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HomeMy WebLinkAbout03-6428 ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW CRAIG ALLEN WILSON, Defendant NO. 03 - &. q~p IN DIVORCE Oi~tCT~ NOTICE TO DEFEND AND CI~ATM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB 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 32 Bedford Street Carlisle, P A 17013 (717)249-3166 .' ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA Ys. CIVIL ACTION - LAW CRAIG ALLEN WILSON, Defendant NO. IN DIVORCE WAIVER OF COUNSEI.TNG ANN MARIE WILSON, being duly sworn according to law, deposes and says; I. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Dated: 11/10/2001 ~vr; /!){l{U ;?~dEAL) ~f:kE WI~()N ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. O~ -&.4 J..t IN DNORCE Cio~LT~ CRAIG ALLEN WILSON, Defendant COIJNTJ COMPT,ATNT UNDRR SRCTION 3301(C) OF THR DJVORCR CODE AND NOW, this lOth day of November, 2003, comes the Plaintiff, ANN MARIE WILSON, by and through her attorneys, the Law Offices BATURIN & BATURIN, and respectfully represents the following: 1. Plaintiff, ANN MARIE WILSON, is an adult individual, with a social security number of 161-38-9485, and who currently resides at 119 Cricket Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, CRAIG ALLEN WILSON, is an adult individual, with a social security number of 202-38-6796, and who currently resides at 119 Cricket Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff avers that she has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The parties were married on July 23, 1983, in New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 7. The Defendant in this action is not presently a member of the United States Armed Forces or of any of its allies. 8. The marriage is irretrievably broken. 9. There are three (3) children born to this marriage. 10. Plaintiff requests the court to enter a decree of divorce. COUNT II COMPLAINT UNDRR SRCTJON 3301 (a)(6) OF THR DTVORCR CODR 11. The averments of Paragraphs 1 through 10 herein are hereby incorporated by reference thereto. 12. In the alternative, the Plaintiff avers that, in violation of their marriage vows and the laws of the Commonwealth of Pennsylvania, the Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, as to render her condition intolerable and life burdensome. COUNT rn EQUITABUi-: DISTRIBUTION 13. The averments of Paragraphs 1 through 12 herein are hereby incorporated by reference thereto. 14. Plaintiff and Defendant are the owners of real property that qualifies as marital property as defined in the Pennsylvania Divorce Code and is subject to equitable distribution by this Court. 15. Plaintiff and Defendant are the owners of various items of persona 1 property, furniture and other household furnishings acquired during their marriage, which are subject to equitable distribution by this Court. 16. Plaintiff and Defendant are also owners of other various items of property, such as motor vehicles, bank accounts and other items of personalty acquired during the marriage that are subject to equitable distribution by this Court. 17. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties. COUNT IV ALIMONY 18. Paragraphs 1 through 17 ofthe within Complaint are incorporated herein by reference. 19. Plaintifflacks sufficient property to provide for her reasonable means and is unable to adequately support herself through appropriate employment. 20. Plaintiff requires reasonable support to adequately maintain herself. 21. Plaintiff requests this Court to preserve her right to seek an award ofreasonable alimony. COUNT V ALIMONY PENDENTE UTE, COUNSEL FEES, COSTS AND EXPENSES 22. Paragraphs I through 21 ofthe within Complaint are incorporated herein by reference. 23. Plaintiff has employed the law firm ofBATURIN & BATURIN as counsel. Plaintiff is uncertain as to the extent of the necessary and reasonable attorneys' fees which Plaintiff believes she will be fully unable to pay. 24. Plaintiff will need to hire a real estate appraiser and may need other experts and does not have the funds necessary to pay the necessary and reasonable costs. 25. Plaintiff requests the Court to allow her reasonab Ie alimony pendente lite, counsel fees, costs and expenses and to order such additional sums thereafter as may be deemed necessary and appropriate, and at final hearing to further award such additional counsel fees and costs of experts and an appraiser as are deemed necessary and appropriate. WHEREFORE, Plaintiff prays Your Honorable Court to: (a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; (b) Order equitable distribution of marital property; (c) Order payment of alimony as the Court deems just and reasonable; (d) Order payment of alimony pendente lite, counsel fees, costs of experts and expenses as the Court deems just and reasonable; (e) Order such other relief as the Court deems just and reasonable. Respectfully submitted, DATE: 11/10/2003 BATURIN & BATURIN By: Wfl. ~ Harry M. Baturin, Esquire Attorney I.D. No. 83006 717 North Second Street Harrisburg, P A 17102 (717) 234-2427 Attorney for Plaintiff VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.s. S4904, RELATING TO UNSWORN FALSITICATION TO AUTHORITIES. Dated: 11/10/2003 ch ~' ~~" , .' I. j ~ i/l . fU.I~ ~~ fiO(SEAL) ANN MARIE WI ON 1~ ~~ er, -!=::. Crt .- r ~ ~ III ~ ~ ~~~ ~ 0 ~~ DOv I I ~W ~~ fj2 C) ,-', ( .., , ri-C] ./ ?- '='< r~ ~;~- :..J ~. ~. -. ! :::j r '~6 -< (Y\ -< . ..,.L. ,..../ " € vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANN MARIE WILSON, Plaintiff CRAIG ALLEN WILSON, Defendant NO. 03-6428 IN DIVORCE CERTIFICATE OF SERVICE I, Harry M. BATURlN, ESQUIRE, of the Law Firm ofBaturin & Baturin, attorneys for the Plaintiff in the above captioned matter, do hereby certify that on December 12,2003, I deposited in the United States Mail, at the United States Post Office, Federal Square Station, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested, marked "Restricted Delivery", a certified copy of the Complaint in Divorce and Notice to Defend and Claim Rights attached thereto, bearing Article No. 7000 0520 0023 0131 7939, addressed to: Craig A. Wilson, 119 Cricket Lane, Camp Hill, PA 17011. The said article of Certified Mail, as shown by the Postal Return Receipt Card was received by the Defendant herein on December 13, 2003, and according to same, was signed by him, to wit: Craig A. Wilson, which card is attached hereto and marked as Exhibit" A", along with the deposit slip dated December 12, 2003, for said article of Certified Mail aforementioned. Respectfully submitted, BATURIN &BATURIN By: ~r1.~ HARRY M. BATURIN, ESQUIRE Attorney LD. 83006 717 North Second Street Harrisburg, P A 17102 (717) 234-2427 Attorneys for Plaintiff Dated: December 15, 2003 u S PO',Lll SC'IVlll CERTIFIED MAIL RECEIPT DOllIe /1, (Idil ()!l1- N,J! I ,II JIlCt' COVi'J gl PI( 'I IT' rn ~ CAlI' Hill FA 17011 r-=I postage $ "0.60 rn .-'l o CertIfied Fee ITl Retum ReceIpt Fee ru (Endorsement RequIred) o Restricted Delivery Fee o (Endorsement Required) _........a.... $ .-............ Exhibit "A" "~'I ~C5 l8 f;; ~ r;> ~ -'.' ....,., c.. ...., "'" ~ '"" t:::, r'1 c-, ~ 3! nl:7: r':: :T,trTl ,dC"] () T ':-iJ~:? - co ,I ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CRAIG ALLEN WILSON, Defendant NO. 03-6428 IN DIVORCE RRQURST FOR PRODUCTION OF DOCUMRNTS TO BR PROVTDRD BY DRFRNDANT, CRAIG Al ,I ,RN wn ,SON TO: Mr. Craig Allen Wilson c/o Samuel 1. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, P A 17043 Pursuant to Rule 4009 of the Pennsylvania Rules of Civil Procedure, Plaintiff, ANN MARIE WILSON, requests that Defendant, CRAIG ALLEN WILSON, produce for inspection and copying the documents and tangible things described below. These requests are continuing. To the extent Defendant, CRAIG ALLEN WILSON, discovers documents and tangible items after he has responded, Defendant, is requested to promptly serve supplemental responses. The words "document" and "documents" as herein used include but are not limited to any written or graphic matter of any kind or character, however produced or reproduced, and any other matter concerning the recording of data or information upon any tangible thing by any means, including, but not limited to, the original and by any non-identical copy of any of the following (regardless of however or by whomever prepared, produced or reproduced): books, records, reports, memoranda, notes, letters, speeches, telegrams, diaries, calendar or diary entries, schedules, maps, graphs, contracts, appraisals, studies, analysis, summaries, instructions, photographs, films, surveys, messages, correspondence, letters, tables, drawings, and including preliminary versions, drafts or revisions of any of the foregoing as well as all other documents defined by Rule 4009. DOCUMRNTS TO BR PRODUCED I. All documents required to be identified in your answers to the Interrogatories addressed to Defendant. 2. All documents, not subject to privilege or confidentiality, in your possession, custody or control which were prepared in anticipation oflitigation or trial of this Petition. 3. All bank statements of Defendant, including but not limited to, checking accounts, savings accounts, certificates of deposit, Christmas clubs, or any other such accounts in which Defendant has had any interest whatsoever, whether as sole owner, joint owner, trustee, power of attorney, or other such interest or control since 1993. 4. Front and back photocopies or originals of all checks and deposit slips since 1993, from all checking accounts, presently or formerly held, in which Defendant has had any interest whatsoever, whether as sole owner, joint owner, trustee, power of attorney, or any other such interest, control or capacity. 5. The entire file accumulated by you relating to the incident which is the subject of this litigation, including but not limited to any item within the definition of documents explained above, as well as any other document or tangible object, correspondence, memoranda, notes, photographs, telephone log, guidelines in the possession or control of your accountant, bank, stock broker, or savings-and loan institution which in any way relate to the incident which is the subject matter of this litigation. 6. All expert opinions, expert reports, photographs, expert summaries or other writings of experts in your custody or control or in the custody or control of your attorney, insurer, or anyone else acting on your behalf, which relate to any aspect of the subject matter of this litigation. 7. All other deeds to all properties in the name of the Plaintiff, Defendant or both. Respectfully submitted, Date:,J,)J 5/ 0 ~ BATURIN & BATURIN By:1/11i J+ Madelaine N. Baturin, Esquire Attorney I.D. No. 68971 717 North Second Street Harrisburg, PAl 7102 (717) 234-2427 Attorney for Plaintiff ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CRAIG ALLEN WILSON, Defendant NO. 03-6428 IN DIVORCE CERTTFICA TE OF SERVICE I if!-- AND NOW, this ~ day of January, 2004, I Madelaine N. Baturin, Esquire, Attorney for Plaintiff, do hereby certify that I have served by I depositing in the United States Mail, Harrisburg, Pennsylvania, a copy of the attached Request for Production of Documents to be Provided by Defendant, Craig Allen Wilson, this day to the following address: Mr. Craig Allen Wilson c/o Samuel 1. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, P A 17043 Attorney for Defendant Respectfully submitted, BATURIN & BATURIN Date: '!(3)oL{ ( I '1 ;1 '1'.1 ~-' By: ~^ / " _ / ) Madelaine N. Baturin, Esquire Attorney LD. No. 68971 717 North Second Street Harrisburg, P A 17102 (717) 234-2427 Attorney for Plaintiff () c r-> ""> ,5 J:" <- :;:.. z o TO -< :r.:.." rn-- ,- -om -:oc( So *:i~ \. )-. :,:~O c--Sm ~~--l :::z ..- ..." .-::~ r;? '" ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CRAIG ALLEN WILSON, Defendant NO. 03-6428 IN DIVORCE INTERROGA TORIES IN DIVORCE ACTION TO: Mr. Craig Allen Wilson c/o Samuel 1. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, P A 17043 PURSUANT TO THE PROVISIONS ofPa.R.C.P. 1930.5 and 4001, et. seq., you are required to file the original and serve a copy on the undersigned of your Answers and Objections, if any, in writing and under oath, to the following Interrogatori($ within (30) days after service of the Interrogatories. The answers shall be inserted in the spaces provided aft,er each Interrogatory. Ifthere is insufficient space to answer and Interrogatory, the remainder ofthe answer shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature in accordance with the provisions ofPa.R.C.P. 4007.4, as amended. Any information secured subsequent to the filing which would have been includable in the answers had it been known or available, are to be promptly supplied by supplemental answers. DEFINITIONS AND INSTRUCTIONS Answer every interrogatory. No question is to be left blank. Ifthe answer to an interrogatory is "none" or "unknown", such statement must be written in the answer. If the questions is inapplicable, "N/A" must be written in the answer. 1. "Documents" is an all-inclusive term referring to any writing and/or recorded or graphic matter, however, produced or reproduced. The term "documents" includes without limitation, correspondence, memoranda, interoffice communications, minutes, reports, notes, schedules, analysis, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, tax returns, and financial statements, and all other such documents tangible or retrievable of any kind. "Documents" also include any preliminary notes and drafts of all the foregoing, in whatever form, for example, printed, typed, longhand, shorthand, on paper, paper tape, tabulating cards, ribbon, blueprints, magnetic tape, microfilm, film, motion picture film, phonograph records, computer discs or other form. 2. With respect to documents, the term "identify" means to give the date, title, author and addressee; "identify" with respect to documents further means: a. To describe a document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a file or wherever it may be located; b. To describe it in a manner suitable for use as a description in a subpoena; c. To give the name, address, position or title of the person(s) who has custody of the document and/or copies thereof; 3. "Identify" when used in reference to an individual means: a. To state his/her full name; b. Present residence address or last known residence; c. Present or last known business address; d. Present employer or last known employer; and, e. Whether ever employed by any party to this action and, if so, the dates he/she was employed by such party, the name of such party, and the last position held as an employee of such party. 4. Whenever the expression "and/or" is used in these Interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive it should be given separately for each and every element sought. 5. Wherever a date, amount or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not known; and then, the approximate date, amount or other computation or figure is an estimate or approximation. Respectfully submitted, BA TURIN & BATURIN Date: By: Madelaine N. Baturin, Esquire Attorney LD. No. 68971 717 North Second Street Harrisburg, P A 17102 (717) 234-2427 Attorney for Plaintiff INTRRROGA TORTES 1. Please state your full name, your present home address, the name and relationship to you of each person residing with you, your social security number and your date of birth. ANSWER: 2. If you are presently employed, state fully for eac:h employment, the full name, address and telephone number of your employer, the date you commenced your employment; your job title or position and responsibilities; your employee or payroll number; the name, address and position of your immediate supervisor; and the name and address of each bookkeeper, payroll clerk or otherperson(s) who has custody ofrecords of salaries, commissions, bonuses, allowances, expenses or any other sums of money paid to you by your present employer(s) during the term of your employment. ANSWER: 3. State the names, the hours and the rate of pay or eamings, setting forth particularly your gross average weekly salary, wages, commissions and overtime pay, any bonuses, gratuities, expenses and drawing accounts and allowances for transportation and other accommodations and expenses, all pensions, stock purchase options, t\retirement plans, insurance, profit sharing or other benefit plans. Ifthere is a contract of employment, state the terms thereof or, if in writing, attach a copy thereto. ANSWER: 4. What was the amount of your gross salary from all sources for 1993 to the current year. Please attach a copy of your 1993 to the current Federal Income Tax Returns. ANSWER: 5. If you are self-employed or conduct a business or a profession as a sole proprietor, partner or corporation, state: a. Which it is b. The nature thereof c. The name, address and telephone number thereof. If a partnership, list the names and addresses of all partners and the extent of their interest therein. If a corporation, list the names and addresses of all din~ctors, officers and shareholders, the extent of their shareholdings and the relationship to you of all partners, shareholders, directors and officers. ANSWER: 6. With reference to the enterprises set forth in the preceding question, state where the books and records thereof are kept, the name and address of the person in whose charge they are and the name and address of any accountants and auditors whose services are used. ANSWER: 7. Do you, individually, or with anyone else, now hold or have you held any interest in any real property at any time during the past ten (10) years; if so, state fully the name and address of the entity or individual( s) in whose name the property is titled, the address and legal description of the property, the date of acquisition and consideration and the original amount of mortgages thereon, the balance due thereon and the name and address ofthe mortgagee, and the present fair market value of the property. ANSWER: 8. If you own any stocks, bonds, including U.S. Saving Bonds, or other securities of any kind, state the description and identification of the security or bond, the identity of any co- owner or interest holders, date of acquisition, value of acquisition, number of shares or bonds presently held, the amount and frequency of dividends or income payable, and the present location. Also, if any stocks or bonds have been sold or otherwise transferred since January 1993, state the date of said transaction, number of shares or bonds involved, consideration received and disposition of said consideration. ANSWER: 9. Identify all banks and savings and loan association accounts, time deposits, certificates of deposit, treasury notes, savings, clubs, thrift plans, money market funds, checking accounts, individual retirement accounts, credit union accounts in your name alone, with any other individual or in any other individual's name in your behalf and for each such item state the location of the account or other item, the account number or other identifying number, the balance or value of said account or other item since January 1993, to the present, name and address of each co-owner or person named on said account or item, and if any such items have been disposed of since January 1993, state the date, amount involved and disposition of funds realized therefrom. Attach copies of all monthly or other periodic statements for said accounts since 1993 to the present. ANSWER: 10. If you own and/or possess any personal property, including, but not limited to, such items as cash, furniture, appliances, jewelry, precious metals or stones, coin collection, stamp collection, weapons collections, automobiles, trucks, motorcycles and any recreational or other vehicles, or any other item of value, identify the item and state fully the description of the asset and the title owner, the present location of the asset, the purchase price or other consideration furnished for the asset, the present value, stating how said value was calculated, and name and address of any co-owners. ANSWER: 11. Set forth a list of all monies or other assets received by you in way of gifts, inheritance, or any other source other than earnings, since Janmrry 1, 1993, setting forth for each, the date received, amount received, name and address of the person, firm or corporation from which received, the reason or basis of receipt and if the gift or inheritance was received in a form other than money, indicate the value of the gift, when it was received, if sold, date of sale, consideration received and disposition of the proceeds. ANSWER: 12. List all life insurance policies of which you are the owner, insured or beneficiary, and for each, please state the identity of the insurance company and policy number, the face amount, the identity of the owner, insured and beneficiary and ,my relationship to you, the armual premiums of the payer, the present cash surrender value and the: name of any beneficiaries of any insurance policies which have been changed during the past ten (10) years. ANSWER: 13. Do you have any interest, vested or otherwise, in any pension plan, profit sharing plan, IRA, Keough or any other retirement plan. List all infomlation regarding plans since 1993. If so, please state the name ofthe plan, the name and address of the plan administrator, the types ofplan(s) established for your benefit, whether your employer contributes to the plan and, if so, on what basis, the date the first contribution was made by you or on your behalf to the plan, the value of your interest in the planes) as of this date, and how you determined the value. If you have made any withdrawals of funds from said planes) state the date, amount and disposition of each withdrawal. Attach a copy of the planes) and all statements received by you for each of the past ten (10) years to your answers to these Interrogatories. ANSWER: 14. Do you have, or have you had, during the past ten (10) years access to any safe deposit box or other depository for valuables and, if so, describe in detail the contents which were in the safe deposit box during the past ten (10) calendar ye:ars and identify any items which may have been removed from same during that time setting the date of removal and disposition of the items removed. ANSWER: 15. List any and all amounts due to you of whatever nature, and for each amount listed, the identity of the obligor or debtor, the original and current amount ofindebtness, the term of the obligation, and attach any and all documents relating thereto. ANSWER: 16. Identify any and all liabilities or obligations of whatever nature, including a list of credit card accounts that you may have which are not disclosed in prior Interrogatories, and for each, please state the nature of the liability or obligation, the date initially incurred, the identity of the creditor or obligee, the amount of the original liability or obligation, the outstanding balance, if any, the account number and the amount and frequency of payments thereon. ANSWER: 17. Have you prepared or had prepared on your behalf or for your benefit any loan application or financial statements within the past ten (10) years, and, ifso, attach said loan application or financial statements. ANSWER: 18. If you will do so without a request for production of documents, attach check stubs, check registers and canceled checks for all bank accounts in which you individually or jointly with anyone or more other parties, were an authorized signatory, as of January 1, 1993. ANSWER: 19. If you will do so without a request for production of documents, produce all monthly credit card statements for the period from January 1, 1993, until present date. ANSWER: 20. Set forth a list of all monies borrowed by you during the current year and the past ten (10) calendar years, setting forth as to each such separate borrowing: a. Date when each amount was borrowed; b. Amount borrowed; c. Name and address of persons, firm or corporation from whom borrowed; d. Method of which funds were received, that is, cash or check; e. Whether the loan was evidenced or secured by any note or any other evidence of such obligation; f. Name and address of any person who co-signed or guaranteed such loan; g. If loan is secured in part or in full, description of security given; h. Dates and amounts of any payments made on account of any such loan and method of payment; 1. Present unpaid amount; and, J. Rate of interest on loans. ANSWER: 21. Please state your complete educational history commencing with high school as well as any specialized training you may have received. ANSWER: 22. Please state your complete employment history commencing with date of completion of your formal education through and including the present time indicating by whom you were employed, the nature of employment, the dates worked for each employer and the gross and net earnings realized from each position. State the source and amounts of all income received since the date of separation not already identified in thl~ answers to these Interrogatories. Attach copies of all documentation verifying said income. Attach copies of your resume or curriculum vitae. ANSWER: 23. If during the last ten (10) years you have sold, tr;illsferred or otherwise disposed of any items in questions 5 through 14, or any interest therein, state which items were sold, transferred or otherwise disposed of, to whom, the date of the transaction and the consideration received for each. ANSWER: 24. If you contribute to anyone's support or welfare, list: a. The name and address of those whom you support; b. Their relationship to you; c. Amount and frequency of support payments; d. Whether voluntary or by Court Order; and, e. Name and address of Court and every attorney involved. ANSWER: 25. Itemize your average monthly living expenses in detail, including but not limited to, rent, clothing, food, utilities, telephone, transportation and car, medical and dental insurance of any nature, mortgage and other loan payments, taxes and other regular personal items of any nature. ANSWER: 26. Are you the grantor, beneficiary or holder of a power of appointment for any trust created by you, the members of your family or by any corporation? If so, for each trust, state: a. The date of the trust instrument b. The name of the settlor of each trust c. The name of the beneficiary of such trust d. The amount of each trust corpus e. Any restrictions on alienation to which such corpus is subject f. The terms of each trust instrument ANSWER: 27. List any gifts or contributions made by you in excess of the sum of Five Hundred ($500.00) Dollars within the past ten (10) years. For each such gift or contribution, state: a. The name of such gift b. The amount of such gift c. The reason of such gift d. Whether or not any gift tax return was filed in respect to such gift ANSWER: 28. State the date that you and your spouse separated. ANSWER: VERIFICATION I VERIFY THAT THE STATEMENT MADE IN THESE INTERROGATORIES ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENAL TIES OF 18 P A.C.S. SECTION 4904, RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. Dated: (SEAL) CRAIG ALLEN WILSON ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CRAIG ALLEN WILSON, Defendant NO. 03-6428 IN DIVORCE CRRTIFICATR OF SRRVICE ~ AND NOW, this IT day of January, 2004, I Madelaine N. Baturin, Esquire, Attorney for Plaintiff, do hereby certify that I have served by depositing in the United States Mail, Harrisburg, Pennsylvania, a copy of the attached Interrogatories in Divorce Action to Defendant, Craig Allen Wilson, this day to the following address: Mr. Craig Allen Wilson c/o Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, P A 17043 Attorney for Defendant Respectfully submitted, Date:~ BATURIN&. B~[. URm ~ V( ',n .