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Home My WebLink About00-08313 ',,,~,_ ~'" _,_, ~;", ,I. I ',__Id"" _ 'ii," :Ii:li'" '" '" . . .. . . . . . Of.0f.:I: ff.Of. . . ff.<f. ff.<f.:f. :I: Of.:f. Of. ~. . .. .. . .. .. .. .. . . .. .. . .. . . .. .. . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY .. PENNA. . . . . .. . . . . .. .. . . STATE OF YOlANDA VANDENEEDEN, Plaintiff No. 00-8313 CIVIL TERM VERSUS . ~ EVEREIT W. VANDENEEDEN, . . . . .. . . Defendant . . . DECREE IN DIVORCE . .. . . .. AND NOW,~ \\ YOlANDA VANDENEEDEN , IT IS ORDERED AND 2004 . .. DECREED THAT , PLAINTIFF, . . . . EVERETT W. VANDENEEDEN , DEFENDANT, AND .. ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO~r ~~ THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; V'1I"'--f .. . . . .. The Marital Settlement Agreement dated October 29, 2004 shall be incorporated . . .. . but not merged, into this Decree of Court as provided . . . .. J. . . . OTHONOTARY . .. . .. Of. Of. Of. :f.fF. . :f. "'Of. Of. . . . .. '> . . .. . . . . . . . .. . .. .. .. . . . - J ~ I '1 -:J I j '-1 1 ;:j I I :j 1 j 1 'I '-~ " _I~~ ,~~~ ^ ~ ' " - . " ~, -~ " ,~"~ Ii- If -tJll W~~ ~ ~~~ II.IF' .ov ~ ~ cazj .tJ:z.e; _~"'l'II!_~-'" . ~ ^~ ~ , _,"""lIjl.~f!1""W!l'"",,",,~"'i'Wt>>",-rmr'l"Il,a~-V'Il~IW'ffil"lfl\!l'f'.-W'W~LII;ffllII~(fflIl!P~;- ,~ ,'_"'?~ " IO!:'!'~~"_. . . ,.- I ~, ,,- 1"1. -~ "k_" ,." "L,;;, .'~" IN THE COURT OF CCMoION PLEAS OF CUMBERLAND COUNI'Y. PENNSYLVANIA YOlANDA VANDENEEDEN, NO. 00-8313 CIVIL TERM Plaintiff vs. EVEREIT W. VANDENEEDEN, Def endan t PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information; to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~ of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Certified mail, restricted delivery to the Defendant and received on December 5, 2000. Affidavit of Service filed concu:r:rently herewith. 3. complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff October 29, 2004 by the defendant October 29, 2004 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None.' The Marital Settlement AgreemeBt dated October 29, 2004 shall be incor orated but not mer ed as an Order of Court as provided in 23 Pa.C.S. 5. Indicate date and manner of service of into the Decree in Divorce and is 3105. the notice of intention to file enforceable praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on October 29, . Waiver of Notice signed by Defendant on October 29, and filed concurrently here~ith. . ed concurrently herewith. Attorney for' Plaintiff! Melissa Peel Greevy, Esquire Atty ID #77950 ~ii1 ;~H~~mMilillliliiJ,--;,r'- <'-'.'~~~!'!"'!~I"'-tM,i'>:1,llllil~ili;;MI'iI ,"> ,_ ~"."",,,,~,,,,,,,, ..~~_"''''''''~~^_ "" - <<,~,~, ~ ,'~ n._. w. ~'.' ~""~,,. "',','_ ',''''__ N;~"':"" k "''''"''''''''''''''' -...~ .".. .. _0. ~,~. ,~,,',,-"_J'__' __~_~d .~W___ ,~""'~""~~ ~=-- " ......I~ II :1 (') ...., ~ = C = ~ .r:- % """ 'l:,Jec 0 :r:-n (Tln-, rnF ::::'::'.:l::1 ...:: :BIB I~; I w 06 x-co -0 '":!] :.:&: 90 --'[11 - C) --I 2~ .. 2;' =~ Ul .,:J en -<:; - '~ . " , < ,"'~ ,- """'~ -."-- ="''-;U , YOLANDA VAN DEN EEDEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. Co - cP3/3 (Lll~ EVERETT W. VAN DEN EEDEN, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, Carlisle, P A. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOUDO 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 (717) 249-3166 - . '" ~ - ~..': NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo a1 partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona o por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 " -1'1 ",,~ ',1..,- - '~lio:i"; YOLANDA VAN DEN EEDEN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. tJ.c - F 3/3 ~ /.u-w-- EVERETI W. VAN DEN EEDEN, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) AND 3301 (a)(6) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Yolanda Van Den Eeden, by and through her attorney, Marianne E. Rudebusch, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Yolanda Van Den Eeden, is an adult individual who resides at 1809 Hunter Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant, Everett W. Vandeneeden, is an adult individual who resides at 2023 North 2nd Street, Harrisburg, Dauphin County, Pennsylvania, 17102. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 9/18/82. 5. Plaintiff avers that there are three children to the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. I,. !^ ~;,' " ,'~ ,1,,1 ~, "" - ,-,,--,;..1., ^" ~ 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301( c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. B. Section 3301( d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on 6/5/00. C. Section 3301(a)(6). The Plaintiff avers as the grounds on which the action is based that the Defendant has offered such indignities to the person of the injured and innocent spouse, namely Plaintiff, as to render her condition intolerable and life burdensome. This action in divorce is not collusive. ,. ..;;'- OM_ ,"'" ,'\~i COUNT I CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 12. Plaintiff and Defendant are the owners of real estate, motor vehicles, bank accounts, insurance policies, pensions, retirement benefits and other personal property acquired during the marriage which is subject to equitable distribution by this Court. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. 14. Plaintiff requests this Court to equitably distribute the parties' marital property. COUNT II CLAIM FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE 15. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 14 of this Complaint. 16. Plaintiff does not have sufficient funds to support herself during the pendency of this action. 17. Defendant is well able to pay support to Plaintiff. 18. Plaintiff requests this Court to grant her alimony pendente lite. ,I;; "0-:1,; COUNT III CLAIM FOR COUNSEL FEES. COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 19. Plaintiff hereby incorporates by reference all the averments contained in paragraphs 1 through 18 of this Complaint. 20. Plaintiff does not have sufficient funds to pay the counsel fees, costs and expenses incidental to this action. 21. Defendant is well able to pay Plaintiff's counsel fees, costs and expenses incidental to this matter. 22. Plaintiff requests this Court to grant her counsel fees, costs and expenses incidental to this action. COUNT IV CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 23. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 22 of this Complaint. 24. Plaintiff does not have a sufficient source of income or earning capacity at the present time to maintain the standard of living enjoyed by the parties during their marriage. 25. Defendant does have a sufficient source of income and earning capacity to aid Plaintiff in maintaining the standard of living enjoyed by the parties during their marriage. L" -L 'J, ~ _ ~ ..I J 1-.:1"", . ,,~ --\.': COUNT V CUSTODY 26. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 25 of this Complaint. 27. Plaintiff seeks primary physical custody of the following children: Name Date of Birth ~ Jonathan Van Den Eeden Cristopher Van Den Eeden Nicole Van Den Eeden 12/3/83 3/20/85 3/3/88 16 15 12 28. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. The Plaintiff has been the primary care giver of the children and has provided the children with consistent and loving care. b. Plaintiff is willing and able to continue to provide proper care and supervision to the children. c. Plaintiff can provide a stable and loving environment to the children. 29. The minor children have resided at 18090 Hunter Drive, Mechanicsburg, Cumberland County, Pennsylvania with the Plaintiff and Defendant since birth. 30. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the children in this or another Court, nor does she know of a person nor a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with the children. , I _ or, ".1':/," 31. The Plaintiff requests that a reasonable visitation schedule be set up by the Court regarding visitation of the parties' minor children by Defendant. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; and b. equitably distributing all property owned by the parties hereto; and c. directing the Defendant to pay alimony pendente lite to Plaintiff; and d. directing the Defendant to pay Plaintiff's counsel fees and expenses incidental to this divorce action; and e. granting alimony to Plaintiff; and f. to grand primary physical custody of the parties minor children to the Plaintiff with liberal partial physical custody to the Defendant; and g. for such further relief as the Court may determine to be equitable and just. Respectfully Submitted, Dated: ~ ~f;~~. Marianne E. Rudebusch, Esquire 845 Sir Thomas Court, Suite lIB Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 "~ "'-,1 b" I', ^ '..,. "- ,-'-~.I,,-~c ~""flt YOLANDA VANDENEEDEN, Plaintiff IN THE COURTOF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8313 CIVIL TERM v. CIVIL ACTION - LAW EVERETT W. VANDENEEDEN, IN DIVORCE Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this s2fltu- day of IOI.-/t~ , 2004, by and between YOLANDA VANDENEEDEN, of Mechanicsburg, Pennsylvania, (hereinafter "WIFE") and EVERETT W. VANDENEEDEN, of Harrisburg, Pennsylvania, (hereinafter "HUSBAND"); WITNESSETH: WHEREAS, the parties hereto were married on September 18, 1982, in Pittsburgh, Pennsylvania; and WHEREAS, a divorce action was filed by WIFE on or about November 28, 2000, in the Cumberland County Court of Common Pleas, and docketed at 00-8313 Civil Term; and WHEREAS, there are three (3) children born of the marriage: JONATHAN VANDENEEDEN, born December 3, 1983; CHRISTOPHER VANDENEEDEN, born March 20, 1985; and NICOLE VANDENEEDEN, born March 3, 1988; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to: the equitable distribution of the marital property; past,present, and future spousal support; alimony, alimony pendente lite, and in general, any and all other claims by one against the other or against their respective estates past, present and future; and ,~ -,.- H'. 'C' . "-~" ,,';' " .",- . -, 1_."_ ~ . ,,_,,'.,. I , -" ""L ,1,_ -~-' -..u NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this agreement and their legal effect have been fully explained to WIFE, by her counsel, Melissa Peel Greevy, Esquire, of Johnson, Duffie, Stewart & Weidner. HUSBAND was represented in this matter by Thomas J. Williams, Esquire until HUSBAND elected to terminate his representation and proceed pro se. HUSBAND subsequently retained, and is now represented by, Galen R. Waltz, Esquire. / Each party acknowledges that he or she has had the opportunity to discuss with counsel of their choosing, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. I II " I' rl II II 'I I I I I I Ii 11 il ! The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, ON expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to !i 3301 (c) of the Divorce Code. The parties agree to execute Affidavits of Consent for divorce and Waiver of Notice of Intention to Request Entry of a Divorce Decree concurrently with the execution of this Agreement. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the Divorce Decree, out shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments excepts as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time conveyance ~y the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoeVer, in law or in equity which either party now has against the other. 5. FINANCIAL DISCLOSURE. The parties represent and warrant that each have made full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party acknowledges that discovery requests were made by the WIFE and answered by HUSBAND and that HUSBAND verifies his responses were truthful, accurate and complete. Neither party wishes to make or append hereto any further enumeration or statement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties confirm that each has relied on the II '-0- ,~,- ~ , ',1- . ~' dn, ,_'_CO, "".' ; '.;',I_,,;~ accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either party. Each party further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors or assigns, in action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by. legal counsel. 6. SEPARATION.INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or the respective families of each other. HUSBAND acknowledges that he has signed a Quit Claim Deed transferring his interest in the marital property to WIFE and that as a result of this conveyance, he is no longer permitted to enter WIFE's home at 1809 Hunter Drive, Mechanicsburg, Pennsylvania in the absence of her express consent. HUSBAND further acknowledges that his presence in the home in the absence of WIFE's consent constitutes trespass. 7. DEBTS. The parties agree that if any joint credit accounts remain open, they shall be closed within ten (10) days of the execution of this Agreement. HUSBAND agrees to assume responsibility for all credit card debt incurred during the marriage in the name of either party or jointly, including, but not limited to the following accounts: Citi Gold Visa account number ending 9420, MBNA Platinum Plus account number ending 4152, CitiBank AAdvantage account number ending 3498, Visa Account number ending 7373, MBNA Platinum Plus account number ending 3709, American Express Optima account number ending 91001, Chevy Chase Bank Master Card Cash Rewards Account number ending 5704, Bank of America Visa account number ending 8738, and Nations Bank of Delaware Visa account number ending 4754. HUSBAND represents that all credit card debt incurred during the marriage has been satisfied by him and that to the extent that debt remains, he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations, whether they be in joint or individual names. HUSBAND represents and warrants to WIFE that since, June 5, 2000, he has not and in the future will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations incurred by him since June 5, 2000. WIFE represents and warrants to HUSBAND that since, June 5, 2000, she has not and in the future will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations incurred by her since June 5, 2000. 8. . RETIREMENT BENEFITS AND INVESTMENTS. The parties stipulate and agree that WIFE received: 1) Life USA IRA valued at $1967 on June 30,1997, receipt of which she hereby acknowledges; 2) Putnam IRA valued at $2301 on December 31,1997; 3) Morgan Stanley IRA liquidated for $6539 in 2002; and 4) Morgan Stanley Stock account sold for $4509 on March 1,2002. HUSBAND waives, relinquishes and releases any claim that he had, may have now or in the future as to these assets received by WIFE. The parties stipulate and agree that HUSBAND received: 1) Morgan Stanley/DWIC, Inc. valued at $28 on June 30, 2000, receipt of which he hereby acknowledges; 2) Morgan Stanley Roth IRA valued at $20,292 on June 30,2000; 3) Morgan Stanley Active Asset IRA distribution of $17,360 on February 27, 2001 4) Morgan Stanley Stock Account valued at $74,510 on June 30, 2000 after reduction for a loan in the amount of $37,502; 5) Morgan Stanley Retirement Account valued at $12,500 at distribution on July 12, 2001; r 6) Morgan Stanley SEPIlRA stock account valued at $19,546 on June 30,2000; 7) Life USA IRA valued at $2645 on June 30,2000; and . 8) Putnam SEP IRA valued at $9794 on January 27, 1999. WIFE waives, relinquishes and releases any claim that she had, may have now or in the future as to these assets received by HUSBAND. 9. LIQUID MARITAL ASSETS. The parties stipulate and agree that HUSBAND shall retain the following non-business checking accounts: M & Tchecking, formerly Allfirst 00216-6281-9. The parties stipulate and agree that WIFE shall retain the PNC checking account number ending 8343. The parties stipulate and agree that HUSBAND has received the funds from the following business checking accounts .from the parties' denture business: Allfirst - Chambersburg Office; Allfirst - York office Account 099022899-4 with a June 30, 2000 oalance of $13.856 ; Allfirst - Harrisburg office Account 008581815"1 with a June 30, 2000 account balance of $8136; Allfirst 023550375 Denture Walk In Center, Inc., Allfirst checking account 002166281-9 with a balance of $3508 on June 27, 2000; Allfirst 00883166-8 with a June 30, 2000 account balance of $12,846. 10. AUTOMOBILES. HUSBAND and WIFE agree that each will retain the vehicle which they are presently driving and that each shall be solely responsible for all costs associated with the vehicle, to include insurance, loan payments and maintenance, and other costs related to the vehicle. WIFE agrees to indemnify and hold HUSBAND harmless for any and all liability on the loan against her vehicle. HUSBAND agrees to indemnify and hold WIFE harmless for any and all liability on the loan against his vehicle. HUSBAND agrees to execute any documents needed to effect the transfer of any of his right, title and interest in WIFE's vehicle to WIFE alone. WIFE agrees to execute any documents needed to effect the transfer of all of her right, title and interest in HUSBAND's vehicle(s) to HUSBAND alone. ~" 11. PARTIES' BUSINESSES. During the marriage, HUSBAND and WIFE operated two (2) businesses from three (3) office locations. A. Denture Walk-In Center of York. Inc. York Office. Denture Walk-In Center of York is an "S-Corporation" formed on January 13, 1995. Pennsylvania Business Corporation Bureau records indicates HUSBAND is the President, Secretary and Treasurer of this corporation. Denture Walk-In Center of York operated two offices, one in York, Pennsylvania and one in Chambersburg, Pennsylvania. WIFE did not participate in the operation of this business after December 1999. HUSBAND continued to operate this business from December 1999 until he sold the assets of the York office to Steven A. Witkowski as documented in a purchase agreement dated March 14, 2002. HUSBAND did not sell the stock in the business nor its corporate form to Dr. Witkowski. The gross selling price for the business was $60,000.00. After payment of broker's commission, HUSBAND received a net of $54,000.00. HUSBAND also received the benefit of collecting any accounts receivable at the York Office. HUSBAND executed and completed the purchase of this marital asset in the absence of WIFE's agreement. . HUSBAND alone retained the proceeds from the sale of this business, receipt of which he hereby acknowledges. HUSBAND shall remain liable for any accounts payable as a result of this sale which were attributable to any goods or services delivered to or rendered to the Seller or the York practice. HUSBAND shall be responsible for any outstanding debts related to HUSBAND's operation of this business until the sale. B. Denture Walk-In Center of York - Chambersbura Office. The HUSBAND operated the Chambersburg Office of the Denture Walk-In Center of York. After HUSBAND sold the York Office of the DWIC-York, the parties reached an agreement in a March 25, 2002 special relief hearing that HUSBAND would operate the Harrisburg Office of DWI and WIFE would operate the Chambersburg Office of DWI-York. WIFE began to operate the Chambersburg Office on or about April 1,2002. HUSBAND represents that he filed an Out of ExistencelWithdrawal Affidavit on Denture Walk In Center of York, Inc. on or about February 26, 2004, indicating the assets were distributed and business ceased on or about December 31,2003. WIFE continues to conduct her business at this location, as a new entity. WIFE shall be responsible for all taxes and liabilities for the Chambersburg Office from April 1, 2002 forward. The parties stipulate and agree that WIFE shall receive the assets of this entity as part of the equitable distribution of marital property in this matter. HUSBAND shall indemnify WIFE and hold her harmless for any and all liability related to the business prior to April 1, 2002. HUSBAND waives all right, title and interest he may have in WIFE'S new business. WIFE '. ,~ L - .' ~ ,'^~ '.'-'-'1,,~ J^,I~.