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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
j STATE OF PENNA.
N () . ....... 419.6.6 ......... I) l 99
DECREE IN
I VORCE
AND NOW, . JPr'2ooo., it is ordered and
decreed that ........ John F, Bardol plaintiff,
and ............Anne T. Bardol ............................... . defendant,
are divorced from the bonds of matrimony. j
,ill.
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 terms of that certain Divorce settlement •Agreement,dated•„
Dec nm .27, 2000 and filed in this.matter are, incorporated,herehy•by,•,
.. ..... .. .. . ..
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rothonotary
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DIVORCE SETTLEMENT AGREEMENT II
THIS AGREEMENT is made this a? 1" day of
2000, by and between JOHN F. BARDOL, hereinafter called "Husband",
and ANNE T. BARDOL, hereinafter called ItWife".
W I T N E S S E T H: .
WHEREAS, Husband and Wife were married on July 18, 1981; and
WHEREAS, two (2) children were born of this marriage:
LAURA ANNE BARDOL, born January 16, 1985; and AMY KATHRYN BARDOL,
born May 2, 1987; and
WHEREAS, differences have arisen between Husband and Wife as
a consequence of which they have been living separate and apart
from each other; and
WHEREAS, Husband has commenced an action in divorce in the
Court of Common Pleas of Cumberland County, Pennsylvania docketed
to No. 99-4966 Civil ("Divorce Action") ; and
WHEREAS, Husband and wife have reached an understanding to
settle and determine all of their claims, disputes, rights and
obligations, including all which have been or which could have been
raised in the Divorce Action or which have been or could have been
raised in any other proceeding arising out of or by virtue of the
marital relationship;
NOW, THEREFORE, in consideration of the foregoing recitals and
intending to be legally bound hereby, the parties hereto agree as
follows:
A. . a
1. Separation. It shall be lawful for each party at all
times hereafter to live separate and apart from each other at such
place as he or she from time to time shall choose or deem fit. The
foregoing provision shall not be taken as an admission on the part
of either party of the lawfulness or unlawfulness of the causes
leading to their living apart.
2. Interference. Each party shall be free from the
interference, authority and control 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
molest or attempt or endeavor to molest the other, nor in any way
to harass or malign the other, nor in any other way interfere with
the peaceful existence, separate and apart, of the other. Each of
the parties hereto understands and agrees that neither shall do or
say anything to the children of the parties at any time which might
in any way influence the children adversely against the other
party.
3. Marital Real Estate. Simultaneously with the execution
hereof, Husband shall quitclaim, set over and assign to Wife by
quitclaim deed all of his right, title and interest in and to the
real property, together with all improvements erected thereon and
known and numbered as 532 Ichabod Court, Mechanicsburg, Cumberland
County, Pennsylvania. Wife shall hereafter be and remain solely
and exclusively responsible for the payment of all costs and
expenses of maintenance, repair and occupancy of such residence,
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A. I d
for the payment of all real estate taxes, insurance and other
charges related thereto and for the payment of all mortgage
payments or indebtedness secured by a lien upon the said real
property. Wife hereby agrees to, does and shall hereafter
indemnify and save Husband harmless of and from any and all claims,
demands, suits, actions or causes of action arising from or out of,
directly or indirectly, Wife's failure to pay each and every
payment when and as due or Wife's failure to perform each and every
obligation of the mortgagor under any mortgage loan for which
Husband has been or may be jointly and/or severally liable to any
third party with Wife secured by a lien of the said real property.
Such indemnification shall include repayment or reimbursement to
Husband of any and all reasonable costs of defense of any such
claims which may be brought against Husband by any such third party
or person, including Husband's reasonable attorneys' fees.
Wife hereby covenants, agrees and promises to obtain a
refinancing of all mortgage loan indebtedness currently secured by
a mortgage on the marital residence, which loan or other obligation
was created prior to the date hereof, or to obtain a release of
Husband from any and all personal liability on any such mortgage
loan or obligation and to conclude such refinancing and/or obtain
a personal release of Husband on or before the date three (3) years
from the date hereof. The parties acknowledge that the provisions
of 23 Pa.C.S.A. Section 3502(e) apply to this Agreement and the
remedies set forth therein shall be available in the event Wife
3
A e
fails to meet the obligations set forth herein. Specifically,
Wife's failure to conclude such refinancing or obtain such release
of personal liability shall be deemed to be a breach of this
Agreement for which Wife acknowledges Husband may have no adequate
remedy at law and, therefore, Wife agrees that Husband shall be
entitled, in addition to any other remedies set.forth herein or in
the Pennsylvania Divorce Code, to seek an Order of specific
performance of this term of the obligation or an Order requiring
the said marital residence to be sold and, after paying the costs
of such sale and the payoff of any liens and encumbrances, the net
remaining proceeds of such sale to be distributed to Wife.
