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Home My WebLink About99-02563 ~ .... ~.. ~,~~ ~\ \ I I j " " f / .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . y . . . . . . . t t t f t t t .. t t t t t t t. t : t t t t , t t . . . . m+t.:}-!A~ t . . . . . . . . . .. . . t .. .. . t t t . .. .. .. . .. t . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY \'i~~j ; :.ri;~I ~: \.i....._,.\" '. '-.""",J{'II..", . <J.<.._~...:~~;:..-. ~ .. STATE OF PENNA. .) . . . . . . LOUISE KNIGHT, No. 99-2563 . . . PLAINTIFF VERSUS . . . . . . GREGORY H. KNIGHT. II . . . . . . DEFENDANT DECREE 11\1 DIVORCE c:.)\ c..: !" ~ A.'# dDO/ ,IT IS ORDERED AND ~JI . . . . . AND NOW, LOUISE KNIGHT DECREED THAT . PLAI NTI FF, .. GREGORY H. KNIGHT . DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. . . . ~ . . . . . . The Ma rita 1 Se t t I e=LAgrJHllllcn.t:.~..dated_J).e.c.emh= 21, ?OOJ....-j ~ " incorporated herein bLref er'!.l)~e_uh\J.C.i!LnQLllIeI~liJnto_...thi.a....IIErTPP " ~ I i l ~ ... . ?!~~~>1-1'-1,~.1>\~M ;, ",~ ~ ..--: I ~ A ~. ",:' ..' .., . 'i!' P"OTHONOTAFW .. '" Z .. --:" ,,*~)r:,,~)o~.!.:.: .!": -!.!.!"':.: -: -2 -:.:.:.;.:.:~:.!. :..~ .~.:"~ .:~'~ ~: +z-! +.! .!.;.! -! +.;.':'. :"!..:":": ": ":": "!-;,,:,,N:: By THI" A TTC ~--::'1 ./) J. Final DcccllJbcr 9, .200 I MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 21 S~ day of ~~/"her; 2001, by and between Gregory H. Knight, hereinafter referred to as "Husband", and Louise Knight, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 19, 1979; and WHEREAS, certain differences arose between the parties as a result of which they separated on April 27, 1999, and now live separate and apart from one another, and are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife: and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responSibilities and rights growing out of the marriage relationship any provisions of prior agreement between them to the contrary notwithstanding; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband, by his attorney, Keith Brenneman, Esquire, and Wife, by her attorney, Edward J. Weintraub, Esquire, have come to the following agreement. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: ._.:/JJ.lc__J Initial,) ~.:.._(ll1itial') -... -- ..- - ...... - Final Dcccll}bcr 9, .200 I 1. SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other as such place or places as he or she may from time to time choose or deem fit. 2. INTERFERENCE: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall harass the other nor endeavor to molest the other, nor compel the other to cohabit with the other nor in any way malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried. 3. WIFE'S DEBTS: Other than the debts indicated in Paragraph 5 below Wife represents and warrants to Husband that since April 27, 1999, she has not, and in the future, she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. HUSBAND'S DEBTS: Other than the debts indicated in Paragraph 5 below, Husband represents and warrants to Wife that since April 27, 1999, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OUTSTANDING MARITAL DEBTS: Husband and Wife acknowledge and agree that they have no outstanding marital debts and obligations of the Husband and Wire incurred prior to the signing of this agreement, except as follows: 'bLtlllilialsl (9'~:::_jll1ilialS) , Final Dcccn.lbcr 9, .200 I DES.CHIF:'l/ON PERSON(S) NOW AMWI\IT BESE'.ONSJBLE A. Educational Trust undetermined W Tax liability B. 2001 tax liabilities $120,000 (est.) H+W The parties agree that Wife shall hereafter be responsible for paying debt A above and Husband and Wife shall be responsible for paying debt B above, as hereinafter provided. Each party agrees to pay the outstanding debts as allocated and further agrees to indemnify and save harmless the other from any liability for such debts or obligations. In the event that either party contracted or incurred any debts, other than those specifically identified herein since April 27, 1999, the party who incurred the debt shall be responsible for its payment regardless of the name in which the account may have been charged and agrees to indemnify and hold harmless the other for any liability for such debts. 6. MUTUAL RELEASE: Except as provided in this Agreement, each party waives his or her right to alimony and any further distribution of property because both agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 19aO. Subject to the provisions of this agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or dG::"1rlds whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. .. ~j:'" i _(Initials) c~ - ,(Initials) j Final DcccI11bcr 9, .200 I 7. EQUITABLE DISTRIBUTION: A. Until August 1, 2002, Wife shall continue to have the right to enjoy exclusive possession of the former marital residence at 2 Northfield Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. No later than August 1,2002 Wife agrees to transfer to Husband all of her interest in and title to their jointly owned real estate at 2 Northfield Way, Mechanicsburg, Pennsylvania free and clear of all liens and encumbrances, except any created solely by Husband. Until she relinquishes possession, Wife agrees to be solely responsible for the payment of all taxes, insurances and utility bills relative to maintain generally the existing condition of this real estate. (1 ) On or before August 1, 2002 Wife shall relinquish possession of the premises to Husband. Simultaneously with the execution of this agreement, Wife shall deliver to counsel for Husband a deed in the form attached hereto prepared by Husband's counsel transferring and conveying to Husband all of her right, title, claim and interest in and to the real estate located at 2 Northfield Way. Counsel for Husband may record the deed when possession of the property is delivered to Husband. Thereafter, Husband shall be the sole owner of the real estate and shall be permitted to take any other action with respect thereto that he deems appropriate. Wife may relinquish possession to Husband at any time prior to August 1 , 2002, upon forty-five (45) days written notice of her intention to do so. (2) Until Wife relinquishes possession, Husband and Wife shall continue to jointly own all insurance polices and proceeds associated with 2 Northfield Way. Wife agrees that upon the recording of the deed, Husband shall become the sole oVlner of any and all homeowner's policies, title policies and any other policy of insurance with respect to the real estate and shall be entitled to receive any payments now or hereafter due under such insurance policies. (3) Husband and Wife mutually represent and warrant to each other that there were no material problems or defects with the residence on or before April 27, 1999, excepts cracks in the Great Room ceiling and leaks from the Great Room Ceiling during heavy rains. Wife is unaware of any substantial problems or defects which have 1'L11:::'_.J)llilial.;) 4 . ~::tllliliaIS) Final DCCcl~lbcr 9, .200 I arisen since April 27, 1999. Nevertheless, Husband shall have the right to have the marital residence inspected by Ray Garman within thirty (30) days of the date of this Agreement, and may accompany Mr. Garman. The purpose of the inspection will be to evaluate the condition of the house, the structure and its mechanical and electrical systems for the purposes of identifying items that are in need of repair or replacement. All items identified to be in need of repair or replacement shall be noted in a written report by the inspector within ten days of completion of the inspection. In the event anyone items costs $1,000 or more to repair or replace, the parties agree equally to share the cost to repair or replace the item. The cost to repair or replace any item identified shaJJ be determined by an estimate or proposal obtained by Husband from a contractor or service provider specializing in the repair or replacement of the identified item. In the event there are not individual items costing $1,000 or more to repair or replace, but the aggregate of the cost of all items identified in need of repair or replacement exceeds $1,000 based upon any estimate or estimates/proposal or proposals obtained by Husband, then the parties agree equally to share all costs to repair or replace all items. On Husband's behalf, but without Husband present, Mr. Garman may conduct another inspection within thirty days of the date that possession of the marital residence is given to Husband, in which event all terms and provisions set forth above with respect to the first inspection, written report, estimates and proposals and the cost sharing of those costs shall be observed and followed by the parties. Wife further agrees to provide confirmation and evidence that the geothermal heat pump was inspected for the Fall 2001 heating season and the Summer 2002 cooling season. Parties further agree that they shall cooperate for the purpose of completing all repairs and replacements necessary before possession of the marital residence is delivered to Husband on or before August 1, 2003. Wife further agrees to notify Husband of any mechanical, structural or other defects or problems with the marital residence that develop or are discovered up to the time possession of the marital residence is delivered to Husband. Possession of the marital residence shall be delivered by Wife to Husband in a reasonably clean condition with all floor surfaces including garage and basement broom cleaned and carpeted surfaces vacuumed. Any inspections conducted hereunder shall .,}v:) L.nni!ials) 5 ~..(Inili:lIs) , ',' . , 'I - 0' .~ .' " , ".' - I . " " ' . '., _.,. '.. ~. ............ .' , Fin31 Dcccmbcr 9, 200 I be at Husband's sole expense. In addition, the parties agree that Husband shall be permitted to perform landscaping and to aerate the lawn of the residence at his expense in the Fall of 2001 and the Spring or Summer of 2002. Husband agrees to coordinate such activities with Wife. Wife at her option may be present at all inspections contemplated hereunder and may be accompanied by any individuals, including professional representatives, of her choosing. Wife shall provide Husband with evidence that the septic system has been pumped and inspected in the Spring of 2002. B. Contents of The Marital Residence: As of the date of the execution of this Agreement, Husband shall set over, transfer and assign to Wife all of his right, title, claim and interest in and to the jointly-owned furniture, furnishings, fixtures, goods, equipment and personal items within the former marital residence, except for possession of these items which Wife will deliver to Husband with possession of the house: Cathedral room and sun room furniture including the hemp rug China closet and two cabinets in the dining room Bedroom furniture (8eoft's and Alex's rooms), except the exercise equipment (Alex) and desk in "baseball" room. Master bedroom bureau, nightstand and armoire All appliances C. Contents of Husband's Residence: As of the date of the execution of [his Agreement, Wife shall set over, transfer and assign to Husband all of her right, title, claim and interest in and to the furniture, furnishings, fixtures, goods, appliances, equipment and personal items within Husband's residence. Motor Vehicles: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (1) D. Wife shall retain her present vehicle and the proceeds or trade in value attributable to the 1994 Concord. " (.;1;:2 JL- ,(Initials) (, C'7tf~-(lnitiaIS) Final Dcccmbcr 9,,2001 (2) Husband shall retain the 1994 Voyager. (3) All automobile titles and insurance policies will be corrected to reflect the ownership of each vehicle. E. Equitable Distribution Scheme: By the October 31, 2001 Updated Preliminary Equitable Distribution Analysis, attached hereto and incorporated herein as Exhibit "A", the parties have indicated the over-all equitable distribution they intend, namely 60% to Husband and 40% to Wife of their net marital estate as of the date of execution of this agreement, less credit to Wife for any contributions and appreciation thereon from post separation earnings of Wife made after April 27, 1999. All values included in the Preliminary Equitable Distribution Analysis and this Agreement (the marital home, personal property, art and jewelry excepted) were derived from available account statements, and :,ave been updated to a practical degree acceptable to the parties to reflect their approximate values, including recent appreciation and decline, as of the date of execution of this Agreement. After deducting Wife's post April 27, 1999 contributions and appreciation thereon, the parties agree that their net marital estate is $1,378,909, of which 60% or a total of $825,383 shall be distributed to Husband and $553,526 to Wife, as more particularly described in Exhibit "A" attached. F. Individual Retirement Accounts, Pensions And Employment Benefits: Each party shall retain sole ownership and control their respective employment benefits and retirement assets, except as hereinafter provided. Husband shall retain his Schwab IRA ($16,356), his Salmon, Smith, Barney account ($151,214) and both his and Wife's American Century accounts ($13,772 each). Within thirty (30) days following execution of this agreement, unless extended because a QDRO is necessary, Wife shall rollover to Husband her Solomon, Smith, Barney FMA Plus account ($111,453). If a QDRO is required, counsel for Husband shall prepare it. Wife shall retain the entire marital portion of her Malatesta, Hawke & ivicKeon, LLP retirement account ($394,473), plus her post-separation contributions ($70.843). .I,} I _,Z!._-.!~(Jnitials) 7 c:m -=-(Initials) Final December 9, ,200 I G. Joint Bank and Charge Accounts: All joint bank and charge accounts, credit card accounts and any other joint accounts shall be terminated and each party shall take those steps necessary to have the other removed as a responsible party from any such account. Wife shall retain all of the current balances in her current savings and checking accounts. H. Property to Wife: The parties agree that Wife shall own, posses, and enjoy free from any claims of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property 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. Specifically, Wife shall retain her artwork, jewelry, and furs, her USSA account ($28,181), as well as any balance exceeding $111.453 in her Marital Solomon, Smith, Barney account and her post- separation Solomon Smith Barney account ($20,084). J. Property to Husband: The parties agree that Husband shall own, possess, and enjoy free from any claims of Wife, the property awarded to him by the terms of this Agreement. \/Vife hereby quitclaims, assigns and conveys to Husband all such property 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. Specifically, Husband shall retain the parties investments in Kemper, now Scudder ($13,752), Templeton Growth ($9,695), Colonial International Horizons, now Liberty Funds ($2.768), Fidelity Advantage High Inc. ($22,838), Monetta ($4,320), Fidelity ($40,141), and $111,453 from Wife's Solomon, Smith, Barney account. Upon execution of this Agreement, Husband shall advise Wife of the identity and number of the account to which the latter shall be rolled-over and Wife shall initiate all transfers hereunder within ten (10) days of the execution of this agreement. Any Qualified Domestic :jA LOnitials) L~Jll1itiaIS) s . '. i .' ". . '. . . , , .~ , ",' ...., '. L Final D~CCl1lbcr 9.200 I Relations Orders required to effect any transfers herein shall be prepared or caused to be prepared by counsel for Husband at Husband's expense and reviewed by counsel for Wife. J. Miscellaneous Property: All property not specifically addressed herein shall hereafter be owned by the party to whom the property is tilled, and if untitled. the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. Specifically, Husband acknowledges Wife's sole right to utilize all of the assets of the Louise A. Knight Living Trust established with the marital assets with Husband's knowledge on or about April 26, 1999 to fund the undergraduate educations of their children, subject only to Wife's obligation to distribute to Husband sixty (60%) percent, net of any tax liabilities, of any residual trust assets not expended by her for the benefit of their children. Any Trust expenditures for graduate school shall require Husband's consent. Educational expenses which Wife may pay from the Trust include tuition, books, fees, room, board, educational materials, computers and computer services, transportation to and from school, insurance, and college inspection trips and taxes on all Capital Gains from Trust Fund stock sales. Wife will account to Husband annually on and after June 30, 2002 regarding all Trust expenditures, which accounting shall include copies of the account statements for the periods ending June 30 (I.e. for the beginning and end of the accounting year), as well as a record of all expenditures made from the Trust, noting the date, amount, payee and purpose of each expenditure. Wife shall retain the family photographs, but at Husband's request will deliver them to a copy service of his selection for duplication at his cost. K. Tax Liability: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co- owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or d:nJ:.-_(!niliaIS) ~ tf!t!!-(InitiaIS) l) Final Dcccmbcr 9, 200 I her with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns, 8. LIFE INSURANCE: The parties life insurance policies currently in effect are detailed in Exhibit B attached hereto, Each party shall own any existing policy of insurance currently in effect, free to designate the beneficiary of their choice or to discontinue the coverage. Husband shall give wife prior notice of his intention to cancel any insurance policy. Wife shall have a continuing insurable interest in Husband's life and, at her option, may continue to maintain in effect any policies of insurance as she elects, designating herself or a trustee of her choice to administer insurance proceeds for the benefit of the children. Should Wife elect to maintain any policies on Husband, he shall cooperate with her to maintain the coverage(s) of her choice, for which premiums Wife shall be solely responsible. 9. ALIMONY: Both parties mutually waive all support, alimony and maintenance of any kind from the other party. Nothing contained in this waiver shall effect the obligations of Husband and Wife to provide for the parties' minor child. 10. CHILD SUPPORT: Pursuant to a Stipulation for an Agreed Order of Child Support attached hereto as Exhibit "C", Husband shall pay to Wife $500 monthly for the support of their minor child, Alexander Knight. 11. HEALTH INSURANCE: Wife agrees to continue to provide and pay for Husband's medical and hospitalization coverage until entry of a final decree in divorce. Thereafter following the entry of a final Decree in Divorce, Husband shall be solely responsible for his own health insurance, medical expenses and any uninsured medical expenses. 12. ALIMONY PENDENTE LITE, COUNSEL FEES AN EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, 10 0'~(lnitiaJS) -.7~L/ (lnilials) Final Deccmbcr 9. 200 I adequate and satisfactory to them. 80th parties agree to accept the provisions set forth in this Agieement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of the proceedings for divorce or annulment between the parties. ~j 13. INCOME TAX RETURNS: The parties have heretofore filed joint federal and state tax returns. The parties agree to share their 2000 tax refund and tax preparation fees as follows: $1,970 to Husband and $2,276 to Wife, from their original return; $4,893 to Wife from their amended return refund and $697 to be paid by each for tax preparation fees. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be responsible for the actions, misrepresentations or failures to disclose separate income resulting in tax liability. The parties shall file separately in 2001. Wife shall have the dependency exemptions for all of the parties' children. 14. WAIVERS OF CLAiMS AGAINST ESTA TES: Except as herein otherwise provided each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtsey, statutory allowance, widow's allowance, right to take intestacy, right to take against the will of the other, anti right to act as administrator or executor of the other's estate. Each will, at the request of the other, execute, acknowledge and deiiver any and all instruments which may be necessary or ,ftL(lllitialsl 11 /'"'.(kJ t~~{ll1ilia!sl ". ,. -r..... Final Deccmber 9, 200 I advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims and both parties will revoke prior wills or testamentary documents. 15. AGREEMENT NOT PREDICA TED ON DIVORCE: It is specifically understood and agreed by and between the parties hereto and each of the said parties does hereby warrant and represent to the other, that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting an action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute this Agreement. Husband and Wife each knowingly and understandingly hereby waives any and all possible claims that this agreement is, for any reason illegal or for any reason whatsoever, unenforceable in whole or in part. Husband and Wife each do hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 16. SUBSEQUENT DIVORCE: Wife at her cost by her counsel has filed an action for divorce under Section 3301 (c) and (d) of the Divorce Code. Simultaneously with the execution of this Agreement, both parties will execute Affidavits of Consent and Waivers of Notice to enable counsel for Wife to proceed with a no-fault divorce, providing counsel for Husband with a duplicate decree. Counsel for Wife shall submit to the Prothonotary all documents necessary for issuance of a divorce decree within seven (7) days after execution of this agreement. :..iJK_.(lnilials) 12 ~_(ll1ilJaIS) " ',. . . ~. '. ".'.,' "', ,'.'.." ) " . ':." . ' . . ,_',' I _ , '. Final December 9, 200 I The parties further agree that each of them shall be responsible for their own attorney's fees. The parties shall be bound by the terms of this agreement, which shall be incorporated by reference into the Divorce Decree, shall not be merged in such Decree, but shall in all respects sUlVive the same and be further binding as an enforceable contract, conclusive upon the parties. 