~// By: Madelaine N. Baturin, Esquire Attorney J.D. No. 68971 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Plaintiff ANN MARIE WILSON, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CRAIG ALLEN WILSON, Defendant NO. 03-6428 IN DIVORCE TNTERROGA TORTES TN DIVORCE ACTION TO: Mr. Craig Allen Wilson c/o Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, P A 17043 PURSUANT TO THE PROVISIONS ofPa.R.C.P. 1930.5 and 4001, et. seq., you are required to file the original and serve a copy on the undersigned of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within (30) days after service of the Interrogatories. The answers shall be inserted in the spaces provided after each Interrogatory. If there is insufficient space to answer and Interrogatory, the remainder of the answer shall follow on a supplemental sheet. These Interrogatories shall be deemed to be continuing in nature in accordance with the provisions ofPa.R.C.P. 4007.4, as amended. Any information secured subsequent to the filing which would have been includable in the answers had it been known or available, are to be promptly supplied by supplemental answers. DEFINITIONS AND INSTRUCTIONS Answer every interrogatory. No question is to be left blank. If the answer to an interrogatory is "none" or "unknown", such statement must be written in the answer. rfthe questions is inapplicable, "N/ A" must be written in the answer. 1. "Documents" is an all-inclusive term referring to any writing and/or recorded or graphic matter, however, produced or reproduced. The term "documents" includes without limitation, correspondence, memoranda, interoffice communications, minutes, reports, notes, schedules, analysis, drawings, diagrams, tables, graphs, charts, maps, surveys, books of account, ledgers, invoices, purchase orders, pleadings, questionnaires, contracts, bills, checks, drafts, diaries, logs, proposals, print-outs, recordings, telegrams, films, tax returns, and financial statements, and all other such documents tangible or retrievable of any kind. "Documents" also include any preliminary notes and drafts of all the foregoing, in whatever form, for example, printed, typed, longhand, shorthand, on paper, paper tape, tabulating cards, ribbon, blueprints, magnetic tape, microfilm, film, motion picture film, phonograph records, computer discs or other form. 2. With respect to documents, the term "identify" means to give the date, title, author and addressee; "identify" with respect to documents further means: a. To describe a document sufficiently well to enable the interrogator to know what such document is and to retrieve it from a file or wherever it may be located; b. To describe it in a marmer suitable for use as a description in a subpoena; c. To give the name, address, position or title of the person(s) who has custody of the document and/or copies thereof; 3. "Identify" when used in reference to an individual means: a. To state hislher full name; b. Present residence address or last known residence; c. Present or last known business address; d. Present employer or last known employe:r; and, e. Whether ever employed by any party to this action and, if so, the dates he/she was employed by such party, the name of such party, and the last position held as an employee of such party. 4. Whenever the expression "and/or" is used in these Interrogatories, the information called for should be set out both in the conjunctive and disjunctive, and wherever the information is set out in the disjunctive it should be given separately for each and every element sought. 5. Wherever a date, amount or other computation or figure is requested, the exact date, amount or other computation or figure is to be given unless it is not known; and then, the approximate date, amount or other computation or figure is an (:stimate or approximation. Respectfully submitted, BATURIN & BATURIN Date: By: Madelaine N. Baturin, Esquire Attorney J.D. No. 68971 717 North Second Street Harrisburg, P A 171 02 (717) 234-2427 Attorney for Plaintiff TNTERROGA TORTES I. Please state your full name, your present home address, the name and relationship to you of each person residing with you, your social security number and your date of birth. ANSWER: 2. If you are presently employed, state fully for each employment, the full name, address and telephone number of your employer, the date you commenced your employment; your job title or position and responsibilities; your employee or payroll number; the name, address and position of your immediate supervisor; and the name and address of each bookkeeper, payroll clerk or other person( s) who has custody of records of salaries, commissions, bonuses, allowances, expenses or any other sums of money paid to you by your present employer(s) during the term of your employment. ANSWER: 3. State the names, the hours and the rate of pay or earnings, setting forth particularly your gross average weekly salary, wages, commissions and overtime pay, any bonuses, gratuities, expenses and drawing accounts and allowances for transportation and other accommodations and expenses, all pensions, stock purchase options, t\retirement plans, insurance, profit sharing or other benefit plans. Ifthere is a contract of employment, state the terms thereof or, if in writing, attach a copy thereto. ANSWER: 4. What was the amount of your gross salary from all sources for 1993 to the current year. Please attach a copy of your 1993 to the current Federal Income Tax Returns. ANSWER: 5. If you are self-employed or conduct a business or a profession as a sole proprietor, partner or corporation, state: a. Which it is b. The nature thereo f c. The name, address and telephone number thereof. If a partnership, list the names and addresses of all partners and the extent of their interest therein. If a corporation, list the names and addresses of all directors, officers and shareholders, the extent of their shareholdings and the relationship to you of all partners, shareholders, directors and officers. ANSWER: 6. With reference to the enterprises set forth in the: preceding question, state where the books and records thereof are kept, the name and address of the person in whose charge they are and the name and address of any accountants and auditors whose services are used. ANSWER: 7. Do you, individually, or with anyone else, now hold or have you held any interest in any real property at any time during the past ten (10) years; if so, state fully the name and address of the entity or individual( s) in whose name the property is titled, the address and legal description of the property, the date of acquisition and consideration and the original amount of mortgages thereon, the balance due thereon and the name and address of the mortgagee, and the present fair market value of the property. ANSWER: 8. If you own any stocks, bonds, including U.S. Saving Bonds, or other securities of any kind, state the description and identification of the security or bond, the identity of any co- owner or interest holders, date of acquisition, value of acquisition, number of shares or bonds presently held, the amount and frequency of dividends or income payable, and the present location. Also, if any stocks or bonds have been sold or otherwise transferred since January 1993, state the date of said transaction, number of shares or bonds involved, consideration received and disposition of said consideration. ANSWER: 9. Identify all banks and savings and loan association accounts, time deposits, certificates of deposit, treasury notes, savings, clubs, thrift plans, money market funds, checking accounts, individual retirement accounts, credit union accounts in your name alone, with any other individual or in any other individual's name in your behalf and for each such item state the location of the account or other item, the account number or other identifying number, the balance or value of said account or other item since January 1993, to the present, name and address of each co-owner or person named on said account or item, and if any such items have been disposed of since January 1993, state the date, amount involved and disposition of funds realized therefrom. Attach copies of all monthly or other periodic statements for said accounts since 1993 to the present. ANSWER: 10. If you own and/or possess any personal property, including, but not limited to, such items as cash, furniture, appliances, jewelry, precious metals or stones, coin collection, stamp collection, weapons collections, automobiles, trucks, motorcycles and any recreational or other vehicles, or any other item of value, identify the item and state fully the description of the asset and the title owner, the present location ofthe asset, the purchase price or other consideration furnished for the asset, the present value, stating how said value was calculated, and name and address of any co-owners. ANSWER: 11. Set forth a list of all monies or other assets received by you in way of gifts, inheritance, or any other source other than earnings, since January 1, 1993, setting forth for each, the date received, amount received, name and address of the person, firm or corporation from which received, the reason or basis of receipt and if the gift or inheritance was received in a form other than money, indicate the value of the gift, when it was received, if sold, date of sale, consideration received and disposition of the proceeds. ANSWER: 12. List all life insurance policies of which you are the owner, insured or beneficiary, and for each, please state the identity of the insurance company and policy number, the face amount, the identity of the owner, insured and beneficiary and any relationship to you, the armual premiums of the payer, the present cash surrender value and the name of any beneficiaries of any insurance policies which have been changed during the past ten (10) years. ANSWER: 13. Do you have any interest, vested or otherwise, in any pension plan, profit sharing plan, IRA, Keough or any other retirement plan. List all information regarding plans since 1993. If so, please state the name ofthe plan, the name and address of the plan administrator, the types ofplan(s) established for your benefit, whether your employer contributes to the plan and, if so, on what basis, the date the first contribution was made by you or on your behalf to the plan, the value of your interest in the planes) as of this date, and how you determined the value. If you have made any withdrawals of funds from said planes) state the date, amount and disposition of each withdrawal. Attach a copy ofthe planes) and all statements received by you for each of the past ten (10) years to your answers to these Interrogatories. ANSWER: 14. Do you have, or have you had, during the past ten (10) years access to any safe deposit box or other depository for valuables and, if so, describe in detail the contents which were in the safe deposit box during the past ten (10) calendar years and identify any items which may have been removed from same during that time setting the: date of removal and disposition ofthe items removed. ANSWER: 15. List any and all amounts due to you of whatever nature, and for each amount listed, the identity of the obligor or debtor, the original and current amount of indebtness, the term of the obligation, and attach any and all documents relating thereto. ANSWER: 16. Identify any and all liabilities or obligations of whatever nature, including a list of credit card accounts that you may have which are not disclosed in prior Interrogatories, and for each, please state the nature of the liability or obligation, the date initially incurred, the identity of the creditor or obligee, the amount of the original liability or obligation, the outstanding balance, if any, the account number and the amount and frequency of payments thereon. ANSWER: 17. Have you prepared or had prepared on your behalf or for your benefit any loan application or financial statements within the past ten (10) years, and, if so, attach said loan application or financial statements. ANSWER: 18. If you will do so without a request for production of documents, attach check stubs, check registers and canceled checks for all bank accounts in which you individually or jointly with anyone or more other parties, were an authorized signatory, as of January I, 1993. ANSWER: 19. If you will do so without a request for production of documents, produce all monthly credit card statements for the period from January I, 1993, until present date. ANSWER: 20. Set forth a list of all monies borrowed by you during the current year and the past ten (10) calendar years, setting forth as to each such separate borrowing: a. Date when each amount was borrowed; b. Amount borrowed; c. Name and address of persons, firm or corporation from whom borrowed; d. Method of which funds were received, that is, cash or check; e. Whether the loan was evidenced or secured by any note or any other evidence of such obligation; f. Name and address of any person who co-signed or guaranteed such loan; g. If loan is secured in part or in full, description of security given; h. Dates and amounts of any payments made on account of any such loan and method of payment; 1. Present unpaid amount; and, J. Rate of interest on loans. ANSWER: 21. Please state your complete educational history commencing with high school as well as any specialized training you may have received. ANSWER: 22. Please state your complete employment history eommencing with date of completion of your formal education through and including the present time indicating by whom you were employed, the nature of employment, the dates worked for each employer and the gross and net earnings realized from each position. State the source and amounts of all income received since the date of separation not already identified in the answers to these Interrogatories. Attach copies of all documentation verifying said income. Attach copies of your resume or curriculum vitae. ANSWER: 23. If during the last ten (10) years you have sold, transferred or otherwise disposed of any items in questions 5 through 14, or any interest therein, state which items were sold, transferred or otherwise disposed of, to whom, the date of the transaction and the consideration received for each. ANSWER: 24. If you contribute to anyone's support or welfare., list: a. The name and address of those whom you support; b. Their relationship to you; c. Amount and frequency of support payments; d. Whether voluntary or by Court Order; and, e. Name and address of Court and every attorney involved. ANSWER: 25. Itemize your average monthly living expenses in detail, including but not limited to, rent, clothing, food, utilities, telephone, transportation and car, medical and dental insurance of any nature, mortgage and other loan payments, taxes and other regular personal items of any nature. ANSWER: 26. Are you the grantor, beneficiary or holder of a power of appointment for any trust created by you, the members of your family or by any corporation? If so, for each trust, state: a. The date of the trust instrument b. The name of the settlor of each trust c. The name of the beneficiary of such trust d. The amount of each trust corpus e. Any restrictions on alienation to which such corpus is subject f. The terms of each trust instrument ANSWER: 27. List any gifts or contributions made by you in excess of the sum of Five Hundred ($500.00) Dollars within the past ten (10) years. For each such gift or contribution, state: a. The name of such gift b. The amount of such gift c. The reason of such gift d. Whether or not any gift tax return was filed in respect to such gift ANSWER: 28. State the date that you and your spouse separated. ANSWER: VERIFICATION I VERIFY THAT THE STATEMENT MADE IN THESE INTERROGATORIES 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. Dated: (SEAL) CRAIG ALLEN WILSON ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CRAIG ALLEN WILSON, Defendant NO. 03-6428 IN DIVORCE CRRTIFICATR OF SERVICE ~ AND NOW, this IT day of January, 2004, I Madelaine N. Baturin, Esquire, Attorney for Plaintiff, do hereby certify that I have served by depositing in the United States Mail, Harrisburg, Pennsylvania, a copy of the attached Interrogatories in Divorce Action to Defendant, Craig Allen Wilson, this day to the following address: Mr. Craig Allen Wilson c/o Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, P A 17043 Attorney for Defendant Respectfully submitted, Date:~ BATURIN,&B~TURIN ~ V( VI .~./ By: . I Madelaine N. Baturin, Esquire Attorney J.D. No. 68971 717 North Second Street Harrisburg, P A 17102 (717) 234-2427 Attorney for Plaintiff II ANN MARIE WILSON, Plaintiff vs. ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CRAIG ALLEN WILSON, Defendant NO. 03-6428 CIVIL TERM [N DIVORCE DEFENDANT'S PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and petitions the Court to award him exclusive possession of the parties' residence at 119 Cricket Lane in Camp Hill, Cumberland County, Pennsylvania, based upon the following: I. The Petitioner herein is the Defendant. The Respondent is the Plaintiff. 2. The Plaintiff commenced this action by filing a Complaint in Divorce on II December 2003 in which she raised various economic claims. 3. The parties are the parents of three children, Justin R. Wilson, now age 19 and a student in college, Keith B. Wilson, now age 16 and a junior in high school, and Jeffrey Y. Wilson, age 14 and a freshman in high school. Presently, the parties and the children all reside in the residence at 119 Cricket Lane. 4. Plaintiffs continued presence in the marital home is detrimental to Defendant and to the parties' children for several reasons: A. Plaintiff is currently involved in a romantic and sexual relationship with another man and spends long periods of time, including most weekends, away from the family home and with her paramour. II B. Plaintiff has suggested to Defendant, and Defendant believes she has made statements to others, threatening to file a protection from abuse action against Defendant to force him out of the residence. Plaintiff has no legal or factual basis to file such an action and Defendant believes that she will file that action in bad faith simply to gain an economic advantage in her divorce action. C. Plaintiff has begun moving items of personal property and furniture from the family residence and has done so in the presence of the parties' children. D. Plaintiffs conduct toward Defendant, and in the presence ofthe children, is damaging to the children's relationship with both parents and risks disruption of Defendant's ability to care for the children. 5. An award of exclusive possession of the residence to Defendant is justified for the following reasons: A. Plaintiff, by her conduct, has demonstrated an indifference to the family and a failure to perform parental responsibilities with regard to the children. B. Defendant is better able to provide for the needs of the children and to provide them with constant parental care an supervision. C. Defendant operates his business, to a large extent, out of the residence, and allowing him to remain in the residence during the break-up of the marriage will insure the continuation of his business and his continued ability to support the children. D. Allowing Defendant and the children to remain in the residence will continue a healthy and appropriate residence and lifestyle for the children. 6. Defendant believes that an award of exclusive possession of the residence to him is in the best interests of himself and the parties' children and will preserve a suitable residence and care for the children. 2 II WHEREFORE, Defendant prays this Court to award him exclusive possession of the marital residence until further order of court or until the conclusion ofthis divorce action. b~~~O~ ~L.An s Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE: 3 ~-e.h(,"""'(''1 200\.1 (~~ L wL CRAIG ALL~~LSON 3 II CERTIFICATE OF SERVICE I hereby certify that on 3 i=~n".....r'1 2004, I st:rved a copy of the foregoing document upon counsel for Plaintiff by U.S. Mail, postage prepaid, addressed as follows: Madelaine N. Baturin, Esquire 717 North 2nd Street Harrisburg, P A [7102 \J ~ Q~ ~ndes Attorney for Defendant Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 (717) 761-5361 4 (') s iJir-: ~ <0:> ..,. ...., f;) I Ul (') ..... 'i! fl'1jJJ ~g :r:ff r)_JJ -';-...~ (~::;'5ih ~ :'b -< --,.' ~". J..,. ::!l: {? .z:- co Diane Sebastian Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW CUSTODY Richard Sebastian Defendant # CIVIL TERM PARENTING AGREEMENT AND STIPULATION This Agreement and Stipulation entered into the day and year hereinafter set forth, is by and between Diane Sebastian, natural mother by her attorney, Ruby D. Weeks, Esquire, and Richard Sebastian, natcral father, by his attorney, , who aver as follows: I. Plaintiff is Diane Sebastian, natural mother and an adult sui juris, who resides at 390 Limestone Road, Carlisle, Cumberland County, Pennsylvania, 17013 . II. Defendant is Richard Sebastian, natural father and an adult sui juris, who resides at 76 West willow Street, Carlisle, Cumberland County, Pennsylvania, 17013. III. Mother and father are the parents of two children, Jessica Marie Sebastian, born March 30, 1992 and James Richard Sebastian, born July 26, 1995. IV. The parties, Diane Sebastian and Richard Sebastian, agree to the following custody terms regarding custody of Jessica JVIarie Sebastian, born March 30,1992 and James Richard Sebastian, born July 26, 1995, request the terms be entered as an Order of Court: 1. The parents agree to joint, shared legal custody, primary physical custody to mother. - 2 - 2. Periods of partial custody to father as follows: A. The father shall have the children from Friday at 5: 00 p.m. to Sunday at 5:00 p.m. every other weekend, provided that the father has a separate bed or couch for each child to sleep on. B. If he does not, the children shall return to the mother on Friday and Saturday at 8:00 p.m. and the father shall pick up the children on Saturday and Sunday. 3. The father shall also have partial custody of the children every Wednesday from 5:00 p.m. to 8:00 p.m. 4. The father shall also have partial custody of the children for one week in June and one week in August. He shall inform the mother of these dates no later than May 15 each year. The dates the father selects shall not interfere with t::1e times the children are scheduled to be in school. 5. A. The father shall have partial custody on Father's Day from 8:00 a.m. to 9:00 p.m. and the mother on Mother's Day, even if these days would otherwise have been scheduled for the other parents weekend period. B. The parties agree that each parent shall ave a minimum of 3 hours on the child's birthday every other year, so as not to interfere with the child's school schedule. In the alternate year when the parent does not hav,e this time with the child on the child's birthday, the parent, at his discretion with 48 hours advance notice, shall have the child a minimum of three hours the day before or the day after the child's birthday, again so as not to interfere with the child1s school schedule. The parties agree to alternate the following holiday's each year commencing with the father having New Yearls 2004: New Year, Easter Sunday, Memorial Day.. July 4, Labor Day. The times 6. A. shall be form 8:00 a.m. to 9:00 :?m. - 3 - B. The parties agree that the mother shall have the children until 1:00 p.m. on Christmas Day and the father from 1 p.m. until 9:00 p.m. on Christmas Day. C. The mother shall have Thanksgiving Day in 2003, odd numbered years thereafter, and the father the Friday following Thanksgiving from 8:00 a.m. to 9:00 p.m., with these days alternating and the father havin3' Thanksgiving Day in 2004 and even numbered years thereafter from 8:00 a.m. to 9:00 p.m. the mother having the Friday following Thanksgiving. 7. It is the intent of the parties that specifically named dates in paragraph 4/5 and 6 I shall take precedence over the weekend schedule set forth in paragraph 2. 8. The parties shall notify each other in a timely fashion if it is necessary due to an emergency or unforeseen circumstance for him or her to be delayed at any of the times set out herein. It is intended, however I that time be of the essence, and that the parties as strictly as possible comply with the times set forth herein. 9. The parties will notify and consult with the other party immediately in cases of medical emergencies that occur while the children are in their custody. 10. The parties agree to assure during their period of custody that the children shall attend activities scheduled for the children during their periods of partial custody, such as but not limited to school events, activities and outings, swimming and other such lessons, birthday and other parties to which t:he children are invited by their friends. The parties agree to keep each other timely advised as to these events and activities. - 4 - 11. The parties agree that they shall obtain each other's written consent before removing the children from ~eunDy~vaDia. and they also agree to provide the other parent an emergency telephone number and address in the event they do remove the children from pennsy1vania_. 12. Neither parent shall do anything which may estrange the children from the other parent or injure the opinion of the children as to the other parent, or which may hamper the free and natural development of the children I s love or affection for the other parent. 13. Husband and wife acknowledge that it is in the best interests of the children to have reasonable and liberal contact with both parents so as to maintain a normal parent-child reJ.ationship with both parents. 14. The parties agree that in making this ,~greement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 15. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Agreement. 16. This agreement shall be entered as an order of court. IN WITNESS WHEREOF, the parties hereto intending to be legall bound by the terms hereof, set forth their hands and seals this ;1,::Yu(day of Carol J. Attorney fo 26 West High Carlisle, PA )v.~. ~ j, .. yy.{ tv7\i "Ii). . _: Diane Sebastia PlaintitE - mother fhJ..I./ (;:.;// Richard Sebastian Defendan': - father - 5 . (") ~ "".- .....~ \'" t'T\r.1~ "-;:- " -:=;:'f-'" VI ;~;: ?:~:~:1 <., \":>>,-\ ~-(j >c: ? ~ g ....- ..., fTl OJ t Cfl o .,., -< :r:.,., rl1;= -om .0(") aT ~g :1:- -;j 0(') ::.:-:: rn o ....-t >" ~ ,.,. ::;;: '!? 0:> II 1\ rES lJ 6 2004 l( ANN MARIE WILSON, Plaintiff vs. ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CRAIG ALLEN WILSON, Defendant NO. 03-6428 CIVIL TERM IN DIVORCE AND NOW this j{jUov ORDER fJ,d~. day 0 0 ,2004, upon consideration of the attached petition, a hearing is hereby scheduled, to be held before the undersigned at 6l: 00 o'clock-t.m.,on ~ ,the Ij.I.I. day of 1~ in Court Room No.2 of the Cumberland County Court House, Carlisle, Pennsylvania. ,2004, BY THE COURT, Q~~~ J. DISTRIBUTION: Madelaine N. Baturin, Attorney for Plaintiff, 717 North Second Street, Harrisburg, PA 17102 Samuel L. Andes, Attorney for Defendant, P.O. Box 168, Lemoyne, P A 17043 ,,,,,,,,,; .~ ~-b'" IL () 00 L,") (") :s ..~, c:::> CO !_w Ll._ ~. o = '''' ,- {it -) (j ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA vs. CIVIL ACTION - LAW CRAIG ALLEN WILSON, Defendant NO. 03-6428 IN DIVORCE PI,AINTIFF'S ANSWER AND COUNTERCLAIM TO DRFENDANT'S PETITION FOR EXCLUSIVR POSSRSSION OF MARITAl, RRSIDRNCE AND NOW, this ----3.rI;L day of March, 2004, comes the Plaintiff, ANN MARIE WILSON, by and through her Attorneys, the Law Offices BATURIN & BATURIN, and files her Answer and Counterclaim to Defendant's Petition for Exclusive Possession of Marital Residence and respectfully represents the following: I. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is denied that the Plaintiffs continued presence in the marital home is detrimental to Defendant and to the parties' children for several reasons: A. Admitted in part, Denied in part. It is admitted that after the parties separated, Plaintiff met a male companion and does spend sometime with him. However, the 1 Plaintiff spends limited time with her friend and on some weekends and in no way lets her relationship interfere with her children. The Defendant has refused to have an intimate relationship with the Plaintiff for many years and has inflicted emotional and verbal abuse on the Plaintiff, but she has persisted in maintaining a family environment for her children and has been the primary care giver/taker of her children. It is denied that Plaintiffs presence in the marital home for which she has taken care of is detrimental to the parties' children. Plaintiff has always been the primary care taker of her children and has been a stay at home mom for at least the past twelve (12) years. It is denied that Plaintiff spends long periods of time away from the family. In fact, she stays at home during the week as she has been the primary caretaker of the children. Since the Plaintiff has filed for divorce, the Defendant has made the home environment very emotionally stressful and abusive and, therefore, when she is able and feels the children are safe she has been leaving for parts of weekends and a weekday here or there to avoid the tension. B. Denied. It is denied that Plaintiff has suggested to Defendant and/or that she has made statements to others, threatening to file a protection from abuse action against Defendant to force him out of the residence. It is denied that Plaintiff has no legal or factual basis to file such an action. By way offurther answer, the Defendant has physically and emotionally abused the Plaintiff over the course of their marriage and has been more threatening since the Plaintiff filed for divorce. The Plaintiff was concerned about the Defendant's reaction to her filing a Petition for Protection From Abuse and in the event the Defendant compelled the Plaintiff to file same. 2 C. Denied. It is denied that Plaintiff has begun moving items of personal property and furniture from the family residence and has done so in the presence of the parties' children. By way of further answer, it is the Defendant keeps marital property locked up and will not allow Plaintiff access to same. By way of further answer, it is the Defendant who has kept private and secret financial marital assets. D. Denied. It is denied that Plaintiff's conduct toward Defendant, and in the presence of the children, is damaging to the children's relationship with both parents and risks disruption of Defendant's ability to care for the children. By way of further answer, it is the Plaintiff who has been the primary care giver of the parties three (3) children, JUSTIN WILSON (presently 18 years of age, born 10/25/1984), KEITH WILSON (presently 16 years of age, born 01l08/1987), and JEFFERY WILSON (presently 14 years of age, born 12/30/1988). The Plaintiff has been a stay at home mom for at least twelve (12) years taking care of all of the needs of the children. Plaintiff has never been separated from her children and in no way would damage the children's relationship with either parent. In fact, the Plaintiff strongly believes that it is the Defendant's conduct that is damaging to the children's relationships with both parents and risks disruption of Plaintiff s ability to care of the children. 5. Denied. It is denied that an award of exclusive possession to the defendant is justified. By way of further answer the Plaintiff has been the primary care giver of the children since their births and has been a stay at home mom fulfilling all parental responsibilities for the children since 1991. Plaintiff is tutoring her son, Jeffery, a 9th grader, in Algebra to keep him in 3 the course. Plaintiff home schooled two (2) of her children during their 7"' grade years. A. Denied. It is denied that Plaintiff, by her conduct, has demonstrated an indifference to the family and a failure to perform parental responsibilities with regard to the children. In fact, it is the Plaintiff who alone attends all ofthe children's school functions. In addition, the parties' child, Keith Wilson, has Dysgraphia, which Defendant refuses to recognize and refuses to attend any of the child's IEP's at school for same. In fact, the Defendant keeps complaining telling the Plaintiff that he has no money to pay bills or tuition. B. Denied. It is denied that the Defendant is better able to provide for the needs ofthe children and to provide them with constant parental care and supervision. By way of further answer it is the Plaintiff who has been the primary caretaker of the parties' children and is the party that provides constant parental care and supervision. C. Denied. It is denied that Defendant operates his business, to a large extent out of the residence. The Defendant is a Realtor who works for RelMax and in the RelMax office in Camp Hill. The Defendant primarily uses his computer and a desk at the parties' home, both of which could be easily moved to another location. By way of further answer Defendant is not incorporated as a business. D. Denied in part. It is denied that allowing the children to remain in the residence without their mother will continue a healthy and appropriate residence and lifestyle for the children. The Plaintiff has never been separated from her children. 6. Neither Admitted, Nor Denied. The Plaintiff is not able to attest to what the 4 Defendant believes is the best interest of himself and the parties' children. However, the Plaintiff believes that an award of exclusive possession of the residence to the Defendant is not in the best interests ofthe parties, nor the parties' children and will not preserve a suitable residence and care for the children. The Plaintiff further believes that the Defendant is filing this Petition to hurt the Plaintiff financially and emotionally for the Defendant is aware that he has been the moneymaker in the family and that the Plaintiff has nowhere to move with her children. WHEREFORE, Plaintiff prays Your Honorable Court to deny Defendant's petition for exclusive possession of the marital residence until further order of court or until the conclusion of this divorce action. COlJNTERCI,ATM 7. The averments of Paragraphs I through 6 are incorporated herein as though textually setforth herein. 8. The Plaintiff believes that it is in the best interests of all parties and children if the Plaintiff is awarded exclusive possession of the martial residence for the following reasons: a. The Defendant has physically and emotionally abused the Plaintiff over the course of their marriage and has been more threatening since the Plaintiff filed for divorce. b. Defendant keeps marital property locked up and will not allow Plaintiff access to it. The Defendant has kept private and secret the marital assets, any marital financial 5 assets and personal belongings, including a diamond bracelet belonging to the Plaintiff. c. The Plaintiff believes that the Defendant's conduct of harassing her at home is damaging to the children's relationships with both parents and risks disruption of Plaintiffs ability to care of the children. d. Plaintiff has always been the primary care taker/giver of her children and has been a stay at home mom for at least the past twelve (12) years. For seven (7) years prior thereto, Plaintiff only worked part-time. e. As the primary care giver, Plaintiff has always been the one that takes care of and is responsible for the daily living needs and activities of the children educationally, physically and emotionally. f. Defendant has rarely, if ever, attended school functions with the Plaintiff on behalf of their children. In addition, the parties' child, Keith Wilson, has Dysgraphia, which Defendant refuses to recognize and has never attended any of the child's IEP's at school for same. g. The Plaintiff fears for the safety of her children and will not leave them, as she has been the primary care giver of the children and has never been separated from her children. h. As the primary care giver of the children, Plaintiffhas been a stay at home mom and has not worked outside of the home since at least 1991; and, 9. The Plaintiff has no job outside of the home and, therefore, has no income to rent 6 a place and no place to go with her children. The plaintiff does not want to be forced out of her home and away from her children. 10. The Plaintiff believes and therefore avers that the Defendant should be the party to vacate the marital residence. After the Plaintiff told the Defendant that she filed for divorce, the Defendant told her he would leave the marital residence and that she could have the house and continue caring for the children. However, the Defendant never moved out of the marital residence. WHEREFORE, Plaintiff prays Your Honorable Court to award Plaintiff, ANNE MARIE WILSON, Exclusive Possession of the Marital Residence until further order of court or until the conclusion of this divorce action and to compel the Defendant to provide Plaintiff with access to all marital assets, marital financial assets and the return of her missing diamond bracelet. DATE: March a, 2004 Respectfully submitted, BATURIN & BA~URIN ~ BY:'1..J\ ~ J Madelaine N. Baturin, Esquire Attorney LD. No. 717 North Second Street Harrisburg, P A 17102 (717) 234-2427 Attorney for Plaintiff 7 VRRTFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. 94904, RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Dated: 3/ ex! 0 ~ (ffiV1L L//~ ~u)SEAL) ANN MARIE WI SON ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW CRAIG ALLEN WILSON, Defendant NO. 03-6428 IN DIVORCE CERTIFICATE OF SERVICE I, Madelaine N. Baturin, Esquire, of the law firm of Baturin & Baturin, hereby certify that I served a true and correct copy ofthe foregoing Plaintiffs Answer and Counterclaim to Defendant's Petition For Exclusive Possession of Marital Residence, by facsimile and by mailing to the following, postage prepaid, first class mail: Samuel L. Andes, Esquire 525 North Twelfth Street P.O. Box 168 Lemoyne, P A 17043 Attorney For Defendant Facsimile: (717) 761-1435 Respectfully submitted, Date: March'- 2004 0 ~ 0 = c: ~ "T1 -06:; ::J: -, :r: n:run ,... n,:n Z-,]'_-: ::'0 r- Z >~ , -om (/) :o? ~ (~j W 0 f-'" -'--ilJ -0.... "'" ::r:::n :i;;' ...... I~)(~l 2. ::.:; =r= 5';' ~Sltl C' \J;) ..... . . :<: C> ~:u 0 -< ANN MARIE WILSON, PLAINTIFF V. CRAIG ALLEN WILSON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-6428 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of March, 2004, following a hearing on the merits, the petitions of both husband and wife seeking exclusive possession of the marital residence, ARE DENIED. ~~~ Edgar B. Bayley, J. Madelaine N. Baturin, Esquire For Plaintiff Samuel L. Andes, Esquire For Defendant ~~ 3 -oS'.()'f :sal <9-., \:/;/":'V/,:-!},C,I\'!"f:},..j I 'I' It,.~,,-.., ',..~.. :::;',:: ",," I~,I; I'.),.' ~'"I"-:~".'I)" __'..c. \, .OJ ryS :[ I-Id 5;- 8\1/4 ~aOl At!V.i.ONOHlOCic;/ 3/{L :dO 3J/:I:1o-a311:J ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6428 CIVIL TERM CRAIG ALLEN WILSON, Defendant IN DIVORCE ENTRY OF APPEARANCE To the Prothonotary: Please enter my appearance in this case for the Plaintiff, Ann Marie Wilson. October 15, 2004 v~~,~ Peter B. Foster, Esquire Attorney for Ann Marie Wilson cc: Craig A. Wilson u c: ~~~ (':':;) .J;;"- C) -'n :0 0':;' c ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. ,..~ c"::) j~.. .~ J;- C'") (") _.i n NO. 03-6428 CIVIL TERlIJ: CRAIG ALLEN WILSON, Defendant IN DIVORCE CD PETITION FOR ALIMONY PENDENTE LITE AND NOW, this 15th day of October, 2004, comes Plaintiff Ann Marie Wilson, by her attorney, Peter B. Foster, Esquire, and petitions for Alimony Pendente Lite, and, in support thereof, avers as follows: 1. Plaintiff Ann Marie Wilson resides at 2270 Tonto Avenue, Auburn, Schuylkill County, Pennsylvania 17299. 2. Defendant Craig A. Wilson resides in the marital home at 119 Cricket Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 3. On December II, 2003, Petitioner filed a Complaint in Divorce. 4. Petitioner makes $14.00 per hour for a 40 hour work week, working for a temporary agency and carmot pay her living expenses. 5. Petitioner lacks sufficient property or income to provide for her reasonable needs and expenses during the course of this litigation. 6. Respondent is self-employed as a real estate salesman and had gross earnings in 2003 of $92,067.00. 7. Petitioner requires reasonable support to adequatdy maintain herself. 8. Petitioner has employed counsel but is unable to pay necessary and reasonable n -'11 --< :r:..-'"'!, r, -l?c~ ,n f-'1 '(' ~~J -r", ('~) :n C::::1 U attorney's fees for said counsel. WHEREFORE, Petitioner Ann Marie Wilson respectfully requests this Honorable Court enter an Order of Alimony Pendente Lite. Respectfully submitted, October 15,2004 \~~.~ Peter B. Foster, Esquire Attorney for Plaintiff/Petitioner Pinskey & Foster 114 South Street Hanisburg, PA 17101 (717) 234-9321 VERIFICATION I, Peter B. Foster, Esquire, attorney for Ann Marie Wilson, verify that the statements made in the foregoing Petition are true and correct. I understand! that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. I make this verification because Ann Marie Wilson is not immediately available to sign this verification. In the immediate future, Ann Marie Wilson will sign and file a replacement verification. October 15,2004 'p~~.~ Pet,er B. Foster CERTIFICATE OF SERVICE I hereby certify that on this date, October 15,2004, I serv,ed a copy of the foregoing Petition for Special Relief on the Respondent Craig A. Wilson by mailing said copy by U.S. mail at Harrisburg, P A to Respondent at his address as follows: Craig A. Wilson 119 Cricket Lane Camp Hill, PA 17011 I served said copy on Respondent because there is no attorney of record in this matter representing Respondent. October 15, 2004 ~~~~ Peter B. Foster, Esquire Attorney for Petitioner \~"1 ( -< Ci '" C.'.) c..'') .t::- (;'~ c::) \ -~ J.--' " ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6428 CIVIL TERM CRAIG ALLEN WILSON, Defendant IN DIVORCE PLAINTIFF ANN MARIE WILSON'S PETITION FOR SPECIAL RELIEF UNDER PA RULE CIV. PROC. 1920.43 AND NOW, this 2200 day of October, 2004, Petitioner Ann Marie Wilson, by her attorney, Peter B. Foster, Esquire, petitions for special reliefundler Pa. Rwe Civ. Proc. 1920.43 (a)(l) and, in support thereof, avers as follows: 1. Petitioner cannot meet her everyday living expenses because she makes only $14.00 per hour as a temporary employee and carmot pay the foUowing expenses: a) $575.00 per month mortgage payments b) $250.00 per month automobile financing payments c) $480.00 per month automobile insurance d) $850.00 per month payments for food, personal supplies and gasoline 2. Respondent Craig A. Wilson lives in and works out of the marital home as a self- employed real estate salesman. 3. In 2003, Respondent had gross earnings of $92,067 as a real estate salesman. 4. The Parties jointly own an apartment building at 329 Second Street, New Cumberland, Cumberland County, P A 17070. 5. The Parties, as joint landlords, have currently leased out three apartments in said building to tenants and said tenants are making rental payments for said apartments directly to Respondent who is retaining all of said rental payments for his O'NIl use and not distributing one- half of said payments to Petitioner, to which she is entitled. 6. In 2003, The Parties received $9,575.00 in rental income from said properties. 7. Petitioner asserts that she is entitled to one-half of said rental income as joint owner of said apartment building and joint landlord under said lease agreements and requests this Court to issue a special injunction pursuant to Pa. Rule Civ. PrOll. 1920.43 (a)(1) and order Respondent Craig A. Wilson to distribute one-half of said rental proceeds to Petitioner Ann Marie Wilson. 8. The Parties jointly own 530 shares of Cisco Stock and 220 shares ofWaypoint Bank stock. 9. Petitioner believes and avers that Cisco and Waypoint are paying dividends on these stocks to the Parties jointly and mailing said dividends to the marital home and that Respondent is cashing these dividend checks and converting thl: proceeds to his own use. 10. Petitioner asserts that she is entitled to one-half of said dividend income as a joint owner of said stock and requests this Court to issue a Special Iryunction pursuant to Pa. Rule Civ. Proc. 1920.43 (a)(I) and order Respondent Craig A. Wilson to distribute one-half of said dividend proceeds to Petitioner Ann Marie Wilson. WHEREFORE, Petitioner Ann Marie Wilson respectfully requests this Honorable Court to order Respondent Craig A. Wilson to distribute to Petitioner, on a continuing basis, one-half of the rental income from the apartment building at 329 Second Street, New Cumberland, PA and to distribute to Petitioner, on a continuing basis, one-half of the dividend proceeds from the Parties jointly owned stock in Cisco and Waypoint Bank, all pursuant to Pa. Rule Civ. Proc. 1920.43 (a)(I). Respectfully submitted, October 22, 2004 I~~,~ Peter B. Foster, Esquire Attorney for Petitioner Pinskey & Foster 114 South Street Harrisburg, P A 17101 (717) 234-9321 VERIFICATION I, Peter B. Foster, Esquire, attorney for Ann Marie Wilson, verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to Wlsworn falsification to authorities. I make this verification because Ann Marie Wilson is not immediately available to sign this verification. In the immediate future, Ann Marie Wilson will sign and file a replacement verification. October 22, 2004 ~~.~ Pete:r B. Foster CERTIFICATE OF SERVICE I hereby certify that on this date, October 22, 2004, I served a copy of the foregoing Petition for Special Relief on the Respondent Craig A. Wilson by mailing said copy by U.S. mail at Harrisburg, P A to Respondent at his address as follows: Craig A. Wilson 119 Cricket Lane Camp Hill, PA 17011 I served said copy on Respondent because there is no attorney of record in this matter representing Respondent. October 22, 2004 \~~~ Pet(:r B. Foster, Esquire Attorney for Petitioner . (') ,...., ~ <=> C C;:) .r' , , sJ..." c::> C~) ...... rnp -r-:Jrn '" ::-::"JCI m '~16 -u ~~c '=1' ~ :x '+,,;?r-; (.) (3ft1 s;;,~ r:Y -'-I J';.~ ;Iii ::< r ...- '-<. ANN MARIE WILSON, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLANn COUNTY, PENNSYLVANIA VS. CIVIL ACTION - nrvoRcE CRAIG ALLEN WILSON, DefendantlRespondent NO. 2003-6428 CIVIL TERM IN nrVORCE PACSES # 825106841 ORDER OF COURT AND NOW, this 27'h day of October, 2004, upon consideration of the attached Petition for Alimony Pendente Lite andlor counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on December 10.2004 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 191O.11q:) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George 1'. Hoffer, President Judge Mail copies on 10-27-04 to: Petitioner < Respondent Peter Foster, Esquire Maria Cognetti, Esquire ~,l,(l":~? Date of Order: October 27. 2004 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTENn THE CONFERENCE ANn REPRESENT YOU. IF YOU no NOT HAVE A LAWYER OR CANNOT AFFORI> ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINn OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 r--> c:::> C"::> .x..- Cl (-'~ v'_"'l \....." __.J. (:? ~ %p1 -.'.' ~ ., -u I-=> '."'.~' ":L-j \.:?- ;~:,,)rn ~'::..t ~,. ''IJ :.<: (....) W I:\Client Oirectory\Wilson-C\Pleadings\Divorce Pleadings\Praecipe for Entry of Appearance.wpd October 26. 2004 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney LD. No. 27914 210 Grandview Avenue, Suite 102 CarnpHill,PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6428 CRAIG ALLEN WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Craig Wilson, the Defendant in the above-captioned matter. MARIA P. COGNETTI & ASSOCIATES Date: October 26, 2004 By: 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Defendant \:\C1ient Directory\Wilson-C\Pleadings\Divorce Pleadings\Praecipe for Entry of Appearance.wpd October 26, 2004 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Praecipe for Entry of Appearance by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Peter B. Foster, Esquire Pinskey and Foster 114 South Street Harrisburg,PA 17101 MARIA P. COGNETTI & ASSOCIATES Date: October 26, 2004 By: 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Defendant o s,; ""t;'.:;." Fir!..! ~;' ~:~: ' ,:$ ,~:.:;'" l~~~' ~E ~~~ 3 , "'> = = ...,. <::> C'J -1 N co ;g r:-:> .J:'- co Sf? :2 ~;~:o ::0 o ::2!.ri \):11 ${5 ....~ ," 0'" ""' ~ij ~~ I:\Client Directory\ Wilson-C\Pleadings\Divorce Pleadings\Answer to W's Pet for Special Relief.wpd November I, 2004 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview A venue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorneys for Defendant ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-6428 CRAIG ALLEN WILSON, Defendant CIVIL ACTION - LA W IN DIVORCE ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF UNDER P A. R.C.P 1920.43 AND NOW, comes Craig Allen Wilson, Defendant herein, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Answer to Plaintiffs Petition for Special Relief Under Pa. R.C.P. 1920.43, and in support thereof avers as follows: 1. The averments of paragraph 1 are denied. Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments and strict proof thereof, if relevant, is demanded at the time of trial. 2. Admitted with clarification. It is admitted that Defendant lives in and works out of the marital home as a real estate salesman. Defendant also works from his office with ReMax Realty Associates, 3425 Market Street, Camp Hill, Pennsylvania. 3. Admitted with clarification. $92,067 was Defendant's gross income, but his adjusted gross was $38,883. 4. Admitted. I:\Client Directory\ Wilson-c\Pleadings\Divorce Pleadings\Answer to Ws Pet for Special Relief.wpd November 1,2004 5. Admitted in part and denied in part. It is admitted that the parties have rented apartments in their apartment building and the tenants therein made their payments directly to Defendant. It is specifically denied that Defendant is "retaining all of said payments for his own use and not distributing one-half of said payments to Petitioner, to which she is entitled." This is a conclusion of law to which a response is not necessary. Should the Court require a response to this averment, it is denied and strict proof thereof is demanded at the time of trial. Additionally, it should be noted that the partiE:s have had vacancies this year. Further, Defendant has discussed with Plaintiff, that the Second Street property has had several problems which effect its ability to be rented. Namely, Defendant has pointed out that the gas range leaks, several faucets and drains leak, there is a problem with pests in the property, the sewer main clogs and the porch roof and stairs need to be repaired. Additionally, Defendant has been forced by Plaintiff to pay the Elntire bill for any repairs he has made to the property by himself, while also being the point of contact for the tenants' complaints at all hours ofthe day. 6. Admitted with clarification. It is admitted that the gross rental income for 2003 was $9,575.00, however, Defendant also had $9, 853 in expenses that were directly related to the parties' rental property. 7. Paragraph 7 is both a conclusion of law and prayer for relief, to which no response is necessary. Should the Court require a response, the averments of paragraph 7 are denied and strict proof thereof is demanded at the time of trial. 8. Admitted with clarification. It is admitted that the parties jointly own 535 I:\Client Directory\Wilson-C\Pleadings\Divorce Pleadings\Answer to Ws Pet for Special Relief.wpd November I, 2004 shares of Cisco and 223 shares of Waypoint Bank stock. 9. Denied. It is specifically denied that Cisco and Waypoint Bank are paying dividends that Defendant is cashing and converting to his own use. On the contrary, Cisco does not pay dividends and any dividends paid by Waypoint Bank are immediately reinvested in that stock. 10. Paragraph 10 is both a conclusion oflaw and a prayer for relief, to which no response is necessary. Should the Court require a response, the averments of paragraph 10 are denied and strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiffs Petition for Special Relief Under Pa. R.C.P. 1920.43. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: November 1, 2004 By: NETTI, ESQUIRE o. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, CRAIG A. WILSON, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn verification to authorities. Date: III d ()4 t2- ~. &wJL CRAIG A. WILSON I:\Client Directory\Wilson-C\Pleadings\Divorce Pleadings\Answer to W's Pet for Special Relief.wpd November 1,2004 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Answer to Plaintiff s Petition for Special Relief Under Pa. R.C.P. 1920.43 by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Peter B. Foster, Esquire Pinskey & Foster 114 South Street Harrisburg, P A 171 0 1 MARIA P. COGNETTI & ASSOCIATES Date: November 1, 2004 By: 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant ....,.."i' Q -T~ "1' c,' ~:, ~:j -( f'-..) = (.:~:.> .....- .."~ C5 -.:: ~ ~-n rn- -uM; -fJ9 ("..) 0 =t::n ~~O .<-- rn o --\ J> "lJ :< -0 ::l!: .s:::- -.J ~ OCT 2 9 2004 1f ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6428 CIVIL TERM CRAIG ALLEN WILSON, Defendant IN DIVORCE ORDER AND NOW, this cJ/J4 day ~~4, upon consideration of Petitioner's Petition for Special Relief, it is hereby ordered that a Hearing on said Petition is scheduled for y~ :J c/ ,2004 at /F 304m. in Courtroom No. ?. , Cumberland County Courthouse, High and Hanover Street, Carlisle, PA 17013. J. ~ ~,D \ \,D V;f\;rv'/\~,!..Sr\~f'~3t: 11:>"(""""'" ,- > ,-' ...,-"",",1"\ _I \.1..' '~j ;\.~.1. ' ";',;" ~~ ,:,j:! ~f iv LS :8 Wd 2- AON ~OUZ f.WJ.CI\JOH10dd 3Hl :10 388:lQ-Q31tJ ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6428 CIVIL TERN[ CRAIG ALLEN WILSON, Defendant IN DIVORCE PLAINTIFF ANN MARIE WILSON'S PETITION FOR SPECIAL RELIEF UNDER P A RULE CIV. PROC. 1920.43 AND NOW, this 22nd day of October, 2004, Petitioner Ann Marie Wilson, by her attorney, Peter B. Foster, Esquire, petitions for special relief under Pa Rule Civ. Proc. 1920.43 (a)(l) and, in support thereof, avers as follows; 1. Petitioner cannot meet her everyday living expenscs because she makes only $14.00 per hour as a temporary employee and cannot pay the following expenses; a) $575.00 per month mortgage payments b) $250.00 per month automobile financing paymcnts c) $480.00 per month automobile insurance d) $850.00 per month payments for food, personal supplies and gasoline 2. Respondent Craig A. Wilson lives in and works out of the marital home as a self- employed real estate salesman. 3. In 2003, Respondent had gross earnings of $92,067 as a real estate salesman. 4. The Parties jointly own an apartment building at 329 Second Street, New Cumberland, Cumberland County, P A 17070. 5. The Parties, as joint landlords, have currently leased out three apartments in said building to tenants and said tenants are making rental payments for said apartments directly to Respondent who is retaining all of said rental payments for his own use and not distributing one- half of said payments to Petitioner, to which she is entitled. 6. In 2003, The Parties received $9,575.00 in rental income from said properties. 