4. Personal Property. Except as provided in the Paragraph
4, the parties have heretofore divided between themselves to their
mutual satisfaction all items of personal property, furniture,
fixtures, furnishings and the like which were, during the course of
the marriage, used by them in common. The property described on
Exhibit "A" attached hereto shall be and become the sole and
separate property of Husband. Those items so indicated on the
Exhibit "A" shall be removed by Husband as soon as practicable and
within thirty (30) days of the date of this Agreement and those not
so indicated on the Exhibit "A" to be so removed shall remain in
the marital residence until such time as Husband can arrange for
removal to a home of his which will accommodate such items.
Otherwise, each party waives, relinquishes and releases any claim
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of any interest whatsoever in any item of personal property which,
as of the date of execution of this Agreement, is in the possession
of the other party.
5. Custody. Husband and Wife also acknowledge that they are
parties to a custody action docketed in the Court of Common Pleas
of Cumberland County to No. 2000-2442 Civil (!'Custody Action").
Husband and Wife agree that, in such action, they are
contemporaneously entering into a stipulation for an Order which
shall award shared legal custody of the parties' minor children to
both Husband and Wife and shall award primary custody of the minor
children to wife subject to Husband's rights of temporary custody
or visitation as therein specified. Each of the parties
acknowledge that either party shall be free to seek a modification
of such custodial arrangement by application to a court of
competent jurisdiction at the time if either party believes that a
modification is necessary for the best interest of the child or
children in question.
6. Child Support/Alimony/Alimony Pendente Lite. Husband and
Wife have also been parties to an action brought by Wife seeking
spousal support/alimony pendente lite and child support, which said
action has been docketed in the Court of Common Pleas of Cumberland
County at Domestic Relations Section Docket No. 00203-S-2000
(PACSES Case No. 364102082) ("Support Action"). On November 9,
2000, the parties placed on record in front of Judge Edward Guido
a stipulation which, inter alia, settled such support matters.
5
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Such agreement, which the parties hereby reaffirm, provides that
the original Order as entered at the time of the Domestic Relations
Office conference in June of 2000 would remain unmodified except
only that such support amount as was ordered at that time would be
deemed to be an unallocated Order of support for both Wife and
children, it being the express intention of the parties that all
such payments made heretofore and as hereinafter provided shall
qualify as alimony under the Internal Revenue Code and, thus, be
deemed to be tax deductible to Husband and to be includible as part
of taxable income of Wife. Effective November 9, 2000, the parties
have agreed that the support order shall be amended to require the
payment by Husband of the total sum of $3,400.00 per month as a
similarly unallocated Order for the same purpose that such payment
shall hereafter remain and be deemed to be alimony as such term is
defined under the Internal Revenue Code. Wife acknowledges that in
the year ending December 31, 2000, Husband has paid to Wife the
total sum of $33,710.35, which shall be claimed as alimony received
on Wife's 2000 tax return and shall be deducted as alimony paid on
Husband's 2000 tax return.
Husband's obligation to make the payments of "alimony" as
herein provided shall end and terminate upon the death of either
Husband or Wife, or upon Wife's remarriage or cohabitation with a
male not related to her by blood or marriage. Unless such
termination of the alimony payments due to wife
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s remarriage or cohabitation has occurred, however, the support
Order or amount as herein provided and as incorporated in the
stipulation in the Support Action shall not otherwise be modified
or amended until June 30, 2005; and,if Wife shall nevertheless seek
any increase in the amount of child support or otherwise seek a
modification of such Order before the alimony obligation terminates
as herein provided and before June 30, 2005, Wife agrees to and
shall indemnify Husband of and from any and all amounts which
Husband may be ordered to pay in the Support Action (or in any
other proceeding Wife may commence in any other jurisdiction) which
exceed the level of payments as herein provided.
7. Investment Assets. During the course of the
marriage, the parties had acquired and maintain today certain
investment accounts and other assets. The parties agree to a
distribution of those assets as follows:
(a) Those certain accounts currently maintained at
Charles Schwab & Co., Inc. as trust accounts for the
benefit of the parties' minor children, bearing Account
Nos. 1344-4599 and 1344-4607, shall be maintained and
managed by Husband who shall make no withdrawals from
each such account without Wife's prior written consent
until each child attains the age of eighteen (18).
