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HomeMy WebLinkAbout00-08730SEP 13 2002 ROBERT L. McCURDY, JR., PLAINTIFF V. HELEN M. McCURDY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 8730 CIVIL TERM CIVIL ACTION - LAW DIVORCE - CUSTODY DEFENDANT'S CUSTODY MEMORANDUM Factual Summary: The parties are the natural parents of three children: Brittany A. McCurdy (Age 13, DOB 10/11/89); Amanda R. McCurdy (Age 11, DOB 10/9/91) and Benjamin R. McCurdy (Age 9, DOB 3/2/93). Robert L. McCurdy, Jr., (hereinafter "Father") voluntarily moved out of the marital home a few days before Christmas 2000 and filed for divorce on December 20, 2000. On February 13, 2001 ',the parties entered into a consent Order which resulted in Mother having physical custody of all three children fifty seven (57%) percent of all the overnights in a year. This practice continued from December 2000 up through the present time - over 1'/z years. However, on February 4, 2002 Helen M. McCurdy (hereinafter "Mother") filed a complaint for child support which resulted in an Order dated May 28, 2002 for $465.00 per month following a de novo hearing before the Support Master. Father has appealed this Order. On or about April 11, 2002 Father filed his Petition to Modify Custody. Mother's Position on Custody: Mother believes the current Order is completely satisfactory and the children have thrived despite the litigation. All three children are performing exceptionally well in school as evidenced by their report cards attached hereto as Exhibits "l", "2" and "3". Brittany (13 year a old) was on the Distinguished Honor Roll or Honor Roll for all four marking periods of first year in Middle School (2001 - 2002) and missed a total of three (3) days. This is similar to her performance in 5th Grade (2000 - 2001). Her teacher comments include: "Consistent Performance" or "A pleasure to work with ". See Exhibit "1". Clearly, Brittany is thriving under the current custody schedule and is not "sleeping in class" as set forth in ¶5 of the Conciliation Conference Summary Report. She is involved in Fall 2002 AYSO Soccer League where Mother is the team mom. Amanda (11 year old) finished her 4th Grade (2001 - 2002) with "straight As" as shown on Exhibit "2" and missed three days of school. Her teacher comments include: "Amanda is a pleasure to have in class" or "Amanda is doing a good job in class. She works hard to complete her assignments and is veryfocused while working. " Her report card for 3rd Grade (2000 - 2001) is very similar. Clearly, Amanda is not "sleeping in class" as claimed by Father. Amanda is involved in Fall 2002 AYSO Soccer League where Mother is the team mom. Benjamin (9 years old) is the surviving twin and was born thirteen (13) weeks premature at 2.3 lbs. He has required speech therapy and has reading support and learning support in school. He tires easily and is very small for his age. All of these are natural complications experienced by a premature baby. Nevertheless, his 2nd Grade Report Card (2001 - 2002) shows "2s" in Language Arts (a "2" is "Appropriate Performance") while his Work & Social Habits are consistently "1s" ("Strong Performance") or a few "2s". He missed two days of school in 2001- 2002 and his teacher comments include: "He is a hard worker and is very conscientious" or "It has been a pleasure to have Benin my classroom". His Report Card for 1st Grade (2000 - 2001) is equally good. He is also a member of the Fall 2002 soccer league where Mother is the 2 team mom. Witness List: Although this list may be subject to minor modifications it is presently anticipated that the following witnesses will be called by the Defendant in this case. 1. Helen McCurdy, Defendant: Mother will testify that the children are thriving despite the litigation which Father has told her, his attorney, the conciliator and everyone else would go away if Mother dropped her claim for child support. The Support Master's ten page opinion is attached as Exhibit "4". Mother will also testify to Father's demeaning attitude towards her and his past practice of showing the children his paystub to show them that their Mother takes all his money. 2. Robert L. McCurdy, Plaintiff: Plaintiff may be called as if on cross examination on the true motivation behind the filing of his Petition to Modify which is to change the custody order so he does not have to support his children. 3. Nancy Dom, R.N.: A friend of Mother's for 25 years who will testify on the custodial arrangements and incidents involving Plaintiff. 4. Michelle Cupp: A friend of Mother's for 15 years who will testify on the custodial arrangements and incidents involving Plaintiff. 5. Robert Carbaugh: A friend of Mother's who will testify on the custodial arrangements and incidents involving Plaintiff. 6. Randy Taylor: A co-worker of Mother who rides the same car pool from Shippensburg to Camp Hill who will testify regarding the exchange time with Father at 5:30 PM. 3 Respectfully submitted, BY: Z19 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Defendant Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage prepaid, first class United States Mail addressed as follows: I Paul Helvy, Esquire Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 BY Date: September 12, 2002 4 ? ' o G L w, ,- • II II II z - r ?J ? W V O . 1 _ ? o °N° W x :^ r L u °m o z U C ,y I -,f " II II II W U .. Q V W .? ? n t. 3e w U ? 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H G)OC -< -ZmQyayO_ yOc'»= 2wm ?s -iTrnrw, m9m Ll/ 1,200 rn I e? ------------------------- ---- -------- ------------------------------------------------ -------:------ -------- - - -, , ?i9.1Y =002 THIC 06:52 FAX 7177301304 4-L.AIIdS ANALYSIS HELEN M. MCCURDY, Plaintiff V. ROBERT L. MCCURDY, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION PACKS NO. 979104228 NO. 97 SUPPORT 2002 INTERIM ORDER OF COURT AND NOW, this 28th day of May, 2002, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Plaintiff's claim for spousal support is denied. B. The Defendant shall pay support for his children, Brittany A. McCurdy, born October 11, 1989; Amanda R. McCurdy, born October 9, 1991; and Benjamin R. McCurdy, born March 2, 1993, in the amount of $465.00 per month. C. The Defendant shall pay 45% of unreimbursed medical expenses incurred by said children which exceed $250.00 per year per child. The Plaintiff shall pay the balance of said expenses. D. The Defendant shall pay $35.00 per month on arrearages. E. The effective date of this order is February 4, 2002. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST THREE (3) YEARS IF SUCH A REVIEW IS REQUESTED BY ONE OF THE PARTIES. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. DELINQUENT ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE A JUDGMENT AGAINST YOU. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSION, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within ten (10) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within ten (10) days of the date of service of the original exceptions. If no exceptions are filed within ten (10) days of this interim order, this order shall then constitute a final order. By the Court, Kevin A. Hess, J. CC: Helen M. McCurdy Robert L. McCurdy, Jr. Steven Howell, Esquire J. Paul Helvy, Esquire DRO HELEN M. MCCURDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION ROBERT L. MCCURDY, JR., PACSES NO. 979104228 Defendant NO. 97 SUPPORT 2002 SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on May 15, 2002, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Helen M. McCurdy, who resides at 1650 Ritner Highway, Shippensburg, Pennsylvania, but whose mailing address is P.O. Box 373, Enola, Pennsylvania. 2. The Defendant is Robert L. McCurdy, Jr., who resides at 5 Walnut Bottom Road, Shippensburg, Pennsylvania. 3. The parties are husband and wife, having married on September 29, 1989. 4. The parties have lived separate and apart since December 23, 2000, when the Defendant left the marital residence. 5. The parties are the parents of three minor children, Brittany A. McCurdy, born October 11, 1989; Amanda R. McCurdy, born October 9, 1991; and Benjamin R. McCurdy, born March 2, 1993. 6. On February 4, 2002, the Plaintiff filed a complaint for support of herself and said children. 7. The parties are subject to a complex custody order dated February 13, 2001 (Plaintiffs Exhibit 3) which provides that, if followed, the Defendant would have the children 156 overnights per year. 8. During the summer school break, the Defendant has the children for 30 consecutive days and nights. 9. During the summer school break, the Plaintiff has the children for 14 consecutive days and nights. Exhibit "A" 10. During the balance of the summer school break, the children spend alternate weekends with each parent. 11. During the balance of the summer school break, the children are with the Defendant from 7:00 a.m. until 5:30 p.m. Monday through Friday, and they are with the Plaintiff the balance of the time to include the overnights. 12. During the school year the children spend alternate weeks with each party, provided, however, that during the father's custodial week, they spend Tuesday evenings through Wednesday mornings with the mother. Consequently, during a 14-day cycle, the children spend six overnights with their father and eight overnights with their mother. 13. During the Plaintiffs custodial week during the school year, the children spend approximately four hours with the Defendant, Monday through Friday, those being two hours before the start of school and two hours after the school day ends. 14. During 2001 the Defendant did not exercise his full custodial rights under the order. He had the children only 137 of the 156 allowable nights. 15. The Plaintiff is employed as a supervisor by Highmark. 16. After the Defendant left the marital residence in late December, 2000, the Plaintiff changed shifts from night shift to day shift to be available for the children in the evening. This resulted in a decrease in income of approximately $2,000.00 per year. 17. After receiving a raise in June, 2001, the Plaintiff began receiving her current annual salary of $44,928.00 ($1,728.00 bi-weekly). This is comparable to her income before changing to day shift. 18. The Plaintiff pays health/dental insurance premiums on herself and the children at a cost of $24.72 bi-weekly. 19. The''Plaintiff.files her federal'income tax return as head of household and claims the children. . 20. The Defendant's net monthly income from his employment as a teacher is $2,538.34. (This was a stipulation of counsel submitted following the conclusion of the hearing.) 21. The Defendant receives $250.00 per year for serving as a union officer. 22. The Defendant received $225.00 income from his father from assisting in a drywall project. 23. The Defendant pays for health insurance coverage, which is secondary to the Plaintiffs coverage, in the amount of $8.00 bi-weekly. 24. The Defendant files his federal income tax return as married/separate. DISCUSSION This case demonstrates the application of Rule 1910.16-4(c) which deals with situations in which a "non-custodial" parent has physical custody of the children for a substantial period of time. The rule states, in part, as follows: (c) Substantial or Shared Physical Custody (1) The support guidelines contemplate that the obligor has regular contact, including vacation time, with his or her children, and that he or she makes direct expenditures on behalf of the children. When, however, the children spend 40% or more of their time during the year with obligor, a rebuttable presumption exists that the obligor is entitled to a reduction in the basic support obligation to reflect this additional time. Except as provided in subsections (2) and (3) below, the reduction shall be calculated pursuant to the formula set forth in Part II of subdivision (a) of this Rule. For purposes of this provision, the time spent with the children shall be determined by the number of overnights they spend during the year with obligor. (2) Without regard to which parent initiated the support action, when the children spend equal time with both parents, the Part II formula cannot be applied unless the obligor is the parent with the higher income. In no event shall an order be entered requiring the parent with the lower income to pay basic child support to the parent with the higher income. However, nothing in this subdivision shall prevent the entry of an order requiring the parent with less income to contribute to additional expenses pursuant to Rule 1910.16-6. Pursuant to either party's initiating a support action, the trier of fact may enter an order against either party based upon the evidence presented without regard to which party initiated the action. If application of the formula in Part II results in obligee receiving a larger share of the parties' combined income in cases in which the parties share custody equally, then the Court shall adjust the support obligation so that the combined income is allocated equally between the two households. The parties agree that the custody order presently in effect (Plaintiff's Exhibit 3) provides that father will have the children for 156 overnights in a year, which is 42.74% of the overnights.. Subsection (c)(1) would appear to apply. However, the father argues that subsection (c)(2) overrides subsection (c)(1) if you interpret the custody order as being one in which "the children spend equal time with both parents." The word "time" in subsection (c)(2), argues the father, is not limited to overnights. The father, under the terms of the custody order, has the children on alternate weeks during the school year, except for Wednesday night which they spend in their mother's custody. However, the children spend approximately four hours with the father Monday through Friday (two hours before school and two hours after school) during the mother's custodial week. This, according to the father, makes up for the Wednesday overnight spent with the mother during his custodial week. During the summer the father gets the children for 30 continuous days, and the mother gets them for 14 continuous days. During the remaining time of the summer, approximately six weeks, the parents share weekends equally. Monday through Friday the children spend from 7:00 a.m, until 5:30 p.m. (approximately ten and a half hours) each day with the father, but spend the evenings and overnights with the mother. Because'of the extra time spent with the children during the days of the mother's custodial weeks, he argues that the custody order is, in effect, one in which the children spend equal time with each parent despite the mother having' the children for 209 overnights compared to father's 156 overnights each year. The father cites Colonna v. Colonna, 788 A.2d. 430 (Pa. Super. 2001), to support his position. In that case, the Court stated: . . . Although parents have a mutual duty to support their children, the child support guidelines contemplate child support payments be made by the non-custodial parent (obligor) to the custodial parent (obligee). See Pa. R.C.P. 1910.16-1, Explanatory Comment B2. Since the support guidelines apply to determine both spousal and child support, the generic term "obligee" and "obligor" is used to identify the recipient and payor. Implicit in the application of the guidelines' methodology for determining an amount of support is the recognition of which party is the "custodial" parent. While the support law does not define the term custodial parent, it is commonly understood to mean a parent who acts as the primary caregiver on a regular basis for a proportionately greater period of time. In most instances, the Court can easily determine the custodial parent for purposes of child support by identifying which parent has physical custody of the child for a majority of time. Ordinarily, in order for one parent to be entitled to an award of child support from the other, that parent must be the custodial parent. Thus, the Court must first ascertain which parent meets the criterion for custodial parent status and thus the obligee for purposes of child support. 788 A.2d. at 438-439. Because the Court in,Colonna talks about a "majority of time" and not a majority of overnights, the father believes that he is an equal custodial parent with the mother. Even, assuming arguendo,.that the father is legally correct that total hours spent with each parent and not the number of overnights spent with each parent should be utilized to determine which parent is the custodial parent or obligee for supportpurposes, the father has the°chijdren in'this case a fewer number of hours in his custody than does the mother. 'The mother has custody of the children not only more overnights per year but also more hours per year.' Consequently, the methodology of computing the father's support obligation as set forth in Rule 1910.16-4(c)(1) must be used. The mother's bi-weekly gross income of $1,728.00 converts to a gross monthly income of $3,744.00. After making the appropriate deductions for taxes, her net monthly income is $3,157.00.2 The husband's net monthly income from his employment as a teacher is $2,538.34. When added to his net income from union-related activities and drywall work, he has a total net monthly income of $2,573.39. A guideline calculation utilizing the net monthly incomes set forth above is shown on Exhibit A. The basic child support obligation for the three children is $1,736.00. The father's`proportionate`share of that obligation is $780.00. Both parents pay for health insurance coverage. Making the appropriate prorations for each increases the Defendant's support obligation by $14.50 per month. However, because of the shared custody arrangement the father is entitled to a downward adjustment of $221.00 pursuant to Rule 1910.16-4(c)(1).3 Consequently the guideline amount of support payable by the Defendant is $573.00 per month. The guideline amount of support is presumed to be correct, but the presumption can be rebutted by evidence that the guideline amount is unfair or Plaintiffs Exhibit 4 correctly shows that during a calendar year of 365 days, or 8,760 hours, the children mother. The father argues that he has the children more spend hours more that than they of are the awake. total hours in However, a theryeare w is with no the legal other. The that only hours spent awake by the children should count as custodial hours., Z The Child Tax Credit is included in the calculation of the mother's tax deductions. The calculation of this adjustment is shown on Exhibit B. inappropriate under the circumstances of the case. Landis v. Landis, 691 A.2d. 939 (Pa. Super. 1997). The evidence shows that the Defendant in this case spends a significant amount of additional time with the children than simply having them 156 days and nights per year. During the school year he has the children for two hours each day before school and two hours each day after school during the mother's weeks of primary custody. This alleviates the mother's requirement to have the typical latch-key child care. The father feeds the children breakfast during these days as well. Also during six weeks of the summer when the children are in the mother's primary custody, the father has physical custody of them each day, Monday through Friday, and feeds them two meals per day. Again the mother is not required to arrange for child care during these six weeks. This custodial arrangement is clearly in the best interests of the children, and-both parents are to` be commended for keeping the children's well- being a priority. The father, in all fairness, should also derive a monetary benefit from this custodial arrangement. Because of the services provided by the father, the mother has no child care expenses during the year. Consequently a recommendation will be made to deviate!'downward from the guideline support obligation and establish the Defendant's monthly support obligation at $465.00. Because the Plaintiff's net monthly income exceeds the Defendant's net monthly income, the Defendant has no obligation for spousal support. Rule 1910,16-4(a). RECOMMENDATION A. The Plaintiff's claim for spousal support is denied. B. The Defendant shall pay support for his children, Brittany A. McCurdy, born October 11; 1989; Amanda R. McCurdy, born October 9, 1991; and Benjamin R. McCurdy, born March 2, 1993, in the amount of°$465100 perrmonth C. The Defendant shall pay 45% of unreimbursed medical expenses incurred by said children which exceed $250.00 per year per child. The Plaintiff shall pay the balance of said expenses. D. The Defendant shall pay $35.00 per month on arrearages. E. The effective date of this order is February 4, 2002. r ? i Date Michael R. Rundle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Defendant Name: Robert L. McCurdy Docket Number: 97 S 2002 PACSES Case Number: 979104228 Plaintiff Name: Helen M. McCurdy Other Case ID Number: 1. Number of Dependents in this Case 3 2. Total Gross Monthly Income $2,577.92 $3,744.00 3. Less Monthly Deductions $4.53 $587.36 4. Monthly Net Income Line 2 minus Line 3 $2,573.39 $3,156.64 5 a. Combined Total Monthly Net Income Amounts on Line 4 Combined $5,730.03 5 b. Derivative Soc. Sec. Benefits Paid to Child ren 5 c. Adjusted Combined Total Monthi Net Income 6 a. Child Support Obligation based on Adjusted Income Line 5c 6 b. Less Derivative Soc. Sec. Benefits Line 5b 6 c. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Support Schedule $1,736.00 now 7. Net income as a Percentage of Combined Amount 44.91 55.09 8. Each Parent's Monthly Share of the Child Support Obligation $779.64 $956.36 9. Adjustment for Shared Custody Rule 1910.16-4 c # of Overnights: 156 $221.17 10. Adjustment for Child Care Expenses Rule 1910.16-6 a - 11. Ad ustment for Health Insurance Premiums Rule 1910.16-6 b $14.51 12. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 c 13. Adjustment for Additional Expenses Rule 1910.16-6 u - 14. Total Obligation with Adjustments Line 8 minus Line 9, plus Lines 10,11,12,13 $572.98 15. Less Split Custody Counterclaim Rule 1910.16-4 d 16. Obligor's Support Obligation Line 14 minus Line 15 $572.98 Prepared by. mrr Date: 5/16/2002 np r?= tea' S1. PACSES Multiple Family Adjustment S2. Spousal Support Award S3. Adjustment for Excess Mortgage Payments (if Applicable) S4. Final Calculated Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3; if applicable Monthly: $572.98 Weekly: $131.87 TAX INFORMATION Tax Method Filing Status Exemp tions S5. Defendant 1040 ES Married Filing Separately I S6. Plaintiff 1040 ES Head of Household 4 S7. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S8. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCak 2002 Exhibit "A" In the Court of Common Pleas of Cumberland County, Pennsylvania k < iitp@? ?S,- _rx ,tY'?`T9n?=.CV??'? #.p v`s?'.'S S? •N, a Plaintiff Name: Helen M. McCurdy Defendant Name: Robert L. McCurdy Docket Number: 97 S 2002 PACSES Case Number: 979104228 Other State ID Number: 1. Obligor's Percent Share of Income 44.91% 2. Percent of Time with Non-custodial Parent 42.74% 3. Percent of Time Considered Normal 30'00% 4. Difference - if 10% or Greater 12.74% 5. Obli or's Adjusted Percent Share 82'17% 6. Basic Child Support Obligation $779.64 7. Obligor's Adjusted Share of Basic Support Obligation $558.47 8. Adjustment for Income Equalization 9. Adjustment for Shared Custody $221.17 Prepared b : mrr Date: 5/1612002 SupportCalc 2002 Exhibit "B" T 9? t V ? E LLl 1 CfA,11 T' r r 'aw ? e _ar ? r ?l _U 1? z. _, ??. , ... _ . .; ,, .R v... .:K, - V. f, :.. .: ?, R;r ,- .F ,. ..;,;, r,:. ?,; ,:a' ;? ?-? -,?.7 - ?. i?..- C a. r Z k yM ,rF ,lfli, r AM -iie? 0 yy? d : f1• r fi . x. ',rte e„ CO LL t Zx O W a N _?.W 2= W Q W w Q F K KS 20? M-zzzf 30 rZ . arww00 rLL O F? - ?O uj ,O?=OO?ZUr ? a w LLw?a¢oo>> Wm W WK?w K',WZ fq'W to o=MW=w ?yr.m.OxS]F, rW W D CO W O Q W r Q W a??g WwWwwo wa w r K W O W D W W M OW aKa. 0:Y2 w>' rO J 0 j w 0 w m o'm z 'wdValzNOa? Ewa o a'? ' wl w N W ooowooW Qoo - n.? JQOOJOr-WSp w w 0 IL U) V) D - :3 1xJw Wp ?w= U ? z 1% O O .. aZ 3 00 W 00) ?. F S O X 3 ? - gx. 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W ?- N 1 L > n C) b N N ^y Z n ? r w N t0 ? z F L) m o ? ; y ? m n ??. o ? A ? ? '' m N 111 `° n c n o v s u ? y C ti ? o ? N Z ? 0' n ro d N '' 1r^ _ V Co C) o o O C., O b ? Cn a z o f, µ ? ST K ?x D y > IO z ,O 1 L=' C z r 1N --------- ------ --------- ----- - ------- ----------------------------------------------- -- r- £ 9 v> C o (C J ?. £ C(/?? ? A 4 N C 2 Np a ryA 3 h n tl N m ? N y N > m G NN m a ( m N y e a ^ °a' n a p e o N J N % N ° N w ? J N = o N G o? E ?= m u n m m w i ?a v o I Fro ©_ m a N ' ? '? ? 9 m m j 3 ?, £ N N ti ? o' S• m a w v w 3 ? a m G U' m C ? ? ? 9 O ? w ? o a m o m j? ? J 0 J n N ? N J gJ V ti (vim (U ?j 0 - ? I? ? lv A ? ? LII ?\ ?N ( R l\ W ? ? N Q n D z o ? ? ;n N v T `q [ v ? w [n ,? u 2 m d (D n (y -1 V m<OfnATln<= 4 e ?$ O c El m'm<mC AO C m u b D l" D a b m OMm O?AmO{OpC wxr~n ?xO??TOr :n A om Fynn;- cn ?. r O ° m H O m !' O y Cam X?mmDC pxO e. v ny w m fTn 5e m m '? Z _1ZC AAOm K?'9 n?y _ ? OO G .O =S ZAmm Fn >nonm \ 2 {m 0 rim XmzN C6;c \ ?.. m OZ m o ?<m--+z 1 ?? v'??m m ? m C Oxomy t?y?n77m m OO owAnm9L?-v' I, co;o ;4 M 7 f1? -I 'i C S 2 O N S -1 N C ,?\' \??? ?\ v ? Y C ?0m V'F J '. ?, ^ G R311A 'zmm?m z D wm CCprn, m AO 2Drn0pS?O ,n.? ? oy OO?yc??CZA l7 {T ? =zzzmx07 I' z2 -Aiom'br v?mm3y ... fi+"? 5::, v.... :Q :fig= ?a 1?"r' c c s m .8 `? m z o a a ? 9 m m a s II m ' @ g y m 2 p ry y m a y `? a 9 ? m J j 3. o ?, m _ 3 g a m? ? y s w x ? c ? N 6 3 a O ? m d J n ? J a l' ' 1 ? N yC. '^ C m y O N U ? ? N Jt 6 n b' O N ? 3 f m o J a N W ti. p k•` m m m d z 2 H z m Clm m i3 Jig m ? iN I? OF D 2 Q O F O N. N N n 3 J -q 3 d f° m 0 a D y, ? ti D N ^ - ?. m E m i YJ m c r ?' ?S ??_ a o x d 5 _g N ti C _ ? o H 3 _ 0 z E D 3 S' n a„ c a o- t l g E l 3 N ?' fO m ? G a ? `O ' c ? ? ° c ° m N 0 6 ?? n +? 1 vmi ? tlv. S N' 3 m 3 N 2 ? ?_ m J P _ gg ? - O 0 7J C N N H N O p O G m y? C ? _ m ? m I ? d 8 ? ? g q v. N o ? N O O CI W ? O O OI - ? tl O 1+ I N I O 0 W T c w a m m N C qL. ? N q m-. d ?' m c m ? s 0 as ?m G G N 5 m J' n ?o q ?T `L A V! a m m z a a c o > o c I I D '? ' .'mn N N G d ? 3 A m m - '?- ? D ? Z r R C I m N m ? ,y N ? ? N m ?' N N £ Q J C S '2 m C 'J"J O ? s ? ? y ry Q K ? N N ( ? 0 N `G `C N C ? 5 a I J •Q ? I I 6 ? i I a I zj O n Ai r D a v! m r U a rmn r, r., 4 R E v, a N b C d o OZ o m n?? m+ <O mor-?n mm c"mc?1zC 3 ?3j S7D ?0 c x,_ g z j '. 3 F Z cho - 5m5 0' O G ' Z m p0D wo 0c0 0 :. r. -V S m .^r. f0 yL nAm yr"yD?i;ryp; p ?? p p fl ?S4 0 mloN O O O ?ri O gym' r?mmFmx o a p l? d -I o = gym m$maxg>6mm \ Z Km p0 r.. xm '00 Nm ;A OWCnncOmy JJ r m p-q m m m m 0 A sm -q ry P Dhi ~: lO?OOOmocm z x m O c yl'?, N S odmp ;mj momo )) b m $nzc;Tl0 CEO D25 m1- 2A ocZA 0 C) -4 =ZZZK.ypM % /' X72 -gimmny r Ixil o "or Poll BAY ?: E`? p*y, kad ?i f? . ?> k. n- 'v SENT.BY: JAMES KURD SCHOOL; 10-23- 2 2:17PM; 7175302856 =? JAMES BURD ELEMENTARY SCHOOL 317 North Morris Street Shippensburg, PA 17257 Phone: (717) 530-2780 Fax: (717) 530-2856 TO: TRANSMITTAL SHEET Qe,^-- rp ?