7. Petitioner asserts that she is entitled to one-half of said rental income as joint owner of said apartment building and joint landlord under said lease agreements and requests this Court to issue a special injunction pursuant to Pa. Rule Civ. Proc. 1920.43 (a)(l) and order Respondent Craig A. Wilson to distribute one-half of said rentall proceeds to Petitioner Ann Marie Wilson. 8. The Parties jointly own 530 shares of Cisco Stock and 220 shares ofWaypoint Bank stock. 9. Petitioner believes and avers that Cisco and Waypoint are paying dividends on these stocks to the Parties jointly and mailing said dividends to the marital home and that Respondent is cashing these dividend checks and converting the proceeds to his own use. 10. Petitioner asserts that she is entitled to one-half of said dividend income as a joint owner of said stock and requests this Court to issue a Special Injunction pursuant to Pa. Rule Civ. Proc. 1920.43 (a)(l) and order Respondent Craig A. Wilson to distribute one-half of said dividend proceeds to Petitioner Ann Marie Wilson. WHEREFORE, Petitioner Ann Marie Wilson respectfully requests this Honorable Court to order Respondent Craig A. Wilson to distribute to Petitioner, on a continuing basis, one-half of the rental income from the apartment building at 329 Second Street, New Cumberland, P A and to distribute to Petitioner, on a continuing basis, one-half of the dividend proceeds from the Parties jointly owned stock in Cisco and Waypoint Bank, all pursrumt to Pa. Rule Civ. Proc. 1920.43 (a)(l). Rl~spectfully submitted, October 22, 2004 ~~-~ Peter B. Foster, Esquire Attorney for Petitioner Pinskey & Foster 114 South Street Harrisburg, P A 17101 (717) 234-9321 VERlFICA TION I, Peter B. Foster, Esquire, attorney for Ann Marie Wilson, verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsification to authorities. I make this verification because Ann Marie Wilson is not immediately available to sign this verification. In the immediate future, Ann Marie Wilson will sign and file a replacement verification. October 22, 2004 \~~-~ Peter B. Foster CERTIFICATE OF SERVICE I hereby certify that on this date, October 22,2004, I served a copy of the foregoing Petition for Special Relief on the Respondent Craig A. Wilson by mailing said copy by U.S. mail at Harrisburg, P A to Respondent at his address as follows: Craig A. Wilson 119 Cricket Lane Camp Hill, PA 17011 I served said copy on Respondent because there is no attorney of record in this matter representing Respondent. October 22, 2004 \~ ~ )&~ Peter B. Foster, Esquire Attorney for Petitioner ""~ . ~, ) .! ;- :': ~~- .' 4'__ t'~~:.; ~~ ~~ (') ~~-; , ~ I ~ r-.) c:::;) C~") ~ o C-J ...... f'-) C;t) -0 :J;: N .. ~ --( fHfTI -,':)f11 ".00 ~~b :t: :r-\ ':':')1-""\ ;:0: 0; S~ ?D ...<. :r.:- .+,- I:\Client DirectorylWilson-ClPleadingslDivorce PleadingslAnswer to Amended Petition,wpd November 23, 2004 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQillRE Attorney J.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No, (717) 909-4060 Attorneys for Defendant ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6428 CRAIG ALLEN WILSON, Defendant CIVIL ACTION - LAW IN DIVORCE ANSWER TO PLAINTIFF ANN MARIE WILSON'S AMENDED PETITION FOR SPECIAL RELIEF UNDER P A RULE CIV. PROC. 1920.43 AND NOW, comes Craig Allen Wilson, Defendant herein, by and through his attorney, Maria P. Cognetti, Esquire, and files the following Answer to Plaintiff Ann Marie Wilson's Amended Petition for Special Relief Under P A. Rule Civ. Proc. 1920.43, and in support thereof avers as follows: COUNT I Paragraphs 1 through 10 of Defendant's Answer to Plaintiffs Petition for Special Relief Under P A. R.C.P. 1920.43 are incorporated herein by reference. 11. Admitted. 12. The ultimate identification and characterization ofthe partnership as marital property or non-marital property is within the discretion ofthe Divorce Master and as such, constitutes a conclusion oflaw, and, therefore, no responsive pleading is necessary. Should the Court require an answer, said averment is denied and strict proofthereof is demanded at the time of trial. I:\Client DirectorylWiIson..ClPleadingslDivorce PleadingslAnswer to Amended Petition,wpd November 23, 2004 13. Denied. Any income Defendant derived from the partnership constitutes income to Defendant, and as such, should more properly be considered income for purposes of support under the support action that has been filed by Plaintiff in this matter. 14. Denied. It is specifically denied that Plaintiff is entitled to any income derived from the partnership, and if she were entitled to such, it would more properly be in the form of higher support payments due to Defendant's increased income therefrom. 15. Denied. It is specifically denied that Plaintiff is entitled to a Special Injunction pursuant to Rule 1920.43(a)(1) of the Pennsylvania Rules of Civil Procedure. Rule 1920.43(a)(I) states that the court may issue a preliminary or special injunction "to prevent the removal, disposition, alienation, or encumbering of real or personal property." Plaintiff has not alleged in her Petition or amended Petition that Defendant has any intention to remove, dispose, alienate, or encumber real or personal property. COUNT II 16. Paragraph 16 is a paragraph of incorporation and thus no responsive pleading is required. 17. The averments of paragraph 17 are more properly a prayer for relief and thus, no responsive pleading is required. 18. The legal date of separation is a conclusion oflaw to which no responsive pleading is required. Should the Court require an answer, it is denied that May 1, 2004 is the legal date of separation and strict proof thereof is demanded at the time of trial. 19. Denied. It is specifically denied that Defendant has refused to allow Plaintiff into the marital home to obtain items of personal property that she left behind when she left I:\Client Directory\Wilson..ClPleadingslDivorce PleadingslAnswer to Amended Petition,wpd November 23, 2004 the marital residence. On the contrary, Plaintiff was in the marital residence on several occasions between May and July of 2004, during which she took several loads of personal property, including items Defendant believes to be marital property, from the house. Most notably on July 9,2004, after Defendant expressly asked her not to enter the residence from July 3, 2004 through July 10, 2004, as he would be on vacation, Plaintiff arrived at the marital residence with a cargo truck and several individuals to help her carry things. After kicking Defendant's mother, who was watching the parties' child, out of the house, Plaintiff then proceeded to remove numerous items from the house without Defendant being present. Additionally, on the following day, upon Defendant's return from vacation, Plaintiff returned once again and took more items from the marital residence. 20. Denied. Defendant is without knowledge as to the specific items Plaintiff desires to obtain from the marital residence. Of the items listed by Plaintiff in paragraph 20, only the record collection and clothing were mentioned in any of Plaintiffs counsel's prior correspondence regarding this matter. On November 22,2004, upon Defendant's counsel's receipt of the Amended Petition and the listing of items contained therein, Defendant made a concerted effort to locate those items and located the Walt Disney movie collection, records, and truck collection. Defendant is prepared to return those items to Plaintiff. 21. Denied. It is specifically denied that Plaintiff is entitled to a Special Injunction pursuant to Rule 1920.43(a)(I) of the Pennsylvania Rules of Civil Procedure to allow her entrance to the marital residence to retrieve items Oof personal property. As stated in paragraph 15 above, Rule 1920.43(a)(1) states that the court may issue a preliminary or special injunction "to prevent the removal, disposition, alienation, or encumbering of real or I:\Client Directoryl Wilson-ClPleadingslDivorce PleadingslAnswer to Amended Petition. wpd November 23, 2004 personal property." Plaintiff has not alleged in her Petition or amended Petition that Defendant has any intention to remove, dispose, alienate, or encumber real or personal property. WHEREFORE, Defendant requests this Honorable Court to deny Plaintiff Ann Marie Wilson's Amended Petition For Special Relief Under Pa Rule Civ. Proc. 1920.43. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: November 23, 2004 By: NETTI, ESQUIRE o. 27914 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, CRAIG A. WILSON, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn verification to authorities. Date: \ i / ;1..3/ o-J c ~ 0.. lJv!L-- CRAIG A. \VR.,SON I:\Client Directory\Wilson-C\Pleadings\Divorce Pleadings\Answer to Amended Petition.wpd November 23, 2004 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Answer to Plaintiff Ann Marie Wilson's Amended Petition for Special Relief Under PA. Rule Civ. Proc. 1920.43, by facsimile and by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Peter Foster, Esquire PINSKEY & FOSTER 121 South Street Harrisburg, PAl 71 0 I MARIA P. COGNETTI & ASSOCIATES Date: November 23, 2004 By: ~i MARIA X~G Attorney I.D. No. TTI, ESQUIRE 7914 210 Grandview Avenue, Suite 102 Camp Hill, P A 17011 Telephone No. (717) 909-4060 Attorney for Defendant (') r-..) ~ c= C = J::"' ~ :z: ~:n ""t'r.("1 mr""i 0 4~ 'X I -< nl, ;..:: r . N -Orn ~~}.: 705? w 0 ~f,? _....C) ~O -0 :t =ij ~O :x: 2r' ):.~ c: r- On Z --I =<! 0 55 .- -< ANNM. WILSON, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - DIVORCE CRAIG A. WILSON, DefendantlRespondent NO. 2003-6428 CIVIL TERM IN DIVORCE PACSES# 825106841 ORDER OF COURT NOTICE OF RESCHEDULED CONFERENCE AND NOW, this loth day of November, 2004, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before RJ, Shadday on December 13. 2004 at 9:00 A.M. for a conference, at 13 N, Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered, YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W..2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11(9 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E, Hoffer, President Judge Mail copies on 11..10-04 to: < Petitioner Respondent Peter Foster, Esquire Maria Cognetti, Esquire t} 1 (J/',4 z::u i/ ' \.I :7"--+ - Date of Order: November 10, 2004 ( · , 1. Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 ,=-~.. (:. ':'''! (' \ .". '~~. ,""-:' N r::;;."J c:::> ..r- ;;r. (::1 omC \-....:; o -n :::-1 ..L-n Pl~: ....1"""1 1: ~ I :,l",10\" \ . :::'\Q. -j' ~ \ ~~f~ '~;,~ -""- '"'0 ~~ (.o.) en U) ANN MARIE WILSON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CRAIG ALLEN WILSON, DEFENDANT : 03-6428 CIVIIL TERM ORDER OF COURT AND NOW, this ~'\ day of November, 2004, IT IS ORDERED: (1) Husband and wife shall divide equally all renltal receipts after the payment of expenses on the New Cumberland rental property. (2) Husband and wife shall divide equally any dividends received on the Sysco stock and Waypoint stock. (3) The petition of wife for further special relief, IS DENIED. By the Court, ~ Edgar B. Bayl VPeter B. Foster, Esquire For Plaintiff ~ v-Maria P. Cognetti, Esquire For Defendant :sal \1;1~\\:lj\ l),Si\:i'~rj j }~t\h'l,~,r-" C:~.\ --.-'-~.~2l~(IJ 82 : II ~1~ 62 f\m~ ~OOl I ;.j,.,l1 U~"\l(" 'I r,' J I :JH1 :10 1\"''1). 'I ;vlU..vaa ... 3Jl::BO-G3l1:l ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CRAIG ALLEN WILSON, Defendant CIVIL ACTION - LAW NO. 03-6428 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this 24th day of November, 2004, following a hearing on a Petition for Special Relief, it is ordered that husband and wife shall make arrangements for a time for wife to appear with a constable at the marital residence where he is living for the purpose of her looking through the residence to see if she can locate and take with her her orthopaedic bike guard, contact lenses and a pair of glasses. These are the only items that wife may remove from the residence. A further order will follow involving the other lssues raised at the hearing for special relief. ,/ By UJ.e Co ~eter B. Foster, Esquire For the Plaintiff ~ria P. Cognetti, Esquire For the Defendant pcb ~4 ,^"D \\' 'd- \i;t'~1/f\"1),.S"~!i- J_:~d )\lr~r~('~:'-; .' ~ "-j-i::2/~JnJ L S :8 ~~d +j 2 AON ~onz I W\-iI o~" nw lO\-)d :JHl' . '0 ^U"i...L. l'iVJ ~~ ~..J :J 38l.HO-G31I:l ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERI,,AND COUNTY, PENNSYLVANIA v. NO. 03-6428 CIVIL TERM CRAIG ALLEN WILSON, Defendant ORDER OF COURT AND NOW, thisjO day of ~004, upon consideration of Count II of Plaintiff Ann Marie Wilson's Amended Petition for Special Relief, it is hereby ordered that Plaintiff is to gain access to the marital home at 119 Cricket Lane, Camp Hill, P A at 11 :00 a.m. on December 5, 2004, to obtain her orthodontic bite guard, her (~ontact lenses and two pair of prescription glasses belonging to her. While at said property at said date and time, Plaintiff shall pick up certain other items of personal property agreed to by Defendant which shall be placed outside the marital residence by Defendant. Plaintiff shall be accompanied by a constable when picking up said items of personal property at said date and time. ( (:Jr:J -E~ -L. -..L ~-v %-~ F~ -..(~ ~ t...c ~ ",' ~ ~ ~ ~ I ~IT- J ~-<~ (") ~; '''''''t~t, rT!r; --;' ... d___. ' ........:. (0 ~\~" ~~.= ,.': :2 ~ = c::> .....- Z o < c.v o o ," .-\ :1:-n r'l1j_7 rn -oCl :0 .L ~3c~ ~~!~: ::~~ '~~f~. .....f 1> ~J: --< -0 ="' .;::- C" In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ANN M. WILSON ) Docket Number 03-6428 CIVIL Plaintiff ) VS. ) PACSES Case Number 825106841 CRAIG A. WILSON ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 13TH DAY OF DECEMBER, 2004 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or GY Other ALIMONY PENDENTE LITE filed on OCTOBER 18, 2004 in the above captioned matter is dismissed without prejudice due to: RULE 1910.16-4(e), AS THE DEFENDANT HAS THE CARE AND CUSTODY OF THE PARTIES' TWO CHILDREN AND DEFENDANT HAS FILED FOR CHILD SUPPORT FOR THE TWO CHILDREN. o . !he Complaint or Petition may be reinstated upon written a.pplication of the plaintiff petitIOner. DRO: RJ Shadday xc: plaintiff defendant Maria Cognetti, Esquire Peter Foster, Esquire BYTHECO~ Edward E. Guido JUDGE Service Type M Form OE-506 Worker ID 21005 . ,. ...;. f ~~~~ ~I , " '- ~:j I . c:-: I , C-) [-I , .. c .~ "-~ ,..,'r C:' " ) ( , : " ,- " ; -' -. (.,,~l ..: l:~:' '.:~ 01/10/2005 12:24 7172406573 PROTHONOTARV C LONG PAGE 02/02 nt !'Hi COUllT or COMMON PLEAS OF CUMBERLAND COUNTY, l?F:NNSY1.VANIA Ann ~arie Wilson Plaint:iff 'Its. Craig Allen Wilson .,- ... 03- (p~~ ~ 0'1 56'15 'Civil Term -# -:7"~ ~cU7 19_ NO. ~TION FOR Al'PO ~'l'MENT OF MAS'I'ER , Ann Ml'lrie Wilson, ' ..' (PlajJ;t.1ff) (D~f~ndant), 1l1Oves the cout't to appoint a master with respect to the foliawing claims: (X) Oi1fot'ce ( ) Annulment (X) Uimol),y ( ) Alimony Pendent.e Lite ( X) ( ) ( X) ( X) Distribution of P~opert~ SUP'Port Counsel Fees Costs and Expens8S and in. support of the mot1on states: (1) Discovery is cO~,lete as to the claims(s) for which ehe a:ppoint:meD;t of a m.a.ster is t:'&quested. (2) The defendant (has) (y- __M) apput'l!d in (by his at'l:omey." MI'lr11'l r.o~netti _ . (3) The staturory ground(s) for divorce ~ 3301(c) and 3301(a)(6) of the Divorce Code (4) DelatQthe inapplicable pa~agraph(a): (a) The act~an is not contested. (b) An asre~u~ has been reached with respect ~c the the ac ti011 (~. '-"}) ",Esquire) . (are) foll~g claims: (c) The 'action is cQntes~ed with ras~e~t eo the follOWing cla~: Divor~e, Equi!able Distribution., Alimony and Counsel fees - (5)" The action (involves) (does not involve) c~lex issues of law or fact. (6) The hear:1.D.g is expected to ta.ka 1 day:, ,"" (hours) (days). (7) Addit~cnal informaeion, if any. rel~ant to the mct1on: Da~e: ~anuary 10, 2005 ~-~~~ '~._. - ~ Attorney fo~ (Plaintiff) (eM l_~;") ORDER ~POI~TING MASTER - . AND NOw _ _,19. is .ppouu:ed master nth respect tothe follcw1ng cla.1mS: Esquit'e, By the Cour~: J ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CRAIG ALLEN WILSON, Defendant NO. 03-6428 CIVIL TERM IN DIVORCE INVENTORY OF PLAINTIFF ANN MARIE WILSON PLAINTIFF Ann Marie Wilson files the following inventory of all property owned or possessed by either party at the time this action was commenced. and all property transferred within the preceding three years. Plaintiff Ann Marie Wilson verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. January b , 2005 -(~ '(ft~ YJ'JM Ann Marie Wilson ASSETS OF THE PARTIES Plaintiff Ann Marie Wilson lists below those items applicable to the case at bar and itemizes the assets on the following pages. 1. Real property 2. Motor vehicles 3. Stocks, bonds, securities and options. 4. Checking accounts, cash 5. Savings accounts, money market and savings celtificates. 6. Life insurance policies, Prudential Financial Life: Insurance policy on the life of Craig A. Wilson, which has a face value of $35,000 and a cash surrender value of $14,934.49. The policy number is 73 921 493 and the Parties three sons are the beneficiaries under this policy. 7. Debts due, including loans, mortgages held. 8. Household furnishings and personalty. MARITAL ASSETS Item # Description of Property Names of Owners 1 Real estate at 119 Cricket Lane, Camp Hill, P A Jointly owned by the Parties 2 Real estate at 329 Second Street, New Cumberland, P A Jointly owned by the Parties 3 530 shares of Cisco stock Jointly owned by the Parties 4 Limited partnership in Keystone Land Transfer, Inc. Craig A. Wilson 5 Commerce Bank Checking Account, Joint account of Parties at Acct. No. 0536306962 time of Divorce proceedings 6 Waypoint Bank Joint Savings Account, Jointly owned by Parties at Acct. No. 410000803 time of filing Divorce Complaint 7 Waypoint Bank Money Market Account Jointly owned by Parties at time of filing Divorce Complaint 8 Waypoint Bank Checking Account Craig A. Wilson 9 PNC Bank Joint Checking Account Jointly owned by Parties at time of filing Divorce Complaint 10 PNC Bank Checking Account Craig A. Wilson 11 2000 Lexus ES300 Craig A. Wilson 12 2000 Jeep Grand Cherokee Jointly owned by Parties 13 Personal property of Parties located at Jointly owned by Parties marital home at 119 Cricket Lane, Camp Hill, PA (see attached list) NON-MARIT AL PROPERT~[ Item # Description of Property Reason for Exclusion 1 Real estate at 2270 Tonto Avenue, Acquired after separation Auburn, P A owned by Ann Marie Wilson 2 Personal property located at 2270 Acquired after separation T onto A venue, Auburn, P A owned by Ann Marie Wilson (see attached list) Item # 1 Description of Property Mortgage on Property at 2270 Tonto Avenue, Auburn, P A LIABILITIES Names of all creditors Westview Mortgage, Reading, P A Names of all Debtors Ann Marie Wilson PERSONAL PROPERTY Master Bedroom Set including King-size mattress set All exercise equipment including Bowflex, exercise bike and tn::admill Blue Lane sectional reclining sofa Washing Machine and Dryer Hidden Cottage Thomas Kinkade portrait The Forest Chapel Thomas Kinkade portrait Maple kitchen table with chairs from former trestle table Square mirror in family room Large oak computer desk in family room that the boys use Crawford cherry oval coffee table Crawford cherry coffee table (next to couch) Kirby vacuum cleaner newer model Kirby older model vacuum cleaner Ironing board One Sewing Kit Kincaid Dining Room Table and matching chairs and server Kincaid coffee table and two matching end tables Pine coffee and end tables Kenmore Refrigerator Pulaski Curio Cabinets Packard Bell or Sony Computer Cherry Console table with matching stools Small dropleaf oak kitchen set with four matching chairs Cold fInish framed rectangular print over computer desk in famiJly room Microwave and cart Green rubbermaid garden cart White and gold-leafed lamps Panasonic vacuum cleaner Hoover Rug Shampooer Ironing Board and Iron One Sewing Kit Boys Bedroom Sets Fireplace tool set Blue and white Corelle dish sets Martha Stewart dish set Bowling game in basement Personal clothes, shoes,jeweIry of Mr. Wilson Glasses in kitchen cabinet F arberware 4-qt. saucepan One Collander Bar in rec room 12-inch fry pan Bedside lamp in Master Bedroom 3 mailbox answering machine currently in office Black luggage set Computers, printers, office supplies and furniture used in Craig"s home office Easter and Halloween Decorations Fruit decor ginger jar and matching painted fruit ceramics Garden tools and gloves Paperback books and Ann's college texts Hitchcock Cherry Buffet (to be kept for one of our sons) 2000 Grand Jeep Cherokee 1999 Jeep Sport @$2,500 value with no payments or lienholder Personal clothes, shoes, jewelry of Mrs. Wilson Silverware set 12-place settings and matching serving utensils Farberware 4-qt. saucepan Two Collanders Stockpots and steamer and double boiler Round Skirted put togther tables Cut glass flowered lamp in Master Bedroom 3 mailbox phone in Kitchen Green luggage set Garden basket, plant tables & pots, angels for garden White china set and serving pieces One Brass lamp in living room Mixer Small white blender Mr. Coffee coffee maker Larger lawn mower One gravy boat and turkey platter Green striped patio chairs and rectangular table Blue Samsonite patio chair Power cords Tool chest and manual tools Weed whacker White electric car vacuum Mirro above couch in family room Red Schwinn 10-speed bike Computer desk in basement Pinball machine Two boxes of Christmas decorations including small artificial tree and remainder of Christmas decor Floral china set French country decor items in kitchen Stand-up blender Casual Oneida everyday silverware set Proctor Silex coffee maker Small Honda lawn mower One gravy boat and turkey platter Green wrought-iron patio set Small garden rake and one shovel Snowblower White porch chair Sofa and loveseat in living room Kitchen wall clock / wooden shelf Blue old Schwinn 10-speed bike Mauve Floor lamp in basement Home Interiors decor items 36" Panasonic TV in family room Black stand for 36" TV Two ivy silk hanging baskets in sunroom Paint cans on shelves in storage room Wooden book shelf in family room Round metal pizza pan 2 smaller cookie sheets Large white cutting board Large white/red measuring/mixing bowl Electric Vegetable Steamer Wm. Rogers knife set (13 pieces) including steak, bread, carver set One paint pan and roller Beige lidded food storage containers Spice rack in cabinet door with spices One brownie baking pan 4-qt. Farberware saucepot One oven broiler pan Gas grill Encylopedia set on small book case One reference book set 2 computers in office 27" TV Stovetop Steamer pot Pink Begonia silk basket One silk ivy hanging basket White storage drawer bins in sunroom 20-gallon blue round plastic tub 2 larger cookie sheets Small white cutting board Blue/White Measuring mixing bowl Wallpaper kit and tools 2 paint pans and rollers Rolodex in kitchen Blue lidded storage containers Revolving spice rack on counter 2 cupcake baking pans One oven broiler pan Funnel bundt Two reference book sets and Ann's college texts Educational books Fax machine in office Closet organizers Glass juicer Kitchen cooking utensils I-qt. igloo thermos Beach towels Tabletop checker set Electric chess set Lionel train set Ocean fishing rod Brown basket with flowers Ornamental pine cone tree next to rear patio 2 clothes racks in Master Bedroom Metal juicer Toybox of Mrs. Wilson's old board games in storage room Egg Slicer Wreath in kitchen & matching flowers in vases Rubbermaid teal & purple pourspout cooler White-handled steak knife set King mattress set Twin Mattress Sets Master bedroom dresser, mirror, chest, nightstand, headboard Toaster Over Iron Floral Swags and Garlands Oak jewelry cabinet Wood cabinet unit in basement with formica top 12" cherry kitchen cabinet in garage Microwave and small camper type fridge in rec room TI-5019 calculator Blue bar stools in kitchen Metal patio bar and 2 stools Queen mattress set Wheelbarrow Black ~ circle table in family room with little shelf at bottom Old stand with door and handle on top Old license plate Laminated wood 4-drawer chest in upstairs hallway Mrs. Wilson's Barbie doll stuffin storage box in basement Mrs. Wilson's iron play cookset and animals in closet in Master bedroom on shelf Mrs. Wilson's ceramic chess set Mrs. Wilson's wedding dress and baby memorabilia in storage box in basement Mrs. Wilson's orthotic mouthpiece/bike guard in case in nightstmd Mrs. Wilson's curling irons and curlers and hair supplies Mrs. Wilson's contact lenses and supplies to clean them Mrs. Wilson's prescription sunglasses and extra pair Oak finished coffee and end tables Lamp on endtable in Master bedroom 33/78/45 record albums 12" T-fal blue frypan Floral pillowback couch in Family room Cherry trimmed sofa and loveseat Aladdin thermos Blue napkin holder Throw rugs and carpet roll remnants Large oval stainless steel roaster Oak trestle table in garage Fireplace tool set Beige recliner Metal round shaded lamp and round skirted table TV at bottom of stairs in Rec room Cherry-trimmed sitting chairs (3) Peachtree window / broken glass storage Smoothie machine Green napkin holder 2 twin-size blue blankets for boys 13 x 9 inch stainless baking pan Maple chairs in storage room small egg pan CERTIFICATE OF SERVICI~ I hereby certify that on this date, January 10, 2005, [ served a copy of the foregoing Plaintiffs' Inventory on the Defendant by mailing said copy by first class mail at Harrisburg, PA to the attorney for Defendant at the following address: Maria Cognetti, Esquire 210 Grandview Ave. Camp Hill, PA 17011 January 10, 2005 ~~(~ Peter B. Foster, Esq. Attorney for Plaintiff , .,":_'r;. r' !- ... - ~ \....- ~~: (") f~ ......1.- r::: . J~ ow( "- - "':' c;:':;) ,::::.:) C.:"> S: .:;:: (") -11 "-i -,- fl : ==' r-' ~~ ( )' -.:.._: C5;-;? ~~~; -; ..." -;- -.. ~ -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CRAIG A. WILSON, Plaintiff Docket No. 01043 S 2004 Vs. ANN M. WILSON, Defendant ..,..,..) P ASCES Case Number 535106923 , -1] .-4 , ' <H, ...~". .j; NOTICE OF APPEAL AND REOUEST FOR A DE NOVO HEARING ~~,_ri -.,1 AND NOW this 23rd day of December, 2004, comes Defendant Ann M. Wilson and appeals the decision of Judge Edward E. Guido denying Defendant's Petition for Alimony Pendente Lite rendered on October 12, 2004, and requests a hearing De Novo in this matter before the Court of Common Pleas of Cumberland County. December 23,2004 ~ ~~-=b~ Peter B. Foster, Esq. Attorney for Ann Marie Wilson Pinskey & Foster 114 South St. Harrisburg, P A 17101 (717) 234-9231 CERTIFICATE OF SERVICE I hereby certifY that on this date, December 23, 2004, I served a copy of the foregoing Notice of Appeal and Request for a De Novo Hearing on the Plaintiff Craig A. Wilson by mailing said copy by first class mail at Harrisburg for Plaintiff at the following address: Marie Cognetti, Esquire 210 Grandview Ave. Camp Hill, P A 17011 December 23,2004 ~, ~,~~ Peter B. Foster, Esq. Attorney for Ann Marie Wilson :>-- cr~ t~;; UJC: ( ") -~. l~: ~-~:'~l 1<1_ ..l_ ot.; 8f;~ -.J Li: !:.iJ ~ l!_ o :-;': ....~::.:..r: J lr.> C:;:J C~'_~..) '" L'J :n C"...; (''') :) U ~ttC0- Of1~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2003-6428 Civil Term PACSES # 825106841 ANN M. WILSON, Plaintiff ALIMONY PENDENTE LITE vs. Docket No. 933 S 2004 CRAIG A. WILSON, Defendant PACSES Case No. 625106814 SPOUSAL SUPPORT AMENDED NOTICE OF APPEAL AND AMENDED REQUEST FOR A DE NOVO HEARING AND NOW, this 14th day of January, 2005, comes Plaintiff Ann Marie Wilson and appeals the decision of Judge Edward E. Guido denying Plaintiff's Petition for Alimony Pendente Lite rendered on December 13, 2004, and requests a Hearing De Novo in this matter before the Court of Common Pleas of Cumberland County. Ann Marie Wilson is also requesting a Hearing De Novo on her claim for spousal support at Docket No. 933 S 2004. January 14,2005 ~\JJ.