Husband shall provide periodic statements or reports as
to the activity in such accounts approximately every six
months. The parties agree that each account shall be
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made available for the use of each child for whom an
account is currently maintained for purposes of post-
secondary education expenses. If for any reason the
funds are not used for that purpose, the balance of such
funds shall be retained for the benefit of the children
and shall be used in such manner as may be. agreed to by
both Husband and Wife.
(b) Wife shall retain as her sole and separate
property individual retirement accounts currently
maintained in Wife's name along at Charles Schwab & Co.,
Inc. bearing Account Nos. 1344-4606 and 1344-4608 and
Husband hereby waives, relinquishes and releases any
right, title, interest or claim he has or may have as to
such accounts arising by virtue of the marital
relationship or otherwise.
(c) Husband shall retain as his sole and separate
property individual retirement accounts currently
maintained in Husband's name alone at Charles Schwab &
Co., Inc. bearing Account Nos. 1344-4604 and 1344-4605;
provided, however, that Husband shall, as soon as
practicable hereafter, cause a "rollover" from Account
No. 1344-4604 to be deposited into Wife's IRA Account
No. 1344-4606, in an amount of $125,000.00. Husband
shall cause the transfer of not less than $62,500.00 from
such accounts within ten (10) days of the date hereof and
8
the balance within one hundred eighty (180) days of the
date hereof. Such rollover(s) is/are intended to be
accomplished so as to have no tax consequences to either
party at the time of the rollover.
(d) Husband has paid to Wife, on or about
November 9, 2000, a cash distribution of $25,000.00 from
a certain Schwab One account heretofore maintained in
joint names and bearing Account No. 1344-4602.
Contemporaneously with the execution hereof, Husband
shall pay to Wife an additional sum of $25,000.00 from
such account. Wife hereby waives, relinquishes and
releases to Husband any and all other right, title,
interest or claim she has, has had or may have had in
such Schwab One Account No, 1344-4602 or the assets
therein, whether arising by the virtue of the marital
relationship or otherwise. It is the intention of the
parties that the remaining balance in such Schwab One
account shall be and hereafter remains the sole and
separate property of Husband, free and clear of any claim
of Wife.
9. Insurance Obligation. Husband agrees that, so long as he
is obligated to make the payments as provided in Section 6 hereof,
Husband shall maintain insurance on his life in a face amount of
not less than $200,000.00 and shall cause Wife to be named the
beneficiary of the proceeds in an amount not less than $200,000.00.
9
Husband shall provide reasonable proof of the continued maintenance
of such insurance and the beneficiary designation thereof to Wife
upon Wife's reasonable request which shall not be more frequently
than annually hereafter.
10. Legal Representation: Attorneys' Fees. Etc. Husband and
Wife acknowledge that Husband has been represented by Bruce F.
Bratton, Esquire and Wife has been represented by Kathleen Carey
Daley, Esquire; each has had the opportunity to review this
document with the attorney of his or her choosing or has waived
such right to do so; and each acknowledges that he or she fully
understands the legal impact of this Agreement and further intends
to be legally bound by the terms of this Agreement. Simultaneously
with the execution of this Agreement and the simultaneous execution
of all documents, including Affidavits of Consent, Waivers of
Notice and other such documents as may be reasonably required to
conclude the Divorce Action and to obtain a Decree in Divorce,
Husband shall pay to Wife the total sum of $7,500.00 which,
together with a $5,000.00 contribution Husband had made to Wife
heretofore, shall constitute Husband's sole and exclusive
contribution toward Wife's attorneys' fees, costs and expenses.
11. Action in Divorce. The parties shall, simultaneously
with the execution of this Agreement, execute any and all documents
reasonably requested by Husband's attorney in order to conclude the
Divorce Action and to obtain a valid Decree in Divorce therein.
Husband's attorney shall forthwith submit such documentation to the
10
Court of Common Pleas of Cumberland County in order to promptly
obtain a Decree in Divorce, which said Decree shall incorporate the
terms of this Divorce Settlement Agreement which shall not,
however, be merged in such Decree. Wife hereby instructs Wife's
attorney to execute any and all documents which Wife's attorney may
be required to execute and to cause same to be.filed in order to
withdraw any and all claims which Wife raised in the Divorce Action
in order to permit the entry of a Decree in Divorce and to
otherwise cooperate in the prompt conclusion of the Divorce Action
and obtaining of a Decree in Divorce.
12. Full Disclosure and Waiver of Rights and Claims. Husband
and Wife each represent and warrant to the other that he and she
has made a full and complete disclosure to the other of all assets
of any nature whatsoever in which such party has an interest, of
all liabilities, of the source and amount of the income of such
party of every type whatsoever, and of all other facts relating to
the subject matter of this Agreement. Each party understands that
he or she has the right to obtain from the other party a complete
inventory or list of all of the property that either or both
parties own at this time or owned as of the date of separation and
that each party has the right to have all of such property valued
by means of appraisals or otherwise. Each party understands that
he or she has the right to have a court hold hearings and to make
decisions on the matters which are addressed by this Agreement.