-'. '",.;,., shall hold HUSBAND harmless for any and all liability related to the business incurred on or after April 1 , 2002. C. Denture Walk-In Center Inc. - Harrisbura Office. The parties are officers in an "S" corporation known as Denture Walk-In Center, Inc. which was incorporated on January 18, 1989. HUSBAND represents that he filed an Out of ExistencelWithdrawal Affidavit indicating to the Department of Revenue that the business was no longer operating effective December 31, 1999 and that it had merged with the Denture Walk In Center of York. However, no corporate records indicate this purported merger. In August, 2002, HUSBAND contacted WIFE and indicated that he no longer wished to operate the Harrisburg office of Denture Walk-In Center. HUSBAND indicated that he would turn the business operation over to WIFE if she desired to operate this business. HUSBAND told WIFE he would withdraw from the business, close the office and file for bankruptcy if WIFE did not intend to operate the business. WIFE began to operate the business on or about September 1, 2002 and continues her business at this location to the present. WIFE shall be responsible for all debts of the business incurred after September 1, 2002 and shall be responsible for taxes, penalties and liabilities beginning September 1, 2002. Except as specified herein, any past due debts associated with this business up to and including August 31, 2002 shall be the responsibility of HUSBAND. HUSBAND shall indemnify WIFE and hold her harmless for any and all liability related to the business prior to September 1, 2002. WIFE shall hold HUSBAND harmless for any and all liability related to the business incurred on or after September 1, 2002. The parties stipulate and agree that WIFE received notice from the Pennsylvania Department of Revenue for the corporate tax liability for Denture Walk-In Center Inc. dated November 7, 2003 reflecting the following obligation: 12/98 Capital Stock Tax Penalty 12/99 Corporate Income Tax 12/99 Corporate Net Income Tax interest (through 12/08/03) Total $107 $5465 $1385 $6957 If this debt has not been satisfied at the time of the execution of this Agreement, WIFE stipulates and agrees that further interest has and will accumulate on this debt, which is her obligation, until it is satisfied. WIFE further understands that this debt may need to be satisfled as a pre-condition to the dissolution of the corporate entity with which it is associated. The parties stipulate and agree that HUSBAND shall promptly undertake the necessary steps to effect a formal dissolution to end the existence of the entities Denture Walk In Center, Inc. and Denture Walk-In Center of York, Inc. 12. REAL ESTATE. The parties were the owners of a residence, which was marital property, located at 1809 Hunter Drive, Mechanicsburg, Cumberland County, Pennsylvania. The property has been transferred to WIFE by quit claim deed. Because the deed incorrectly identifies WIFE is a "single woman," the parties stipulate and agree that WIFE will cause a corrective deed to be prepared which HUSBAND will promptly cooperate with signing. HUSBAND waives, relinquishes and releases any and all right title and interest in the marital home and agrees that the home shall be the property of WIFE alone. The parties stipulate and agree that WIFE has refinanced the mortgage, at WIFE'S expense, on the property in the name of WIFE alone. The home has a 2004 Tax Assessment Value of $194,910 and is subject to WIFE'S mortgage obligation of $100,000. 13. HOUSEHOLD GOODS AND PERSONAL PROPERTY. The parties agree that they have made distribution of household goods and personal property in a fashion that is a equitable and satisfactory to them in light of the overall scheme of equitable distribution as provided in this Agreement. Both parties waive further claim one may have against the other regarding personal property or household goods, except as specified herein. 14. ALIMONY. In consideration of HUSBAND'S agreement to assume responsibility for debt of the marriage, including, but not limited to, taxes, penalties and interest, and credit card debt incurred personally and on behalf of the parties' businesses WIFE now waives forever, any and all right or claim, past due or future, to support from HUSBAND, whether the claim be in the form alimony, medical support, alimony pendente lite or spousal support. HUSBAND waives now and forever, any and all right or claim, past or future, to support from WIFE, whether the claim be in the form of alimony, medical support, alimony pendente lite, or spousal support. , ~ ,- - '.-,", , "-- ,'~ _ c' "", 1'- ",',' "~',,.-, , .,' 1..,.;,.,(_>< ."-c_'" Nothing in this Agreement shall be construed to modify, waive, relinquish or discontinue any amount of past due or current child support under Docket NO.1 008 Support 2000, PACSES No. 048102841. 15. PAST DUE TAXES. The parties have heretofore flied joint federal and state tax returns. Both parties .agree that in the event any deficiency in Federal, state or local income tax is proposed, or any assessment of any such tax is made against them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. HUSBAND shall be responsible to pay any unpaid tax liabilities, interest, and/or penalties which may be associated with the operation of Denture Walk-In Center of York, Inc. and Denture Walk-In Center, Chambersburg office, through the first quarter of 2002. Beginning with the second quarter 2002, WIFE shall be responsible for all tax liability incurred thereafter. With regard to the Denture Walk-In Center operated in Harrisburg at 2023 N. Second Street, HUSBAND shall be responsible for any and all tax liabilities, interest and penalties associated with the operation of this business until September 1, 2002. Effective September 1, 2002, WIFE shall be responsible for any tax liability, penalties and interest associated with the operation of the Denture Walk-In Center office located at 2023 N. Second Street, Harrisburg, Dauphin County, Pennsylvania. HUSBAND shall be responsible for the payment of any federal income taxes, penalties and interest due on the parties' joint or individual returns through December 31, 1999. Commencing with the tax year 2000, the parties are separately liable for their federal, state and local income taxes as well as any penalties or interest due thereon. 16. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of documents. The parties will sign Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce Decree contemporaneously with the execution of this Agreement. Following the entry of a Decree in Divorce, HUSBAND agrees to, within ten , J _~ _, , _ __ r.__ ,_ --',- 0'1,-1 ,{. __'---""~;' ,,---_ _".'i~,___.,I"_ , - --'- ','- ~~, (10) days of a request made byWIFE execute a corrective deed conveying all of his right, title and interest in the former marital residence to WIFE alone. Additionally, the parties will cooperate with signing the necessary documents to effect a dissolution of their former business entities known as Denture Walk-In Center, Incc and Denture Walk-In Center of York, Inc. Once executed, the parties stipulate and agree to promptly file any documents necessary to conclude business for these entities. 17. ATTORNEY FEES. COURT COSTS. WIFE shall bear the expense for preparation of this Agreement. Neither shall seek contribution on counsel fee, except as otherwise expressly provided herein. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provisions of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's fees, costs and expenses ofthe other party in the absence of a written demand provided to the counsel of record, or to the party alleged to be in breach at their last known address. Demand shall be adequate if it is sent via regular U. S. mail to counselor via certified mail to the party and provides at least fourteen (14) calendar days for compliance. For purposes of this provision, and in absence of notice to Defendant to the contrary, the presumptive correct address for notice to the Plaintiff shall be: Yolanda VanDenEeden 1809 Hunter Drive Mechanicsburg, PA 17055 For purposes of this provIsion, and in absence of notice to the Plaintiff to the contrary, the presumptive correct address for notice to the Defendant shall be: Everett VanDenEeden 1087 -A Huron Drive Harrisburg, PA 17111 "0_ I,.. " < j,-I- -,,'_",- L;. In absence of a notice to the other party of change of address, a breaching or alleging breaching party shall not be relieved of obligation for attomey's fees, costs and expenses under this paragraph for failure to receive written demand. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the non breaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non- marital property; (b) The right to obtain an income and expense statement of either party; i-i (c) The right to have all property identified and appraised; I I' I .1 (d) The right to additional discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documents, the taking of oral deposition, any all other means of discovery permitted under the law; and ;~ I,' l:: :,: ;j [1 i:;; ,! (e) The right to have the court make all determinations regarding marital and non- marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. VOID CLAUSES. If any term, condition, clause or provision of this Agreement, shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and . operation. '" >'~ '" ~' , 1-, . ".-- "_',,._,,<__. -',' .1'-1.',-; -.";-b,. . "~,: 21. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set for herein. 23. CONTRACT INTERPRETATION. For purposes of contact interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. ~L\."",,--- Witness ~ '\,...... ~ :233411 ~. ~ ~- '.,-,'.' '.'~, ~, -" ^ '0 Id -~ ','ki",-' .1 COMMONWEALTH OF PENNSYLVANIA COUNTYOF {bJ:;al~ On the ;.qtt day of ~d,.uL , 2004 before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared YOLANDA VANDENEEDEN, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she i;lcknowledges the foregoing instrument to be her free act and deed. ss. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. Nolana! Seal Kristee K. Myers, Notary Public Lemoyne Boro. Cumberland County My Commission Expires Dec. 2, 2006 Member, Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ ss. On the .;)~ ''-P day of ~ , 2004 before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared EVERETT VANDENEEDEN, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. '-~k^^_. ~'''-.. Notary Public ~ .,. NOTARIAL SEAL DIANNE LENIG, Notary Public Lemoyne Borough Cumberland Co. My Commission Expires Dec. 21, 2005 '_~~IMli1.\~~~~>i1l,",'!j,,,,,~_~,;j;__"'" ~(II ~,Ie,,) .. !l[l,!lll!ll,,~. U"""". , ~, 1__'_,_, ~^' .., v, ,.,., """."e,-.X,_<'__'.' ~'-~";"IIlIij!f-"""- ~ ~-",,'I_",_-~ "-I" _~ ~. '-"'.......iiililliilll { q t:5 0 "'~ -11 ~,,'~ -""' j!,-n ~- :x: (,;:1 CO n1;::=; , ;"\ ....:::: r.~ -o!~ , \ :0' ;-'::')";, (.,.) O{ ~~. :?~'h -U _,--n 9~ (') ';~,tl ::j\: 2-rn - S'{ ~.." ''j.:'" ~ Ul ~~ (.Ii . ,:", ... .",-,' " ~",. --, "'':':'1 YOLANDA V ANDENEEDEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA I' I I I': I, 1 , I 1-; I! '! !"I I,) i;1 v. : NO. I:] j ~ i',1 jl i': " , ii i I ! !: EVERETT W. V ANDENEEDEN, : CIVIL ACTION . LAW Defendant : IN DIVORCE VERIFICATION i: i] i I, I I I! I i' i " I': i i: I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 il ,. ! relating to unsworn falsification to authorities. , i" !, By: Yola ~J<J.ll a Vandeneeden ~ Date: \ \]20 /00 ~_ . ~ ,. - _,,"~. ,_~ ,_ e__ , ,~. ,~ "___>._' -,~--'-- ~,"<",,-,'-f ,,,,,.-, ' ....j~ Johnson, Duffie, Stewart & Weidner By: Melissa Peel Gteevy, Esquire LD. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com Attomeys for Plaintiff YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8313 CIVIL TERM v. EVERETT W. VANDENEEDEN, CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDA VlT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about November 28, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. 94904 relating to unsworn falsification to authorities. Date: \0 J z. 't JOy. :233542 i: ~';';ililfiil~'~;IiJill;"iWIII~.J..:"":!.l'J"~ 'dim,;i\!;l~'!!lIUt--""'-='-r,,,,,.......:..,""i:tiMi!Illi~ "";'l" ~~ .~ ~~ - "'""-"'''''''''~''-~ - 0 "" 0 = c: (::;,) ~kn ?~ x- Z --l ".:lr,c:~ .C . q:1~r: 0 f'i:t.:1J -< r7 ~~~~. I :BM'J eN (n~, 'ir:~: ~T! .,-1~ -0 -.""'Tl ::~~. ~G [3m .:..., ~ 01 ?n -l' .< " " ,I ~ '- =1 ~ < ' '" ' ' , ~_ j, I ' , "' t . ~ ;-:~:';~__"I ",,-," Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy, Esquire 1.0. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com Attorneys for Plaintiff YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8313 CIVIL TERM v. EVERETT W. VANDENEEDEN, CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDA VlT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about November 28, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and co ect. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. !i49M -; 'ating ~l!nsworn falsification to authorities. :' ,.' V( I ~___ Date: /tJ" f<t(-&Y '(I Everett W. VanDenEeden, Defendant :233542-3 ~1wU_tIIlWil""'~~~ '__'-"ilIbllll~.--l--~lt[ ,,' ~-~~~~~~k1 '.~~~ ilI~" ".~ ,o~, , .~_~__,,",~ _~ .c~ ,~~,,__,' ,l~->,""" ,_"~_" "'" ,,-y, ,.. ~~ - ~ ,,, ~ '.' ,"'... c__. I:il:idBii' ,-~ .' "", """'j "" ~ = "'." J;:- -- .--j ~, ::C"'rf 0 .......,:,: l1li"" I -o.n :00 w a:, ::r!( -0 --:H :'1,: 0-- ..'_rO om ,-, rJ1 15 .j:;- -< - - , . c ..1 i '" "-,,1. < ~ . Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy, Esquire !.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com Attomeys for Plaintiff YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8313 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. EVERETTW. VANDENEEDEN, Defendant 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 in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is flied with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: \0 lz,9jo If :233542-2 ;1\--. L'~~Iii<~-ib.;"~!i;~I~~~~~~t:"""i1'~~hW'!flilif"';' ~' " , .~n~ ''"' -p'~" ,~.,,,~ .~~. ,"- -,.- ..f~~'''''' "'-''''''....-'Iiiitiiliillti i.' ~ .., ~.~~.~_ 'C.5 "? ~ ~ o (- ~. r:: C~' ~~I:,((~\ PC: -r ~:;\ ":(, '!_1 \ (.iJ Q, --' '":1:4" ",.,-" " r'- "L1i^G~ ~-lJ (:), :J. -..i:::H 1'''')-:;;-) -,;--~ '"--n 6' eA '~9: ~ :;;::,:~ -- .' {J\ ,I'- ~ ~ '-j- - I ~e' ~ ~_, "." j ,I ~d,/*'" _'~_, !.-.:.-:,-: ,>,;;Ik ,,~-. ~ ..,~ Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com Attorneys for Plaintiff YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8313 CIVIL TERM CIVIL ACTION - LAW v. EVERETTW. VANDENEEDEN, IN DIVORCE Defendant 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 in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 pazc.s. relat.ing to unsworn falsification to authorities. I. /j /l Date: /tf.~ Cf,(f)~ .. . /f/) f/!(r- Everett W. VanDenEeden, Defendant :233542-4 a~IlimIiIdJilj~~OOI~it!~~~~~;""'c.,,"':'----... k j,U}L,~JlJ!J fJI =,"""';;"~~"'''''"", ,,~;.u JJ),,,,,,. ;,'~",>'t"'~.!' '<.' 'W.'" ,_ -.','.,)~ '","-'"",~ ,~. , vy_ ,___,~. .,,~ _-< % "> " " ,~-" "" " 'lIl!IlU!h ".............'~ """"'..........._-~ --IiiiiliIIIiI' '.' (") '" -= 0 C c= -n <c ...- aJ:<1 z .-< 0 :J: -,'-' 4~~ "' . <: rn-:;: . -O~J ~'- ", I ("~i :0 ,I ./ W ;)0 ~ :r-ri ~:~3 -0 -S"T) ::JI: :~C, - ::51Tl :~I .. .c-I U1 );..,. .< :Xl J:"" .-< 'IIi J' 1'-, , ,-" -.,.~,-:_":,,~,'-.;' 1:->,., " YOLANDA V ANDENEEDEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-8313 EVERETT W. V ANDENEEDEN, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE Marianne E. Rudebusch, Esquire, being duly sworn ac<.:ording to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 29th day of November ,2000, she did serve upon, Everett W. VanDenEeden, the Defendant in the foregoing case, a true and correct copy of the Complaint in Divorce by sending a copy by First Class Mail, certified/restricted delivery, postage pre-paid, to the Defendant. The proof of service for said Complaint is attached. Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer within twenty (20) days from the date of service or the matter would proceed without him. Swom to and subscribed before me thishWd day of---f'Jo\1/.r ,2004. BY:~ r~~\A.CA i ' Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 ~~_"U~il.lllIil~llU~~~J...~:lIiti&I~.(al.L"'('~"llc~mr"'t.'>k: _itJ!liililitiJii:~ '0 .""~ , ~~ ""'lilli~]Li' .,,- ,;", '>1i.d-,-=-wo" "',;_--,,-"~'~'~"''''---'-''''''''''>'''O If 0 ,..., ~ = c: = ;:;:: .r- 9S'~~ :z: -.4 10 ffl~ -< ~~~ , -om w 56 .- =e-ri ~.~~ -.-. ~ "TI :X ~~C) ::Srf1 ~ ~3 :;l> U1 -0 , (J1 ::< -, I I il I- i! I ~, -- .. SENOER: COMPLETE THIS SECTIOM . Complete items 1. 2, and 3. Also complete item 4 jf Restricted Oelivety Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Everett W. VanDenEeden 2023 North 2nd Street Harrisburg, PA 17102 C. SIgnature x D. Is delivery address different from item 1? If YES, enter delivery address below: o Agent o Addressee DYes DNo lee Type [] Registered o Insured Mail o Express Mail o Return Receipt fot Merchandise DC.OD. . Restricted Delivery? (Extra Fee) 2. Article Number (Copy from servi:~!abe1) '/'P(}O iJrotJO f)1)d,r 3370 &9"55" PS Form 3811, Jury 1999 Domestic Retum Receipt i02595.0Q.M-0952 . Ul Ul cO ...Il o l"'- ,." ,." Postage Certflled Fee ~ -Return Receipt Fee eo.... _ -\Endorsement Required) ru o Restrlctetl Del\veTY Fae CI (Endorsement Flequired) Total t:lruot"'DA- & ~~ ~ Everett W. VanDenEeden 2023 North 2nd Street Harrisburg, PA 17102 o o:::l ~r: ~ f-: m.. I -.---.-------1. ____h___h__ "I .- , t, !!:'!hii;~;i!;:;!:~i~:~~:i[;!~:!:I::~:~:,~:i:'i;' ,', .!" ;';:)ji'i :i:::'1:1:~>';i:;::;; ,W:i~i;;; i ..'! .'.~;!J!j:i;..::~i::!";:'~i',:!"!~:,::::,: .':"".;,', ::;.'.~ ,',::.m hOp... trKcnt'nn.llsps. g"villeld~ta-cgi:Jb2" -,\ v.. cbd_2.+:::.J2w/I:.1G , " nC! -jl'''''''i TH:~'! :.......j:! 'II~! L '-:',:1 'j3i',C- L~;L:I_ ~;':"';_ '3t' ; t' T I~' ,~' .~, ",: l .. Direct Que-t") - Intranet P~lge- ! or" I http://trkcnthn.usps.govinetdata-cgildb2www!cbd 242 .d2wlIM G ,:0 3r:I~d TH::lf,jt-'i::lH r HJl'-:t:'d d3('.01 12. (1)1.) OOL'~:;t'Si. Ii. T g~:~t OOO~!~O!~t ... .'. ... ..... ....... . ! !~~~!tiiili'""l<i<lli'lli;!iill<'~""$'t'ii-.fM"-i~"~!~~".6.'!ilW:!i'~","1"I',-""",ill.,",,,,_.",,,: ,j;"Wn~-4l"'~,WliliMi!!lr~1l~1!1~:;rll!:\\'i~1~~':~'E.i;ofO:::;~~. "ct'.. ~~"'" '..,J """'/ j" ., ^""',~ .- -.' <<--~ .~. ~. "~. ,-, ,".~~~ o~ ,_ ,. ,~.",",' ,- wi" ~~""";llilf"':-' ('") c: \y~j fl;] f.1~ ....._,,~i ;::c-- ~~ I,e; '<:: ;:r::I~' ~~~ ~..~ -<~ ,~~. .', ~._-,..". "" = = .r- :;r:: C) ~.: 1 ,,~ o -n ..... :ern "'T1 ~~ -C'''', C):D 2:(') r..-')m ~, :JtJ ~, ~ -u ::Ji: U1 Ul . ,0. :5:-"-< mcoO OOr- (0)> IIZ ~co _z)> 0-1< cnm)> lll::Oz COO ::O::Om G)-z - <m -omm )> 0 m z -" --oJ o Q'1 Q'1 'oN" 1_, 'cOi'l_ _ , ()"'O ~z= :>. 0.. U;';::l n CO'::TCI ;':1:0 ",0>... "'Sa ~ < -. '<~c <(J)O D.l_:! "'~.. -. '" - I>> gt ,.. a:: II a CI .. ~ '" o ~ '" ~: ! ! I. f I. ""_"J,."""p . ~. __.I.. I [, ..........."'''-, ~?~ YOLANDA V ANDENEEDEN . Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW vs. NO. 00 _ 8313 IN DIVORCE CIVIL 19 EVERETT W. V ANDENEEDEN Defendant STATUS SHEET /" DATE: _I I ,I'" ~~ ~- """">t_, ,-.,", . ~I I f YOL~A V ANDENEEpEN l~oq t1\JY\'W~ O~W~Plaintiff ~k'{l\c"~ Yp: 'l1DGb IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW EVERETT W. V ANDENEEDEN *Qq? I"lp~oO Defendant STA',l.'US SHEET NO. 00 _ 8313 : IN DIVORCE CIVIL 19 DATE: ~,11/D ~ ~/~/O ~ !1.-'1/tJ 'i - I Q/~,Ot '\f)M~~~ IOI'),1/oitt \'.?f61'~' - , c I , '-I; 'I' , YOLANDA VANDENEEDEN, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 8313 CIVIL EVERETT W. VANDENEEDEN,: Defendant IN DIVORCE TO: Melissa Peel Greevy , Attorney for Plaintiff Thomas J. Williams , Attorney for Defendant DATE: Wednesday, March 3, 2004 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. ./ to: I " .1. ; ~ ~'i,1 . (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. cc: Everett W. Vandeneeden, Defendant .c" I' .' .'; J>:--"'"'' . _ ~ ""',,:,,'-1"-: 10/26/2004 16:09 FAX 7172452165 TURD LAW OFFICES ,,~' ~001 Turo Law Offices RON TURO, Esquire GALEN R. WALTZ, Esquire JAMES M. ROBINSON, Esquire JAMES G. GAULT, Esquire RICHARD D. KOCH. Esquire MICHAEL.M. JEROMINSKI, EO,squire OF COUNSEL: ROBERT J. MULDERIG. Esouire I~K;f>::~:[~\:t%, 7 ...... J"l~""".c,.ti!.t,." W...'.'.. 1,1...,:iT~... ...~1~r~..-illll:~~1~1'. 'jf\~_lxr.1I ":':~*i~~:::?:~;". " www.TuroLaw.com 28 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245-9688 (SOO) 662-9778 Fax (717) 245.2165 FAX COVER SHEET PLEASE DELIVER THE FOllOWING PAGES TO: C-fih.:J t'/C~ II b~ )'1n 1? MJ.)J. RE: Va: ",,{-e.h t -=J<...... ~>v-J.re..... t ~. TOTAL PAGES: 'i.j DATE: !DP'(,/I/JY FAX#..:(r.f 0 7 ~ 9 0 TO: FROM: COMMENTS: PLEASE CALL OUR OFFICE AT (717) 245-9688 IF YOU DID NOT RECEIVE THE COMPLETE FAX TRANSMISSION. THANK YOU. ~***~********.*.*..+..*.w*********~..w**~.******..********...*.**....**T*****.*.**.*********.****~* CONFIDENTIALITY NOTICE: This facsimile contains confidential information, which may be legally privileged and which is intended only for the use of the Addressee(s) named above. ~f you are not the intended recipient, or the. employee or agent responsible for delivering it to the intended' recipient, you are hereby notified that any dissemination or copying of this facsimile, or the taking of any action in reliance on the contents of this telecopied information may be stri~tly prohibited. If you have received this facsimile in error, please notify us immediately by phone and return the entire facsimile to us via the U.S. Postal Service. Thank you. 10/26/2004 16:09 FAX 7172452165 Turo Law o.ffit:'es RON TURO, Esquire GALEN R. WALTZ. Esql)ire ~A.MES M, ROBINSOl\1, &quire JA:M!