~ Peter B. Foster, Esquire Attorney for Ann Marie Wilson Pinskey & Foster 114 South Street Harrisburg, PAl 710 1 717-234-9321 CERTIFICATE OF SERVICE I hereby certify that on this date, January 14, 2005, I served a copy of the foregoing Amended Notice of Appeal and Amended Request for a De Novo Hearing on Defendant Craig A. Wilson by mailing said copy by first class mail at Harrisburg, P A to the attorney for Defendant at the following address: Maria Cognetti, Esquire 210 Grandview Avenue Camp Hill, P A 17011 January 14, 2005 ~'b.~ Peter B. Foster, Esquire Attorney for Ann Marie Wilson ... ~... ~ c.,~~ ,:;.:::::. CIl <- r~) ~il sx ,..-,... ,lu. ~ c:) vJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, 2003-6428 Civil Term PACSES # 825106841 ANN M, WILSON, Plaintiff ALIMONY PENDENTE LITE vs. Docket No, 933 S 2004 CRAIG A. WILSON, Defendant PACSES Case No, 625106814 SPOUSAL SUPPORT AMENDED NOTICE OF APPEAL AND AMENDED REOUEST FOR A DE NOVO HEARING AND NOW, this 14th day of January, 2005, comes Plaintiff Ann Marie Wilson and appeals the decision of Judge Edward E. Guido denying Plaintiff's Petition for Alimony Pendente Lite rendered on December 13, 2004, and requests a Hearing De Novo in this matter before the Court of Common Pleas of Cumberland County. Ann Marie Wilson is also requesting a Hearing De Novo on her claim for spousal support at Docket No, 933 S 2004, January 14, 2005 ?~~,~ Peter B. Foster, Esquire Attorney for Ann Marie Wilson Pinskey & Foster 114 South Street Harrisburg, P A 1710 1 717-234-9321 CERTIFICATE OF SERVICE I hereby certify that on this date, January 14,2005, I served a copy of the foregoing Amended Notice of Appeal and Amended Request for a De Novo Hearing on Defendant Craig A Wilson by mailing said copy by first class mail at Harrisburg, P A to the attorney for Defendant at the following address: Maria Cognetti, Esquire 210 Grandview Avenue Camp Hill, PA 17011 January 14,2005 ~~.~ Peter B, Foster, Esquire Attorney for Ann Marie Wilson .. '''' C::? ~:.:g c..... ::t:i\hIo Z N 0> o ,I :r." nl- -r,:]F;; if3'!' ;~lj ~:~? r'):d ''''..C) t5fT1 ::,;;~I :S:J .-<. "'"1:J ~ <& .r-- -.J J,A,N 1 0 ?n~5Y l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, 2003-6428 / Civil Tenn PACSES # 825106841 ANN M. WILSON, Plaintiff ALIMONY PENDENTE LITE vs, Docket No, 933 S 2004 CRAIG A, WILSON, Defendant PACSES Case No. 625106814 SPOUSAL SUPPORT I ORDER AND NOW, this ~ day of January, 2005, upon eonsideration of Plaintiff Ann Marie Wilson's Amended Notice of Appeal and Amended Request for a De Novo Hearing, a hearing on this request is scheduled for 'fit,. . I h6. ~ ,2005, atl: a1.1.'m, in Courtroom / No. I-, Cumberland County Courthouse, High and Hanover Streets, Carlisle, P A 17013, J, ffl ~~\ tJ." ~ , ~J..c, ,'~ ' '" V"'- (' ; '. . ~'. I \ . -'1 '.' ...- ,... .... .-:,' , . , ~ .-" ,'...I' ,-' ,-; ~; - - - J - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No, 2003-6428 Civil Term PACSES # 825106841 ANN M, WILSON, Plaintiff ALIMONY PENDENTE LITE vs, Docket No, 933 S 2004 CRAIG A. WILSON, Defendant PACSES Case No, 625106814 SPOUSAL SUPPORT AMENDED NOTICE OF APPEAL AND AMENDED REOUEST FOR A DE NOVO HEARING AND NOW, this 14th day of January, 2005, comes Plaintiff Ann Marie Wilson and appeals the decision of Judge Edward E. Guido denying Plaintiff's Petition for Alimony Pendente Lite rendered on December 13, 2004, and requests a Hearing De Novo in this matter before the Court of Common Pleas of Cumberland County. AIm Marie Wilson is also requesting a Hearing De Novo on her claim for spousal support at Docket No. 933 S 2004, January 14,2005 '~\~~ Peter B. Foster, Esquire Attorney for Ann Marie Wilson Pinskey & Foster 1 14 South Street Harrisburg, P A 17101 7:17-234-9321 '" ,>" '_;: C' ,,;::;, ,--- ~_i: ...., ;r^.'1i= -,,::,)fl'1 :::<0 ::::")0 :.:t.,"'T) 'n"'" _ ,."~'O ."ITl ,~ "J ~ a: ...r:::. co o w ==- 3: - c::> <J'l {{ -?i{IY u f.- O/'i CERTIFICATE OF SERVICE I hereby certify that on this date, January ]4,2005,] served a copy of the foregoing Amended Notice of Appeal and Amended Request for a De Novo Hearing on Defendant Craig A. Wilson by mailing said copy by first class mail at Harrisburg, P A to the attorney for Defendant at the following address: Maria Cognetti, Esquire 210 Grandview Avenue Camp Hill, PA 17011 January ]4,2005 ~~,~ Peter B. Foster, Esquire Attorney for Ann Marie Wilson ,-:> C,':::- (;;> cJ' <- yr ~ N J;" "" --" -,.'"' ~/\ :::rl-" f\1V" ~d'~.r-~ "_0'..--' ()/'-) -~1~_ :\~ ;Jr' ~i'.1 :....;; (.~-? r N ~ In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ANN M, WILSON ) Docket Number 03-6428 CIVIL Plaintiff ) vs, ) PACSES Case Number 825106841 CRAIG A. WILSON ) Defendant ) Other State ID Number ORDER OF COURT You, CRAIG ALLEN WILSON plaintiff/defendant of 119 CRICKET LN, CAMP HILL, PA. 17011-8474-19 are ordered to appear at DOMESTIC RELATIONS HEARING RM DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA. 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the MARCH 24, 2005 at 9 : OOAM for a hearing, You are further required to bring to the hearing: I, a true copy of your most recent Federal Income Tax Rentm, including W -2s, as filed, 2, your pay stubs for the preceding six (6) months, 3, verification of child care expenses, and 4, proof of medical coverage which you may have, or may have available to you 5, information relating to professional licenses 6, other: Service Type M Form CM-509 Worker ID 21302 WILSON v, WILSON PACSES Case Number: 825106841 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence, If paternity is an issue. the court may enter an order establishing paternity, The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated dle support action, BY THE COURT: Date of Order: .:, '1- OS: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIATION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled hearing, Page 2 of 2 Form CM-509 Worker ID 21302 Service Type M ;,,)< -~ ~=3 () c;;-' -n ,;.)1. <- ".. :;;i:: f'.) - -a ::::~ ':? )'::~ r...) ---- In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ANN M. WILSON ) Docket Number 03-6428 CIVIL Plaintiff ) vs, ) PACSES Case Number 825106841 CRAIG A, WILSON ) Defendant ) Other State ID Number ORDER OF COURT You, ANN MARIE WILSON plaintiff! defendant of 2270 TONTO DR, AUBURN, PA. 17922-9418-70 are ordered to appear at DOMESTIC RELATIONS HEARING R1~ DOMESTIC RELATIONS OFC, 13 N HANOVER ST, CARLISLE, PA, 17013-3014-13 before a hearing officer of the Domestic Relations Section, on the MARCH 24, 2005 at 9: OOAM for a hearing, You are further required to bring to the hearing: I. a true copy of your most recent Federal Income Tax Return, including W -2s, as filed, 2, your pay stubs for the preceding six (6) months, 3, verification of child care expenses, and 4, proof of medical coverage which you may have, or may have available to you 5, infonnation relating to professional licenses 6, other: Service Type M Form CM-509 Worker ID 21302 WILSON v. WILSON PACSES Case Number: 825106841 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest or enter an order in your absence, If paternity is an issue, the court may enter an order establishing paternity. The appropriate court officer may enter an order against either party based upon the evidence presented without regard to which party initiated the support action, BY THE COURT: Date of Order: -' -:l '\ - 0 ') JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGmLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND CO BAR ASSOCIA'I'ION 32 S BEDFORD ST CARLISLE PA 17013-3302-32 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of CUMBERLAND County is required by law to comply with the Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office at: (717) 240-6225, All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled hearing, Page 2 of2 Form CM-509 Worker ID 21302 Service Type M o s- '.,-~. ,"'" ,-", r-> 1~.;) <,::::.:;:l W", <- :P'I" :2; N "'- -0 ::.'OJ; (!'? r- N (f; .-1 :r:-r q'l-,~'. . ;:.p -O~~.i .\.,l""r'" ()(>-., -\ _:..-;; ~ _',,-n \~7;YA ---:.:\ ~'h ". 131/113/213135 12:24 717240G573 PROTHONOTARY C LONG PAGE 132/132 ~ IN !HE COURt OJ!' COMMON PLEAS Of' CL'M:BeRI..UlD COUNTY, ~ENN$n.V' ANIA JAN 1 2 2005 f f Ann Marie Wilson Pla.intiff 11S. Craig Allen Wilson U3 - tc y;;L\S' Cf4:...! Q~ :613 Civil Term pI :,4 ~~t.- 19_ NO. Ann Mari~ Wilson a master with respect to the (X) Divorce ( ) Annulment: (X) Alimony ( ) AliJDony Prmdent.e Li.t... :-lotION FOR APPOINTMENT OF MASTER (Plaintiff) (Defendant), follOVi.ng claims: mve!l t.h" "'O\lrt. t.e appoittt ( X) ( ) ( X) ( X) D~stribu"ion of P~opert? Support Couns..l Fees Costs and EXpenses and in support of the motion stat.es: (1) Discovery is comp,lete as co the d"ims(s) for which the appointment of a master is requested. (2) The defendant (has) (V _.~) app".s.red in the action (~J --'1,) (by his at'C.orney" M.qri;:J C;oqnp.'tti ,Esquire). (3) The st<\turory groutld(s) for divorc,!'!.-:r (a.re) 3301(c) and 3301(a)(6) of the Divorce Code (4) DelAt" tbe inapplicable p..ragraph(s): (a) The action is not contested. (b) An agreemanc has been reached with respect ~o t.he fol1~g claims: claiJu : (e) The act~oQ is contes~ed ~tn respect co the follOWing Divorce, Equitable Distribution, Alimony and Counsel fees (5) The action (involves) (does not involve) complex issues of law or fact. (6) The hurtng is exp"ctad to t,aka--L,.dal (hOliX'S) (cla.ys). (7) Add:l.t:l.onal. infonn.ation, it any. reIavant to the motion: Date: January 10, 2005 \~~ ~<~~ Atto~..~ for (Plaintiff) (rU uJa_~) AND NOW is appo1nted fZd;.u follOVi.ng claimS:. .r::lb... ~ .y~ Esquir.., I? J ~.. -\ J "1. t to>\ \ ~ ~- 'p \: t, \;, t ~'s~ v'- ~ ~ [) r ,--- ANN M. WilSON, Plaintiff V. IN THE COURT OF COMMON PlE S OF CUMBERLAND COUNTY, PENNSYI VANIA : DOMESTIC RELATIONS SECTION CRAIG A. WilSON, Defendant PACSES NO. 825106841 DOCKET NO, 2003..6428 CIVil CRAIG A. WilSON, Plaintiff V, IN THE COURT OF COMMON PlE S OF CUMBERLAND COUNTY, PENNSY VANIA : DOMESTIC RELATIONS SECTION ANN M. WilSON, Defendant PACSES NO, 535106923 DOCKET NO, 1043 SUPPORT 2004 INTERIM ORDER OF COURT AND NOW, this 28th day of March, 2005, upon considerati n of the Support Master's Report and Recommendation, a copy of which is at ached hereto as Exhibit "A", it is ordered and decreed as follows: A. For the period of October 18, 2004 through March 31, 2005 the D fendant shall pay to the Pennsylvania State Collection and Disbursement nit as alimony pendente lite the sum of $39,00 per month. B. The Defendant's alimony pendente lite obligation is suspended eff ctive April 1 , 2005, and the Defendant shall pay all accrued arrearages ithin thirty (30) days, C. The Defendant shall provide health insurance coverage for the be efit of his children, Keith Wilson, born January 8,1987, and Jeffrey Wils n, born December 30, 1988, and the Plaintiff. D. The Plaintiff shall pay 46% of the unreimbursed medical expenses incurred by said children as that term is defined in Pa, RC.P, 1910,16-6(c). E, The child support complaint filed by the Defendant to 1043 Suppo 2004 is dismissed, F. The spousal support complaint filed by the Plaintiff to 933 Support 004 is dismissed, 6[':'-10 The parties are hereby advised that they may file written exceptio s to the Support Master's Report and Recommendation within ten (10) days of t s order. Exceptions shall conform with the requirements of Rule 1910,12(f), Pa, ,C,P. If written exceptions are filed by any party, the other party may file excepti ns within ten (10) days of the date of service of the original exceptions. If n exceptions are filed within ten (10) days of this interim order, this order s all then constitute a final order. By the Cc: Ann M, Wilson Craig A. Wilson Peter B. Foster, Esquire For the Plaintiff Maria p, Cognetti, Esquire For the Defendant DRO v, IN THE COURT OF COMMON PLE S OF CUMBERLAND COUNTY, PENNS VANIA : DOMESTIC RELATIONS SECTION ANN M. WILSON, Plaintiff CRAIG A. WILSON, Defendant PACSES NO. 825106841 DOCKET NO. 2003..6428 CIVIL CRAIG A, WILSON, Plaintiff IN THE COURT OF COMMON PLE S OF CUMBERLAND COUNTY, PENNSY VANIA V. : DOMESTIC RELATIONS SECTION ANN M. WILSON, Defendant PACSES NO, 535106923 : DOCKET NO. 1043 SUPPORT 200 SUPPORT MASTER'S REPORT AND RECOMMENDA TIO Following a hearing held before the undersigned Support Master n March 24, 2005 the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff in the above-captioned divorce action is Ann M, Wilso ,who resides at 2270 Tonto Drive, Auburn, Schuylkill County, Pennsylv nia. 2, The Defendant is Craig A. Wilson, who resides at 119 Cricket Lan Camp Hill, Pennsylvania. 3. The parties were married on July 23, 1983. 4. The parties are the parents of two unemancipated children, Keith i1son, born January 8, 1987, and Jeffrey Wilson, born December 30,198 ,both of whom reside with the Defendant.1 5, Keith, although 18 years of age, is a senior in high school and is s heduled to graduate in June, 2005. 6, In December, 2003 the Plaintiff filed a complaint for divorce in whic she included a claim for alimony pendente lite. I A third child is emancipated and attending college, EXHIBIT "1\" Of(\) 7 7, The Plaintiff filed a request for hearing on her alimony pendente Ii e claim on or about October 18, 2004,2 8, On November 17, 2004 the Defendant filed a complaint for child pport against his wife to 1043 Support 2004, 9, The Plaintiff moved from the marital residence in May, 2004, 10. The Plaintiff is a college graduate with a Bachelor of Science deg e in microbiology. 11, The Plaintiff is certified as a medical technologist. 12, The Plaintiff is 46 years of age, 13, When she filed her request for hearing in October, 2004, the Plain iff was employed as a quality assurance technician by Godiva Chocolate arning $14,00 per hour. 14, The employment with Godiva was a temporary position which end d November 19, 2004. 15,ln addition to working as a quality assurance technician in the foo industry, the Plaintiff is qualified to work as a medical technician/lab technic an in a hospital. 16, Since the position with Godiva Chocolate ended, the Plaintiff has ttempted to obtain employment at two hospitals, Pottsville Hospital and Good amaritan Hospital, and with two companies in the food industry, Lehigh Dai and Linette Chocolate, 17, In March, 2005 the Plaintiff obtained employment as a substitute t acher with the Schuylkill County Intermediate Unit where she is paid a per die rate of $70,00 to $80.00 depending upon the school district in which she i employed, 18. The Plaintiff was primarily a homemaker from 1992 until 2004, 19. The Plaintiff has a male companion who resides in her home the jorityof the time but does not contribute to her living expenses, 20, The Plaintiff will file her federal income tax return as married/separ te, 2 The Plainti[[had filed a complaint for spousal support on October 12, 2004 docketed to 933 Su ort 2004 but has elected to proceed on her alimony pendente lite claim only. 2 21. The Plaintiff received an inheritance in excess of $20,000.00 in 2 04, $19,000,00 of which she utilized as a down payment to purchase er current home. 22, The Defendant is 50 years of age, 23, The Defendant is a high school graduate who has been employe as a real estate salesperson for approximately 20 years. 24.ln 2003 the Defendant had net profits from his employment as a r al estate salesperson of $49,827,00 based upon gross earnings of $96,06 ,00 and business expenses of $42,240,00. 25, In 2004 the Defendant had gross earnings of $115,015,00 but ha not computed his business expenses at the time of the hearing. 26,In 2003 the Defendant received $5,136,00 in income from a partn rship interest and anticipates similar income in 2004. 27. The Defendant pays $1,000,00 per month for health insurance co erage on himself, his wife and their three children, 28. The Defendant's health insurance premium increases to $1,470,0 per month effective April 1, 2005, 29, The Defendant will file his federal income tax return as head of ho sehold and claim three children as dependency exemptions. 30. The Plaintiff currently pays cell phone expenses for Keith and Jeff ey and has Keith on her automobile insurance coverage, DISCUSSION The support calculation in this case is governed by Pa, RC,P, 191 ,16..4(e) which provides as follows: (e) Support Obligations When Custodial Parent Owes Spousa Support. Where chidren are residing with the spouse obligated to pay spou al support (custodial parent) and the other spouse (non-custodial parent) has a legal obligation to support these children, the guideline amount of spous I support shall be determined by offsetting the non-custodial parent's obligat on for support of the children and the custodial parent's obligation of spo sal support, and awarding the net difference to the non-custodial pare t as spousal support, 3 Although the rule specifically refers to "spousal support" for purposes of alculating support obligations this rule would also apply when the custodial parent as the obligation to pay alimony pendente lite, I i The rule provides for a four-step procedure, In the first step the s ousal support or alimony pendente lite obligation of the custodial parent to the on- custodial parent is calculated based upon their net monthly incomes fro the formula set forth in Pa, R.C.P, 191 0.16-4(a) without dependent children. The Defendant had gross business income in 2004 of $115,015.00 from wor as a realtor. Although he testified that his business expenses in 2004 exceed d those incurred in 2003, he produced no supporting documentation, Therefore, for purposes of calculating his net income, business expenses of $42,240,0 , the amount incurred in 2003, will be deducted from his 2004 gross income, is net profit from his real estate business is computed to be $72,775.00 for sup ort purposes. The Defendant also has income derived from a partnership w ich he anticipates will be similar in 2004 to what it was in 2003, Adding $5,136, 0 to his real estate income results in total gross income of $77,911.00, or an ave age of $6,493.00 per month, Filing his federal income tax return as head of ho sehold and claiming three children as dependency exemptions, his net monthly inco e for support purposes is $4,568.00,3 The Plaintiff when she filed her request for hearing was earning $ 4,00 per hour, or $560,00 per week, This results in average gross monthly incom of $2,427.00, That employment ended, and the Plaintiff now earns less as substitute teacher, In determining the ability of a parent to support his or her childr n, the focus is on earning capacity, not actual earnings, Mooney v, Doutt, 766 .2d,1271 (Pa, Super. 2001). A party's earning capacity is that amount he or she c n realistically be expected to earn under the circumstances considering his or her age, health, mental and physical condition and training. Riley v, Foley, 783 A d, 807 (Pa, Super. 2001), The Plaintiff is 46 years of age, has a Bachelor of Sci nce degree in microbiology, and is certified as a medical technician, Althoug she had several years out of the workforce while raising her children, she has de onstrated the ability to earn $14,00 per hour in her first employment since the sepa ation of the parties, In the opinion of this Master, this is a realistic earning capacity t impute to her for support purposes. With gross monthly income of $2,427.00 and fi ing her federal income tax return as married/separate, the Plaintiff would have n t monthly income for support purposes of $1,909,00.4 With net monthly income for the Defendant of $4,568.00 and for th Plaintiff of $1,909.00 the Defendant's alimony pendente lite obligation computed ithout dependent children is $1,063,00.5 ] See Exhibit "A" for the deductions from gross income, The "FICA" deduction includes self-e loyment tax, 4 See Exhibit "A" for deductions from gross income. I 5 See Exhibit "B." 4 In step two the net incomes of the parties are recomputed by add g the alimony pendente lite amount from step one to the Plaintiff's net monthl income and deducting it from the Defendant's. This results in adjusted income for th Defendant of $3,505,00 and for the Plaintiff of $2,972,00. In the third step the child support obligation of the non-custodial p rent (the Plaintiff) is calculated utilizing the adjusted incomes from step two, With, ombined net monthl~ income of $6,477,00, the basic support requirement for two . hildren is $1,632,00. The mother's proportionate share of that amount is $749.00 This is adjusted upward because the father provides health insurance coverage on the children, The obligation under the guidelines would be $1,024,00.7 In step four the alimony pendente lite obligation of the Defendant offset by the child support obligation of the Plaintiff, This would result in an obliga ion of alimony pendente lite of $39,00 per month, The health insurance premium being paid by the Defendant is inc asing from $1,000,00 per month to $1,470,00 per month effective April 1 ,2005, Pe orming a recalculation of step three above utilizing the increased health insurance premium results in a child support obligation of $1,154,00,8 This exceeds the amo nt of the Defendant's alimony pendente lite obligation by $91.00 per month, How ver, because the Plaintiff is incurring certain automobile insurance expenses nd cell phone expenses on behalf of the children, a downward deviation will be recommended such that no monetary support will be paid by either party 0 the other effective April 1 ,2005,9 RECOMMENDATION A. For the period of October 18, 2004 through March 31, 2005 the D fendant shall pay to the Pennsylvania State Collection and Disbursement nit as alimony pendente lite the sum of $39.00 per month, B, The Defendant's alimony pendente lite obligation is suspended eff ctive April 1 , 2005, and the Defendant shall pay all accrued arrearages ithin thirty (30) days, C, The Defendant shall provide health insurance coverage for the be efit of his children, Keith Wilson, born January 8, 1987, and Jeffrey Wilson, om December 30,1988, and the Plaintiff, 6 See Pa, R,C,P, 1910,16-3, 7 See Exhibit "c." 8 See Exhibit "D," 9 This Master recognizes that a change of circumstances will occur when the older child, Keith, 0 is already 18, graduates in June, 2005, However, no calculation ofa future support obligation will be perfo ed at this time as the financial circumstances of the parties may also change in the next three months. I I 5 0, The Plaintiff shall pay 46% of the un reimbursed medical expense incurred by said children as that term is defined in Pa. RC.P. 1910,16-6(c). E. The child support complaint filed by the Defendant to 1043 Supp 2004 is dismissed, F, The spousal support complaint filed by the Plaintiff to 933 Suppo dismissed, ~w. 2S. z.tOt Date ~~~~ Michael R Rundle Support Master 6 In the Court of Common Pleas of Cumberland County, Pe nsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State 10 Number: Tax Year: Ann M, Wilson Craig A Wilson 2003-6428 Civil 825106841 Current: 2005 Oefenda 1, Tax Method 2, Fling Status 1040 ES Head of Househol 1040 ES Married Filing Se aratel ustomize 4 $6,49 ,58 3, Who Claims the Exem lions 4, Number of Exemptions 5, Monthl Taxable Income 6, Deductions Method 1 $2,426,67 7, Deduction Amount 8, Exem tion Amount 9, Income MINUS Deductions and Exem tions 10, Tax on Income 11, Child Tax Credit 12, Manual Ad'ustments to Taxes 13, Federal Income Taxes 13 a, Earned Income Credit 14, State Income Taxes 15, FICA Pa ments 16, City Where Taxes Apply $60 ,33 $416,67 $1,06 .68 $266,67 $4 81 .57 $1,743,33 $82 ,18 $231,08 $8 ,33 $74 ,85 $231,08 $20 ,17 $76,68 $90 ,96 $185,64 --Select-- 17, Local Income Taxes $6 ,93 $24,27 TOTAL Taxes $1 92 .91 $517.67 Support Calc 2005 EXHIBIT "1\" In the Court of Common Pleas of Cumberland County, Pe nsylvania Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Ann M, Wilson Craig A, Wilson 2003..6428 Civil 825106841 $4567.67 2. Less All Other Su ort 3. Less Obli ee's Monthl Net Income $1,909,00 4. Difference $2,658.67 5. Less Child Su 6. Difference $2,658.67 7. Multi I b 30% or 40% 40,00% $1,063.47 9. Ad.ustment for Other Ex enses 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $1,063.47 DIe: 3/24/2005 Support Calc 2005 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylva ia Defendant Name: Plaintiff Name: Ann M. Wilson Craig A. Wilson 1. Number of De endents in this Case 2, Total Gross Monthl Income 3. Less Monthl Deductions 4, Monthly Net Income Line 2 minus Line 3 5. Combined Total Monthly Net Income Amounts on Line 4 Combined 6. Plus Child's Monthl Soc. Sec. Retirement or Disabili Derivative Benefit. 7. Ad'usted Combined Total Monthl Net Income 8. PRELIMINARY Child Su ort Obli ation based on Ad'usted Income Line 7 9. Less Child's Monthly Social Security Retirement or Disability Derivative Benefit Line 6 10. Basic Child Support Obligation From Rule 1910.16-3 Basic Child Su rt Schedule 11. Net Income as a Percenta e of Combined Amount 12. Each Parent's Monthl Share of the Child Su ort Obli ation 13, Adjustment for Shared Custody Rule 1910.16..4 (c) (# of Overnights: $2,97 ,00 $2,97 ,00 $1,632,00 4 ,89 $74 .92 14, Ad'ustment for Child Care Ex enses Rule 1910.16-6 a 15. Ad'ustment for Health Insurance Premiums Rule 1910.16-6 b 16, Ad'ustment for Unreimbursed Medical Ex enses Rule 1910.16-6 c 17. Ad'ustment for Additional Ex enses Rule 1910.16-6 d 18. Total Obli ation with Ad'ustments Line 8 minus Line 9, Ius Lines 10,11,12,13 19. Less 5 lit Custod Counterclaim Rule 1910,16-4 d 20. Obligor's Support Obligation Line 14 minus Line 15 Prepared b: mrr Date: $27 ,34 $1,02 ,26 51, PACSES Multi Ie Famil Ad'ustment 52. 5 ousal Su ort Award 53. Adjustment for Excess Mortgage Payments (If Applicable) 54. Custodial Parent Spousal Support Obligation (if Applicable) (..) 55. Adjusted Support Obligation Line 16 (or SI, if applicable) plus Line S2 and S3 minus S4 (if applicable) TAX INFORMATION Tax Method Filin Status 56. Defendant Manual Sin Ie 57. Plaintiff 1040 ES Sin Ie Mont Iy: $1 024 26 Exem 58. Total Support Amount if Deviating from Guidelines Calculation Mont Iy: 59, Justification for Deviatin from Guidelines Calculation and/or Other Case Comments: Support Calc 2005 EXHIBIT "C" , Plaintiff 2 $3,505,00 $3,505,00 $6,477,00 54,11 $883,08 Weekly: $235.73 tions 1 3 Weekly: In the Court of Common Pleas of Cumberland County, Pennsylvan Defendant Name: Plaintiff Name: Ann M. Wilson Craig A. Wilson Docket Number: PACSES Case Number: Other Case 10 Number: Delegati' Plaintiff 2 $3,505,00 1. Number of De endents in this Case 2. Total Gross Monthl Income 3. Less Monthl Deductions 4. Monthly Net Income Line 2 minus Line 3 5. Combined Total Monthly Net Income Amounts on Line 4 Combined 6. Plus Child's Monthl Soc. See, Retirement or Disabili Derivative Benefit. 7, Ad'usted Combined Total Monthl Net Income 8, PRELIMINARY Child Su ort Obli ation based on Ad'usted Income Line 7 9. Less Child's Monthly Social Security Retirement or Disability Derivative Benefit Line 6 10, Basic Child Support Obligation From Rule 1910,16-3 Basic Child Su ort Schedule 11. Net Income as a Percenta e of Combined Amount 12. Each Parent's Monthl Share of the Child Su ort Obli ation 13. Adjustment for Shared Custody Rule 1910.16-4 (c) (# of Overnights: $3,505,00 $6,477,00 $1,632,00 4 ,89 $74 ,92 $40 ,30 Ius Lines 10,11,12,13 $1,15 ,22 Date: $115422 3/25/20 5 51. PACSES Multi Ie Famil Ad'ustment 52. 5 ousal Su ort Award 53. Adjustment for Excess Mortgage Payments (If Applicable) 54. Custodial Parent Spousal Support Obligation (if Applicable) (-) 55. Adjusted Support Obligation Line 16 (or SI, if applicable) plus Line S2 and S3 minus S4 (if applicable) TAX INFORMATION Tax Method Filin Status 56. Defendant Manual Sin Ie 57, Plaintiff 1040 ES Sin Ie S8. Total Support Amount if Deviating from Guidelines Calculation Mont Iy: Weekly: $115 22 $265.64 Exem tions 1 3 Mont Iy: Weekly: 59. Justification for Deviatin from Guidelines Calculation and/or Other Case Comments: Support Calc 2005 EXHIBIT "D" \) ";"'- 52 -;; "', C:::;) ~-~ o...n :ll:: ).