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Home My WebLink About08-1294 Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Maureen E. Elliott MAUREEN E. ELLIOTT, Plaintiff V. GLEN W. ELLIOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. N - ( aa4 Civil Term CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET As FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accibn dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accibn como de describe anterionnente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demands o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIES QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 MAUREEN E. ELLIOTT, Plaintiff V. GLEN W. ELLIOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 6 1- /? 9 9 CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Maureen E. Elliott, an adult individual currently residing at 356 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania. 17055. 2. The Defendant is Glen W. Elliott, an adult individual currently residing at 455 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania. 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 11, 2006, in Cambria County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant separated on or about December 17, 2007. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage of the parties is irretrievably broken. The parties separated on or about December 17, 2007. C. Section 3301(a)(6) - The Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and her life burdensome. 9. Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 10. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. COUNTI EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein by reference. 12. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.sea. of the Divorce Code of 1980. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. COUNT II ALIMONY 13. Paragraphs one through twelve are incorporated herein by reference. 14. Plaintiff lacks sufficient property to provide for her reasonable needs. 15. Plaintiff is unable to sufficiently support herself through appropriate employment. 16. Defendant has sufficient income and assets to provide continuing and indefinite support for the Plaintiff. WHEREFORE, Plaintiff requests this Honorable Court compel the Defendant to pay alimony to the Plaintiff. COUNT III ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 17. Paragraphs one through sixteen are incorporated herein by reference. 18. By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel, and the payment of costs. 19. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 20. The Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 21. The Defendant has adequate earnings to provide support for the Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests this Honorable Court compel the Defendant to pay alimony pendente lite as well as pay the Plaintiff's counsel fees, costs and expenses. Date: 0 Respectfully submitted, THE LAW OFFICES OF SILLIKER & EINOLI °1{ .mow}( ?. Kristi R. Reinhold, Es(' 5922 inglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Maureen E. Elliott AFFIDAVIT I, j/IiLr-tVK l0"[' , hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. Dated: GEC C CtiC??? C;7 L? r , r W O MAUREEN E. ELLIOTT, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1294 CIVIL TERM PACSES No. 922109693 GLEN W. ELLIOTT, CIVIL ACTION -LAW Defendant : IN DIVORCE _REQUEST FOR HEARING DE NOVO AND CONSOLIDATION OF APL CLAIM AND NOW comes the Plaintiff, Maureen E. Elliott, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Kristin R. Reinhold, Esquire, and respectfully requests a Hearing De Novo relative to her claim for Alimony Pendente Lite raised in her Divorce Complaint, and in support thereof, avers the following: 1. Plaintiff is Maureen E. Elliott, an adult individual currently residing at 356 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania. 17055 2. Defendant is Glen W. Elliott, an adult individual currently residing at 455 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania. 17055. 3. The parties hereto were married on February 11, 2006 and separated on December 17, 2007. 4. Plaintiff filed a Petition for Child and Spousal Support on or about December 20, 2007. A Domestic Relations Hearing was held on February 11, 2008 at which time the Defendant challenged Plaintiff s entitlement to spousal support. 