$:G. :GAUL T,Elltutre RIC~ROD.I<iOOH,I;squit;e MI~L,M. JEROMtN$l(I, Esquire OF COUNSEL: ROBERT J. MULDE RIG. ESQuire E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 "1" "I",: I,,"," , ~' ;-' ,- TURO LAW OFFICES ~002 www.TuroLaw.com 28 South Pit! Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562.9778 Fax (717)24&-2165 ,.i. . "'~ l"(~l1Bl.1! M..vi.~ION October 26. 2004 Re: Conference with Counsel and Parties SCheduled For October 27, 2004 at1 :30PM Dear Mr. Elicker: Enclosed are my September 1st and September 16, 2004 letter to counsel Melissa P. Greavey, Esquire advising her that my client Mr. Everett W. Vandeneeden, has retained me for the sole and singular issue of Petitioning the Court for a Bifurcation of the Divorce. As you can discern from the September 1, 2004 letter to Ms. Greavey, I have indicated that representation to her in paragraph 2. I contacted Mr. Vandeneeden Tuesday, October 26, 2004 and he again iterated to me that he retained me solely for the Bifurcatiol1 proceedings and I was not to represent him at the Property Settlement Issues. Therefore, I will not be in attendance at the October 27, 2004 conference. Furthermore, Mr. Vandeneeden will be representing himself pro se at the schedu afternoon conference. GRW/jah c.c. Melissa P. Greavey \ ALEN R. WALTZ, squire Gwaltz@TuroLaw.com ~_.~ ~." L I" - ~."""'i.l:. 10/26/2004 16:10 FAX 7172452165 TURO LAW OFn CES ~003 Turo Law Offices www.TuroLaw.com 28 South Pill Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245.2165 RON TURO, Esquire GALEN R. WALTZ, Esquire JAMES M. ROBINSON, Esquire . JAMES G. GAULT, Esquire NANCY A. PRESCOn, Esquire OF COUNSEL: ROBERT J. MULDERIG. Esquire Meliss@ P. Greevy, Esquire Johnson, Duffie, Stewart ,g. Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Re: Yolanda Vandeneeden v. Everett W. Vandeneeden NO. 00 - 8313 in Divorce September 1, 2004 FILE COpy Dear Ms. Greevy: On August 31,20041 provided to my client, Everett W. Vandeneeden, a copy of the Marital Settlement Agreement that was received from your office via fax. At that time Mr. Vandeneeden instructed my sec;retary that, although he wishes that i continue to represent him during the Bifurcation proceedings, that I no longer negotiate with you regarding the Marital Settlement Agreement. He advised my secretary that he would handle the negotiations with you regarding the Marital Settlement Agreement as a result of limited/depleted financial resources. On this date I spoke to you telephonically and advised of the above representation's furthermore, I indicated that we are placed in a more difficult ethical situation as a result of Mr. Vandeneeden's decision. Nevertheless, we should be able to respect that wish based upon financial need. The paragraph in the Marital Settlement "titled advice of counsel" will have to be changed to reflect that Mr. Vandeneeden had/has the opportunity to consult with me in regards to the Marital Settlement Agreement: however Mr. Vandeneeden has chosen of his own free will to direct me not to be involved with the Marital Settlement Agreement negotiations. Should any additional clarification of the above representation be required contact me. ( ~~ GALEN R. WALTZ, Es Gwaltz@TuroLaw.com GRW/jah c.c. Everett Vandeneeden Robert Elicker 1-; I ., " I :1: . ..1 10/2612004 16:10 FAX 7172452165 Turo Law Offices ~004 www.TuroLaw.com RON TURO, Esquir" GALEN R. WALTZ, Esquire JAMES M. ROBINSON, Esquire JAMES G. GAULT, Esquire NANCY A. PRESCOTT, Esquire OF COUNSEL: ROBERT J. MULDERIG, Esquire 28 Soulh Pitt Street Carlisle. Pennsylvania 17013 (717) 245-9688 (800) 552-9778 Fax (717) 245-2165 Melissa P. Greevy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 September 16, 2004 ~ ~ ~ ,"Q I am receipt of your September 7th and September 15, 2004 letters. I have spoken to my client and was advised that he g,hall be contactir:lg you on this date, September 16, 2004 to discuss the matters relating to the separation property settlement agreement that was forwarded to Mr: Vandeneeden. Re: Yolanda Vandeneeden v. Everett W. Vandeneeden NO. 00 - 8313 in Divorce Dear Ms. Greevy: It is was indicated in my September 1, 2004 letter to you, it Is Mr. Vandeneeden's desire to negotiate directly with you thereby completely avoiding additional attomey fees. c);t, GALEN R. WALTZ, E quire Gwaltz@TuroLaw.com GRW/jge c.c. Mr. Vande need en I , " . I I: YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 8313 CIVIL EVERETT W. VANDENEEDEN, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND PARTIES TO: Melissa Peel Greevy Yolanda Vandeneeden , Counsel for Plaintiff , Plaintiff Galen R. Waltz Everett W. Vandeneeden , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 27th day of October 2004, at 1:30 ~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: 10/4/04 E. Robert Elicker, II Divorce Master " ~ , ~ ~ ,'j . ,~. ,~,>-~, ."~,,,,-. ".:..~"I,~-~ " ",~"",kL, '""-'..1,,,1-,, "~,I JERRY R. DUFFIE RICHARD W STEWART C. ROY WEIDNER. JR EDMUND G. MYERS DAVID W. DELucE JEFFERSON j. SHIPMAN RALPH H. WRIGHT. JR MARK C. DUFFIE JOHN R. NINOSKY MICHAEL J CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY LAW OFFICES JOHNSON DUFFIE OF COUNSEL HORACE A. JOHNSON F LEE SHIPMAN BRUCE J GROSSMAN" "admitted in NY only \VH!'['.I.;;}(S E.\'l'. NO. 118 E.tv.1AIL mpg(c'i.jdsw.com September 17, 2004 FAX AND REGULAR MAIL 240-7890 E. Robert Elicker. II, Esquire Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle. PA 17013 Re: Yolanda VanDenEeden v. Everett W. VanDenEeden No. 2000-8313 Civil Term In Divorce Dear Mr. Elicker: We hereby request your office to schedule a second Pre-hearing Conference with counsel and the parties in the above matter at your earliest opportunity. Thank you for your consideration. Very truly yours, JO~.SON'.D. UFFIE, STEWART & WEIDNER ub:JdvSt Melissa Peel Greevy ~ MPG:kkm:235545 cc: Galen R. Waltz, Esquire Yolanda VanDenEeden 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.jDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@jDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, PC. 1':-- f ~ u~ YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 8313 CIVIL EVERETT W. VANDENEEDEN, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND PARTIES TO: Melissa Peel Greevy Yolanda Vandeneeden , Counsel for Plaintiff , Plaintiff Everett W. Vandeneeden Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 6th day of August 2004, at 8:30 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: 6/14/04 E. Robert Elicker, II Divorce Master . 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'ifJ/:] ~ NO. 1008 S 2000 CIVIL TERM PACSES NO. 048102841 CIVIL ACTION - LAW , :1 ,! YOLANDA VANDENEEDEN, v. EVERETT W. V ANDENEEDEN, Defendant ORDER OF COURT AND NOW, this /],.. day of 11th ~ , 2001, upon consideration of the foregoing Motion to Compel Answers to Interrogatories and Request for Production of Documents. it is ordered that Defendant provide the requested Answers within Z 0 days of service of this order, or show cause why such answers are being withheld. Failure to comply with this order will result in sanctions as provided by Pa. RCiv.P. 4019. BY THE COURT: L Aii J. ~ ~ ., . .,-- p:r~,"._ f'!IIIJ'I!.'"j'''''~'''''''"'' ~ - "-,~~L-~ --' ,y- f .l~ V, FiLED-CI:F1Cr:- ')::(\-1' ~j-(\\f(yrA'RY , , 'j ,:"".; ,-..., Ii 11 o j OCT I 2 P~l 3: 20 CUMBS'ILANO (;OUNTY PENNSYLVANIA ~.. ~ri __ ~~_~~.," IU .... <:l ~d " -"-. 'I .} , :,_'":" " ,lfl!()[~,~~.~~tI!l!I~~~Iii'_~~I!!'!!I"'~!l'f!~:!I(!wmU!~~I""""'~!,,"" _",Wl~ , 'Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson J.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff, Yolanda VanDeneeden YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1008 S 2000 PASCES NO. 048102841 v. EVERETT W. VANDENEEDEN, CIVIL ACTION - LAW Defendant MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 1. Plaintiff is Yolanda VanDeneeden. 2. Defendant is Everett W. VanDeneeden. 3. On June 28, 2001, Plaintiff served a Request for Production of Documents upon Defendant in connection with the parties' divorce action docketed to No. 1008 S 2000. A copy of the Request for Production is attached hereto and marked as Exhibit "A". 4. Defendant had a period of thirty (30) days within which to respond to Plaintiffs request. Pa.R.C.P.4009.12(a). 5. Defendant failed to produce any of the documents requested and/or offer any expianation for failing to do so. 6. Subsequently, on August 27,2001, Plaintiff forwarded a set of Interrogatories to Defendant, a copy of which are attached hereto and marked as Exhibit "B". , 7. Defendant had a period of thirty (30) days within which to respond to the Interrogatories. Pa.R.C.P.4006(a)(2). 8. On or about September 20, 2001, Plaintiff reminded Defendant of his obligation to answer the Interrogatories within the appropriate time frame via correspondence attached hereto and marked as Exhibit "C". 9. The thirty (30) day time period in which to answer Plaintiff's Interrogatories expired on or about September 27,2001. 10. On or about September 28, 2001, Plaintiff advised Defendant via correspondence attached hereto and marked as Exhibit "D" that he was delinquent with respect to answering the Interrogatories. Plaintiff also extended the time period for Defendant to provide answers. Finally, Plaintiff advised Defendant that she intended to file for sanctions in the event Defendant did not comply with the extension. 11. To date, Defendant has failed to respond to Plaintiff's Request for Production of Documents and/or Interrogatories. WHEREFORE, Plaintiff respectfully requests this Court enter an Order: A) Requiring Defendant to answer the Interrogatories and Request for Production of Documents within ten (10) days of the date of this Order; and B) . Ordering any other relief this Honorable Court deems appropriate. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER BY:~W~ Keirsten W. Davidson :150321 JI:RRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER. JR. EDMUND G. MYERS DAVID W. DELUCE RALPH H. WRIGHT, JR. DAVID J. LANZA Iv!AR.K C. DUFFIE KElRSTEN WALSH DAVIDSON MICHAEL J. CASSIDY LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: www.jdsw.com HORACE A JOHNSON OF COUNSEL nLEPHONE 717 -761-4540 FACSIMn.E 717-761-3015 E--MAIL mail@jdsw.com WRITER'S EX'!'. NO. 18 E-MAIL kwd@jdsw.com June 28, 2001 Everett VanDenEeden 2023 North 2nd Street Harrisburg, PA 17102 Re: Yolanda VanDenEeden v. Everett VanOenEeden No. 00-8313 Dear Mr. VanDenEeden: Enclosed herewith please find a Request for Production of Documents. These documents are to be turned over to my office within thirty (30) days. If you have any questions, I suggest you forward this onto your attorney and have that person contact me. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Keirsten W. Davidson KWD:jlb:147564 Enclosure cc: Yolanda VanDenEeden . , " . Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8313 CIVIL ACTION - LAW IN DIVORCE v. EVERETT W. V ANDENEEDEN, Defendant REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT TO: Everett W. VandenEeden 2023 North 2nd Street Harrisburg, PA 17102 You are directed to produce the following items at the office of Johnson, Duffie, Stewart & Weidner, 301 Market Street, PO Box 109, Lemoyne, Pennsylvania 17043, within thirty (30) days after service of this req uest: 1. A copy of any and all corporate income tax returns for the Denture Walk-in Center of Harrisburg, Inc. and the Denture Walk-in Center of York, Inc. for 1997,1998,1999 and 2000. 2. A copy of any and all financial statements and balance sheets for the Denture Walk-in Center of Harrisburg, Inc. and the Denture Walk-in Center of York, Inc. from January 1, 1997 until the present day. .-I!Wi;~ " , 3. Regarding any corporate credit cards or corporate charge accounts which are in your name, or on which you have personal use, please supply monthly credit card statements from January 1999 until present ~~ . 4. Copies of documentation and information pertaining to any business expense accounts which you are permitted to use pursuant to your employment and ownership interest in the Denture Walk-in Center of Harrisburg, Inc. and the Denture Walk-in Center of York, Inc. 5. Copies of any and all information and documentation documenting any bonus moneys which you received from January 1, 1999 until present day. 6. Copies of any and all pay stubs documenting any and all income received, from any source whatsoever, including referral fees, from January 1, 1999 until present day. ,f.j ,'-r""v 7. Copies of any and all appraisals, valuations, or evaluations of the value of the Denture Walk-in Center of York, Inc. and/or the Denture Walk-in Center of Harrisburg, Inc. which you have obtained in the last five (5) years. 8. Copies of any and all itemized monthly statements of all checking accounts, savings accounts, brokerage, security and/or stock accounts, or any other account held in any financial institution by you or for your benefit for the time period of January 1, 1999 to the present. 9. Information pertaining to any employee benefits which you may have as a result of your employment. If you fail to produce the documents or things required by this Request for Documents, you may be subject to the sanctions authorized by Rule 4019 of the Pennsylvania Rules of Civil Procedure. JOHNSON, DUFFIE, STEWART & WEIDNER BY:~l~/l , Keirsten W. Davidson ~. ~ . , ,. Ii i ' l i_. ~ ._F ., VERIFICA TION The undersigned says that the facts set forth in the foregoing Answer to Request for Production of Documents are true and correct. This verification is made subject to the penalties of 18 Pa. C.SA 94904, relating to unsworn falsifications to authorities. Everett W. VanDenEeden Date: :147394 . ,''--"-.' ~~ - ""'~~ - ,. , :Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. a.Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 YOLANDA VANDENEEDEN, Plaintiff v. EVERETT W. VANDENEEDEN, Defendant " 'I L ,,'l!tl'&, , l, Attomeys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8313 CIVIL ACTION - LAW IN DIVORCE CERTIFICA TE OF SERVICE I hereby certify that on th~y of ~ ,2001, that I served a true and correct copy of the Request for Production of Documents upon the Defendant, Everett W. Davidson, by certified mail, restricted delivery, to his mailing address at 2023 North 2nd Street, Harrisburg, Pennsylvania 17102, return receipt requested, attached hereto and made a part hereof. Date: June 20, 2001 :147394 JOHNSON, DUFFIE, STEWART & WEIDNER By: ~ uS-- Keirsten W. Davidson td , JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER., IR. EDMUND G. MYERS DAVID W. DELUCE RALPH H. WRIGHT. fR. DAVID 1. LANZA MARK C. DUFFJE I<:E1RSTEN WALSH DAVIDSON MICHAEL 1. CASSIDY ROBERT M. WALKER LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: www.jdsw.com HORACE A. JOHNSON OF COUNSEL TELEPHONE 717.761.4540 FACSlMILE 717.761-3015 E--MA1L mail@jdsw.com WRITER'S ElIT. NO. 18 E.MAIL kwd@jdsw.com August 27, 2001 Everett W. Vandeneeden 2023 North 2nd Street Harrisburg, PA 17102 Re: Yolanda Vandeneeden v. Everett W. Vandeneeden No. 1008 S 2000 Dear Mr. Vandeneeden: Enclosed herewith please find a set of Interrogatories that you are required to answer within thirty (30) days after service upon you, pursuant to Pa. RC.P. 1920.22(b) and 4005. If you have any questions regarding these Interrogatories, I suggest you direct them to your attorney. Mrs. Vandeneeden would like to make a comprehensive settlement proposal and finalize these divorce proceedings in the very near future. Once we have an opportunity to review your answers to the enclosed Interrogatories, we will be in a position to make such proposal and work toward finalizing the divorce. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Keirsten W. Davidson KWD:jlb:149373 Enclosure cc: Yolanda Vandeneeden :I, Ii, ~ '. , Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson J.D. No. 78243 301 Market Street P.O.Box109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1008 S 2000 PASCES NO. 048102841 v. EVERETT W. VANDENEEDEN CIVIL ACTION - LAW Defendant INTERROGATORIES TO DEFENDANT TO: Everett W. Vandeneeden 2023 North 2nd Street Harrisburg, PA 17102 Demand is hereby made by the Plaintiff of the Defendant for answers, under oath or certification, to the following Interrogatories within the time and in the manner prescribed by the Rules of Court. You are required to file answers to the following Interrogatories within thirty (30) days after service upon you pursuant to Pa. RC.P. 1930.5 and 4005. NOTE: Questions concerning marriage, children, and marital offenses are with relation to the other party to this suit, unless otherwise indicated. DEFINITIONS AND INSTRUCTIONS Answer every Interrogatory. No question is to be left blank. If the answer to an Interrogatory is "none" or "unknown", such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. (A) "Documents" is an all-inclusive term, referring to any writing and/or recorded or graphic matter, however produced or reproduced. The term "Documents" includes, without limitation, correspondence, memoranda, interoffice communications, minutes, reports, notes, schedules, analyses, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, printouts, recordings, telegrams, films, tax returns, financial statements and all other such documents, tangible or retrievable of any kind. "Documents" also include any preliminary notes and drafts of all the foregoing, in whatever form, for example, printed, typed, longhand, shorthand or other form. ~,~ ~~ j "IL " ,~ slIdilj " " " (8) Whenever a date, amount, or other computation or figure is requested, the exact date, amount, or other computation or figure should be provided, but if not known, then, the aooroximated date, amount or other computation or figure should be given or the best estimate thereof; and the answer shall state that the date, amount, or other computation or figure is an estimate or approximation. (C) These interrogatories are continuing, and any information secured subsequent to the filing of your answers which would have been includable in the answers had it been known or available, is to be supplied by supplemental answers. . . " ., I-i. 'i Ii _it '1', J' I. GENERAL INFORMATION. 1. State the date on which you are answering these Interrogatories. 2. State your full name, present address, date of birth, and sociai security number. 3. Describe your educational background, including the names and locations of any schools which you attended and/or from which you have graduated, and any and all degrees which you may have received, stating the years of attendance and of graduation. 4. What is the current state of your health both physical and psychological or emotional? If you are under the care of a physician or other professional for any reason whatsoever, with respect to each such physician or professional, state the following: a. The name and address of the person; b. The purpose for which you are seeing the person; c. The time period during which you have been seeing the person and the period during which it is anticipated that treatment will continue; d. Your diagnosis and your prognosis. 5. State the date of separation. 1- " ( II IJ . "~, "', J. II. REAL ESTATE. 6. As to any real estate in which you now have, or have had an interest at anytime during the past five (5) years whether individually, jointly, or in partnership form, or in corporate form, or as trustee for any person, or as a beneficiary under any trust, or held by anyone for your beneficial interest, complete one of the information sheets attached hereto and identified as FORM A: (NOTE: Use one FORM "A" for each real estate interest.) Enter here the number of FORM "A's" attached 7. If, within the last five (5) years, you have obtained rental income from any real estate, state. a. location. or identification of the rental income property; b. name and address of each person from whom rental income was received; . .'. III. EMPLOYMENT AND INCOME. 8. State your primary occupation or profession. 9. State all licenses or certificates held by you from any governmental unit or occupational or professional group, organization, or board. 10. As to each source of wage and/or salary income, complete the attached wage and salary information sheets identified as FORM B. (NOTE: Use one FORM "B" for each source.) Enter here, the number of FORM "B's" attached 11. five years: Check which of the following have produced income or loss for you at anytime during the past Dividends Interest (including interest on tax-exempt securities) Partnerships in which you are a partner Pensions and Annuities Consulting fees Director fees Advisor fees Profit on sale of assets reported on Schedule "D" of your Federal Income Tax Returns Business Income (Reported on Schedule "C" of your Federal Tax Income Returns) Alimony Unemployment compensation Disability income payments Buyout or payout from a business or professional group, association, partnership, or corporation. . .,1 I ,.J.., ~,I~ ,_;Cy , ., IV. BUSINESS OR COMMERCIAL INTERESTS. 