~ >:J 1',) \,.Q o " --I I:n 1'.1;;;...._ -:")i7l :~:~!::~ :r-... ex ,-,;c) <iP1 ':t )> :':\J .....;: ::- Vi v, : IN THE COURT OF COMMON PLE S OF : CUMBERLAND COUNTY, PENNS LVANIA : DOMESTIC RELATIONS SECTION ANN M. WILSON, Plaintjff CRAIG A. WILSON, Defendant PACSES NO, 825106841 : DOCKET NO. 2003-6428 CIVIL v. : IN THE COURT OF COMMON PLE S OF : CUMBERLAND COUNTY, PENNSY VANIA : DOMESTIC RELATIONS SECTION CRAIG A. WILSON, Plaintiff ANN M, WILSON, Defendant : PACSES NO. 535106923 : DOCKET NO, 1043 SUPPORT 200 INDEX OF EXHIBITS Plaintiff's Exhibit No.1 - Income and expense statement Defendant's Exhibit NO.1 - 2004 Form 1099 Defendant's Exhibit NO.2 - 2003 joint federal income tax return Defendant's Exhibit NO.3 - Re/Max Realty transaction production report Defendant's Exhibit No, 4 - Court order of November 29, 2004 cull -' 2) ...., (-:-;:. l;:;? W1 o n ,-l ""C-q (11,,,::;_ -oP=1 ~l:_~'-( ~~j~.1 ?;t~ . .;"; ',:1 ?~~ ;~"i ?O '" V) v. ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, NO. 03 - 6428 CIVIL CRAIG ALLEN WILSON, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 16th day of August, 2005, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated August 11, 2005, 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, P,J, cc: ~ter B. Foster, Esquire Attorney for Plaintiff ~istoPher T, Smull, Esquire Attorney for Defendant ~ ~~~ \jlN~)~,YV,St\!N~d I "In"""<-"', ;""" ",",-"i :--'j"~t^l('V"\ IW"lI\../ i ,,"., ,I:::.: ':~,,' 1f IV 0'1:8 ~Id 91 SfW ~OOl Ab\llONOHlO::!d 3H1 30 3ClI:Ho-a311:! .. '" " 1 ",Y' 03 'II PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this \ \ -r~-\ day of f4v b u 01.- , 2005, is by and between: CRAIG A. WILSON of 119 Cricket Lane in Camp Hill, Pennsylvania, hereinafter referred to as "Husband"; and ANN MARIE WILSON of2270 Tonto Avenue, Auburn, Pennsylvania, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, the Parties hereto are Husband and Wife, having been married on July 23, 1983, and are the parents of three children, Justin R Wilson, age 20, Keith B. Wilson, born January 8, 1987 and Jeffrey Y. Wilson, born December 30, 1988; and WHEREAS, certain difficulties have arisen between the Parties hereto which have made them desirous ofliving separate and apart from one another and Wife has initiated an action in divorce filed to No_ 03-6428 before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the Parties hereto, Wife being represented by Peter B. Foster, Esquire, and Husband by Maria p, Cognetti, Esquire, have each exchanged full and complete information as to the property, assets and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the fmancial status of both Parties hereto; and WHEREAS, the Parties hereto have mutually entered into an agreement for the division of their assets, the provision for their children, the provision for the liabilities they owe, and 1 provision for the resolution of their mutual differences, after both Parties have had full and ample opportunity to consult with their respective attorneys, and the Parties now wish to have that agreement reduced to writing, NOW, THEREFORE, the Parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns and personal representatives, do hereby covenant, promise and agree as follows: L LEGAL AND PHYSICAL CUSTODY. Legal and physical custody of the Parties' minor child, Jeffrey Wilson, shall be provided for under the attached Order and Agreement marked Exhibit "A." The Parties' other children are adults, 2. JOINTLY OWNED REAL EST ATE. The Parties acknowledge that they own, as tenants by the entireties, a residence at 119 Cricket Lane, Camp Hill, Cumberland County, Pennsylvania, which property is subject to a mortgage owed to CitiBank Mortgage Company on which there is a balance owed at this time of$176,180, plus a double home at 329 Second Street in New Cumberland, Cumberland County, Pennsylvania, which has been converted to three rental units and against which there are no liens, Wife shall, contemporaneously with the execution of this Agreement, deliver to Husband a copy of a Deed for each property conveying all of her right, title, and interest in both properties to Husband and Wife does hereby waive, release and relinquish any further claim to or interest in the properties and confirms them to be the sole and separate property of Husband, The original deeds will be held in escrow by Wife's attorney pending final settlement of this matter. In consideration, therefore, Husband shall pay, in accordance with its terms, the mortgage owed to CitiBank Mortgage Company which 2 encumbers the Cricket Lane residence and any new mortgage or other loan against the property at 329 Second Street which Husband takes out to fund the payment made to Wife pursuant to the following paragraph, and Husband does hereby agree that he shall indemnify and save Wife harmless from any loss, costs or expense caused to her by his failure to make payment of such obligations in strict accordance with their terms, 3, CASH PAYMENT. Husband shall, within forty-five (45) days of the date ofthis Agreement, pay to Wife, as part of the equitable distribution of their marital property, the sum of $77,900,00, 4, AUTOMOBILES AND AUTOMOBILE INSURANCE. Each of the Parties does hereby waive, release and relinquish any and all interest in or claim to the motor vehicles titled in the name of the other party, including Husband's 2003 Lexus and 1999 Audi; and Wife's 2000 Jeep Grand Cherokee Limited, Wife shall pay and satisfy, in accordance with its terms, the debt owed to the Fifth National Bank, which encumbers the title to her Jeep automobile and shall indemnify and save harmless Husband from any loss, cost, or expense caused by her failure to do so in a timely manner, Each of the Parties shall be responsible, from and after the date of this Agreement, to be responsible to insure, and pay all costs of insurance for each of the vehicles in their name and possession and each of the Parties shall indemnify the other from all claims arising out of their ownership or operation of said vehicles, 5, HEALTH INSURANCE. Wife shall continue her Cobra health insurance coverage , on herself and the Parties' three children under her Capital Blue Cross policy with her former employer, Pottsville Hospital, until the policy expires or she obtains new employment. During 3 the coverage under this policy, Husband and Wife shall share the monthly premium cost of $672,59 per month. 6, HOUSEHOLD FURNISHINGS AND OTHER ITEMS OF TANGIBLE PERSONAL PROPERTY. Wife shall retain and receive the items of tangible property in accordance with the list attached hereto and marked as Exhibit "B," as modified as follows: On the attached list of personal property (Exhibit "B"), the Parties have agreed that Husband will retain items Nos, 10, 13, 29, 34, 35 and 45 on said list In addition, Wife shall receive from Husband the Parties' cherry console table and the Parties' Hitchcock cherry buffet Otherwise, the Parties mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the Parties hereto, and this Agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possession of each of the Parties hereto, The effective date of said bilI of sale to be contemporaneous with the date of the execution of this Agreement 7, JOINTLY OWNED STOCK INVESTMENTS. Wife agrees to assign her interest in the Parties' jointly-owned stock in Cisco and Waypoint stock to Husband at the time of execution of this Settlement Agreement Husband agrees to sell these stocks immediately after they are assigned to him and pay to Wife $5,000,00 in cash from said sale within ten (10) business days of execution of this Agreement Said $5,000,00 represents a part payment toward the $77,900,00 payable by Husband to Wife as the cash settlement in this case, By this 4 Agreement, Wife is waiving any claim to her one-half interest in said stocks, 8, WAIVER OF FURTHER CLAIMS FOR SPOUSAL SUPPORT, ALIMONY, OR ALIMONY PENDENTE LITE. The Parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items, Both Parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them, The Parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the Parties hereto and the Parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future, 9, WAIVER OF FURTHER EOUIT ABLE DISTRIBUTION. The Parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the Parties and decide them as part of the divorce action, Being aware of those rights, and being aware of the marital property owned by each of the 5 Parties, the Parties hereto, in consideration of the other terms and provisions ofthis Agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this Agreement in full satisfaction of all of their claims to the marital property of the Parties and the equitable distribution of the same, 10. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the Parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits oflaw or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other, 11, WAIVER OF OTHER PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly 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 6 property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will ofthe other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry in to effect this mutual waiver and relinquishment of all such interests, rights, and claims. 12, REPRESENTATION AS TO NO DEBTS. The Parties hereto mutually represent to the other that neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this Agreement. Each of the Parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the Parties' separation, Both Parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto, Both Parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 13, DISCLOSURE. Both of the Parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the Parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and 7 of any divorce action which has or may be filed between the Parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so, Further, the Parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the Parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations, Being so aware and satisfied, the Parties mutually accept the terms and provisions of this Agreement in full satisfaction of any and all rights or obligations arising out of their marital status or the divorce action now pending, 14. ADVICE OF COUNSEL. Both Parties represent that they have consulted with an attorney prior to signing this Agreement and have either reviewed this written agreement or the terms and provisions hereof with an attorney of their choice, or have had full and ample opportunity to do so and chosen not to do so of their own free wilL Both Parties enter into this Agreement of their own free will and without any coercion or threat from the other and relying upon no promises or representations except those expressly set forth herein. 15, CONCLUSION OF DIVORCE. If, for any reason, Husband fails to perform his obligations, fmancial or otherwise, created or enumerated under this Agreement and Wife thereby incurs any expense (including legal fees) to collect monies or otherwise enforce her rights hereunder or other rights granted by law, Husband shall indemnify her against and hold her harmless for any such expenses. 8 16, BREACH. In the event that any of the provisions of this Agreement are breached or violated by either of the Parties, the other party shall be entitled to enforce this Agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this Agreement or otherwise protect their rights, In the event that such action is commenced by one of the Parties and the other party is found to have breached or violated any of the terms and provisions of this Agreement, the party having so violated or breached the Agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 17, RELEASE. The Parties acknowledge that the purpose of this Agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The Parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this Agreement and to the claims which they are terminating hereby, Consequently, each of the Parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this Agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the Parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out oftheir marital relationship, or any other dealing between the Parties prior to the date of this Agreement, provided, however, that this release shall not exonerate either of the Parties from the obligations they expressly make in this Agreement, which shall survive the date of this Agreement until such obligations are fully performed. 18, CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in 9 accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania, 19, SEVERABILITY. If for any reason whatsoever any part of this Agreement shalJ be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fulJy enforceable. 20, NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year fIrst above written, J~ Witness ~ I . 0., i.u J .a.mr- CRAIG A. SON ~~,~ Witness 10 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND \11\.4 j-, 0' ~ U t;--c- On this, the . \ day of t-' l . 2005, before me, the undersigned officer, personally appeared CRAIG A. WILSON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ._ - _~-;a:;;;- My~i~ ,7- NOTARIAL SEt-.\. L flEX BICKLEY, Notary t'ubM HalTisburg CiIy, DauphIn cotlnly ". My CommisSIon ExpIres AprIl \0, ~OOT COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this, the \ \-rH day of ~,--)l9 \J(,.,,\:: ,2005, before me, the undersigned officer, personally appeared ANN MARIE WILSON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal, M~~ 11 ."I' RECEIVED MAY 25 2DD5 ANN M, WILSON, Plaintiff v, IN TI-IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 04-5645 CIVIL TERM ClWG A. WILSON, Defendant CIVIL ACTION - LAW IN CUSTODY AND NOW, to wit, this ORDER OF COURT "Uo day of ~ '\. ,2005, it is hereby ORDERED and DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court, ~- /" BY TIIE.eOURT: / / i J 1. l-- Exhibit "A" ANN M, WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 04-5645 CIVIL TERM CRAIG A. WILSON, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR CUSTODY AND NOW, this day of , 2005, the parties having been advised of their rights by their respective counsel, and having the best interests of their minor child, Jeffrey C, Wilson, born December 30, 1988, in mind, do hereby agree and stipulate as follows: 1. The parties hereby agree to share legal custody of the minor child, All decisions effecting the child's growth and development including, but not limited to: choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; and, education, both secular and religious, shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2, Defendant, Craig A. Wilson (hereinafter referred to as "Father") shall continue to have primary physical custody of the minor child through the start of the 2005..2006 school year in early September, 2005, 3. Plaintiff, Ann M, Wilson (hereinafter referred to as "Mother") shall continue to have partial physical custody of the child on alternating weekends according to the current schedule until said time referred to in Paragraph 2 of this Stipulation. 4, Following the close of the 2004-2005 school year, Jeffrey shall spend the first two weeks with Father, the next week with Mother, and then continue this two week / one week pattern for the remainder of the summer. Custody shall change, for these purposes, on Sunday evenings at 6:00 p,m, 5, Beginning with the school year 2005-2006, Mother shall have primary physical custody of the child, 6, Beginning with the school year 2005-2006, Father shall have partial physical custody of the child on alternate weekends, from Friday at 6:00 p,m. through Sunday at 6:00 p.m, 7, Mother shall have custody of the minor child on Mother's Day and Father shall custody of the minor child on Father's Day, The custodial period on these days shall run from 9:00 am, through 9:00 p.m, 8, The parties shall alternate the holidays of Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving, The custodial period shall run from 9:00 am. on the day of the holiday through 9:00 p.m, that same day, This schedule shall begin with Father having custody of the minor child on Memorial Day 2005, and Labor Day 2005, and Mother having custody on the Fourth of July 2005 and Thanksgiving 2005. In 2006, Father shall have Easter, Fourth of July and Thanksgiving, and Mother shall have Memorial Day and Labor Day. The holidays will continue to alternate in this fashion thereafter. 9, The Christmas holiday shall be divided into two (2) Segments. Segment A shall be defmed as beginning on December 24 at 12:00 noon and ending on December 25 at 12:00 noon, Segment B shall be defined as beginning on December 25 at 12:00 noon and ending on December 26 at 12:00 noon. The parties will alternate custody of the minor child for these Segments and the schedule will begin with Father having custody of the minor child for Segment A in 2005 and Mother having custody of the minor child for Segment Bin 2005, In 2006, tile parties would a1temate their Segments so that Mother has Segment A and Father has Segment B and this a1temating of Segments shall continue in this same manner tilereafter. 10, The parties agree that the holiday schedule enumerated above takes precedence over the normal custody schedule. 11, Mother shall provide transportation incident to the custodial exchanges at the beginning of her custodial periods, The parties shall meet at the State Police Barracks off ofI- 81, Exit 77, for the start of Father's periods of custody, 12, The parties agree that Jeffrey shall attend counseling with Psychologist Jose Delerme, Pinnacle Health Behavioral Services, 307 South Front Street, Harrisburg, P A, This counseling is for the pwpose of improving Jeffrey's relationship with Father and curing Jeffrey's depression, Mother shall provide transportation for Jeffrey, to these sessions, if they occur during her periods of custody, Mother agrees to be responsible for facilitating these counseling sessions and insuring Jeffrey's attendance thereat. The parties agree to share the costs of said counseling, Mother is only responsible for her share of said counseling costs as long as the treating psychologist is included Ill1der her employer's health insurance plan, Psychologist Delerme is covered Ill1der Mrs, Wilson's health insurance plan with her employer, Pottsville HospitaL If the parties jointly decide to change psychologists for Jeffrey, Father agrees to a new treating psychologist covered by Mother's employers' health insurance plan, 13, The parties agree that because Mother is called to work at Pottsville Hospital on short notice and at lll1usual times, she will not always be able to comply with the custody exchange schedules set forth in tius Stipulation, Moilier agrees to give Father at least two hours advance notice of any change in said custody exchange schedules due to her employment. 14, The parties acknowledge iliat this Stipulation is not ilie result of any duress or undue influence in iliat iliis Stipulation is being entered into freely and voluntarily after having received legal advice from ilieir respective counseL 15, The parties further agree iliat this Stipulation shall be entered as an Order of Court As such, this Stipulation shall have ilie same full force and effect as if this matter had been tried and decided, 16, This Stipulation and Order of Court shall replace and supersede any existing custody arrangements between ilie parties. 17. This Stipulation and Order of Court shall continue in full force and effect until further Order of Court or an amended agreement in writing between ilie parties, 18. The parties hereby waive ilieir respective rights to present this agreement in open court or to have ilieir case heard by ilie court at this time, IN WITNESS WHEREOF, ilie parties hereto have set ilieir hands and seals ilie date and year first above written, ~~,~ C'Ju ~l>/( i/Ji() ANN MARIE ON ~" 4~JL 1G ALLEN WILSON Witness List of Items for Ann Wilson from Schedule A Tangible Property I. My father's snowblower 2. My father's wheelbarrow 3, My father's half-<:ircle dark table 4, My father's beige Lane recliner with oak anns 5, My parent's ligb.tweight oak end tables (2) and matching coffee table 6. My father's dark. wood microwave table (was in basement) 7, The party paper plates and plastic utensils stored in the cabin~ doors of item 6. 8, K.enmore divided electric buffet server new in box ( was in storage room) 9. Hoover Rug Shampooer ";' .. ' ' 10. Round put together table with floral skirt and glass topper( was in mastedIedroom) . 11. Cut glass floral design shaded lamp with dark metal base (was on item ff1 0 in masterbedroom, 12. Jeff's PackaJd::Bell computer for his use at my residence Note: I am requesting that Keith Wilson get the Hewlett.Packard computer complete with printer in family room ror his use at college in Aug. 2005, 13, The pinklmauve floor lamp (was in baseJnentrec room) , 14. yellow end mi toybox filled witp: JPY old board games ( monopoly, parcllcssi, etci)' . . 15. My cexamic chess pieces that I bad painted 85 a child (were in my bedroom closet) . ' 16. miniature cookware set and animals that weremine 85 cblld{)Alete 11) 1'1\,/ brl1'/lOl1\c.\o3eh1'l~a\1 10, 17, old doll in dal:k blue cardboard box that my Uncle gave to me (was in my BR closet) 18. cUrling irons, curlexs and 11Ilir accessories ~ were on my half of the MBR vanity 19. tin P A license plate 20, white 4 or 5 piece bowl set with mlip painted r>u' front of each bowl and lid for smallest bowl ( fit inside each other) ( wexe on the top of pantly cabinet in the kitchen), These are the only item I have fronl1ny Aunt Florrie and are very sentimenlal to me. 21. the boys' baby end cbildhood memorabilia to keep for them 22. Orthodontic cu.'Itom fit bin: gua1'd ( that Pm s1ill waiting fur 8Dd vel)' much need) 23. the Ql1llUnental fake pine cone tree with rice lights that was in the comer in the living room 24. the green painted wood cabinet that my grandfulher !DlIde ( was in the flonda RID.) 25. Large Sunflower Home interior pictu:le that w.IS in a box behind the bar in the basement J:l:C room 26.27 inch TV (I believe Panasonic) that was inthe fam. RID andrepla.ced by the 32 inch TV that Craig is keeping, 27, The white cement angel yard If3 Exhlbit lOB" 28. The white cement basket yard planter 29, mauve flowered rug in fOyt:T if Craig doo'n't want it. 30, black wrought iron tall (@ 6 foot) plant stand, technically called a baker'~ rack 31. ooe of the smaller garden shovels the boys' t2ke to 1he shore 32, my Blue Schwinn ten speed bicycle that I owned since I was 13. 33. the tempered glllSS top patio table and matching striped chairs (4) *Note: switching for the metal round table and chairs since the wider legs of the glass top table set will work better on my deck with spaces between file wood boards versus the concrete patio Craig has at Cricket Lane. ' 34. The green market umbrella that was in a box on the SWlporch for use with the green tempered glass set that has a hole fur all umbrella but didn't come with one, 35, the large oak computer desk in the family'room I would like fot Jeff's use with his computer at my house 36. Jeffs maple dresser with mirror and matching chest fur his bedroom at my house His bed and the taller chest and computer de~ 98D stay in his Cricket Lane room , for his use lhere. 37, I would also like if Craig could part with one piece ofms many exercise machines for Jeff's continued use at my house. 38, Two blue twin blankets for the boys' use at my house, These were in a bag in the n1Ilin balhroom's closet. II ' 39. oD": lray table with blue & white calico ~c top (were two may be 3 of1hese on the poxch in the sunroom) 40, Easter decorations, especially the cenunic miniature houses 41. I only got one box of Christmas decorations from Craig last year and there were over 30 boxes! storage containers of Christmas decor alone--some of which was even my parents-I'm not req~ all of itbut I Vl'Quld like to go through it with Craig and divide it fairly. 42. I would like all ofthe Ha)loween decor (about 3 boxes) since r doubt Craig would utilize these items. Ditto with the Easter d~ items requested in line 39. 43. "'The Science Fair crate of supplies Jeffmightmakeuse of this school year. (was in the storage room) 44. My dad's ironing board that was in me storage room in basement. 45. A box ofCw:eUe dishes and silverware, pots pans clearly labeled fur ]R's apartmelJt use in college wa.~ in the storage room, This was my parents' and it was agreed the boys' would have it to use at oollege apartments. 46, The Sony video camera I would like to tape Jeff and to tape at Holidays but I am willing to share it as r am the roof canier container that we use to take file kids to school. 47. a white deep fryer was new in boll: on top of green cabinet in sunroom 48. the K.enmore refridgemtor that I'm paying fOl on my Sear's charge and have been since the one year free fmancing ran out in May 2004, 2/3 " 49. the live ofDllDJental pine cone tree immediately off the patio in the rear yard, , , The following is a list of items that I'm requesting for Danny, my blind, disabled brother. J was only storing these items for him because his space was limited in his group home. 1, his Disney VCR movie collection-craig gave me some old cOpied movies-not the Disney tapes-- 2, his Hess truck collection that my parents collected for him. The boys have some too but we did not buy the boys the trucks every year, ' 3. His 33/78/ record albums-these were in a Rubbennaid or SQme bnmd plastic storage container in the basement storage room. , " There was a large bag of green bath towels, Mnd towels, wash cloths that I had gotten fqr,Keifh to tak~J~ CoUtge llfulmd the time I bouj:ht JR's b!~J~ls for college. tlIill b:is! of Ke:lml s stuff WlJs stored clnder the vanity in the b8flltliljjfi off fue rec room. I am requesting Keith still get these towels so I don't have to buy again. ,~ ~3 .J,J~ i L. 9)0 v' W (LSC)Q.j , / h, 2,_ ("liAr. I..->'J - ~{.I25 c<v,\~ ') ) ) " ~ Gi 1-'1 -l:t-J \'ll VO~~( Cc PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this \ \ \~ day of j:+v!:lU L;\. , 2005, is by and between: CRAIG A. WILSON of 119 Cricket Lane in Camp Hill, Pennsylvania, hereinafter referred to as "Husband"; and ANN MARIE WILSON of 2270 Tonto Avenue, Auburn, Pennsylvania, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, the Parties hereto are Husband and Wife, having been married on July 23, 1983, and are the parents of three children, Justin R. Wilson, age 20, Keith B. Wilson, born January 8, 1987 and Jeffrey Y. Wilson, born December 30, 1988; and WHEREAS, certain difficulties have arisen between the Parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No, 03..6428 before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the Parties hereto, Wife being represented by Peter B. Foster, Esquire, and Husband by Maria p, Cognetti, Esquire, have each exchanged full and complete information as to the property, assets and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both Parties hereto; and WHEREAS, the Parties hereto have mutually entered into an agreement for the division of their assets, the provision for their children, the provision for the liabilities they owe, and 1 provision for the resolution of their mutual differences, after both Parties have had full and ample opportunity to consult with their respective attorneys, and the Parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the Parties hereto, in consideration ofthe above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns and personal representatives, do hereby covenant, promise and agree as follows: 1. LEGAL AND PHYSICAL CUSTODY. Legal and physical custody of the Parties' minor child, Jeffrey Wilson, shall be provided for under the attached Order and Agreement marked Exhibit "A." The Parties' other children are adults. 2. JOINTLY OWNED REAL ESTATE. The Parties acknowledge that they own, as tenants by the entireties, a residence at 119 Cricket Lane, Camp Hill, Cumberland County, Pennsylvania, which property is subject to a mortgage owed to CitiBank Mortgage Company on which there is a balance owed at this time of$176,180, plus a double home at 329 Second Street in New Cumberland, Cumberland County, Pennsylvania, which has been converted to three rental units and against which there are no liens. Wife shall, contemporaneously with the execution of this Agreement, deliver to Husband a copy of a Deed for each property conveying all of her right, title, and interest in both properties to Husband and Wife does hereby waive, release and relinquish any further claim to or interest in the properties and confirms them to be the sole and separate property of Husband. The original deeds will be held in escrow by Wife's attorney pending final settlement of this matter. In consideration, therefore, Husband shall pay, in accordance with its terms, the mortgage owed to CitiBank Mortgage Company which 2 encumbers the Cricket Lane residence and any new mortgage or other loan against the property at 329 Second Street which Husband takes out to fund the payment made to Wife pursuant to the following paragraph, and Husband does hereby agree that he shall indemnify and save Wife harmless from any loss, costs or expense caused to her by his failure to make payment of such obligations in strict accordance with their terms. 3. CASH PAYMENT. Husband shall, within forty-five (45) days of the date of this Agreement, pay to Wife, as part of the equitable distribution of their marital property, the sum of $77,900.00. 4. AUTOMOBILES AND AUTOMOBILE INSURANCE. Each of the Parties does hereby waive, release and relinquish any and all interest in or claim to the motor vehicles titled in the name of the other party, including Husband's 2003 Lexus and 1999 Audi; and Wife's 2000 Jeep Grand Cherokee Limited. Wife shall pay and satisfy, in accordance with its terms, the debt owed to the Fifth National Bank, which encumbers the title to her Jeep automobile and shall indemnify and save harmless Husband from any loss, cost, or expense caused by her failure to do so in a timely manner. Each of the Parties shall be responsible, from and after the date of this Agreement, to be responsible to insure, and pay all costs of insurance for each of the vehicles in their name and possession and each of the Parties shall indemnify the other from all claims arising out of their ownership or operation of said vehicles. 5. HEALTH INSURANCE. Wife shall continue her Cobra health insurance coverage on herself and the Parties' three children under her Capital Blue Cross policy with her former employer, Pottsville Hospital, until the policy expires or she obtains new employment. During 3 the coverage under this policy, Husband and Wife shall share the monthly premium cost of $672.59 per month. 6. HOUSEHOLD FURNISHINGS AND OTHER ITEMS OF TANGIBLE PERSONAL PROPERTY. Wife shall retain and receive the items of tangible property in accordance with the list attached hereto and marked as Exhibit "B," as modified as follows: On the attached list of personal property (Exhibit "B"), the Parties have agreed that Husband will retain items Nos. 10, 13,29, 34, 35 and 45 on said list. In addition, Wife shall receive from Husband the Parties' cherry console table and the Parties' Hitchcock cherry buffet. Otherwise, the Parties mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the Parties hereto, and this Agreement shall have the effect of an assigrunent or receipt from each party to the other for such property as may be in the individual possession of each of the Parties hereto. The effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 7. JOINTLY OWNED STOCK INVESTMENTS. Wife agrees to assign her interest in the Parties' jointly-owned stock in Cisco and Waypoint stock to Husband at the time of execution of this Settlement Agreement. Husband agrees to sell these stocks immediately after they are assigned to him and pay to Wife $5,000.00 in cash from said sale within ten (10) business days of execution of this Agreement. Said $5,000.00 represents a part payment toward the $77,900.00 payable by Husband to Wife as the cash settlement in this case. By this 4 Agreement, Wife is waiving any claim to her one-half interest in said stocks. 8. WAIVER OF FURTHER CLAIMS FOR SPOUSAL SUPPORT. ALIMONY. OR ALIMONY PENDENTE LITE. The Parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both Parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The Parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the Parties hereto and the Parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 9. WAIVER OF FURTHER EOUlT ABLE DISTRIBUTION. The Parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the Parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the 5 Parties, the Parties hereto, in consideration of the other terms and provisions of this Agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this Agreement in full satisfaction of all of their claims to the marital property of the Parties and the equitable distribution of the same. 10. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the Parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 11. WAIVER OF OTHER PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly 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 6 property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry in to effect this mutual waiver and relinquishment of all such interests, rights, and claims. 12. REPRESENTATION AS TO NO DEBTS. The Parties hereto mutually represent to the other that neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this Agreement. Each of the Parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the Parties' separation. Both Parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both Parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 13. DISCLOSURE. Both of the Parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the Parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and 7 of any divorce action which has or may be filed between the Parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the Parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the Parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the Parties mutually accept the terms and provisions of this Agreement in full satisfaction of any and all rights or obligations arising out of their marital status or the divorce action now pending. 14. ADVICE OF COUNSEL. Both Parties represent that they have consulted with an attorney prior to signing this Agreement and have either reviewed this written agreement or the terms and provisions hereof with an attorney of their choice, or have had full and ample opportunity to do so and chosen not to do so of their own free will. Both Parties enter into this Agreement of their own free will and without any coercion or threat from the other and relying upon no promises or representations except those expressly set forth herein. 15. CONCLUSION OF DIVORCE. If, for any reason, Husband fails to perform his obligations, fmancial or otherwise, created or enumerated under this Agreement and Wife thereby incurs any expense (including legal fees) to collect monies or otherwise enforce her rights hereunder or other rights granted by law, Husband shall indemnify her against and hold her harmless for any such expenses. 8 16. BREACH. In the event that any of the provisions of this Agreement are breached or violated by either of the Parties, the other party shall be entitled to enforce this Agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this Agreement or otherwise protect their rights. In the event that such action is commenced by one of the Parties and the other party is found to have breached or violated any of the terms and provisions of this Agreement, the party having so violated or breached the Agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 17. RELEASE. The Parties acknowledge that the purpose of this Agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The Parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this Agreement and to the claims which they are terminating hereby. Consequently, each of the Parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this Agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the Parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the Parties prior to the date of this Agreement, provided, however, that this release shall not exonerate either of the Parties from the obligations they expressly make in this Agreement, which shall survive the date of this Agreement until such obligations are fully performed. 18. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in 9 accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 19. SEVERABILITY. Iffor any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 20. NON-WAIVER. The waiver of any term, condition, clause, or provision ofthis Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above written. -~ . ~ WItness b I , a.. wJ~ CRAIG A. LSON ~~."~ /~ , CA" \ /l .' . .- :t." ~;f(~ (/;;.cl/yiJ A ARIE LSON Witness 10 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND \1 11-\ PL'~U 0---c- On this, the' I" day of , 2005, before me, the undersigned officer, personally appeared CRAIG A. WILSON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. c_ /$/ My ~is;;on expi : , NOTARIAL SEAL L REX BICKLEY, Nolaty I'ub~n Harrisburg City, Dauphin COllnl\l .. My Commission Expires />.plll 10, ~OOr COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the \ \-rH day of f-\V(g V(,.-\::: ,2005, before me, the undersigned officer, personally appeared ANN MARIE WILSON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. M~' 11 RECEIVED MAY 25 zoot ANN M. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5645 CIVIL TERM CRAIG A. WILSON, Defendant CIVIL ACTION - LAW IN CUSTODY AND NOW, to wit, this ORDER OF COURT 'Uo day of ~ '- ,2005, it is hereby ORDERED and DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. ./ ./ BY THE.eOURT: // / C J J. L-- Exhibit "An ANN M. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5645 CIVIL TERM CRAIG A. WILSON, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR CUSTODY AND NOW, this day of , 2005, the parties having been advised of their rights by their respective counsel, and having the best interests of their minor child, Jeffrey C. Wilson, born December 30, 1988, in mind, do hereby agree and stipulate as follows: 1. The parties hereby agree to share legal custody of the minor child. All decisions effecting the child's growth and development including, but not limited to: choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; and, education, both secular and religious, shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Defendant, Craig A. Wilson (hereinafter referred to as "Father") shall continue to have primary physical custody of the minor child through the start of the 2005-2006 school year in early September, 2005. 3. Plaintiff, Ann M. Wilson (hereinafter referred to as "Mother") shall continue to have partial physical custody of the child on alternating weekends according to the current schedule until said time referred to in Paragraph 2 of this Stipulation. 4. Following the close of the 2004-2005 school year, Jeffrey shall spend the first two weeks with Father, the next week with Mother, and then continue this two week / one week pattern for the remainder of the summer. Custody shall change, for these purposes, on Sunday evenings at 6:00 p.m. 5. Beginning with the school year 2005-2006, Mother shall have primary physical custody of the child. 6. Beginning with the school year 2005-2006, Father shall have partial physical custody of the child on alternate weekends, from Friday at 6:00 p.m. through Sunday at 6:00 p.m. 7. Mother shall have custody of the minor child on Mother's Day and Father shall custody of the minor child on Father's Day. The custodial period on these days shall run from 9:00 a.m. through 9:00 p.m. 8. The parties shall alternate the holidays of Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. The custodial period shall run from 9:00 a.m. on the day of the holiday through 9:00 p.m. that same day. This schedule shall begin with Father having custody of the minor child on Memorial Day 2005, and Labor Day 2005, and Mother having custody on the Fourth of July 2005 and Thanksgiving 2005. In 2006, Father shall have Easter, Fourth of July and Thanksgiving, and Mother shall have Memoria] Day and Labor Day. The holidays will continue to alternate in this fashion thereafter. 9. The Christmas holiday shall be divided into two (2) Segments. Segment A shall be defmed as beginning on December 24 at 12:00 noon and ending on December 25 at 12:00 noon. Segment B shall be defmed as beginning on December 25 at 12:00 noon and ending on December 26 at 12:00 noon. The parties will alternate custody of the minor child for these Segments and the schedule will begin with Father having custody of the minor child for Segment A in 2005 and Mother having custody of the minor child for Segment Bin 2005. In 2006, the parties would alternate their Segments so that Mother has Segment A and Father has Segment B and this alternating of Segments shall continue in this same manner thereafter. 10. The parties agree that the holiday schedule enumerated above takes precedence over the normal custody schedule. 11. Mother shall provide transportation incident to the custodial exchanges at the beginning of her custodial periods. The parties shall meet at the State Police Barracks off of 1- 81, Exit 77, for the start of Father's periods of custody. 12. The parties agree that Jeffrey shall attend counseling with Psychologist Jose Delerme, Pinnacle Health Behavioral Services, 307 South Front Street, Harrisburg, PA. This counseling is for the purpose of improving Jeffrey's relationship with Father and curing Jeffrey's depression. Mother shall provide transportation for Jeffrey, to these sessions, if they occur during her periods of custody. Mother agrees to be responsible for facilitating these counseling sessions and insuring Jeffrey's attendance thereat. The parties agree to share the costs of said counseling. Mother is only responsible for her share of said counseling costs as long as the treating psychologist is included under her employer's health insurance plan. Psychologist Delerme is covered under Mrs. Wilson's health insurance plan with her employer, Pottsville Hospital. If the parties jointly decide to change psychologists for Jeffrey, Father agrees to a new treating psychologist covered by Mother's employers' health insurance plan. 13. The parties agree that because Mother is called to work at Pottsville Hospital on short notice and at unusual times, she will not always be able to comply with the custody exchange schedules set forth in this Stipulation. Mother agrees to give Father at least two hours advance notice of any change in said custody exchange schedules due to her employment. 14. The parties acknowledge that this Stipulation is not the result of any duress or undue influence in that this Stipulation is being entered into freely and voluntarily after having received legal advice from their respective counsel. 15. The parties further agree that this Stipulation shall be entered as an Order of Court. As such, this Stipulation shall have the same full force and effect as if this matter had been tried and decided. 16. This Stipulation and Order of Court shall replace and supersede any existing custody arrangements between the parties. 17. This Stipulation and Order of Court shall continue in full force and effect until further Order of Court or an amended agreement in writing between the parties. 18. The parties hereby waive their respective rights to present this agreement in open court or to have their case heard by the court at this time. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. ~~,~ rh1L ~tiIJii) ANN MARIE ON r1G^AL~~~ Witness List of Items for Ann Wilson from Schedule A Tangible Property 1. My father's snowblower 2. My father's wheelbarrow 3, My father's ha1f-circle dark table 4, My father's beige Lane recliner with oak anns 5. My parent's lightweight oak end tables (2) and matching coffee table 6. My father's dark wood microwave table (was in basement) 7, The party paper plates and plastic utensils stored in the cabin~ doors of item 6. 8. Kenmore divided electric buffet server new in box ( was in storage room) 9. Hoover Rug Shampooer' , ..' ' 10. ROund put together table with floral skirt and glass topper( was in masterbixlroom) 11. Cut glass floral design shaded lamp with dark metal base (was on item ff1 0 in masterbedroom. 12. Jeff's Packard. Bell computer for his use at my residence Note: I am requesting that Keith Wilson gel the Hewlett-Packard computer complete with printer in family room fur his use at college in Aug. 2005. 13. The pink/mauve floor Imnp ( was in basement rec room) . 14. yellow llIld red toybox filled wittl llY old board gemes ( monopoly, parchessi, eiC)" . . 15. My ceramic chess pieces that I had painted as a child ( were in my bedroom closet) .' \ I' 16, miniature cookware set and animalR that were mine as child(.were 111 1'f\'1lxdfOOl1\c. caetln~allDl 17. old doll in dark blue cardboard box that my Uncle gave to me ( was in my BR closet) 18. cUrling irons, curlers and hlIir acceswries that were on my half of the MBR vanity 19. tin PA license plate 20, white 4 or 5 piece bowl set with tulip painted on front of each bowl and lid fur smallest bowl ( fit inside each other) ( were on the top of pantry cabinet in the kitchen). These are the only item 1 have from my Aunt Florrie and are very sentimental to me, Z 1, the boys' baby and cbildhood memorabilia to keep for them 22. Orthodontic cu.Wlm tit bite guard ( that T'ro still waiting for and very much need) 23. the ornamental fake pine cone tree with rice lights that was in the corner in the living room 24. the green painted wood cabinet that my grandfuther made ( was in the Florida Rm.) 25. Large Sunflower Home interior picture that was in a box behind the bar in the basement rec room 26. 27 inch TV (I believe Panasonic) that was in the fatn. Rm and replaced by the 32 inch TV that Craig is keeping. 27. The white cement angel yard 1/3 Exh~1\it "B" 28. The white cement basket yard planter 29. mauve flowered rug in foyer if Craig oocm't NIIUlt it. 30. black wrought iron ta11 (@ 6 foot) plant stand, technically called a OOker'5 rack 31. one of the smaller garden shovels the boys' mk.e to the shore 32. my Blue Schwinn ten speed bicycle that I owned since I was 13. 33. the tempered glass top patio table and matching striped chairs (4) *Note: switching for the metal round table and chain; since the wider legs of the glass top table set will work better on my deck with space:; between the wood boards versus the concrete patio Craig has at Cricket Lane. . 34. The green market umbrella that was in a box on the sunporch for use with the green tempered glass set that has a hole fur au. umbrella but didn't come with one. 35. the large oak computer desk in the family'room I would like for Jeff's use with his computer at my house 36. Jeff's maple dresser with mirror and matching chest for his bedroom at my house His bed and the Wier chest and computer deilk 9llIl stay in his Cricket Lane room . for his use there. 37. I would also like if Craig could part with onepiece ofbis many exercise machines for Jeff's continued use at my house. 38. Two blue twin blankets fur the bo)'ll' use at my house. These were in a bag in lhe main bathroom's closet. '" . , 39. one tray table with blue & white calico ~c top (were two may be 3 of these Qll the pon;h in the SUIlfOOm) 40. Easter decorations, especially the ceramic miniature houses 41. I only got one box of Christmas decorations from Craig last year and there were over 30 boxes! stQtage containers ofCbristIms decor alo~me of which was even my parents-I'm not requesting all of it but I would like to go through it with Craig and divide it fairly. 42. I would like all of the Halloween decor (about 3 boxes) since r doubt Craig would utilize these items. Ditto with the Easter decor items requested in line 39. 43. .The Science Fair crate of supplies Jeffmightmake use of this school year. (was in the storage room) 44, My dad's ironing board that was in the stDraBB room in basement. 45. A box ofCw:elle dishes and silverware, pots pans clearly labeled for JR's apartment use ;n college Wll$ in the storage room. This was my pateDlS' and it was agreed the boys' would have it to use at college apartments. 46. The Sony video camera I would like to tape Jeff and to tape at Holidays but I am willing to share it as I am the roof carrier cOlltainer that we use to take the kids to school. 47. a white deep fu'er was new in box on top of green cabinet in sunroom 48, the Kemnore refridgerator that I'm paying fOlon my Sear's charge and have been. since the OIle year free financing ran out in May 2004. 2/3 49, the live ornamental pine cone tree immediately off1he patio in the rear yard. the fullowing is a list of items that I'm requesting for Danny, my blind, disabled brother. I was only storing these items fur him because his space was limited in his group home, 1. his Disney VCR movie collection~raig gave me some old CQpied movies-not the Disney tapes.- 2. his Hess 1l1lck collection that my parents collected for him. The boys have some too but we did not buy the boys the trucks eYeiy year. . 3. His 3317&/ record albums-these were in a Rubbennaid or some lmmd plastic storage container in 1he basement storage roont , There was a large bag of gteen bath towels, hand towels, wash cloths that I had gotten fqr,Ktith to tak~/b CoUese atblmd the timt: I bo~t JR's b!~!~ls for college. tIU.S ~ of Keltn+ s stuff Wlls ston!d rindedbe VII!lifyin the blitI1tdtltli off tk tee room. I am requesting Keith still get these towels so I don't have to buy agaiIL I" ,213 (') c- r--' c::) 1",::;'--- W' C ( ) -. , -J r~ o -" ...... ?~;:;J -n -, -.1,i<:::1 -j/) . -.'1:; '.c'., )\"i" ..4 T:...... ~JJ -< G) C) .;.- ,-- ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03 - 6428 CIVIL CRAIG ALLEN WILSON, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 16th day of August, 2005, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated August 11, 2005, 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. P.J. cc: ~ter B. Foster, Esquire Attorney for Plaintiff ~ristopher T. Smull, Esquire Attorney for Defendant !* ~~ O~l'l' lid 91 C:,,!,I.lrnnz ' ..;tJ ~:"i'; J :Ji ~uu A. ~:\11n:/-:;-)' C.....:.) :l1-ll -1"1 "J.: ".<1 '1;\../1 !J.. L-".,~:l'n'! ~, _ _\...i 38tJjO-(!Jll:l IN THE CaJRT OF CG1MON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO. 03-6428 CIVIL TERM Ann Marie Wilson, Plaintiff vs. Craig Allen Wilson, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~--(-dt{-l-}-~-t-he-~-C~. (Strike out inapplicable section) 2. Date and manner of service of the complaint: December 13, 2003, certified mail, restricted delivery on the Defendant 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff September 25, 2005 by the defendant September 25, 2005 B. (1) Date of execution of the plaintiff's affidavit requjred by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code ~.~.~ Attorney for Plaintiff! ;'..) t....r..~. r--.: ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6428 CIVIL TERM CRAIG ALLEN WILSON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301 (c) of the Divorce Code was filed on December 11,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities. September 25,2005 ;/ \/1 l . ,". I . I '. JI -),1 ,', ~ ihu VJt (Ud?lit otJ;f) Ann Marie Wilson \"j ..,,~ ,,,,"" .. ',' ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6428 CIVIL TERM CRAIG ALLEN WILSON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S 3301(c) AND S 3301(d) 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.A. ~ 4904 relating to unsworn falsification to authorities. September 25, 2005 ---------.--.--- .-..-.; ~ --~ (~': ~J r',-~' pc..: -'~-''''~~-~_. _..~-'-~'.---- ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6428 CIVIL TERM CRAIG ALLEN WILSON, Defendant IN DIVORCE AFFIDAVIT OF CONSENT L A Complaint in Divorce under ~ 3301 (c) ofthe Divorce Code was filed on December 11, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities. September 25, 2005 ~q.W~ Craig A. ~ilson r.. ANN MARIE WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-6428 CIVIL TERM CRAIG ALLEN WILSON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND & 3301(d) 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.A. ~ 4904 relating to unsworn falsification to authorities. September 25, 2005 qwL ilson '~'., ,... :1"," ..j~ ~~~~~~~~~~~+.+.+.~~++.+~+.++.+.+~ . . + . + . . . . . . . . . . . . . . . + + + + + + . . + . . . . . . . . . . . + . + . . . . . . + . . . . . . . . + . + . . . . + . . . . . . . + . . + + + . + + + + . . . . + + . . . . + . + . + . . . . ++ ++. +. +.:+ . . . . + . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . + . . . + . + . . . . . . . . . . + . . . . . . . . . . . . . . . . . . . + . . . . . . + . + . . . . . . . . . + . . + + . :+'f + +. + H ... Of.+':+~+'~+' :+~+.+ +.+.+.+.~+.+.*+.+. . . . H .++ IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF No. Ann Marie Wilson VERSUS Craig Allen Wilson DECREE IN DIVORCE AND NOW, October .2& DECREED THAT Ann Marie Wilson AND Craig Allen Wilson ARE DIVORCED FROM THE BONDS OF MATRIMONY. PENNA. PLEAS 03-6428 Civil Term 2005 --' IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL O~~DER HAS NOT ,J dN~ By THE ATTEST: (!~) ++':+:+:~:+:+'+''f+'f:+: . +. 'f +. Of: +. Of. :+: ~ +. Of. Of. Of. 'f ~ :+:~++'++'+'+'+'+'+'Of.+'+ :+:+~+':+:++''f Of.+'f +':+:'f+':+:++':+:+:~:+: PROTHONOTARY J. /r~p flY':Z ,rlp'~! ?>7?Jpi}L ~ fr" ~ rr.~4Jdv,J f',' . 5r..J,1(" .,1/ 5cl,iC "Cr , . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ANN MARIE WILSON, Plaintiff NO. 03-6428 Civil Term v. IN DIVORCE CRAIG ALLEN WILSON, Defendant JUDGE GUIDO JOINT PETITION TO AMEND DIVORCE DECREE AND NOW, this \} i 1-\ day of December, 2005, come the Parties to this Action, Ann Marie Wilson and Craig Allen Wilson, by their attorneys, Peter B. Foster, Esquire and jl::hristopher Smull, Esquire, and Petition the Court to Amend the Divorce Decree and, in support thereof, aver as follows: 1. On August I I, 2005, the Parties entered into a Property Settlement Agreement, which was made part of the Record in this case. A true and correct copy of said Property Settlement Agreement is attached as Exhibit "A." 2. By said Agreement (Exhibit "A"), the Parties intended to have said Agreement be incorporated into the Divorce Decree in this case but not merge with it. 3. On October 24, 2005, Plaintiff's counsel filed a Praecipe to Transmit Record in making application for a Divorce Decree but neglected to submit a proposed Decree with the language: 'The Parties' Property Settlement Agreement is incorporated into but does not mergt; with the Divorce Decree. 4. The Court issued a Divorce Decree on October 25, 2005, which did not contain said, desired language. A true and correct copy of said Divorce Decree is attached as Exhibit "B." . . 