5. A Hearing De Novo is currently scheduled on the issue of spousal entitlement on March 26, 2008. 6. Plaintiff filed a Complaint in Divorce on or about February 27, 2008, which included a count for Alimony Pendente Lite. A copy of the Complaint in Divorce and a DRS Attachment for APL Proceedings is attached hereto and incorporated herein. 7. Plaintiff requests that her claim for Alimony Pendente Lite and a hearing thereon be consolidated with the current Hearing De Novo scheduled for March 26, 2008. WHEREFORE, Plaintiff respectfully requests this Honorable Court schedule a hearing on her claim for Alimony Pendente Lite and consolidate it with the current Hearing De Novo scheduled on March 26, 2008. Date: Jo b Respectfully submitted, THE LAW OFFI S OF SILLIKER & RE OLI stin Reinh d, EsgC 5922 Li glestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Maureen E. Elliott 02/2812008 16:21 FAY OEC-20-07 09:60 FROM-Cunbarland County Dowostic Rolations +117172406248 T-994 P•002/014 F-30: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA DOM6SIIC R ATIOM 9Et:1'TON I3 N. I14NOVCR ST, P.O.3= 324. CARLME PA 17013 Phone: (717) 240-6225 Fax: (717) 240.6248 Mauree 1n E. Ell' off, tt, PACSES No. 922109693 Plaintiff NO. 08-1294 Civil Term V. CIVIL ACTION - LAW IN DIVORCE Glen W. Elliott , Defendant DRS ATTACIir+iENT FOR APL PROCEEDINGS PETITIONER'S INFORMA'T'ION: Name: Maureen E. Elliott City: Mechanicsburg State: PA Zip Code: 17055 SSN: _ 195-64-6305 DOB: _ 12/29/69 Tacphone: 691-8147 Physieel Description: Ht. 5 ' 1 " Wt 105 Eyes Blue Hair B r own Race Caucasian Email Address: Employer: None Employer's Address: Phone: Job TWrJPosftWw Gross Pay: Net Pay: Petitioner's Attormy Kristin R. Reinhold, Esquire Petitioner's Attorney's Address: S 97 7 T. i n g 1 P G t. own R o a d Harrisburg, PA 17112 Phone: 671-1500 M*&ajInsmaQceCanjgr. Geisinger Choice PPO Med1W1n&1M=eC8n*WA-ddrM; 100 North Academy Avenue Danville _PA 17822 Phone: ( 800) 504-0443 Policy Number: Group Number: 10 7 7 0 0 2 CC366 02!281/2008 16:21 FAX --woo DEC-16-Ot 04:50 EROU-CunbsHand County Dwafi t l c b l at l ar.s +17172408246 T-904 P 00 AU P-301 RESPONDENT'S INFORMATION: Name: Glen W. Elliott Address: 4 5 5_-S toneheda City: Mechanicsburg State: PA Zip Code: 17055 SSN: 203-64-3023 DOB: 4/27/68 Telephone: 599+-9392 Physical. Description: Int. 5L 5" WL 210 Eyes Blue Ilair'B r own Rme CC a u c a s i a n Eagan Address: Employer: Premier Eye Care Group, Inc. Employer's Address: 92 Tuscarora Street Harrisburg, PA 17104 pbOIIe. Job Tiflaftsition: optomotrist QmssPay: $7, 583(moNetpay: plus bonuses Respondent'sAttomey. James R. Demmel, Esquire Respondent's Ammey's Address: 4431 North Front Street Harrisburg, PA 17110 ho-w: 234-2 Mcdicd Insurance Carrier: Same as Petitioner Medical Insurance Carrier Addms: Phone: Policy Number: Group N1®ber: DUM IAGE INFORMATION: D= Married: 2/11/06 Date of Separation: 12/17/07 PlacevfMa i-W: Cambria Cnunty, Pennsylvania Address of last Marital Domicile: 455 Stonehedcte Lane Mechanicsburg, PA 17055 Description of Document Raising APL Claim; Divorce Complaint Date APL Document Filed": • 2 / 2 7 / 0 8 "Please note: A copy of the filed document MUST be enclosed with dais form."" This information is for DRS use Ln order to build a casc in the PAMS System. e f`1 N C7 c7 ?- i -t n:. Kristin R. Reinhold, Esquire = 5922 Linglestown Road - Harrisburg, PA 17112 (717) 671-1500 - I.D. No. 57911 Attorney for Maureen E. Elliott MAUREEN E. ELLIOTT, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ce - 1d9i Civil Teti GLEN W..ELLIOTT, CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN sued in Court- If you wish to defend against the- claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so,, the case may proceed without you and a Decree in 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 marriage, you may request marriage counseling. A list of marriage counselors is. available in the Office of the Prothonotary, Cumberland County Courthouse,. One Courthouse Square, 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2. Liberty Avenue Carlisle, PA 17013 - Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de lag demandas que se presentan mds adelante en las siguientes pdginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demands y Aviso radicando personalmente o por med o de un abogado una comparecencia. escrita y radicando en la. Corte por escrito sus defensas de, y objeccionnes ay las demandas presentadas aqui en contra suya. Se le advierte de que si usted Ma de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted. y un fallo por cualquier suma. de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mss aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes r para usted.. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.. SI USTED NO TIENEUN ABOGADO, LLAME 0 VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO,.ES POSIBLE. QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 MAUREEN E. ELLIOTT, Plaintiff V. GLEN W. ELLIOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Maureen E. Elliott, an adult individual currently residing at 356 Stonehedge Lane, Mechanicsburg; Cumberland County, Pennsylvania. 1:7055.. Z_ The Defendant. is Glen W.. Elliott,. an adult individual currently residing at 455 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania.. 17055. 3. Plaintiff and Defendant have- been bona fide residents in the Commonwealth of Pennsylvania, for a period in. excess of six(6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 11, 2006, in Cambria County, Pennsylvania. .5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant separated on or about December 17, 2007. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage of the parties is irretrievably broken. The parties separated on or about December 17, 2007. C. Section 3301(a)(6) - The Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and her life burdensome. 9_ Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 10. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff'respectfully requests this Honorable Court-enter a. final decree in divorce. COUNT I EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein by reference. 12. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.se . of the Divorce Code of 1980. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. I COUNT II ALIMONY 13-_ Paragraphs one through twelve are incorporated herein by reference. 14. Plaintiff lacks sufficient property to provide for her reasonable needs. 15. Plaintiff is unable to sufficiently support herself through appropriate employment. 16. Defendant has sufficient income and assets to provide continuing and indefinite support for they Plaintiff. WHEREFORE, Plaintiff requests- this Honorable Court compel the Defendant to, pay alimony to the Plaintiff. COUNT III ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 17. Paragraphs one through sixteen are incorporated herein by reference. 18. By reason of the institution of the action to the above term and . number, Plaintiff will be and has been put to considerable expense in the preparation of her-case, in the employment of counsel, and the payment of costs. 19. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action.. 20. The Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 21. The Defendant has adequate earnings to provide support for the Plaintiff and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests this Honorable Court compel the Defendant to pay alimony pendente lite as well as pay the Plaintiff's counsel fees, costs and expenses. Date: Respectfully submitted, THE LAW OFFICES OF Sa LIKER & OLD gist' R. Remold, Esquire 5922 glestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Maureen E. Elliott AFFIDAVIT hereby cerrify that the aforegoing is true and. correct to the best of my knowledge, information and belief. I understand that false statements herein are trade subject to the penalties of 18 Pa. C. S . 4909 relating to unswom falsifications to authorities. Dated: I q la? /"') ?'"y ?,, "'l'? t- .?? .? r° ?'> .°?? -?. ??, `??? ? ,.