12. Complete one FORM "C" attached hereto for each corporation in which you now hold or have held within the past five (5) calendar years, 5% (see Form "C") or more of the outstanding and issued capital stock, whether common or preferred. (Note: Use one FORM "C" for each such interest.) Enter here the number of FORM "C's" attached 13. Complete form "D" attached hereto for each partnership in which you now hold or have held within the past five (5) calendar years any interest. (NOTE: Use one FORM "D" for each such interest.) Enter here the number of Form "D's" attached V. OTHER ASSETS. 14. Identify any automobile, truck camper, mobile home, motorcycle, boat, airplane, or vehicle of any nature that you own or have an interest in. 15. State whether you own any furniture, household goods, jewelry, antiques, art work, furs, collections or other items of value exceeding $500.00. 16. Set forth, with particularly, all personal property which you have transferred or disposed of during the last five (5) years, having a value of or having been sold for $500 or more. 17. Complete one FORM E attached for each banking account (checking, passbook, NOW, statement saving, certificate of deposit, saving certificate, etc.) in which you now have or within the past five (5) years have had, any interest, ownership, or power of withdrawal whatsoever, whether individual, joint, as custodian or trustee for others, or as the beneficiary of an account held by another as custodian or trustee. NOTE: IRA's, Keogh's, or other bank retirement plans need not be mentioned here. (NOTE: Use one Form "E" for each account). Enter here the number of FORM "E's" attached . .. 18. State the name, business address, and telephone number of: a. Your present accountant and any a=untant who has performed accounting services for you, your business, partnerships, real estate, etc. during the past five (5) years. b. Your stockbroker or any securities brokerage firm with whom you presently maintain an account or with whom you have maintained any account within the past five (5) years. 19. Complete FORM "F" for any and all bonds, stocks, and other securities, mutual funds, money market funds in which you now have or within the past five (5) years have had any interest whatsoever whether individual, joint, as custodian, or trustee for others or as the beneficiary of an account held by another as custodian or trustee. (Include securities even if interest or dividends thereon are exempt from taxation.) 20. Do you now own or have you in the past five years owned any tax-free instruments or investments where interest or dividends earned are not required to be taxed by the Federal Government? If so, identify them. 21. Are any of your expenses paid by another person or entity? 22. Identify any safe deposit box which you have had or used within the past five (5) years. , ""0 . '"Ij, .~ '~"~, 23. List all life insurance policies in which you are either the owner, insured, or beneficiary. 24. Complete one Form "G" for each pension or other retirement plan, IRA, Keogh, etc., in which you now participate or have participated at any time within the past flve (5) years. Enter number of Form "G's" attached VI. CREDIT. LIABILITIES AND OBLIGATIONS. 25. For each credit card or charge account maintained by you at present or at any time within the past five (5) years, whether in your individual name or jointly with others, state: a. type of card; b. in whose name it is maintained; d. balance at separation; c. date opened; e. balance presently. """"~ , ' . I.J ~ "" '", i'#'rlf 26. marriage. Describe any and all assets with a value of $500 or more that you owned as of the date of this 27. List any and all liabilities you owed as of the date of this marriage. 28. State any and all assets with a value of $500 or more which you believe your spouse owned at the time of this rnarriage. 29. List any and all liabilities which you believe your spouse owed as of the date of this marriage. 30. Identify and describe in detail of each and every item of property that you own, have possession of or have any interest in and which you contend is llili.."marital property" subject to equitable distribution in this case, and with respect to each such property, set forth the following: a. when it was acquired; b. the consideration paid, or the value as of the date the property was received or acquired; c. in whose name it was acquired, and how it is titled and/or held; t ' , '~t l, ,-, "" !c.i!lii'!_ d. its value at the date of acquisition, the date of marriage, the date of separation, and its present value; e. describe in detail the facts and legal theories upon which you base your contention that such property is not "marital property"; cr:rp~ fA )~ Keirsten W. Davidson Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff Date August 27,2001 ",' j, I REAL ESTATE INFORMATION FORM "A" (NOTE: Complete one (1) Form "A" for each Real Estate Interest) A. Address of property. B. Type of property: (ex: condo, single family residence, unimproved lot., commercial etc). . C. Date of acquisition. D. Name(s) in which title recorded. E. Purchase price or value at acquisition. , I h ';m,,~ ""~ ~.' <-"'~. '. FORM "A" F. The value as of: (i) Date of marriage; (ii) Date of separation; (Iii) The current date. G. Present assessment for tax purposes, setting forth assessments for land and improvements separately. H. As to any mortgage, encumbrance or lien of any nature, provide: (I) Identity of mortgagee or holder of encumbrances; (ii) Amount of original mortgage or encumbrance; (iii) Amount of present outstanding mortgage; (iv) Original term of mortgage; -- , " (v) Remaining term of mortgage; (vi) Monthly payments. J_ 'I - FORM "A" J. ilK' - ,1_. u ~:; " INCOME FROM WAGES AND/OR SALARY FORM "S" (NOTE: Complete one (1) Form "B" for each source of wage or salary) A. Name and address of business or other entity from which you receive salary or wage. S. Indicate which of the following is applicable to the source of wage or salary income you receive: self-employed employed by another partnership in which you are a partner sole proprietorship in which you are the sole proprietor professional corporation in which you are a shareholder closely held corporation other, please indicate C. Title or capacity in which you are employed, and nature of your duties. ~~ - '" , ' j IL~ . '" ~~,:_-:: , ,. FORM "8" D. Your gross yearly, monthly or weekly income, if paid on an hourly basis state hourly rate of pay for both regular and overtime hours. E. List all deductions from your pay including, but not limited to taxes, insurance, FICA, savings, loans. ii: F. Your net yearly, monthly or weekly income. G, Do you receive any travel allowance, expense account or other reimbursement for expenses from your employer? H. Set forth any bonuses received by you from your employer in the past five (5) years indicating date and amount received. I. Attach a copy of a recent pay stub, ,. '" , '''''',.'. i' " FORM "B" I. If you participate in any profit sharing or other deferred compensation plan through your employment, state, as to each such plan: 1. Identity of pian and plan administrator; 2. Amounts credited to your account in each of the past five (5) years; 3. Portion of amounts contributed by you and portion contributed by your employer; 4. Present balance of your interest in such plan; 5. Extent to which your rights to each such plan have vested; 6. Name of any beneficiary of such plan(s). .~'.~ '. FORM "B" J. If you are a participant in any stock option or stock bonus plan, provide: 1. Identity of plan and plan administrator; 2. Amounts credited to your account in each of the past five (5) years; 3. Portion of amounts contributed by you and portion contributed by your employer; 4. Present value of your interest in such plan; 5. The extent to which your rights to each such plan has vested; Ii .~ '~'I ~ "~~ ~ I,. ' I, FORM "8" K. Check which of the following benefits are provided for you: health insurance for you health insurance for your family members life insurance on your life disability insurance or wage or business interruption insurance payment for occupational or professional licenses and association dues country club dues clothing allowance use of motor vehicle (state if business-owned or leased) payment of auto gas, repairs, insurance payment for travel and seminars medical reimbursement housing allowance or use of employer-owned dwelling other (specify) : ~J' ,~ j~:"'\mt~ -~ '" ~ I, -~-"'-'.- CORPORATION INTEREST INFORMATION FORM "C" (NOTE: Complete one (1) Form "C" for each corporation in which you now hold or have held within the past five (5) calendar years, 5% or more of the outstanding and issued capital stock whether common or preferred.) A. State corporate name and location of business office (not P.O. Box). B. State the nature of the corporation's business. C. State your position with the corporation. D. State the name and address of the chief financial officer of the corporation and the accountant of the corporation. E. State the total number of outstanding shares owned by you at the present and the class of stock involved. F. State the date you acquired your initial interest, the. cost and the number of shares acquired (if more than one acquisition date, set forth each acquisition date after the initial acquisition and number and cost of shares acquired). G. If within the past flve (5) years you have sold, gifted, or otherwise disposed of all or part of your Interest, state the date(s), number of shares involved, and the terms of saie or other disposition. "~ - ,. ;~'.' }, .. FORM "C" H. State the name(s) and address(s) of the other shareholders, the officers and the Board of Directors, indicating the number of shares held by each and his or her position with the corporation (NOTE: if any of these persons are related to you please so indicate and identify the relation). I. Have any changes to the corporate officers been made within the last two (2) years? ,~. -'~ ~~ ..1.1 ' I, ~; /, ," PARTNERSHIP INTEREST INFORMATION FORM "D" (NOTE: Complete one (1) Form "D" for each partnership in which you now hold or have held within the past five (5) calendar years any interest.) "j A. State partnership name and location of business office (not P. O. Box). l'i ! :;! i,1 I,! " " , i! (1 '" B. State the nature of the partnership's business. f:! C. State whether it is a general or limited partnership; and whether you are a general or limited partner. D. State your percentage ownership interest. E. Provide the name(s) and address(s) of all other partners. F. Provide the name and address of the accountant for the partnership. G. State the date you acquired your initial interest, the cost, the percentage ownership and state the date, cost and percentage for any subsequent acquisitions. H. If within the past five (5) years you have sold, gifted, or otherwise disposed of all or part of your interest, state the date(s), percentage of interest involved, and the terms of sale or other disposition. ",,' ~~-~- ~ .-. ., ""I ::. BANK ACCOUNT INFORMATION FORM "E" (NOTE: Complete one (1) Form "E" for each account). A. State name of bank and type of account. B. State the date you opened such account or date you acquired your interest therein. C. State the date you closed the account or otherwise ceased to have any interest therein. D. Attach monthly statements for the past 2 years. E. Provide account balances as of the following dates: 1. Date of marriage; 2. Date of separation; 3. Date you answered these interrogatories. II "" _U'lliL ~ ,~~ ~. J :-' 'I " ~ _,_, " J ,~ SECURITIES INFORMATION SHEET FORM "F" A. Identity of any securities you hold, own or possess, or that are held for you by any financial institution or other person. B. Number of shares or principal amounts of bonds. C. How title held and name(s) of all others in title. D. Date of purchase. E. Cost. F. Value at the date of marriage. G. Value at the date of separation. -~,"-,~,._.......... !, 'I FORM "F" H. Value at the date you answered these Interrogatories. I. If you have sold any securities, what is the date of the sale. J. What are the proceeds of the sale. ., ~.' ,_,. I " .w; II I' =-~'^ .' RETIREMENT/PENSION INFORMATION FORM "G" (NOTE: Complete one (1) Form "G" for each pension or other retirement plan, qualified or non-qualified, Keogh, etc. in which you now participate or have participated at any time from the date of marriage until the present.) A. Describe the nature of plan (Keogh, Defined Benefit Plan, etc., and whether or not qualified). B. State the balance on each of the following dates: 1) date of marriage; 2) date of separation; 3) date you answered these interrogatories. C. Provide the name and address of the bank/plan administrator or trustee. D. State the date on which you opened the account or date on which your participation in the plan commenced. ~" ,~ .o......-.._J..... ,",-, I" u ,"" <- '@il:;,: " " FORM "G" E. Identify the named beneficiary of the plan. F. Can you take loans against or liquidate your interest in the plan? G. Are you partially or wholly vested in your plan? If so, to what degree are you vested? When will you be fully vested? H. Is your interest matured? If you are in pay status, what is the amount and frequency of your payments? I. Attach a copy of the plan and any account statements reflecting your interest in the plan as of the following: 1) date of marriage; 2) date of separation; 3) date of answers to these interrogatories. 4~~ _~ ,~ -_. ll, """. l' C" ".'""',,*~:,l ~.f.. l 1 COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF I, Everett W. Vandeneeden, do hereby depose and say that the information set forth herein is true and correct to the best of my knowledge, information and belief I make this statement subject to the penalties of 18 Pa. RC.P., Section 4904, relating to unsworn falsification to authorities. Everett W. Vandeneeden Sworn and subscribed to before me, this _ day of ,2001. I " Notary Public I: ~ ~ _~~ l. ., LAW OFFlCES JOHNSON, DUFFlE, STEWART & WEIDNl A Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: www.jdsw.com JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, IF.. EDMUND C. MYERS DAVID W. DELUCE RALPH H. WRICHr. IR. DAVID I. LANZA MARKC. DUFflE I<EIRSTEN WALSH DAVIDSON MICHAEL J. CASSIDY ROBERT M. WALKER TELEPHONE 717 -761-4540 FACSIMILE 717-761-3015 E#MAIL mail@jdsw.com September 20, 2001 Everett W. Vandeneeden 2023 North 2nd Street Harrisburg, PA 17102 Re: Yolanda Vandeneeden v. Everett W. Vandeneeden No. 1008 S 2000 Dear Mr. Vandeneeden: ..'1 II ~I lL. """""-,:', HORACE A JOHNSON OF COUNSEL WRITER'S EXT. NO. 18 E-MAIL kwd@jdsw.com Recall that on August 27. 2001, I served a set of Interrogatories upon you that you are required to answer pursuant to Pa. Rep. 1930.5 and 4005. The thirty (30) day period within which you have to answer these Interrogatories expires on Wednesday, September 26,2001. We will pursue sanctions against you pursuant to Pa. R.C.P. 4019 in the event that you fail to return timely answers. We anticipate your full cooperation with this most important matter. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Keirsten W. Davidson KWD:jlb:150127 cc: Yolanda Vandeneeden ..I J " 'L"' "' 'W ~-' .> JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR- EDMUND G. MYERS DAVID W. DELUCE RALPH H. WRIGHT. JR. DAVID J. lANZA MARK C. DUFFIE KEIRSTEN WALSH DAVIDSON MICHAEL I. CASSIDY ROBERT M. WALKER LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET P. O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: www.jdsw.com HORACE A JOHNSON OF COUNSEL TELEPHONE 717-761-4540 FACSIMILB 717-761-3015 E..MAIL mail@jdsw.com WRITER'S EXT. NO. 18 E-MAIL kwd@jdsw.com September 28, 2001 Everett W. Vandeneeden 2023 North 2nd Street Harrisburg, PA 17102 Re: Yolanda Vandeneeden v. Everett W. Vandeneeden No. 1008 S 2000 Dear Mr. Vandeneeden: You are now delinquent with respect to answering the Interrogatories served upon you on August 27,2001. Enclosed herewith please find a Motion for Sanctions that I intend to file against you unless I receive your answers in my office by Wednesday, October 3, 2001. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER Keirsten W. Davidson KWD:jlb: 150346 cc: Yolanda VanDeneeden 'j _c I """,'i.'.I"",",,-,_ "'r.' YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 8313 CIVIL EVERETT W. VANDENEEDEN, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Melissa Peel Greevy Yolanda Vandeneeden , Counsel for Plaintiff , Plaintiff Everett W. Vandeneeden Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 24th day of May 2004, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: April 8, 2004 E. Robert Elicker, II Divorce Master , , , YOLANDA VANDENEEDEN, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 8313 CIVIL EVERETT W. VANDENEEDEN,: Defendant IN DIVORCE TO: Melissa Peel Greevy , Attorney for Plaintiff Thomas J. Williams , Attorney for Defendant DATE: Wednesday, March 3, 2004 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. I, - II - d_ IJ_ ',- "J~lihl . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. -;th41 a J W, II/a !1175' ) ~ NO /! tIl () P <-- J-.4j)/ ,J .7 ~ ( /" rfrt'~! J-/// ';l er)t.N-1f Uqt1detJEe-oIe'1j P/5!/?i/io D~hf/1Jql1f: elf) co 1-/0-)1 J 5 C 0-4J P /rn CI 5 f9/~ t?t:. / q A1 Cow cer[1fcl ar2zif ~ry Itt-r /ltol't ;--~~oy. fie-aye r~c:cetl~ tVl74 ;r4-e -;7;Z/Qi c{~' DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT ChtiillM tJl' AclJe~f; I NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE PI FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE (<to,fe. fe..lI1d It!! CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE . ... If ..' AT THE MASTER'S DISCRETION. CiYh-I/-ltJi/frflt--1IJce 11 AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL ;1/)l c//h.U.}L/y o,t' OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY / I COUNSEL, INDICATING THAT DISCOVERY IS NOT ~ Q.. 7 /) COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL ( 0 i? .~ fJ ItlAtf-tlJ /Ij F STATEMENTS WILL BE ISSUED AT THE MASTER'S U. ' . ;, l)' DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A //lfffl.>69;"Cf Tit 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. cc: Everett W. Vandeneeden, Defendant ~F~~~U~~~~,~~1~~~&~' . "T .~ j I a , ., J I f' :~ ! J , " I' I , j f I I I """ ~ ~ ~ Q""- ~ ~ I\'t- ~~'--\..- . ~ i :1'" , s ~ .:s-- "'-'~~ ~ 1 -"\ s ----- I"-..~ ~ ~ "-- ~~ ~-----.~ I, ~ '~(IlI!o/~~"~-,:: . - - - - ~ ~ - .- ~ ,J -- -. '\J ~ ~ - ~ ~ ~ <0 '~ ~ ~ ~ ''':; -l -:J ~ Ii;) '" ~ - -.:: -:::, S ~ ~ - - ~ ~ l:.1" '\;;::, ~ 'r. C~ ~ (':1 <V ~ +- f.l) 0 ~ ''I\, .,... ~ ~ ~ () J~" --t 'r. ~ ~ (j .' _. -~"",,,,,~,"""0i!J;'!iII;((~_~~ - .' ,', . -, ~ q" ~'~- . < YOLANDA VANDENEEDEN, Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 8313 CIVIL EVERETT W. VANDENEEDEN,: Defendant IN DIVORCE TO: Melissa Peel Greevy , Attorney for Plaintiff Thomas J. Williams , Attorney for Defendant DATE: Wednesday, March 3, 2004 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. , Some discovery has been completed in this matter. However, information regarding the parties' incomes and business interests are not up-to-date. The Defendant has not provided an explanation of the use of funds from his unilateral liquidation of a portion of the parties' business interest known as The Denture Walk-In Center of York. It is not known whether the Defendant has filed Federal Income Tax Returns for the years 2001, 2002, and 2003. Plaintiff has been advised that the Defendant has discontinued his representation with Thomas J. Williams, Esquire. There is a Support Modification Conference pending for March 31, 2004. This Conference was scheduled at the request of the Defendant. Therefore, at that time, it is anticipated that Defendant will provide all required disclosures regarding his business interests, income SOlJrces, and assets in support of his outstanding petition. ".., I,').. ,-- ., .'j~'~.-,'_, -. ~"-.""-' ' '"" - r, ,.' . ^'l!