17. BREACH AND ENFORCEMENT: If either party breaches any provision of this Agreement, 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 and the breaching party shall be responsible for payment of the legal fees and costs incurred by the non-breaching party enforcing his or her rights under this Agreement. Reasonable interest shall be assessed from the date of breach. A. This Agreement may be specifically enforced by either Husband or Wife in Equity, and the parties hereto agree that if an action to enforce this Agreement is brought in Equity by either party, the other party will make no objection on the alleged ground of lack of jurisdiction of said Court on the ground that there is an adequate remedy at law. The parties do not intend or purport hereby to improperly confer jurisdiction on a Court in Equity by this Agreement, but they agree as provided herein for the forum of equity in mutual recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in Equity over agreement such as this one. B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed with an action at law for redress of his or her rights under the terms of this Agreement, and in such event it is specifically understood and agreed that for and in specific consideration of the other provisions and covenants of this Agreement, each shall waive any right to a jury trial so as to expedite the hearing and disposition of such case and so as to avoid undue delay. I I \ ....i!J J:.::. ( In i 1 i ;1 Is ) .~. (Initials) I3 ,. ,'. ' "'. ..',:.' ',' '. .' .',', '.", .' .,..:,' ."J,.", .' , " '. ". .... - '. ...., -, Final Dcccmber 9,2001 18. ADDITIONAL INSTRUMENT: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 20. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and divisions of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by and any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. _~t~ Jlnitials) /~-( c/ _~.__ IniliJls) 14 ..., Final December 9,200 I 21. DISCLOSURE: Husband and Wife represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which either party has an interest, the sources and amount of the income of such party of every type whatsoever and of all other relevant and material facts relating to the subject matter of this Agreement. 22. MODIFICA TION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance on any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and have no effect. 24. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They have no effect whatsoever in determining the rights or obligations of the parties. 25. INDEPENDENT SEPARA TE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 26. APPLICABLE LA W: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 27. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement ancj in all other respects this Agreement shall be valid and continue in full force, effect and operation. 8ft c.:/P';}{ 15 ...., _.' i I I i , , , Final Dcccmbcr 9,200 I 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have set their Hands and Seals the day and year first above written. c C;:~~;~p. ~L) ~ e'~SEAL) --... Wit ess Witness 1 ~---jA JC-Onilials) _3,_,__~ ~::::Jll1ili;IIS) 16 , " , "", . ".',".." ' .' J,' ,""' ' '. ' . ".:" '.',.., " ", '.' ~. PRELIMINARY EQUITABLE DISTRIBUTION ANALYSIS CLIENT: __L_o_uise.KnighL___._ Dat~ of Marriage: _5/J9J79_~ DATE PREPARED: 11/8/00_(updated.1/5/01). Date of Final Separation: .4/27199 (updated 10/31/01) EDWARD J. WEINTRAUB & ASSOCIATES: Prepared By: .EJWIWLS ASSETS ESTIMATED TO TO VALUE HUSBAND WIFE Real Property $ 360,000 $360,000 Marital Home Vehicles 0 1994 Concorde (W) Wash 0 Concorde 1994 Voyager (H) Voyager (traded) Checking Acct, Cash PSECU (Jt) (6/30/99) 7,022 7,022 PSECU (H) ('12/31/98) 54 54 PSECU (W) (6/30/99) 1,398 1,398 Savings Acct, Money Market Members First FCU (W) 3,173 3,173 (5/31/98) Members First FeU (H) 10,000 10,000 (3/31/99) PSECU (Jt) (6/30/99) 729 729 PSECU (H) (12/31/98) 12 12 PSECU (W) (6/30/99) 10,792 10,792 Life Ins. Cash Surrender Val. 8,682 8,682 (12/31/98) Personal Property 30,000 20,000 10,000 Art, Jewlry, Furs 102,000 2,000 100,000 IRA, Retirement Plans Schwab (H) (6/30/01) 16,356 16,356 Salomon, Smith, Barney(H) 151,214 151,214 (6/30/01) Malatesta, Hawke & Mck. (W) 394,473 394,473 (10/31/01) American Century (W)(9/30/Dl) 13,772 13,772 American Century (H) 13,772 13,772 Stocks and Bonds Kemper (Jt)(9/3D/Dl )(Scudder) 13,752 13,752 Templeton Growth (Jt)(9/3D/99) 9,695 9,695 Templeton Intern'l (Jt)(9/3D/01) 7,662 7,662 Colonial Int'I Horizons (Jt) 2,786 2,786 (9/3D/D1)(now Liberty) Fidelity Adv. High Inc. (Jt) 22,838 22,838 (10/8/01) Janus (W)(9/3C/01) 14.632 14,632 Monella (W)(9/30/01) 4,320 4,320 Salomon, Smith, Barney (W) 111,453 111,453 (9/3D/01) Fidelity (W)(9/30101) 40,141 40,141 USAA (W)(9/30/01) 28,181 28,181 'Balance after trust est. . TOTAL ASSETS $1,378,909 $825,383 $553,526 Exhibit "An EXIU.llLI..'.:B~ L"iS_UR~~.C.'1U.QLlCIE.S PhQCllix_~l1tlllalLifuns.lI t:lnc.c..Co mplIny.: Employee: G. H. Kniglll Policyholder: Trustees of the Managemcnt Scrvices Industry Group Insurance Fund Life Insurance: 5 100,000 Accidental Death and Dismemberment Insurance: S100,000 Maximum Benetit: 51,000,000 ll.S..:\..-\.Li(Unrur.allC.LCQIl] /lany.: Insured: Louise A. Knight Owner: Gregory H. Knight Effective Date: October I, 1981 Policy Number: 11181306002 Amount of Insurance: S I 00,000 Beneficiary: First, Gregory H. Knight; second children USA.\. l.ife Jnsurllnce Comp.am': Insured: Gregory H. Knight Owner: Louise A. Knight Effective Date: August I, 1981 Policy Number: 1118130600 I Amount of Insurance: SI 00,000 Beneficiary: First, Louise Knight; second children Arm):.Mu1ual Aid Associatioll: Insured: Gregory H. Knight Number: T-53293XOL Face Amount: $9,000 Effective Date: August I, 1970 Beneficiary: Mother and Father, Hale and Alberta Knight Bttlh.olJm:R.llli111 n d A gCllcies: Insured: Louise A. Knight Effective Date: December I, 1988 Policy Number: 19686 Amount: SIOO,OOO Beneficiary: Gregory H. Kllight - changed in 4/9/92 to Louise Knight and Cynthia Knight Zlogar (trustee) " LOUISE KNIGHT, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY, PENNSYLVANIA . vs. . NO. 99.2563 . GREGORY H. KNIGHT, . CIVIL ACTION. LAW Defendant . IN DIVORCE MAECJe~to_tRAN,SMILRE.CD.RD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of seNice of the complaint: Via Certified Mail, Restricted Delivery, on May 7, 1999. Affidavit of SeNice attached hereto. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff: December 21, 2001; by defendant: December 14, 2001. 4. Date plaintiffs Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: by plaintiff: December 21, 2001; by defendant: signed: December 14, 2001; filed: December 21, 2001. 5. Related claims pending: None. 6. Plaintiff and Defendanl have signed a Marital Settlement Agreement daled December 21, 2001. WHEREFORE, the Court is requested to enter a Final Decree in Divorce in compliance wilh Section 3301 (c) of the Divorce Code and Pa. R.C.P. 1920.42(a)(1) and 10 incorporate the terms of Ihe Marital Settlement Agre~n in ce wilh Section 301(a)(1) and (4) and 401(b) of the Divorce Code. Dated: /2/2/ lei /' Edward J. Weint b, Attorney for Plaintiff ;- r- ~ D: - ...... (=: - :::>~ O-~ ',l I..:. - O~ ~'? '~~~' ..:-':: j~ ..:.c;.'.-. ".) , , t . - 'J~ ,.::.;; '" )...- -~;" .....-.~ t <-' t,J{u ( \.d :"])u... c::: '.., l.l- - {3 0 C> . .' -....., ~ LOUISE KNIGHT, " " " " " " " IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA Plaintiff vs. NO. 99.2663 CiVIL ACTION - LAW IN DIVORCE n \/.) ,--) 1.;,,:; l.,,:. I -- ,- , , '. f : , : , -n r-: , , n , i::J , (', ..J , ~~) " , , < , \': r:? ' , ,., ~~;! :..1 :....1 ~D -:. -' -< GREGORY H. KNIGHT. Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF DAUPHIN AND NOW, this 13th day of May, 1999, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Emily A. Fritz, who being duly sworn according to law, deposes and says that on May 5, 1999, she mailed a certified copy of a Complaint in Divorce by certified mail, restricted delivery, return receipt requested, to Defendant, Gregory H. Knight, and the. same was received by him on May 7, 1999, as indicated by the return receipt card which is attached hereto. f<' lIu. '- Emily A. Fritz }\JL~ Sworn to and subscribed before me on this .l3!..-l'-t'Jay of 11~ (j , 1999. ,/; jLLUAC() / it :J /1--/~ N~ary Public TfT= rr: OUt'fma J sNotar,at 5tH11 -.. Ii frcmlmp/ N I My Co~~blJrg, DJuphlno~ry PublIC IS.lon (k.Plrl.)$ Oct UTHy 2.2000 ,/ ; Ij!)) " :,'i I lj LOUISE KNIGHT. * * IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY . PENNSYLVANIA Plolntlff * vs. * NO. q (I. j s~(;, ,:3 (:'.vJ T;..l...... * GREGORY H. KNIGHT. Defendont * CIVIL ACTION - LAW IN DIVORCE * COMPLAINT UNDER !i3301 OF THE DIVORCE CODE 1. Plaintiff is Louise Knight, who currently resides at 2 Northfield Way, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Gregory H. Knight, who currently resides at 2 Northfield Way. Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Parties were married on May 19, 1979. 5. 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. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. , ' .' ". \ ,I " " ~.'" . . . .' ", '. . ' .' , " ,', . " ' . . \ . . " " .'. ..... .-,..... ..' WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER ~3323, ~3501, ~3502 and ~3503 OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 1 5. Plaintiff requests the Court to equitably divide, distribute or assign the martial property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT IV. REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER SECTION 3104 OF THE DIVORCE CODE 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 3 VERIFICATION -" ..-'-, I. Louise Knight. hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: . I ~;"/ff /' \.. /'1 . 1. / (.( , lO(04ise Knight . '.,. I., ,"',.. ",,"', :r','" . , I,' ":,;' ',: .-. .', ;," ,,.. '.,' .' .', "'1 '1 ) ~ i ,~ ~ *r~~ ~ ~ ~ ".. ~, 1~ i ~ ~?? '-' 1= ~ "- 'C) l.J~ \ t-.; l.-:: ~:~~ ~ v., C' UJ ...~ (" ."- .~ ()"~I ~ ~~ (,<0 1.,..:;-._ u: ~ ~~~ t,>;!;. --~ c.' '~-! S:! 0:;': <0 :"'1,, ~, ~ ~ uJ....... N ;Jz [[U;_' "'z '" 'n Y5 c.: i:JdJ ~, ,t- el. 1,00... ....... " "'" ,.... o<L "'" u" 0-" :.5 u (J'\ u , , \ i ~ " , " ',', .' . , ,'., .. : "..,.., ", '. .,' .!' ',: ~ , ',""., .' ' : " ",. " '>- ..0 ~ 9; .~ ,z:. LlJ~::? - ::J~ - t:>....... ( )~, , ()~ ;i: ~:- .'- :-!'"j 0<:::: ,1::> ):~. ;';~ ::-1 ~ , ('J );- .... (..) <"42: I_t. tC) l,llw I:: C. ~1:lU... ....:r-:: :1. ~ () 0 U ...1'''. LOUISE KNIGHT, . IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA NO. 99.2563 Plaintiff . . . V5. . . CIVIL ACTION. LAW IN DIVORCE GREGORY H. KNIGHT, Defendant . AEEIOAVILOF~CONSENI 1. A Complaint in Divorce under Section 330 1 (c) and (d) of the Divorce Code was filed on April 28, 1999. I I I \ I I \ , , \ \ 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: I k \)..e...I-~ leV \ ~~~g~~,~4- , ,. " \, ,,' r " ;' " " _ ,... \D ~ i.:I- ~ (-.... :J... :.!l, - C):;:t: '~::~ (~i c ).c::. ~ -~ '.;); :' ' )-1 _o>c ,;"cn "l'. N :)2; i7J' ' :i}f5 : ~- ,-, Lu ~a..; .