- (? ?? ,?... l ? -11' In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MAUREEN E. ELLIOTT ) Docket Number 08-1294 CIVIL Plaintiff ) vs. ) PACSES Case Number 849109853 GLEN W. ELLIOTT ) Defendant ) Other State ID Number ORDER OF COURT You, GLEN W. ELLIOTT plaintiff/defendant of 455 STONEHEDGE LN, MECHANICSBURG, PA. 17055-7010-55 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 26, 2008 at 10 : 3 oAM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 s -._ ELLIOTT PACSES Case Number: 849109853 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall 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: ? - S ` y v CA JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, 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. v• ELLIOTT 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 CUMBERL comply with the Americans with Disabilities Act of 1 facilities and reasonable accommodations available t( before the court, please contact our office at: (717) made at least 72 hours prior to any hearing or business scheduled hearing. Service Type M Page 2 of 2 AND County is required by law to 990. For information about accessible disabled individuals having business 240-6225 - All arrangements must be before the court. You must attend the Form CM-509 Rev. 1 Worker ID 21302 G a t i ? -? un I r .? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MAUREEN E. ELLIOTT ) Docket Number 08-1294 CIVIL Plaintiff ) VS. ) PACSES Case Number 849109853 GLEN W. ELLIOTT ) Defendant ) Other State ID Number ORDER OF COURT You, MAUREEN E. ELLIOTT plaintiff/defendant of CIO ISABEL YANCHEK, 356 STONEHEDGE LN, MECHANICSBURG, PA. 17055-7011-56 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 26, 2008 at 10:3 0AM for a hearing. You are further required to bring to the hearing: 1. a true copy of your most recent Federal Income Tax Return, including W-2s, as filed, 2. your pay stubs for the preceding six (6) months, 3. the Income Statement and the appropriate Expense Statement, if required, attached to this order, completed as required by Rule 1910.11 (c). 4. verification of child care expenses, and 5. proof of medical coverage which you may have, or may have available to you 6. information relating to professional licenses 7. other: Service Type M Form CM-509 Rev. 1 Worker ID 21302 r 1. ELLIOTT v. ELLIOTT PACSES Case Number: 849109853 If you fail to appear for the conference/hearing or to bring the required documents, the court may issue a warrant for your arrest and/or enter an interim support order. If paternity is an issue, the court shall 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: JUDGE YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE-HEARING AND REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, 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 Rev. 1 Service Type M Worker ID 21302 C= a ca -v P:T ca C) W MAUREEN E. ELLIOTT, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1294 CIVIL TERM GLEN W. ELLIOTT, : CIVIL ACTION -LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, James R. Demmel, Esquire, attorney for Glen W. Elliott, Defendant, hereby certify that I accept service on hiis)behalf of a Complaint in Divorce in the above- captioned matter on or about _?j,?'t-?1 '1 , 2008, by first-class mail, postage prepaid. I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: ?U ° -ry z ?, ccy ? ,,,,? ? ;? '.- _.. ? ?; s ?4.i.? T ?Y . ? y ? ? ??? , -"? +"L MAUREEN E. ELLIOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GLEN W. ELLIOTT, PACSES NO. 922109693 Defendant DOCKET NO. 1041 SUPPORT 2007 MAUREEN E. ELLIOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GLEN W. ELLIOTT, : PACSES NO. 849109853 Defendant/Respondent: DOCKET NO. 08-1294 CIVIL INTERIM ORDER OF COURT AND NOW, this 28th day of March, 2008, upon consideration of the Support Master's Report and Recommendation, a copy of which is attached hereto as Exhibit "A", it is ordered and decreed as follows: A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the sum of $1,863.00 per month allocated as follows: $928.00 per month for the support of his child, Graciahna L. Elliott, born August 29, 2006, and $935.00 per month as spousal support. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $137.00 per month on arrearages. C. The Defendant shall provide health insurance coverage for the benefit of his wife and said child as is available through employment or other group coverage at a reasonable cost. D. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31St of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses of the child are to be paid as follows: 100% by Defendant. The Plaintiff shall be responsible for payment of unreimbursed medical expenses incurred for herself. E. The Defendant shall be entitled to claim said child as a dependency exemption for federal income tax purposes commencing with tax year 2007, and the Plaintiff shall execute and deliver in a timely fashion any and all documentation required by the Internal Revenue Code to effectuate said exemption. F. The Plaintiff's claim for alimony pendente lite is dismissed. G. The effective date of this order is December 20, 2007. IMPORTANT LEGAL NOTICE PARTIES MUST WITHIN SEVEN DAYS INFORM THE DOMESTIC RELATIONS SECTION AND THE OTHER PARTIES, IN WRITING, OF ANY MATERIAL CHANGE IN CIRCUMSTANCES RELEVANT TO THE LEVEL OF SUPPORT OR THE ADMINISTRATION OF THE SUPPORT ORDER, INCLUDING, BUT NOT LIMITED TO, LOSS OR CHANGE OF INCOME OR EMPLOYMENT AND CHANGE OF PERSONAL ADDRESS OR CHANGE OF ADDRESS OF ANY CHILD RECEIVING SUPPORT. A PARTY WHO WILLFULLY FAILS TO REPORT A MATERIAL CHANGE IN CIRCUMSTANCES MAY BE ADJUDGED IN CONTEMPT OF COURT, AND MAY BE FINED OR IMPRISONED. PENNSYLVANIA LAW PROVIDES THAT ALL SUPPORT ORDERS SHALL BE REVIEWED AT LEAST ONCE EVERY THREE (3) YEARS IF SUCH REVIEW IS REQUESTED BY ONE OF THE PARTIES. IF YOU WISH TO REQUEST A REVIEW AND ADJUSTMENT OF YOUR ORDER, YOU MUST DO THE FOLLOWING: CALL YOUR ATTORNEY. AN UNREPRESENTED PERSON WHO WANTS TO MODIFY (ADJUST) A SUPPORT ORDER SHOULD CONTACT THE DOMESTIC RELATIONS SECTION. ALL CHARGING ORDERS FOR SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE, INCLUDING UNALLOCATED ORDERS FOR CHILD AND SPOUSAL SUPPORT OR CHILD SUPPORT AND ALIMONY PENDENTE LITE, SHALL TERMINATE UPON DEATH OF THE PAYEE. A MANDATORY INCOME ATTACHMENT WILL ISSUE UNLESS THE DEFENDANT IS NOT IN ARREARS IN PAYMENT IN AN AMOUNT EQUAL TO OR GREATER THAN ONE MONTH'S SUPPORT OBLIGATION AND (1) THE COURT FINDS THAT THERE IS GOOD CAUSE NOT TO REQUIRE IMMEDIATE INCOME WITHHOLDING; OR (2) A WRITTEN AGREEMENT IS REACHED BETWEEN THE PARTIES WHICH PROVIDES FOR AN ALTERNATE ARRANGEMENT. UNPAID ARREARAGE BALANCES MAY BE REPORTED TO CREDIT AGENCIES. ON AND AFTER THE DATE IT IS DUE, EACH UNPAID SUPPORT PAYMENT SHALL CONSTITUTE, BY OPERATION OF LAW, A JUDGMENT AGAINST YOU, AS WELL AS A LIEN AGAINST REAL PROPERTY. IT IS FURTHER ORDERED THAT, UPON PAYOR'S FAILURE TO COMPLY WITH THIS ORDER, PAYOR MAY BE ARRESTED AND BROUGHT BEFORE THE COURT FOR A CONTEMPT HEARING; PAYOR'S WAGES, SALARY, COMMISSIONS, AND/OR INCOME MAY BE ATTACHED IN ACCORDANCE WITH LAW. PAYOR IS RESPONSIBLE FOR COURT COSTS AND FEES. The parties are hereby advised that they may file written exceptions to the Support Master's Report and Recommendation within twenty (20) days of this order. Exceptions shall conform with the requirements of Rule 1910.12(f), Pa. R.C.P. If written exceptions are filed by any party, the other party may file exceptions within twenty (20) days of the date of service of the original exceptions. If no exceptions are filed within twenty (20) days of this interim order, this order shall then constitute a final order. y the o Edgar B. Bayley, J. Cc: Maureen E. Elliott Glen W. Elliott Kristen R. Reinhold, Esquire For the Plaintiff James R. Demmel, Esquire For the Defendant DRO MAUREEN E. ELLIOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION GLEN W. ELLIOTT, PACSES NO. 922109693 Defendant DOCKET NO. 1041 SUPPORT 2007 MAUREEN E. ELLIOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GLEN W. ELLIOTT, : PACSES NO. 849109853 Defendant/Respondent: DOCKET NO. 08-1294 CIVIL SUPPORT MASTER'S REPORT AND RECOMMENDATION Following a hearing held before the undersigned Support Master on March 26, 2008, the following report and recommendation are made: FINDINGS OF FACT 1. The Plaintiff is Maureen E. Elliott, who resides at 356 Stonehedge Lane, Mechanicsburg, Pennsylvania. 2. The Defendant is Glenn W. Elliott, who resides at 455 Stonehedge Lane, Mechanicsburg, Pennsylvania. 3. The parties were married on February 11, 2006. 4. The parties are the parents of Graciahna L. Elliott, a minor child born August 29, 2006. 5. The parties separated on December 17, 2007 when the Plaintiff left the marital residence. 6. On December 20, 2007 the Plaintiff filed a complaint for spousal and child support. 7. On February 27, 2008 the Plaintiff filed a complaint for divorce which contained a claim for alimony pendente lite. EXHIBIT "A" 8. On March 4, 2008 the Plaintiff filed a request for hearing on her claim for alimony pendente lite. 9. The parties' marital relationship had been deteriorating over the latter half of 2007. 10. Both parties on occasion called the other obscene names, and the parties were no longer sharing the marital bedroom. 