-"'c (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. ~~ 'lIb, DATE NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. cc: Everett W. Vandeneeden, Defendant " ' "'-'0'.' "',__"" "-'';' I, ~....",,~~, ,- . CERTlFICA TE OF SERVICE AND NOW, this 25th day of March, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing Certification upon the other parties. of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Everett W. VanDenEeden 1087-A Huron Drive Harrisburg, PA 17111 ",: JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER. JR. EDMUND G. MYERS DA VID W. DELUCE RALPH H. WRIGHT, JR. MARK C. DUFFIE MICHAEL J. CASSIDY MELISSA PliEL GREEVY ROBERT M WALKER WADE D. MANLEY LAW OFFICES JOHNSON, DUFFIE, STEWART & WEIDNER A Professional Corporation 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: www.jdsw.com HORACE A. JOHNSON COUNSEL TO THE FIRM TELEPHONE 717-761-4540 FACSIMILE 717-761-3015 E-MAIL: mail@jdsw.com WRITER'S EXT. NO. 118 E-MAIL mpg@jdsw.com March 25, 2004 E. Robert Elicker, II, Esquire Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Re: Yolanda VanDenEeden v. EverettW. VanDenEeden No. 2000-8313 Civil Term In Divorce Dear Mr. Elicker: Enclosed herewith please find Plaintiff's Certification in the above divorce matter. Very truly yours, JO SON, DU FIE, STEWART & WEIDNER MPG:kkm:226096 Enclosure cc: Everett W. VanDenEeden (w/encl.) Yolanda VanDenEeden (w/encl.) I.. ~. v ~J;" I~ THE COURT OF COMMON PLEAS OF Ct'MBERLAND COUNTY, PENNSYLVANIA ,j ~ /CllA dOl Vcrvt del/( tecl~f1 Plaintiff vs. etfel~(2# ~l1 clebi C{Jdi2J1 NO. <r;313 ~ -;z..0<70 r .II' / I C / MOTION FOR APPOINTMENT OF MASTER 't-vf!4-(lJI/)O,VI oIC0. t.Nlel/i . (Plaintiff) ~efenda':9' moves the court to appoint a master with respect to the following claims: . (:>t.;l Divorce ( ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) AliJnony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claiJns(s) for which the appointlllent of a master is requested. (2) The defendant (has) ~has nog appeared in (by his attorney, h, h (3{ ~e stat ~~~ ground(s) for divorce (is) C.ol/(CI ct)./e /ffe,2-d!',!4ctL (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been ~eached with respect to the the action (pe~sonally) ,Esquire). are following claims: (c) The action is contested with respect to the following claims: (5) The action (involves) (does not involve) c01llplex issues of law or fact. (6) The hearing is expected to take / (7) Additional information, if any. Dc-!et.?c'c,lAf 17,'1> Aid /'1Crfl-rc-r! /1J('ers. '~~$e W<"lA/,} I/I<.e... Date: :2< - ... >..0 if., (hours) (days). relevant to the motion: .J/z f I/t _ It If(/~ / Attorne. f r ~ 0Defen~ ORDER APPOINTING MASTER _ . ,19M f.. ~ t:t-.J~ respect to the following claims: Esquire, AND NOW' )/ud ,/ is appointed master. with /.1../.-( By the Court: I J ( ,iij!~.i'\-"'Wi<I!M:IIi!~ii!~'W1!IIYl~~~<\mV.~,..A."j;j<"bc.,,,,'b"'''i.';>' ;,~,,'-: ,>,'--',),I~"'i)';"'&hIU!1i'IIMiiUil ~--~.IIlt~~J;k'>i."'~MIililoir.t;,:;:,"",;cllI"!l>_l~ll~ 1- ~~ 1 -is. .~ '" >- ~ = 0 (C <--" '-n -C-~' ,,-, \) -" .~ r-', 0; ::r'_ _!;,}::-;:) '" () Pl 1'1-,11 ~[2 ~ CD 'r' -"'- i"...) ..orn .~.,...:: ~ -tJ C" .['9. li)e:) ~, (jr.' CI'::C a ~ ,. f~~' LLJ CL. ..t:: t:;,JI.Ll ,~ "jE ~c i W N tsrn ""'..--- s;! ."'.... U._ ..,,' -;:: w ..oJ CJ C~~ :~:) ~ f'-v ,< => '" C) LU.L..J.. .1[ lltlllll[ n j!Jm~",~" . ".,'~,......_.,~_",..,. ,.~~ .~~, ,~""~,"","----~- - "",,>~ .. ...... d"""'_...."""~~""".-,. '0'""''' ,-,_---'-"'-',.~=,.,,~' '" :'" - --" "'. ,",-~ "'" ' '*'"" _ '"^',.... ~O' ~,:"f......b.i,j,~_~~lro.l;O,iiM";loi,,~i...,QF"~'*",. MARTS ON DEARPORFfW~IL~IAMS' "OTTO ,,' --" ,,'-' - ",--", " ,. ", - " ", - ',' ,'" -,::, ;, '::, )-' '. . ','~ :-'- -' .,", ;,,' , ....M.......................,.....n....................:.........~.......v....'.'........:.....l..............................:....................A................................... "",: "",',"-', ":::L!,'::,W:J-''-,>'''':,''':'V, - INFORMATION:-^pVI<.:F.oApVOCACY- - ,"' " '- ," " MarchIO, 2004 ArrbRN'EYS & COUNSELWRS AT LAw WILLIAM 'F. MARTSC>N ' JOHN B. FOWLER III EbWARb L., SCHORPF DANIEL K'DEARboRFF THOMAS J~ WILLIAMS * Ivo V. OTTO III GEORGE'B. -FALLERjR'.* CARL C. RISCH DAVID:A. FITZSIMONS DAV)O It GALLOWAY , ,ANtHO~Y-T. LU,CIDO CHRISTOPHER E. RiCE STEVEN J. SHANAHAN *BOARD CERTIFIED, ClVIL TRIAL SPECIALIST TEN EAsT HI~HS:TREET CARLISLE,.PENNSYLVANIAI7013 . TEl.EPHONE (717)i43~3341 FACSIMlLl;. .. (717)243-1&50 INTERNET '- ~.mdwo~co~ E. RohertElicker,II, Esquire Office of Divorce M;lstet. 9 North Hanover Street Carlisle, PA 17013 RE: Y olandaVand. enE. . eden. v. E. v.erett. W.. VandenEe. d.e. ri , , ' -. '.No.OO-83 13 -Cumberland CoUnty C.C.P. OilrPile No. .10492.1 Deat 1\1r. Elicker: . ... Iwrite to advisethatlhlivebeel1 orally discharge<l by my diellt, Everett W. VandenEeden. While Lhave repr~sented 1\1I; ,VandenEeden in a number of matters relatedtbhis divorce,lhave neverenten\dIlly,appearapcein tmscase. It .would seem, therefore, that a withdl;'awalof appearance is Ilofnecessary;bowe'ver,.ifyou would likemetofile such a Petitioll, I will. .Portherecord, Melissa Peel Greevy,Esquire; who represents Wife, <1Qesllot oppose the wjthdrawal of our appearance . should a petition fo do so be deemed rrecessaiy. . . . . Ihliveta:kentheli~erty of forwarding the discovery certification directly to Mr. V artdeIiEeden;hopefully, youwill receive itdirt;ctly fi:omhim. V erytruly yoilrS, . . .M~~W~LlAMS&OTTO . Thomas J:Williams . TJW/tUe . Enclosure. .. .... ... ..... ... . cC:.MelissaPeeIQr(l.evy,Esquire ..... MLEv*.~y Mdep$eden(w/enc.)' , -, ' ' :'- -' .' F:\FILE1"\DA.!:rAFIL~\~e'ralii;:u!T~n't~i0492~L~I' IN F OR Iv! AT.l 0 N . A D V ICE . ADVOCACY'" , , , - ~JI;:<W\i!7i.iI~~~:..:,c.:;~<~,"i.'\',~~w"'~);j;i:/,~,~~'i'l'm.h;I'th.-;>{i;1)!.JOWJ:d;.:"'~;'[.,'-"'."""'_"';""'('-'C" i-~;'-!~:_,<'n\,';"""""~"~' ,~',;,,,;;-..)I!U;':--"_~' ,~-..::....." ....... .~:"- ;'" "'. ~.';' " ", ,._,-~ '~~, ~-: YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW EVERETT W. VANDENEEDEN Defendant 00-8313 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of March, 2002, upon consideration of the Petition to Dissipate Marital Assets by both parties and their counsel appearing in open court and having agreed to the entry of the following: It is hereby ordered and decreed: 1. Wife shall have operational control over the Chambersburg office of The Denture Walk-In Center of York Incorporated, and husband shall have operational control over the Harrisburg office of that corporation; 2. While the parties are in operational control of theses offices, neither shall sel~ or withdraw any assets from those offices, except in the regular course of business; 3. Both parties shall account for the financial operation of their respective offices as part of these divorce proceedings; 4. Should either party breech this order, the breaching party will be solely responsible for paying in full the non-breaching party's attorney fees in connection with re-listing this order. By the Court, Melissa Peel Greevy, Esquire For the Plaintiff Thomas J. Williams, Esquire For the Defendant ~~ pcb 4-b).0 :J., ~. . r- ~-[ , }i' ,-' rr-:: .-, ,., "'- (~ '1 .' (',II fj~ ,"",,~~~l!Uol!\lj.~_,~,[~~'~~ .- <M ",._~---,-.",;;.,.-",.!i'.' "it': " "it' ' 'ji."';"'k'jJ: -":,' ~l''''' 1'ln~''SP:~rni~n:;;jt. ~:'W1JjfF':wJi"{,:C'~iiiW-;i4, I; ':J) ,~ (I l_;' m8~Fl-'fjlN;f'_,""j?3!'l%!~~\~""'~~1'1!'l'm~i!MJ"M,,*Wr.1I<!il>1""~r>lM1l~ ~~ 11 :j', . YOLANDA V ANDENEEDEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-8313 EVEREIT W. V ANDENEEDEN, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER OF COURT AND NOW, this I J-(fI\. day of T ~ ,2001, upon consideration of the Plaintiff's attorney's, Marianne E. Rudebusch, Esquire, Petition to Make Rule Absolute for Plaintiff's failure to file any response to the previously issued Rule to Show Cause, said Petition is granted and the Rule is made absolute. Plaintiff's Attorney's Petition to Withdraw Appearance as attorney of record is granted and the record shall reflect that the Petitioner is no longer attorney of record for Plaintiff. BY THE COURT: J. "..."11.,1",, " - ~""~ '" , ~" .... ~..." ,,"~~,";Jl'..f,)'lm,~ ~ ,~ ,,~~" (~,," '''''''.~'l:' iff ;;;_!~fr;-rM"f'"'~'~:r'i'~~';:':r:~'~'"rf;~'~;"'f;i~f:' 'M'~""''"~'''~ti':-'-1il~'''-')iffi ,-," '-'-Ijllj~"rj~'{" ~; 11 "I). CI~)i',,; ,)-~ J'_ '(\"" , II ~J" I' C:I\!!'<'~;'{ L'v'/J,I\ !I~I, . '> ;. ~\J ~ ~ 0- '~ ~ J--~ r{ lJ ~ ~ ~~~<wi':B1''''~~;':_~'ll'';,~~'1'R,~f'$!l'''''''~I!f,,"",'lffimm!!~~w.~r,_~ . ~ ,~~- Ilod . YOLANDA V ANDENEEDEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-8313 EVERETT W. V ANDENEEDEN, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION TO MAKE RULE TO SHOW CAUSE ABSOLUTE Marianne E. Rudebusch, Esquire, counsel for Yolanda VanDenEeden, respectfully moves this Court to make absolute the Rule to Show Cause which was issued in the above captioned matter on 6/18/01 and in support thereof states the following: 1. On 6/12/01, Marianne E. Rudebusch, Esquire, attorney for the Plaintiff, Yolanda VanDenEeden, filed a Petition to Withdraw as counsel ofrecord, a copy of which is attached hereto as Exhibit "A". 2. On 6/18/01, the Honorable Edward E. Guido executed a Rule to Show Cause returnable ten (10) days from date of service. 3. On 6/19/01, service of the Rule to Show Cause was made upon the Plaintiff, Yolanda VanDenEeden and Defendant, Everett W. VanDenEeden by the Prothonotary of Cumberland County.. ., , 4. To date, more than ten (10) days from the date of service, Plaintiff nor Defendant have filed any response to the Rule to Show Cause of opposition to the Withdrawal of Appearance as counsel for the Plaintiff. WHEREFORE, Marianne E. Rudebusch, Esquire, counsel for Plaintiff, Yolanda VanDenEeden, herein requests that this Court make the previously issued Rule to Show Cause absolute. Respectfully Submitted, ~A/\^^Lf ILdA~DI4L . Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated:~ - , . -I ~. ' . I 1,,1 .1.' '~ ( I \. ~ ., . . YOLANDA V ANDENEEDEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-8313 EVERETT W. V ANDENEEDEN, : CIVIL ACTION - LAW Defendant : IN DIVORCE RULE TO SHOW CAUSE WHY PETITION TO WITHDRAW APPEARANCE SHOULD NOT BE GRANTED AND NOW, this -1Z!hday of :311 [e , 2001, upon consideration of the attached Petition to Withdraw Appearance of Petitioner, Marianne E. Rudebusch, Esquire, a Rule is granted upon Plaintiff, Yolanda VanDenEeden, and upon Defendant, Everett W. VanDenEeden, to show cause, if any, why the appearance of Marianne E. Rudebusch, Esquire, for Plaintiff should not be withdrawn and Petitioner removed as attorney of record for Plaintiff. Rule Returnable ) () days from the date of service. BY THE COURT: )5/ t)JJfOAd !! cMw1 . J. \ \ - _L' II " "_ ,,__, ~""' "" t ., ( ( , . . YOLANDA V ANDENEEDEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-8313 EVERETT W. V ANDENEEDEN, : CIVIL ACTION - LAW Defendant : IN DIVORCE (") 0 .~.! C;; '5.- t.- -cc: ,":,: mtr z__, PETITION TO WITHDRAW APPEARANCE zc "'. :Q:, ~C; zr', ..-' -:_ 7"''''' - 5Cl r-~ '-.._~ AND NOW, comes Marianne E. Rudebusch, Esquire, attorney for the P!!lffit*, ::;( (D -< Yolanda VanDenEeden, and respectfully represents: 1. Petitioner is Marianne E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, Pennsylvania, 17109. 2. Respondent is Yolanda VanDenEeden who resides at 1809 Hunter Drive, Mechanicsburg, Cumberland County, PA, 17055. 3. Petitioner was retained by Respondent on or about 10/22/00 to represent her in this divurce/custody action. 4. A Complaint in Divorce with a count for custody was filed with this Honorable Court by Marianne E. Rudebusch, Esquire on 11/28/00 thereby instituting the above captioned divorce/custody action. 5. Petitioner asks to withdraw her appearance for Plaintiff because: - --. .. .." ~~';: ( , . . a. There appears to be a serious failure to communicate between Plaintiff and Petitioner and Petitioner can no longer effectively represent Plaintiff, i.e., Plaintiff refuses to take Petitioner's legal advice. b. Respondent will not be prejudiced by having to obtain new legal counsel since this matter is not scheduled for any hearings at this time. WHEREFORE, Petitioner respectfully requests that her appearance be withdrawn for Plaintiff and that she be removed from the docket as Plaintiff's attorney of record. Respectfully Submitted, /(;.AJJYL~ e (~1246~ ~ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: !t/1(fJ( I I "',- " .. , , YOLANDA V ANDENEEDEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-8313 EVERETT W. VANDENEEDEN, : CIVIL ACTION - LAW Defendant : IN DIVORCE RULE TO SHOW CAUSE WHY PETITION TO WITHDRAW APPEARANCE SHOULD NOT BE GRANTED ANDNOW,this 1~~daYOf~ ~ , 2001, upon consideration of the attached Petition to Withdraw Appearance of Petitioner, Marianne E. Rudebusch, Esquire, a Rule is granted upon Plaintiff, Yolanda VanDenEeden, and upon Defendant, Everett W. VanDenEeden, to show cause, if any, why the appearance of Marianne E. Rudebusch, Esquire, for Plaintiff should not be withdrawn and Petitioner removed as attorney of record for Plaintiff. Rule Returnable J () days from the date of service. BY THE COURT: ~~ 6X\>9 ~ V\~.o J. ~~~". -,.,: ~ YOLANDA V ANDENEEDEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-8313 EVERETT W. V ANDENEEDEN, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION TO WITHDRAW APPEARANCE AND NOW, comes Marianne E. Rudebusch, Esquire, attorney for the Plaintiff, Yolanda VanDenEeden, and respectfully represents: 1. Petitioner is Marianne E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, Pennsylvania, 17109. 2. Respondent is Yolanda VanDenEeden who resides at 1809 Hunter Drive, Mechanicsburg, Cumberland County, PA, 17055. 3. Petitioner was retained by Respondent on or about 10/22/00 to represent her in this divorce/custody action. 4. A Complaint in Divorce with a count for custody was filed with this Honorable Court by Marianne E. Rudebusch, Esquire on 11/28/00 thereby instituting the above captioned divorce/custody action. 5. Petitioner asks to withdraw her appearance for Plaintiff because: ~"""'-"'''''-' a. There appears to be a serious failure to communicate between Plaintiff and Petitioner and Petitioner can no longer effectively represent Plaintiff, i.e., Plaintiff refuses to take Petitioner's legal advice. b. Respondent will not be prejudiced by having to obtain new legal counsel since this matter is not scheduled for any hearings at this time. WHEREFORE, Petitioner respectfully requests that her appearance be withdrawn for Plaintiff and that she be removed from the docket as Plaintiff's attorney of record. Respectfully Submitted, .4VJyl~ e (~1246~~ oLt Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: It /'1 ( fJ( I I ,--. "",J_ d__' II. ~;, .Ill. F~ 2002 YOLANDA VANDENEEDEN Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8313 v. CIVIL ACTION - LAW EVERETT W. V ANDENEEDEN, IN DIVORCE Defendant ORDER AND NOW, this riD day of February, 2002, upon consideration of the attached Petition for Special Relief, a hearing is scheduled for 'YV]aJU1A d;J ;Z002- , in Courtroom No. ~ . at 3.~.30 o'clock _. / p.m. ~ J. . " - ,..- "*''''' ^,-;," -, '~"-' '>-- ,,~ ~-~-~.".-"-' ",'0' ~ ..~.-.-,,-,-" ','..,>> >",c':llRl\4iIJf"iiiT'lITJlit C_-:1W _lIilu: ':._1 FEG? ! (): 3Si ;"", CU;'1J'12~::~~-,'_:'.-;j ~..;UUNTY PE~~1'-<SYL>Ji\\\l',!:\ , >, -,- .~ ~ "'" '" ,~" _ n..,..l1!l't!iil!l;, (' ~'<> ,-,,) ,'! cf ~, '} G" l' ~. ~ ~~ ~ '1 t "1i <> \, "il "i WilJ~'ii!l!~'I~wr~i'!'!1'~~~_~i!'1ll!f1lII@"~"""~"'1!"~IlI!IIlIII''''!-'lI!!f ,~ "~" " . ,-- .c'... " "~ Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson, Esquire J.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff, Yolanda VanDeneeden YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8313 CIVIL ACTION - LAW v. EVERED W. VANDENEEDEN, IN DIVORCE Defendant PETITION FOR SPECIAL RELIEF PURSUANT TO PA. R.C.P.1920.43 Plaintiff, Yolanda VanDeneeden, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, files this Petition for Special Relief, and in support thereof avers as follows: 1. Plaintiff is Yolanda VanDeneeden, hereinafter referred to as WIFE. 2. Defendant is Everett W. VanDeneeden, hereinafter referred to as HUSBAND. 3. HUSBAND and WIFE were married on September 18, 1982. 4. WIFE filed a Complaint in Divorce against HUSBAND on or about November 28, 2000, which Complaint includes a count for the equitable distribution of marital property. 3, During the course of their marriage, HUSBAND and WIFE acquired property that can be characterized as marital property subject to equitable distribution, including but not limited to a business entity known as "The Denture Walk-In Center", a/k/a "The Denture Walk-In Center of York" and/or 'The Denture Walk-In Center of Harrisburg". This business entity(s) is believed to be held in HUSBAND'S name individually, although had been titled jointly prior to separation, and operates in three (3) different locations: Harrisburg, York and Chambersburg. The business(es) manufactures and fits dentures. ~~-", , , 4. HUSBAND has sole control over the entire business and all three (3) business locations. 5. Prior to the parties separation in June of 2000, WIFE had been working at the Harrisburg location on a regular basis, assisting HUSBAND in whatever ways he deemed appropriate. 6. Since January of 2000, WIFE has not worked at any of the business locations, nor does she have any knowledge or information regarding the interworkings of the same. 7. On or about January 14, 2002, WIFE and her attorney attended a 4-party conference with HUSBAND and his attorney at WIFE'S request, in order to discuss possible settlement options with respect to the divorce. 8. Since January 14, 2002, WIFE has reason to believe HUSBAND is dissipating rnarital assets, specifically including the business(es) referenced above. WIFE has learned that HUSBAND is failing to order new materials for the business(es) which are typically ordered on a weekly basis; HUSBAND is discussing the sale of the business(es) with many third persons; and HUSBAND has specifically threatened to "let the business go" to the detriment of WIFE. Moreover, HUSBAND refuses to sign a "Stipulation Against the Dissipation of Marital Assets" that includes language requiring him to maintain the business(es) in the same fashion that it had been maintained prior to separation. Furthermore, HUSBAND'S counsel has represented that HUSBAND "reserves the right to seek other employment if, in his sole judgment, he can no longer maintain the profitability or no longer wishes to maintain the pace of work necessary to maintain profitability." See Exhibit "A" attached hereto. 9. This business has been the primary source of income for WIFE and HUSBAND during their marriage. 10. WIFE recognizes the importance of preserving the marital estate and requests the Court to assist her in so dOing. WHEREFORE, WIFE requests the Court to grant her the following relief: 1. Order HUSBAND to continue to maintain the business(es) in all three (3) locations in the same manner that they had been maintained prior to separation; .~." 2. Order WIFE be permitted to operate one (1) or more of the business locations, to the exclusion of HUSBAND; 3. Prohibit the parties from selling or leasing or disposing of in any way, the Denture business(es) referenced above without the express written consent of the other; 4. Prohibit the parties from hindering the successful operation of such business(es) in any way; 5. Order that neither party shall dissipate any marital asset pending final equitable distribution; 6. Order any other relief the Court deems appropriate. Respectfully Submitted, ~(A}~ @/I/{m:- Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson, Esquire :154626 ~. ~ , '''"''-0 006866-00001/February II, 2002/MCD/MH/54452 VERIFICATION I, Yolanda VanDeneeden, verify that the statements made in the foregoing Petition For Special Relief are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: 02/11 \ 102. . ~.(} \J~ JClII lwoi)~ Yolanda VanDeneeden ., ,-> , , t, ^~~ '; , > " , MQW&O FEB 1 1 2002 ArrORNEYS &'COUNSELLORS',AT lAw WILLIAM -F. MARTSON JOHN B. FOWLER III C EDWARD L. SCHORPP DANIEL K. DEARDORFF THOMAS J. WILLIAMS' Ivo V. OTTO. III GEORGE B. FALLER JR.' CARL C. RrscH MARKA~-DENLINGER DAVID R. GALLOWAY *BOARb CERTIFIED CIVIL. TRIAl. SPECEAUST lR'flt::f'~"V!e Ii ij, &:;,.~~<;'t6g, rr;;D TEN EAST HIGH STREET CARLISLE, PENNSYLVANiA 17013 TELEPHONE (7I7) 243-3341 FACSIMILE (717) 243-1850 INlERNET www.mdwo.co,m , }OHNiiON, DUFFIE STEWART AND WEIDNER Februaiy 7,2002 Keirsten W. Davidsan, Esquire Jahnsan, Duffie, Stewart & Weidner . 