- Ca r ' FAX: 3 C)? FROM: TELEPHONE: DATE: - 1("J X13 - Cj ` PAGES; ADDITIONAL MESSAGE: NG SHEET) CONFIDENTIALITY STATEMENT The information contained in this transmission is privileged and confidential. It is intended for the use of the individual or entity named above. If the reader of this message is not the intended addressee, the reader is hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited. If the addressee has received this communication in error, please return this transmission to us at the above address by mail. We will reimburse you for the postage. EXHIBIT i 0 Zit' o Z ?S SENT BY: JAMES BURD SCHOOL; 10-23- 2 2:17PM; 7175302856 => _ #2/2 T' b O N E N ? I ?' ` ? A n LM1 k" Sti C) N a m S 3 SS . v', :, v.... 5 m : m y gl N ? n ' i m ? v==' ^ ? C s ? m ? N p S ? ? P ,• of U ? C' L 4] CJ _ m to ? ? .p :11: N ° a _ I > Iy I z I ':?; Q I 1 N u i ' 1 N 1 4 t { I W -? W n - 1 r nom z w?c m 3 x w u L- C n YJ ? J C N ? a g ? m 17) 6 m n m O {p y u G m m - n o ? cr ? £ 3 a r Z O 3 N C% i wt t?+ .c C C n U O b b o t- N T O y .-Ki .S J :N 2 9 f V y i m a z . ?! a . t I 1 'hop } t Y ? ; N ... I, ; i t ; 1 W s? l`I PS y Q n m y L I . A? ]l T fn N A N D r. n ;, r .D -4 SA I Z fi O b _ :' i t z I f 1 m 4' p ? A :L ? f r I ? = w _ I P' iJ I 4 I J n" a 1 I I r N i s A .. 0 w m 'TC b I m W lil Lo ryZ N G O 2 s a b 3 3 N UM G 3 4 3 ? ?1 •l5 Brittany's (Middle School) Projects done with mother - materials bought by mother. Example: 2 Projects assigned Monday September 23 (Beginning of mother's week). Project due in 2 weeks - Tuesday, October 8. • 1'` Project completed on mother's week. (Typed essay) • 2°d week, Father's week, nothing completed. Mother asked Brittany on Saturday the status, she said Dad and her would do it. Mother begins week, 2°d project not done and due next day. ¦ Rush to K-mart after Brittany's doctor appointment to buy poster board, report cover, colored pencils, and other materials. Brittany and mother stay up until 10:45 PM completing project together. (Receipt below for materials bought the night before.) EXHIBIT P(?'S C' U4Gi Lr 1 i S&lobA 51tpp`I es 04218720950 l J/I.VV m &?N go ??vn JJ f959477111V M L E 99 T 02316809177 HALL PNTYHSE 4.99 T 01643858030 TREAT BOWL A 7,99 T 04733425161 COSTUME 14.99 T 04733425315 COSTUME A 16.99 T 04733425315 COSTUME A 16.99 T 02800001159 BUTTERFINGER .49 F 07429909890 HOT WHEELS .93 T 01951930042 LADIES CSTUM 24.99 T 07429909890 HOT WHEELS 93 T 72646401004 LICENSE TAG 1.49 T 02316809893 TARANTULAS 1.99 T ---?? 07166204012 PENCILS 1,99 T -? 03516300122 NOTE PAD 2.29 T -X03516300122 NOTE PAD 2.29 T --07978490924 WRESNO NTEBK 2.29 T 03600029160 KLEENEX A .89 T ?--'01249539456 REPORT COVER .29 T 80031800348 KNIT TOP 12.99 *** Loyalty Purchase ***43199070348 07978454684 POSTERBOARD .59 T **** TAX 8.64 BAL '400956 70640022892 JEANS A 17.99 **** TAX 8.64 BAL No ;IQ XXXXXXXXXXXXAFM 'ice DEBIT APPROVAL 000000 AMOUNT DEBIT FROM CARD 9 AMOUNT OF CASH BACK $.00 VF DEBIT CHANGE .00 YOUR TOTAL SAVINGS: 15.97 TOTAL NUMBER OF ITEMS == i i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII{1111 06W 5FY BHE 0OX F21 NE2 10/07/02 5:28 PM 7746 05 1088 0040 Merchandise included in today's transaction may be returned or exchanged before 01/05/03 with this receipt. The complete return & exchange policy is available at the Service Desk. SMART PLAN ACCEPTED SMART PLAN DECLINED HOME PRACTICE RECORD NAME: DATE. 11-16- of TIME SPENT IN PRACTICE: /?"P 'S INITIALS:,d 4 ACTIVITY: Ala I Ann ik- -t cc ad S4m 54 Inc ? _. _.. - o uz,c /i of. OUTCOME: NA. DATE: i/ a?7- o 1 TIME SPENT IN PRACTICE:-Li_PARENT'S INITIALS: _?- OUTCOME: DATE: Id - y- o l TIME SPENT IN PRACi'ICE: PARENT'S DATE: id- /f. a TA4E SPENT IN PRACTIC F ARENT'S INITIA DATE: L y- O L TIME SPENT IN PRACTICE: h1)fPARENT'S INITIALS: I ACTIVITY:_LU. - L4I (lamje /- A - OUTCOME: ?. I m. D ATE: /- //J-?aZ TIME SPENT IN PRACTICE: PARENT'S INITIALS: DATE: 1'7- O-Z TDa SPENT IN PRACTICE: J V''YPARENT S INT IBA . ACTIVITY: A"Ujj /,5/1 li /o _d S /0 r tit?c f Lu ¢ e . OUTCOME: DATE: TIME SPENT IN PRACTICE: PARENT'S 04MALS: OUTCOME: OUTCOME: HOME PRACTICE RECORD NAME: lv J DATE: - J D-'- TIME SPENT IN PRACTICE: (??PARENT'S INITIALS: ACTIVITY: '/1.2+.? /S1G_ o/ ?nrrtr//n<? - ?Z z1 OIPI DATE: ?i ?JaZ TIME SPENT IN PRACTICE:APARENT'S INITIALS: ?-% i -.. ACTTVTTY: ll,,-r.j L4L j13,n(,f 74 /- 7Z4//.s. /<1lJ 2 DATE: a.-osos-G Tm SPENT IN PRACTICE: PARENT'S HMUMLS: - ACTIVTTY: "YU-tj ?sl cho aid. (a,1 z44 4-- 7hcuis. d- ?Oa OUTCOM$: DATE: t2 I- 0a- TIME SPENT IN PRACTICE: d 1?0 PARENT'S INITIALS: A? ACTIVITY: P/Pa r r eoW ak Jc Ile Agl?mk/oi t llolA cI? OUTCOME: 1. 1 1„ DATE: ?z oc r 2 TIME SPENT IN PRACTICE: PARENT'S ?Ae1 ACTIVITY: Ac%I c/ 's,,oPPr'!l .2'FF? id /!?Z o vl C017?e ?n?1L'. y- i?Y! ?/7'C +r Yrl c? f'Inn. _Zc Gr /lte,o( -/O . TitR ? /t ¢f C j S 5,3o -azro, /&/IS C DATE: V-5- 661 TIME SPENT IN PRACTICE: PARENT'S IMTIALS: ACTIVITY: !I.-&) Jf4u".. y- OUTCOME: - - ~?. DATE: - TIME SPENT IN PRACTICE: PARENT'S INITIAo4 ,--- DATE: //- /a -c TIME SPENT IN PRACTICE: 10 PARENTS TN MLS - 0 V U 1 %-WivlE" HOME PRACTICE RECORD N TIME SPENT IN PRACTICE:. 10 PARENT'S INITIALS: DATE: - -Oo7 TIME SPENT IN PRACTICE: PARENT'S INITIALS: Ar-M7rrv. r - J . -- DATE: TIME SPENT IN PRACTICE: -"' PARENT'S ACTIVITY: a r i /1 [za 7n d?? r ?n?e?n f L49",?.Z - Crud . DATE: .i -v , TIME SPENT IN PRACTICE: A) PARENT'S INITIALS: OUTCOME: ' DATE: 45- IW_ TIME SPENT IN PRACTICE: PARENT'S INITIALS: DATE: TIME SPENT IN PRACTICE: PARENT'S INITIALS: ACTIVITY: OUTCOME: DATE: TIME SPENT IN PRACTICE: PARENT'S INITIALS: ACTIVITY: OUTCOME: DATE: TIME SPENT IN PRACTICE: PARENT'S INITIALS: ACTIVITY: OUTCOME: HOME PRACTICE RECORD NAME: DATE: TIME SPENT IN PRACTICE: PARENT'S INITIALS: ACTIVITY: OUTCOME: DATE: TIME SPENT IN PRACTICE: PARENT'S INITIALS: OUTCOME: DATE: TIME SPENT IN PRACTICE: PARENT'S INITIALS: ACTIVITY: OUTCOME: DATE: TIME SPENT IN PRACTICE: PARENT'S INITIALS: ACTIVITY: OUTCOME: DATE: TIME SPENT IN PRACTICE: PARENT'S INITIALS: DATE: TIME SPENT IN PRACTICE: PARENT'S INITIALS: DATE: TIME SPENT IN PRACTICE: PARENT'S INITIALS: ACTIVITY: OUTCOME: DATE: TIME SPENT IN PRACTICE: PARENT'S INITIALS: ACTIVITY: OUTCOME: Name L>CAI Sk'll i .Inferences What Is Being Said? Write what is being said in the pictures. 1. a. "Where is my mouse?" ?An rf !;3 b. "Where is my bicycle?" e O Qq It 0 jya' V C 6s 2. a. "Sam is taking us to the zoo!" b. "Sam just`,burped!" 3. a. "I'm mad at you." ° b. "I'm sad your dog is sick." 4. a. "My friend likes me best." b. "My friend moved away." Brainwork! Draw what happens next in one of the pictures. © Frank Schaffer Publications, Inc. I I FS-8566 Inferences J- _ Puppy Care -Manidea - Name &.ti // /h -0/ 1?1 1. What is this story baths a playful of a Draw a line under the sen n ' hat t". s about the 2 . whole story. - ' A puppy is fun. -- _ har take care up ; , You should go an et a puppy. F I \ ame of w t this story tells abo 3, Writ then =1; _I_'' • rit a sta about a different kind of bdby „ Try Thiel an al. '"""° G? • D i e ether or not your baby animal would be o d pet, Tell why or why not, _ i © Frank Schaffer Publications, Inc. 5 FS-30020 Reading Comprehension _ _ 77- Name Read the words in each box. Write a cause fro I Skill: Determining the cau Box. 3J CI 0 V: 4 _y\ dust for Fun! Write an answer to tie quetn . Why is the little dog wagging its tail? ® Frank Schaffer Publications, Inc. 3 FS-8570 Cause and Effect Name r- A Rid e Cause and effect - /` ame \ -_ oO IPeople make up riddles to have fun with words. It's hard to I- answer riddles. If you answer one, it makes you laugh. This is = an old riddle; "What has eyes but can't see?" If you think 1 /. about it, you can answer it. The answer is a potato. Are you ' -' surprised? If you ask your friends this riddle, you can surprise them, too. `ircle the best answer. _ 1, If you think about it, what can you do with a riddle? Answer it. Throw it away. Forget it. I• , 2. If you ask your friends this riddle, what can you do? Help them. urprise them. Feed them. ; 3. Why do people make up riddles? o h ve fun with words to stay awake Read a book of riddles. How many did you - Try Thiel guess? - ?? , Make up a riddle. Tell it to a friend. ' I, -, ®Frank Schaffer Publications, Inc. 16 FS-30020 Reading Comprehension _ 1'' ` / m 'f S IS for Sint. Write Son the line by each picture whose name begins with th S sound. Practice saying the S sound. SALT :;;: T 1 / / \ V NV ?} I ?- L.J ni 7l` a SOO j 3 Name 3 j Speech-Language Pathologist At 7 Parent Signature Skill: Initial, S, auditory Date discrimination and isolation practice. 10 /-! 7 oz, Instructions 0 f p v /C/ di 114- Initial S,.Words 8 ?C ? ? ? 0000000000 suit 0000000000 11 Name Parent Signature Skill: Initial S in words Speech-Language Pathologist Date 22 sword 0000000000 saddle city 0000000000 Initial S Words instructions 14t ti e y SALT + •u. salt sand 0000000000 ??oo?????? X sun ???0??E0011 7 '' J a, salad South Pole 0000000000 ?,??,??????? a ? ° id ° Qq fir" ' yS io 1" }} k i ? _ p n Lr R "P' ?t k i,5k u - seatbelt 0000000000 ?},f?{?9 Name Parent Signatt S I f' .M .,^ ?. Skill. initial S in words Speech-Language Pathologist Date 24 god ? IkMWAICI Sun Words Beginning consonants Name Circle s. r = Write the wor d that names th e icture 1, p , II I, II? - doll ail - F { yarn ap II r 11 --------------- ---- ---- -- ---- _ -rI eed s n ail 1 I? 1 11\ \ I; rl / \ I 1 : 1 I \ ' 1 1 ? .1" - ? r r \1 ' ® Frank Schaffer Publications, Inc. 16"\ \ i- _I \I I, FS-30005 consonants ,? , - .. ;. ,?'- 7-off Instructions I a E 0 U 0 0 0 N m mow,, ?I Superboy 0000000000 syrup 0000000000 Santa 0000000000 celery 0000000000 sunflower 00000.00000 sofa sewing machine ' ???`?0????U 0000000000 Name Parent Signature Ate-?` ' Skill: Initial S in words Speech-Language Pathologist Date seventeen 0000000000 23 Initial S Words a? k« Y, ®* 4 .0 a a a a r M? • *A• secret 0000000000 ' seagull sandal i ? ? ? ? 0 ? ? ? ? 0 ? 0 ? ? 0 0 ? ? 0 ? al l ' 7 a U 1 sea` hell sew 0000000000 0000000000 ? N ? m soda sandwich 0000000000 --.-..-..e,,? 0000000000 Q Name G / Parent Signature ®4??. ,4 ?, Rik Skill: Initial S in Words Speech-Language Pathologist Date 21 Mill 4_ Instructions Initial S Words 7 seven 0000000000 Sailboat Crossword Complete the crossword Say each puzzle using words that word times. begin with S. Color the sailboat. _ 6 U ke ACROSS 2. Uses QU to clean you han s. 3.? ?r? I and pepper. 4. Eat hot ?bU . DOWN 1. A E-a L L ? 2 a? sails. 2. A ?4 of cuts wood. 3. They-Up is shining. N1 -Mes z io - Name Parent Si nature r Skill: Speech-Language Pathologist Date a is NMOO .t, -dfM up_?_ s aaeew, a SS080V S in words 26 Write and Say Circle the correct word for each picture. Write the word and say it. ;sun; sun ° ° duck Ll sea SOAP a saw `"-suit ?naa rz 4 ring sink SALT :_U. send sin an salt soda sing __?d It . I Name ' Speech-Language Pathologist sea pill song sea s hat shoe sui v S A9k .: Parent Signature _ i -? Skill: Initial S in words Date 30 ?Y Factory Y-5 o-2- There are 3 things wrong with this picture. Find and circle what is wrong. Other instructions: i 910,91Y i?aUc ? I A a ' E di,w N ma 0 ` m N m ? y w/ Zz- ? I . ? w .? l Name Date Helper's Signature -? Instructor Skill: Visual Perception Language Expansion 61 f t J AV/ 9n--<- I0 Amp"r 4. 1 likg candy and cake because they are 5. In the summer time hen it is hot, we go to the ?r N to cool off. 6. Outside at recess, children like to play on thel: 7. When I go swimming, I need to wear, my__5' 8. It's dark in here, please turn on the light .(. 9. The girl fell and hurt her ankle and now it i 10`. The -- was swimming in the lake. ------------- J Read each sentence and fill in the blank with the correct word from the word list at the bottom of the page. Say each "sw° blend correctly in the word as you read the sentence. 1. PI__eeg hand me a cotton to gently clean my ears. 2. In the winter time, I like to wear my to keep me warm. 3. Mom asked me to run the f o clean the ju- on the carpet. 1-4 ---1 Q I I I l s!:i 0 1 ryw li I y? N n ? v N o: W W M M Y h a) r, <a r , a c te :. o Q a) U) O 5 O O II a) a)` a) a 0 ... ar `` N L I-- L F- ? L >; fn O U ?- V 10 r? Q it J 3 O 0 o O U N c 8 >1 , c o . . I w I ta, L a } o i N O - ? c a 3 p g N O _Q L o E t O N ce V L6 1 0 Draw a line from each word to its picture. Say each word correctly times. ************* t.'• 1 e f hors 01 ra i 1. 1 i f ce bus ?valrt gras 0 01 f_-- TI V _ ?yyyyyy yyyy..{{??yyyyyyyyyyyyyyyyyyyyyyyyyyyyyy..yyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyyy yy yyy.yyy,?yyyyyyyyyyyyyy J TTT TT TTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTT T TTTTTTTTTT? 'J 3C v Name °, Parent Signature •ti t-°? Skill: Final S in words u Speech-Language Pathologist Date 42 k}o//04.) Mese I HoU@e ends with the sound of S. Circle and color the pictures below ® whose names end with the S sound. • ®? Practice saying the words correctly. E 0 U ?n 0 0 N a Name i f'! i F O -la ?r tt ignature Agi?_1 `_ Skill:' Fin S in words a Speech-Language Pathologist a Date 41 SENT EiY: JAMES BURG SCHOOL; 317 North Morris Street Shippensburg, PA 17257 Phone: (717) 530-2780 Fax: (717) 530-2856 TO: cu VM -? t? FAX: ( --? C3 - ? 3()9 FROM: TELEPHONE. TRANSMITTAL SHEET DATE: 1 C' - - C,) -Q PAGES: 10-23- 2 2:17PM; 7175302856 => JAMES BURD ELEMENTARY SCHOOL (INCLUDI ADDITIONAL MESSAGE: TRANSMITTAL SHEET) ' CONFIDENTIALITY STATEMENT The information contained in this transmission is privileged and confidential- It is intended for the use of the individual or entity named above. If the reader of this message is not the intended addressee, the reader is hereby notified that any consideration, dissemination or duplication of this communication is strictly prohibited. If the addressee has received this communication in error, please return this transmission to us at the above address by mail. We will reimburse you for the postage. QN 5 -50 i SENT BY: JAMES BURD SCHOOL; 10-23- 2 2:17PM; 7175302856 => -. #212 fi- c) Q , ? , f 300, e`0 p 41 N r @ - N a R Sn C T r1 V Gr ? 9 Ci ro c ' a u i 1 ° ? I:t In: : I u ? N i N Y I t i r; my X. M1' il: S o' .T i I I { , : I A 9 m m p m Z ?r < Z a j ,f; Z ? m a R ? 1 -1 r- u L c 0 T m ? @ m a m y IJ CI vm vn > o c r ? m X T D D W O 0 r a A A x N I r 1 u, m C7 o t0 ?. n a m H b ° ai a {r ° ? r v ? r o_ 4 m ? M z p GY :C N x 3 3 0 ro ? S 8 x I N y s i. N 7 l I y a r b y -? la rJ'. m lp A N y? [' ? m m X y x I ? ? in 2 6 T 1 ? :i I I I ? a )1 ? I N W z o T' > T D r m W t:; L 2 O 6 C 7 ° ?G F N ti C?1 2 U D m O N C-: L a s Brittany's (Middle School) Projects done with mother- materials bought by mother. Example: 2 Projects assigned Monday September 23 (Beginning of mother's week). Project due in 2 weeks - Tuesday, October 8. • 1' Project completed on mother's week. (Typed essay) • 2°d week, Father's week, nothing completed. Mother asked Brittany on Saturday the status, she said Dad and her would do it. Mother begins week, 2nd project not done and due next day. ¦ Rush to K-mart after Brittany's doctor appointment to buy poster board, report cover, colored pencils, and other materials. Brittany and mother stay up until 10:45 PM completing project together. (Receipt below for materials bought the night before.) p'S ?? a C J/I.VV m JJ I 0 0s9[yy209 Eggm ?L 1 u t E MRLL .99 T 02316809177 HALL PNTYHSE 4,99 T 01643858030 TREAT BOWL A 7.99 T 04733425161 COSTUME 14,99 T 04733425315 COSTUME A 16.99 T 04733425315 COSTUME A 16.99 T 02800001159 BUTTERFINGER ,49 F 07429909890 HOT WHEELS .93 T 01951930042 LADIES CSTUM 24,99 T 07429909890 HOT WHEELS .93 T 72646401004 LICENSE TAG 1449 T 02316809893 TARANTULAS 1.99 T 07166204012 PENCILS 1,99 T -? 03516300122 NOTE PAD 2429 T -? 03516300122 NOTE PAD 2.29 T 07978490924 WREBND NTEBK 2.29 T 03600029160 KLEENEX A .89 T 01249539456 REPORT COVER .29 T 80031800348 KNIT TOP 12.99 *** Loyalty Purchase ***43199070348 ?-? 07978454684 POSTERBOARD .59 T **** TAX 8.64 BAL 1? 70640022892 JEANS R 17.99 **** TAX 8.64 BAL *040" XXXXXXXXXXXMRW EXP MW DEBIT APPROVAL 000000 AMOUNT DEBIT FROM CARD AMOUNT OF CASH BACK $.00 VF DEBIT INEW CHANGE .00 YOUR TOTAL SAVINGS: 15.97 TOTAL NUMBER OF ITEMS - W 06W 5FY 8HE 00X F21 NE2 10/07/02 5:28 PM 7746 05 1088 0040 Merchandise included in today's transaction may be returned or exchanged before 01/05/03 with this receipt. The complete return & exchange Policy is available at the Service Desk. SMART PLAN ACCEPTED SMART PLAN DECLINED i k r t FEB 1 2 2r?ri 1 4 ROBERT L. McCURDY, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 00-8730 HELEN M. McCURDY, : CIVIL ACTION - LAW Defendant : CUSTODY ORDER OF COURT AND NOW, this 13& day of February, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Robert L. McCurdy, Jr., and Helen M. McCurdy, shall have shared legal custody of the minor Children, Brittany Alyese McCurdy, born October 11, 1989; Amanda Renee McCurdy, born October 9, 1991; and Benjamin Robert McCurdy, born March 2, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent: shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Child arid-of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The parties shall have shared physical custody which shall be arranged as follows: A. The shared custody schedule shall be a week-on week-off schedule, to commence February 11, 2001, at Noon, with Mother having physical custody of the Children. B. During Father's custodial week, which shall commence February 18, 2001, Mother shall have additionally have Tuesday evenings from 6:00 p.m. overnight to Wednesday morning. C. During Mother's custodial week, Mother shall drop the Children off with Father at 7:00 a.m. and will pick them up at Father's home between 5:00 and 5:30 p.m. In the event that Father is required to work after 4:45 p.m., Mother shall be contacted by Father and shall arrange for Mother to pick up the Children until Father has completed work. 4 No. 00-8730 3. In the event either party is unavailable to provide care for the Children during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the Children before contacting third-party care givers. 4. Summer. Summer shall be arranged as follows: Father shall have one continuous thirty-day period of vacation time for the purposes of travel with the Children each summer school break. Mother shall have a continuous two-week period of uninterrupted vacation time during each summer school break. The remaining weeks of summer shall be arranged as follows: during the day the Children shall be with Father while Mother is at work. During the evenings the Children shall be with Mother. The parties shall share the weekends during these remaining summer vacation weeks. 5. Holidays. Each year Father shall have Thanksgiving holiday and Mother shall have Easter holiday. Each year Mother shall have Christmas Eve from Noon until Christmas Day at Noon. Each year Father shall have Christmas Day at Noon until December 26th at Noon. The parties shall share the remaining days of the Christmas school break. 6. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 7. The Children shall be permitted reasonable telephone contact with each parent. During summer vacation time the Children shall be permitted a minimum of one completed telephone call to the non-custodial parent, each week. 8. This Order is temporary in nature and may be modified by mutual agreement of the parties. In the event the parties cannot agree, the terms of this Order shall control pending further Order of Court. BY THE C Edward E. Guido, J. ?D 13, 0 Dist: J. Paul Helvy, Esquire, 218 Pine Street, PO Box 888, Harrisburg, PA 17108 Thomas S. Diehl, Esquire, 1 W. High Street, Suite 208, Carlisle, PA 17013 1??J ROBERT L. McCURDY, JR., Plaintiff vs. HELEN M. McCURDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8730 : CIVIL ACTION - LAW : CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brittany Alyese McCurdy October 11, 1989 Mother and Father Amanda Renee McCurdy October 9, 1991 Mother and Father Benjamin Robert McCurdy March 2, 1993 Mother and Father 2. A Custody Conciliation Conference was held on February 7, 2001, with the following individuals in attendance: the Father, Robert L. McCurdy, Jr., and his counsel, J. Paul Helvy, Esquire; the Mother, Helen M. McCurdy, and her counsel, Thomas S. Diehl, Esquire. 3. The parties reached an agreement in the form of an Order as attached. a-? L?? 67 69-W Date Melissa Peel Greevy, Esquire Custody Conciliator J-A 01 FENN5YLVMIA 1-1 ??x? ROBERT L. McCURDY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 00-8730 CIVIL TERM HELEN M. McCURDY, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 18th day of January, 2001, by agreement of the parties, the following interim order is entered: 1. The parties shall share legal custody of their children, Brittany Alyese McCurdy, Amanda Renee McCurdy, and Benjamin Robert McCurdy. 2. Father shall have primary physical custody of the children from Sunday at noon through Thursday evening at 5:15 p.m. 3. Mother shall have primary physical custody of the children from Thursday at 5:15 through Sunday at noon. 4. Father will pick the children up from Mother's home at noon on Sunday, and Mother will pick the children up from Father's home at 5:15 p.m. on Thursday. 5. Mother shall drop the children off at Father's home at 7:00 a.m. on Friday mornings so he may transport them to school. 6. Father shall drop the children off at Mother's home on Tuesday evenings so that she may baby-sit while he attends his graduate class. This order is intended to be an interim order only, and shall remain in full force and effect until changed by agreement of the parties or by further Order of Court after conciliation or hearing. J. Paul Helvy, Esquire Attorney for Plaintiff Thomas S. Diehl, Esquire Attorney for Defendant Sheriff srs By the Court, 000 Edward E. Guido, J. `q"0 C 0 ?. -1-D-OFFICE or 01 JAN 19 FH2:10 GUWERU Vii COUNTY PENNSYLVANIA ? r i$y$5-H5FRN6"o-5. -g ... ROBERT L. McCURDY, JR. Plaintiff V. HELEN M. McCURDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCE/CUSTODY PLAINTIFF'S CUSTODY MEMORANDUM 1. FACTUAL BACKGROUND. The Plaintiff, Robert L. McCurdy, Jr. (hereinafter referred to as "Father"), and the Defendant, Helen M. McCurdy (hereinafter referred to as "Mother"), were married on September 28„ 1989, in Shippensburg, Cumberland County, Pennsylvania. The parties separated on or about December 25, 2000. The parties are the parents of three minor children: Brittany A. McCurdy, born October 11, 1989; Amanda R. McCurdy, born October 9, 1991; and Benjamin R. McCurdy, born March 2, 1993. On January 18, 2001, this Honorable Court entered an Interim Custody Order which was supplanted by this Court's Order of February 13, 2001, a copy of which is attached hereto and marked as Exhibit "A." This Court's February 13, 2001, order grants the parties shared physical custody on a week-on/week-off schedule. However, during Father's week, Mother was given an additional Tuesday evening from 6:00 p.m. overnight to Wednesday morning. The rationale behind this additional overnight was the fact that Father is a school teacher and would be seeing the children each morning and afternoon both during his week and during Mother's week. II. FATHER'S POSITION ON CUSTODY. Father believes that the Tuesday overnight visits with Mother are disruptive for the children. He believes that the children would benefit from having an uninterrupted week with each of the parents. Father believes that the fact that Mother has one night during the middle of his week is an undesirable disruption in the children's already hectic schedule. III. WITNESS LIST. Robert L. McCurdy, Plaintiff -- will testify as to the impact of the Tuesday overnight visits with Mother on the children. Cheryl Behrenshausen -- teacher at James Burd Elementary School, who can testify regarding Ben's fatigue and sleepiness on Wednesdays. She can also testify regarding both parents' interaction with the children and school personnel. Susan Leaphart - teacher at James Burd Elementary School, who can testify regarding Ben's fatigue and sleepiness on Wednesdays. She can also testify regarding both parents' interaction with the children and school personnel. 2 Dave Barrett - teacher at James Burd Elementary School, who can testify regarding Amanda's fatigue and sleepiness. She can also testify regarding both parents' interaction with the children and school personnel. Respectfully J. ul Helvy, Esquire omey ID #53148 Killian & Gephart, L 218 Pine Street P. O. Box 886 Harrisburg, PA 17101 (717) 232-1851 Date: September 17, 2002 Attorneys for Plaintiff ROBERT L. McCURDY, JR., Plaintiff vs. HELEN M. McCURDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8730 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this Ot day of February, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Robert L. McCurdy, Jr., and Helen M. McCurdy, shall have shared legal custody of the minor Children, Brittany Alyese McCurdy, born October 11, 1989; Amanda Renee McCurdy, born October 9, 1991; and Benjamin Robert McCurdy, born March 2, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, bgnot limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The parties shall have shared physical custody which shall be arranged as follows: A. The shared custody schedule shall be a week-on week-off schedule, to commence February 11, 2001, at Noon, with Mother having physical custody of the Children. B. During Father's custodial week, which shall commence February 18, 2001, Mother shall have additionally have Tuesday evenings from 6:00 p.m. overnight to Wednesday morning. C. During Mother's custodial week, Mother shall drop the Children off with Father at 7:00 a.m. and will pick them up at Father's home between 5:00 and 5:30 p.m. In the event that Father is required to work after 4:45 p.m. Mother shall be contacted by Father and shall arrange for Mother to pick up the Children until Father has completed work. No. 00-8730 3. In the event either party is unavailable to provide care for the Children during his or her period of custody, that parry shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the Children before contacting third-party care givers. 4. Summer. Summer shall be arranged as follows: Father shall have one continuous thirty-day period of vacation time for the purposes of travel with the Children each summer school break. Mother shall have a continuous two-week period of uninterrupted vacation time during each summer school break. The remaining weeks of summer shall be arranged as follows: during the day the Children shall be with Father while Mother is at work. During the evenings the Children shall be with Mother. The parties shall share the weekends during these remaining summer vacation weeks. 5. Holidays. Each year Father shall have Thanksgiving holiday and Mother shall have Easter holiday. Each year Mother shall have Christmas Eve from Noon until Christmas Day at Noon. Each yea' Father shall have Christmas Day at Noon until December 26th at Noon. The parties shall share the remaining days of the Christmas school break. 6. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 7. The Children shall be permitted reasonable telephone contact with each parent. During summer vacation time the Children shall be permitted a minimum of one completed telephone call to the non-custodial parent, each week. 8. This Order is temporary in nature and may be modified by mutual agreement of the parties. In the event the parties cannot agree, the terms of this Order shall control pending further Order of Court. I BY THE COURT, 1,r7?a n e? A RECORD tat t?.:?1, s??f my Rand '' Gn P,te ser! of s 'ti ?S? 1X/ I court at ;?? itsie, Pa. Th. .......? j .. of.... ??j.:....., / Edward E. Guido, J. rothonotary Dist: J. Paul Helvy, Esquire, 218 Pine treat, PO Box 886, Harrisburg, PA 17108 Thomas S. Diehl, Esquire, 1 W. High Street, Suite 208, Carlisle, PA 17013 ROBERT L. McCURDY, JR., Plaintiff vs. HELEN M. McCURDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-8730 CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brittany Alyese McCurdy October 11, 1989 Mother and Father Amanda Renee McCurdy October 9, 1991 Mother and Father Benjamin. Robert McCurdy March 2, 1993 Mother and Father 2. A Custody Conciliation Conference was held on February 7, 2001, with the following individuals in attendance: the Father, Robert L. McCurdy, Jr., and his counsel, J. Paul Helvy, Esquire; the Mother, Helen M. McCurdy, and her counsel, Thomas S. Diehl, Esquire. 3. The parties reached an agreement in the form of an Order as attached. a Date L"4 Melissa Peel Greevy, Esquire Custody Conciliator CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within document upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Via FAX and Regular Mail Steven Howell, Esq. 619 Bridge Street New Cumberland, PA 17070 Peggy \.SZc Hil ?e,§e retary to J. Paul Helvy, Esquire Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: September 17, 2002 ROBERT L. MCCURDY, : IN THE COURT OF COMMON PLEAS OF JR., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. HELEN M. MCCURDY, NO. 2000-8730 CIVIL TERM Defendant CIVIL ACTION -LAW ORDER OF COURT AND NOW, this 24TH day of SEPTEMBER, 2002, the hearing scheduled for Wednesday, September 25, 2002, at 3:00 p.m. is continued until THURSDAY, OCTOBER 24, 2002, at 11:30 a.m. in Courtroom # 5. Edward E. Guido, J. /J. Paul Helvy, Esquire P.O. Box 886 Harrisburg, Pa. 17108-0886 / Steven Howell, Esquire 619 Bridge Street New Cumberland, Pa. 17070 :sld 7 9 C C n ° r rn ? „C W J 3 ch < wm???w??,iwa»i PYS510 Cumberland County Prothonotary's Office Page 1 .AK ? Civil Case Inquiry 2000-08730 MCCURDY ROBERT L JR (vs) MCCURDY HELEN M Reference No..: Filed........: 12/20/2000 Case Type.....: COMPLAINT J d - DIVORCE Time.........: 4:13 u gment..... . 00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: General Index Attorney Info MCCURDY ROBERT L JR PLAINTIFF HELVY J PAUL 650 RITNER HIGHWAY SHrPPENSBURG PA 17257 MCCURDY HELEN M DEFENDANT HOWELL STEVEN 1650 RITNER HIGHWAY SHrPPENSBURG PA 17257 ******************************************************************************** * Date Entries ******************************************************************************** FIRST ENTRY - - - - 12/20/2000 COMPLAINT - DIVORCE - 2 ADDL COUNTS - EQUITABLE DISTRIBUTION - CUSTODY ------------------------------------------------------------------- 1/02/2001 ORDER OF COURT - DATED 12-29-00 - APPEAR BEFORE MELISSA P GREEVY ESQ THE CONCILIATOR IN CAMP HILL ON 01-24-01 AT 11:00 AM FOR A PRE HEARING CUSTODY CONFERENCE - FOR THE COURT MELISSA P GREEVY COPIES MAILED 01-02-01 ------------------------------------------------------------------- 1/08/2001 PETITION FOR SPECIAL RELIEF BY THOMAS S DIEHL ESQ ------------------------------------------------------------------- 1/08/2001 PETITION TO ENJOIN THE REMOVAL TRANSFER OF ALIENATION OF MARITAL PROPERTY UNDER SECTION 3505 OF THE DIVORCE CODE - BY THOMAS S DIEHL ESQ ------------------------------------------------------------------- 1/11/2001 PRELIMINARY INJUNCTION -DATED 01-11-01 - PLFF SHALL NOT REMOVE ALIENATE OR TRANSFER OWNERSHIP OF MARTIAL PROPERTY - HEARING ON 01-18-01 AT 2:30 PM IN CR 5 - BY THE COURT EDWARD GUIDO J COPIES MAILED 01-12-01 ------------------------------------------------------------------- 1/11/2001 ORDER - DATED 01-11-01 - RULE ISSUED UPON PLFF TO SHOW CAUSE WHY THE RELIEF SHOULD NOT BE GRANTED - HEARING SCHEDULED FOR 01-18-01 AT 3:30 PM IN CR 5 - FOR THE COURT GUIDO J COPIES MAILED 01-12-01 ------------------------------------------------------------------- 1/17/2001 PLAINTIFF'S RESPONE TO DEFENDANT'S PETITION FOR SPECIAL RELIEF -BY J PAUL HALVY ESQ FOR PLFF ------------------------------------------------------------------- 1/17/2001 PLAINTIFF'S RESPONE TO DEFNDANT'S PETITION TO ENJOIN THE REMOVAL TRANSFER OR ALIENATION OF MARITAL PROPERTY UNDER SECTIO 3505 OF THE DIVORCE CODE - BY J PAUL HELVY ESQ FOR PLFF ------------------------------------------------------------------- 1/19/2001 ORDER OF COURT - DATED 1/18/01 - IN RE AGREEMENT OF THE PARTIES - PARTIES SHALL SHARE LEGAL CUSTODY OF THEIR CHILDREN - BY THE COURT EDWARD E GUIDO J COPIES MAILED 1/19/01 ------------------------------------------------------------------- 2/13/2001 2/CUSTODY 13/01 - BY CONCILIATION EDWARD E SGU DO Y J REPORT AND COPIES ORDER MAILED COURT 2/3/01 ------------------------------------------------------------------- 2/08/2002 PRAECIPE TO ENTER APPEARANCE AS DEFTS COUNSEL - BY STEVEN HOWELL ESQ FOR DEFT ------------------------------------------------------------------- 4/11/2002 PETITION FOR MODIFICATION OF CUSTODY ORDER - BY J PAUL HELVY ESQ ------------------------------------------------------------------- 4/17/2002 ORDER OF COURT - DATED 4/17/02 - IN RE PETITION TO MODIFY - HEARING AT 301 MARKET STREET LEMOYNE PA ON 5/21/02 AT 8:30 AM FOR THE COURT MELISSA P GREEVY ESQ CUSTODY CONCILIATOR COPIES MAILED 4/17/02 ------------------------------------------------------------------- 7/24/2002 CUSTODY MBERLAND DATED 7/24/02 - ANHEARING EISESCHEDULED RIN CR 5NOFOTHE RCUOF COURT PYS510 Cumberland County Prothonotary's Office Page 2 1 Civil Case Inquiry 2000-08730 MCCURDY ROBERT L JR (vs) MCCURDY HELEN M Reference No..: Filed........: 12/20/2000 Case Type.....: COMPLAINT - DIVORCE Time.........: 4:13 Judgment. ... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 -----°------ Case Comments - Higher Crt 1.: COUNTY COURTHOUSE CARLISLE PA ON 9/25/02 ATg3:00CPM 2 BY THE COURT EDWARD E GUIDO J COPIES MAILED 6/24/02 9/24/2002 ORDER OF COURT - DATED 9//24//02 - THE HEARING SHCEDULED FOR 925/02 AT 3:00 PM IS CONTINUED UNTIL 10/24/02 AT 11:30 AM IN CR 5 - BY THE COURT EDWARD E GUIDO J - BY THE COURT EDWARD E GUIDO J COPIES MAILED 9/24/02 - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beq Bal P*ymts/Ad? End Dal ******************************** ******** ****** ******************************* DIVORCE 35.00 35.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 5.00 5.00 .00 MASTER'S FEE 125.00 125.00 .00 DIV PA SURCHG 10.00 10.00 .00 JCP FEE 5.00 5.00 .00 ADD'L COUNTS 10.00 10.00 .00 JCP FEE 5.00 5.00 .00 ADD'L COUNTS 10.00 10.00 .00 JCP FEE 5.00 5.00 .00 CUSTODY FEE 4.00 4.00 .00 CUSTODY FEE-CO 1.00 1.00 .00 MODIFICATION CU 50.00 50.00 .00 --------- -------------- 265.50 ---------- --- 265.50 .00 ******************************************************************************** * End of Case Information ******************************************************************************** JUL 2 2 2002 V ROBERT L. MCCURDY, JR., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 00-8730 CIVIL TERM V. CIVIL ACTION - LAW HELEN M. MCCURDY, IN CUSTODY Defendant GUIDO, J. --- ORDER, OF COURT AND NOW, this day of July, 2002, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. A hearing is s heduled in Courtroom umber 5 of the Cumberland County Cqurthouse, on the day of t 2002, at : AD o'clock .M., at which time testimony will be taken. For the purposes of the hearing, the Father, Robert L. McCurdy, Jr., shall be deemed to be the moving party and shall proceed initially with testimony. The hearing will be limited to the issue of whether or not to discontinue the Tuesday overnight which presently occurs during Father's custodial week during the school year. Counsel for the parties or the parties pro se shall file with the Court and opposing counsel/party a memorandum setting forth each party's position on custody, a list of witnesses who are expected to testify at the hearing, and a summary of the anticipated testimony of each witness. These memoranda shall be filed at least ten days prior to the hearing date. 2. The Order of February 13, 2001 shall continue in full force and effect with the following modifications: A. The time for the custodial exchange on the week-on week-off schedule specified in Paragraph 2A shall occur between 6:30 a.m. and 7:00 a.m. on Mondays. B. Beginning in the summer of 2003, twice each summer, not to include either party's vacation plans as specified in Paragraph 4, each party may choose to extend one of their regular custodial weekends. The extended custodial weekend shall run from Thursday evening through Monday morning. t NO. 00-8730 CIVIL TERM C. The parties will notify each other of any doctors' appointments or school meetings related to the children in advance, providing the opportunity for both parents to participate in these meetings regarding their children. In the event that one party cannot attend, the party who does attend must promptly notify the other parent of the results and recommendations of these appointments. D. All parental business communication related to the custody of these children shall take place outside of the presence or earshot of the children. Further, the children shall not be shown correspondence from counsel, briefs, pleadings, or other documents related to the parents' litigation in divorce, support and custody. The parents shall make every effort to remove the children from the center of their conflict in litigation around these issues. E. Neither parent shall arrange or approve any activities for the children which occur on the other parent's custodial time without the express consent of that parent. F. Prior to embarking on vacation, the parties will provide each other thirty (30) days in advance with an itinerary for their travel to include the locations to be visited and telephone numbers where they can be reached. BY T COUR ' Edward E. Guido, J. Dist: /fPaul Helvy, Esquire, PO Box 886, Harrisburg, PA 17108-0886 l3teven Howell, Esquire, 619 Bridge Street, New Cumberland, PA 17070 L-ay-oa R? r 02'' ,1 '1.2 :'.s1 l 3 ? 16 t 6/'.g?;?su'a;u*w,?argpy+,fi€?PS?fiis»» ?a r n;..??r{?R? ... ROBERT L. MCCURDY, JR., Plaintiff Defendant NO. 00-8730 CIVIL TERM V. HELEN M. MCCURDY, CUSTODY CONCILIATION SUMMARY REPORT IN CUSTODY IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the children who are the subject of this litigation is as follows: NAME Brittany Alyese McCurdy Amanda Renee McCurdy Benjamin Robert McCurdy October 11, 1989 October 9, 1991 March 2, 1993 Mother and Father Mother and Father Mother and Father 2. A Custody Conciliation Conference was held on July 16, 2002 pursuant to Father's Petition to Modify which was filed on April 11, 2002. Present for the conference were the Father, Robert L. McCurdy, Jr., and his counsel, J. Paul Helvy, Esquire; the Mother, Helen M. McCurdy, and her counsel, Steven Howell, Esquire. 3. The parties reached agreements concerning modifications to the summer schedule, changes in the custodial exchange time during the school year, parental communication, notification of medical appointments and vacation itinerary, scheduling of children's activities and removing the children from having any information or involvement in knowledge of the parties' litigation and child support issues. These agreements are reflected in the Order attached. 4. The one issue upon which the parties did not agree related to the Tuesday overnights which occur with Mother during Father's custodial week. Father wishes to discontinue these overnights. This is the sole issue which will be heard by the Court. 5. Father's position on the Tuesday overnights is as follows: Father would like to discontinue the Tuesday overnights which occur during his custodial weeks because it disrupts his week. He further claims that the children sleep in class and believes that Mother does not and will not put them to bed early enough. Father's preferred bedtime for J U L 2 2 2002 .0/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DATE OF BIRTH CURRENTLY IN THE CUSTODY OF f NO. 00-8730 CIVIL TERM the children is 9:00 p.m. Father reports that Ben often does not know where he is sleeping on any given night and claims that the parties' daughters do not like going back and forth. Therefore, he believes that the increase in continuity provided by an uninterrupted week-on week-off schedule is best for the children. Father also stated that he wants the balance of overnights between the parties to be the same. 6. Mother's position on the Tuesday overnights is as follows: Mother reports that she believes this will keep her more involved with the children and their school work. She finds it difficult to be away from the children with no contact for a week at a time, and points out that because Father is a teacher in the elementary school which the children attend and because of her work schedule, he has daily contact with the children, even when it is her custodial week. Mother agrees that she will put the children to bed at 9:00 p.m. rather than her standard time of 9:30 p.m. in order to resolve this issue. Both parties report that the children are good kids and are doing well in school academically. 5. It is anticipated that the hearing in this matter will take two (2) hours or less. 6. No custody evaluation has been requested nor is there any plan to present expert testimony. Date Melissa Peel Greevy, Esquire Custody Conciliator 160650 o.? I - a sue. x =tip Cl) O n N ? N C L T N p?0 0) N N ?a - a N x N m a) ?OaU CD O 00 O n 00 a 00 00 C x0 L 00 O N CL x ?9Y?J ii n-8 N L a? M -?? o - a> o r? N N X IL c`aa4) o N E co N _ 0 C q 'N =I-OaU 0 d c > L L mm G 0 = N C od x co M N N C 0 =? ?0 aU _? _ k M1«.nwm'w.. ROBERT L. MCCURDY, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. HELEN M. MCCURDY DEFENDANT 00-8730 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 29th day of December , 2000, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear beforeMelissa P. Greevy, Esq. , the conciliator, at 214 Senate Avenue Suite 105, Camp Hill PA 17011 on the 24th day of January, 2001 , at 11:00 a.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: /s/ Melissa P. Greevv. Esa\ Custody Conciliator 41` The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 f EISN16"J.'A NA 1aof ?i, el A -A?- 4 ROBERT L. McCURDY, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000- P736 HELEN M. McCURDY, : CIVIL ACTION - LAW Defendant : IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this day of 20 _, upon consideration of the Custody Count set forth in the attached Complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the day of 20_, at a.m./p.m. for a Pre- Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 or 1-800-990-9108 ROBERT L. McCURDY, JR. Plaintiff V. HELEN M. McCURDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- CIVIL ACTION - LAW IN DIVORCE/CUSTODY 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 or 1-800-990-9108 ROBERT L. McCURDY, JR. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000- 9 9 3 O HELEN M. McCURDY, CIVIL ACTION - LAW Defendant IN DIVORCE/CUSTODY COMPLAINT IN DIVORCE AND NOW comes Robert L. McCurdy, Jr., by and through his counsel, Killian & Gephart, LLP, who represents as follows: 1. Plaintiff, ROBERT L. McCURDY, JR., is an adult individual, who currently resides at 1650 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania; Social Security No. 211-60-6971. 2. Defendant, HELEN M. McCURDY, is an adult individual who currently resides at 1650 Rimer Highway, Shippensburg, Cumberland County, Pennsylvania; Social Security No. 188-60-4267. 3. Plaintiff avers that he has been a bonafide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 28, 1989, in Shippensburg, Pennsylvania. Plaintiff avers that there are three children of the parties under the age of 18, namely: Brittany Alyese, date of birth, October 11, 1989; Amanda Renee, date of birth, October 9, 1991; and Benjamin Robert, date of birth, March 2, 1993. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There have been no other prior actions of divorce or annulment filed by either of the parties hereto. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. COUNT I -- CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 10. The averments of Paragraphs 1 through 9 are hereby incorporated by reference thereto. 11. The Plaintiff and Defendant are the owners of various items of property acquired during their marriage which are subject to equitable distribution by this Court. 2 COUNT II -- CUSTODY 12. The averments of Paragraphs 1 through 11 are hereby incorporated by reference thereto. 13. Plaintiff seeks custody of the following children: Name Present Address Age Brittany Alyese McCurdy 1650 Rimer Highway 11 Shippensburg, PA 17257 Amanda Renee McCurdy 1650 Rimer Highway 9 Shippensburg, PA 17257 Benjamin Robert McCurdy 1650 Ritner Highway 7 Shippensburg, PA 17257 14. The aforementioned children were not born out of wedlock. The children are presently in the custody of both parents who currently reside at 1650 Rimer Highway, Shippensburg, Pennsylvania. During the past five years, the children resided with both parents at said address. The mother of the children is Helen M. McCurdy, who currently resides at 1650 Rimer Highway, Shippensburg, PA 17257; she is married to and living in the same residence as, but separated from, the Plaintiff. The father of the children is Robert L. McCurdy, who currently resides at 1650 Rimer Highway, Shippensburg, PA 17257; he is married to and living in the same residence as, but separated from, the Defendant. 15. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides with the children and the Defendant. 3 16. The relationship of the Defendant to the children is that of Mother. The Defendant currently resides with the children and the Plaintiff. 17. 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. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or elsewhere. 18. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 19. The best interests and permanent welfare of the children will best be served by granting the relief requested because the Plaintiff anticipates that the parties to this proceeding will soon be living apart from each other. The Plaintiff is best able to provide for the care and maintenance of the children because he has a steady job with Shippensburg School District since 1995 and has been the primary, and often the sole, caretaker of the children their entire lives. Plaintiff can best provide a permanent, stable home for the children. 20. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, the Plaintiff requests the Court enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all marital property owned by the parties hereto; C. Granting him custody of the children, Brittany A. McCurdy, Amanda R. McCurdy, and Benjamin R. McCurdy; and d. Such further relief as the Court may determine equitable and just. "HUM M "UPHAl L, LLi 2218 Pine Street, P.O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Atty. I.D. #53148 Dated: December 19, 2000 Attorneys for Plaintiff 5 Respectfully submitted, DEG-19-00 TUE 08:25 AM TOWN STATIONERY 17175x29855 P_01 DEC-18-2000 13:19 KILLIAN 8 UEPHRRT - 717 232 0592 P.02i02 VERMCATM I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Z, ?5 A?; Robert McCurdy ?? / Dated: December 19, 2000 TQ'igL P. "W N 1 a ? a Cki hQ/__ .ham , c> c: Tr CD u a-7 T'3 c> -1 Q ROBERT L. McCURDY, JR., Plaintiff/Respondent V. HELEN M. McCURDY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY ORDER AND NOW, this day of 2001, upon consideration of the attached Petition For Special Relief, a rule is issued upon the Plaintiff/Respondent, Robert L. McCurdy, Jr., to show cause why the relief requested in said Petition should not be granted. Said rule shall be returnable at a hearing scheduled for the day of 2001, at the Cumberland County Courthouse, Carlisle, Pennsylvania, in courtroom number , at o'clock .m. FOR THE COURT: J. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ROBERT L. McCURDY, JR., Plaintiff/Respondent V. HELEN M. McCURDY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Helen M. McCurdy, by and through her counsel, Thomas S. Diehl, Esquire, who respectfully represents the following: 1. The Petitioner, Helen M. McCurdy, is an adult individual currently residing at 1650 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Respondent, Robert L. McCurdy, Jr., is an adult individual currently residing at 5 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257 3. The parties are the natural parents of Brittany Alyese McCurdy, aged 11; Amanda Renee McCurdy, aged 9; and Benjamin Robert McCurdy, aged 7. 4. There is no existing Custody Order. 5. On or about December 20, 2000, the Respondent filed an action in Divorce/Custody, Docket Number 2000-8730, and therefore the Petitioner has not filed a Petition for Custody contemporaneously with the filing of this Petition for Special Relief. 6. The children have resided at 1650 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania since August 1992. 7. On the 22"d day of December 2000, the parties' separated. 8. On the 29th day of December 2000, the Respondent removed the children from the residence to the new residence that he recently acquired. 9. The removal of the children was done over the objections of the Petitioner. 10, It is believed and therefore averred that this disruption is not in the children's best interest, as it is disruptive to both their schooling and emotional welfare. 11, Accordingly, the Petitioner believes that it is in the children's best interest to keep the children at their established home at 1650 Ritner Highway, Shippensburg, Pennsylvania, pending the scheduling and attendance of the Custody Conciliation Conference. WHEREFORE, the Petitioner, Helen M. McCurdy, respectfully requests this Honorable Court to enter a Rule to Show Cause for the special relief requested. Dated: ! " q _ 01 Thomas S. Diehl, Esquire One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 I.D. No. 78942 (717) 240-0833 Cuss . PC ( , VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. 1-11 1 ?- (?e Cu 41 Helen M. McCurdy, Petitioner CERTIFICATE OF SERVICE I hereby certify this 8s' day of January 2001, that a true and correct copy of the foregoing document was served on the following individuals via first-class mail, postage prepaid: I Paul Helvy, Esquire Killian & Gephart, LLP 218 Pine Street P.O. Bog 886 Harrisburg, PA 17108-0886 By Assistant ROBERT L. McCURDY, JR., Plaintiff/Respondent V. HELEN M. McCURDY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY PRELIMINARY INJUNCTION AND NOW, this //"" day of 2001, upon review of the within Complaint to enjoin the removal or transfer or alienation of the marital property located within the marital residence, it is ORDERED AND DECREE that without leave of this Court, 1. Robert L. McCurdy, Jr., shall not remove, alienate, or transfer ownership of marital property from within the marital residence located at 1650 Ritner Highway, Shippensburg,Pennsylvania. pro r al nce. j 3. A hearing shall be held on this matter on the / ?- day of f??IlLt C 2001, ai .30 o'clock /= 9 m. in Courtroom Number of the Cumberland County Courthouse, Carlisle, Pennsylvania, at which time evidence shall be presented and ..n„ c fApQt* t c k C 0aAtt o Rdt t tr ke ejvftte d r 'w t f#12. testimony heard as to /^ BY :;; 0/-/,R-01 RP iJ ROBERT L. McCURDY, JR., Plaintiff/Respondent V. HELEN M. McCURDY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY PETITION TO ENJOIN THE REMOVAL, TRANSFER, OR ALIENATION OF MARITAL PROPERTY UNDER SECTION 3505 OF THE DIVORCE CODE To the Honorable Judges of said Court: 1. The Petitioner, Helen M. McCurdy, (hereinafter "Wife") brings this action against the Respondent, Robert L. McCurdy, Jr., (hereinafter "Husband"). 2. The parties are husband and wife, having been married on September 28, 1989 in Shippensburg, Pennsylvania. 3. Husband filed for divorce on December 20, 2000, said divorce being docketed to Cumberland County Number 2000-8730. 4. The parties' marital residence is located at 1650 Rimer Highway, Shippensburg,Pennsylvania. 5. On or about the 291h day of November, 2000, Husband began transferring marital property to his new residence located at 5 Walnut Bottom Road, Shippensburg, Pennsylvania. 6. The items that he has already removed/transferred include, but are not limited to: (a) Television (b) VCR (c) Photo albums (d) Refrigerator (e) Large bookcase (f) Roll top desk (g) Video tapes (h) Shelving units (i) Children's belongings 0) Fire safety boxes (k) Tax forms (1) Financial paperwork, paycheck stubs (m) Wall pictures (n) Exercise equipment, including abdominal bench, Universal weight bench (o) Books valued at over $1,000.00 (p) Tent and camping equipment, including stove and refrigerator (q) Bicycle 7. Husband has refused to negotiate in good faith with Wife, and has indicated that he will continue to unilaterally remove/transfer items from the marital residence without giving an accounting of the same to Wife. 8. Wife believes and therefore avers that Husband's actions are making it impossible to equitably divide the parties' marital assets in the future. 9. Wife further avers that Husband has caused damage to the marital residence, including breaking a door and tearing the flooring. 10. Wife further avers that Husband's removal of marital property is to the detriment of the parties' three minor children who reside in the marital residence. WHEREFORE, the Petitioner prays this Honorable Court to: (a) enjoin the Husband from further removing, alienating, or transferring marital property from the marital residence; (b) to provide an accounting of the martial property that he has already removed from the residence; and (c) any such other relief that the Court may deem appropriate. Date: I f3 J O Respectfully submitted, Thomas S. Diehl, Esquire Attorney for the Petitioner One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Helen M. McCurdy, Petitioner CERTIFICATE OF SERVICE I hereby certify this 8th day of January 2001, that a true and correct copy of the foregoing document was served on the following individuals via first-class mail, postage prepaid: I Paul Helvy, Esquire Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 By Ki erly LeV6u4h Legal Assistant ROBERT L. McCURDY, JR., Plaintiff/Respondent V. HELEN M. McCURDY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY ORDER AND NOW, this 11 day of U6ltl6IfLx 2001, upon consideration of the attached Petition For Special Relief, a rule is issued upon the Plaintiff/Respondent, Robert L. McCurdy, Jr., to show cause why the relief requested in said Petition should not be granted. Said Iruule shall be returnable at a hearing scheduled for the 1 ntA day of ?LA/ ?'IV Ul/GT, 2001, at the Cumberland County Courthouse, Carlisle, Pennsylvania, in courtroom number ?§, at J' V o'clockm. FOR THE COURT: YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ?I 1 a S r t.. `v,..