11. On Friday, December 14, 2007 the parties were engaged in a verbal altercation during which the Defendant called his wife a "fu bitch" and told her to "get the fu_ out." 12. During the course of the altercation the Defendant said to the Plaintiff, "Do you want me to hit you? Is that what you what?" 13. Perceiving this to be a threat of violence, the Plaintiff took the child and left the residence for the night. 14. After the Plaintiff departed the Defendant also left the residence and went to his parents' home in Johnstown, Pennsylvania for the weekend. 15. The Plaintiff returned to the home on Saturday, December 15, 2007. 16. The Defendant did not return to the home until Monday, December 17, 2007. 17. Before any confrontation with the Plaintiff on December 17, the Defendant immediately left the home with a friend and went to the Gingerbread Man Tavern. 18. When the Defendant returned to the home a few hours later, the Plaintiff immediately called the police. 19. The police came to the home and determined that no physical altercation had taken place. 20. At the suggestion of the police the Plaintiff left the home and went to her mother's home which was in close proximity to the marital residence. 21. The Plaintiff returned to the home several times during the following week to retrieve items of personal property but has not stayed overnight since December 16, 2007. 22. The Plaintiff is not gainfully employed outside the home and is not seeking employment. 23. The Plaintiff was last employed in January, 2007 as an administrative assistant at Messiah College where she earned $12.78 per hour. 2 24. The Plaintiff's mother provided childcare for Graciahna when the Plaintiff worked at Messiah. 25. In January, 2007 the Plaintiff's mother could no longer provide childcare for Graciahna for medical reasons. 26. Because her mother could no longer be the childcare provider, the Plaintiff quit her job at Messiah. 27. The Defendant did not object to the Plaintiff's becoming a stay-at-home mother at the time. 28. The Plaintiff has an eight year old daughter to a prior marriage in her custody. 29. The Defendant is an optometrist. 30. The Defendant has a gross monthly salary of $7,500.00 and gross monthly "flex earnings" of $427.66. 31. The Defendant provides health insurance coverage for himself, his wife, Graciahna, and the Defendant's two and a half year old daughter at a cost of $770.06 per month. 32. The Defendant pays $800.00 per month for the support of his two and half year old daughter. 33. The Defendant's custodial arrangements for his two and a half year old daughter was a source of significant discord between the parties. DISCUSSION Both parents have an obligation to support their child in accordance with their relative incomes and ability to pay. Deny v. Holland, 636 A.2d 204 (Pa. Super. 1994). In determining a parent's ability to support his or her child, the focus is on earning capacity, not on actual earnings. Mooney v. Doutt, 766 A.2d 1271 (Pa. Super. 2001). However, a parent who remains at home to care for a young child can be excused from working to his or her full earning capacity particularly where the parties have specifically agreed to this arrangement prior to the separation. Kraisinger v. Kraisinger, 928 A.2d 333 (Pa. Super. 2007). Such is the case here. In January, 2007 the parties agreed that the Plaintiff would remain at home to care for their daughter rather than placing the child in daycare while the Plaintiff worked. Consequently no earning capacity will be imputed to the Plaintiff in determining the Defendant's support obligation in this case. The Defendant has gross monthly earnings, including his "flex earnings" of $7,928.00. Filing his federal income tax return as married/separate with Graciahna claimed as a dependency exemption, and deducting his health insurance premium from his gross income,' the Defendant has net monthly income for support purposes of $4,844.00.2 With combined monthly income of $4,844.00, the basic requirement for the support of one child is $928.00 pe4r month 3 With no adjustments this becomes the Defendant's child support obligation. A dependent spouse is entitled to spousal support until it is proven that conduct on the part of the dependent spouse constitutes grounds for a fault divorce. Crawford v. Crawford, 633 A.2d 155 (Pa. Super. 