5. Attached to this Joint Petition as Exhibit "C" are two identical, proposed Amended Decrees in Divorce containing the additional language which the Parties desire. WHEREFORE, for all the foregoing reasons, the Parties respectfully request this Honorable Court to sign an Amended Divorce Decree in this case containing the language: "The Parties' Property Settlement Agreement is incorporated into but does not merge with the Divorce Decree." Respectfully submitted, December \).,2005 f~ fs,~_ Peter B. Foster, Esquire Attorney for Ann Marie Wilson Pinskey & Foster 114 South Street Harrisburg, PA 17101 \~~~)W{ Kristopher Smull, Esquire Attorney for Craig Allen Wilson Maria P. Cognetti & Associates 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 ,- PROPERTY SETTLEMENT AGREEMENT THlS AGREEMENT, made this \\ -q--\ day of {4VbU 0r:. , 2005, is by and between; CRAIG A. WILSON of 119 Cricket Lane in Camp Hill, Pennsylvania, hereinafter referred to as "Husband"; and ANN MARIE WILSON of2270 Tonto Avenue, Auburn, Pennsylvania, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, the Parties hereto are Husband and Wife, having been married on July 23, 1983, and are the parents of three children, Justin R. Wilson, age 20, Keith B. Wilson, born January 8, 1987 and Jeffrey Y. Wilson, born December 30, 1988; and WHEREAS, certain difficulties have arisen between the Parties hereto which have made them desirous ofliving separate and apart from one another and Wife has initiated an action in divorce filed to No. 03-6428 before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the Parties hereto, Wife being represented by Peter B. Foster, Esquire, and Husband by Maria P. Cognetti, Esquire, have each exchanged full and complete information as to the property, assets and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both Parties hereto; and WHEREAS, the Parties hereto have mutually entered into an agreement for the division of their assets, the provision for their children, the provision for the liabilities they owe, and I Exhibit ItA" L provision for the resolution of their mutual differences, after both Parties have had full and ample opportunity to consult with their respective attorneys, and the Parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the Parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns and personal representatives, do hereby covenant, promise and agree as follows: I. LEGAL AND PHYSICAL CUSTODY. Legal and physical custody of the Parties' minor child, Jeffrey Wilson, shall be provided for under the attached Order and Agreement marked Exhibit "A." The Parties' other children are adults. 2. JOINTLY OWNED REAL ESTATE. The Parties acknowledge that they own, as tenants by the entireties, a residence at 119 Cricket Lane, Camp Hill, Cumberland County, Pennsylvania, which property is subject to a mortgage owed to CitiBank Mortgage Company on which there is a balance owed at this time of$176,180, plus a double home at 329 Second Street in New Cumberland, Cumberland County, Pennsylvania, which has been converted to three rental units and against which there are no liens. Wife shall, contemporaneously with the execution of this Agreement, deliver to Husband a copy of a Deed for each property conveying all of her right, title, and interest in both properties to Husband and Wife does hereby waive, release and relinquish any further claim to or interest in the properties and confirms them to be the sole and separate property of Husband. The original deeds will be held in escrow by Wife's attorney pending fmal settlement of this matter. In consideration, therefore, Husband shall pay, in accordance with its terms, the mortgage owed to CitiBank Mortgage Company which 2 encumbers the Cricket Lane residence and any new mortgage or other loan against the property at 329 Second Street which Husband takes out to fund the payment made to Wife pursuant to the following paragraph, and Husband does hereby agree that he shall indemnify and save Wife harmless from any loss, costs or expense caused to her by his failure to make payment of such obligations in strict accordance with their terms. 3. CASH PAYMENT. Husband shall, within forty-five (45) days ofthe date ofthis Agreement, pay to Wife, as part ofthe equitable distribution of their marital property, the sum of $77,900.00. 4. AUTOMOBILES AND AUTOMOBILE INSURANCE. Each of the Parties does hereby waive, release and relinquish any and all interest in or claim to the motor vehicles titled in the name of the other party, including Husband's 2003 Lexus and ]999 Audi; and Wife's 2000 Jeep Grand Cherokee Limited. Wife shall pay and satisfY, in accordance with its terms, the debt owed to the Fifth National Bank, which encumbers the title to her Jeep automobile and shall indemnify and save harmless Husband from any loss, cost, or expense caused by her failure to do so in a timely manner. Each of the Parties shall be responsible, from and after the date of this Agreement, to be responsible to insure, and pay all costs of insurance for each of the vehicles in their name and possession and each of the Parties shall indemnify the other from all claims arising out of their ownership or operation of said vehicles. 5. HEALTH INSURANCE. Wife shall continue her Cobra health insurance coverage on herself and the Parties' three children under her Capital Blue Cross policy with her former employer, Pottsville Hospital, until the policy expires or she obtains new employment. During 3 the coverage under this policy, Husband and Wife shall share the monthly premium cost of $672.59 per month. 6. HOUSEHOLD FURNISHINGS AND OTHER ITEMS OF TANGIBLE PERSONAL PROPERTY. Wife shall retain and receive the items of tangible property in accordance with the list attached hereto and marked as Exhibit "B," as modified as follows: On the attached list of personal property (Exhibit "B"), the Parties have agreed that Husband will retain items Nos. 10, 13,29,34,35 and 45 on said list. In addition, Wife shall receive from Husband the Parties' cherry console table and the Parties' Hitchcock cherry buffet. Otherwise, the Parties mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the Parties hereto, and this Agreement shall have the effect of an assigrunent or receipt from each party to the other for such property as may be in the individual possession of each of the Parties hereto. The effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 7. JOINTLY OWNED STOCK INVESTMENTS. Wife agrees to assign her interest in the Parties' jointly-owned stock in Cisco and Waypoint stock to Husband at the time of execution of this Settlement Agreement. Husband agrees to sell these stocks inunediately after they are assigned to him and pay to Wife $5,000.00 in cash from said sale within ten (10) i business days of execution of this Agreement. Said $5,000.00 represents a part payment toward the $77,900.00 payable by Husband to Wife as the cash settlement in this case. By this 4 Agreement, Wife is waiving any claim to her one-half interest in said stocks. 8. WAIVER OF FURTHER CLAIMS FOR SPOUSAL SUPPORT, ALIMONY, OR ALIMONY PENDENTE LITE. The Parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both Parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The Parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either ofthe Parties hereto and the Parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 9. WAIVER OF FURTHER EQUITABLE DISTRIBUTION. The Parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the Parties and decide them as part ofthe divorce action. Being aware ofthose rights, and being aware ofthe marital property owned by each of the 5 Parties, the Parties hereto, in consideration of the other terms and provisions of this Agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby fiJrther waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name ofthe other, it being their intention to accept the terms and provisions ofthis Agreement in full satisfaction of all of their claims to the marital property of the Parties and the equitable distribution ofthe same. 10. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the Parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 11. WAIVER OF OTHER PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly 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 6 property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry in to effect this mutual waiver and relinquishment of all such interests, rights, and claims. 12. REPRESENT A TION AS TO NO DEBTS. The Parties hereto mutually represent to the other that neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this Agreement. Each of the Parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the Parties' separation. Both Parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both Parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 13. DISCLOSURE. Both of the Parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the Parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and 7 of any divorce action which has or may be filed between the Parties with an attorney of their choice, or had the opportunity to review such matters with an attorney oftheir choice and voluntarily decide not to do so. Further, the Parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware ofthose rights, the Parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the Parties mutually accept the terms and provisions of this Agreement in full satisfaction of any and all rights or obligations arising out of their marital status or the divorce action now pending. 14. ADVICE OF COUNSEL. Both Parties represent that they have consulted with an attorney prior to signing this Agreement and have either reviewed this written agreement or the terms and provisions hereof with an attorney of their choice, or have had full and ample opportunity to do so and chosen not to do so of their own free will. Both Parties enter into this Agreement of their own free will and without any coercion or threat from the other and relying upon no promises or representations except those expressly set forth herein. 15. CONCLUSION OF DIVORCE. If, for any reason, Husband fails to perform his obligations, financial or otherwise, created or enumerated under this Agreement and Wife thereby incurs any expense (including legal fees) to collect monies or otherwise enforce her rights hereunder or other rights granted by law, Husband shall indemnify her against and hold her harmless for any such expenses. 8 16. BREACH. In the event that any ofthe provisions of this Agreement are breached or violated by either of the Parties, the other party shall be entitled to enforce this Agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this Agreement or otherwise protect their rights. In the event that such action is commenced by one of the Parties and the other party is found to have breached or violated any of the terms and provisions of this Agreement, the party having so violated or breached the Agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 17. RELEASE. The Parties acknowledge that the purpose of this Agreement is to divide all oftheir marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The Parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this Agreement and to the claims which they are terminating hereby. Consequently, each of the Parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this Agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the Parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the Parties prior to the date ofthis Agreement, provided, however, that this release shall not exonerate either of the Parties from the obligations they expressly make in this Agreement, which shall survive the date of this Agreement until such obligations are fully performed. 18. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in 9 accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 19. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 20. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above written. ~0;VL Witness o G-c~Gm<\' wJ~ CRAIG A. LSON ~-(?,'~ .....---~, / \V./ I i I : I : /) '; -.~"" IV Witness 10 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND '\'\ l~\ P .~ . l~T- On this, the day of' ~ ('l' ) ,2005, before me, the undersigned officer, personally appeared CRAIG A. WILSON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~df!:\ NOTARIAL SEAL L REX BICKLEY, No\~ty I'ub\le Harrisburg City, Dauphin County ,c i My Commission Expires />.Plll 10, \lOa I /<~/ My C<11llinis~ion expi : COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the \ \--n-l: day of ~UlD VCI'\::: ,2005, before me, the undersigned officer, personally appeared ANN MARIE WILSON known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. .....-:.-.f..S:... , -i>.",v1\~ ~~;'\'Il~\\~. \ , tilQ, i..ti ~o\i'~"\,,,,~ -- . ..,.-.t B\CY< - ':'"..~n\.~ ~\(\ ,JP- .,. \.....t:J' C'''' ,,"", ",., "",,.," '~'o\l(g "l-L",.p& i\'l!tt,.".,--,- l!'\\-\~-"'~ .~'''" M~ 11 RECEIVED MAY 25 ZOOS5 ANN M. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5645 CIVIL TERM CRAIG A. WILSON, Defendant CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, to wit, this ~ day of ~ 2005, it is hereby ORDERED and DECREED that the attached Stipulation for Custody is made an Order of this Court and said Stipulation is adopted in its entirety and incorporated herein as an Order of Court. ....- BY TlIl;:mURT: // /' { ! J. L---, ,,0:\) b'V () Exhibit "A" ANN M. WILSON, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5645 CIVIL TERM CRAIG A. WILSON, Defendant CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR CUSTODY AND NOW, this day of , 2005, the parties having been advised of their rights by their respective counsel, and having the best interests of their minor child, Jeffrey C. Wilson, born December 30, 1988, in mind, do hereby agree and stipulate as follows: 1. The parties hereby agree to share legal custody of the minor child. All decisions effecting the child's growth and development including, but not limited to: choice of day care provider; medical and dental treatment; psychotherapy, psychoanalysis or like treatment; decisions relating to actual or potential litigation involving the child, directly or as beneficiary, other than custody litigation; and, education, both secular and religious, shall be considered major decisions and shall be made by the parties jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the child's best interest. 2. Defendant, Craig A. Wilson (hereinafter referred to as "Father") shall continue to have primary physical custody of the minor child through the start of the 2005-2006 school year in early September, 2005. 3. Plaintiff, Ann M. Wilson (hereinafter referred to as "Mother") shall continue to have partial physical custody of the child on alternating weekends according to the current schedule until said time referred to in Paragraph 2 of this Stipulation. 4. Following the close of the 2004-2005 school year, Jeffrey shall spend the fIrst two weeks with Father, the next week with Mother, and then continue this two week / one week pattern for tile remainder of the summer. Custody shall change, for these purposes, on Sunday evenings at 6:00 p.m. 5. Beginning with the school year 2005-2006, Mother shall have primary physical custody of the child. 6. Beginning with the school year 2005-2006, Father shall have partial physical custody of the child on alternate weekends, from Friday at 6:00 p.m. through Sunday at 6:00 p.m. 7. Mother shall have custody of the minor child on Mother's Day and Father shall custody of the minor child on Father's Day. The custodial period on these days shall run from 9:00 a.m. through 9:00 p.m. 8. The parties shall alternate the holidays of Easter, Memorial Day, Fourth of July, Labor Day and Thanksgiving. The custodial period shall run from 9:00 a.m. on the day of the holiday through 9:00 p.m. that same day. This schedule shall begin with Father having custody of the minor child on Memorial Day 2005, and Labor Day 2005, and Mother having custody on the Fourth of July 2005 and Thanksgiving 2005. In 2006, Father shall have Easter, Fourth of July and Thanksgiving, and Mother shall have Memorial Day and Labor Day. The holidays will continue to alternate in this fashion thereafter. 9. The Christmas holiday shall be divided into two (2) Segments. Segment A shall be defmed as beginning on December 24 at 12:00 noon and ending on December 25 at 12:00 noon. Segment B shall be defined as begirUling on December 25 at 12:00 noon and ending on December 26 at 12:00 noon. The parties will alternate custody of the minor child for these Segments and the schedule will begin with Fa1l1er having custody of the minor child for Segment A ill 2005 and Mother having custody of the minor child for Segment Bin 2005. In 2006, the parties would altemate their Segments so that Mother has Segment A arId Father has Segment B and tIlls altemating of Segnlents shall continue in tllls same manner thereafter. 10. The parties agree that the holiday schedule enumerated above takes precedence over the normal custody schedule. II. Motller shall provide transportation incident to the custodial excharIges at the beginning of her custodial periods. The parties shall meet at the State Police Barracks off 00- 81, Exit 77, for the start of Father's periods of custody. 12. The parties agree that Jeffrey shall attend counseling with Psychologist Jose Delerme, Pinnacle Health Behavioral Services, 307 South Front Street, Harrisburg, P A. This counseling is for the purpose of improving Jeffrey's relationship with Father and curing Jeffrey's depression. Mother shall provide transportation for Jeffrey, to these sessions, if they occur during her periods of custody. Mother agrees to be responsible for facilitating these counseling sessions and insuring Jeffrey's attendance thereat. The parties agree to share the costs of said counseling. Mother is only responsible for her share of said counseling costs as long as the treating psychologist is included under her employer's health insurance plan. Psychologist Delerme is covered under Mrs. Wilson's health insurarIce plan with her employer, Pottsville Hospital. If the parties jointly decide to change psychologists for Jeffrey, Father agrees to a new treating psychologist covered by Mother's employers' health insurmce plm. 13. The parties agree that because Mother is called to work at Pottsville Hospital on short notice and at unusual times, she will not always be able to comply with the custody exchange schedules set forth in tills Stipulation. Mother agrees to give Father at least two hours advance notice of any change in said custody exchange schedules dne to her employment 14. The parties acknowledge tilat tills Stipulation is not the result of any duress or undue influence in that this Stipulation is being entered into freely and voluntarily after having received legal advice from their respective counseL 15. The parties further agree that this Stipulation shall be entered as an Order of Court. As such, this Stipulation shall have the same full force and effect as if this matter had been tried and decided. 16. This Stipulation and Order of Court shall replace and supersede any existing custody arrangements between the parties. 17. This Stipulation and Order of Court shall continue in full force and effect until further Order of Court or an amended agreement in writing between the parties. 18. The parties hereby waive their respective rights to present this agreement in open court or to have their case heard by the court at this time. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. i I 0/"'11 VJff.,ff it/Jif) ANN MARIE WI ON ~ ' , ' I ./ " ~~LL ~ ALLEN WILSON ~\j,~ Witness List of Items for Ann Wilson from Schedule A Tangible Property 1. My father's snowblower 2. My father's wheelbarrow 3. My father's ha1f-circle dark table 4. My father's beige Lane recliner with oak arms S. My parent's lightweight oak end tables (2) and matching coffee table 6, My father's dark wood microwave tBhle (was in basement) 7. The party paper plates and plastic utensils stored in the cabin~ doors of item 6. 8. Kenmore divided electric buffet server new in box (was in storage room) 9. Hoover Rug Shampooer' '. ", 1 O. Round put together table with floral skirt and glass topper( was in rnasterbedroom) 11. Cut glass Boral design shaded lamp with darkmeta1 base (was on item #10 in masterbedroom. 12. Jeff's Packard, Bell computer fur his use at my residence Note: I am requesting that Keith Wilson gel the Hewlett.Packard computer complete with printer in family room for his use at CQllege in Aug. 2005. 13. The pinkfmauve Boor lamp (was in basementrec room) , 14. yellow IlI1d red toybox filled willl,!l1y old board g(lffics ( mooopoly, parchessi, etC)" . , 15. My ceramic chess pieces that I had painte1lasa child (were in my bedroom closet) . . 16. miniature cookware set and "nim"l. that were mine as cbildLwete In 1'I\~lx&fOOIl\d03eh'j)$lP.all 1." 17. old doll in dark blue cardboard box that my Uncle gave to me (was in my BR doscl) 18. cUrling irons, curlers and hair accesoories that were on my half of the MBR vanity 19. tin P A license plate 20. white 4 or 5 piece bowl set with tulip painted on front of each bowl and lid fur smallest bowl ( fit inside each other) ( were on. the top of pantry cabinet in the kitchen). These are the only item I have from my Aunt Florrie and are very sentimental to me. 21. the boys' baby and childhood memorabilia to keep for them 22. Orthodontic cu.Wlm tit bite guard ( tbat I'm still waiting fur and very much need) 23. the ornamental fake pine cone tree with rice lights that was in the comer in the living room 24. the green painted wood cabinet that my grandfather made (was in the Florida RID.) 25. Large Sunflower Home interior picture that was in a box behind the bar in 1he basement ree room 26. 27 inch TV ( I believe Panasonlc) 1hat was in the farn. Rm llIld replaced by the 32 inch TV that Craig is keeping. 27. The white cement angel yard 1/3 Exhibit "B" 28. 'lne white cement basket yard planter 29. mauve flowered rug in foyer if Craig tJoe.'n't want it 30. black wrought iron tal] (@ 6 foot) plant stand, technically called a bakeJ:'S rack 31. one of the smaller garden shovels the boys' rnke to the shore 32. my Blue Schwinn ten speed bicycle that I owned since I was 13. 33. the tempered glass top patio table and matching striped (~hajrs (4) *Note: switching for the metal round table and chairs since the wider legs of the glass top table set will work better on my deck with spar:es between the wood boards versus the concrete patio Craig has at Cricket Lane, , 34. The green market umbrella that was in a box on the SIIDporch for use with the green tempered glass set that has a hole for an wnbrella but didn't come with one. 35. the large oak computer desk in the familYl:oom I would like for )eff's use with his computer at my house 36. Jeff's maple dresser with mirror and matching chest fur his bedroom at my house His bed and the tllller chest and computer de~ ~ s1ay in his Cricket Lane room , for his use there. 37, I would also like if Craig could part with one piece ofhis many exercise machines for Jeff's continued use at my house. 38, Two blue twin blankets for the boys' use at my house, 1bese were in a bag in the main ba1lnoom's closet. II- 39. one tray table with blue & white calico ~c top (were two may be 3 of these on the poroh in the SUDfOOm) 40. Easter decorations, especia1ly the ceramic miniature houses 41. I only got one box of Christmas decoratiollB from Craig last year and there were over 30 boxes! storage containers of Christmas decor alon~me of which was even my parents-I'm not requesting all of it but I wuuld like to go through it with Craig and divjde it 1mrly. 42.1 would like all of the H~oween decor (about 3 boxes) since r doubt Craig would utilize these items. Ditto with the Easter decor items requested in line 39. 43. *The Science Fair crate of supplies Jeff might make use of this school year. (was in the storage room) 44, My dad's ironing board that was in the storage room in basement. 45. A box ofCM:elle dishes and silvC/.Wll!'c, pots paIlS clearly labeled for JR's apartment u,<;e in college Wl:l$ in the storage room. This was my parents' and it was agreed the boys' would have it to use at college apartments. 46. The Sony video camera r would like to tape Jeff and to tape at Holidays but I am willing to share it as r am the roof carrier container that we use to take the kids to school. 47. a white deep jj:yer w~ new in box on top of green cabinet in sunroom 48, the Kenmore refridgerator that I'm paying fOl on my Sear's charge and have been since the one year free financing ran out in May 2004. 2/3 49. the live ornamental pine cone tree immediately off the patio in the rear yard. The following is a lis! of items that I'm requesting for Danny, my blind, disabled brother. J was only storing these items for him because his space was limited in his group home. 1. his Disney VCR movie cOllection---Craig gave me some old copied movies-not the Disney tapes- 2. his Hess trUck collection that my parents collected for him, The boys have some 100 but we did not buy the boys the trucks evelY year. 3. His 331781 record albums---these were in a Rubbermaid Qr some brend plastic storage container in the basement storage room. , There was a large bag of green hath towels, hand towels, wash cloths that I had gotten f<1r,K,eith to tnk~j~tJ CoUcge 8itJlmd the time I boui:hl JR's blueJf~els for college. 11illi ~ <lfK-elm's stuffwas stotlld dndcrfbe vanity. in the batlltdtliJiofftk ree room. r am requesting Keith still get these towels so I don't Mve to buyagaUL /,I ., ~3 (") C 7 --0 1~0 Q: t~ ,:;,:... {, -, r i~ ~_: ~~'.l -, ...> ~ ~ c_>1 o r4 C., - ..0 -0 ~ -< ..,.. r.,,:p r _(1,;n ~nC; \~_~~ ,l._} . "r, ., ~-.:. .;:-:; _.~" :-.'1 (,,; () ;-:;--J. ~ r...) .r:- Of'f :+.:+.:+.:+.:+.:+.:+.:+. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~:+''f:+':+''f:+':+':+':+':+':+':+':+'+:+':+' .. :+.:+.:+. :ii :to:+. :+.:to:+.:+.:+.:+'::+:+' :to:+.:+. Of. +:to:+.Of.:++:+:+.:+:+.+.:+.:+.:+.+:tO:+.+.:+.:+.:+.:f.:+:+':+':+':+':+' +:+.+:+.+++~ . . . . . . . IN THE COURT OF COMMON PLEAS STATE OF AND NOW, October26 Ann Marie Wilson VERSUS Craig Allen Wilson OF CUMBERLAND COUNTY PENNA. No. 03-6428 Civil Term DECREE IN DIVORCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+'+:+':+'+:+'+:+':+'+:ii:+':+'+:+':+':+':+':+':+':+':+'+:+'+:+'++:+'+++:+'+++'f:+'+'f+'++++~ 2005 IT IS OROERED AND DECREED THAT Ann Marie Wilson , PLAINTIFF, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE AND Craig Allen Wilson , DEFENDANT, YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT NONF By TH E Cou RT: Edward E. Guido Am,,/; . ~ ~~- PROTHONOTARY Certified Copy Issued: December 2,2005 'f+'f+:'f+:+''f'f'f:'f+'f. Exhibit "B" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. C) s?~. -rj d'~ t:,: SQ ~i. '. ~ ....' c" co> a' <::> C"1 " ~ ..... -J: -n ,.,-- J'lr-- ""L1r:,-\ -I.l\..? ~:.) (") ---'-t", ~.. :') ~,~J . ;..:....(j ~..~rn "J;- ~ '-" "'" ':'! r-..) ~ s IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DEe 2 1 2005 ( J/ ( , ANN MARIE WILSON, Plaintiff NO. 03-6428 Civil Term v. IN DIVORCE CRAIG ALLEN WILSON, Defendant ORDER ). AND NOW, this ~d day of December, 2005, upon consideration ofthe Parties' Joint Petition to Amend Divorce Decree, said Petition is granted and it is hereby ordered that the Divorce Decree issued on October 25, 2005 is amended to contain the language: "The Parties' Property Settlement Agreement is incorporated into but does not merge with the Divorce Decree." CCOUR ~ J. f)'d-7-05 G~ /l-j\~ J7Js "I 1\...., S I :S I,!d ZZ J3D SOul iJ:l\/J.Ci"iUH.iL.Hd 31-11 :10 j8t~ :-i()-CrfH:l