-, CO - u. => 0 <::) 0 ...... LOUISE KNIGHT, . IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA NO. 99.2563 Plaintiff . . vs. . . GREGORY H. KNIGHT, Defendant . 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 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in 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. Date: 1 2/.2/;; i r ' ~:<-...'/ // Loui e Knight, Plaintiff ( '- r-. ~ ~ .'" :.-, <f' ,-, - C~, .,'- - (..)~ "- (...)~ ~'- '. :.;:; ":_I~ .-. , ;;.5- '..', ~..)' (r) r..' ~ " C'-.J -1;~ i...J' '.r';rtj . , <...' CUt '.-- L...r ron.. C. -;; ;, ::> '_,I 0 U . - . i I : j I i ! i i I I , i I , : LOUISE KNIGHT, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY, PENNSYLVANIA . vs. . NO. 99-2563 . GREGORY H. KNIGHT, . CIVIL ACTION. LAW Defendant . IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 14' v~b 2m \ G"j "'I H,~ kt-- Gregory H. Knight, Defendant F LOUISE KNIGHT, . IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY, PENNSYLVANIA * vs. * NO. 99.2563 . GREGORY H. KNIGHT, * CIVIL ACTION. LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Emily A. Fritz, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on May 5, 1999, I served a true and correct copy of a Complaint in Divorce upon Gregory H. Knight, Defendant, by depositing same, postage pre-paid, certified, restricted delivery, return receipt requested, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Gregory H. Knight 2 Northfield Way Mechanicsburg, PA 17055 Date: ")/-5I'1C) c~" .' c:c" .\, C] Emily A. Fritz~ \ .......,.., " . ,"', ,r ~, ":' , .' ','.r',.' I " " " " ' , "'~' _ ' " . '.'. " " . . . . .,.' ,,' . -. .,'. LOUISE KNIGHT, * IN THE COURT OF COMMON PLEAS Pllllntiff * CUMBERLANDCOUNTY, PENNSYLVANIA * VB. * NO. 99-2663 * GREGORY H. KNIGHT, * CIVIL ACTION. LAW Defendant * IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss. AND NOW, this 13th day of May, 1999, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Emily A. Fritz, who being duly sworn according to law, deposes and says that on May 5, 1999, she mailed a certified copy of a Complaint in Divorce by certified mail, restricted delivery, return receipt requested, to Defendant, Gregory H. Knight, and the same was received by him on May 7, 1999, as indicated by the return receipt card which is attached hereto. S--. ' ( l U\ \ ( ~, Emily A. Fritz , \ \:-l L~'~ G Sworn to and subscribed before me on this ~"-day of I)l..:? ~ 1999. /.' ^ , ~) I ~ 11--i't<. .../ -- ()Ul!("'_J .tyotJ~'1 , " ,)frl/ . h;m'.<;bw (, nmpl, Notary p , i My Cnn1n! "g, Daup111n C ubllc ' '!'~,ron f: );PIr '" aco:mty COl. 2, 2000 i .~It. bn. 1 lrnVor 2 for IddItiCllVllIDMcN. 'i -CamPlOf. fttml 3, .., and 4h, ,-Print your Mm' and add,.... on the ,......rM of IhI, form ao ttlIl WI CM return lhl, card 10 you. -AriICh WI tonn to tht front of the rMllpl&Oe, or on the ~ck If "PIca dc)q not oonnIl. !! -Wrlt,-Retum RlClllpt Reqll4Mt-.:1" on the mallpiKa boIow thlortlelo number, jj IThe Rltum RlCe/pt wi. .nOW 10 whom the &nld. wal do~ andlhe dele lS dollvo,od. f 3. ArVel. AddresllOd 10: G-\"=e.c~cv~ l-~. 'G,'ICJ\\.~ d. NO.>\\-{bd \'Ca.~ \'hcc..V'O.n'c''::> \uu..1Y ~ f7o-SS"" 5. Recolvod By: (Print Namo) ! .!I f also wish to 'ocoJvo lho fo/lowlng solVlee. (fo, on .xtra f..): 1. CJ Add,....... Addr./lS ~ ~slIlctod O.lIv.1)I ! Consult postmosl., for f... t 4a. el. Numbo, J 4b. SONles TJ. ':0 ~ o R.gl.I.,od 'E(C.rtJftod I o Exprasa Mall 0 InSUred f o Rolum Receipt for Mon:I1&nd.. 0 COO 7. 0.1. of Dellv.ry /.~..)~t;"G ~ I<V .~ ~ - 8. Addr.....'. Addr... (Onlj roq od and lee Is paId) 10; 1 (~. W99 '" , . '. '. . .- ...............;. .... r-. , , C': , " .' I , ,-J , I;' ..,.. (:.:., 1"-' ~ ., ., (") c.;", < .' " ", ", . ,",' :'", ' "I, ", ",' "'".'" ,',' .," '. '..', :', ';': ','~"":,, " ,', ';', . ,,'," , -:,. . l' E LAW OFFICE DWARD J 2650 NOR . WEINTRA HARRISBURG TH THIRD STREE UB 1717) 238-2200 ' ,PENNSYLVANIA T " 17110 FAX 17 17) 238,9280 NOV 2 3 ~ ./,"...."'..\...,., "'.",' ""''''.,.^~'w..,'',.," ...._'......I/lI" . ~ i ..... LOUISE KNIGHT. * IN THE COURT OF COMMON PLEAS , i Plaintiff * CUMBERLAND COUNTY ,PENNSYLVANIA * vs. * NO. 99-2563 * GREGORY H. KNIGHT, * CIVIL ACTION. LAW Defendant * IN DIVORCE ORDER AND NOW, this 30~ day of November, 1999, upon consideration of the within Petition and Stipulation, it is hereby ORDERED that Plaintiff, Louise Knight shall have exclusive possession of the marital residence at Two Northfield I I I I I \ I \ Way, Mechanicsburg, Pennsylvania, pending entry of a final Decree in Divorce or further Order in this matter. By the Court, J. nl"l~n{)i=,r::~:,r.~ CF -!",I /--: ::',t"~:!":""';'\':Ti):n''I 99 {![II' 30 ,"ii II: 42 ell'",.:,,,:,.;,, "n:j'.rry l.,..,_;,u",;.. "''''1 1'1 PEI~NSYI_VAN:A . 1 J' ~. _ _, .., " " . " . LOUISE KNIGHT, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY,PENNSYLVANIA * vs. * NO. 99-2563 * GREGORY H. KNIGHT, * CIVIL ACTION - LAW Defendant * IN DIVORCE PETITION FOR APPROVAL OF STIPULATION FOR AGREED ORDER OF EXCLUSIVE POSSESSION OF MARITAL RESIDENCE Plaintiff, Louise Knight, by her counsel, Edward J. Weintraub, Esquire, files the within Petition and in support thereof avers as follows: 1. Plaintiff initiated this action for Divorce on April 28, 1999. 2. Plaintiff and Defendant are the owners of Two Northfield Way, Mechanicsburg, Cumberland County, Pennsylvania, which residence wife occupies with their children, Rachel L. Knight, born December 23, 1982, and Alexander F. Knight, born November 23, 1986. 3. At Plaintiff Wife's request, Husband has vacated the marital residence, which Wife continues to occupy with both children. 4. The parties have mutually agreed that Wife shall have exclusive possession pending final equitable distribution and the conclusion of their divorce. 5. The parties have executed a Stipulation for Agreed Order of Exclusive Possession (attached). which they desire to have entered as an Order of Court. WHEREFORE, Petitioner respectfully requests that the within Stipulation be entered as the Order of this Honorable Court. Edward J. Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 717-238-2200 ATTORNEY FOR PLAINTIFF , , . ",,', . . :' .,,~ .' '. :' " -, ' ,", " ',' :',' . ~J ' ,.' ," ',' . " .':' t. I ': ", .:. ' :, " " , LOUISE KNIGHT, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY, PENNSYLVANIA * V5, * NO. 99-2563 * GREGORY H. KNIGHT, " CIVIL ACTION - LAW Defendant * IN DIVORCE STIPULATION FOR AN AGREED ORDER OF EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW, this j8/<'" day of /lIOV'Uube.-.__ , 1999, the parties herein mutually agree that the Plaintiff, Louise Knight, shall have and enjoy q~ 1/1/>1.99 exclusive possession of the {,am.11 marital residence located at Two Northfield Way, Mechanicsburg, Cumberland County, Pennsylvania, pending the entry of a final decree in Divorce or further Order in this matter, without prejudice to any position either party takes on equitable distribution issues subsequently raised by either party in these proceedings. ~"'I N.~ l+ Gregory H. Knight, Defendant /I13~1 f r J. Date - ~: N >- ',.:.::" c:: t::; , ~2 ~-)... ,( ~ 0-) ( ,. .-. I. )..;~ . ( \ .. .-- ,;j I., i ~ ,.. ,-.J ~ (' (I) N ..J,..-. "-2 .: L -"" 1,nli1 -' i::.:: :..'lo.. '" -" - (3 '. (-',",\ C) (J' ,~ t 4 f '. ..,' '.' -', . ','.' "', .,' . LOUISE KNIGHT, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA Plaintiff VS. NO. CV-99-2563 GREGORY H. KNIGHT Defendant CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Jane L. Fisher, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on December 6, 1999, I served a true and correct copy of a Petition for Approval of Stipulation for Agreed Order of Exclusive Possession of Marital Residence, filed on November 22, 1999, upon Keith Brenneman, Esquire, counsel for the Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Keith Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 Date: \;) \ \? l.i5 / -PvO-l~ l lk'V'-"./ L. Fisher - ',.' '".:. " .', oj'''' ,",' "'.''" ,':'::',':.", ,',' . " '- -0' r' b~ I - l~>' I' i. -~ l L. , ;', c.,:) ll,; I ( , :t I I ".., l-.. .; ~ rr, :", C...' .' .J ': . . ,:. . ' .' " J "f ,,' - ,r~ . ~ '. ", ',;' . ,.,' ." ':.' .- \ ',' WHEREFORE, Petitioner Gregory H. Knight requests this Court to direct Respondent to pay Petitioner alimony pendente lite, counsel tees, costs and expenses. -2- SNELBAKER, BRENNEMAN & SPARE, P. C. Date: February 14,2000 By klJ4t,/,~ Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Petitioner Gregory H. Knight LAW CFnct:1O SNtLDAKER, BI'~ENNEMAN a SPARE .' "" I ' '.' I ' " ". . " "., '. I,. ',' , """ . '." . . , " ..... ""'. '~-. ". ~ . " '. :, .~, >;; ., ',',', . : f , I i , ! i I l4W C1tlCl,j SNlL U41o.:t.:~, O'llNNLMIIoN ti: ::>PAI1l ~ ( II '-:~- --.~; " VERI FICA TlON - J ''';(' ".., "" ""'."",,, ..d. ;" 'h, f"",";", p""""",, .. "". "'d "'''''''. 1 ""do,,,,,, ".., f.l" "",.m,"" '-" M' "''''. ,"bj,. '" lh, P"I"~ <>f 18 p'o.S. Soot;"" 4909 relating to unsworn falsificalion to aUlhorities. Date: 14- Ff~V'^^J 2000 G'~ ';;it. Ii I?~ 4-: Greg 'Y H. Knight _ ~~ I I I I .~ '~ .' LAW OrflCUi SNEl.DAKCR, [3RCNNl:MAN 8: SPAHC CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Petition to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Edward 1. Weintraub, Esquire Edward 1. Weintraub & Associates 2650 N. Third Street Harrisburg, PA 17110 ~ ~ . '...,.".~'..,,',.', ;-..~'\'..'....:,I',.'.,--'. '.,...~', Kel O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, 1'. C. 44 W. Main Street P.O.Box318 Mechanicsburg,PA 17055 (717) 697-8528 Attorneys for Petitioner Gregory H. Knight Dale: February 15, 2000 " ."~ ,I :>, ~ ~-{.. r m u ~ 2? ~~ () &:: 2 ~ ~ fJ ~. ~ " cJ ".. . , ":. . LOUISE KNIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. 99-2563 CIVIL CIVIL ACTION - LA W GREGORY H. KNIGHT, Defendant IN DIVORCE IN RE: DEFENDANT'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES ORDER AND NOW, this ~-,.. day of October. 2000, the movant having failed to appear for argument on the motion to Compel Answers to Interrogatories, said motion to compel is DENIED. BY THE COURT, - . /Ii. Edward 1. Weintraub. Esquire For the Plaintiff top;af) -1YI~ IO-Lo-OQ ~){3 Keith O. Brenneman, Esquire For the Defendant :rlm .. ." :' '.-, lc.. /." ":;", t, '.'. ~-~(l.h,.., ., ' '~:.' .'. t.;': i ~"f:' , ". ", DO \'t:'~ ;',J/;t'7y ", /" /0 . -' '..;,- I') _', ". / \"{~". (J. /'0 f/~':':i';1 " Pctli\ShZ':/~' C;CU!\'7" '''.~1!1 - r I I , .", ?', " , 'J. , , . , \ J8 ' ,/ , SEP 1 8 2000 SNELBAKER. BRENNEMAN 11 SPARE ^ I'Il.OII.')')IONAl CORI'OK.AlION AITORNEYS AT LAW 44 Wr~T MAIN ~TIt[[r MECHANICSBURC. PENNSYLVANIA 17055 p. O. ROX :m-l r ACSIMILE (117) G'J7-7G81 RICHARD C. SNlLBAKI.l{, KUlH 0, bk.-rNNtMAN PHILIP H. SPARE 11/-(,D/H':...i:m September 14, 2000 The Honorable Edward E. Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013.3387 Re: Knight v. Knight No. 99.2563 Dear Judge Guido: Please note my representation of Gregory H. Knight, the Defendant in the above matter. Edward J. Weintraub, Esquire represents Louise Knight, the Plaintiff. I am writing to you with the knowledge and consent of Attorney Weintraub, who has approved the content of this letter and the enclosed order. On July 12,2000 you entered an Order at the request of tile Plaintiff scheduling a hearing for October 6, 2000 at 8:30 a.m. on the Petition for Alimony Pendente Lite filed by Gregory H. Knight. In the same Order you directed that discovery be completed in preparation for the hearing by September 22, 2000. I write to advise you that the parties appear to be making meaningful progress in settling all issues between them. Accordingly, Attorney Weintraub and 1 are requcsting that the discovery deadline and hearing datc scheduled in your Order of July 12, 2000 bc continued generally and in the evcnt this case is not resolved as anticipated, that a hearing date and discovery deadline be established at a later date by the Court at the rcquest of either party. I am enclosing a proposed order for your considcration. If a formal motion is required to continue the discovery deadline and hearing, kindly advise and one will be submitted to you. y our~/Y &..fht'#1tl - Kcith O. Brcnllcman KOB/sz CC: Edward 1. Weintraub, Esquire . " . , " ,. " ", . , ~ .,. . : .' , ~.' - . ),,', '" . , . , :. . ':,:. -". . '.. ,., ;' '. ~ : . , ','. ' '. . ~ . . ""..' ,:'. ... . ". "',, .. ," ..:: .'.' " . ';,." . ..,... . "'" ,." ",'.' . :: ;' . . .' :".' : LOUISE KNIGHT. * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY. PENNSYLVANIA ~ vs. * NO. 99-2563 * GREGORY H. KNIGHT. * CIVIL ACTION - LAW Defendant * IN DIVORCE (AL lERNA liVE) ORDER OF COURT It is hereby Ordered Counsel for Plaintiff and Defendant shall appear without their clients for an in-chambers conference in this matter on . 2000. at (OR) ORDER OF COURT It is hereby Ordered that Plaintiff has shown sufficient evidence to warrant a separate listing for a hearing, which is set for ~ 10 in Courtroom ~ of Cumberland County Courthouse. ,2000, at&:h,.4.;I1 . siall u ~ ,'c.I~ It is further Ordered that Plaintiff can engage in prior discovery :::Rtl a;;;.y ~~ CO..../lIc.tR.J "1 <;~f..e....j,e-c. ~..2.1 ..J.ooO. Ali,tlO'I)' PSf:lrfontp I itp. rnt"\fnnir::l('Q r-h211 bg dgfefl~J ulltll JbI,;UV~IY Is l;OITlplelea: Date:71~D1> J. , , ' " . .' ,_..' ,-, . .,' " . . ': I, ,,' " " "h".' 4 .'" ' , ;-'I':;,,:";{ ~ ~ , } I !. ~ l .~ I, I. f I , J I ~ ,:"'t ill! '0,.)'.. ,-. , ! ~, '. : ,',.. '.: 19 "1"\' I: :j:"lf (I i~.'. ','....: ",:; "'::,'. ....>I.n.... ')1\'" ,'\ i-'d'H<::. :"':".'.1 LOUISE KNIGHT, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY, PENNSYLVANIA . vs. . NO. 99-2563 . GREGORY H. KNIGHT, " CIVIL ACTION - LAW Defendant . IN DIVORCE PETITION FOR SEPARATE LISTING AND HEARING OF COMPLEX SUPPORT (APL) MATTER AND FOR LEAVE TO TAKE PRIOR DISCOVERY AND NOW comes Plaintiff/Petitioner, Louise Knight, Esquire, by and through her attorney, Edward J. Weintraub, Esquire. and respectfully represents as follows: 1 . The Petitioner is Louise Knight, Esquire. the Plaintiff in the above- captioned Divorce action and hereinafter referred to as Wife. 2. The Respondent is Gregory H. Knight, Esquire, the Defendant in the above-captioned Divorce action and hereinafter referred to as Husband. 3. The parties were married on May 19, 1979, and separated on May 5. 1999. 4. Wife filed the within action for Divorce on April 28, 1999. 5. On February 15. 2000, Husband filed a Request for Alimony Pendente Lite, counsel fees. costs and expenses, but requested no hearing, as settlement discussions were being pursued by the parties. 6. In the Divorce action, Husband sought discovery from Wife to which she responded on May 23, 2000, providing Answers to Interrogatories and documents requested by Husband, including all data relevant to her income. 7. On June 7, 2000, Wife's counsel received notice that Husband's , .' .. . . ,'. .' I" .' '. '" ........... counsel had sought to schedule a conference at Domestic Relations on Husband's claim for Alimony Pendente Lite and the Conference was scheduled for July 5, 2000. 8. 8ecause Plaintiff and Plaintiff's counsel will be traveling out-of-state on a church work camp and preplanned vacation respectively the week of July 3. 2000, a request has been made to reschedule the Alimony Pendente Lite conference until August or September, 2000. 9. Husband's counsel consented to the delay but opposed waiting until August or September disputing Wife's need and right to seek discovery. 10. Pennsylvania Rule of Civil Procedure 1910.11 (j)( 1) provides" Promptly after receipt of the notice of the scheduled hearing, a party may move the court for a separate listing..... 11 . The parties had agreed to file a joint tax return for 1 999 (which has generally been coordinated by Wife) and Husband gave her the reasonable expectation that on or before April 15, 2000, she would receive from Husband all relative data regarding his 1999 and current income. She received some information regarding his 1999 income but none regarding his income for the first quarter of 2000. 12. Likewise, Wife has received no information regarding Husband's current income or earning capacity. 13. Husband changed his professional association in October of 1999, - ....... , ,," , '.. :,:,., ." J ,. !, ..... '. '. "". "... ',.', '}< . ,...,: ~., , .' ' . ..' .: J ' moving the practice from Harrisburg to Carlisle. 14. Wife hils requested voluntary production of Husband's income, but these requests have not been honored by Husband. 15. By the within Petition, Wife moves the Honorable Court for a separate listing and hearing of this matter because: a. Plaintiff has no evidence of Defendant's current earnings or earning capacity and needs reasonable discovery to obtain both prior an Alimony Pendente Lite conference or hearing in this matter. b. There are complicated issues of law and fact including the extent to which Defendant Husband has voluntarily reduced and impaired his own earnings and earning capacity, particularly due to his chronic drinking problem and unwillingness to seek professional help for it. c. The hearing in this matter could be protracted. 16. Only by granting a separate listing can the Court provide Wife with discovery pursuant to Pennsylvania Rule of Civil Procedure 4001, et seq. 17. Plaintiff believes and therefore avers that Defendant Husband has sufficient funds to meet his reasonable needs until discovery and a hearing can be completed and, in the alternative. Plaintiff renews her September 22, 1999, written offer to provide Husband immediately with interim equitable distribution of $100,000. 1 B. Wife wishes to obtain a separate listing and engage in discovery , .' _.' " l . I.. ',- ~ .." : j . '. . '" " ~ . , ~.-. " C') ?:: -' .~.') - .) . t." . ~ ~, J..:': j.,.' rj; 'I (.... 1/ ::1_ 'oj (j 1-' . -:;-! } -' , . . . ~ . i .' , ; LAW OFFICES OF EDWARD J. WEINTRAUB & ASSOCIATES PRACTICE LIMITED TO FAMILY LAW 2650 N, TIIIRD STREET HARRISBURG, PENNSYLVANIA 17110 (717) 238.2200 FAX. (717) 238.9280 E.MAII.. EWDIVORCE@AOI..COM Edward J. Weintraub Elizabeth R. Davis Legal Assistants Heather N, Carey Jane L. Fisher Emily Vislocky MEMORANDUM TO: Mr. Pierce Cumberland County Court Administrator's Office FROM: Misty D. Lehman Legal Assistant to Edward J. Weintraub. Esquire RE: Knight v. Knight No. 99-2563 DATE: July 11, 2000 Enclosed please find the Orders and envelopes required to process the Petition for Separate Listing and Hearing of Complex Support (APL) Matter and for Leave to Take Prior Discovery. The Prothonotary's office misfiled this document, therefore it is imperative that we get the Order signed as soon as possible. Please contact me if you have any questions. EJW:mdl Enclosure .' .' I" " , ...'",'..,.... ~ . . j ': .", " . J' .'.' .. ., ,. Interrogatory 8 (Page II). Plaintiff's answer to Interrogatory 8 is unresponsive. In addition, the burden on identifYing the securities is upon the Plaintiff since they are in her possession and her overture to inspect securities at the marital residence is unacceptable, Interrogatory 9. Plaintiff's answer to this Interrogatory is incomplete with respect to the information requested, Interrogatory 12. The answer provided by the Plaintiff is non-responsive. In addition, the documents upon which Plaintiff relies in response to the Interrogatory have not been properly verified as required by applicable Rules of Civil Procedure, Interrogatory 13. Plaintill's answer to this Interrogatory is non-responsive. To the extent Plaintiff intended to refer to a response to the Request for Production of Documents, that response is not properly verified by the Plaintiff as required by applicable Rules of Civil Procedure, Interrogatory 14, 18. Plaint ill's answers to Interrogatories 14 and 18 refercncc a document dated Scptember 22, 1999 which has neither been signcd nor vcrificd by thc Plaintiff or attachcd to Plaintill's response to Intcrrogatorics, Interrogatory 21. lA""" ornc(S SNELAAKER. BRENNCM....N 6: SPA.RE The answcr to this Intcrrogatory is non-responsivc and additionally, suggests reliance -3. ..' . . , ."... " - .'.' , - . . @Ii I' I: !I Ii II upon do~ulllellls in answering InlelJogalories that have 1I0t been produced to the Defendant. Ii WHEREFORE, Ddcndalll rcquests this Cuun to issue an Order cumpelling Plllimif'rto Ii :'CIVC full mid cumplete Answcis Iv illLcllugalorics ). :C, 3. 6. 8 (Page 10 and Page II). 9. 12, l3, I' II 1/14, 18 and 21 uf De!clJdalll 's First Sel oflntclJogatories Directed to PlaintitT or suffer further I san~tjOlls upon applj~ation to this Coun I ! I , I I I I I I jDatc July 26, 2000 I I SNELBAKER, BRENNEMAN & SPARE, P C 140t~HU-L-____ By _'___________.. Keith 0 Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (7 J 7) 697.8528 Attolfleys for Defendant Gregory H, Knight , I /, I ; ! 1 I j I I 1 , , A ',~ ',I t ... l i, ~)r.Llll~hl. H l~hl I H.l. r.\AI'~ ti ~;i'~ h1 -4. '" ,..-... INTERROGATORIES 1. State the date ofYQur separation from the Defendant, If that date was prior to the date that Defendant moved from the marital residence at 2 Northfield Way, Mechanicsburg, describe and state the basis of your contention that you were separated on and/or after that date, ANSWER: 2, List all property whether or not said property was owned solely by you, which you have disposed of, thrown away, sold and/or transferred on or after January I, 1994. indicating its monetary value and where applicable, its current location and the identity of any person in possession of it. ANSWER: L....w O/,"ICI:l> SNn..8A.KtH. 6At:NNtMAN Be SPARe: -4- [ I f. , . .' ; " .. ,,', - , ' , ,',, ~,,~_. ' . ,.'-'. .' \., . J ' .' .~_ ..... ..' "o:r. ,,,",, 4. IdentitY all debts, loans, liabilities, charges and mortgages for which you are liable or responsible, whether alone or jointly with another or others, stating the loan or account number, the identity and address of the creditor, the amount of the debt, loan, liability, charge or mortgage due, the payment schedule respecting same and the date and amount of each payment made by you on each since the date of separation, ANSVv'ER: LIlW or"ICt,. SNE:LeA.KE:R, GAENNCMAN 6 SPARL -6- , '.: ,,' . :....,.- ,':..., .' '>' :. .,'..' ::, ~ "','.' ~ '" ,~, "";. ", '~, :",'," '~'.- , .' ,~. ,...... , ' 5. IdentifY and describe all property in your possession, custody or control which you contend is non-marital property, For each item of property, describe the factual basis for such contention, its present value, its value at acquisition and the date it was acquired by you. ANSWER: l.....w orncu. SNELIlA.KE:R, I URl.:NNEMAN -7- & SPARE I . . .. ' I ': .', " '".",' ,'" - - : '. ,,;",' .:..-,' ': :. " , :, . . " '.' . ' .' . : r' 6. If you own or have any interest in any household goods or furnishings, identify each and your interest therein; stating the price paid therefor, its present value, the basis or method used 10 detennine its present value, its location and the name and address of any co-owners. ANSWER: l""W O""I(;[S SNELDAKtR. BACNNEM....N a SPARr~ .8. '. .,', , ' '. : " .. '.:': '. t' . . ~ .:', .' t, :::, . , '" , -', . LAW otnct~ $NCLOAKtA, DRCNNtMAN 6 S"Af~C ~ r- , ~ , '." . " , . ". '.", I' " . " .' ': '. . . , 8, For any stocks, bonds or other securities of any kind in any governmental body, company, entity, firm or business, whether joint or individually owned by you from January I, 1994 to present, state: (a) The name and address of the entity issuing said securities; (b) The serial number of each bond, share, certificate or other security document and the number of bonds shares, certificates or other security documents represented by each serial number; (c) The date and method of acquisition (by purchase, gift, inheritance or otherwise); (d) The amount of dividends received from each security from January I, 1994 to present. ANSWER: -11- ""'" r-- 13. Is your interest in any such entity identified in response to Interrogatory 12 affected, in whole or in part, by any document (partnership agreement, employment contract, stock redemption agreement, buy/sell agreement, non-compete agreement, etc,)? If so. identifY each such document by title and type of document, date and entity to which it applies. ANSWER: lAW O,....lCI:& SNELBAK\:R. BRI:NNr:MAN 8: SPARE -15- , . " " ." , , : . ~. 1 . I ',' ',' < . ,.' '., . ~ ,,-., 16. State the name, address and phone number of your personal accountant and the accountant (if different) for any business in which you are involved or have any interest as a shareholder or partner, ANSWER: LAw O""-ICt.. SNELBAkER. BRENNEMAN 6: SPARE -18- I I ! , 'I :/ rl I I i i I " " I i ~ ! , i ,. I, . - ~- - '-, ." ',': - . . . "" , . ., ,r--, 20, For each trust that you have established or created, or in which you are identified as settlor or trustee state: (a) The date when the trust was created or established; (b) The identity of the beneficiaries of the trust; (c) The source and amount of all funds or property placed in trust; (d) IdentifY all documents that refer or relate in any way to the trust; (e) The purpose of the trust; and (I) Whether the trust corpus or principal was or was not marital property. Ifit is claimed same was not marital property, describe and state the basis of such contention, ANSWER: LAW Ol"".crs SNELBAKER. BRENNEMAN 6: SPARe -22. , . , ' . .. ' . ~.', I ,\ '.. .;: ,/ .. : ~ . ."" , . .~. . ..; i /"". 21. IdcntifY any and all documcnts rclicd upon, consultcd and/or rcfcrrcd to by you for purposes of prcparing responses to these Intcrrogatorics, ANSWER: LAW O"''''CE:S SNELBAKtR, BReNNEMAN a: SPARE: -23- Il.W O....U:c::. ....tLBAKCR. tE.NNEMAN (lSP'ARF. "'" ,- .' ...., . I , ,', ,'.": I . . _ ..' '. ..". .' , '.' ' , ',' ' , _ , ~, , .' ~ i , : .', " '. . . .-' .' " . ., .. ' , ,~ ~-, .. LOUISE KNIGHT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA : NO. 99-2563 CIVIL Plaintiff v. GREGORY H. KNIGHT, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S ANSWERS TO DEFENDANT's FIRST SET OF INTERROGATORIES DIRECTED TO PLAINTIFF TO: Louise Knight, Defendant and Edward J. Weintraub, Esquire 2650 N. Third Street Harrisburg, PA 17110 PLEASE TAKE NOTICE that YOll are hereby requested pursuant to Pennsylvania Rules of Civil Procedure 1930.5 and 4001, et seq., to serve upon the undersigned within thirty (30) days of service hereof, answers in writing and under oath to the following Interrogatories. SNELBAKER, BRENNEMAN & SPARE, P. C. I/r/h~ ate: Barch 28. 2000 By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attomeys for Defendant Gregory H. Knight EXIIIBIT B '""' ,,,"", tangible thing by any means, including, but not limited to, the original, non-identical copy, rough or final draft of the following (regardless of however or by whomevcr prepared, produced or reproduced): books, records, reports, memoranda, notcs, lettcrs, telegrams, diaries, calendar or diary entries, schedules, maps, graphs, contracts, studies, analyses, instructions, photographs, tape-recordings, computer tapes, computer disks or diskettes, telex or fax transmissions, correspondence, messages, CD-ROM, drawings, forms and work paper or any other thing in which any matter is memorializcd, These Interrogatories shall be deemed to be continuing Interrogatories, Between the time of your answers and the time of trial, if you or anyone acting on your behalf learns of or obtains additional infonnation requested herein, but not supplied in your answers, then you shall promptly furnish a supplemental answer under oath containing the same. L.Aw or"ler.:, SNEL.BAKER, BRENNEMAN &. SPArHf -3- t,.AW Cl'"rlCU SNtL:l!lAKtR. BnENNEMAN a SPAR( ,,,"",, 3. As of the date of separation, please identifY by account number and bank name or financial institution, each and every bank account, whether savings, share or checking, that you had an interest in including the name of the institution, the address of the institution and office, the account number, the balance of the account at the time of separation, the current account balance and the names, addresses and relationship of all owners or authorized users of the account. ANSWER: Plaintiff maintains as co-owner account for the parties minor children which accounts are believed by Plaintiff not to be marital assets. Attached are statements for the three (3) accounts under Plaintiff's control. There are at least two (2) other accounts controlled by Defendant, for which Plaintiff has no current statements. -5. , '.' . '. ". :. ~".' '. '.' . , .. ".." : '.'. '>.', : l' " . ~,.','. 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CHEClCOo6266', ' ": ' ' "':-;~ri;fo";ftf:ilii^:lZ495'i:." 8I LLPAYER CHeCK 042503 'FOR;'~. 00':'Y:7':!i",,;:t~.:::::":l;;{::~';"~;:}::':::C '.. ; WAS MAILED TO SAVE THE CHILDREN. WITHDRAWAL AT ATM .00007866 140.00- 10184.93 PAS;f;;:yfl~;~F~:~~~:;rem "<',!':':~':;~~:d.,:,u ";~r,;~~,.::t-~~~~"'.~;',L>: , ' CHECK 000271;' ,,' ":-'~\on;'6il'i;>'i1ii5ii.~h',,' CHECK OOOZ" ....{. &5.18- 11595.19 ~~~~ ~~~::~ , "...::4~;:,~~.:..,1"~:;~:~; , PAYMENT: DIVIDEND 2. oaOl: " "': ":,::::.~~1.,~.:>;;,';.Uel~4~'" ANNUAL PERCENTAGE VrElIl EAANEO ... OZl: FRO+lO'iIOllIlOT_I.lIlIM"ll~I.llO:,;,:,:,'::'~ .i': '.' BASED ON AVERAGE DAIl V 'ALANcE OF 2q .991. 74 " ,...,,~;.>.-:;::.. ..." ,-,,' ':' :", ',:., ENDING BALANCE 7881. 47 DIVIDEND YTD. YEAR TO DATE 163.B6 64/17 ,,04.f18' ,O~i18 04/18,' , 04/18 04/18 04118, 041.19' ., 04/~6: 04/20':' 04/20 04/20 04122 0'1124, ',,04/i4: 04124:, 04/24 01/21 04/24 0'112:4 " 04/25 04/25 04/25 0'i/26 ' 04121 04/Z8 04/2/1 04/Z8 DOl/3D 04130 .-, ~HAT IS NEW AT Pc U7 FIRST JOINT ONNER HOW APPEARS ON MONTHLY STATEMENTS. SEE NEXT NEWSLETTER FOR MORE INFORHATION. LOUISE KNIGHT JOWl' CWNI!II , '~';":~w~-~i:;j~:::i~;' 0167110:51195 :":~rj:~~~~~~::!!:' 04010~01i30_~~ PA6E 2 ...'.,-.....-."...'. "''''_''>''''''h . "'l\>~"'''''':l>';'~'. "....__. ""'''' ~~~~~~. ;;!E~:?f::, . .', -" :f~::;:;.:::>,:::; ..__......~,-'.....,.. ~.'. nlrrllllJrn Oll rOLlOllI'Nn;!,e~ STATEMENT ~CNO o,nCCT INourn'c~ TO A.CCOUNT .. toe, srCURitr NO. I ......:. .~~=::; .-:~.-:~" ..t.- THIIOIXlfl ,'"1, ..... .... _.. t . .. _I '," ' .' " . " . ",' . .) '~'" ~ , ,,'., .'" ',,'. ' ", ' '. - , no.l ...... ... ~ .... F"ROM : ,..-.." PHONE NO. : 795 8~' P.O, Box 67013 (717) 234.8484 (Hotrisburg) Horrisburg, PA 17106.7013 (800) 237.7328 (Notionwide) web.lt. . http://WWVoI.p.ocu.com ..,. '4._.._.,~ WHAT IS NEW AT PSECU7 FIRST JOINT OWNER NOW APPEARS ON HONTIILY STATEHENTS. SEE NEXT NEWSLETTER FOR HORE INFORHATrON. '",11I'1,111,11, /,/, ""1111' /,/" ,ull ,'1.,," 1"""'",111 !ltEGORY lCNI911T 2 HORTNFIELD WAY HECHANICSDU.6 PA 17055-1530 ~'~;.~{r'~~'~~!~~~~~~ :;::' "~T CJM.IER LOUISE A IOIIOIIT 022B62514 7 !;I~.::.i~L~~'~:; ;;.~-..""~:.."::.,,,:.. , ~_~0_1043000 PAtlf 1 - ~:::~:l'~"~:'~"';".,~~;;~;.;:::~:.-';::.;';E~~~:J ~~ 1i~1 04~Ol Ie 01 ..DUlAR INAAII IrO!NH%N' BALANC! 04/S0 PAYMENT, DIVIDEND 3,100X "':::"''''~;H;i._,.~_,,"''; ~!I.l!.~A,~..!~!\,c1i ,r.~~.:(IJ;,~~..E:A~NED :, ,3.1 ~ X:F~?~:~:~IO 1 ~,O~ ",-' "'-"c:r';:""::l,1;$"; ',? 'ilAfLV'oItALAllCl: ,:Ol'c'1;311 ,90.. .., ",' ':,":,'..",' ff~l~_Jliti~ . . .of"' ., "7l~~i~~1:~~~;J!.)::':,~,~'~~:.y:!,::,}IiFf:i:':~!::,; .,......anotI I . .:: .,.. -, '-, .=~., ' ,,:,,"'h~__~'.".'.:. !!O.~Q 131.Z3 0.33 THROUGH 04/30/00 ,.....">:,,.,' , "" ,,:,: !,::H.~3 .!l.'22,.,:: CD...D...............~....................~....&.........~~=======N...".........n..ft___ 0~"01 %D 04 CHICIeIHO allIllINllIlI MLANcI 0.00 ,,",P.~{,.!I.9,rl,,_.,,_~fl!I1,!.1l!I 'I'''s'~,~.".,..... '. .,., ,,..' . '.... "., " . , ~.oo, ::'''''~:;;)':;;:I;~::z~.='l.!l'; 0, C--..:r.o',l:IATE:.' '. ",".", :"'" ',":.':',' , " " , . 0,59 ". ..,l''''\..v:.,;:.,.....',,,..,;.;..,.........'tii/tf' . "'*'. .,~Q!~, "'l'''.'''~ ~. ^".. :.,.~ "'''" "" . , c.~'''~~ ' , uj!I ~_.......=""=".."'...........bO....!'...,o=,,=.."''''..'''=uu............. N:::::'~')i;':;;:~L'=i.:::, d;:;.'1riiitMrJi;J..~":::""""=,:;~.S...;;.,.~ '1';' ;'"0"0'';',;';:;. ::-::,:', :':"E'RI'ODZ'C .....ATE, C;"AI'LY)'03534"" .."',.,.;..;_....,.~.,.t...."A,'.."',., ....,.... ...---I;:...~I......,~I;J;.,'" ".., . "..,"'_ ";," .,. r- n;, ..., '. ...... 04~OI ID 01 ptL LOAN (C'EH END) BEGINNING BALANCE 0.00 04/30 EIlDlNe ;~LANCE 0,00 "~"""'j':,::'''.<;:"::;~,rf..~.~~IIJ~::,.~,O,.,..c;:~c!I~r.,A"~;~~~,~~J:t~?~o" " ,000 ,,', '" ,.."...."...".'"..."'....".,""'lIii.. '".,-""'j,'m""a,.IlATE"."....", _.... , ',., " " ;;;:;.i!ii_~~~~~..,..-'.i~~iii.~;.;.~...;;~.;.L...:."..;........n .'.Z%='~,~%... ",_. .:.. '..nau... ~;,'";;r;;~;;",.;I"".".,...l"""!l:iI:i',~"......'..;;;";..;'l:,,,.;;:.,._, "........." .". .., "':"::,' ',' '::,:::::~" ',:. ., . 'B1.... . "'::"":."!,.:~"'bi!":,';:;c;~alJHlC.."'..r_.......",..,y"_"..,TO,,DATE.., ,,' ...'"',, J.' " "," .,..... .\', :)u;~;rj':J..:o!~~:~~i::~\~ii;.~:~:.;~i;.'i;].?:.0.'~i!}:~::.' ::'.. "....:,', . '.... "'~:~.~-;,~ ,,":,' ~':: ':' :.: ," ..u~, P83 - - - - - , .1.... rod PO Bor iIO MtlCnanlc"tc.n9, rA 17068 www.membe1t.It.org MOl" SWltol1bor:l'd. 1711) G9i.l1Gl UI (000) ~03.a:320 <:1".24: 71 ~l ~O;.'373, or (COO) 283.'372 D'II...,o.": 71 7) 795.(iO~3 ur 1000) 723"352 Loan O,"t.r: (' 17) 19~.vO.co I)' 000) .03.2320 .XI. 50'0 Tol08l11noh: (711) 79~.tiO.9 or OUtl) ~J7.7~aB TUo lvlllll:'l1l1'll'Y"'''''"UCl:lir:') 097.531: 1)1 looo12e3oz32e Ulr, e)12 POflQlllllkancn; 111) 7S~'''O:iO or OOtl "0!S'3200 h4ortg~. Dltpt: 11' J '~~'COi'o l.J( UUlJ :!U.:H~;;S;t~ Ixl. bU~ts ro' CtRTIFICATE R~TES AS HIGH AS 7.00%. CALL OUR TELEBRANCH DEPARTMENT AT (800) 237.7288 OR (7171795-6049 OR VISIT OUR WEB SITE AT WHH.MEMBERSlST.ORO. , .."'., - .'. '.." .. j '----" "" " - " . LOU ISE KNIGHT 2 NORTHFIELD WAY MECHANrCSBURG PA 17055-1530 1."111..,,,,....1,/11/,,,.../1.1.1...11./1...11..,..,.1...111 1~~"'~~f~1 ,:.' , " " ,,:.. ..'