1993). However, a dependent spouse following a nonconsensual voluntary vacating of the marital residence has the burden of proving that his or her spouse's conduct justified leaving the home. McKolanis v. McKolanis, 644 A.2d 1256 (Pa. Super. 1994). To constitute adequate legal cause for leaving the home, the offending spouse's conduct need not rise to the level of grounds for a fault divorce. Rock v. Rock, 560 A.2d 199 (Pa. Super. 1989), but must be more than a mere allegation that the offending spouse has made the claimant's life unbearable without providing supporting facts. Martin v. Martin, 423 A.2d 6 (Pa. Super. 1980). The facts of each case must be analyzed on a case-by-case basis. Clendenning v. Clendenning, 572 A.2d 18 (Pa. Super. 1990). The testimony of both parties revealed a marital relationship that was being torn apart from both sides. Both parties were guilty of calling the other obscene names. The Defendant had a young daughter to a prior relationship who resided with the mother. The Plaintiff perceived both the mother and the child as being in competition with her for the Defendant's love and affection. Her somewhat irrational conduct related to the Defendant's visitation with his daughter ignited the fuse of the Defendant's temper. However, the conduct exhibited by the Defendant on December 14, 2007, while perhaps brought on by the Plaintiff's verbal accusations, was inexcusable and clearly justified the Plaintiff's leaving the home on that date. Consequently the Plaintiff has met her burden of establishing adequate legal cause for leaving the home and her entitlement to spousal support. The Defendant contends that he has established a defense to the Plaintiff's entitlement to support because her conduct constituted indignities. In Crawford v. Crawford, 633 A.2d 155, 159 (Pa. Super. 1993) the court stated: For indignities to lie, the proponent must not only prove a course of conduct by the other side which made the proponent's life intolerable and his condition burdensome, but also that the proponent was an innocent and injured spouse. Beaver v. Beaver, 313 Pa. Super. 512, 460 A.2d 305 (1983); Regan v. Regan, 227 Pa. Super. 552, 322 A.2d 711 (1974). What we have sub 'u? dice are, at the very most, escalating incidents resulting from the disintegration of a relationship, and in which the parties mutually participated. The situation is similar here. Both parties engaged in obscene name calling and verbal jousting which ultimately escalated to what could reasonably be perceived as a threat by the 1 See Pa. R.C.P. 1910.16-6 (b)(4). z See Exhibit "A" for the tax deductions from gross income. s Pa. R.C.P. 1910.16-3. 4 See Exhibit "B" for the guideline calculation. 4 Defendant of physical violence. While not totally responsible for the deterioration of the marital relationship, the Defendant cannot be said to be the innocent and injured spouse. Thus he has failed to establish grounds for a fault divorce and has not nullified his obligation to pay spousal support. With a net monthly income of $4,844.00 for the Defendant, and child support obligations of $928.00 and $800.00 per month, and with no earning capacity imputed to the Plaintiff, the Defendant's spousal support obligation is $935.00 per month. Because an order of spousal support is being recommended, a recommendation will also be made that the Plaintiff's claim for alimony pendente lite be dismissed.6 RECOMMENDATION A. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the sum of $1,863.00 per month allocated as follows: $928.00 per month for the support of his child, Graciahna L. Elliott, born August 29, 2006, and $935.00 per month as spousal support. B. The Defendant shall pay to the Pennsylvania State Collection and Disbursement Unit the additional sum of $137.00 per month on arrearages. C. The Defendant shall provide health insurance coverage for the benefit of his wife and said child as is available through employment or other group coverage at a reasonable cost. D. The monthly support obligation includes cash medical support in the amount of $250.00 annually for unreimbursed medical expenses incurred for said child. Unreimbursed medical expenses of the child that exceed $250.00 annually shall be allocated between the parties. The party seeking allocation of unreimbursed medical expenses must provide documentation of expenses to the other party no later than March 31" of