Each party understands that a court decision concerning the
11
parties' respective rights and obligations might be different from
the provisions of this Agreement.
Each party hereby acknowledges and understands that this
Agreement is fair and equitable, that it adequately provides for
his or her needs, that it is in his or her best interest, and that
the Agreement is not the result of any fraud, duress or undue
influence exercised by either party upon the other or by any other
person or persons upon either party.
Given these understandings and acknowledgments, both parties
hereby waive the following rights and/or procedures:
(a) The right to require the other party to provide
an inventory and appraisement of all marital and separate
property as defined by the Pennsylvania Divorce Code;
(b) The right to require the other party to produce
an income and expense statement as provided by the
Pennsylvania Divorce Code except in instances where such
income and expense statements may hereafter be required
to be filed in any child support action or in any other
proceedings pursuant to an Order of Court;
(c) The right to have any discovery as may be
permitted by the Pennsylvania Rules of Civil Procedure,
except such discovery arising out of or concerning a
breach of this Agreement or related to any child support
action or arising out of or related to any other
12
proceedings in which discovery is specifically ordered by
the Court or otherwise provided by law;
(d) The right to have the Court determine which
property is marital and which is non-marital and to have
the Court determine the equitable distribution between
the parties of that property which the Court determines
to be marital; and
(e) The right to have the Court decide any other
rights, remedies, privileges or obligations covered by
this Agreement, including but not limited to possible
claims for divorce, spousal support, alimony,
alimony pendente lite (temporary alimony) and counsel
fees, costs and expenses.
Except as herein otherwise provided to the contrary, each
party may otherwise 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 of the estate of
the other as a result of the marital relationship, including,
without limitation, dower, curtesy, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the
Will of the other, right to claim or seek equitable distribution of
property, alimony, alimony pendente lite, spousal support, counsel
fees or expenses, and right to act as administrator or executor of
the other's estate, and each will, at the request of the other,
13
execute, acknowledge and deliver any and all instruments which may
be necessary or advisable to carry into effect this mutual waiver
and relinquishment of all such interests, rights and claims.
13. Husband's Business Interests. Wife hereby waives,
relinquishes and releases to Husband any and all right, title,
interest or claim she has or may have had in. and to Husband's
interest as to the corporation known as Bardol and Company and any
of said corporation's assets, receipts, income, profits, retained
earnings, good will, equipment, inventory, name or anything else of
value with respect thereto. It is the intention of the parties
that said corporation, all of the outstanding shares of stock of
which have been issued in the name of Husband individually, shall
remain free and clear of any claim of wife and that all such shares
of stock of such corporation shall be and remain the sole and
separate property of Husband, free of any such claim of Wife.
14. Income Tax Matters. The parties hereby express their
intention to file separate income tax returns for the tax year
ending December 31, 2000. Wife shall be entitled to claim as
deductions all mortgage interest, real estate taxes or any other
tax-deductible items with respect to the former marital residence
at 532 Ichabod Court, Mechanicsburg, Cumberland County,
Pennsylvania and shall be entitled to claim the two minor children
of the parties as dependents for federal tax dependency exemption
purposes. Wife shall include as taxable income to her all payments
made by Husband during such tax year and for all later years as
14
provided in Section 6 hereof. Husband shall be entitled to claim
as a deduction all payments made by Husband to Wife during the tax
year 1999 and each year thereafter as provided in Section 6 hereof.
15. Additional Instruments. Each of the parties shall on
demand execute and deliver to the other any deeds, bills of sale,
car titles, assignments, consents, tax returns and any other
documents and shall do or cause to be done any other act or thing
that may be necessary or desirable to the provisions and purposes
of this Agreement.
16. Wife's Debts. Wife represents and warrants to Husband
that 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.
17. Husband's Debts. Husband represents and warrants to Wife
that 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.
18. Voluntary Execution. The provisions of this Agreement
are fully understood by both parties, and each party acknowledges
that this Agreement is fair and equitable, that it is being entered
15
into voluntarily and that it is not the result of any duress or
undue influence.
19. Breach. In the event either party to this Agreement
shall breach any term, covenant or other obligation herein, the
non-breaching party shall be entitled, in addition to all other
remedies available at law or in equity, to recover from the
breaching party all costs which the non-breaching party may incur,
including reasonable attorneys, fees, in any action or proceeding
to enforce the terms of this Agreement.
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.
21. Modification and Waiver. Any modification or waiver of
any provision 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 of
any of the provisions of this Agreement shall not be construed as
a waiver of any subsequent default of the same or similar nature.
22. Governing Law. This Agreement shall be governed by and
shall be construed in accordance with the laws of the Commonwealth
of Pennsylvania.
23. Independent Separate Covenants. It is specifically
understood and agreed by and between the parties hereto that each
16
paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
24. void Clauses. If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this Agreement shall be valid
and continue in full force, effect and operation.
IN WITNESS WHEREOF, the parties hereto, intending to be
legally bound hereby, have hereunto set their hands and seals the
day and year first above written.
?o nar:uvi_
Anne T. Bardol LI/
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COMMONWEALTH OF PENNSYLVANIA
?(( I SS.
COUNTY OF CJ4aA" It)
ON THIS, thepZ>y? day of 21fL's?!dE? .2000, before me, a
Notary Public, the undersigned officer, personally appeared
John F. Bardol, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument and
acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary ub ?
My Commis on Expires:
Mom ?ACF4 ???A4Ly
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF
ON THIS, the day of ,.2000, before me, a
Notary Public, the undersigned officer, personally appeared
Anne T. Bardol, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument and
acknowledged that she executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
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JOHN F. BARDOL, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 99-4966
ANNE T. BARDOL,
Defendant IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to
the Court for entry of a divorce decree:
1. Ground for divorce: Irretrievable breakdown under
§3301(c) §3391:(d) of the Divorce Code. (Strike out
inapplicable section.)
2. Date and manner of service of the complaint: By acceptance
of service by Kathleen C. Daley, Esquire, as attorney for
Defendant, on September 17, 1999.
3. (Complete either paragraph (a) or (b)
(a) Date of execution of the affidavit of consent required by
§3301(c) of the Divorce Code: By Plaintiff on December
27, 2000; by Defendant on December 28, 2000.
(b) (1) Date of execution of the affidavit required by
§3301(d) of the Divorce Code: n/a ; (2) Date of
filing and service of the Plaintiff's affidavit upon the
Respondent: n/a
4. Related claims pending: None.
5. (Complete either (a) or (b).)
(a) Date and manner of service of notice of intention to file
praecipe to transmit record, a copy of which is attached:
n/a
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(b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was
filed with the prothonotary: December 29, 2000.
Date Defendant's Waiver of Notice in §3301(c) Divorce was
filed with the prothonotary: December 29, 2000.
6. Plaintiff's Social Security number is 032-44-4495 and
Defendant's Social Security number is 018-44-4456.
Date: )q b"'j, OV
MARTSOLF & BRATTON
B
Bruce F. Bratton, Esquire
Attorney I.D. No. 23949
2515 North Front Street
P. 0. Box 12106
Harrisburg, PA 17108-2106
(717) 236-4241
Attorneys for Plaintiff
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JOHN F. BARDOL,
Plaintiff
V.
ANNE T. BARDOL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 4 L L Cw: a IN DIVORCE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be entered against you by the Court.
A judgment may also be entered against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights important to you, including custody
or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a
convenience to you and you are not bound to choose a counselor from the list. All necessary
arrangements and the cost of counseling sessions are to be home by you and your spouse. If you
desire to pursue counseling, you must make your request for counseling within twenty (20) days of
the date on which you receive this notice. Failure to do so will constitute a waiver of your right to
request counseling.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL. PROPERTY,
COUNSEL FEES OR. EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR
ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
JOHN F. BARDOL,
Plaintiff
V.
ANNE T. BARDOL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- -f 9 (, L Ct? T.ew•
IN DIVORCE
1. Plaintiff is John F. Bardol, who currently resides at 532 Ichabod Court,
Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Anne T. Bardol, who currently resides at 532 Ichabod Court,
Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of
Pennsylvania for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on July 18, 1981 in Massachusetts.
5. There have been no prior actions of divorce or for annulment bem...n the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and that Plaintiff may have the
right to request that the court require the parties to participate in counseling.
8. Plaintiff requests the Court to enter a decree of divorce.
MARTSON DEARDORFF WILLIAMS & OTTO
By 0404
Thomas J. Willi s, Esquire
Ten East High Street
Carlisle, PA 17013-3093
(717) 243-3341
Attorneys for Plaintiff
Date: August 16, 1999
The foregoing Complaint is based upon informrtion which has been gathered by my counsel
in the preparation of the lawsuit. The language of the docwnew is that of counsel and not my own.
I have read the Complaint and to the extent that the docuuw is based upon h*rmation which I
have given to my counsel, it is tnte and correct to the bat of my knowledge, imforaution and belief.