•ufy t? ROBERT L. McCURDY, JR., Plaintiff/Respondent V. HELEN M. McCURDY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE/CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Helen M. McCurdy, by and through her counsel, Thomas S. Diehl, Esquire, who respectfully represents the following: 1. The Petitioner, Helen M. McCurdy, is an adult individual currently residing at 1650 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Respondent, Robert L. McCurdy, Jr., is an adult individual currently residing at 5 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties are the natural parents of Brittany Alyese McCurdy, aged 11; Amanda Renee McCurdy, aged 9; and Benjamin Robert McCurdy, aged 7. 4. There is no existing Custody Order. 5. On or about December 20, 2000, the Respondent filed an action in Divorce/Custody, Docket Number 2000-8730, and therefore the Petitioner has not filed a Petition for Custody contemporaneously with the filing of this Petition for Special Relief. 6. The children have resided at 1650 Rimer Highway, Shippensburg, Cumberland County, Pennsylvania since August 1992. 7. On the 22nd day of December 2000, the parties' separated. 8. On the 29" day of December 2000, the Respondent removed the children from the residence to the new residence that he recently acquired. 9. The removal of the children was done over the objections of the Petitioner. 10. It is believed and therefore averred that this disruption is not in the children's best interest, as it is disruptive to both their schooling and emotional welfare. 11. Accordingly, the Petitioner believes that it is in the children's best interest to keep the children at their established home at 1650 Rimer Highway, Shippensburg, Pennsylvania, pending the scheduling and attendance of the Custody Conciliation Conference. WHEREFORE, the Petitioner, Helen M. McCurdy, respectfully requests this Honorable Court to enter a Rule to Show Cause for the special relief requested. Respectfully Dated: I, 4q- Of f 'Thomas S. Diehl, Esquire One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 I.D. No. 78942 (717) 240-0833 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Helen M. McCurdy, Petitioner CERTIFICATE OF SERVICE I hereby certify this 8`h day of January 2001, that a true and correct copy of the foregoing document was served on the following individuals via first-class mail, postage prepaid: J. Paul Helvy, Esquire Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 ROBERT L, McCURDY, JR. Plaintiff V. HELEN M. McCURDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCE/CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION FOR SPECIAL RELIEF AND NOW comes Plaintiff/Respondent, Robert L. McCurdy, Jr., by and through his counsel, Killian & Gephart, LLP, and does hereby respond to Defendant's Petition for Special Relief as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied as stated. Since January 2, 2001, the children have resided with Respondent, Robert L. McCurdy, Jr., at 5 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 7. Admitted. 8. Denied as stated. The Respondent did not even see the children on December 29, 2000. On December 30, 2000, Respondent picked up the children with the consent of the Petitioner. 9. Denied. It is specifically denied that the removal of the children was done over the objections of the Petitioner. To the contrary, when the Respondent did pick up the children, it was with the Petitioner's consent. 10. Denied. It is specifically denied that the Respondent's actions have not been in the children's best interests. By way of further answer, it is important for the Court to realize that the Petitioner has been working a 5:00 p.m. to 1:00 a.m. shift for the past eleven years. Typically, the Petitioner does not return home from work until between 2:00--3:00 a.m. As a result, since the children's birth, the Respondent has been the children's primary caretaker. The Respondent has, however, encouraged Petitioner to spend time with the children during the course of the marriage, and he will continue to encourage Petitioner to spend time with the children now that they have separated. 11. Denied. It is specifically denied that it is in the children's best interests to keep the children at their established home at 1650 Rimer Highway, Shippensburg. To the contrary, it is in the best interests of the children that majority physical custody be granted to the Respondent. 2 WHEREFORE, Plaintiff/Respondent, Robert L. McCurdy, Jr., respectfully requests this Honorable Court to dismiss Defendant's Petition for Special Relief Respectfully submitted, J. 1 Helvy, Esquire an & Gephart, I 218 Pine Street P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I. D. #53148 Dated: January 17, 2001 Attorneys for Robert L. McCurdy, Jr. LtU ly-bb I U? ...- DEc-1^o-2000 13:19 KILLIAN & GEPHART 717 238 0592 P.02,02 VER]ICATION I hereby verify that the statements of fact made in the foregoing document are true and. coxzect to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties conta ured in 18 Pa.C.S.A. §4904, relating to wb-wom falsification to authorities. Robert McCurdy r Dated: January 17, 2001 CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within document upon the following via FAX and by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Thomas S. Diehl, Esquire Mislitsky and Diehl One West High St., Suite 208 P. O. Box 1290 Carlisle, PA 17013 FAX (717) 240-0893 '-? \-t Peggy Hile, Secretary to J. Paul Helvy, Esquire Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: January 17, 2001 tlISNdS' % "'33?'?ltluu"hsiW-k4s' iii ?? ?? I ?J r f rPt, _., .: , c;? ROBERT L. McCURDY, JR. Plaintiff V. HELEN M. McCURDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCE/CUSTODY PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION TO ENJOIN THE REMOVAL, TRANSFER, OR ALIENATION OF MARITAL PROPERTY UNDER SECTION 3505 OF THE DIVORCE CODE AND NOW comes Plaintiff/Respondent, Robert L. McCurdy, Jr., by and through his counsel, Killian & Gephart, LLP, and does hereby respond to Defendant's Petition to Enjoin the Removal, Transfer, or Alienation of Marital Property Under Section 3505 of the Divorce Code as follows: Admitted. Admitted. Admitted. 4. Admitted. 5. Denied as stated. It is denied that on November 29, 2000, Respondent, Robert L. McCurdy, Jr. (hereinafter "Husband"), began transferring property to his new residence. To the contrary, Husband did not obtain a new residence until December 29, 2000, and did not start looking for a new admitted, however, that commencing on or certain items from the marital residence in Helen McCurdy (hereinafter "Wife"), had following items from the marital residence: grandmother containing his family tree, coins from his grandmother, numerous CDs from his trips he had taken with the parties' children containing stamps from the various places he personal items which were contained in a that Wife was removing those items which she realized it would be necessary for him to until December 26, 2000. It is December 5, 2000, Husband removed to the fact that Petitioner/Defendant, without Husband's consent, the family Bible from his to a manila folder which were a gift his travel journal from the 30 day the last three summers, blue books visited with the children, and other it was only after Husband discovered were most dear to him that he from the marital residence any items which he did not wish to lose. 6. (a) Husband admits that he The television he (b) Husband admits that he one of the parties' three televisions. had been in the parties' barn. a video player; however, he left an identical video player and a VCR in the marital residence. 2 (c) Husband admits that he removed only those photograph albums which he had prepared; however, he left all of the albums which Wife had prepared in the marital residence. (d) Husband admits that he removed his premarital refrigerator from the barn; however, he left the marital refrigerator, which was in the kitchen. (e) Husband admits that he removed a premarital bookcase, as well as two bookcases which he had built during the marriage. Husband left approximately ten bookcases/shelving units in the marital residence. (f) Husband admits that he removed a premarital roll top desk; however, he left four marital desks in the marital residence. (g) Husband admits that he removed approximately ten home videos from the marital residence; however, he left approximately 80 commercial children's videos at the marital residence. (h) See response to subsection (e) above. (i) Husband admits that he removed four games which he had bought for the children for Christmas 2000. He also admits that he removed clothes for the children which Wife placed in his van for him to take. It is denied that Husband removed any other belongings of the children. 0) Husband admits that he removed two large and one small fire safety boxes; however, he left one small fire safety box at the marital residence. (k) Husband admits that he removed tax forms, and will either photocopy or return these documents to Wife. (1) Husband admits that he removed financial paperwork and paycheck stubs, and will either photocopy or return said documents to Wife. (m) Husband removed one wall picture which was given to the parties by his mother. This picture was kept in the parties' mud room. (n) Husband admits that he removed his weightlifting equipment, which Wife never used; however, he left a $750 treadmill for Wife. Approximately one-half of the weightlifting equipment removed is premarital. (o) Husband removed approximately one-half of the parties' books. By way of further answer, Wife recently entered Husband's van while it was on school property and removed approximately 400-500 books which he uses to teach the students of the school district in which he 4 is employed. Although Husband has asked Wife to return these books so that the children he teaches will not suffer, she has thus far refused. (p) Husband admits that he removed the tent and camping equipment, which were used almost exclusively by him during the course of the marriage. (q) Husband admits that he removed his bicycle, leaving five bicycles at the marital residence. 7. Denied. It is specifically denied that Husband has refused to negotiate in good faith with Wife. It is further denied that Husband has indicated that he will continue to unilaterally removed or transfer items from the marital residence without giving an accounting of same to Wife. 8. Denied. It is specifically denied that Husband's actions are making it impossible to equitably divide the marital assets in the future. To the contrary, Husband has removed a minute portion of the parties' furniture and furnishings and is willing to provide a complete accounting of everything which he has removed to Wife. 9. Denied. It is specifically denied that Husband has caused damage to the marital residence. To the contrary, with regard to the door which Wife alleges is broken, Husband can only assume that she is referring to the storm door to the playroom which was broken during the course of the marriage. With regard to the flooring which she alleges he tore, this flooring is linoleum and contains numerous nails holding it down. This flooring has been torn throughout the course of the marriage. 10. Denied. It is specifically denied that Husband's removal of the limited items of personalty from the marital residence detriments the children in any way, shape or form. WHEREFORE, Plaintiff/Respondent, Robert L. McCurdy, Jr., respectfully requests this Honorable Court to dismiss the Petition filed herein. Respectfully submitted, P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I. D. #53148 Dated: January 17, 2001 Attorneys for Robert L. McCurdy, Jr. 6 218 Pine Street DEC-18-2000 13:19 KILLIAN & GEPHAR7 717 238 0592 P.02,02 VE CATION I hereby verify that the statements of fact made in the foregoing document are true and. correct to the best of my knowledge, information and belief: I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.3.A. §4904, relating to u,nswom falsification to authorities. Robert McCurdy Dated: January 17, 2001 CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within document upon the following via FAX and by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Thomas S. Diehl, Esquire Mislitsky and Diehl One West High St., Suite 208 P. O. Box 1290 Carlisle, PA 17013 FAX (717) 240-0893 Peggy Hile, Secretary to J. Paul Helvy, Esquire Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: January 17, 2001 ??? ? ? _ _ ROBERT L. McCURDY, JR., PLAINTIFF V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 8730 CIVIL TERM HELEN M. McCURDY, DEFENDANT CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE AS DEFENDANT'S COUNSEL TO THE PROTHONOTARY: Please enter the appearance of Steven Howell, Esquire on behalf of the Defendant Helen M. McCurdy. Respectfully subBY: teven Howell, Esq re 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court I.D. 62063 Attorney for Defendant Certificate of Service I hereby certify that on the date set forth below a true and correct copy of the foregoing document was served upon all counsel of record via postage prepaid, first class United States Mail addressed as follows: J. Paul Helvy, Esquire Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 Thomas Diehl, Esquire Mislitsky & Diehl P.O. Box 1290 Carlisle, PA 17013 BY: Date: February 7, 2002 Howell, Esquire ?.? ?_ _ ?. C°l C, s""y 1?.3 C'J J[ '? -.? ? `- -- ? ? Cs; .- G7 ;y J - ii Z _ -; ?? 4 ROBERT L. MCCURDY, JR. IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. • 00-8730 CIVIL ACTION LAW HELEN M. MCCURDY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, April 17, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Tuesday, May 21, 2002 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Melissa P Greevy, Eso "4A Custody Conciliates The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 , -'rIr 024' 2 1 n7? .lA'!kH£wPiY-'c'+.+?'?£+''FMT'i..1sF.'n4i4'Fe.. 1 ROBERT L. McCURDY, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2000-8730 HELEN M. McCURDY, : CIVIL ACTION - LAW Defendant : IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this day of 2002, upon consideration of the attached Petition for Modification of Custody Order attached, it is hereby directed that the parties and their respective counsel appear before. , the conciliator, at on the day of a.m./p.m. for a Pre-Hearing Custody Conference. 2002, at At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for the entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator ROBERT L. McCURDY, JR. Plaintiff V. HELEN M. McCURDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCE/CUSTODY PETITION FOR MODIFICATION OF CUSTODY ORDER 1. The Petitioner, ROBERT L. McCURDY, JR., (hereinafter "Father"), is an adult individual who currently resides at 5 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. The Respondent, HELEN M. McCURDY (hereinafter "Mother"), is an adult individual who currently resides at 1650 Ritner Highway, Shippensburg, Cumberland County, Pennsylvania 17257. The parties are the parents of three children under the age of 18, namely: Brittany Alyese, date of birth, October 11, 1989; Amanda Renee, date of birth, October 9, 1991; and Benjamin Robert, date of birth, March 2, 1993. 4. On February 13, 2001, this Honorable Court entered a custody order, which granted the parties joint legal custody and granted the parties shared physical custody on essentially a week-on/week-off basis. A true and correct copy of said custody order is attached hereto and marked as Exhibit A. 5. Since the entry of that court order, the parties' minor children have expressed a desire to spend substantially more time with Father. 6. The Petitioner believes and therefore avers that it is in the best interests of the children that the existing custody order be modified in order to significantly expand the amount of time which the parties' minor children spend with him such that he is granted either primary physical custody or, in the alternative, shared physical custody of the parties' minor children. WHEREFORE, the Petitioner respectfully requests this Honorable Court to modify the existing custody order to provide Petitioner with either primary physical custody or shared physical custody of the parties' minor children. Respectfully submitted, J, ,Paul Helvy, Esq Killian & Gepha 01 218 Pine Street P. O. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I. D. #53148 Dated: Attorneys for Robert L. McCurdy, Jr. } ROBERT L. McCURDY, JR., Plaintiff vs. HELEN M. McCURDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 00-8730 CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this 1-3 t6 - day of February, 2001, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parties, Robert L. McCurdy, Jk., and Helen M. McCurdy, shall have shared legal custody of the minor Children, Brittany Alyese McCurdy, born October 11, 1989; Amanda Renee McCurdy, born October 9, 1991; and Benjamin Robert McCurdy, born March 2, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of Pa. C. S. § 5309, each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. The parties shall have shared physical custody which shall be arranged as follows:. A. The shared custody schedule shall be a week-on week-off schedule, to commence February 11, 2001, at Noon, with Mother having physical custody of the Children. B. During Father's custodial week, which shall commence February 18, 2001, Mother shall have additionally have Tuesday evenings from 6:00 p.m. overnight to Wednesday morning. C. During Mother's custodial week, Mother shall drop the Children off with Father at 7:00 a.m. and will pick them up at Father's home between 5:00 and 5:30 p.m. In the event that Father is required to work after 4:45 p.m., Mother shall be contacted by Father and shall arrange for Mother to pick up the Children until Father has completed work. EXHIBIT No. 00-8730 3. In the event either party is unavailable to provide care for the Children during his or her period of custody, that party shall first make a reasonable effort to contact the other party to offer the parent the opportunity to provide care for the Children before contacting third-party care givers. 4. Summer. Summer shall be arranged as follows: Father shall have one continuous thirty-day period of vacation time for the purposes of travel with the Children each summer school break. Mother shall have a continuous two-week period of uninterrupted vacation time during each summer school break. The remaining weeks of summer shall be arranged as follows: during the day the Children shall be with Father while Mother is at work. During the evenings the Children shall be with Mother. The parties shall share the weekends during these remaining summer vacation weeks. 5. Holidays. Each year Father shall have Thanksgiving holiday and Mother shall have Easter holiday. Each year Mother shall have Christmas Eve from Noon until Christmas Day at Noon. Each yea'r' Father shall have Christmas Day at Noon until December 26' at Noon. The parties shall share the remaining days of the Christmas school break. 6. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 7. The Children shall be permitted reasonable telephone contact with each parent. During summer vacation time the Children shall be permitted a minimum of one completed telephone call to the non-custodial parent, each week. 8. This Order is temporary in nature and may be modified by mutual agreement of the parties. In the event the parties cannot agree, the terms of this Order shall control pending further Order of Court. BY THE COURT, ECORD in TRUE TSa R Py9 ; r l 1Gn' 4 i7FPYc.G i ?;??r,• r e -f set rE?y hand an fife S ai of said Court afi lisle, Pa. P Th', ........ S C . /3' °f'°? Edward E. Guido, J. rothonotary Dist: J. Paul Helvy, Esquire, 218 Pine treat, PC Box 886, Harrisburg, PA 17108 Thomas S. Diehl, Esquire, 1 W. High Street, Suite 208, Carlisle, PA 17013 ROBERT L. McCURDY, JR., Plaintiff vs. HELEN M. McCURDY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8730 CIVIL ACTION - LAW CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Brittany Alyese McCurdy October 11, 1989 Mother and Father Amanda Renee McCurdy October 9, 1991 Mother and Father Benjamin. Robert McCurdy March 2, 1993 Mother and Father 2. A Custody Conciliation Conference was held on February 7, 2001, with the following individuals in attendance: the Father, Robert L. McCurdy, Jr., and his counsel, J. Paul Helvy, Esquire; the Mother, Helen M. McCurdy, and her counsel, Thomas S. Diehl, Esquire. 3. The parties reached an agreement in the form of an Order as attached. a-%-?? Date Melissa Peel Greevy, Esquire Custody Conciliator DEG-19-00 TUE 08;28 PM TOWN STATIONERY DEC-18-2000 13=19 KILLIRN & GGPHRRT yFRMCATION 1717552,3855 P.02 717 236 0592 P.02, I hereby verify that the statements of fact made in the foregoing document are true and. correct to the best of my knowledge, information and belief. I understand that any falsc statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to rutsworn falsification to authorities. Robert McCurdy 7 W? Dated: March 22, 2002 CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within Petition for Modification of Custody Order upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Steven Howell, Esq. 619 Bridge Street New Cumberland, PA 17070 Peggy Hile, Secretary to J. Paul Helvy, Esquire Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: L{-\O-ca _a_ yY 33 i_.. J l ROBERT L. MCCURDY, JR., Plaintiff V. HELEN M. MCCURDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-8730 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of October, 2002, after hearing, paragraph 2(b) of our custody order dated February 13, 2001, shall be amended to read as follows: 2(b). During father's custodial week, mother shall have the children Friday evenings from 6:00 p.m. until Saturday morning at 9:00 a.m. In all other respects our order of February 13, 2001, shall remain in full force and effect. By J. Paul Helvy, Esquire For the Plaintiff Steven Howell, Esquire For the Defendant It Edward E. Guido, J. 1 S ks L $'r"' ? Y W?' !'g ? L ?b'"? ?n? loy hand la, Pa. i v2QCT?v ??ri#:?? ?;:w Robert L. McCurdy, Jr. vs Case No. 2000-8730 Helen M. McCurdy Statement of Intention to Proceed To the Court: Plaintiff, Robert L. McCurdy, Jr. Print Name J. Paul Helvy, Esquire Date: 9/22/05 intends to proceed with the above captioned matter. Sign Name Attomeyfor aintiff Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule ofcivil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(6) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case; they will take no action and "the Prothonotary shall enter an order as of course temilnating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to temilnate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of temilnation on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. D C: M 7 a rl ? -a r' -, 7? C- to ROBERT L. MCCURDY, JR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-8730 HELEN M. MCCURDY., CIVIL ACTION-LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Custody and Divorce under Section 3301(c) of the Divorce Code was filed on December 20, 2000. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. X?-14 Robert L. McCurdy, Jr. LJ ) Date: ???? _06F -v Mc ROBERT L. MCCURDY, JR, Plaintiff V. HELEN M. MCCURDY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8730 CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. 2' N C"J' lefi'/ Robert L. McCurdy, Jr. Date: / - /b' e Z W- o ROBERT L. MCCURDY, JR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-8730 HELEN M. MCCURDY, CIVIL ACTION-LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Custody and Divorce under Section 3301(c) of the Divorce Code was filed on December 20, 2000. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. A-L C et-? Helen M. McCurdy Date: L (to 10F C7 Q ter:, - . pt, _ r 1 tx't cr, ROBERT L. MCCURDY, JR, Plaintiff V. HELEN M. MCCURDY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-8730 CIVIL ACTION-LAW IN DIVORCE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Helen M. McCurdy Date: Z kc> t o y Cr ? C rri ' LiJ i t3 t' _' ? .J J r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT L. McCURDY, JR. Plaintiff V. HELEN M. McCURDY, Defendant : NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCE/CUSTODY AFFIDAVIT OF ACCEPTANCE OF SERVICE BY APPEARANCE PURSUANT TO Pa. R.C.P. 1930.4Q) 1. Plaintiff, Robert L. McCurdy filed a Complaint in Divorce and Custody on December 20, 2000 in the above referenced docket. 2. Defendant, Helen M. McCurdy, filed a Petition to Enjoin the Removal, Transfer or Alienation of Marital Property and a Petition for Special Relief on January 8, 2001. The petitions were filed under the above referenced docket. 3. Defendant and Plaintiff appeared before Judge Guido at a hearing on January 18, 2001 and an interim custody order was entered by agreement of the parties. The order was filed on January 19, 2001 in the above referenced docket. 4. Pennsylvania Rule of Civil Procedure §1920.4 states that a "defendant may accept service of the complaint as provided by Rule 1930.4" which provides: "regardless of the method of service, a party who appears for the hearing or conference will be deemed to have been served." 5. Defendant, Helen M. McCurdy, appeared at the January 18, 2001 hearing before Judge Guido and therefore has been served as required. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 41,n CA ? Robert L. McCurdy, Jr., Def ndant ;-? f: ? .. <', ..p^? ?.?-T_t ?? ?c r ? ,r ,? ' t ?.-? ? ~ . ?,.,7 ... _ ? J. Paul Helvy, Esquire I.D. No. 53148 Audrey L. Buglione Attorney I.D. No. 206587 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) phelvy@mwn.com Attorneys for Plaintiff ROBERT L. MCCURDY, JR, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 00-8730 HELEN M. MCCURDY, : CIVIL ACTION-LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Pursuant to Pa.R.C.P. 1930.4(1) via Defendant's appearance at hearing on January 18, 2001. See Affidavit of Acceptance of Service by Appearance attached hereto. I Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: January 10, 2008; by Defendant: February 10, 2008. Plaintiffs Affidavit was filed on January 30, 2008. Defendant's Affidavit was filed on February 15, 2008. 4. Related claims pending: NIA 5. Plaintiffs Waiver of Notice was filed on January 30, 2008. Defendant's Waiver of Notice was filed on February 15, 2008. MCNEES WALLACE & NURICK LLC By 3. Paul Hel y I.D. No. 53148 Audrey L. Buglione I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Date: February 28, 2008 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Transmit was served by first-class mail upon the following: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Je fer L. Kee Para egal Dated: February 28, 2008 ("? ^--? ? t?J _ ` ? ? T ?7 ?_ ?-; ._ . rt"` ?. ?- _' -- x M1 ? ...?) E"?"3 - .. :;?'? ? C,a? ?' IN THE COURT OF COMMON PLEAS ROBERT L. MCCURDY, JR. PLAINTIFF VERSUS HELEN M. MCCURDY DEFENDANT DECREE IN DIVORCE AND NOW, I vD , IT IS ORDERED AND DECREED THAT ROBERT L. MCCURDY, JR. AND OF CUMBERLAND COUNTY STATE OF PENNA. N 0. 