the year following the calendar year in which the final medical bill to be allocated was received. The unreimbursed medical expenses of the child are to be paid as follows: 100% by Defendant. The Plaintiff shall be responsible for payment of unreimbursed medical expenses incurred for herself. E. The Defendant shall be entitled to claim said child as a dependency exemption for federal income tax purposes commencing with tax year 2007, and the Plaintiff shall execute and deliver in a timely fashion any and all documentation required by the Internal Revenue Code to effectuate said exemption. F. The Plaintiff's claim for alimony pendente lite is dismissed. 5 See Exhibit "C" for the calculation. 6 Orders for spousal support and alimony pendente lite shall not be in effect simultaneously. Pa. R.C.P. 1910.16-1(c). G. The effective date of this order is December 20, 2007. Nka.? 2-8 Z g Date Michael R. Rundle Support Master In the Court of Common Pleas of Cumberland County, Pennsylvania Tax Detail Report Plaintiff Name: Maureen E. Elliott Defendant Name: Glen W. Elliott Docket Number: 1041 S 2007 PACSES Case Number: 922109693 Other State ID Number: Tax Year: Current: 2008 Defendant Plaintiff 1. Tax Method 1040 ES 1040 ES 2. Fling Status Married Filing Separately Single 3. Who Claims the Exemptions Obl igor 4. Number of Exemptions 2 1 5. Monthly Taxable Income $7,927.66 - 6. Deductions Method 7. Deduction Amount $454.17 $454.17 8. Exemption Amount $583.34 $291.67 9. Income MINUS Deductions and Exemptions $6,890.15 -$745.84 10. Tax on Income $1,460.25 - 11. Child Tax Credit $83.33 - 12. Manual Adjustments to Taxes 13. Federal Income Taxes $1,376.92 - 13 a. Earned Income Credit - _ 14. State Income Taxes $250.51 - 15. FICA Payments $606.46 - 16. City Where Taxes Apply 17. Local Income Taxes $79.28 _ TOTAL Taxes $2,313.17 - SupportCalc 2007 EXHIBIT "A" In the Court of Common Pleas of Cumberland County, Pennsylvania Support Guideline Worksheet Bute 1$1U:i6-1 ei se;1. Defendant Name: Glen W. Elliott Docket Number: 1041 S 2007 PACSES Case Number: 922109693 Plaintiff Name: Maureen E. Elliott Other Case ID Number: _ Defend ant Plaintiff 1. Number of Dependents in this Case _ _ 1 2. Total Gross Monthly Income $7,927.66 - 3. Less Monthly Deductions $3,083.23 - 4. Monthly Net Income Line 2 minus Line 3 $4,844.43 - 5. Combined Total Monthly Net Income Amounts on Line 4 Combined $4,844.43 6. Plus Child's Monthly Soc. Sec. Retirement or Disability Derivative Benefit. - 7. Adjusted Combined Total Monthly Net Income _ 8. PRELIMINARY Child Support Obligation based on Adjusted 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 Support Schedule Table Rev. 112006 $928.00 11. Net Income as a Percents a of Combined Amount 100.00 - 12. Each Parent's Monthly Share of the Child Support Obligation $928.00 - 13. Adjustment for Shared Custody Rule 1910.16-4 c # of Overnights: - 14. Adjustment for Child Care Expenses Rule 1910.16-6 a - 15. Adjustment for Health Insurance Premiums Rule 1910.16-6 b - 16. Adjustment for Unreimbursed Medical Expenses Rule 1910.16-6 c - 17. Adjustment for Additional Expenses Rule 1910.16-6 d - 18. Total Obli ation with Adjustments Line 8 minus Line 9, plus Lines 10, $928.00 19. Less Split Custody Counterclaim Rule 1910.16-4 d - 20. Obligor's Support Obligation Line 14 minus Line 15 $928.00 Prepared by: mrr Date- 3/27/200A Summary Report S1. PACSES Multiple Family Adjustment _ S2. Spousal Support Award $934.93 S3. Adjustment for Excess Mortgage Payments (If Applicable) - S4. Custodial Parent Spousal Support Obligation (if Applicable) S5. Adjusted Support Obligation Line 16 (or S1, if applicable) plus Line S2 and S3 minus S4 (if applicable) Monthly: $1,862.93 Weekly: $428.75 TAX INFORMATION Tax Method Filing Status Exemptions S6. Defendant 1040 ES Married Filing Separately 2 S7. Plaintiff 1040 ES Single 1 S8. Total Support Amount if Deviating from Guidelines Calculation Monthly: Weekly: S9. Justification for Deviating from Guidelines Calculation and/or Other Case Comments: SupportCalc 2008 EXHIBIT "B" In the Court of Common Pleas of Cumberland County, Pennsylvania Spousal Support Calculation Rule 1910.16 (PACSES FORMAT) Plaintiff Name: Maureen E. Elliott Defendant Name: Glen W. Elliott Docket Number: 1041 S 2007 PACSES Case Number: 922109693 Other State ID Number: 1. Obligor's Monthly Net Income $4,844.43 2. