing room
are the plaintiff, Dawn Nelson, and her counsel Richard C.
Gaffney, and the Defendant, Eugene Nelson, Jr., and his
counsel Robert J. Mulderig.
The parties were married on September 22,
1984, and separated September 16, 2001. No children were born
of this marriage.
The complaint in divorce was filed on
November 20, 2000, raising grounds for divorce of
irretrievable breakdown of the marriage, adultery, indignities
and willful and malicious desertion. with respect to grounds
for divorce, the parties have provided the Master with
affidavits of consent and waivers of notice of intention to
request entry of divorce decree signed and dated today so that
the divorce can be concluded under Section 3301(c) of the
Domestic Relations Code. The affidavits and waivers will be
filed by the Master's office with the Prothonotary. The
complaint also raised the economic claim of equitable
distribution. No claims have been raised by either for
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alimony or counsel fees and costs.
After extensive negotiations today, the
Master has been advised that the parties have reached an
agreement with respect to the claim of equitable distribution.
The agreement is going to be placed on the record in the
presence of the parties. The agreement as placed on the
record will be considered the substantive agreement of the
parties not subject to any changes or modifications except for
correction of typographical errors which may be made during
the transcription.
After the agreement has been transcribed,
the parties and counsel will have an opportunity to review the
draft for typographical errors, make any corrections as
required, and then affix their signatures affirming the terms
of settlement as stated on the record. In any event, even if
the parties do not sign the agreement affirming the terms of
settlement, they are bound by the settlement as stated on the
record when they leave the hearing room today.
Upon receipt of a completed agreement, the
Master will prepare an order vacating his appointment and
counsel can then file a praecipe transmitting the record to
the Court requesting a final decree in divorce. Mr. Mulderig.
MR. MULDERIG: Thank you.
1. The parties owned a residence which has been sold for
$140,000.00. Each party has withdrawn $25,000.00 from that
settlement and the remaining monies have been placed in an
escrow account.
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2. wife has a pension
401(k) worth $18,000.00.
any claim whatsoever to.
worth approximately $37,000.00; a
These pensions the husband waives
3. There is a camper, a Ford F-150, a Ford F-350, a Ford,
cattle, and a Kubota worth approximately $10,000.00 which
shall be the property of the husband and the wife waives any
claims whatsoever in that property.
4. There was a refund of the homeowner's insurance of
$250.00 which has been added to the escrow account.
5. There is an outstanding bill with Wachovia of $3,900.00
which shall be paid out of the escrow account before
distribution.
6. The parties agree that all household goods that have
been divided by the parties shall be the property of the
person who is now in possession thereof.
7. From proceeds of the escrow account, the escrow agent
shall pay to the husband the sum of $57,500.00 and $28,551.33
shall be paid to wife. The payment to the parties shall
reflect the total settlement in this case and they release any
other claims that they may have against the other.
8. Husband shall also be sole owner of an IRS refund check
of $645.00.
9. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each party
hereby waives and relinquishes any and all rights he or she
may now have or hereafter acquire under the present or future
laws of any jurisdiction to share in the property or the
estate of the other as a result of the marital relationship
including without limitation, statutory allowance, widow's
allowance, right of intestacy, right to take against the will
of the other, and right to act as administrator or executor in
the other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all instruments
which may be necessary or advisable to carry into effect this
mutual waiver and relinquishment of all such interest, rights,
and claims.
MR. GAFFNEY: Let the record reflect that
Mrs. Nelson is present in the hearing room; that she is fully
knowledgable of the terms of the settlement agreement and that
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she agrees with the terms of the settlement agreement in full
as final satisfaction of the parties claims, one against the
other.
Let me also clarify for the record that with
respect to the retirement plan referred to, this is Mrs.
Nelson's retirement plan through her employer and it is the
CNF Transportation, Inc. Thrift and Stock Plan (TASP), the CNF
Transportation, Inc. Retirement Plan (CNFRP) formerly known as
the Emery Air Freight Corporation Pension Plan which includes
the GECA annuity (the GE Capital Assurance annuity), the CNF
Transportation, Inc. Common Stock Fund formerly known as the
Emery Air Freight Corporation Employee Stock Ownership Plan,
and any other plans maintained by Mrs. Nelson through her
employer or otherwise.
THE MASTER: Mr. Mulderig.
MR. MULDERIG: Let the record reflect that
Mr. Nelson is here. Mr. Nelson, did you understand the terms
of the agreement as I read them?
MR. NELSON: I did.
MR. MULDERIG: Are you in agreement with
those terms?
MR. NELSON: Yes.
'tiP'''' .-~.
MR. MULDERIG: Are you doing this voluntarily
of your own free will?
MR. NELSON: Yes.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend to
bind myself to the settlement as a contract obligating myself
to the terms of settlement and subjecting myself to the
methods and procedures of enforcement which may be imposed by
law and in particular Section 3105 of the Domestic Relations
Code.
WITNESS:
DATE:
~~~~~
Richard C. ' Y
Attorney for Plaintiff
C:k;/20/o3
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Dawn Nelson
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Eu~ne Nelon, Jr./
. Mulderig
ey for Defendant
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