2000-8730 HELEN M. MCCURDY ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE PROTHONOTARY 0 McNees Wallace & Nurick LLC By: J. Paul Helvy Attorney I.D. No. 53148 Audrey Buglione Attorney I.D. No. 206587 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff/Petitioner ROBERT L. McCURDY, JR. Plaintiff/Petitioner V. HELEN M. McCURDY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCE/CUSTODY PETITION FOR SPECIAL RELIEF TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW, comes the Plaintiff/Petitioner, Robert. L. McCurdy, Jr., by his attorneys, McNees Wallace & Nurick LLC, and respectfully states the following: 1. The Petitioner is Robert L. McCurdy, Jr., an adult individual residing at 5 Walnut Bottom Road, Shippensburg, PA 17257. 2. The Respondent is Helen M. McCurdy, an adult individual residing at 1650 Rittner Highway, Shippensburg, PA 17257. 3. Petitioner and Respondent are formerly Husband and Wife, having been married on September 28, 1989, and having been divorced on March 5, 2008. A true and correct copy of the Divorce Decree is attached hereto and marked Exhibit "A." 4. The parties are the joint owners of the former marital residence consisting of a house and lot and all improvements thereupon situated at 1650 Rittner Highway, Shippensburg, Cumberland County, Pennsylvania (the "marital residence"). 5. The former marital residence is currently encumbered by a PNC mortgage with an approximate balance of $11,890.45. 6. The former marital residence is or was previously encumbered by an M&T Home Equity Line of Credit ("HELOC"). 7. The parties are also the joint owners of a timeshare in Florida. 8. On December 12, 2007, the parties executed a Marital Settlement Agreement ("Agreement"), a true and correct copy of which is attached hereto and marked Exhibit "B." 9. Paragraph 5.2 of the parties' Marital Settlement Agreement requires Respondent to obtain a release of personal liability of Petitioner for the PNC mortgage encumbering the martial residence within 180 days of the date of the Agreement. The original Agreement had provided Respondent with 90 days; however, by handwritten alteration prior to execution of the Agreement, Respondent changed the period to 180 days and Petitioner consented. 10. Paragraph 5.3 of the parties' Marital Settlement Agreement requires Respondent to obtain a release of personal liability of Petitioner for the M&T HELOC within 90 days of the date of the Agreement. 11. Per the terms of paragraphs 5.2 and 5.3 of the Agreement, Respondent agreed to be fully responsible for and to indemnify and hold Petitioner harmless from any and all liability for the PNC mortgage and M&T HELOC. 12. Paragraph 5.5 of the parties' Marital Settlement Agreement requires Respondent to provide Petitioner with the necessary documents to transfer his interest in 2 the parties' Florida timeshare to Petitioner within 90 days of the date of the Marital Settlement Agreement. 13. By letter dated March 18, 2008, counsel for Petitioner notified counsel for Respondent that the 90-day period had passed for Respondent to fulfill her obligations regarding the HELOC and Florida timeshare. See copy of Petitioner's letter to Respondent, a copy of which is attached hereto to and marked Exhibit "C." 14. On April 8, 2008, counsel for Petitioner telephoned counsel for Respondent to inquire as to whether or not Respondent had taken the appropriate action to fulfill her obligations under Paragraph 5.3 and 5.5 of the Agreement. Respondent's counsel stated that he had forwarded Petitioner's letter to Respondent, but had not heard from her. 15. On April 30, 2008, counsel for Petitioner again called counsel for Respondent, but as of the date of filing Petitioner has received no response from Respondent. 16. On May 1, 2008, Petitioner learned that the former marital residence had been listed for Sheriffs sale to take place on June 11, 2008 for failure of Respondent to pay the PNC mortgage obligation. See Cumberland County webpage listing of June 2008 Real Estate Sales attached hereto as Exhibit T." 17. Although by the terms of paragraph 5.2 of the parties' Agreement Respondent has until June 10, 2008 to obtain a release of Petitioner's personal liability for the PNC mortgage, Petitioner believes and therefore avers that given Respondent's history of inaction, Respondent will fail to do so by then, resulting in the home's sale at the Sheriffs auction on June 11, 2008 and additional harm to Petitioner. 18. Petitioner believes and therefore avers that Respondent's failure to pay the PNC mortgage obligation and pending Sheriffs sale has had and will have a serious impact upon his personal credit rating. 3 19. Respondent's conduct as set forth herein is in breach of and in willful violation of the terms of the Marital Settlement Agreement dated December 12, 2007. 20. Paragraph 5.3 of the Marital Settlement Agreement states: "In the event that Wife is unable to obtain a release of Husband's liability for the M&T HELOC encumbering the marital resident within the 90 days of the date of the Marital Settlement Agreement, the marital residence shall immediately be listed for sale by a reputable real estate agent." 21. Paragraph 21 of the Agreement provides the parties the right to enforce the Agreement under the Divorce Code and retain any remedies in law or in equity as an independent contract. 22. 23 Pa. CSA § 3502(e) of the Divorce Code provides the Court with the power to enforce the terms of agreements entered into between the parties. 23. Petitioner has incurred reasonable legal fees in his effort to enforce the parties' Marital Settlement Agreement. 24. Petitioner believes and therefore avers that he will incur costs related to his efforts to restore his credit rating which has been harmed by Respondent's breach of the Agreement. 25. Paragraph 11 of the Marital Settlement Agreement provides that "[t]he non- breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the right of the non- breaching party." 26. By her failure to respond to Petitioner's requests, Respondent has refused to remedy the breaches as alleged. 4 WHEREFORE, Petitioner respectfully requests this Honorable Court Order Respondent to do the following: A. 1) Respondent shall provide Petitioner with documentation indicating that Petitioner has been released from personal liability for the PNC mortgage and M&T Home Equity Line of Credit within ten (10) days of the date of this Order. OR 2) Respondent shall immediately place the former marital residence for sale. B. Within ten (10) days of the date of this Order Respondent shall provide Petitioner with appropriate documentation to transfer his interest in the Florida timeshare to Respondent. C. Respondent shall pay Petitioner's reasonable attorneys fees, costs and expenses in connection with the enforcement of the Marital Settlement Agreement. D. Order such other relief as this Court deems appropriate. Respectfully submitted, MCNEESAALLACE & NURICK By J. Paul Healy Attorney I.D. No. 5 48 Audrey L. Buglione Attorney I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 / fi Attorneys for Plaintiff/Petitioner Date: // V 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY MAI .10 STATE OF j PENNA. r/ 4 ROBERT L. MCCURDY, JR. y, PLAINTIFF VERSUS HELEN M. MCCURDY DEFENDANT N 0. 2000-8730 DECREE IN DIVORCE March 5 AND NOW, DECREED THAT AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. 11:02 AM 2008 IT IS ORDERED AND , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE BY THE COURT: Edward E. Guido ATTEST: J Certified Copy Issued: March 5, 2008 PROTHONOTARY ROBERT L. MCCURDY, JR. HELEN M. MCCURDY MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this 10"- day of er , 2007, by and between ROBERT L. McCURDY, JR., 5 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), and HELEN M. McCURDY, 1650 Rittner Highway, Shippensburg, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 28, 1989 in Shippensburg, Pennsylvania, and are the parents of the following children: Child Brittany Alyese McCurdy Amanda Renee McCurdy Benjamin Robert McCurdy Date of Birth October 11, 1989 October 9, 1991 March 2, 1993 WHEREAS, the parties separated on December 25, 2000; and, WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and 12/8/05 valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Steven Howell, Esquire, for Wife, and J. Paul Helvy, Esquire, of McNees Wallace & Nurick LLC, for Husband. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights hereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the -2- f Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel 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 court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and -3- t liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Husband has filed an action for divorce in Cumberland County, Pennsylvania filed to No. 2002-8730. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this Agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for -4- Husband who will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. 5. EQUITABLE DISTRIBUTION. 5.1. Marital Residence. The parties acknowledge that they are the joint owners of that certain house and lot and all improvements thereupon situated at 1650 Riftner Highway, Shippensburg, Cumberland County, Pennsylvania (the "Marital Residence"). Upon Wife's refinancing of the PNC mortgage and the M & T Bank home equity line of credit ("M & T HELOC") encumbering the Marital Residence, said Marital Residence shall be transferred from the joint ownership of the parties to Wife by a Deed, and recorded by Wife in the Recorder of Deeds Office for Cumberland County, Pennsylvania. The parties agree and hereby confirm that upon Wife's refinancing of the PNC mortgage and M & T HELOC encumbering the Marital Residence, all right, title, claim and interest in and to the Marital Residence shall be transferred to Wife. Upon Wife's refinancing of the PNC mortgage and the M & T HELOC encumbering the Marital Residence, any and all homeowners policies, title policies and any other policy of insurance with respect to the Marital Residence shall be deemed to be endorsed to reflect Wife as sole owner thereof. The parties agree that upon Wife's refinancing of the PNC mortgage and the M & T HELOC encumbering the Marital Residence, Wife shall be entitled to receive any payments now or thereafter due under such insurance policies. As of the date of the execution of this Agreement, Wife shall keep Husband and his assigns, heirs, executors and administrators indemnified and held -5- harmless from any liability, cost or expense, including attorney's fees that may be incurred in connection with the Marital Residence. 5.2. PNC Mortgage on Marital Residence. PNC Bank holds a mortgage on the Marital Residence, which had a balance of $27,766.97 as of June 1, 2003. As of the date of the execution of this Agreement, Wife agrees to be fully responsible and to indemnify and hold Husband harmless from any and all liability for the PNC mortgage on the Marital Residence. Within 90 days of the date of this Agreement, Wife shall obtain a release of personal liability of Husband for the PNC mortgage encumbering the Marital Residence. In the event that Wife is unable to obtain a release of Husband's 180 liability for the PNC mortgage encumbering the Marital Residence within-W days of the date of this Agreement, the Marital Residence immediately shall be listed for sale by a reputable real estate agent at a price to be agreed upon by the parties or, in the absence of an agreement, price to be determined by the real estate agent. 5.3. M & T HELOC on Marital Residence. The parties have a line of credit with M & T Bank, formerly Allfirst Bank, that is secured by the equity in the Marital Residence ("M & T HELOC"), which had a balance of $13,338.65 as of June 1, 2003. As of the date of the execution of this Agreement, Wife agrees to be fully responsible and to indemnify and hold Husband harmless from any and all liability for the M & T HELOC on the Marital Residence. Within 90 days of the date of this Agreement, Wife shall obtain a release of personal liability of Husband for the M & T HELOC encumbering the Marital Residence. In the event that Wife is unable to obtain a release of Husband's liability for the M & T HELOC encumbering the Marital Residence within Gharije acc.eff OA 8A -6- 90 days of the date of the Agreement, the Marital Residence immediately shall be listed for sale by a reputable real estate agent at a price to be agreed upon by the parties or, in the absence of an agreement, price to be determined by the real estate agent. 5.4. Contents of Marital Residence, Contents of Husband's Residence and Other Personal Property. 5.4.1. Husband shall and does hereby set over, transfer and assign to Wife all of his right, title, claim and interest in and to all of the contents of the Marital Residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in the Marital Residence as well as other jewelry and personal property in Wife's possession as of the date of this Agreement. 5.4.2. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title, claim and interest in and to all of the contents of Husband's residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in said residence, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 5.5. Florida Timeshare. The parties acknowledge that they purchased a timeshare in Florida in 1990 for $7,500. Husband does hereby set over, transfer and assign to Wife any and all of his right, title, claim and interest in and to the Florida -7- timeshare. As of the date of the execution of this Agreement, Wife shall keep Husband and his assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees that may be incurred in connection with the Florida timeshare. Wife shall be responsible for providing Husband with the necessary documents to transfer his interest is said Timeshare to wife within 90 day of the date of this agreement. Husband shall execute said documents and return them to wife within 30 days of receipt thereof. 5.6. Husband's Retirement Benefits. The parties acknowledge that Husband is entitled to pension benefits from the Public School Employees' Retirement System ("PSERS") and the Keystone District Council of Carpenters Pension Fund. Wife hereby specifically releases any and all interest, claim or right that she may have to any and all of Husband's retirement benefits, including, but not limited to Husband's PSERS pension and Husband's Keystone Carpenters pension, or other similar benefits of Husband. Wife further acknowledges and agrees to execute any documents pursuant to ERISA, as amended, or any similar Act that may be required from time to time to accomplish the purposes of this Paragraph. 5.7. Wife's Retirement Benefits. The parties acknowledge that Wife is entitled to pension benefits due to her employment with Highmark. Husband hereby specifically releases any and all interest, claim or right that he may have to any and all of Wife's retirement benefits, including but not limited to Wife's Highmark pension, or other similar benefits of Wife. Husband further acknowledges and agrees to execute -8- any documents pursuant to ERISA, as amended, or any similar Act that may be required from time to time to accomplish the purposes of this Paragraph. 5.8 Husband's Horace Mann Tax Deferred Annuity Contract No. 0506934160. The parties acknowledge that Husband has a tax-deferred annuity contract with Horace Mann. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to all or any portion of Husband's annuity with Horace Mann. 5.9. 1987 Dodge Van. The parties acknowledge that they are the owners of a 1987 Dodge Van, which is titled in Husband's name. The parties agree that the van shall be put up for sale for a price mutually agreed upon by the parties. If the parties are unable to sell the van privately within six (6) months from the date of the signing of this Agreement, the parties shall sell the van to a reputable car dealership. All net proceeds from the sale shall be divided evenly between the parties. The parties agree to execute any and all documents necessary to effectuate the provisions of this Paragraph. 5.10. Cemetery Plots and Headstone. The parties acknowledge that they are the owners of two plots at Spring Hill Cemetery, and a headstone located at said plot. Husband has hereby set over, transfers and assigns to Wife any of his right, title, claim and interest in and to the cemetery plots and headstone. 5.11. Outstanding Debt. Wife agrees that she will be responsible for all outstanding medical bills and costs for herself and the children incurred prior to the execution of this Agreement, and shall keep Husband, his assigns, heirs, executors and -9- administrators indemnified and held harmless from any liability, cost or expense including attorneys' fees that may be incurred in connection with any outstanding medical fees and costs. In addition, Wife agrees that she shall be solely responsible for any taxes incurred as a result of the ownership of the Marital Residence and shall keep Husband and his assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including attorneys' fees that may be incurred in connection with said taxes. 5.12. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5.13. Property of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. -10- , 5.14. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.15. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to -11- r save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. For calendar year 2005, unless otherwise agreed, each party shall report the year 2005 earnings on the assets distributed to them on their respective federal, state and local tax returns for 2005. 5.16. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur the liability, and each party agrees to pay the liability as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.17. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by -12- Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.18. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.19. Warranty as to Future Obligations. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts that provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. -13- 5.20. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 6. RELEASE OF SUPPORT AND ALIMONY; ACKNOWLEDGMENT OF ADEQUACY. The parties hereto acknowledge that by this Agreement they have each -14- respectively secured sufficient financial resources to provide for his or her owrt comfort, maintenance and support. The parties do hereby acknowledge that the cost of living may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims that they may now have or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 7. COUNSEL FEES, COSTS ANb EXPENSES. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses, and neither shall seek any contribution thereto from the other party except as otherwise expressly provided herein. 8. WAIVER OF INHERITANCE RIGHTS. Effective upon the execution of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of -15- r , the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights that said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 9. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 10. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 11. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 12. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. -16- 13. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Robert L. McCurdy, Jr. 5 Walnut Bottom Road Shippensburg, PA 17257 and to Wife, if made or addressed to the following: Helen M. McCurdy 1650 Rittner Highway Shippensburg, PA 17257 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this Paragraph. 14. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 16. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the -17- terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 17. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 18. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 19. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 20. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to -18- effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 21. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ITNE Helen M. McCurdy, Wife L PY,wi 0- Vl?-2 A C4 WITN SS Robert L. McCurdy, r., Husband -19- COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared HELEN M. McCURDY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /'D day of 2007. /- Notary Public Notarial Seal Dallas F. Kirk, Notary Public F-ismpden Twp., Cumbertac it County My Commission Expires June 7, 2008 F; nnsyivar.'a ?1s5o is"± 0; N-.ta,i n CAI(Xhi? P y 5?2 .? 1so (g?? -20- COMMONWEALTH OF PENNSYLVANIA COUNTY OF 0(kMbP-r ? OM BEFORE ME, the undersigned authority, on this day personally appeared ROBERT L. McCURDY, JR., known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _D? day of lea??, 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL LDEBORAH WARREN, (titary Public sburg Twp., Cumberland Couety missio x . Nav. 8, 2009 A f? Afz) dop -21- A V/V McNees Wallace & Nurick LLC attorneys at law AUDREY L. BUGLIONE DIRECT DIAL: (717) 237-5240 DIRECT FAX: (717) 260-1656 E-MAIL ADDRESS: ABUGLIONE@MWN.COM March 18, 2008 VIA FIRST CLASS MAIL Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Re: Robert L. McCurdy, Jr. v. Helen M. McCurdy Dear Steve: On December 12, 2007, the Martial Settlement Agreement in the above action was executed. As part of the terms of the Agreement, Ms. McCurdy is to obtain a release of Mr. McCurdy's personal liability for the M&T home equity line of credit which encumbers the marital residence. The parties agreed that this would be completed within ninety days of the date of the execution of the Agreement. Please send me documentation indicating that either the home equity line of credit has been satisfied and closed, or that Ms. McCurdy has refinanced the debt into her own name. In addition to the home equity line of credit, the parties had agreed that the Florida timeshare would remain the sole property of Ms. McCurdy. Ms. McCurdy is to provide my client with the necessary documents to transfer his interest in the timeshare to her within ninety days of the date of execution of the Agreement. Mr. McCurdy is prepared to execute and return these documents to you upon receipt of them. Please forward them to me as soon as possible. Thank you for your attention to this matter. Very truly yours, McNEES WALLACE & NURICK LLC 0 udtjj, A By 7& Audrey L. Buglione ALB/cmj cc: Robert L. McCurdy, Jr. P.O. Box 1166. 100 PINE STREET • HARRISBURG, PA 17108-1166 • TEL: 717.232.8000 • FAX: 717.237.5300 • WWW.MWN.COM COLUMBUS, OH • STATE COLLEGE, PA • LANCASTER, PA • HAZLETON, PA • WASHINGTON, DC Pagel of 8 I A • Our Commissioners June 2008 Real Estate Sale • Administration &_Row Sale Docket Property Off ices No. No. Address Caption Judgement Status • Assessment & Taxes HSBC Bank USA, National • Courts & Judicial Association Information 2007- 204 N. 2nd St. • Health & Human 01 6262 Wormleysburg VS $83,892.97 - Services Neil J. Lerch, Sr. and Christy M. Lerch • Public Safety • Agriculture, 2007_ 639 Cedar Ridge Suntrust Mortgage, Inc. Development & 02 5978 Lane VS $124,233.80 - Planning Mechanicsburg Rhody K. Ross • Economic Sovereign Bank Development 03 2007- Lot 1 t lstown VS • Libre System 6062 e Mark E. Yohe and Jennifer $178,055.47 - • Departments & Newville R. YOhe Offices GMAC Mortgage LLC • Courthouse webCam 2007- 26 Limekiln Road VS • Calendar of Events 04 6122 Carlisle Greg A. Minnier and $194,637.04 - • Home Sandra L. Minnier 304 E. Louther U.S. Bank National 05 2007_ Street Association as Trustee - $34,965.29 5610 Carlisle Rhett L. Hefelfinger 2006- 220 Pine School Suntrust Mortgage, Inc. Advanced search 06 Road VS $72,564.74 - 2163 Gardners Ricky L. Peck 215 Bosler Deutsche Bank National 07 2007_ Avenue Trust Company $113,290.91 - 6180 Lemoyne Robert EV Frank, III 2007- 3 Farmhouse Bank of New York 08 3697 Lane VS $510,953.01 - Carlisle Ryan J. Rich GMAC Mortgage 09 2006- 73 S. High St. Corporation 6427 Newville $92,286.87 Stayed Bradley A. Mills and Cathy J. Mills 309 Walnut Deutsche Bank National 10 2006_ Street Trust Company - $197,629.01 6663 Boiling Springs S Craig EMorris 11 2007- 619 Hummel Ave. GMAC Mortgage LLC - 5652 Lemoyne $88,783.17 Jeffrey A. Grdjan n 2007- 268 Carlisle Ave. Citifinancial Services, Inc. http://www.ccpa.net/cumberland/cwp/view.asp?A=1148&Q=554123 5/2/2008 CCPA: June 2008 Real Estate Sale CCPA: June 2008 Real Estate Sale Page 2 of 8 12 5899 ?Enola VS Charles J. Smeigh $32,828.60 - Countrywide Home Loans, 13 2007- 155 S. Enola Dr. Inc. VS $62,862.73 - 1510 Enola Eric J. Blaschak and Stacy M. Blaschak South Point Inc. _ 141 1/2 North 14 6094 Bedford St. Joseph B. Rotondo and $58,964.56 - Carlisle Connie E. Rotondo Wells Fargo Bank, National Association 15 2007- 235 Bobcat Road VS $961345.31 - 6653 Carlisle Dominic J. Oliveri and Sonya H. Oliveri a/k/a Sonya Oliveri Deutsche Bank National 2007- 120 Emerson Trust Company 16 5440 Drive VS $130,940.41 - Carlisle Maxine E. Metzger and Donald L. Metzger 1401 Lowther The Bank of New York 17 2007_ Road Trust Company, N.A. $182,037.54 - 6049 Camp Hill V R. Willis James U.S. Bank National Association 18 2007- 114 North Pitt St. VS 213.25 $91 - 6361 Carlisle Robert Drew a.k.a. Robert , J. Drew and Nellie M. Drew a.k.a Nellie Drew 1999- 125 Cambridge Bank United 19 740 Dr. VS $91,765.25 - Mechanicsburg Brian G. Shade 1949 Monterey Deutsche Bank National 20 2006- Drive Trust Company $754 860.65 - 6159 Mechanicsburg , Jeannie Mohmand 443 Factory Mortgage Electronic 21 2006- Street Registration Systems, Inc. $56 749.43 - 1239 Carlisle , Lourene L. Fahnestock EMC Mortgage 2001- 707 Barbara Corporation 22 1084 Street VS $102,018.05 - New Cumberland William T. Ott, Jr. and Kelly A. Ott US Bank, N.A. 2007_ 3 Meadow Ridge VS Timothy Davis a.k.a 23 5981 Drive Timothy M. Davis and $146,349.58 - Shippensburg Mindy Davis a.k.a Mindy L. Davis I I ? ? -I FBank of New York as I F n http://www.ccpa.net/cumberland/cwp/view.asp?A=1148&Q=554123 5/2/2008 CCPA: June 2008 Real Estate Sale Page 3 of 8 Trustee 2006- 334 Greason VS James S. Wrightstone 24 4980 Road a.k.a James S. $95,405.18 - Carlisle Wrightsone and Ginger L. Walker The Bank of New York 2007- 266 Susquehanna Trust Company 25 Ave. VS $83,160.62 - 2492 Enola Naomi L. Valdez a.k.a Naomi L. Martin Citimortgage, Inc. s.b.m to Principal Residential 26 2007- 712 Erford Road Mortgage Inc. $74,784.05 - 4696 Camp Hill VS ]alai M. Shah, Hamid J. Shah and Saqib J. Shah Indymac Bank, F.S.B. 2007- 2627 Walnut VS 27 70662 2 Bottom Road Jay R. Gensimore and Jill $84,472.90 - Carlisle L. Gensimore Deutsche Bank National 28 2007- 3 Woodland Drive Trust Company $143,618.94 - 6635 Newville VS James A. Salisbury, II The Bank of New York 29 2007- 342 Airport Rd. VS Douglas E. Shaffner a.k.a $122,845.85 - 6850 Shippensburg Douglas Shaffner and Ellen B. Shaffner 1 1 _j l Countrywide Home Loans, 30 2007- 231 Lincoln St. Inc. VS $55 211.78 - 7255 Enola Eric J. Blaschak and , Stacey Blaschak Household Finance Consumer Discount 31 2007- 451 D Street Company $ Stayed 7299 Carlisle VS Michael A. Wiles and 1 1 1 Sherry L. Wiles JP Morgan Chase Bank as 32 2006- 46 Warwick Circle Trustee 498.81 $158 - 5815 Mechanicsburg Vs , Christopher D. Lauver Option One Mortgage 2003- 135 E. Penn St. Corporation 33 1253 Carlisle $ Stayed Nathaniel Q. Wilkinson and Tammy Wilkinson 455 Hunters Deutsche Bank Trust Co. 34 - 2007 6874 Road VS Scott W. Finkenbinder & $113,800.95 - Newville Stephanie Finkenbinder Credit Based Asset Servicing and http://www.ccpa.net/cumberland/cwp/view.asp?A=1148&Q=554123 5/2/2008 CCPA: June 2008 Real Estate Sale Page 4 of 8 Securitization LLC 2007- 298 McAllister VS 35 Church Rd. Leroy M. Pomraning, $321,760.54 Stayed 7436 Carlisle Dorothy R. Pomraning and Keith Pomraning Deutsche Bank Trust Co. Americas f.k.a Banker's Trust Co. 36 2007- 406 Roxbury Rd. VS $145,924.19 - 6315 Newville Gerald Laughman a.k.a Gerald E. Laughman and Marta Laughman a.k.a Marta I. Laughman PNC Mortgage 15 Rehobeth Corporation of America 37 1996- Road VS $53,210.61 - 6801 Shippensburg Kelly R. Hockenberry & Sandra L. Hockenberry Citimortgage Inc. 38 2007- 623 Glendale St. VS $279,724.97 Stayed 7399 Carlisle Max G. Manwaring and 1 Janet B. Manwaring 1 39 2008- 307 Brandy Lane Citimortgage Inc. VS $177,697.20 - 176 Mechanicsburg Joseph B. Kapp, Jr. Mortgage Electronic 2006- 1451 Ryland Registration Systems, Inc. 40 6373 Drive VS $ Stayed Mechanicsburg William J. Ragni and Michelle L. Ragni LaSalle Bank National 2002- 513 Spring Run Association 41 1892 Drive VS $211,832.73 - Mechanicsburg Roger L. Drake and Tami L. Hare Drake 32 E. Locust Deutsche Bank National 42 2007- Street Trust Company $173,535.22 - 25 Mechanicsburg Kathy M. Yinger 2006- 204 Hummel Ave. Washington Mutual Bank 43 5089 Lemoyne VS $124,134.21 - Jimmie B. Naugle Deutsche Bank National 2007- 152 W. Middlesex Trust Company 44 7762 Dr. VS $ Stayed Carlisle Mirsad Mustafic and Sena Mustafic 45 2007- 319 Charles Road PNC Bank VS $16,054.00 - 5720 Mechanicsburg Mark E. Collins 2007- 444 State Road Novastar Mortgage Inc. 46 6073 West Fairview VS $64,279.68 - Rose Marie Williams The Bank of New YOrk VS http://www.ccpa.net/cumberland/cwp/view.asp?A=1148&Q=554123 5/2/2008 CCPA: June 2008 Real Estate Sale Page 5 of 8 Earl Lesniak, individually 47 2007- 17 George Circle and all known surviving $175,772.68 - 4178 Mechanicsburg heirs of Earl Lesniak, deceased Nationstar Mortgage LLC 2007_ 6996 Wertzville VS 48 7598 Road Richard L. Barr and Ann $111,968.61 - Mechanicsburg D. Barr Wells Fargo Bank, N.A. 49 002 863 Burnt House Road S $ Stayed 5 Geib and Michael D Carlisle Brenda L. Geib Centric Bank N.A. f.k.a Vartan National Bank 50 2007- 931 Willcliff Drive VS $60,000.00 - 6202 Mechanicsburg Stanislaw Z. Sudol and Malgorzata Sudol U.S. Bank, N.A. 51 2006- 2300 Market St. VS $100,777.74 - 6595 Camp Hill Helen J. Myers Chase Home Finance LLC 52 2007- 32 Hope Terrace VS $109,091.76 Stayed 6188 Carlisle Thomas S. Pedersen and Donna K. Pedersen 304 Chestnut Indymac Bank, F.S.B. 53 2007- Circle VS $211,090.37 - 7220 Shippensburg Cory A. Dick Deutsche Bank National 107 W. Butler Trust Company 54 2007- Street VS $121,147.00 - 6811 Mt. Holly Springs Patrick T. Straka and Stephanie M. Straka 55 2007- 31 Market St. Midfirst Bank Vs $ Stayed 6837 Wormleysburg Jill Richardson Washington Mutual Bank, 56 2006- 427 W. Main St. VA $104,878.22 - 3246 Mechanicsburg VS Robert W. Moretz, Jr. GMAC Mortgage 57 2007- 95 Wagner St. VS $162,661.37 - 7438 Carlisle Joseph E. Clark and Theresa M. Clark American General Financial Services, Inc. 58 2007- 152 S. Enola Dr. VS Wayne A. Mittermeir, real $87,620.83 - 6636 Enola owner and Pauline Mittermeir and Melvin Stackpole, Occupants Countrywide Home Loans 2007- 007 343 S. Sporting Inc. 59 5371 Hill Rd. $141,216.33 - Mechanicsburg Christine Garvin a.k.a. Christine Weaver and http://www.ccpa.neVcumberland/cwp/view.asp?A=1148&Q=554123 5/2/2008 CCPA: June 2008 Real Estate Sale Page 6of8 U U Patrick Weaver 432 Fairground The Washington Savings 60 2007- Ave. Bank, F.S.B. $39,969.24 - 5579 Carlisle Virginia Adams M &T Bank VS 61 2007- 307 E. Marble St. Frederick M. Eshelman, $125,616.51 - 5860 Mechanicsburg Jr. a.k.a Frederick Mark Eshleman, Jr. and Becky S. Eshleman 15 N. Middlesex Wells Fargo Bank, N.A. 62 2007- 7117 Rd. VS Ryan Rich a.k.a. Ryan J. $95,675.18 - Carlisle Rich JP Morgan Chase Bank 63 2008- 111 Maple Drive VS $198,979.18 - 341 Mechanicsburg Bonnie Kimble-Gordon and Adam Gordon GMAC Mortgage 64 2002- 6015 Eberly Dr. Corporation VS $74,103.11 - 5238 Mechanicsburg Joseph A. Miller and Maribel Miller State Farm Bank, F.S.B. 65 2006- 440 Factory St. VS $41,186.06 - 7100 Carlisle Lester E. Spidle a.k.a. Lester Eugene Spidle ABN Amro Mortgage 66 2007- 118 Wesley Dr. Group, Inc. 348.22 $97 - 2352 Mechanicsburg VS , Randall W. Keller US Bank National 67 2008- 331 C Street Association $141,158.80 - 397 Carlisle VS Dawn M. Shughart 2007- 1227 Bridge St. Wells Fargo Bank, N.A. 68 5694 New Cumberland VS $47,993.49 - Brian T. Prosser 2007- 809 Flintlock Bank of New York 69 1908 Ridge Rd. VS $144,854.38 Stayed Mechanicsburg Margaret B. Young Suntrust Mortgage, Inc. 70 2008- 18 Scrafford St. VS Michael J. Baum a.k.a. $153 542.94 - 41 Shippensburg Michael J. Baum, Jr. and , Bobbi J. Baum Deutsche Bank National 2007- 57 Tabor Rd. Trust Company 71 696 Newburg $66,304.93 - Joseph A. Rohm and Anna M. Rohm PNC Bank, National 7 F 1650 Ritner Association $11,890.45 - 2007- Highway VS http://www.ccpa.net/cumberland/cwp/view.asp?A=1148&Q=554123 5/2/2008 CCPA: June 2008 Real Estate Sale Page 7 of 8 U 7426 Shippensburg Robert L. McCurdy Jr. and Helen M. McCurdy 1175 Fleming Aurora Loan Services, LLC 73 7637 Drive 890.41 $323 - Mechanicsburg James R. Brannan and , John J. Haughney 93 Parsonage Wells Fargo Bank 74 2007- 2424 Street VS Jeff J. Salisbury and $106,298.35 - Newville Elizabeth A. Garvin Deutsche Bank National 2007- 1215 Indian Peg Trust Company 75 2475 Rd. VS $121,264.73 - Mechanicsburg Estate of Michael L. Garrett, deceased JP Morgan Chase Bank 76 2007- 7 N. High Street $57 119.87 - 2424 Newville Gary C. Negley , Indymac Bank, F.S.B. 77 2007- 17 Cardinal Drive VS 099.62 $239 - 7482 Carlisle Gerald Fair and Margaret , A. Fair 824 West Keller Deutsche Bank National 78 2007- St Trust Company $124 450.29 - 6338 Mechanicsburg V , Andrew JSemic, Sr. The Bank of New York 79 2008- 54 E. Louther St. Trust Company, N.A. 126.78 $71 Stayed 439 Carlisle VS , Zelda M. Barnes Deutsche Bank National 2006- 211 2nd St Trust Company, as 80 5378 . Summerdale Trustee $76,918.11 - VS Richard G. Moyer Bank of New York as 81 2008- 901 Bridge St. Trustee 918 $86 31 - 578 New Cumberland VS , . Conrad B. Holzer Chase Home Finance LLC s.b.m. to Chase 2007- 5585 Barbara Dr Manhattan Mortgage 82 7407 . Mechanicsburg Corporation $227,544.24 - VS Joseph E. Connolly a.k.a. Joseph Edward Connolly 2007- 21 E. Shady Lane GMAC Mortgage, LLC 83 7437 Enola VS $74,111.53 - Edward R. Knisley Wells Fargo Home Mortgage Inc. f.k.a. 84 2007- 7 East Beale Ave. Norwest Mortgage, Inc. $75 796 63 - 7668 Enola VS , . Brian K. Landis and Lisa L A. Landis http://www.ccpa.net/cumberland/cwp/view.asp?A=1148&Q=554123 5/2/2008 CCPA: June 2008 Real Estate Sale Page 8 of 8 Wells Fargo Financial 2007- 1620 Valley Road Pennsylvania Inc. 31 785 106 - 85 7469 Mechanicsburg VS $ , . Eric Paul Johnson Mutual Bank Washingto 86 2007- 296 Old Stone House Rd. v $269,295.61 - 6820 Carlisle James L. Miller and Stephanie L. Miller r Content Last Modified on 4/29/2008 11:47:32 AM CCPA Home Back Printable Version Text-Only Full-Screen Previous Home I Site map I View as Text Only 1 Courthouse Square, Carlisle, PA 17013 Hours: M-F 8:00 AM - 4:30 PM Carlisle 717-240-6100 Toll Free 1-888-697-0371 webmaster@ccpa.net Priv cy icy .11 :' Smart I?+! ?m 1 ers w..+Mr4, Copyright ® 2002 Cumberland County. All Rights Reserved. ¦ ,¦lC{?1~IOM3G iDEVELOPMENT http://www.ccpa.net/cumberland/ewp/view.asp?A=1148&Q=554123 5/2/2008 yERiCATION I hereby verify that the statements of fact nwdc In the foregoing document are true and Correct to the best of my knowledge, informatioo 4nd belief. I understand that any false statements therein are subject to the penaltles cOWAincd in 18 Pa.C.S.A. §4904, relating to auworn falsification to and itles. r Az Ze,?'A?C Robert McCurdy Dated: May 2, 2008 A CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 B nd Williams, Legal Secretary Dated: 5- 0 1- 2.O O 2 t. C`> y'l _F . .Q R Y I ? wa os ?o?,, ROBERT L. McCURDY, JR. Plaintiff/Petitioner V. HELEN M. McCURDY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCE/CUSTODY Q,,.y RULE TO SHOW CAUSE AND NOW, this 7 * day of /V_, 2008, upon consideration of the foregoing Petition, a Rule is entered upon Respondent, HELEN M. MCCURDY, to show cause why the prayer stated below should not be granted. A. 1) Respondent shall provide Petitioner with documentation indicating that Petitioner has been released from personal liability for the PNC mortgage and M&T Home Equity Line of Credit within ten (10) days of the date of this Order OR 2) Respondent shall immediately place the former marital residence for sale. B. Within ten (10) days of the date of this Order Respondent shall provide Petitioner with appropriate documentation to transfer his interest in the Florida timeshare to Respondent. C. Respondent shall pay Petitioner's reasonable attorneys fees, costs and expenses in connection with the enforcement of the Marital Settlement Agreement. D. Other relief as this Court deems appropriate. Rule returnable within al-b days from the date of Y THE COU J. p ro, VaCV-700 ?Itfj ItUA s3ljo? - O b f s NN3d ',qlN 'ltI kSNN3d - IN OR 'S :01 NV 6- IN OOOI 30 MVj0 0H.V3dd 3Hi 30 alu 30E 0-0314 Ouz ROBERT L. McCURDY, JR. IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2000 - 8730 HELEN M. McCURDY, DEFENDANT CIVIL ACTION - LAW (DIVORCE) ANSWER WITH NEW MATTER TO PETITION FOR SPECIAL RELIEF TO ENFORCE MARITAL SETTLEMENT AGREEMENT To: Robert L. McCurdy, Jr. c/o Audrey L. Buglione, Esquire McNees, Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 ANSWER TO PETITION 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED. 5. DENIED. Defendant incorporates by reference her New Matter as though fully set forth in response to this paragraph. 6. ADMITTED. Defendant incorporates by reference her New Matter as though fully set forth in response to this paragraph. 7. ADMITTED. 8. ADMITTED. 9. ADMITTED THAT PARAGRAPH 5.2 SPEAKS FOR ITSELF. Defendant incorporates by reference her New Matter as though fully set forth in response to this paragraph. 10. ADMITTED THAT PARAGRAPH 5.3 SPEAKS FOR ITSELF. Defendant incorporates by reference her New Matter as though fully set forth in response to this paragraph. 11. ADMITTED. 12. ADMITTED THAT PARAGRAPH 5.5 SPEAKS FOR ITSELF. Defendant incorporates by reference her New Matter as though fully set forth in response to this paragraph. 13. ADMITTED. 14. ADMITTED. 15. ADMITTED. 16. DENIED AS STATED. Defendant is without information to know how Plaintiff learned of the PNC mortgage issue. Defendant incorporates by reference her New Matter as though fully set forth in response to this paragraph. It is ADMITTED that the property was previously scheduled for a real estate sale but this has been stayed following the payment of monies by the Defendant to the mortgage holder. 17. DENIED. Defendant incorporates by reference her New Matter as though fully set forth in response to this paragraph. 18. DENIED AS STATED. Defendant has cured the default with PNC bank. Defendant incorporates by reference her New Matter as though fully set forth in response to this paragraph. NEW MATTER 19. Defendant has cured the default on the PNC Mortgage by paying $3,743.39 on May 28, 2008 as shown on Exhibit "A". A letter confirming these arrangements from counsel for PNC is attached hereto as Exhibit "B". 20. Defendant has applied to refinance the PNC Mortgage and an appraiser will be visiting the real estate on Saturday, May 31, 2008. 21. Under the Marital Settlement Agreement at Paragraph 5.2 the Defendant had 180 days from December 10, 2007 to refinance the PNC Mortgage. The 180 days expires on June 8, 2008 so Plaintiff s Petition is premature on this issue. 22. Defendant has been informed that the refinancing of the PNC Mortgage which will remove the Plaintiff from all liability will occur on or about June 15, 2008. 23. Defendant shall provide the documents necessary to transfer the timeshare from Plaintiff to Defendant within the next forty five (45) days, however, Plaintiff has suffered no harm by the delay as there is no debt due on the timeshare and Defendant was awarded the timeshare as her sole and separate property under Paragraph 5.5 of the Marital Settlement Agreement. 24. After curing the default on May 28, 2008 the outstanding balance owed PNC Bank is approximately $4,993.00. 25. The M & T Bank HELOC was charged off by the lender upon Defendant's successful Chapter 7 Bankruptcy Petition and Discharge Order dated January 25, 2005 as shown on Exhibit "C". WHEREFORE, Defendant respectfully requests that Plaintiff's requested relief be DENIED as all matters should be resolved within the next few weeks. Respectfully submitted, BY: (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below one true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure Audrey L. Buglione, Esquire McNees, Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 BY: Ste Howell, E quire Date: May 30, 2008 619 Bridge Street New Cumberland, PA 17070 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities BY: U LL Qt --YA - Y r l0- (1,J? Helen M. McCurdy Date: May 29, 2008 P E m IZD TUCKER I ARENSBERG Attorneys May 2, 2008 Helen M. McCurdy 1650 Ritner Highway Shippensburg, PA 17257 Michael C. Mazack 412.594.5506 mmazack@tuckerlaw.com Re: PNC Bank, National Association vs. Robert L. McCurdy, Jr. and Helen M. McCurdy Account No. 40-1-11712296 Property Address: 1650 Rittner Highway, Shippensburg, Pennsylvania 17257 Dear Ms. McCurdy: This office represents PNC Bank, National Association in the above referenced matter. Pursuant to your request, below is the amount necessary to reinstate the above-referenced account with PNC Bank through the April, 2008 payment. The next regular payment would due on May 22, 2008. Past Due Payments $ 0.00 Bank Costs 225.00 Cost of Foreclosure 2,378.89 Attorneys Fees 1,015.00 Sheriffs Poundage Fees (2% of amount realized on Writ of Execution issued at Cumberland County Case No. 07-7426) 12-4 Total Past Due -tr3 743.39 Payment of the total past due amount must be delivered to my attention at the Pittsburgh address listed below in the form of a cashier's check or certified check made payable to "PNC Bank" before the Bank will stop their foreclosure proceedings. Please be advised that PNC Bank will proceed with the foreclosure sale of the above-referenced property on June 11, 2008 unless and until the above-amount has been paid in full or other arrangements have been worked out with PNC Bank. After payment of the above-referenced amount has been delivered, please contact Eric Rudczinski at 1-800-878-0027, extension 86554 as part of the reinstatement process. If you have any questions, please contact me at (412) 594-5506. Thank you for your attention to this matter. THIS LETTER IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Very truly yours, Tucker Arensberg, P.C. te, !U' Michael C. Mazack d cc: Judy Fox V J TJ` ")s ?? ; n i? re BANK_FIN:324951-1 000011-134344 EXHIBIT ?. ()/1 (? ?i (tk ?'1 Tucker Arensberg, P.C. 1500 One PPG Pla m 412.566.1212 f. 412.594.5619 www.tuckerlaw.com 111 N. Front Street P. O. B E m 8 p. 717.234.4121 f. 717.232.6802 Form B18 (Official Form 18)(12/03) United States Bankruptcy Court Middle District of Pennsylvania Case No. 1:04-bk-05674-MDF Chapter 7 In re: Debtor(s) (name(s) used by the debtor(s) in the last 6 years, including married, maiden, trade, and address): Helen Margaret McCurdy PO Box 373 Enola, PA 17025 Social Security No.: xxx-xx-4267 Employer's Tax I.D. No.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11, United States Code, (the Bankruptcy Code). BY THE COURT Dated: 1/25/05 United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. EXHIBIT C E m FORM B18 continued (7/97) EXPLANATION OF BANKRUPTCY DISCHARGE IN A CHAPTER 7 CASE This court order grants a discharge to the person named as the debtor. It is not a dismissal of the case and it does not determine how much money, if any, the trustee will pay to creditors. Collection of Discharged Debts Prohibited The discharge prohibits any attempt to collect from the debtor a debt that has been discharged. For example, a creditor is not permitted to contact a debtor by mail, phone, or otherwise, to file or continue a lawsuit, to attach wages or other property, or to take any other action to collect a discharged debt from the debtor. [In a case involving community property.] [There are also special rules that protect certain community property owned by the debtor's spouse, even if that spouse did not file a bankruptcy case.] A creditor who violates this order can be required to pay damages and attorney's fees to the debtor. However, a creditor may have the right to enforce a valid lien, such as a mortgage or security interest, against the debtor's property after the bankruptcy, if that lien was not avoided or eliminated in the bankruptcy case. Also, a debtor may voluntarily pay any debt that has been discharged. Debts That are Discharged The chapter 7 discharge order eliminates a debtor's legal obligation to pay a debt that is discharged. Most, but not all, types of debts are discharged if the debt existed on the date the bankruptcy case was filed. (If this case was begun under a different chapter of the Bankruptcy Code and converted to chapter 7, the discharge applies to debts owed when the bankruptcy case was converted.) Debts that are Not Discharged Some of the common types of debts which are nQt discharged in a chapter 7 bankruptcy case are: a. Debts for most taxes; b. Debts that are in the nature of alimony, maintenance, or support; c. Debts for most student loans; d. Debts for most fines, penalties, forfeitures, or criminal restitution obligations; e. Debts for personal injuries or death caused by the debtor's operation of a motor vehicle while intoxicated; f. Some debts which were not properly listed by the debtor; g. Debts that the bankruptcy court specifically has decided or will decide in this bankruptcy case are not discharged; h. Debts for which the debtor has given up the discharge protections by signing a reaffirmation agreement in compliance with the Bankruptcy Code requirements for reaffirmation of debts. This information is only a general summary of the bankruptcy discharge. There are exceptions to these general rules. Because the law is complicated, you may want to consult an attorney to determine the exact effect of the discharge in this case. C.I + •a r-, CD } McNees Wallace & Nurick LLC By: J. Paul Helvy Attorney I.D. No. 53148 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for PlaintifflPetitioner ROBERT L. McCURDY, JR. Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HELEN M. McCURDY, Defendant/Respondent NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCE/CUSTODY PLAINTIFF"S PETITION FOR HEARING AND NOW, comes the Plaintiff/Petitioner, Robert. L. McCurdy, Jr., by and through his counsel, McNees Wallace & Nurick LLC, and petitions this Court to schedule a hearing in this matter and grant the requested relief, and in support thereof avers as follows: 1. On May 5, 2008, Petitioner Robert L. McCurdy, Jr., filed a Petition for Special Relief to Enforce Marital Settlement Agreement. This Petition was filed due to Respondent's failure to comply with her obligations under the Marital Settlement Agreement entered into on December 12, 2007, as follows: A. M&T Home Equity Line of Credit: Respondent failed to obtain a release of personal liability of Petitioner for the M&T Home Equity Line of Credit ("M&T HELOC) within 90 days of the date of the Agreement as required by Paragraph 5.3 of the parties' Marital Settlement Agreement. The terms of the Agreement established that if Respondent failed to obtain a release of Petitioner's liability for the M&T HELOC within that time period that the marital residence shall immediately be listed for sale. B. Timeshare: Respondent failed to provide Petitioner with the necessary documents to transfer Petitioner's interest in the parties' Florida timeshare to Respondent within 90 days of the date of the Marital Settlement Agreement as set forth in Paragraph 5.5 of the Agreement. C. PNC Mortgage: Respondent failed to satisfy her obligations relating to the PNC Mortgage against the former marital residence. Pursuant to the Martial Settlement Agreement, Respondent retained control of the residence and agreed to be fully responsible for and to indemnify and hold Petitioner harmless from any and all liability associated therewith, including for the PNC Mortgage. Paragraph 5.2 of the parties' Marital Settlement Agreement required Respondent to obtain a release of personal liability of Petitioner for the PNC mortgage encumbering the martial residence within 180 days of the date of the Agreement. Although 180 days had not yet passed at the time that the Petition was filed, Petitioner had learned that the residence had been listed for Sheriffs sale due to Respondent's failure to pay the PNC mortgage obligation. This action would have resulted in serious consequences for Petitioner as he remained a joint owner of the residence and was still listed on the debt associated with the home. 2) Based on Respondent's failure to abide by the terms of the Marital Settlement Agreement, the Petition requested the following relief: A. 1) Respondent shall provide Petitioner with documentation indicating that Petitioner has been released from personal liability for the PNC mortgage and M&T Home Equity Line of Credit within ten (10) days of the date of this Order. OR 2 2) Respondent shall immediately place the former marital residence for sale. B. Within ten (10) days of the date of this Order Respondent shall provide Petitioner with appropriate documentation to transfer his interest in the Florida timeshare to Respondent. C. Respondent shall pay Petitioner's reasonable attorneys fees, costs and expenses in connection with the enforcement of the Marital Settlement Agreement. D. Order such other relief as this Court deems appropriate. 3. A Rule To Show Cause was issued by the Honorable Edward E. Guido on May 9, 2008. 4. On May 30, 2008, Respondent filed an Answer with New Matter to the Petition. Respondent's Answer failed to respond to the averments raised in paragraphs 19 through 26 of the Petition. Instead, Respondent listed New Matter in Paragraphs 19 through 25 giving status updates on the outstanding matters as follows: A. M>&T Home Equity Line of Credit: Respondent stated that this debt was charged off by the lender upon Respondent's Chapter 7 Bankruptcy Petition and Discharge Order dated January 25, 2005. B. Timeshare: Respondent stated that the documents necessary to transfer the timeshare would be provided within 45 days and that Petitioner would suffer no harm from the delay. C. PNC Mortgage: Respondent stated that the default that would have resulted in the Sherriff s sale had been cured and that Respondent had applied to refinance the mortgage which would occur on or about June 15, 2008. 3 5. Since the Petition and Answer were filed, the following events have occurred: A. On August 7, 2008, Respondent's counsel sent a screenshot of an Installment Loan Detail from PNC Bank relating to the Mortgage showing a zero balance. B. By way of correspondence dated August 14, 2008, Petitioner's counsel requested the satisfaction statement for the PNC Mortgage and the deeds transferring ownership of the timeshare and the former marital residence. Petitioner's counsel made clear that Petitioner would not execute the deed transferring ownership of the timeshare to Respondent until such time as all financial responsibility relating to the timeshare, including outstanding debt, was assumed by Respondent. C. On August 27, 2008, Respondent's counsel forwarded the deeds transferring ownership of the former marital residence and the timeshare and the same screenshot of the Installment Loan Detail from PNC Bank. Respondent's counsel failed to provide documentation evidencing that the PNC Mortgage was satisfied or that the liability and debt associated with the timeshare had or would be assumed by Respondent. D. No additional correspondence or documentation has been received from Respondent since August 27, 2008. E. In or around November 2008, Petitioner reviewed a personal credit report which revealed that the M&T HELOC was still listed as an outstanding debt for which he could be liable. F. In an effort to finalize the outstanding matter relating to the PNC Mortgage, on November 24, 2008, Petitioner's counsel contacted the Cumberland County Recorder of Deeds and confirmed that the PNC Mortgage was satisfied on August 5, 2008. 4 G. Also in November 2008, Petitioner's counsel contacted the timeshare company to confirm that the liability for the timeshare was assumed by Respondent. Petitioner's counsel learned that the timeshare was being foreclosed upon due to Respondent's failure to pay the outstanding debt and maintenance fees as was required by the Marital Settlement Agreement. The timeshare company also confirmed that Petitioner could not be removed as an owner until the outstanding debt of $2,232.17 was paid in full. H. By way of letter dated December 2, 2008, Petitioner's counsel informed Respondent's counsel again of the various outstanding matters and of the pending foreclosure on the timeshare and requested written confirmation that the timeshare debt has been satisfied by December 9, 2008. To date, no response has been received from Respondent's counsel. 6. The issues originally raised in Plaintiffs Petition for Special Relief to Enforce Marital Settlement Agreement remain outstanding and are ripe to be heard by this Court. 7. Time is now of the essence due to the pending foreclosure action relating to the jointly owned timeshare, and the adverse consequences that said foreclosure can have on Petitioner's credit score and rating. 8. Petitioner has continued to incur reasonable legal fees in his efforts to enforce the terms of the parties' Marital Settlement Agreement and due to Respondent's consistent inaction. 9. This matter has previously been assigned to the Honorable Edward E. Guido. 5 10. On December 29, 2008 Respondent's counsel was contacted regarding this Petition and he stated that he concurs with having a hearing set on Plaintiffs Petition for Special Relief to Enforce Marital Settlement Agreement and Respondent's Answer and New Matter thereto. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter an Order scheduling a hearing on Plaintiff's Petition for Special Relief to Enforce Marital Settlement Agreement and Respondent's Answer and New Matter thereto, and to enter an Order granting the following relief: A) 1) Within ten (10) days of the date of this Order, Respondent shall provide Petitioner with documentation confirming: a. that Petitioner has been released from any and all personal liability for the M&T Home Equity Line of Credit and that any reference to said debt has been removed from Petitioner's credit report; and b. that Respondent has satisfied all outstanding debt associated with the jointly held timeshare, that the foreclosure action against said property has been terminated, and that the timeshare has been transferred into Respondent's name alone. OR 2) Respondent shall cooperate in immediately placing the former marital residence for sale and the proceeds of said sale shall be used to satisfy the outstanding M&T Home Equity Line of Credit and the balance due and owing on the timeshare, and the timeshare shall then be listed for sale or deeded back to the timeshare company. 6 B) Respondent shall pay Petitioner's reasonable attorneys fees, costs and expenses incurred in connection with the enforcement of the Marital Settlement Agreement and as a result of Respondent's inaction; and C) Such other relief as this Court deems appropriate. Respectfully submitted, MCNEES WALLACE & NURICK LLC By 4 J. P Helv Aft ey I.D. No. 53 8 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff/Petitioner 7 VERIFICATION I I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A..§4904, relating to unsworn 9 falsification to authorities. Ad'I Robert L. McCurdy, Jr. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Lynn Lowe, Legal Secretary Dated: U 31 ?D? <3 JAN 0 6 20%7 ROBERT L. McCURDY, JR. Plaintiff/Petitioner V. HELEN M. McCURDY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCE/CUSTODY ORDER SCHEDULING HEARING 7 ay of , 2009, upon consideration of the AND NOW, this d V-- W foregoing Petition, a hearing on Plaintiffs Petition for Special Relief to Enforce Marital Settlement Agreement and Respondent's Answer and New Matter thereto is scheduled for ?!? ( , 2009, at/&-* 30 a.m.4x*. in Courtroom of the Cumberland County Courthouse. J. DlWb?utllon: C? heryl B. Krentzman, Esquire, McNees Wallace & Nurick, LLC, 330 Innovation Boulevard, Suite 301, State College, PA 16803, (814) 867-8500; (814) 867-6200 (fax); ckrentzmanO-)mwn.com ? Steven Howell, Esquire, 619 Bridge Street, New Cumberland, PA 17070, (717) 770-1277 (26P-es, t ,, k ROBERT L. McCURDY, JR. PLAINTIFF VS. HELEN M. McCURDY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 - 8730 : CIVIL ACTION - LAW (DIVORCE) MOTION FOR A CONTINUANCE AND ISSUANCE OF A RULE FOR WITHDRAWAL BY DEFENDANT'S COUNSEL On January 7, 2009 the Honorable Edward E. Guido issued an Order scheduling a hearing on Plaintiff s Petition for Special Relief to Enforce Marital Settlement Agreement for February 6, 2009 at 10:30 AM. See Exhibit "A". 2. On Friday, January 9, 2009 Defendant's counsel received the January 7`h Order and forwarded the Order and Petition to his client via U.S. Priority Mail with Delivery Confirmation. Proof of Delivery upon Defendant is attached hereto as Exhibit B". 3. On Friday, January 2, 2009 Defendant's counsel had forwarded the underlying Petition (prior to the execution of the January 7th Order) to his client via U.S. Priority Mail with Delivery Confirmation. Proof of Delivery upon Defendant is attached hereto as Exhibit "C". 4. On January 2, 2009 Defendant's counsel wrote a letter to his client concerning the Petition for Special Relief. 5. On January 15th, 16th and 21St Defendant's counsel placed telephone calls and left messages with his client on her work and cell phone asking her to return his calls and respond to the documents sent via the U.S. Mail. 6. As of January 21, 2009 no response has been received from his client. 7. Defense counsel cannot adequately represent Ms. McCurdy's interest if she does not cooperate or respond. 8. Aside from this issue, Attorney Howell has a conflict with a prior scheduled matter. 9. Attorney Howell is also scheduled for a lengthy proceeding before the Honorable Todd A. Hoover in Dauphin County at 9:00 AM on February 6, 2009 as set forth on Exhibit "D'. This proceeding has already been postponed once due to the unavailability of Dr. Stanley Schneider to testify on December 30, 2008. 10. Attorney Howell is also scheduled for a proceeding in Perry County Domestic Relations for February 6, 2009 commencing at 2:00 PM as set forth on Exhibit "E". 11. It is impossible for Attorney Howell to appear in Cumberland County or Perry County if the hearing in Dauphin County runs into the early afternoon. 12. A copy of this Motion was faxed to Attorney Cheryl B. Krentzman on January 21, 2009 with a request to concur by January 22, 2009 at Noon. Attorney Krentzman's entire response is attached as Exhibit "F" and it is incorporated by reference as though fully set forth. It would appear Attorney Krentzman concurs with Counsel's request to withdraw but objects to "having this matter continued for any substantial period of time". Her letter demands that the following language appear in ¶12: While we do not object to counsel's request to withdraw, we strongly object and will not concur to having this matter continued for any substantial period of time. Defendant's refusal to communicate with her counsel is simply another example of her ongoing patter of conduct that has placed Plaintiff in the untenable position in which he currently finds himself. Defendant should not be permitted to benefit from this continued behavior at Plaintiffs expense. Respectfully submitted, BY: Stev Howell, Esquire well Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below one true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure Cheryl B. Krentzman, Esquire McNees, Wallace & Nurick LLC P.O. Box 1166 Harrisburg, PA 17108-1166 B' Date: January 22, 2009 ROBERT L. McCURDY, JR. Plaintiff/Petitioner V. HELEN M. McCURDY, Defendant/Respondent JAN 0 6 200 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,-PENNSYLVANIA NO. 2000-8730 CIVIL ACTION - LAW. IN DIVORCE/CUSTODY ORDER SCHEDULING HEARING AND NOW, this ( day of 2009, upon consideration of the foregoing Petition, a hearing on Plaintiff's Petition for Special Relief to Enforce Marital Settlement Agreement and Respondent's Answer and New Matter thereto is scheduled for. ?+ , 2Q09, of a.m**. in Courtroom: of the Cumberland County,Courthouse. J. ? +.. , _ aka , 1 (.,,! T' my hark r4 UN baid cariisw, P& daft GLN? Distribution: Cheryl B. Krentzman, Esquire, McNees Wallace & Nurick, LLC, 330 Innovation Boulevard, Suite 301, State College, PA 16803, (814) 867-8500; (814) 867-6200 (fax); ckrentzmanamwn.com 4q at Steven Howell, Esquire, 619 Bridge Street, New Cumberland, PA 17070, (717) 770-1277 USPS - Track & Confirm Page 1 of 1 * Home I HAW Track & Confirm Track & Confirm Smirch Ri Ift Label/Receipt Number: 03Q8 0730,P000 6071 4193 Tr k& codkol Associated Label/Receipt: Detailed Results: Enter Label/Receipt Number. • Delivered, January 10, 2009,10:09 am, SHIPPENSBURG, PA 17257 • Arrival at Unit, January 10, 2009, 6:33 am, SHIPPENSBURG, PA 17257 • Processed, January 10, 2009, 12:21 am, HARRISBURG, PA 17107 • Acceptance, January 09, 2009, 2:37 pm, NEW CUMBERLAND, PA 17070 N9rfi?'i'r9ii0M I(?i0p6 _- Track & Confirm by email Get current event information or updates for your item sent to you or others by email. r?rs Site Mao contact Us Forms Gov't Servi ces 191M Privacy policy Terms of Use National & Pr emier Ac counts CopyrightO 1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA b=. rrev . .r .n tta ri•.a» pvigIAN-1*1 tklesKeigt IffG re and DeIMeiY tye9 slwtpd a -11a 'aw 13 POSTAL M Pow Keep .M0*t. For at C3 Here tamik M1 rLUbl8?,9i orcM 1 222- 1i o ? JqH `?z g ?. httD://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelDetail-do 1/22/2009 USPS - Track & Confirm Page 1 of 1 Track & Confirm LabeVReceipt Number: 0308 0730 0000 6071 4179 0 T Associated Label/Receipt: Detailed Results: ? Enter Label/Reoeipt Number. • Delivered, January 03, 2009,12:46 pm, SHIPPENSBURG, PA 17257 ? • Arrival at Unit, January 03, 2009, 4:48 am, SHIPPENSBURG, PA O 17257 0 • Acceptance, January 02, 2009,11:34 am, NEW CUMBERLAND, PA 17070 tdac?r --, Rrgf?ra i9v fll.e???> ?I1111i1 i??tid1M1R Track 8r Confirm by email Get current event information or updates for your item sent to you or others by email. 80 f? Site Mao Contact Us Forms Govt Services &U Privacy Policy Terms of Use National & Premier Accounts 3're:&! iri?.^r3ww= fti9?ratire ?T:rr Copyrightm 1999-2007 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA i4; ,ra39ia»'trw,; I%ser0*11 k. M1 ?d: $MI +6a vMd bMoir anNMl? ra podw o o ±,llil??4 PWAL Keep this me For {9y lbcees'tYlterrltMlBb ftat l° ..ww?w:Iu4oe,oom a iI C3 or http://trkcnfrml -smi.usps.com/PTSIntemetWeb/InterLabelDetail.do 1/22/2009 CRAIG CLEWELL, IN THE COURT OF COMMO ASr' -n m Plaintiff DAUPHIN COUNTY, PENNSA?NIf?? =cn o >C.1 3.DCDo VS. .NO: 268 CV 2004` -- CHANTEL REDENSKY, Defendant CIVIL ACTION -CUSTODY ORDER OF COURT AND NOW, this ?ay of December 2008, the Court hereby reschedules the Hearing from December 30; 2008 to February 6, 2009 at 9:00 a.m., to be held in Courtroom #5, located on the Third Floor of the Dauphin County Courthouse. BY' THE COURT: Todd A. Hoover, fudge i hereb nth a true a0ta i'ect apy-of he` IgiA?ti . filed. r = 1. =T - >w 1= I Protho - Distribution: ......... John J. Connelly, Jr., Esquire James, Smith, Dietterick & Connelly, LLP, P.O. Box 650, Hershey, Pa 17033 Steven Howell, Esquire Howell Law Firm, 619 Bridge Street, New Cumberland, Pa 17070 In the Court of Common Pleas of PERRY County, Pennsylvania DOMESTIC RELATIONS SECTION KELLY J. KON ) Docket Number DR 08-00329 Plaintiff ) VS. ) PACSES Case Number 675110506 PETER M. KON ) Defendant ) Other State ID Number v i m yr %.v n i- rr. v You, PETER M. KON 21 SOUTHVIEW CIR, SHERMANS DALE, PA. 17090-8053-21 ?-- 4Zn rn are ordered to appear at PERRY CO DOMESTIC RELATIONS z CENTER SQUARE, RHINESMITH HOTEL BLDG, NEW BLOOMFIELD, PA. 17068-0159 before a conference officer of the Domestic Relations Section, on the A:Q9. at 2' 1 00t ` fora conference, after which the conference officer may recommend that an order be entered. This date replaces the prior conference date of JANUARY 19, 2009 You am finiher required to bring to the conference. 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the imeme Stftmew and die appropriate Empem %Wmft, if > order, attaebed to this eaftVieted as required by Rtde 19 i E). 11 (e)-- 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses CERTIRMATRUE COPY Service Type M ? pl?tiffl?fendant of x Form CM-513 Rev. 1 Worker ID 50901 01/22/2009 10:43 FAX 717 237 5300 i?WN McNees Wallace & Nurick PLC ;1"Iorfleys ul law 16002/002 UO-RYI (f KRPNUMAN LmrcT DIAL: (614) 867.8500 DraL•CT FAX: (614) 6G7-6200 E-MAIL Aviwtiss: CKRENTZMAN4MM.eoM January 22, 2009 Stevan Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 (Fax No. 717-770-12781 Re: Robert L. McCurdy, Jr. v. Helen M. McCurdy Dear Attorney Howell: VIA FACSIMILE AND FIRST CLASS MAIL I have received your letter of January 21, 2009 enclosing the Motion that you intend to file and seeking our concurrence. Our response is as follows and should be set forth verbatim at Paragraph 12: 12. A copy of this Motion was faxed to Attorney Cheryl B. Krentzman on January 21, 2009 with a request to concur by January 22, 2009 at Noon. Attorney Krentzman's response was as follows: "While we do not object to counsel's request to withdraw, we strongly object and will not concur to having this matter continued for any substantial period of time. Defendant's refusal to communicate with her counsel is simply another example of her ongoing pattern of conduct that has placed Plaintiff in the untenable position in which he currently finds himself. Defendant should not be permitted to benefit from this continued behavior at Plaintiff's expense." Our concurrence to your request to withdraw is subject to the above language being included verbatim at Paragraph 12. If you would like the above language sent to you electronically, pleas: contact my secretary Jeanne at (717) 237-5478. Very truly yours, McNECS WALLACE & NURICK LLC By Cheryl B_ Krentzman CBKljmb GG: Robert McCurdy 0. Bk:x 1156 - 10(T PIN STRI.13- • f IAY.HV.11k; F+o. PA 171DS-1166 • Ti-t.: 717.232.8000 - {'n)(.: 717.237.5300 • vv n,.a?aa.r:i)4? ..... ....... .._ _..... .............. .......... . .............................................. ....... ,........ _..........,.... .. Cc;i..or?,+!:;, (BFI • ?t7rr. Ct?;.Lr.rt:, PA • !_AW`.AnM.n, F'A • HAZLETON, PA • ?,, x.? -?? `?. "x' -? ? ? ? - w?. .a;... _. { _ _ ? A,,, J J '? f w? +?w. w:?, ?} JAN 2 6 20096, ROBERT L. McCURDY, JR. IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2000 - 8730 HELEN M. McCURDY, DEFENDANT CIVIL ACTION - LAW (DIVORCE) ORDER OF COURT !'4` AND NOW, thisa7 day of January 2009 it is hereby ORDERED that: (1) the_iearing scheduled for February 6, 2009 is hereby continued to 2009 at !b A M. in Courtroom Number 3 of the Cumberland County Courthouse; and (2) a rule is issued upon the Defendant Helen M. McCurdy to show cause if any she might have why the Motion to Withdraw should not be granted. Rule returnable within fQ days of service by postage prepaid, first class United States Mail upon the Defendant. The Honorable Edward E. Guido Ce ified Copies To: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 -/ Cheryl B. Krentzman, Esquire McNees, Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 ./ Helen M. McCurdy 1650 Rittner Highway Shippensburg, PA 17257 i2c 01;3 t LSCL I Y?2810-F 3 ..--3 LU .:i ci- LL. 63 N ROBERT L. McCURDY, JR. IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2000 - 8730 HELEN M. McCURDY, DEFENDANT CIVIL ACTION - LAW (DIVORCE) AMENDED ANSWER TO PETITION FOR SPECIAL RELIEF TO ENFORCE MARITAL SETTLEMENT AGREEMENT To: Robert L. McCurdy, Jr. c/o Cheryl B. Krentzman, Esquire McNees, Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 The original Petition for Special Relief served by Plaintiff s counsel on or about May 2, 2008 did not contain ¶19 - ¶26 (which appear on a single page in their entirety immediately prior to the prayer for relief bearing the signature page for Plaintiff's counsel). This is why Defendant's Answer with New Matter started her New Matter at ¶19 because it appeared that Plaintiff's Petition ended at ¶18. Upon review of Plaintiff's Petition for Hearing at ¶4 it became apparent that Plaintiff's original Petition contained an additional page of 119 - ¶26. In order to correct this omission by Plaintiff, this Amended Answer responds to ¶19 - 126. Defendant incorporates by reference ¶19 - ¶25 of her New Matter filed May 30, 2008 as though fully set forth. 19. DENIED. Paragraph 19 is a conclusion of law to which no response is necessary. If a response were necessary, Defendant denies that her conduct has been a willful breach of the Marital Settlement Agreement. 20. ADMITTED THAT PARAGRAPH 5.3 SPEAKS FOR ITSELF. Defendant incorporates by reference her New Matter as though fully set forth in response to this paragraph. 21. ADMITTED THAT PARAGRAPH 21 SPEAKS FOR ITSELF. Defendant incorporates by reference her New Matter as though fully set forth in response to this paragraph. 22. ADMITTED. 23. DENIED AS STATED. Defendant is without information to what legal fees the Plaintiff has incurred. 24. DENIED AS STATED. Defendant is without information to what costs the Plaintiff has incurred or might incur in the future. 25. ADMITTED THAT PARAGRAPH 11 SPEAKS FOR ITSELF. Defendant incorporates by reference her New Matter as though fully set forth in response to this paragraph. 26. DENIED. Paragraph 26 is a conclusion of law to which no response is necessary. If a response were necessary, Defendant denies that her conduct has been a willful breach of the Marital Settlement Agreement. Respectfully submitted, BY: Stev owdil, Esquire well Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below one true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure Cheryl B. Krentzman, Esquire McNees, Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 BY: Date: February 23, 2009 VERIFICATION I/we verify that the statements made in the foregoing document are true and correct. I/we understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities BY: I 'A -k - Helen M. McCurdy Date: February 23, 2009 C) v I r"r7 'y W C.a C'? ^p+ 1'n )' f y ti ROBERT L. McCURDY, JR. Plaintiff V. HELEN M. McCURDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 23rd day of February, 2009, after conference with the parties, it is hereby ordered and directed as follows: 1. Wife shall secure documentation from M&T Bank confirming that husband has been released from any and all liability on the home equity loan. If it involves the payment of money to do so, she shall see that that is done. Wife shall also provide documentation that the M&T entry has been removed from husband's credit report. 2. Wife shall pay all sums due on the time share in Florida within 30 days of today's date. Husband shall then deed his interest in the time share to wife, and wife shall obtain documentation from the time share company confirming that husband has no further liability thereon. Hearing shall be held before this Court on Monday, March 30, 2009, at 11:00 a.m., to confirm that wife has followed our Order. Request for counsel fees are denied at this time. We will review that request if the Order has not been complied with by March 30. 0 : I I WV "i Z 03.E 6CIiL Cheryl B. Krentzman, Esquire McNees, Wallace & Nurick, LLC 330 Innovation Boulevard Suite 301 State College, PA 16803 Attorney for Plaintiff Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 Attorney for Defendant srs ROBERT L. McCURDY, JR. IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2000 - 8730 HELEN M. McCURDY, DEFENDANT CIVIL ACTION - LAW (DIVORCE) CERTIFICATE OF COMPLIANCE REGARDING FEBRUARY 23, 2009 ORDER 1. On February 23, 2009 the Honorable Edward E. Guido issued an Order attached hereto as Exhibit "A" which required the Defendant to accomplish two (2) tasks. 2. The Court's 2/23/09 Order required Defendant to pay off the M & T Home Equity Line of Credit (HELOC) by March 30, 2009. 3. This M & T Bank HELOC was paid off on March 26, 2009 at 12:47 PM as shown on a true and correct copy of an M & T Bank receipt attached hereto as Exhibit "B". The payoff sum of $2,043.99 is confirmed by Exhibit "C", a letter dated March 17, 2009 from M & T Bank. It should be noted that Defendant's counsel sent one (1) e-mail on 2/24/09, two (2) fax letters on 3/3/09 and 3/16/09 and a certified letter dated 3/17/09 to obtain this payoff number because the bank had charged off the loan in late 2004/early 2005. 4. The Court's 2/23/09 Order required the Defendant to pay off the time share balance by March 30, 2009. 5. The time share balance was paid off by an Official Check for $2,232.17 (Exhibit "D") which is the balance reflected on the time share statement (Exhibit "E") and the check was sent via U.S. Postal Service Express Mail as shown on Exhibit "F" on March 27, 2009. 6. Defendant's counsel has also written to M & T Bank requesting that the Plaintiff's credit report - if it contains any adverse reporting information regarding the M & T HELOC - be corrected to reflect that Defendant was responsible for repayment of the loan in accordance with the parties' property settlement agreement. A true and correct copy of this letter is attached as Exhibit "G". 7. A hearing is scheduled for March 30, 2009 at 11:00 AM, however, Defendant respectfully submits that there are no longer any outstanding issues and any hearing is unnecessary. 8. Plaintiffs counsel believes a hearing is still necessary. Respectfully submitted, BY: Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below one true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure Cheryl B. Krentzman, Esquire (Via Fax 814-867-6200) McNees, Wallace & Nurick LLC P.O. Box 1166 Harrisburg, PA 17108-1166 BY: Date: March 26, 2009 ROBERT L. McCURDY, JR. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-8730 CIVIL TERM HELEN M. McCURDY, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 23rd day of February, 2009, after conference with the parties, it is hereby ordered and directed as follows: 1. Wife.shall secure documentation from M&T Bank confirming that husband has been released from any and all liability on the home equity loan. If it involves the payment of money to do so, she shall see that that is done. Wife shall also provide documentation that the M&T entry has been removed from husband's credit report. 2. Wife shall pay all sums due on the time share in Florida within 30 days of today's date. Husband shall then deed his interest in the time share to wife, and wife shall obtain documentation from the time share company confirming that husband has no further liability thereon. Hearing shall be held before this Court on Monday, March 30, 2009, at 11:00 a.m., to confirm that wife has followed our Order. Request for counsel fees are denied at this time. We will review that request if the order has not been complied with by March 30. 5 _. rbij , By the Court,??ggy??p}. M'?? f, ! A 'y? #tt pia 1) d!d''{? 14i iti a 'Yel• k... . ? 41'4+? "N .. ;E1* 7?? / rA j& J. M&T ALLIL U1X?nstan?ding what irrvawr Summerdale Plaza Office If you have any questions, please call our Telephone Banking Center at 1-800-724-2445 Today's Date: Business Date: 03/26/2009 03/26/2009 Time: 12:47 PM Loan Payment - COF ****40620001 $2,043,99 6121 / 09 50 What's So Extraordinary? Visit www.mtb.com/fantasticplastic . W M&T Bank March 17, 2009 Steve Howell, Esquire Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 Loan Number: #109-001-92140620001 Mortgagors: _ Robert L. McCurdy and Helen M. McCurdy Location: 1650 Rittner Highway, Shippensburg, Pennsylvania Dear Attorney Howell: In regards to your letter dated March 16, 2009, the payoff balance on the above referenced account number is $2,043.99 good through March 31, 2009. The per diem is $0.24. Please remit certified funds to the following address: M&T Bank 1100 Wehrle Drive Ground Floor Williamsville, NY 14221 ATTN: Shari A. Sedor. Once the certified funds are received, M&T Bank will discharge the mortgage lien. Any further questions regarding this matter, please don't hesitate to call my office. Si/harni l , ed Bankruptcy Specialist (800) 338-4728 ext. 6553 05 9 0(? ?Coo JOUFACTURERS AND TRADERS TRUST CQMMY 423 NORTH ENOLA ROAD EENOLA, PA 17025 OFFICIAL CHECK rc 20002`5 C ' rera and Traders Trust Company M ry..14240 10-4/220 DATE I I PAY TO THE ORDER OF 1 Y f $ _ CUES MER RECEIPT - RETAIN FOR YOUR REC01 COPY - NOT NEGOTIABLE 40 2 20000461: 4700 20 L9 9 2604 711' r .ter •-??? i ?•+ : nn 1 11 401 ;jQvv MUNtto W8LL8Gt & NUNIUN IQJ004/004 VACATION RESORTS INTL Fox:321-458-6710 Nor 19 20CO 16:08 P.02 Plus ratam this portion with your.papmgnt _ lvmmff r WE , )ZI j ?! N R, 0604-a4 ,,, .... - ., ....,'-ttA?RT: "L: M1C'CIiR'D`Y.::[R. „ • • ' , i iS0 Rt Tl+l? lllilY ' M37? :. _....... gH (i8BE 0 P IAL ,I78Z7-t9767 Pkmm oh" bo my Masbsroft or, VWA g, a3a..1 ?{ . ACCT- - - - ?.; SIGNATURE ' I t?'C : L/1xiRRR7tl4?1.?':?6?7i1CH•.Ra'i?T";:?',`;. , .?: ?? _ . C /a Val PP +F; PRO; VUW BALANCE I . 44; f j 7{i ;0'9761-93 A9 IBQO't m,Ax'WYvg"mCE FEtE 546.483 , b+1- x=0it B9 itOov fliDrERTY TAX 49 67(' to ? ° : " . i '69P--0,3-4i C7 R0ti!1- REISERVEs aRr.S . r y .'' I lsE *DUE3 •V Qr1 RICIFIFT*** Dol Inquencl; d4 a AfWarg' I r 800 ' To he iQ eKpe f t;* the process 1 AQ of !#a?er pa wa t r R %*414 be • are to ; imc ude jfc?ff% Cc6unt nuxber wriLn your powaont d IncWde •th eebb" ?" t+ri?ti stwb In tho return vnve;top* p? dvi'd?d: **ill YO MAY,NDY PAY ON LIN% AT WUH.VRIR g.?GM $*a ' or ASSOSS ent Bi t'l fng Inquirial ptaase =on ict the :fes?ar 1•-BOO-Z9?-7713 OR t-984'-l5"- S do 0 4 v ' Yj1rj3nq/V is 060g; Weak 0; 843 2009 Are i'E vst Date; 06- ??? kg :1 :' : • . 7 ' • , ' ? . E, ?. l'ljl? HH 8 ?r PAYABLE TO7' ?F' "UDERDALE SBAC14 RBR7 '? ; ' ,. ? , . ?- RO VERT L MCCURrT JR 060, .41 ' PAYMEN-1 DU is ?3?} rs3i.1:7: : ups. EOLK ENOLA17POinnsylvania 4134870025 -0097 03/26/2009 (800)275-8777 01:04:21 PM Sol" Receipt Product Sale Unit Final Description Qty Price Price MERRITT ISLAND FL 32954 $17.50 Zone-5 Express Mail PO-Add Flat Rate 2.20 oz. Label N: EH259999724US Next Day Noon / Normal Delivery Signature Waived Issue PVI: $17.50 Total: $17.50 Paid by: Cash $20.00 Change Due: -$2.50 Order stamps at USPS.com/shop or call 1-800-Star?p24. 4o to USPS.com/clicknehip to print shipping labels with postage. For other information call 1-800-ASK-USPS. Bill: 1000302823082 Clerk: 01 All sales final on stamps and postage Refunds for guaranteed services only Thank you for your business x*xx*xxxx?**xx**x*****trxxx**xxxw**r?tcxrx* x*x,rx*?*xx,exx?r*xx*x*r?*rcx,e*?r?rc*?cx*xxx?r?*rc HELP US SERVE YOU BETTER Go to: http://gx.gallup.com/pos TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE YOUR OPINION COUNTS r?r?x?t?xxrxxxrrx*x?xr?xx?**r?*x:**xr?xxxxx?x?rx r?r?r*xx,r*xx*x***?c*?r,rr?xxx?rr?*?*rr**xxx?r**,?x Customer Copy HOWELL LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 March 26, 2009 Shari A. Sedor, Bankruptcy Specialist M&TBank P.O. Box 767 Buffalo, NY 14240-0767 Loan Number: 10000192140620001 Mortgagors: Robert L. McCurdy and Helen M. McCurdy Location: 1650 R.ittner Highway, Shippensburg, Pennsylvania Dear Ms. Sedor: I represent Helen M. McCurdy, who is divorced from Robert L. McCurdy. Please note for any reporting purposes to the major credit bureaus that under the parties' Property Settlement Agreement Helen M. McCurdy was solely responsible for repayment of the above referenced loan. Robert L. McCurdy was not responsible for the repayment of the above referenced loan by virtue of the parties' agreement. Please correct your reporting to the credit bureaus and reporting agencies to reflect this fact. SH/bth cc: Helen M. McCurdy 1650 Rittner Highway Shippensburg, PA 17257 Very truly yours, ?:) M ? r ? .n +'7 .. --,_! :m _ _?. ' ` ' ? p? ; i r i p ? , y ?? V...`.e ? ? ROBERT' L. McCURDY, JR., Plaintiff V. HELEN M. McCURDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 30th day of March, 2009, hearing in this matter is rescheduled to May 7, 2009, at 9:30 a.m. Pending said hearing, it is hereby ordered and directed as follows: 1. With regard to the M&T Home Equity Line of Credit, Wife shal l: (a) Make sure that the mortgage has been satisfied of record. (b) Request that M&T make appropriate reports with regard to the loan to the various credit reporting agencies. 2. With regard to the Florida timeshare, Wife shall: (a) Pay off all sums due. (b) Execute the appropriate documents so that the time share may be transferred to Wife alone. The issues to be addressed at the upcoming hearing shall be as follow s: (1) Wife's compliance with this order. (2) The issue of whether or not Husband is entitled to counsel fees and whether the fees claimed are reasonable and necessary in connection with the enforcement of his rights under the marital settlement. . Page 2 - Order of Court McCurdy v. McCurdy March 30, 2009 By the Court Edward E. Guido, J. " Cheryl B. Krentzman Esui McNees, Wallace & Nurickre 330 Innovation Boulevard Suite 301 State College, PA 16803 Attorney for Plaintiff ? Steven Howell, Esquire 619 Bridge Street New cumberland, PA 17070 Attorney for Defendant srs L.O f? t ES ? l c`l L I Al /oa./C-)? £S : l! WV Z- 80 6081 Jl fidl.C6, J.Wd ;Hi ?O ROBERT L. McCURDY, JR. IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2000 - 8730 HELEN M. McCURDY, DEFENDANT CIVIL ACTION - LAW (DIVORCE) CERTIFICATE OF COMPLIANCE REGARDING MARCH 30, 2009 ORDER 1. On March 30, 2009 the Honorable Edward E. Guido issued an Order which required the Defendant to accomplish three (3) tasks. 