To the extent that the eontat of the document is tbat of counsel, I have relied upon counsel in
maidrtg this verification.
This statement and verification ue made subject to the penalties of IS Pa. C.S. Section 4904
ralating to unworn fida cation to authorities, which provides that if I make Inowi Wy Aibe
avermams, I may be subject to criminal penalties.
(?Ohn F. Bardol
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JOHN F. BARDOL,
Plaintiff
V.
ANNE T. BARDOL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4966 - CIVIL TERM
IN DIVORCE
ATTORNEY'S ACCEPTANCE, OF SERVICE
I, Kathleen C. Daley, Esquire, attorney for Defendant Anne T. Bardol in the ab?vee-ccapptiooned
7
action, hereby accept service of the Divorce Complaint in the above action on q /
on her behalf and certify that I am authorized to do so.
Harrisburg, PA 17109
(717) 657-4795
RECEI\/FD
SEP 2 1 1999
M D1.r:' r)
I, Tricia D. Eckenroad, an authorized agent for Manson Deardorff Williams & Otto, hereby
certify that a copy of the foregoing Attorney's Acceptance of Service was served this date by
depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as
follows:
Kathleen C. Daley, Esquire
1029 Scenery Drive
Harrisburg, PA 17109
MARTSON DEARDORFF WILLIAMS & OTTO
CTricia D. Eckenroad
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: October 4, 1999
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JOHN F. BARDOL, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
V.
ANNE T. BARDOL,
NO. 99-4966
Defendant : IN DIVORCE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against you by
the Court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Defendant. 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
Cumberland County Prothonotary, One Courthouse Square, Carlisle, Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dies de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o por abogado
y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden
contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion
do demands. Usted puede perder dinem o sus propiedades o otros derechos importanates para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO 0 Sl NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA
EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
Two Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
JOHN F. BARDOL,
Plaintiff
V.
ANNE T. BARDOL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERALND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 99-4966
IN DIVORCE
1. ANSWER TO COMPLAINT IN DIVORCE WITH NEW MATTER
Admitted.
2. Admitted.
3. Admitted
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8.
NEW -MAIM
COUNTI
DIVORCE
9. Paragraphs I through 8 of this Answer with New Matter are incorporated herein by
reference as though set forth in full.
10. The causes of action and sections of Divorce Code under which Defendant is
proceeding are:
A. Section 3301(a)(6). Plaintiff has offered such indignities to the Defendant,
the innocent and injured spouse, as to render her condition intolerable and life burdensome.
B. Section 3301(d). The marriage of the parties is irretrievably broken. The
Defendant and Plaintiff separated on August 4, 1999.
11. The parties may enter into a written agreement with regard to support, custody,
visitation of children, alimony and property division. In the event that such an agreement is executed
by the parties, the agreement may be incorporated by the Court into the final Decree of Divorce.
WHEREFORE, Defendant requests your Honorable Court to enter a Decree in Divorce,
divorcing Defendant and Plaintiff.
COUNT II
EQUITABLE DISTRIBUTION
12. Paragraphs 1 through 8 of this Answer with New Matter are incorporated herein by
reference as though set forth in full.
13. Plaintiff and Defendant have acquired property, both real and personal during their
marriage from the date of their marriage until August 4, 1999, the date of their separation.
14. Plaintiff and Defendant have been unable to agree as to an equitable division of said
property.
WHEREFORE, Defendant requests your Honorable Court to equitably divide all marital
property.
COUNT III
ALIMONY
15. Paragraphs 1 through 8 of this Answer with New Matter are incorporated herein by
reference as though set forth in full.
16. Defendant lacks sufficient property to provide for her reasonable means and is unable
to support herself through appropriate employment.
17. Defendant requires reasonable support to adequately maintain herself in accordance
with the standard of living established during the marriage.
WHEREFORE, Defendant requests your Honorable Court to enter an award of alimony in
her favor.
COUNT IV
ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS
AND EXPENSES
18. Paragraphs I through 17 of the Complaint are incorporated herein by reference as though
set forth in full.
19. Plaintiff earns in excess of One Hundred Fifty Thousand ($150,000) Dollars gross per
year and has assets which have not yet been ascertained.
20. Defendant has employed counsel, but is unable to pay the necessary and reasonable
attorney's fees for said counsel
21. Defendant is unable to sustain herself during the course of this litigation.
WHEREFORE, Defendant requests your Honorable Court to enter an award of Alimony
Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such
additional counsel fees, costs and expenses as deemed appropriate.
COUNT V
EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE
TO THE PLAINTIFF DURING PENDENCY OF THIS ACTION
22. Paragraphs 1 through 8 of the Complaint are incorporated herein by reference as
though set forth in full.
23. The parties hereto have, during the course of the marriage, purchased real estate
located at 532 Ichabod Court, Mechanicsburg, Cumberland County, Pennsylvania as tenants by the
entireties.
24. Defendant and the parties' two (2) children currently reside in said real property with
the Plaintiff.
25. Plaintiff's continued presence at the marital residence is causing Defendant and the
children mental distress and emotional turmoil and is disruptive to the household.
WHEREFORE, Pursuant to Section 3502(c) of the Divorce Code, Defendant requests the
Court award to her, during the pendency of this action, the exclusive right to reside in the marital
residence.
I verify that the statements made in this Answer with New Matter are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904
relating to unswom falsification to authorities.
By: T' 4Q a(C
Anne T. Bardol, D fe ant
Date: 10 '9
By:
Kathleen Carey Daley
Attorney No. 30078
1029 Scenery Drive
Harrisburg, PA 17109
(717) 657-4795
Attorney for Defendant
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NOV 13 2000
JOHN F. BARDOL,
Plaintiff
V.
ANNE T. BARDOL,
Defendant
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4966
IN DIVORCE
PRAECIPE
Please mark as withdrawn Counts II, III and IV and all other
economic claims which had been raised in the Defendant's Answer
filed in this matter on or about October 11, 1999.
Date I h11
DALEY L OFFICES /7
K thleen Carey Da e , Esqu'
Pa. Attorney I.D. . 3007
1029 Scenery Drive
HaL'risLuiy, PA 17109
(717) 657-4795
Attorneys for Defendant
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JOHN F. BARDOL, IN THE COUR'r OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 99.4966
ANNE T. BARDOL,
Defendant . IN DIVORCE
PRAECIPF.
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Kindly withdraw the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on
behalf of Plaintiff John F. Bardol in the above captioned matter.
MARTSON DEARDORFF WILLIAMS & OTTO
Thomas J. Wi s, Esquire
I.D. No. 17512
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Enter the appearance of MART;SOLF & 13RATTON on behalf of Plaintiff John F. Bardol
in the above captioned mauler.
MARTSOLF & 13R?T
By
Bruce Bratton, Esquire
2515 North Front Street
P.O. Box 12106
Harrisburg, PA 17108-2106
(717)236.4241
Attorneys for Plaintiff John F. Bardol
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CERTIFICATE OF SERVICE
I hereby certify that I today served a true and correct copy
of the foregoing Praecipe, by placing the same in the U.S. mail,
postage prepaid, addressed to:
Thomas J. Williams, Esquire
MARTSON, DEARDORFF, WILLIAMS & OTTO
Ten East High Street
Carlisle, PA 17013
Kathleen Carey Daley, Esquire
DALEY LAW OFFICES
1029 Scenery Drive
Harrisburg, PA 171097
Date (? ,?t??? , N
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tton, Esquire
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JOHN F. BARDOL,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
NO. 99-4966
ANNE T. BARDOL,
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Sections 3301(c) and (d) of
the Divorce Code was filed on August 16, 1999 and served on
September 17, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after
service of Notice of Intention to Request Entry of the Decree.
4. I understand that I may lose rights concerning alimony,
division of property, attorneys' fees or expenses if I do not claim
them before a divorce is granted.
5. I have been advised of the availability of marriage
counseling, understand that the Court maintains a list of marriage
counselors and that I may request the Court require my spouse and
I to participate in counseling and, being so advised, I do not
request that the Court require that my spouse and I participate in
counseling prior to the divorce becoming final.
6. I am not a member of the armed forces of the United
States of America nor any of its allies.
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 Pa. C.S. Section 4904 relating to
unsworn falsification to aut or ties. /1 ?
Date: (2 27 l?oucG_
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JOHN F. BARDOL,
Plaintiff
V.
ANNE T. BARDOL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4966
IN DIVORCE
1. I consent to the entry of a final Decree in Divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce
Decree is entered by the court and that a copy of the Decree will
be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 related to
unsworn falsification to authoriAes.
' 2Lx
Date 12-12-2
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JOHN F. BARDOL,
Plaintiff
V.
ANNE T. BARDOL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4966
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Sections 3301(c) and (d) of
the Divorce Code was filed on August 16, 1999 and served on
September 17, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing
and service of the Complaint.
3. I consent to the entry of a Final Decree in Divorce after
service of Notice of Intention to Request Entry of the Decree.
4. I understand that I may lose rights concerning alimony,
division of property, attorneys, fees or expenses if I do not claim
them before a divorce is granted.