.., ,SUFFIX ,00 SAVINGS 0~310 DIVIOENO ....;': ::..:.. "....:..:~~,..'.~.~..~:,. .......,.,....,,'.... .', Dfi"C~IPTlqN Oi' '''''N$ACno.. ""~'I d ' .., '.'..'..' '. ,.., "', " ...." ''''''.'''.~", ,,' ,".' .'..'.','AiiO@i:': .'..:ij~....~.., ..............--- '" "",..,....,....,...., '.,., " 96Q.,2,O,..., 2.33 962. '3 ....;:........;..---..:...;...,".,:.;..:",. "..........',',,',.... .,.......,,:....., '. ,_.,.",.,....'..,.. ....,'........""....'. ''',.. .",.'.".."......"... .. .. ......" "; . i JO INT 'OW'NERS; JAMES M" ;:{us.s.eC['......."....... ..... ..................."........ .. Y-T-O O.1V,ID.E.NDS '..ti...ll.3............, .,.....".....".................. , , ''''''j'''r i ! TRUTH IN, SA\(,INGS INFORMATION,...., ,.............,........"....... ANNlJAI. PERCENT AGILY.InD......., ' J.., ,2,..20,%, , ANNUAL PERCENTAGE YIELD EARNED I 2.89% ....,.."..,......."....." ,.,....,........,.."............., ...".............. 1-1: ;~;~;- ;i,r l~ki':;;";;,,N;-;;;;;.;;-- -"~':-~'~~::"'-----------::::::;:~;::tl!l:!~ 'I' I : ; ,........................'.."Y-T -0 0 IV WENDS ,..........'6';.(;'5...'............ ............"..., ' .. :.,..,:,',.'..,.',..,.,',.., TRUTH IN ..slivr;:.icisiNFO'R~iA'fI6N ............., '....'.... .............,......,.,.., ; ANNUAL PE iicENTACE Y IEL jj .."....,......... " I 2. O':.i'%"....".............", ..'................. '..,.................. ,....1. i i ANNUAl.. PERCENTAGE YIE.1.D.."EARNED ../......,2....02." ' i i -_!- . - -~~~~ ---.-----------------------------------.---------------- -.------.- ---- '. ":',' ..!M'g;'~A~~_U'AI O;"O:I:f ~Ti,,~;N X~T::~j~oi~'t ~C AHE~'~C:'HC.Io.~SG ::":..:,,.',7,", "9J;','g2". ';' .',.og ~",og ~6,: ~..--- -- - - -------=-::::-., _ ~Ll ;I ....TCrrAL. NUMS.E'R....DRAF.TS ..ClEAFfEO...'...".... . '..".. 'YO'iiil AVO".OAIL '("SA'LA CE".WA.S" ...........'7'39.88 ,'.. ' : ; lENDING BALANCE ,'.., ..652.,46 YOUR 1_01'1 MQNT.H B/Il.A CE I'lA:'; ......,6.~.46 ,., .;\J,4"",-..'9'" ..... --.",-, "'",,,,.,--- - ----- - --- -..,-,,1-- "",,_ ,!,,' NATURE (;UNSRYNCY ....,.......", ...", " , , ..... ,....... ; O~2~0 SHARE DRAFT' 637 ciiil'"iii"122iiff' , '...;;'90'.00.........652:46 '.h..................., ,..........,.......", ,.".............,... , ,";. ..1. · :' f' · . . . . . .. .....". It' . ...... ...." . . . ., .i.....~.,..... '."'-,' ...... . . * .... .. ..."..'.... . ..'...,..... t.........." No.! :,63.7 ! ' ......'.No. .......ANOliNT TOTAL:..", "...,90,.00...."....., A,",OIJNT 90.0Q" , NO .'AMOUNT"" ...iiO;...AMoUNT.." ''''j !. ".~ ! ; ............,.,.. ................ i '.:' 'r" I ",'" '-- .. .......-......"...,,- ,~ '.., ."" i t -1M, ....,u.._ 1 me S5L 'ON 3NOHd l.(JCj.:l ,......, ,_., 7. As to all real estate which you own or in which you have any interest, state: a) the location of the real estate; b) date of purchase and purchase price; c) name of all co-owners and their interest; and d) itemized operating expenses, including, but nOllimited to, ta.xes, mortgage payments, insurance, heating costs, utilities and maintenance costs, ANSWER: a. b. c. d. 2 Northfield Way, Mechanicsburg, Pennsylvania 1988, $250,000 Gregory H. Knight and Louise Knight Taxes ~ $4,800 per year Mortgage ~ $1,800 per month Insurance ~ $1,500 per year Utilities Electric ~ $3,300 per year Telephone = $300 per year (without tolls) Trash = $108 per year Cable = $270 per year Maintenance = $2,500 to $4,500 per year (amortizing inside painting keeping carpet clean, landscaping and yard maintenance, outside treatment of wood on house) -9- . .:. ,.1." ,,' : " ..' "'.':...'., , . "'"', ," ' ',:.:',,~ ",';" ,', .' \ : " .',' _' _ ~ "1.' ',', -'""', o " 9, State whether you presently own or have any interest in or at any time on or after January 1, 1994 have owned or had any interest in any life insurance or annuity. If so, for each such interest state: (a) Name and address of the insurance company; (b) Number of the policy, type of policy, date of issuance and amount of coverage; , (c) Amount of the premium, how frequently paid and whether payments are current; (d) Name and address of each beneficiary named in the policy on date of separation and at present; (e) Date of assignment of the policy and the name of the assignee, if the policy has been assigned; (f) Amount and date of each loan made on the policy, if any; (g) Present cash surrender value of the policy; (h) The date of separation cash surrender value of the policy, ANSWER: Both parties have term insurance policies which are deemed to be insubstantial regarding the economic issues in. this matter. One policy purchased through Plaintiff's retIrement plan at a cost to her of $1,530 per year has a cash value of $10.028. statement attached. LAW O"IC[& SNCL.BAKIZR. BRENNEMA.N a SPARE. -12- '- LAW O,.'-,CI:. SNELOAKER. GAENNEMAN a SPARE ---- ,-.. , ; I I \ , " " .""} . , " .. " , ."' .' ;, '. :. -,.. " ,": ~" 'I, ,: ",. '.' ,~; .. ' . . I'. '.,: 21. Identify any and all documents relied upon, consulted and/or referred to by you for purposes of preparing responses to these Interrogatories. ANSWER: I relied on my memory and my records, most of which have been produced or are being produced now. -23- .. M r EJ~II EJ('ATJ:_OU;L:RYJCJ.: I, KEITH O. BRENNEMAN, ESQUIRE, hereby c~'rtify lhat I havc on the bclow date, caused a true and corrcct copy of the Ihrcgoinll Mlltillnlo be scrvcd uponthc pcrson and in the manner indicalcd bclow: FIRST C1A,~_ML\IL~STAGEJ~IWJ~AIn..Am~RljSSEP AS FOLLOWS: Edwnrd J, Weinlraub, Esquire Edwllrd J. WeirUrnub & Associatcs 2650 N, Third Strccl Harrisburg.I'A 17110 Date: July 26, 2000 JJ111-ff"PU-- Kcilh 0, Brcnncman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Strect p, 0, Box 318 Mcchanicsburg, PA 17055 (717) 697-8528 Attorncys for Dcfendant Gregory II, Knighl LAW orflces SNCLSAKER. BRf.NNCMAN a SPARE , I, , , . ,'- J ",. ., ,',' '.'. , ",' '. \ . , .. " '" ',',.' " . .--- ._.:.......... LOUISE KNIGHT, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY, PENNSYLVANIA * vs. * NO. 99-2563 * GREGORY H, KNIGHT, * CIVIL ACTION - LAW Defendant * IN DIVORCE NOTICE To DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against thc claims sct forth in thc following pages, you must take prompt action. You are warned that if you fail to do so, the case may procced without you and a decree of divorce or annulment may be entcred against you by the Court. A judgment may also be entered against you for any othcr claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court House, I Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 LA WYER 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 LAWYER REFERRAL SERVICE 2 LIBERTY A VENUE CARLlSLE,I'A 17013 (717) 249-3166 '. """,":""" ..' . , ) , '- ,:',' " . ';, ".,' -:'.' "'.' , CORRECTION I i I I \ . '. ..' '11III --..' ..1....111. 1__ .....' Ill. ..' ... 1111_... . ' ...~I..' 11_, II . .. .... .' ......... .' ......l.... , 1I8IIMI" .... . III, ~- '.11.... , _ 1III!IllIl''=''.rfJ " ' .; .....-; 11IIII " ' 11.-... ..I" 1l11-ri!, ...- II ...'.11'..'." ~.." II ..-= L'IJ I' r.. --.. ..-11 .. I 'Ift-.-.. .' .,.,.," '111 WI III" .1.' . · ......' ...' 11II ..11II .- - ." " .... I "'." 11I11,. ..... .' -... _ III ...' .".11- .- .... II II. ,I,i.....iI;" ".. , ...,..."'.. "I .._lIP '.- .,.,-' ....' , ' 11,'11 ",. "..,'.'. . ..'....' _.11I=,., IB!' .'...." ,__,__.- ,'''".:'. r/I,,_.,;, , I I , I l I I I I \ f ! i I t I I [ I I, I' f'l ,i I' I, I Ii ,. , i Previous Image II il Refilmed to Correct :, Possible Error " " . '. '. .... . ~ . . " . i'.' , . '., LOUISE KNIGHT, . IN THE COURT OF COMMON PLEAS Plaintiff . CUM8ERLANDCOUNTY, PENNSYLVANIA . ,,"5. . NO. 99-2563 . GREGORY II. KNIGHT, . CIVIL ACTION - LAW Dcfcndant . IN DIVORCE NOTICE To DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must tak~ prompt action. You arc warncd that if you fail to do so, the casc may procccd without you and a decrcc of divorcc or annulmcntmay bc cntcrcd against you by the Court. A judgmcnt may also bc cntcrcd against you for any othcr claim or relicf requested in thcsc papers by thc PlaintifT. You may lose money or propcrty or other rights important to you, including custody or visit1ltion of your childrcn. When the ground for the divorce is indignities or irrctrievable brcakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Officc of the Prothonotary, Cumberland County Court Honsc, I Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 . ,. r..". " _'_ .,r , ,,' ,.... . . ~ , >- co ~ ~ L!: ~:~: tu::) ,~ :':.>.- ( ~ .~ l._J~-'t r~:!, . .. u;S (;1:'-.: -- ",', .~.J ~ ' ' ,'-"" c!! t.::., m '~IS? I.:;' N - C~" ; <:....' .;.: ;.; ~ - Lo.! ; :.JliJ () C ~.:~'l.. tI_ ".~ () ~ C" Cl :.::) U 0 Vj ~ ~ --j "'- , ~ .. .' , ~ LOUISE KNIGHT, . IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA NO. 99- ~ sf-?:. C,t.l~l '-T-~ CIVIL ACTION. LAW CUSTODY Plaintiff, . . vs. . . GREGORY H. KNIGHT, Defendant. . . STIPULATION FOR AN AGREED ORDER OF CUSTODY AND NOW, the parties, by and through their attorneys, stipulate and agree as follows: 1.1.EGAL~GUSIQDY 1. The parties have two emancipated children, Geoffrey Hampton Knight, born on September 12,1980, and Rachel L. Knight, born December 23,1982. The parties will share legal custody of their minor child, Alexander F. Knight, born November 23, 1986. Mother will consult with Father periodically by mail, FAX, email or telephone. All decisions affecting their children's growth and development including, but not limited to: choice of camp, if any; choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis, or like treatment; decisions relating to actual or potential litigation involving the children, directly or as beneficiary, other than custody litigation; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made by the parents jointly, after discussion with the children and consultation with each other and with a view towards obtaining and following a harmonious policy in the children's best interest. All decisions relating to the high school, college and post graduate education of all three children shall be made following consultation between both parents and each child, with each parent and the child having an equai voice and vote in making all decisions relating to their respective educations. Should Father desire to meet with Mother with or without one of their children to review the child's academic performance, potential, or educational plans or program, Father may do so by scheduling an appointment with the child's teacher, professor, guidance counselor or another appropriate third party professional, giving Mother reasonable prior notice of the appointment. 2. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other party's right . , to shared legal or physical custody of the children. Each party agrees to give support to the other in the role as parent and to take into account the concerns of the other for the physical and emotional well-being of the children. 3, While in the presence of the children, neither parent shall make or permit any other person to make, any remarks or do anything which could in any way be construed as derogatory or uncomplimentary to the other parent. It shall be the express duty of each parent to uphold the other parent as one whom the children should respect and love, 4, It shall be the obligation of each parent to make the children available to the other in accordance with the physical custody schedule and to encourage them to participate in the plan hereby agreed and ordered. 5. Each parent shall have the duty to notify the other of any event or activity that could reasonably be expected to be of significant concern to the other parent. 6. The parents shall communicate directly with one another concerning any parenting issue requiring consultation and agreement and regarding any proposed modifications to the physical custody schedule, which may from time to time become necessary, and shall specifically not use the children as messengers. Furthermore, neither parent shall discuss with the children any proposed changes to the physical custody schedule, or any other issue requiring consultation and agreement, prior to discussing the matter and reaching an agreement with the other parent. 7. With regard to any emergency decisions which must be made, the parent with whom the children are physically residing at the time shall be permitted to make the decision necessitated by the emergency without ccnsulting the other parent in advance. However, that parent shall inform the other of the emergency and consult with him/her as soon as possible. Day-to-day decisions of a routine nature shall be the responsibility of the parent having physical custody at the time, 8. Each parent shall be entitled to complete and full information from any doctor, dentist, teacher or authority and have copies of any reports given to them as a parent. Such documents include, but are notlimi!ed to, medical reports, academic and school report cards, birth certificates, etc. 80th parents may and are encouraged to attend school conferences and activities. The Father's name shall be listed with the school as the 2 , . .' ".' . . .' 1,". '; ",.... '" ~ ". ' " '. ::'.'. ". : ' . .. alternative parent to be contacted in the event of an emergency and to be notified regarding school events. However, it will be Mother's primary responsibility to provide Father with copies of report cards, semester examination reports and all notifications of major school events. 9. Neither parent shall schedule activities or appointments for the children which would require their attendance or participation at said activity or appointment during a time when they are scheduled to be in the physical custody of the other parent without that parentis express prior approval. 10. The parties acknowledge that they each expect the children to attend college andlor other post-high school training jf they are good students with a high probability of gaining entrance and succeeding in college. The parties agree that they shall each be actively involved in the selection of an appropriate post-high school education for the children, taking into consideration the children's needs, desires, talents and aptitudes for post-high school education. ILPHYS1CAL_CUSTQDY The parents shall share physical custody of the children. Mother shall have primary physical custody. Father shall have partial custody as periodically determined by mutual agreement. Failing mutual agreement to the contrary, the following schedule shall apply, until Alexis sixteenth (16th) birthday, when Alex may decide for himself when he wants to visit with Father. 1. Alternating weekends with Father from Friday at 6:00 p.m. until Sunday at 6:00 p.m. At least until he is sixteen (16) years of age, Alex shall attend Harrisburg Church of the Brethren (Sunday school and church services) every Sunday morning on his weekends with Father and Father shall provide transportation to and from church or Mother's home, at Father's option. After Alex turns sixteen (16) he shall also be free to decide whether he wants to attend church, If visits after Alex is 16 continue, Father will provide transportation unless Alex can drive himself. 2. A mid-week visit with Father on Tuesday from 4:00 p.m. until 8:00 p,m. as schedules for Father and Alex allow. 3 ,., . appropriate sleeping accommodations during all visits. Both parties will be prompt for all custody exchanges and will provide the other party with at least twenty-four hours notice if unable to keep any scheduled custodial period. j\LBELO_CATJOI'J The parties have negotiated the custody and partial custody portions of this Agreement based upon existing circumstances, and in particular, based upon Wife's and Husband's current residences in Cumberland County, Pennsylvania. If either parent desires to establish a residence more than fifty (50) miles from his or her present residence, he or she shall give the other parent at least ninety (90) days' written notice in advance of the proposed move, in order to give the parties the opportunity to confer, prior to the relocation, and to establish a mutually satisfactory arrangement as to custody and partial custody in light of the changed circumstances. In the event that the parties are unable to reach an agreement, then the Court of Common Pleas of Cumberland County shall have jurisdiction over them to fashion an appropriate custody order. This Stipulation shall be entered as an Order of the Court. _./ /? ,1-' (/ )/1.#,,1.0' ( (' :t',~JL7!"" Louise A. Knight, Plaintiff ,. ~~:.2,g~Jtj U- Date: 11~/o~ J. 5 . . .. , .' . , '. . ' . - .... , ','" j' I The defendant owes a total of $500.00 per month payable monthly; $500.00 for currcnt support and $ -0- for arrcars. Said money to be turned over by the Pa SCDU to: Louise A. Knight. Payments must be made by check or money order. All checks and money orders must be made payable to Pa SCDU and mailed to : Pa SCDU P.O. Box 69100 Harrisburg, PA 17106-911 () Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually for the child are to be paid as follows: 20% by defendant and 80% by plaintiff. The plaintiff is responsible to pay the first $250.00 annually (for child) in unreimbursed medical expenses. Plaintiff to provide medical insurance coverage for the child. Within thirty (30) days after the enl1y of this Older, the Plaintiff shall submit to Defendant written proof that medical insurance coverage has been obtained or that application fur coverage has been made. Proof of coverage shall consist, at a minimum. of: I) the name of the health care coverage providers(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should he made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and tht: manner 2 of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim form. Other Conditions: The parties agree that should the number of overnights with Defendant increase to more than 40% annually, upon written notice to Domestic Relations, the monthly support payment by Defendant shall decrease by $250; if overnights increase to 50% the base support shall reduce to zero (-0-), but Defendant shall thereafter be responsible for reimbursing Plaintiff 50% of all expenditures for the child's health and car insurance. Summer camp costs (for Camp Woodward or comparable) and any other extraordinary activities fees shall be shared only with Defendant's express consent and their mutual agreement. Defendant shall pay the following fees: Fee Total Fee Description $5.00 $25.00 for Judicial Computer Fee for Court Costs Payment Frequencv Payable at $5.00 per one time Payable at $25.00 per one time. 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 3 change of income or employment and change of personal address or change of address of any child recdving support. A PIllY who IvillfiillJ' fllils to rcport II lIIa1crilll challgc ill CirCl/lllstllllCt'S 11111)' lit' adjudgcd ill COlltCIllJil if court, Illld Ill!!!, lic fillcd or illlprisollcd. Pennsylvania law provided that all support orders shall be reviewed at least once every three (3) years if such review is requested by one of the parties. If you wish to request a review and adjustment of your order, you must do the following: call your attorney. An unrepresented person who wants to modii)' (adjust) a support order should contact thc domcstic relations section. A mandatOlY income attachment will issue. Unpaid arrearage balances may be reported to credit agencies. On and after the date it is due, each unpaid support payment shall constitutc, by operation of law, a judgment against you, as well as a lien against real property. It is further Ordered that, upon payor's failure to comply with this Ordcr, payor may be arrested and brought before the Court for Contempt hearing; payor's wages, salary, commissions, and/or income may be attached in accordance with law; this Ordcr wiII bc incrcased without further hearing by O'){, a month until all arrearage are paid in full. Payor is responsible for court costs and fecs. 4 ~- ~f) Cr-; " I, 1-; ~~' ; '.) ".1- :? - .1' ~"'. .0'1 " ,-:J " ,- .'" J ; ::;- ,. ".:. "-" ~" : ttJ ~f.} (... , --, -,'- I - I '. -~:J '':'''J () ..... .. . ..... -' LOUISE KNIGHT, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY, PENNSYLVANIA . VS. . NO. 99-2563 . GREGORY H. KNIGHT, . CIVIL ACTION - LA W Defendant . IN DIVORCE CERTIFICATE OF SERVICE I, Wendy L. Shive, Legal Assistant to Edward J. Weintraub, Esquire, hcreby ccrtify that on January 4, 2002, I servcd a true and corrcct copy of an Amendcd Complaint in Divorcc upon Keith O. Brenncman, Esquire, counscl for Dcfcndant, by depositing same, postagc pre-paid, certified, restrictcd delivery, retum receipt requested, in the United Statcs Mail, Harrisburg, Pennsylvania, addressed as follows: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, P A 17055 Datc: -#k i&M/ : / /. . /. ,. ,7 .,f W lA', f({"i A / /i: l~ Cild~~)hivC , L-'W OlTIC(S SNEI.BAKER BRENNEMAN 6: SPARE LOUISE KNIGHT, Plaintiff v. GREGORY H. KNIGHT, Defcndant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : NO. 99-2563 CIVIL CIVIL ACTION - LAW IN DIVORCE DR #29,678 PACSES #999102291 PRAECIPE Pleasc withdraw Dcfcndant's Pctition For Alimony Pcndentc Litc, Counsel Fccs, Costs and Expcnses filed with respect to thc above-captioned mattcr. Date: March 21. 2002 SNELBAKER, BRENNEMAN & SPARE, P. C. rJbuf/I/L-- BY: Keith O. Brenncman, Esquire 44 W. Main Strcct Mcchanicsburg, PA 17055 (717) 697-8528 Altomeys for Dcfcndant/Petitioncr Grcgory H. Knight " . >. '."'. . \ " .': . '..' _'. ',' ~ ','~: ~~ ," 't '.", I, '" " A In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION GREGORY H. KNIGHT ) Docket Number 99-2563 Plaintiff ) 99910229~D29678 VS. ) PACSES Case Number LOUISE KNIGHT ) Defendalll ) Other State ID Number ORDER AND NOW, to wit on this 26TH DAY OF MARCH, 2002 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to ModifY or ~ Other ALIMONY PENDENTE LITE REQUEST filed on JUNE 22, 2001 in the above captioned matter is dismissed without prejudice due to: THE PLAINTIFF WITliDRAWING HER REQUEST FOR ALIMO~~ PENDENTE LITE. o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: DRa: RJ Shadday xc: KeIth Brelmem:.n, Esqule Edward Welntraub, EsquIre plaintiff defendant _2' ;<9. 4.. KevIn A. Hess JUDGE -~,'.;..'" . r.:::: t'f~ ~'? .....t.~' ' .'~ , ' (,- ,.4 ~-'. , . .'~ (.i..(.~th.:;>!"' ;-"-~;:-:?((' 0.. _ :# ..- - Service Type M Form OE-S06 Worker ID 21005