301 Market Street . P.O. Bax 109 Lemayne, P A 17043 RE: Everett W. VandenEeden Our File No.. 10492.1 Dear Keirsten: As yau may knaw, Everett' s brother died unexpectedly in New Y arkand sa he was aut aftawn far a few days; hawever, I have naw had a chance to. discuss with him the stipulatianthatyou prepared. The stipulatian,is nat acceptable in its present farm. The cancem as expressed to. me was focused an the business samehaw being saId withaut the knowledge or consent ofYalanda. . I tald yau I was nat aware af any plans to. do. that and Everett has canfIrmed this with me. in aur meeting.W e are certainly willing to. enter into. a stipulatian which will embady that. Cansequently, we will agree to. Paragraphs 1, 2, 3, and 5, with the exyeptian afthe last sentence in ParagraphS. Yau can add Paragraph 9 ifyaufeelit is necessary.. . Everett is nat gaing to. cammithimselfta aperating any business; in fact, he specifIcally reserves. . the right to. seek other employment if, in his sale judgment, he canna langer maintain the prafItability or no. langer wishes to. maintain the pace afwork necessary to. maintain profItabilitY. . Everett reserves the right to. sell persanal, nan-business assets if he deems it necessary to. meet his cast af living, including the cast afdefending this litigatian. . As yau knaw, he has had to. sell numeraus investments in arderta live and in arder to. pay his lawyers, and it maybe necessary to. do. that. again. In any event, yau have requested a stipulation and arderprohibiting a sale afthe business and we are agreeable to. that. If yau would revise the stipulation accordingly, I will have Everett sign it. Very truly yaurs, MARTSON DEARDORFF WILLIAMS & OTTO ~ Thamas J; Williams TJW/tde cc: Mr. Everett VandenEeden (w/enc.) F:\FfLES\DA T AflLE\GenILr.cur\10492-kd.3 INFORMATION. ADVICE. ADVOCACy,M " ~- , " , ~ 'I' -_ , i"i: . CERTlFICA TE OF SERVICE AND NOW; this 1 ih day of February, 2002, the undersigned does hereby certify that she did this date serve a copy of the foregoing document upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By:~d~ ennlfer L. Bixler Legal Assistant to Keirsten W. Davidson '" ,,' ~ ~,,'"'' .'-'- ... . ~~~,. ",,","_'~, f"'-".~L"_'. ~'al" ,. Johnson, Duffie, Stewart & Weidner ~ By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8313 CIVIL ACTION - LAW v. EVERETT W. V ANDENEEDEN, Defendant CERTlFICA TE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: ~t~71DJ JOHNSON, DUFFIE, STEWART & WEIDNER By: ~~~ Keirsten W. Davidson : 148353 _I . l' , ... j. ,~, J . ' Johnson, Dnffie, Stewart & Weidner By: Keirsten W. Davidson, Esquire LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 . , " -, '-~>' 'I J '~i' Attorneys for Plaintiff, Yolanda VanDenEeden YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8313 CIVIL ACTION - LAW IN DIVORCE v. EVERETT W. V ANDENEEDEN, Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: t,p!5);;;/OI ~w~ Keirsten W. Davidson, Esquire Attorney for Plaintiff, Yolanda VanDenEeden :147349 '1O;:J1iiI"-~~ , I. ., , L ~"-" "~ ,Il<,h '. ~ OF PENNSYLVANIA COJNl'Y OF CUMBERU'>ND YOLANDA VANDENEEDEN, : Plaintiff : v. . . Fi le No. 00-8313 . . EVERETT W. VANDENEEDEN, . . Defendant SUBPOENA TO PRODUCE DOCl.t1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Alan Ceperich, 33 North 2nd Street, Harrisburg, PA 17110 .' (Nerne of Person or Entity) . ' Within twenty (20) days after service of this subpoena, you are ordered'by the court to produca the following docunents or things: On back , at (Address) YO\.l;may :;cleliv~r.""Or':mail leg.ible copies of the docunents or produce things requested by this" subpoer\a, ....together. wH:h the certificate .of. carp] iance, . to the. party. making this request at the address' listed above. You have.tha right to'seek':ii'l advahce 'the".reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or' things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order corpel1ing you to carply with it. THIS SUBPOENA WAS ISSUED AT THE REOOEST OF THE FOLLCWING PERSON: NAME: Keirsten W.' Davidson ADDRESS: 301 Market Street, POBox 109 Lemoyne, PA 17043-0109 TELEPHONE: 717-761-4540 SUPREI'E COURT 10 ~ 78243 ATTORNEY FOR: Plaintiff, Yolanda VanDenEeden BY. Prothonotar:Y/Clerk.. c' ,Divisjon " an-"Hp- p ~Jl-1A'''(l..r Deputy DATE:. h~1 fCf ;}t''r, I , . ""::-Seal. f; t;h.e,'Court: <........ (Efr. 7/97) j~~IHii:linill:d,"""'';;,ill>U~I';I'','i;"rQ'''AA.,,''~~'li;'''A,~~'''',l,'Jn;,,,,.k"~,_'_~"',",I"'"'''''''_'''''', "c,;d<..l:%.c"""""...~tl\lI~..Alilillllll.ili.k:( -l~-~" "~"""",,,,,jllJ.J,,""i;';"''''''''''',,,,,""!IO.W>l:.'',,*,\!).._'1iiitl =>......0",", '~ , " 1) A copy of any and all cOIporate income tax returns for the Denture Walk-In Centers of Harrisburg and York for the years 1997, 1998, 1999 and 2000. 2) A copy of, any and all financial statements and balance sheets and all supporting. ' documents for the Denture Walk-In Centers of Harrisburg and York' fior the years 1997, 1998, 1999 and 2000. ' 3) A copy of any and all individual inccme tax returns for Everett W. VanDenEeden and/or Yolanda VanDenEeden for the years 1997, 1998, 1999 and 2000, together with all supporting documentation. 4) A copy of documentation and infonnation pertaining to any business ~cpense accounts that MJ:'. Everett VanDenEeden is pennitted to use pursuant to his employment with the Denture Walk-In Centers of Harrisburg and York. 5) A copy of any and all documents pertaining to the incorporation and ownership and/or: transfer of ownership of the Denture Walk-In Centers of Harrisburg and York. 6) A copy of any and all documents regarding refe=al fees received by Mr. Everett 111. Van1JenEeden from 1997 to the present for out of state dental/denture schools. 7) Cash receipts journalS for the Denture Walk-In Centers of Harrisburg and York for the years 1997, 1998, 1999 and 2000. C) ~~~; " , :~c_.} -< :':;) CJ ~:~~~.fir~n~1t~~:.,J11j.~t~~)k:\!;,:~::;;,~".,~",<,~,J~l_,~, -,~~~:;U"~.~;._,,";H~~L~,,.,,1! ~ l L Jh. ,,' " o c_, 1m! ~ " - -" ~ I; c"__" ,j' ",-",'1,.,--. ,.,'. ","",,, ., ,.1. ~~-'r Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8313 v. CIVIL ACTION - LAW EVERETIW. VANDENEEDEN, Defendant CERTIFICA TE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, Plaintiff certifies that: (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served; (2) a copy of the notice of intent, including the proposed subpoena, is attached to this certificate; (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: 'lJQ3jOI JOHNSON, DUFFIE, STEWART & WEIDNER By: 'b~ LJ~ Keirsten W. Davidson : 148353 --. \"j: -~ ,,'. t, ~".." <;,;.MBJi'" . .. t.. , ' ~p1 Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson, Esquire I.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff, Yolanda VanDenEeden YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8313 v. EVERETTW. VANDENEEDEN, CIVIL ACTION - LAW IN DIVORCE Defendant NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Plaintiff intends to serve a subpoena identical to the one that is attached to this Notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Date: lo(cY.( lDl ~w~ Keirsten W. Davidson, Esquire Attorney for Plaintiff, Yolanda VanDenEeden :147349 .~~-- -.., " " ," """ ~': .. . '. ~ OF PEmlSYLVANIA axJNrY OF C(]MBERUIND YOLANDA VANDENEEDEN, Plaintiff v. Fi Ie No. 00-8313 EVERETI' W. VANDENEEDEN, Defendant SUBPOENA TO PRODUCE OOCLt1ENTS OR TH I NGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Chris Hanscho, Morgan Stanley Dean Witter, . 4th and Walnut Street, Strawberry Square, (NErlle of Person or Entity) Harris1;>urg, P'; 17110 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following docunents or things: On back . at (Address) You : may ::delivP.r::'or:mail legible copies of the doct.ments or produce things requested by this" subpoena, .,'.t';ogether' wH.h the certificate ,o1:.carp,1 iance,.. to the. party making this request at the address listed above. You have ,the right to seek"in advance 'the".reasonable cost of preparing the copies or producing the things sought. I f you fai 1 to produce the doct.rnents or things required by this subpoena within twenty (20) 'days after its service, the party serving this subpoena may seek a <X.>Urt order corpelling YOlJ to carply with it. THIS SUBPOENA WAS ISSUED AT THE REQJEST OF THE FOLLONING PERSON: NAME: Keirsten W. Davidson , ADDRESS: 301 Market Street, POBox 109 Lemovne, PA 17043-0109 TELEPHONE: 717-761-4540 SUPREl'E CXXJRT ID # 78243 ATTORNEY FOR: Plaintiff. Yolanda VanDenEeden DATE: ~{..t l" 'dou ;1ry\! '~" Seal, ofl the" rt: ivisjon <......-. (Eff. 7/97) ~~~~ililtiij'Oill",!ttl<.!l.d:,''''-k,:"t'-;~'~;I.lo''-'''''''''rr~.".."-~~i';':<'~_,,,I_'.L"-",:">.,-~,,,,,..{_, : ~b'_'-'- '_"'Hl[G;"";_,;lid"".~,MW.ilIIi,ijl~~M~Ifi$;l~l;l~#i'''''';'#_~'',*,';'";;::>liIl",,,I:>$lIwI~~-.:w.!l_~ IiIIIIIIII1 . 1) A copy of any and all documents and infonnation regarding any brokerage or other ",j.nvJ:\stment"",ac,counts",_in.., the,_name_of,_Ell.erett"",'W,.,_\lanDenEeden",,_oLirLwhich,l1e,l:Jas-aIL,in,teres t. with Morgan Stanley Dean Witter fran January 1999 until the present. This should specifically include an itemized listing of all investments accounts, dates on which they were acquired and/or relinquished, values in each account as of the date of acquisition, relinquishment and currently, and in whose name each are titled. C) ~, \._;: ~<_ I C'-' ,,'---) -<' c~ 1,__ -;';' c:::: x~~,;--7".Ld~.;;.;;,kH~_Jl!!JLL:L.____.D:!__:,-L_! '" _"_" ,. ..,. _,.'" "~,"~3 - ~, ,,-' ^,"" , ,^ '" --- ~"~;<j 8@ Expedia.com@ Welcome, David. ~ign i.nIsign '9~t . ....&111I__ cruises ,.__,_ IE]I Sil~l\IIaR I E)J MyTrip~ I t!i MyProfile I I1.l Customer Support QUESTIONS? . Use the $..lJPpqrj: aR~, ~e;l,back fgffi1 -.. . Call us at H188- 249-3978 1.\ "'~">!"\.IJ""')I ,I \ I , ' , '';;.7-~'9i>''''''''''';-;:r~-"'-"-:::7 II I ,'" \ \' . Sdtif~ LP UJ ~,'"-' "''' ' '-:.:" "'" .. ' . It:;' Y , ,~elebl'lt~' ?rlllse J 11'[,\9 ~ep:,rture'" "~.~11! W 1[IU' ~. ,~: ' I" CfU'Se -'---'--~'_-:;:"-::_ -- Your cruise has been reserved Travelers: David Pendell, . Proof of citizenship is r~quired for international travel. We strongly recommend bringing a valid passport. Some countries may accept a birth certificate with raised seal and a photo 10. Some countries also require visas. 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ICruise summary l!t.- 9-night Caribbean-Western (Baltimore roundtrip) Departs: Returns: Fri 11-Jun-04 Sun 20-Jun-04 5:00 PM 8:00 AM Baltimore Baltimore , , i , i Travelers: 2 Adults I Cruise line: Royal Caribbean Ship: Grandeur of the Seas . l Cabin category: Y Ocean.view ~abin I!~!.a.':'.~=-_,_~__.--<::_~in number: Guarante~?ab~---.-J https://www.expedia.com/pub/agcnt.dll?qscr=kbks 4/29/2004 " ~.,.....-... 6Expedia.comlil Welcome -Already a member? mgn in _IlBGIDII__ CrQise$" deslln~tions & Int~lests -- . ~ S;tellllap I ~ llIIy,TriB$ I (]iJ MyProljle I ~ CustomerSupport NEED ASSISTANCE? Here is a detailed description of the cruise and rate you selected, along with any rules or restrictions tt apply. Cruise Package Details Booking online is a snap - or call a Cruise Specialist at 1-888-249-3978. ~r.t~_!,~l1;h o~!.r P" 1-11'8.249-3978 Call aCruise Specialist to plan and book your perfect vacation. Tip: you may want to print this page for your records as we do not save cruise itineraries in your My Trips folder. We w send you an email confi/Tllation within a few days. Within !WO weeks of sailing you will receive a complete cruise packel from our customer support cente,. Subtotal: Shipping & Handling: $1,753.20 Total includes all items listed below. Port chargea and feea I $15.00 included. Cruise Summary Total: '-night Caribbean. Avg/person: Western (Baltimore Eil See, <;QI11P1ele, pia roundtrip) Eil Add3tr~ve'moJ!l 2 Adults Port of departure: Jra't~.L~.r9~~!ioIL . The Travel Proteclio Baltimore The Travel Protectio Start dale: due to medicel or 0 Fri 11.Jun-04 Port of return: '-- , Baltimore End date: Review cru Sun 2lNun-04 1 r------- Cruise line: - Cruise summ Royal Canbbean Ship name: I & 9-night Ca Grandeur of the Seas Cabin calegory: Departs: y -oceanview cebin Fri 11-Jun-04 guarentee 5:00 PM Cabin number: Baltimore Guarenteed Cabin Cruise: $1,698.00 Travelers: 2 Adu Taxes and Fees: $55.20 Cruise line: Roy Shipping and Cabin category: Handling: $15.00 ""-~-- Total cost: $1,768\20 2 Payment 5 Deposit due: $15.00 $1,768.20 $884.10 "-dpt!l.il~ gjQn_ m~n Plan ;,Plan is made available on ourwebsile through Belkleyeare, a subsidiary of the Berkley Group, n Plan helps prolecl you against covered expenses should you be required to interrupt your trip ther covered reasOrlll affecting yourseK or family members. More,.. Eil AQd, alraval,prolegioo.p/; Ise package details ary ribbean-Western (Baltimore roundtrip) Returns: Sun 20-Jun-04 8:00 AM Baltimore Its al Caribbean Y Oceanvlew cabin guarantee Ship: Grandeur of the Seas Cabin number: Guaranteed Cabin ehedule QUESTIONS? PAYMENTS Deposit Payment due 4/29/2004 Total $15.C $1,753.. $1,768.2 Dep(lsi' ,?<I\ III l1::I<Jdes cruise deposit, a non-refundable $15.00 Expedia booking fee and, if purchased, the Travel ProulcLo',: 'II 4/29/2004 ~ l'ag<.:.!. oJ.!. onli.n!1.f Rules applicable to cruise bookings . At least one passenger in your cabin must be at least 25 years old. · Your credit card will be charged the deposit amount due. Complete deposit and payment details wi! be outlined in your confirmation e-mail, which you will receive within 24 hours of making this reservation. For more information, see the cruise line's d.eposit and paYrnentschedule, . View the cruise line's c"ncellaiion poljcies. . 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To learn about entry requirements, or to purchase a passport or visa, ~ the I;~PC!1.l;(;.viSa$!1.rvL<;Cil,JN!1..l:>J2jt(;). P" I have read and accept the rules & restrictions associated with this reservation. (Please check the box to continue) . 4 Select a booking option o C9ntinue with booking. e Qan~eLand goto the home page. This itinerary will not be s,!ved. !t~-1l1'!='~P~~.~,J1l9, ~lliLo}~P l;i~~J!t~.Etn.Jlffili,~~ !!.~y~tlis~g !m~ImruQ!!~L~it~~ jQ_b~ g~p"!jl~.n_~, Inc: ,terms, Qf use privacy pqlicy Expedia, Inc. is not responsible forconlent on external Web sites. @2004 Expedia, Inc. All nghts reserved. Partner sites: Citysearch Entertainment-com Interval 1,-tSN Match.\..om LendingTree TiGketm~sler ):llwww.expedia.comlpub/agent.dll?tovr=2004032200 4/29/2004 . YOLANDA V ANDENEEDEN, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8313 CIVIL ACTION - LAW EVERETT W. V ANDENEEDEN, Defendant IN DEVORCE Melissa Peel Greevy, Attorney for plaintiff TO: The Court of Common Pleas of Cumberland County, Pennsylvania Date: Wednesday, July 15, 2004 Agreement to distribute the marital property of Yo Janda Vanden Eeden, PJain~ and Everett W. Vanden Eeden, Defendant between themselves, and also a petition for the court to grant their divorce as quickly as possible. Both the Plaintiff and the Defendant agree upon the following: 1. All property including the residence located at 1809 Hunter Drive, Mecbanicsburg, Pennsylvania 17050, the dental practice located at 166 South Main Street, Chambersburg, Pennsylvania, the dental practice located at 2023 North Second Street, Harrisburg, Pennsylvania 17102, including all personal and marital property that exists in those locations and any other property that is in the name of Yolanda Vanden Eeden, Plaintiffis agreed upon to become hers upon execution of this agreement. 2. All marital and personal property that currently exists at 1087-A Huron Drive, Harrisburg, Pennsylvania 17111 and any other property that is in the name of Everett W. Vanden Eeden, Defendant is agreed upon to be his upon execution of this agreement. 3. Everett W. Vanden Eeden, Defendant will be responsible to pay any unpaid tax liabilities that may be obligated through Denture Walk-in Center ofY ork, Inc, and will also be responsible for any unpaid tax liabilities that may be obligated through Denture Walk-in Center, Inc. with the exception of any tax liabilities from the year of 1999. 4. Yolanda Vanden Eeden, Plaintiff will be responsible to pay any unpaid tax liabilities that may be obligated through Denture Walk-In Center, Inc. for the year of1999. ,-,' ," ".~" ~ -,' " ~,_;, ,~__'I, "",_.,"~"i,," '&_' ,2-" ,_,~'h'-:",,'~;;~I_;__~ , ';-j i 5. Both the Plaintiff and the Defendant will be responsible for their own separate individual tax liabilities as already have been filed for 1999 onward. 6. Both the Plaintiff and the Defendant agree that all of their marital assets will be completely settled upon the execution of this agreement. Since all of their assets will be settled at the execution of this agreement, the Plaintiff and the Defendant also petition the Court of Common Pleas of Cumberland County, Pennsylvania to grant their divorce as quickly as possible. Yolanda Vanden Eeden, Plaintiff Date Everett W. Vanden Eeden, Defendant Date I), 1_ II .,1 : , i ~"Ij ~-, " 'l_jjn, Yolanda Vandeneeden, : IN THE COURT OF COMMON PLEAS Plaintiff @ @ ~ V CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW NO. 00 CIVIL 8313 Everett W. Vandeneeden, Defendant IN DIVORCE TO THE PROTHONOTARY OF SAID COURT: ""' ", c::r 0 ~~~ '.n '-1 X-f"1 rnr~-;;:: 2:~~} .::;j~; :c:s:p ~,,>,( .J Z'Srn ..--I SJ -< c:.: l,') :';71C--. _< f'-...) ill Please enter the appearance of Galen R. Waltz, Esquire, on behalf of the .~:::;:> r PRAECIPE FOR ENTRY OF APPEARANCE <'..,1 ";~: ('-' :kF? -:.;;. :::j w Defendant in the above-captioned case. Respectfully Submitted, TURO LAW OFFICES r/3loj Date - Cf en R. Waltz, E Turo Law Office 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 , , "_'I !.;,Il ,,~O '~-."-. Yolanda Vandeneeden, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 CIVIL 8313 IN DIVORCE Everett W. Vandeneeden, Defendant RIlLE TO SHOW GAUSE AND NOW, this day of , upon consideration of the attached Petition for Bifurcation, upon Motion of Galen R. Waltz, Esquire, it is hereby ordered and decreed that a Rule to Show Cause is issued upon the Plaintiff, Yolanda Vandeneeden, to show cause if she has any basis why the prayer for relief set forth in said Petition should not be granted. Rule returnable on the day of , 2004 at .M. in Courtroom No. _, Cumberland County Courthouse, at which time the matter shall be heard. BY THE COURT: J. c.c. Galen R. Waltz, Esquire Melissa Peel Greevy, Esquire " - 1"",",_4' - -e,--!'-I-i iih.. '~: Yolanda Vandeneeden, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 CIVIL 8313 IN DIVORCE Everett W. Vandeneeden , Defendant PETITION FOR BIFURCATION statement: "(~ "-~ 1'-) 2!:5 ;7:,; rh ~: -~~ AND NOW, comes the Petitioner, Everett W. Vandeneeden, b,'yhis a~Qrn6fi;@alen (]) ~:, ,- _.w. -0 h1 R. Waltz, Esquire, and files this Petition for Bifurcation of whiQfi cthe fdlloWi~' is a 3~~ ~.:',~; ;j? ,~~~ ~~ J=' (-,," I.~~,) ,~:::...'; i"r~ ".:;,;' -- - :.-.::j "t:':; Petitioner is Everett W. Vandeneeden, Defendant above::ca~~s:>n~2 1. 2. Respondent is Yolanda Vandeneeden, Plaintiff above captioned. 3. The parties were married on September 18, 1982 and separated on June 5, 2000. 4. On November 28, 2000, Respondent initiated the instant action by filing of the Complaint in Divorce. 5. On June 21, 2001, the Honorable Judge Edgar B. Bayley Jr. ordered that the support matter at Docket No. 1008 S 2000 be designated as complex and discovery permitted. 6. On June 25, 2001 Respondent provided "Notice of Intent to Serve a subpoena [on Alan Ceperich] to produce documents and things for discovery pursuant to Rule 4009.21 7. On June 28, 2001 Respondent provided "Notice of Intent to Serve a subpoena [Chris Hanscho, Morgan Stanley, Dean Witter] to produce documents and things for discovery pursuant to Rule 4009.21 8. On June 28, 2001, the Respondent served Petitioner with a "Request For "'- ~,'__-- !"eO ",11_',1_' ,;,,- -_~_'"_-' ,,''oJ ",w "_~_ Production of Document to Defendant." 9. In December 2003 Petitioner initiated a Divorce action in Potter County which was subsequently dismissed at Petitioner's request. 10. A Masters conference was held on or about May 24,2002 11. On August 6, 2004 a Conference was held before Master Elicker.. 12. Outstanding property issues involving assets and liabilities remain. 13. Petitioner believes Respondent has committed adultery on several occasions since the filing of the divorce complaint. 14. Bifurcation will separate the termination of the marriage from the ancillary claims so that the marriage and these parties' personal lives are no longer held hostage to the economic demands. 15. Defendant will not be economically disadvantaged by being divorced. 16. Bifurcation.wilL further encour.age. case settlement between the time the divorce issues and the ancillary claims reach hearing. WHEREFORE, the Petitioner, Everett W. Vandeneeden, respectfUlly requests' your Honorable Court to bifurcate this divorce. ~9".d ~AIJl)/ De Respectfully submitted Turo La Offi~J? ~r;y~ ,/ alen R. Waltz, Es 28 South Pitt Str Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant " ,I,' VERIFICATION ..1-"" ,__,,, "''', "- "~!_ II _ ~ ~~ I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A..4904 relating to unsworn falsification to authorities. "l-I!l-t?tj- Date Everett W. Vandeneeden - . ,~, , h <.,"" _ <~" "J_""-~,_ ,~ ",'oe'.,., l__"I.L~ ,~; . "~' CFRTIFICATF OF SFRVICF I certify that I served a copy of the Petition for Bifurcation by depositing same in the United States Mail, first class, postage prepaid from Carlisle, Pennsylvania, on the /.:3 tl day of August, 2004, addressed as follows: Melissa Peel Greevy 305 Market Street Lemoyne, PA E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 Galen R. Waltz, Turo Law Office 28 South Pitt Street Carlisle, PA 17013 Yolanda Vandeneeden, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 00 CIVIL 8313 v. Everett W. Vandeneeden, Defendant : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Galen R. Waltz, Esquire, on behalf of the Defendant in the above-captioned case. Respectfully Submitted, TURO LAW OFFICES ?/;3/ol Date en R. Waltz, E Turo Law Office 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 , " II h~" J'iilI__j,lI!~~llIiMI.M~~"If;j1liiMi!ffi1*lrt'~f,:t,H";"~'j"",,,,";"';fH..I-iJl.iliJ~!llB~IM*lir~ll!liUlfill""-. ";'--O'.Jl.lUIt,J llJ'..:_liiPJIll,....... - ~, .~.- ~, - .~1iIiiI r-" c:? (,".:? .;;- ~- -,," 0) o --[1 A -C"4-'), rnf:::' -nr!"\ -,j!..-r' I~~~ :::.~ ~f2 -:7 -"". ~_T'" ;-.0 '.. r---') \.0 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 00 CIVIL 8313 Yolanda Vandeneeden, Plaintiff v. Everett W. Vandeneeden, Defendant IN DIVORCE RULE TO SHOW CAUSE , ;,.:. ~Ub.V.l v t..uu' \) AND NOW, this I ~tl. day of (lt~ ' upon consideration of the attached Petition for Bifurcation, upon Motion of Galen R. Waltz, Esquire, it is hereby ordered and decreed that a Rule to Show Cause is issued upon the Plaintiff, Yolanda Vandeneeden, to show cause if she has any basis why the prayer for relief set forth in said Petition should not be granted. Rule returnable on the 1l:t. day of 0~ ,2004 atC\:.ooI\-.M. in Courtroom No. a, Cumb land ,County Courthouse, at which time the matter shall be heard. / BY THt COUR ~' c.c. Galen R. Waltz, Esquire Melissa Peel Greevy, Esquire G~ ~ J. . ~. g-l&j-6cf / JPs- Ii '- . , ' t!l$ii""~" ~_rnllilll!!iftjr-ig'l"",,~n.'~~IOO_!~Mo;[wm~I\l:i'k"',A-,;~.h",if""f'~UjjJ;l~;i!Niii'HW~~~II!lJ!l~if@jm' I _ -"-,,,,-. ~.~'.~"'.,", <, ,..'~.," ,",,-, ,," .'rJ ", "<-, ""~ ~"" ,~ ^,~.' "JIllIiIllilliii.'..' 0' C::. ~?~ "CJ -( ~ r;j! 11 11 !i , ,. ,I r_O c::) c"~.') ..c'" o -fl "0.1 f.f~:~d ~CJ'!:I! ~;?, >~~ ~~~{ ,-I ::6 .< ~."."Ic" ;':'::.: c'> t..,O )~'~ .~",' -;'-" 'P. .r. i''''::' Yolanda Vandeneeden, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 CIVIL 8313 v. Everett W. Vandeneeden, Defendant IN DIVORCE PETITION FOR BIFURCATION AND NOW, comes the Petitioner, Everett W. Vandeneeden, by his attorney, Galen R. Waltz, Esquire, and files this Petition for Bifurcation of which the following is a statement: 1. Petitioner is Everett W. Vandeneeden, Defendant above captioned. 2. Respondent is Yolanda Vandeneeden, Plaintiff above captioned. 3. The parties were married on September 18, 1982 and separated on June 5, 2000. 4. On November 28, 2000, Respondent initiated the instant action by filing of the Complaint in Divorce. 5. On June 21, 2001, the Honorable Judge Edgar B. Bayley Jr. ordered that the support matter at Docket No. 1008 S 2000 be designated as complex and discovery permitted. 6. On June 25, 2001 Respondent provided "Notice of Intent to Serve a subpoena [on Alan Ceperich] to produce documents and things for discovery pursuant to Rule 4009.21 7. On June 28, 2001 Respondent provided "Notice of Intent to Serve a subpoena [Chris Hanscho, Morgan Stanley, Dean Witter] to produce documents and things for discovery pursuant to Rule 4009.21 8. On June 28, 2001, the Respondent served Petitioner with a "Request For , " II ; ;,~ ':- -I " Production of Document to Defendant." 9. In December 2003 Petitioner initiated a Divorce action in Potter County which was subsequently dismissed at Petitioner's request. 10. A Masters conference was held on or about May 24, 2002 11. On August 6, 2004 a Conference was held before Master Elicker.. 12. Outstanding property issues involving assets and liabilities remain. 13. Petitioner believes Respondent has committed adultery on several occasions since the filing of the divorce complaint. 14. Bifurcation will separate the termination of the marriage from the ancillary claims so that the marriage and these parties' personal lives are no longer held hostage to the economic demands. 15. Defendant will not be economically disadvantaged by being divorced. 16. Bifurcation will further encourage case settlement between the time the divorce issues and the ancillary claims reach hearing. WHEREFORE, the Petitioner, Everett W. Vandeneeden, respectfully requests your Honorable Court to bifurcate this divorce. ~1I",-s1 ~"<IA7./ D e ii " , _ ,-..--~' ., ;"",~^~_c_ ,;~_ -",,~i:_;_"_:,/; I. ~--.. ~^~ ---"'_n'-"_'-'_.,0' '0 ,,-'-.__d~i--:- -. VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.SA. 4904 relating to unsworn falsification to authorities. ~--/~-lJtf Date Ev rett W. Vandeneeden II t J' I , ' ~ i" ~, '<I -, ,,';;~,:,J,_-';, \--':'~',:;!<~,'_:::_:-; -,'j '{..;,'", "'"-''' ',",d CFRTIFICATE OF SERVICE I certify that I served a copy of the Petition for Bifurcation by depositing same in the United States Mail, first class, postage prepaid from Carlisle, Pennsylvania, on the /..gj'~. day of August, 2004, addressed as follows: Melissa Peel Greevy 305 Market Street Lemoyne, PA E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 Galen R. Waltz, Turo Law Office 28 South Pitt Street Carlisle, PA 17013 " ililo' " , .. i~~~lIilJ,~.iiiif":I~!HM"t;;~JliiB.lfd.r,:'!;,,-':c~.,-~-,,,,,., ,,';,Hlit;i,,<!/t~~~-' ~ n.", ." ' ~" ~;, -:IiIij ,~~. j"~ ", _. ".'~-' - " ,,'~-- '--, -~'~, 1-'- ,-~, ~-'"'- i' L " t , I I; I Ii " r " !i r-' C:;::) ~~ C) ~'n ..-l .I....."., nlp-;; ~)~~ (j1n ~._.l '-> :lJ ......< 0) -. .. r....) 1'-) W YOLANDA VANDENEEDEN, PLAINTIFF V. EVERETT W. VANDENEEDEN, DEFENDANT AND NOW, this ~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 00-8313 CIVIL TERM ORDER OF COURT day of October, 2004, the hearing currently scheduled for October 7,2004, is cancelled and rescheduled to Wednesday, December 1, 2004, at 1 :30 p.m., in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. ~elissa Peel Greevy, Esquire For Plaintiff flalen R. Waltz, Esquire ) For Defendant :sal -',' ,';,;:3:,', .! ~ ~, ~~ ~ 4I"*'-.-"_""'..."".j!II""I,^ I" . :!:1imll*'!1b1lE&:j "' ,tILFr' "~.- Or Tl..'"' ""j~q-r!' 'F "Ie P[)r.TII ,:';'- , I.V r" l' V)- , :,..!I:'-....fAqy ZOOI,oco, , 1..., "'4 i~i{l 2. 0', ~ ~" ... .J 1"<<';0" '/: CU 1.'11'1 __! ~'\', -, ,I. F i-' , \~ J V I 1 -~.! LJi~)d':'iA ' ~'I~mw~;'\'IPf!~~i,-~n,p,;:''P;''''''''~''_'"l-i'f.~I'Wl~~I~~~l!l!lIll;],i!:tii~l:!Ij)fi'!lJ.\lm:ilmi~~1lI ,-j - -.. ,_.,. ."F_""," .>~ , ~; L, " j[~RHY R. DCFFiF RICfARD W, STt':WART C. IWY ~\:'Em~IEl~, Jft !~Dl\,nJ.'m G, MYER;:; l)/;YID VI. DELuCE JE't-'FERSO\: J- SmPMA:'.! RAI,PH ii, Wl\IGj-jT,)R. MArIK C. DUFFIE JOHN it NIMiSl(Y ?vlfnlAEL J. Ci\SS!DY ~\1ELlSSA PEEL GREEVY ItOBEHT l'vl, \VALKER WADE D. MA~LEY LAW OFFICES JOHNSON DUFFIE OF COUNSEL HORAeI', A. jOHNSQ;;,j F LEE SHIPMAN BRUCE J. GROSSMAN"- "adllllltl'o in NY oni~ \:'\,:nJTE}(S EXT. 0:0. UB b:-i\ti\IL mf.lg:1)jd~:l\"".co.rn August 30, 2004 Galen R. Waltz, Esquire Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Re: Yolanda VanDenEeden v. Everett W. VanDenEeden No. 00-8313 In Divorce Dear Mr. Waltz: I have received your Praecipe for Entry of Appearance and Petition to Bifurcate along with a Rule to Show Cause. As you may know, your client had a Pre-Hearing Conference with the Divorce Master, Mr. Elicker, on August 6, 2004. At that time, it seemed that we may have had a verbal understanding of a potential agreement that would allow the parties to resolve their divorce matter. I agreed to prepare that agreement for Mr. VanDenEeden by August 31, 2004. A draft of the Marital Settlement Agreement is enclosed for your review. Please note, however, that my client has not had the opportunity to review this draft. Therefore, I reserve the right to make additional changes upon her review. I have also prepared the Affidavits of Consent and Waivers of Notice so that, once the clients have approve an agreement, we may promptly move this matter to its appropriate conclusion. I look forward to your feedback once you have had a chance to review the document with your client. In the event that there are any changes that need to be made after Mrs. VanDenEeden has had the opportunity to review the agreement, I will promptly notify you. Very truly yours, JOHNSON, DUFFIE, STEWART & WEIDNER MPG:lar:234649 Enclosure cc: Yolanda VanDenEeden (wi encl.) Robert Elicker, Divorce Master (w/o encl.) 31)1 M"~KET STREET PU.]J(JX 109 lH10Y~E, PEN:iSYLVANIA 171143,0109 WWWIDSWCOM 717.761.4\40 FAX: 7J 7.76JJ015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, P.C, . ' ,"....-- ,,' ~'""'-'-',-- - - . t" Turo Law Offices www.TuroLaw.com 28 South Pitt Street Carlisle, Pennsylvania 17013 (717) 245-9688 (800) 562-9778 Fax (717) 245-2165 RON TURO, Esquire GALEN R. WALTZ, Esquire JAMES M. ROBINSON, Esquire JAMES G. GAULT, Esquire NANCY A. PRESCOTT, Esquire OF COUNSEL: ROBERT J. MULDERIG, Esquire September 1, 2004 Melissa P. Greevy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street P. O. Box 109 Lemoyne, PA 17043-0109 Re: Yolanda Vandeneeden v. Everett W. Vandeneeden NO. 00 - 8313 in Divorce Dear Ms. Greevy: On August 31, 2004 I provided to my client, Everett W. Vandeneeden, a copy of the Marital Settlement Agreement that was received from your office via fax. At that time Mr. Vandeneeden instructed my secretary that, although he wishes that I continue to represent him during the Bifurcation proceedings, that I no longer negotiate with you regarding the Marital Settlement Agreement. He advised my secretary that he would handle the negotiations with you regarding the Marital Settlement Agreement as a result of limited/depleted financial resources. On this date I spoke to you telephonically and advised of the above representation's furthermore, I indicated that we are placed in a more difficult ethical situation as a result of Mr. Vandeneeden's decision. Nevertheless, we should be able to respect that wish based upon financial need. The paragraph in the Marital Settlement "titled advice of counsel" will have to be changed to reflect that Mr. Vandeneeden had/has the opportunity to consult with me in regards to the Marital Settlement Agreement; however Mr. Vandeneeden has chosen of his own free will to direct me not to be involved with the Marital Settlement Agreement negotiations. Should any additional clarification of the above representation be required contact me. c S~~ // GALEN R. WALTZ, Es GwaltztmTuroLaw.com GRW/jah c.c. Everett Vandeneeden Robert Elicker " ~ Jl-: '0..-.1 ~._, - - -~ -, I YOLANDA VANDENEEDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 8313 CIVIL EVERETT W. VANDENEEDEN, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /.<JA day of ~ , 2004, the economic claims raised in the proceedings having been r! resolved in accordance with a marital settlement agreement dated October 29, 2004, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ~lissa Peel Greevy Attorney for Plaintiff ) ~erett W. Vandeneeden Defendant Geo WO rO i ~l""" """--~...~,~_~OOi~_ltl~!~~-r;iti'@bi;r.ffl(1~JI'@L~i_~Mitlr"""-:"'''''''''''''_~ >- <::) ~ 9f !It) 0 N :::l.a:: UJZ ::c Rz Q~ u~ it-- a... GJ~ ..J.-:t- 9~ .c ~-- I ;~ f) ~ ' -0.... :> ;:i~'~ u:: LU .....,_4.:_ ~ I,,'u-UJ :c CD('-..... 1-- :2 ..:r ". <=> :::J 0 "" Q ...... '.: ,,~~~, _~> ~",~~, ,'<'_'" ,-", .' <"" c, "."',,~,," < J '~_r_ , ~ "... ,~-'" ,,-',,^.',< - " ~-;;. .',.,.~ - ~ ~'/lf:}! ~! -~~" ""._,~ L i" j -1'- "!K~l; 10/29/2004 15:45 FAX JDS&W 1i!J002l019 < '" YOLANDA VANDENEEDEN, Plaintiff , . IN THE COURT OF COMMON PLEAS OF ' , CUMBERLAND COUNTY, PENNSYLVANIA, . NO. 00-8313 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. EVERETTW. VANDENEEDEN. Defendant MARITAL. SEULEMENT AGREEMENT THIS AGREEMENT. made this :1. 'ftA; day of ~ 2004, by and betwe.m YOLANDA VANDENEEDEN, of Mec:hanlcsburg, Pennsylvania, (hereinafter "WIFE") and. EVERETT W. VANDENEEDEN, of Harrisburg, Pennsylvania, (hereinafter "HUSBAND") ; WITNESSETH: ' WHEREAS, the parties hereto were manied on September 18, 1982, in Pittsburgh, Pennsylvalia; and WHEREAS, a dlwrc:e action was filed by WIFE on or about November 28. 2000, in the Cumbertmd County Court of Common Pleas, and doc:keted at 0D-8313 Civil Term; and WHEREAS, there are three (3) children bom of the.maniage: JONATHAN VANDENEEDEN, b'm December 3, 1983; CHRISTOPHER, VANDENEEDEN, bomMarch 20, 1985; and NICOLE' VANDENEEDEN, bom March 3, 1988; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to Ive . separate and apart for the rest of thair lives aM the parties are desirous of settling completely the econoinic: and other rights and obligations between eac:h otl1er, Induding but not limited to: the equitable distributiodl of .the marital property; past, present, and future,spousal support; alimony, alimony pendente lite. and in general, any and all other c:laims by one against the other or against their respec:tlve estates past, preSlent and future; and . ..~ - ~~ II .- 10/29/2004 15:45 FAX JDS&W 1aI003/019 ,< NOW THEREFORE, In consideration of the 'covenants and promises hereinafter to be kept arid performed by each party and for other good and valuable consideration, the parties, intending to be lega*y bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL, The provisions of this agreement and their legal effect "ave been fully explained to WIFE, by ter counsel, Melissa Peel Greevy, E$qulre, of Johnson, Duffie, Stewart & Weidner. HUSBAND was representtd in this matter by Thomas J. Williams, Esquire until HUSBAND elected to telTl1inate his representation aM proceed pro S9. HUSBAND subsequently retained, and is nOw represented by. Gaten R. Waltz, Esquire. Each party acknowledges that he or she has had the opportunity to discuss with counsel of thllir choosing, the concept' of marital property under Pennsylvania law and each is aware of his or her rightf-to have the real and/or personal property, estate and assets, eamiilgs and Income of the other assessedlor evaluated by the courts of this Commonwealth 'or any other court of competent jurisdiction. The parties further declare that each is executing the Agreement freely and voluntarily having eitller obtained sufficient knowledge and disclosure of their respective legal rights and obligations, ON exprest;ly waiving the right tooblaln such knowledge. The parties each acknowledge that this Agreement is fair lll1d equitable and is not the result of any fraud, coercion. duress, undue Influence or'colluslon. 2. DIVORCE AG,TION, The parties acknowledge that their marriage is Irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to S 3301(c) of the Divorce Code. The parties agree to exeClJte Affidavits of Consent for divorce and Waiver of Notice of Intention to Request Entry of a Divorce Dectee concurrently with the execution of this Agreement. This Agreement shall remain In full force and effect after such time as a final decree In divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shalll be incorporated intO any DivorCe Decree which may be entered with respect to them and specifically referented in the Divorce Decree. This Agreement shall not merge with the Divorce Decree. but shan continue to hbve Independent contractual significance. .....- " ..II " ~ ..~ ,"",,> 1~/2912004 15:45 FAX JDS&W @J004/019 , , ,3. DATE OF EXECUlJON. The "date of executi~n" or "execution date" of this Agreement IIhall be defined as the date up.n which It is executed by the parties if they have each executed the Agreement on the same date. Otherwi., the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by. the last party e~ClJting this Agreement. 4. MUTUAL RELEASES. Each party absolutely and uncondlllonally releases the other and the estate of the other from any ahd aU rights and obligations which eithenllay have for past, present, or futuril obligations, arising out of l1e marital relationship or otherwise, Including all rights and benefits under the Pennsylvania Divorce Codepof . ,1980, and amendments excepts as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors lild estate from any claims arising by virtue of the marital relationship of the parties. The above release shalll>e effective whether such claims arise by way of widow's or widower's rights. family exemption, or under the Intastate laws, or the right to take against the spouse's will, or the right to treat a life time conveyance kly the other as testamentary, or all other rights of a surviving spouse to participate In a deceased spouse's estate, whether arising under the laws of Pemsylvanla, any state, Commonwealth, or territory of the United States or any other country. Except for any cause of ,aelion for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. F1N6NCIAL DfSCLOSYBE, The parties represent and warrant that each have made full and fair disclosure to the other of hi' or ' her respective Income, assets and liabilities, whether such are held jointly or In the name of one party alcine. Each party acknowledges that discovery requests were made by the WIFE and answered by HUSBAND IInd .that HUSBAND verifies his responses were truthful, accurate and complete. Neither party wishes to ~ke or append hereto any further enumeration or statement. Each party warrants that 'he or she is not awa'" of any marital asset which Is not Identified in this Agreement. The parties confinn that each has relied onilthe 10/29/2004 15:45 FAX JDS&W Ii!J 005/019 accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. i:acf, party understands that helshe had the right to obtain from the other party a complete Inventory or fist of ;III property that either or both partllll$ owned at the time of separalion or currently and that each party had tIte right to have all such property valued by means. of appraisals or' otherwise. Both parties understand thilt they have a right to have a court hold hearings and' make decisions on the matters coveted by t~s Agreement. ,Both parties hereby acknowledge that this Agreement is fair and equitable, and the terrlls' adequately provide for his or her Interests, and that this Agreement Is not the result of fraud; duress, Ibr undue influence exercised by either party upon the other or by any person. or persons upon either par\'. Each party further covenants and agrees for himself and herself and 'his or her heirs, executo18, administrators or assigns, that he or she will never a\ any time hereafter sue the other party or his or hl:lr heirs, executors or ,asslgr:lS, in action of contention, direct or indirect, and allege therein that there was!a . denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there w.s a failure to have available fuji, proper and independent representation by legal counsel. 6. SEPAJlA1lON-INTERFcERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried. Each may, for his or her separate use or benefit, Conduct carry on and engage in any business. occupatittn, profession or employment which to him or her may seem adVIsable. WIFE and HUSBAND shall not haraas. , disturb or malign each other or the respective famBIes of each other, HUSBAND acknowledgllS that he ta;is signed a Quit Claim Deed transfening hls'lnterest In the marital property to WIFE and that as a result of tbis , conveyan!=B, he Is no longer permitted to enter WIFE's home ,at 1809 Hunter Driv~. Mechanlcsbutg, Pennsylvania In the absence of her express consent. HUSBAND further acknowledges that his presence! in the home in the absence of WIFE's consent constitutes trespass. 7. DEBTS. The parties agree that if any joint credit accounts remain open, they shall be closed within ten (IO) days of the execution of this Agreement. HUSBAND agrees to assume responsibility for all credit card debt incurred during the marriage in the name of either party or jointly, Including, but not limited to the following acco\lnts: Citi Gold Visa aCccaJnt number ending 9420, MBNA Platinum Plus account number ending 4152, CitlBank AAdventage aCCliJnt ~- ,~ ,. " II : ~. ,~" ttllliilL 10/29/2004 15:45 FAX JDS&W ~ 006/019 number ending 3498, Visa Account. number ending 7373, MBNA PlatInum Pius account number endirl!! 