2. First, the Court's 3/30/09 Order required Defendant to "make sure that the mortgage [M & T Home Equity Line of Credit (HELOC)] has been satisfied of record." 3. On March 30, 2009, M & T Bank forwarded a Satisfaction Piece as shown on Exhibit "A" regarding the HELOC. See Exhibit "A". This Satisfaction Piece was faxed to Plaintiff's counsel on April 1, 2009. 4. Second, the Court's 3/30/09 Order required Defendant to "request that M & T make appropriate reports with regard to the loan to the various credit reporting agencies." 5. On March 30, 2009 Defendant's counsel forwarded a letter attached as Exhibit "B" to M & T Bank. Paragraph 2 of the letter states: Please note for reporting purposes to the major credit bureaus, under the parties' Property Settlement Agreement Helen M. McCurdy was solely responsible for repayment of the above referenced loan. Robert L. McCurdy was not responsible for the repayment of the above referenced loan by virtue of the parties' agreement. Please correct your reporting to the credit bureaus and reporting agencies to reflect this fact. 6. Finally, the Court's 3/30/09 Order required Defendant to "pay off all sums due" for the Florida timeshare and "execute the appropriate documents so that the time share may be transferred to Wife alone." 7. On April 1, 2009 the management company for the Florida timeshare confirmed in writing that "the account is paid in full" (Exhibit "C") and on April 13, 2009 the Quit Claim Deed from Husband to Wife was executed and recorded on April 28, 2009 (Exhibit "D"). 8. The monies to pay off the HELOC and Florida timeshare were all sent prior to the Court's March 30, 2009 hearing. Respectfully submitted, BY: Ste Howall, Esgitire owell Law Firm 619 Bridge Street New Cumberland, PA 17070 (717) 770-1277 Supreme Court ID 62063 Attorney for Defendant CERTIFICATE OF SERVICE I hereby certify that on the date set forth below one true and correct copy of the foregoing document was served upon the persons and in the manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure Cheryl B. Krentzman, Esquire (Via Fax 814-867-6200) McNees, Wallace & Nurick LLC P.O. Box 1166 Harrisburg, PA 17108-1166 BY: Date: May 5, 2009 Prepared By: Krystal L Duff, M&T BANK LIEN RELEASE DEPT 4TH FLOOR PO BOX 1288 BUFFALO, NY 14240.1288 1-800-724-2224 When Recorded Return To: LIEN RELEASE DEPARTMENT M&T BANK 4TH FLOOR PO BOX 1288 BUFFALO, NY 14240-1288 Parcel No. 39-12-0324.002 Satisfaction of Mortgage M&T BANK *10900192140620001 "MCCURDY" Cumberland, Pennsylvania Made this date March 30th, 2009 Name of Mortgagor: ROBERT L MCCURDY, JR AND HELEN M. MCCURDY Name of Original Mortgagee: ALLFIRST BANK Current Owner: MANUFACTURERS AND TRADERS TRUST COMPANY S/B/M TO ALLFIRST BANK who by signing below certifies that: The address of the Last Assignee is ONE FOUNTAIN PLAZA, 7TH FLOOR, BUFFALO, NY 14203 Date of Mortgage: 06/26/2000 Original Mortgage Debt: $25,600.00 Mortgage recorded on 08/04/2000 in the Office of the Recorder of Deeds of Cumberland County, State of Pennsylvania, in Book/Reel/Liber: 1630 Page/Folio: 861 as Instrument/Document: N/A Property Address: 1650 RITNER HWY, SHIPPENSBURG, PA 17257 in the Township of SOUTHAMPTON The undersigned hereby certifies that the debt secured by the above-mentioned Mortgage has been fully paid or otherwise discharged and that upon the recording hereof said Mortgage shall be and is hereby fully and forever satisfied and discharged. The undersigned hereby authorizes and empowers the recorder of said county to enter this satisfaction piece and to cause said mortgage to be satisfied of record. Witness the due execution hereof with the intent to be legally bound. *KLD*KLDMATB*03/30/2009 03:51:54 PM* MATB01 MATB000000000000O000198898* PACUMBE* 10900192140620001 PASTATE_MORT._REL *KLD*KLDMATB* = BMW A Satisfaction of Mortgage Page 2 of 2 MANUFACTURERS AND TRADERS TRUST COMPANY S/B/M TO ALLFIRST BANK On March 30th. 2009 By: - Courtney A. Milbra , Group Leader STATE OF New York COUNTY OF Erie On March 30th, 2009, before me, GLORIA J. DISHMAN, a Notary Public in and for Erle in the State of New York, personally appeared Courtney A. Milbrand, Group Leader of MANUFACTURERS AND TRADERS TRUST COMPANY S/B/M TO ALLFIRST BANK, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, GL RIA J. D AN GLORIA J. DISHMAN Notary Expires: 04/24/2010 Notary Public, State of New York yy y Qualltled in Erie Count My Commission Expires 04/24/ 16 (This area for notarial seal) *KLD*KLDMATB*03/30/2009 03:51:54 PM* MATB01 MATB0000000000000000198898* PACUMBE* 10900192140620001 PASTATE_MORT_REL *KLD*KLDMATB* HOWELL LAW FIRM 619 Bridge Street, New Cumberland, Pennsylvania 17070 Telephone 717-770-1277 Fax 717-770-1278 March 30, 2009 Shari A. Sedor, Bankruptcy Specialist M&TBank Ground Floor 1100 Wehrle Drive Williamsville, NY 14221 Loan Number: 10000192140620001 Mortgagors: Robert L. McCurdy and Helen M. McCurdy Location: 1650 Rittner Highway, Shippensburg, Pennsylvania Dear Ms. Sedor: I represent Helen M. McCurdy, who is divorced from Robert L. McCurdy. On March 26`h the above referenced loan was paid off in full. I respectfully request that you forward the Mortgage Satisfaction Piece for recording at the Cumberland County Recorder of Deeds Office as soon as possible. This must be accomplished no later than May 6, 2009. If this cannot be accomplished by this date please contact my office immediately. Please note for reporting purposes to the major credit bureaus, under the parties' Property Settlement Agreement Helen M. McCurdy was solely responsible for repayment of the above referenced loan. Robert L. McCurdy was not responsible for the repayment of the above referenced loan by virtue of the parties' agreement. Please correct your reporting to the credit bureaus and reporting agencies to reflect this fact. Very truly yours, SH/bth ven ell, Esquire cc: Helen M. McCurdy 1650 Rittner Highway Shippensburg, PA 17257 s Dtl?Btf g I ?M FAX Fort Lauderdale Beach Resort Inventory Control Dept. 333 S Tamlaml Trail Suite 260 Venice, FL 34255 FAX NO. :9412440239 Number of pages including cover: -3_ 01 2009 03:16PM P1 To: Steven Howell, Esq. FROM: Michele Gaudin FAX: 717-770-1278 FAX: 941-244-0239 PHONE: 717- - PHONE: 941-244-0242 SU McCurdy - F1-13R Unlt 609-24 DATE: April 1, 2049 Comments: Attorney Howell: mgaudinQcomcast.net I am attaching for your review and proposed quit Claim Deed and Statement of Account for this unit. The account is paid in full. The foreclosure attorneys have been notified to remove this account from further foreclosure proceedings. They will be issuing a dismissal and same will be forwarded to you upon receipt. I do not have your client's address so if you would kindly provide that I will insert it into the deed. If you have any questions, please do not hesitate to contact me. Michele s owl C 41?'ea? Amd? INVENTORY CONTROL DEPARTMENT 333 S Tamiami Trail, Suite 260, Venice, FL 34285 April 29, 2009 Steven Howell, Esq. Howell Law Firm 619 Bridge Street New Cumberland, PA 17070 Re: McCurdy v McCurdy Dear Attorney Howell: Enclosed please find original recorded deed giving your client, Helen M. McCurdy, sole ownership and responsibility for Unit 609-24 at Fort Lauderdale Beach Resort. A copy of this deed is being provided to the Resort to verify ownership. Please note that Mrs. McCurdy will now be fully responsible for all maintenance fees in connection with this unit. Please let me know if you need anything further. Very truly your, Miche e L. Gaudin Inventory Control Enclosure _ EXHIBti' O Phone: 941-244-0242/Fax: 941-244-0239/E-mail: mgaudin@comcast.net /0'1 PREPARED BY Gregory B. Taylor Gelch Taylor et al, P A. 350 East Las Olas Blvd. Suite 1440 Ft. Lauderdale, FL 33301 RETURN TO: Ft. Lauderdale Beach Resort 909 Breakers Avenue Ft. Lauderdale, FL 33304 QUIT-CLAIM DEED INSTR # 108569818 OR BK 46174 Pages 1564 - 1564 RECORDED 04/2810912:55:51 BROWARD COUNTY COMMISSION DOC STMP-D: $0.70 DEPUTY CLERK 2150 #1, 1 Pages THIS QUIT-CLAIM DEED, executed this _1??+"_ day of April, 2009 by ROBERT L. McCURDY, JR., whose address is 5 Walnut Bottom Road, Shippensburg, PA 17257, Grantor, to HELEN M. McCURDY, whose address is 1650 Ritner Hwy, Shippensburg, PA 17257, Grantee. WITNESSETH, that the said first party, for and in consideration of the sum of $10.00, in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quit- claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Broward, State of Florida, to-wit: Parcel ID #: 5042-01-GC-0270 Unit Week No. 24, in Condominium Parcel No. 609, of BREAKERS OF FORT LAUDERDALE, A CONDOMINIUM, formerly known as SUNRISE BREAKERS CONDOMINIUM, according to the Declaration of Condominium thereof, as recorded in Official Records Book 4619, Page 358, of the Public Records of Broward County, Florida, as amended, together with all of the appurtenances thereto, all according to the Declaration of Condominium and Exhibits thereto, as amended. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit of the said Grantee forever. IN WITNESS WHEREOF, Grantor has executed these presents in manner and form sufficient to bind Grantor as of the day and year first above written. B y: ROBERT L. MCCURDY, ., GRANTOR Signed sealed and delivered in presence of: Witness #1 Signature: Witness #2 Signature:C" Witness #1 Printed Name: L• V,,W A_ Witness #2 Printed Name: Lo, U'CA STATE OF ?641 "5\44- Ua COUNTY OF The foregoing instrument was acknowledged before me this 1J da f_ 2009, by ROBERT L. McCURDY, JR. who is personally known to me or who has produced rl aoo5 as identification. NOTARY PUBLIC SIGNATURE Notary printed name NoOMMI Sit My commission expires:__ MWWWC.Mnowf Notary Public , city of auphin County My Commission Expires Oct 2, 2009 R r. tit Ffi ED-Q- =,E OF THE R AR 2009 MiAY -6 F i i t: ?0 McNees Wallace & Nurick LLC By: J. Paul Helvy Attorney I.D. No. 53148 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff ROBERT L. McCURDY, JR. Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 HELEN M. McCURDY, CIVIL ACTION - LAW Defendant IN DIVORCE/CUSTODY Motion for Continuance 1. On March 30, 2009, the Honorable Edward E. Guido issued an Order scheduling a hearing for May 7, 2009 at 9:30 a.m. A true and correct copy of said Order is 2 3 4. attached hereto as Exhibit "A." On May 6, 2009, the parties entered into a Stipulation and agreed to continue the May 7, 2009 hearing date to the first available hearing date after June 15. 2009. A true and correct copy of the parties' Stipulation is attached hereto as Exhibit "B." On May 6, 2009, Cheryl B. Krentzman, attorney for Plaintiff contacted Steven Howell, attorney for Defendant, by telephone regarding this Motion, at which time Defendant's attorney concurred with this Motion. On May 6, 2009, Plaintiffs attorney also contacted chambers for Judge Guido to notify the Court of the parties' stipulation and the request for a continuance of the hearing scheduled for May 7, 2009. Plaintiffs attorney was instructed to send this Motion by regular mail and was informed that the parties need not appear before the Court on May 7, 2009. WHEREFORE, counsel for Plaintiff, Robert L. McCurdy, Jr., respectfully requests that this Honorable Court enter an Order consistent with the agreement of the parties continuing the May 7, 2009 hearing date to the first available date after June 15, 2009. Respectfully submitted, MCNEES WALLACE & NURICK LLC By , - Pat-,-O Paul Helvy Attorney I.D. No. 53148 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff/Petitioner 2 EXHIBIT A ROBERT L. McCURDY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-8730 CIVIL TERM HELEN M. McCURDY, Defendant CIVIL ACTION -- LAW ORDER OF COURT AND NOW, this 30th day of March, 2009, hearing in this matter is rescheduled to May 7, 2009, at 9:30 a.m. Pending said hearing, it is hereby ordered and directed as follows: 1. With regard to the M&T Home Equity Line of Credit, Wife shall: (a) Make sure that the mortgage has been satisfied of record. (b) Request that M&T make appropriate reports with regard to the loan to the various credit reporting agencies. 2. With regard to the Florida timeshare, Wife shall: (a) Pay off all sums due. (b) Execute the appropriate documents so that the time share may be transferred to Wife alone. The issues to be addressed at the upcoming hearing shall be as follows: (1) Wife's compliance with this order. (2) The issue of whether or not Husband is entitled to counsel fees and whether the fees claimed are reasonable and necessary in connection with the enforcement of his rights under the marital settlement. Page 2 - Order of Court McCurdy v. McCurdy March 30, 2009 By the Cour Edward E. Guido, J. Cheryl B. Krentzman, Esquire MCN es, Wallace & Nurick 9,0 Innovation Boulevard 1 uite 301 State College, PA 16803 Attorney for Plaintiff Steven Howell, Esquire 619 Bridge Street New cumberland, PA 17070 Attorney for Defendant srs *rr ` se my ha?h 01 am cow cl-hsie4 Pa. EXHIBIT B 0510512005 13:12 General (FAX) P.002f003 ROBERT L. McCURDY, JR. Plaintiff V. HELEN M. McCURDY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCE/CUSTODY SYIPULATiON OF THE PARTIES This Stipulation is made this 6"' day of May, 2009, by and between ROBERT L, McCURDY, JR., and HELEN M. McCURDY; WHEREAS, on May b, 2008, Robert McCurdy filed a Petition for Special Relief to Enforce the Marital Settlement Agreement entered into by the parties; WHEREAS, said Petition requested that Helen McCurdy be required to reimburse 116bert McCurdy for attorney's fees, casfs and expenses incurred 1n his efforts to enfafcii the Marital Settlement Agreement; WHEREAS, on January 2, 2009, Robert McCurdy filed a Petition for Hearing on the previously riled Petition and again renewed the request for attorney's fees, costs and expenses; WHEREAS, on February 23, 2009 and March 30, 2009, the parties and their counsel appeared before Judge Guido on the matters raised in Robert McCurdy's Petitions, and as a result, Judge Guido issued two orders relating to those matters; and WHEREAS, the Order of March 30, 2009 established a hearing date of May 7, 2009, at which time the Court would address the issue of Robert McCurdy's request for attorney's fees. NOW.THEREFORE, the parties, intending to be legally bound, and In consideration of the mutual promises and agreements contained herein, hereby agree as follows: 39t7d S38P 7nn'A 998ZOE94TL 6Z:ZT 600Z/90/90 inn a OcO7nscir j WICr ann7rcnicn awl i mien xm 0510612009 13:12 General RX oate/71me 0510612009 12:52 05/06/2099 12:59 7177701278 0510VZOOV 12:05 FAX 717 976 7366 86166/2889 12:42 7177701278 06106/2oog 11;31 PAX 71? on 8eav (FAX) 7177701278 HOWELL LAW FIRM a Ptzo & SFT IiAWELL LAW FIRM P.003/003 P.001 PAGE 01/01 19001 PACE 84/64 Q 0'391Da9 1- On or hatbm June s, 2009, Hagen McCurdy shell mmka a lump sum payment to Robert McCurdy In the amount of One Tftusand Two Hundred-Fifty dollars (S1,26I7,00), 21 Upon roceol of said paym nt, Moberg McCurdy shall famish the deed transferring theRoi7rre mvrital FesidenCe (loMad at JUSU Rittl1w Highway, 9hlppensburg, PA 17257) to W4len MoCurby gy sending the ssrn4 to W counsel of record. 3. HVen McCufrdy shall record tbo deed tronsferrIng the fermar mSrit91 resiganae to hot within tan (10) days of receipt Of $010 dead by her oouneel of fSOw 1, 4. The psrtin qWJ request Chet tYte hearing currently scha0ulattt fpr Amy 7, 2000 bp continued by the Court for the first available date aft@r anm f8,-2Utf9 ------- S. Proaldmtl that f ietsn McCurdy makes the payment: required by Pnrggraph 1 Rf this Sfipuletton by June S, 2009, and takes all necessary steps to essuma sole ownership o; the fomw mEMN reoldence, Robert 1V dCurdy shall tMlhClMw the request fbr the canGnuanee. 0. Tt11s Stipulation may bo executed In onm or nroro counterparts byfacs"lls s1gr18turo3andlor ariglnet signatures. Shauid thvi parUes sign dilierei A GounwrPErts of this Sdpuletlon. their sigrmtures shag htevo the same effort ft if thoee parries had signed the same courgerparts of this Stipulation. .161 gate: Robert L. McCurdy, Pla ing Hate:-0 ?,. ? Helen M. McCurdy, Defer; ont ??4? 60/t=0 39t7d Sag! 998ZOESLT4 6Z:ZT 6002/90/SO £fl0 d 9S8Z0£SLtL b£:£L 6002/90150 aua1182ea XH CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 C?L t Lyn Lowe, Legal Secretary Dated: 51009 3 r '+ L i T t.^ ?iYr. ttt ,I-E 3 MAY 0 8 2009(a ROBERT L. McCURDY, JR. Plaintiff/Petitioner V. HELEN M. McCURDY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this day of May, 2009, it is hereby ORDERED that the hearing previously scheduled for May 7, 2009 is continued to V , 2009 at l•? m. in Courtroom Number 3 of the Cumberland County Courthouse. Distribution: /heryl B. Krentzman, Esquire, McNees Wallace & Nurick, LLC, 330 Innovation Boulevard, Suite 301, State College, PA 16803, (814) 867-8500; (814) 867-6200 (fax); ckrentzmang-)mwn.com even Howell, Esquire, 619 Bridge Street, New Cumberland, PA 17070, (717) 770-1277 4 The Honorable Edward E. Guido 9Z 014d 81 AN 60OZ McNees Wallace & Nurick LLC By: J. Paul Helvy Attorney I.D. No. 53148 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff ROBERT L. McCURDY, JR. Plaintiff V. HELEN M. McCURDY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCE/CUSTODY Motion to Withdraw Request for Continuance 1. On March 30, 2009, the Honorable Edward E. Guido issued an Order in the above captioned matter scheduling a hearing for May 7, 2009 at 9:30 a.m. 2. On May 6, 2009, the parties entered into a Stipulation and agreed to continue the May 7, 2009 hearing date pending completion of certain tasks by the parties as set forth in the Stipulation. 3. Counsel for Plaintiff contacted the Court on May 6, 2009 regarding the request for continuance, and filed a Motion for Continuance on May 7, 2009. A true and correct copy of Plaintiffs Motion for Continuance is attached hereto as Exhibit "A." 4. On May 18, 2009, the Honorable Edward E. Guido issued an Order continuing the hearing scheduled for May 7, 2009 at 9:30 a.m. to July 20, 2009 at 1:00 p.m. A true and correct copy of said Order is attached hereto as Exhibit "B." 5. The parties have since completed the tasks contemplated by the Stipulation, and pursuant to the terms thereof, Plaintiff is to withdraw the request for continuance. 6. Counsel for Defendant, Steven Howell, Esquire, was contacted regarding this Motion and concurs with the filing of the same. WHEREFORE, counsel for Plaintiff, Robert L. McCurdy, Jr., respectfully requests that this Honorable Court enter an Order withdrawing the Motion for Continuance and cancelling the hearing scheduled for July 20, 2009 at 1:00 p.m. Respectfully submitted, MCNEES WALLACE & NURICK LLC ay "4'?ow 1--Tkw J. Paul Helvy Attorney I.D. No. 53148 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff/Petitioner 2 McNees Wallace & Nurick LLC By: J. Paul Helvy Attorney I.D. No. 53148 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff ROBERT L. McCURDY, JR. Plaintiff V. HELEN M. McCURDY, Defendant n N P ` j,i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCE/CUSTODY Motion for Continuance On March 30, 2009, the Honorable Edward E. Guido issued an Order scheduling a hearing for May 7, 2009 at 9:30 a.m. A true and correct copy of said Order is attached hereto as Exhibit "A." 2. On May 6, 2009, the parties entered into a Stipulation and agreed to continue the May 7, 2009 hearing date to the first available hearing date after June 15. 2009. A true and correct copy of the parties' Stipulation is attached hereto as Exhibit "B." 3. On May 6, 2009, Cheryl B. Krentzman, attorney for Plaintiff contacted Steven Howell, attorney for Defendant, by telephone regarding this Motion, at which time Defendant's attorney concurred with this Motion. 4. On May 6, 2009, Plaintiffs attorney also contacted chambers for Judge Guido to notify the Court of the parties' stipulation and the request for a continuance of the hearing scheduled for May 7, 2009. Plaintiff's attorney was instructed to send this Motion by regular mail and was informed that the parties need not appear before the Court on May 7, 2009. WHEREFORE, counsel for Plaintiff, Robert L. McCurdy, Jr., respectfully requests that this Honorable Court enter an Order consistent with the agreement of the parties continuing the May 7, 2009 hearing date to the first available date after June 15, 2009. Respectfully submitted, MCNEES WALLACE & NURICK LLC By ?? Paul Helvy Attorney I.D. No. 53148 Cheryl B. Krentzman Attorney I.D. No. 203463 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff/Petitioner 2 ROBERT L. McCURDY, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2000-8730 CIVIL TERM HELEN M. McCURDY, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 30th day of March, 2009, hearing in this matter is rescheduled to May 7, 2009, at 9:30 a.m. Pending said hearing, it is hereby ordered and directed as follows: 1. With regard to the M&T Home Equity Line of Credit, Wife shal l: (a) Make sure that the mortgage has been satisfied of record. (b) Request that M&T make appropriate reports with regard to the loan to the various credit reporting agencies. 2. With regard to the Florida timeshare, Wife shall: (a) Pay off all sums due. (b) Execute the appropriate documents so that the time share may be transferred to Wife alone. The issues to be addressed at the upcoming hearing shall be as follows: (1) Wife's compliance with this order. (2) The issue of whether or not Husband is entitled to counsel fees and whether the fees claimed are reasonable and necessary in connection with the enforcement of his rights under the marital settlement. Page 2 - Order of Court McCurdy v. McCurdy March 30, 2009 By the Cour Edward E. Guido, J. Cheryl B. Krentzman, Esquire Vuit esW allace & Nurick Innovation Boulevard e 301 State College, PA 16803 Attorney for Plaintiff Steven Howell, Esquire 619 Bridge Street New cumberland, PA 17070 Attorney for Defendant srs May.: E WPY FROM RECORU ;, mai,cl No Cm at cetste, Pa. N H1131-T B Ex 0510812009 13:12 General (FAX) P.0021003 ROBERT L. McCURDY, JR. Plaintiff V. HELEN M. McCURDY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCEICUSTODY 4111PULA110N OF THE PARTIES This Stipulation is made this 6a' day of May, 2009, by and between ROBERT L. McCURDY, JR., and HELEN M. McCURDY; WHEREAS, on May 5, 2008, Robert McCurdy filed a Petition for Special Relief to Enforce the Marital Settlement Agreement entered into by the parties: WHEREAS, said Petition requested that Helen McCurdy be required to reimburse Roberti 6Uurdy for attorney's fees, costs and expenses incurrein his a orts to en oFce - " the Marital Settlement Agreement; WHEREAS, on January 2, 2009, Robert McCurdy filed a Petition for Hearing on the previously filed Petition and again renewed the request for attorney's fees, costs and expenses; WHEREAS, on February 23, 2009 and March 30, 2009, the parties and their counsel appeared before Judge Guido on the matters raised in Robert McCurdy's Petitions, and as a result, Judge Guido issued two orders relating to those matters; and WHEREAS, the Order of March 30, 2009 established a hearing date of May 7, 2009, at which time the Court would address the issue of Robert McCurdy's request for attorney's fees. NOW.THEREFORE, the parties, intending to be legally bound, and in consideration of the mutual promises and agreements contained herein, hereby agree as follows: E0/60 3Wd S38r 998Z0£541L 6Z:Zi 609Z/90/90 7nn•.4 ccQ7ncc i l i WIN ann7ronicn awl I mien yu 0510612009 13:12 General RX oate/71me 0510612009 12:52 85/86/2009 12:59 7177781278 95101612001 LZ:05 FAE 717 876 7468 06/0612809 12:42 7177781278 o61oe/R489 11;31 PAX ?1? 934 880o (FAX) 7177701278 HOWELL LAW FIRM KAJ IMD PRO & SPX HOWFI,L LAW FIRf4 P.0031003 P.001 PAGE 81/01 ®001 PASE 84/84 Q 00v009 1. On or before June S. 2009, Helen McCurdy shot) make a lump sum psymant to Robert McCurdy In Ow amount of One Thousand Two Hundmd-Fifty dollars ($1,250,00), 2. upon rorrelpi of said payment, tRobert McCurdy Shan famish the dead transferring the?ormer marital residence (ftMed at 1650 Rhmat Highway, 9hippensburg, PA 17257) to Holerr MoCuray by sending the same to her counsel or rooord. 3. Helen McCw dy shall record the deed tronsforrIN the termer meritei raei4pnoe to her within ten (10) days of receipt of said dead by her wimmi of record, 4. The pertiea vivil request that the hearing currently sahaduilaa fpr Afty 7, 2000 be canUn`ued try the Court for the first available date afEF-J 00 T672tM --?'---- 5. Provided that 1-Won McCurdy mattes the payment required by Fwwaph 1 Rf dale Sapuletton by June 8, 2009, and takes all necessary steps to assume solo owner9hip o% the former mei itel rsstdencs, Robert McCur* 31w111 wi01dmw the requcrost for the continvtance. 6. This BtlPutolion may be exemited hi one or nzora cnunierparts by famirrills slydrtaturas and/or originel signatures. 9hcuid the parties sign dfiRerenA 9ounterprrrtz of this SUpultation, their signatures shad havo Ihv Sams effarst alb if thOSe parties had signed the same counterparts of this SUPuIRtion, Mite: +9 a - Robert L. McCurdy, PlAlnttlf cl ?r Dote: ,-Icd-- en M. McCurdy ant E0/E0 39tld S38f 998ZOESLU 6Z:ZI 6002/99/se £00'd 9070£9LLL b£:£L 6002/90190 811,111felea WN CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 ') L Lyn Lowe, Legal Secretary Dated: 0,109 3 MAY 2 0 2009 MAY 0 8 2009(n ROBERT L. McCURDY, JR. IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY,;PENNSYLVANIA V. NO. 2000-8730 HELEN M. McCURDY, CIVIL ACTION - LAW Defendant/Respondent IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this 0 "'day of May, 2009, it is hereby ORDERED that the hearing previously scheduled for May 7, 2009 is continued to 0 , 2009 at - ?-? P00 m. in Courtroom Number 3 of the Cumberland County Courthouse. THE CO R , The Honorable Edward E. Guido Distribution: Cheryl B. Krentzman, Esquire, McNees Wallace & Nurick, LLC, 330 Innovation Boulevard, Suite 301, State College, PA 16803, (814) 867-8500-1(814) 867-6200 (fax); ckrentzmanOmwn.com Steven Howell, Esquire, 619 Bridge Street, New Cumberland, PA 17070, (717) 770-1277 . I . . - M . a. .. ._3 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Steven Howell, Esquire 619 Bridge Street New Cumberland, PA 17070 e nifer Kee Woodford, Paralegal Dated: AUV?Q g?' Z001 3 OF THE 2 l JUN 2 6 2009 6 ROBERT L. McCURDY, JR. Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HELEN M. McCURDY, Defendant/Respondent NO. 2000-8730 CIVIL ACTION - LAW IN DIVORCE/CUSTODY ORDER OF COURT eek AND NOW, this day of June, 2009, it is hereby ORDERED that Plaintiffs Motion for Continuance is withdrawn and the hearing scheduled for July 20, 2009 at 1:00 p.m. in Courtroom Number 3 of the Cumberland County Courthouse is cancelled. Distribution: Cheryl B. Krentzman, Esquire, McNees Wallace & Nurick, LLC, 330 Innovation Boulevard, Suite 301, State College, PA 16803, (814) 867-8500; (814) 867-6200 (fax); ckrentzman(cDmwn.com V Steven Howell, Esquire, 619 Bridge Street, New Cumberland, PA 17070, (717) 770-1277 COP L It--s i'.tat LCIL 4 The Honorable Edward E. Guido Fi DHI OF THE KDT4,, TARP 2009 JUN Z 9 PM 1: 2 7 CLAA8E i _ -A,.a,`4LJ ""'UUNl Y PENNSYLVANIA