5. I have been advised of the availability of marriage
counseling, understand that the Court maintains a list of marriage
counselors and that I may request the Court require my spouse and
I to participate in counseling and, being so advised, I do not
request that the Court require that my spouse and I participate in
counseling prior to the divorce becoming final.
6. I am not a member of the armed forces of the United
States of America nor any of its allies.
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.
17
Date: U
Anne T. Bardol, De ant
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JOHN F. BARDOL,
Plaintiff
V.
ANNE T. BARDOL,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-4966
IN DIVORCE
1. I consent to the entry of a final Decree in Divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce
Decree is entered by the Court and that a copy of the Decree will
be sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 related to
unswornffalsification to authoritige?s?
Date
Anne T. Bardol, D e: ant
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JOHN F. BARDOL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
IN DIVORCE
ANNE T. BARDOL,
Defendant NO. 99-4966 CIVIL TERM
ORDER OF COURT
AND NOW, this 07 q day of December, 2000,
the economic claims raised in the proceedings having been
resolved in accordance with a divorce settlement agreement
dated December 27, 2000, the appointment of the Master is
vacated and counsel can file a praecipe transmitting the
record to the Court requesting a final decree in divorce.
By the Court,
George Hoffer, P.J.
CC: Bruce F. Bratton, Esquire J G?
For the Plaintiff - Ei lox.
Kathleen Carey Daley, Esquire _ lr 12, For the Defendant ? l L9
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JOHN F. BARDOL, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. NO. 99 - 9966 CIVIL
ANNE T. BARDOL,
Defendant IN DIVORCE
TO: Thomas J. Williams
Kathleen Carey Daley
Attorney for Plaintiff
Attorney for Defendant
DATE: Tuesday, August 1, 2000
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE COUNSEL FOR PLAINTIFF ( )
COUNSEL FOR DEFENDANT ( )
NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
JOHN F. BARDOL,
Plaintiff
ANNE T. BARDOL,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99 - 4966 CIVIL 19
IN DIVORCE
STATUS SHEET
DATE:
7/31/00 ACTIVIT ln;a:
!.2 24 aeon e?o?
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DALEY LAW OFFICES
1029 SCENERY DRIVE • HARRISBURG, PA 17109 • (717) 657-4795 • FAX (717) 657.4996
August 8, 2000
E. Robert Elicker, II, Esquire
Divorce Master
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Bardol v. Bardol
No. 994966 Civil
In Divorce
Dear Mr. Elicker:
I received a Certification request date August 1, 2000, in the above captioned matter. The
parties have not been separated two years and my client is not planning on executing a consent to the
divorce at the present time. I do not believe there is any other basis for the Plaintiff to proceed with
this divorce.
Your Certification requires us to provide an outline of the information that is incomplete in
order to prepare this case for trial and to indicate whether there are outstanding interrogatories or
discovery motions. I do not have any outstanding interrogatories or discovery motions in place at this
time, in that at or about the time of separation Mr. Bardol started his own business which he
continues to operate. I have representations from counsel that he may be pursuing new employment.
Since I don't intend to try the case for quite a while, I think any additional interrogatories or
discovery would be premature in that I will want current information at the time of trial and we are
at least a year from that date.
If further information is required, please contact me.
truly yours,
Carey Daley ? \ rp
KCD:ksm
cc: Anne T. Bardol
Thomas J. Williams, Esquire
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOHN F. BARDOL
Plaintiff
va.
ANNE T. BARDOL
NO. 99-4966 19
MOTION FOR APPOINTMENT OF MASTER
John F. Bardol (Plaintiff) (Debendawo, moves the court to appoint
a master with respect to the following claims:
( ) Divorce Q(x ) Distribution of Property
( ) Annulment ( ) Support
(xx) Alimony ( ) Counsel Fees
( ) Alimony Pendente Lite ( ) Costs and Expenses
and in support of the motion states:
(1) Discovery is complete as to the claims(s) for which the
appointment of a master is requested.
r (2) The defendant (has) AbMAWC:appeared in the action (personally)
(by 91s attorney. xa hl n r. Dal yory gr ,Esquire).
(3) The statutound(s) for divorce (is) (are)
irratriavahla hroa kAnwn
(4) Delete the inapplicable paragraph(s):
(a) xWzexaakjaax:Enx>< cftA=Zft dRd.
(b) knxrg:rrmrsLx3ismnl:eeoc?amNddxKicRkxRSRBRltCxAc:tatlR
following claims:
(c) The action is contested with respect to the follol
claims: property division and alimonv
or fact.
not
(6) The hearing is expected to take 1 (,toutQ (days).
(7) Additional information, if any. relevant to the motion:
Date: June 28, 2000
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