3709, American Express Optima account number ending 91001, Chevy Chase Bank Master Card Ca~ Rewards Account number ending 5704,'Bank of America Visa account number ending 8738, and Natiolls Bllnkof Delaware Visa account number ending 4754. HUSBAND represents that all credit card debt Incurred during the marriage has been satisfied by hitn and that to the extent thai debt remains, he shall indemnify and save WIFE hannless from any and all clajrils and demands made against her by reason of such debts or obligations, .whether ,they be in joint or indiVidlJBl names. HUSBAND represents and warrants to WIFE that since. June 5, 2000;' he has ndt and in the futlJ'e wlll not, contract or incur any debt or liabRity for which WIFE or her estate might be responsible, and he shllll , , indemnify and save WIFE' hannless from any and 'all claims and demimds made against her by reason~of such debts or obligations in'Curred by him since June 5, 200D. WIFE represents and warrants to HUSBAND that since, June 5, 2000, she has not and in the fulllre wil) not, contract or Incur any debt or liabillly for which HUSBAND or his estate might be responsible, atId she shall indemnify and save HUSBAND harmless from any and all claims and demands made against Him by reason of such debts or obligations Incurred by her since June 5, 2000. , 8. RETIREMENT BENEFITS AND INVESTMENTS. The parties stipulate and agree that WIFE received: 1) Life USA IRA valued at $1967 on June 30,1997, receipt of which she hereby acknowledget; 2) Putnam IRA valued at $2301 on December 31.1997; 3) Morgan Stanley IRA liquidated for $6539 In 2002; and 4) Morgan Stanley, Stock account sold for $4509 on March 1, 2002. HUSBAND waives, relinquishes and releases any claim that he had, may have now or in the futiJre as to these assets received byWIFE. The parties stipulate and agree that HUSBAND received: 1) Morgan StanleylDWIC, Inc. 'valued at $28 on June 30; 2000, receipt of which he hertby acknowledges; 2) Morgan Stanley Roth IRA valued at $20,292 on June 30,2000; 10(29/2004 15:46 FAX JDS&W @J007/019 3) Morgan Stanley Active Asset IRA distribution of $17 ,360 on February 27, 2001 4) Morgan'Stanley Stock Account valued at $74,510 on June 30, 2000 after reduction for a 10*1 in the amount of $37,502; 5) Morgan Stanley Retirement Account valued at $12,500.at distribution on July 12, 2001; 6) Morgan Stanley SEPIlRA stock account valued at $.19,546 on June 30;2000; .7) Life USA IRA valued at $2645 on J'une 30,2000; and 8) Putnam SEPlRAvalued at $9794 on January 27, 1999. WIFE waives. relinquishes and releases any claim that she had, may have now or in the future as fo these assets received by HUSBAND. 9. UQUID MARlTbL ASSETS . The parties stipulate and agree that HUSBAND shall retain the following non-business checkihg accounts: M & T,checking, formerly Allfirst 00216-6281-9. The parties stipulate' and agree that WIFE shan retain the PNC checking account number endihg , 8343. , The parties stipulate .and' agree that HUSBAND has received the funds from the following busln$Ss checking accounts from the parties' denture business: Allfirst - Chambersburg omce; A11f1rst - York office Account 099022899-4 with a June 30, 2000 balance of. $13,856 ; AlIflrst - Harrisburg Qfllce Accoimt 008581815-1 with a June 30, 2000 account balance of $8136; Allfirst 023550375 Denture Walk In Ce"r, Inc., Allfirst checking account 002166281.9 with a balance of $3508 on June 27, 2000; Allf/rst 00883161-8 with a June 30, 2000 account balanced $12,848. 10. AUTONIPBILES. . ' HUSBAND and WIFE agree that each will retain the vehicle which they are presently driving and ....at each. shall be solely. responsible for an coSts associated with the vehicle, to incluf;fe insurance, Itan payments and maintenance, and other costs related to the vehicle. WIFE agrees to indemnify and ibId HUSBAND harmless for any and all Dabllity on the loan against her vehicle. HUSBAND agrees to indemhlfy and hold WIFE harmless for any and aU liability on the loan against his vehicle. HUSBAND agree. to execute any documents needed to effect the transfer of any of his right, title and Interest in WIFE's vehielt to WIFE alone. WIFE agrees to execute liIny documents needed to effect the transfer of all of her right. :title and interest in HUSBAND's vehicle(s) to HUSBAND alone. .~': ," - ,'" [, I~J ',~ Ji ili!:ij 10/29/2004 15:46 FAX JDS&W Ii!I 008/019 11. PAATJES' BUSI~ESS!.S. During the marriage, HUSBAND and WIFE operated two (i) businesses from thre~ (3) office locations. A. Denture Walk-In Center of York. Inc. - York Office. Denture Walk-In Center of York is an "S-Corporallon" formed on January 13, 1995. PannsylvanlaBuslness Corporation Bureau records indicates HUSBAND Is the President, Secretary and Treasurer of this corpo~tion. DenMe . Walk-In Center of York operated two offices, one in York, Pennsylvania and 6ne in Chambersburtl. Pennsylvania. WIFE did nof participate in the operation of this business after December 1~. HUSBAND continued to operate this business from December 1999 until he sold the assets of t.e York office to Steven A. Witkowski as documented In a purchase agreement dated March 14; 20~. HUSBAND did not sell the stock in the business nor its corporate form to Dr. WitkOwski. The glOlls selling price for the business was $60,O[)0.00. After payment of broker's commission, HUSBAI'lD received a net of $54,000.00. HUSBAND also received the benefit of collecting any accou..ts receivable at the York Office. HUSBAND executed and completed the purchase of this marital asllet in the absence of WIFE's agreement HUSBAND alone retained the proceeds from the sale of t.ls . business, receipt of which he hereby acknowledges. HUSBAND shall remain liable for any accoutlits ' payable as a result of this sale whiCh were attributable to any goods or services delivered to lior rendered to the Seller or the York practice. HUSBAND shall be responsible for any outstandtlg debts related to HUSBAND's operation of this business until the sale. B. Denture Walk-In Center' of York - Chambersbura OffICe. . The HUSBAND operated tie Chambersburg Office of the Denture Walk-In Center of York. Mer HUSBAND sold the York Office of the DWIC-York, the parties reached ~ agreement In a March 25, 2002 special relief hearing tllat HUSBAND would operate the Harrisburg Office of DWI and WIFE would operate the Chambersborg Office of OWl-York. WIFE began to operate the Chambersburg Office on or about April 1, 20D2. HUSBAND represents that he. filed an Out of Exlstence/Withdrawal Affidavit on Denture Wal~ In Center of York, Inc. on or about February 26, 2004, indicating the assets were distributed and business ceased on or about December 31, 2003. WIFE continues to conduct her business at this location, as a new entity. WIFE shall be responsible for all taxes and liabilities for the ChambersbUrg Office from April 1, 2002 forward. The parties stipulate and agree that WIFE shall rece.lve the asSlets of this entity as part of the equitable distrIbution of marital property in this matter. HUSBAND sl'1all indemnify WIFE and hold her harmless for any and all liability related to the business prior to Aprl1, 2002. HUSBAND waives all right, title and Interest he may have in WIFE'S new business. MFE -= " o I-L.. "'."-~"i 10/29/2004 15:46 FAX JDS&W 1i!J009/019 shall hold HUSBAND harmless for any and all liability related to the business incurred on or aftEJr. , April 1, 2002. C. Dentute Walk, In Center Inc. - Harrisbura Office. The parties are officers in an 'll" ' , , corporation known as Denture Wtilk-In Center, Inc. which was incorPorated on January 18. 198.. HUSBAND represents that. he filed an Out of E;x1stimcelWithdrawal Affidavit Indicating to tHe' Department of Revenue that the btislnessWas no longer operating effective December 31, 1999 artl that it had merged with the Denture Walk In Center of York. However~ no corporate records indicate this purported merger. In August, 2002, HUSBAND contacted WIFE and indicated that he no longer wished to operate the Harrisburg office of Denture Walk-In Center. HUSBAND indICated that lie would tum the business operation over to WIFElf she desired to operate this business. HUSBAI't> told WIFE he would withdraw from the business, close the office and file for bankruptcy if WIFE lid not intend to operate the business. WIFE began to operate the busIness on or about September "1. 2002 and continues her business at this location to the present. WIFE shall be .responslble for "I debts of the busiriess Incurred after September 1. 2002 and shall be responsible for taxes, penalties and liabilities beginning September 1, 2002. Except as specified herein, any past due delts associated with this business up to and Including August 31. 2002 shall be the responsibility lof ,HUSBAND. HUSBAND shall Indemnify WIFE and hold her harmless for any and allliabllity relatedMto the business prior to September 1, 2002. WIFE shall hold HUSBAND harmless for any and 811 liability I'Ellated to the business Incurred on or after September 1, 2002. The parties stipulate and agree that WIFE received notice from the Pennsylvania Department~of Revenue for the corporate tax liability for Denture Walk-In Center I,no. tlated November 7, 2003 reflecting l1e folloWing obligation: 12198 Capital Stock Tax Penalty 12199 Corporate Income Tax 12/99 Corporate Net Income Tax interest (through 12/08/03) Total $107 $5465 51385 $6957 If this debt has not been satisfied at the time of the execution of this A9niement, WIFE stipulates and agrees that further interest has and will accumulate on this debt. which Is her obligation, until It is satisfl:ld. WIFE further understands that this debt may need to be satisfied as a pre-condltlon to the dissolution oflhe , corporate entity with which it Is associated. -~~, 10/29/2004 15:46 FAX JDS&W Ii!J 010/019 The parties stipulate ,and agree tliat HUSBAND shall promptly undertake the necessal)' steps to effect a formal dissolution to end the existence of the entitles Denture Walk In Center, Inc. ,and Dentule Walk-In Center of Yolk, lric. 12. REAL ESTATE. The parties were the owners of a residence, which was marital property, located at 1809 Huntllr Drive,Mechanlcsburg. Cumberland County, Pennsylvania. The property has been transferred to WIFE tly quit claim deed. Because the deed Incorrectly identifies WIFE is a 'single woman," the parties stipulate aId agree that WIFE will cause a corrective deed to be prepared which HUSBAND will promptly cooperate with signing. HUSBAND waives, relinquishes and releases any and all right title and interest in the marital home and agrees that the home shall be the property of WIFE alone. The parties stipulate and agree that WifE , , has refinanced the mortgage, at WIFE'S expense, on the property in the name of WIFE alone. The, horile has a 2004 Tax Assessment Value of $194,910 and is subject to WIFE'S mortgage obligation of $100,0001, 13. HOU~MOI.D GOODS AND PERSONAL eRO~RTY. The parties agree that they have made distribution of household goods and personal property in a fashion that Is a equitable and sallsfaclol)' to them in light of the overall scheme of equitable 'distribution Il:lS provided in this Agreement. Both parties waive further claim one may have against the other regardlhg , personal property or household goods, except as specified herein. 14. ALIM.QNY. In consideration of HUSBAND'S agreement to assume responsibility for debt of the marrialle, including, but not limited to, taxes, penalties ,and interest, and credit carel debt incurred personally and Ion , behalf of the parties' businesses WIFE now waives forever, any and all right or claim, past due or future~ to support from HUSBAND, whether the claim be lri the form alimony, medical support, alimony pendente'l/Ite orspousalsupporl , HUSBAND waives now and forever, any and an right or claim, past or future, to support from WIFE. whether the claim be in the form of alimony, mecllcal support, ,alimony pendente lite, or spousal supliJrt. 10/29/2004 15:47 FAX JDS&W 1i!l011/019 , Nothing In this Agreement shall be construed to modify, waive, relinquish or discontinue any amount of p~t due or cUl1'ent child support under Docket No. 1008 Support 2000, PACSES No. 048102841. 15. PAST DUE TAXES. The parties have heretofore filed joint federal and stale tax retums. Both patties agree that in tile event any deficiency In Federal, state or local income tax Is proposed" or any assessment of any such \axils made against them, each will indemnify and hold harmless the other from and agaInst any loss or Iiabiliiy ior any such lax deficlency or assessment and any interest, penalty and expense incurred in con~ectibn therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual whoHis finally determined to be the cause of the misrepresentations or failures to disclose the nature and extentlof his or her separate Income on the aforesaid joint retums. HUSBAND shall be responsible to pay any unpaid tax "abilities, interest, and/or penalties which tmy be associated with the operation of Denture Walk-In Center of Vorl<, Inc. and Denture Walk-In Cenfllr, Chambersburg offlCB, through 'the first quarter of 2002. Beginnlng with the second quarter 2002; WIFE sllell be responsible for all tax liability Incurred thereafter. With regard to the Denture Walk-In Center operated< in Harrisburg at 2023 N. Second Street, HUSBAND shall be responsible for any and all tax liabilities, interilst and penalties associated with the operation of this business until September 1, 2002. Effective Septemiler 1, 2002, WIFE shall be responsible for any ~ liability, penalties and ,Interest associated witti the operallon of the Denture Walk~ln Center office located at 2023 N. Second Street, Harrisburg, Dauphin Cou~ty, Pennsylvania. HUSBAND shall be responsible for the payment of any federal Income taxes, penalties and inteltlst due on the parties' )olnt or individual retums through December 31, 1999. Commencing with the tax year 2000, the parties are separately liable for their federal, state and local Income taxes as lll(ell as any penaliies or interest due thereon. 16. COOPERATION. WifE and HUSBAND shall mutually cooperate with each other In order to cairy through the termil of the Agreement, Including but not limited to the signing of documents. The parties will sign Affidavits of Consent and Waivers of Notice cif Intent to Request Entry of a Divorce Decree contemporaneously withithe execution of this Agreement. Following the entry of a Decree In Divorce; HUSBAND agrees to, withinaten ~ I. i~ . i-.Li ~';ij 10/29/2004 15:47 FAX JDS&W ~012/019 (10) days of a request m8de by WIFE execute a corrective deed conveying all of his right, title and interest Ih the fonner marital residence to WIFE alone. Additionally, the parties will cooperate with signing ttie necessary documents to effect a dissolution of their fanner business entities known as Denture Walk~1h Center, Inc. and Denture Walk-In Center of York, Inc. .once executed, the parties stipulate and agree to promptly file any documents necessary to conclude business for these' entities. 17. ATTORNEY FEES. COURT COSTS. . WIFE shall bear the expense for preparation of this Agre,ement Neither shall seek Contribution 41'1 counsel fee, except as otherwise expressly provided herein. 18. ATTORNEYS' FE~FOREt:lF.oRCEMEN'[. In the event that either party breaches any provisions of this Agreement and the other party retaihs couRsel to assist in enforcing the tenns thereof, the breaching. party will pay all reasonable attomeys' fe$s, court costs and expenses (including interest and travel costs, If applicable) which are incurred by theotl'ler party In enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amlcallle resolution. However, the alleged breaching party shall not be required to pay the other party's attomet's fees, costs and expenses of the other party In the absence of a written demand provided to the counsel~of , ' record, or to the party alleged to be in breach at their last known address. Demand shall be adequate if jf Is sent via regular U. S. mail to counsel or,via certified mall to the party and provides at /east fourteen (14) calendar days for compliance. For purposes of tills provision, and in absence of notice to Defendant to l1e contrary, the presumptive correct address for notice to the Plaintiff shall be: Yo~daVanDenEeden 1809 Hunter Drive Mechanicsburg. PA 17055 For purposes of this provision, and In absence of notice to the Plaintiff to the' contrary, the presumptive correct address for notice to the D~endan.t shall be: Everett VanDenEeden 1087-A Huron Drive' Harrisburg, PA 17111 _I: " I I ,', I, ~" _1~/29/2004 15: 47 FAX JDS&W Ii!J013/019 In absenCe of a notice .to the otlier party of change of address, a breaching or alleging breachinlJ party shalll10t be relieved of obligation for attorney's fees; costs and expenses under this paragraph fer failure to receive-written demand. It is the specific Agreement and intent of'the parties that a braaching or wrongdoing party shall bear the obligation ,of any and all costs, expenses and reasonable counsel fees Incurred by the nonbreachlrjg Party In protecting and enforcing his or her rights under this 'Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right 10 obtain an invenlory and the appraisement of all marital and non- marital property; (b) The right to obtain an Income and expense statement of either party; (c) The right to have all property Identified and appraised; (d) The right to additional discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, wrttten Interrog<llorles. motions for production of documents, the taking of oral deposition, any all other means of discove'Y permitted under,the law; and (e) The right to hava the court make all detenninations regarding marital <lnd non- marital property, equitable distribution. spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. VOID CLAUSES. If any term, condition, clause or proVision of this Agreement, shall be detennined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be slricken ftom this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effeet end operation. ....,~~ " I: , I~ ]',,,1' -~~;j 1?/29/2~04 15:47 FAX JDS&W ~014/019 , 21. APPLICABLE LAW. This Agreement shall be construed \lnder the laws of the Commonwealth of Pennsylvania. 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representation&, / warranties, covenants, or undertakings other than those expressly' set for herein. 23. CONTRACT INTEI\eRETATION. For' purposes of contact Interpretation and for the purpose of resolving any ambiguity herein, tile parties agree that this Agreement was prepared jointly by the parties. , . ' IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first writtlln above. l~~Oltb&r~ Witness ~;;~ ~:.. ~. va1je~r..eden '0 fJf/}/ Everett VanDenEeden :233411 ."'" J.. '-Lob "li 1?/29/2004 15:47 FAX JDS&W Ii!I015/019 ~ COMMONWEALTH OF PENNSYLVANIA : COUNTY OF (~(LuLL On the J.. q~day of #e1#/:EL .2004 before me, a Notary Public in and for tie Commonwealth of Pennsylvania. the undersigned. officer; personally appeared YOLANDA VANOENEEDEN, known to me (or satisfactorily proven) to be one of the parties execUting the foregolng instrument. and she acknowledges the foregoing instrument to be her free act and deed. ss. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first ab~ve written. !if~~~:, \\r:~.~~".'~_.:<,. "~:J ......."...>... .....~..-;......~ ~. .... '...... "-',,-._-~.\'" Notarial SeaJ I<lfsIee K. Mye.s, NoIaly Public =~I~County ElIpiros Dec. 2. ~ Membor.~AsI<_Of_ COMMONWEALTH,OF PENNSYLVANIA ft', ..'("\ COUNTYOF ~ ss. On the ~ "" '~day of ~ "\..~ . 2004 before me, a Notary Public in and forffthe Commonwealth of Pennsylvania, the undersigned officer, personally appeared EVERETT VANOENEEOl:N, known to me (or satisfactorily proven) to be one of the parties executing the foregoing Instrument, and he acknowledges the foregoing 'lnstrument to be his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first ali>ve , written. -~~ ~~- ~' .~ ...... ............ " .~ .... /. '~ . "" ~ ~. - ' '. ..... . /-'. .,". ..', .... .....~~... ~..,_. ~I , .... .' '. ~....._,u ~ NOTARJJ-.L SEAL DIANNE lENIG. NoIaIy Public Lemoyne Borough Cumberland Co. MyCommlssIon&J.~'es Dec.21.2005 ,,,,,,"' <'$-! Yolanda Vandeneeden, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00 CIVIL 8313 v. Everett W. Vandeneeden, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please discontinue the Bifurcation of Divorce in the above-captioned matter on behalf of the Defendant and Petitioner. A negotiated settlement for all matters has occurred. lJ/iI~ Date Respectfully Submitt eM . alen R. Waltz, uire 28 South Pitt eet Carlisle, PA 17013 (717) 245-9688 Attorney for DefendanUPetitioner c.c. Melissa Peel Greevey, Esquire Plaintiff E. Robert Elicker, II, Esquire Master " lJIJ.illt >l@iWillIIlIiIIW_illI\l:IjIl&W~.",'Ii!;ft:-<>"~l$!-,">M\\~I;_-'_ a I"LU ! rn J J~ l~c.t~ J ~.~,:~!LJ',,,q";.,.,]~,,,,,,,,..,,,,,,,,_,.."t~,,,," 'C.?"," _'~""'~ IF..~eK.'''' ","" " ,"",_'~_'r_,' ''''. :",," " ''''~, .~_ o c.-' ~7-;' -ocr: !Tl ri: ~S:: ,.~ ~~ i~. t~~ Z -) -~ -~- " ~- "- ~ -" ~" ~ ~~~" ~ ...., = = ..,.. o .." -l :c..." rnp= -om ::n 2) o -l ~ :!: :H Dc') zm 91 55 -< z c::> <: t W :l:>> :ll: a (..J1 .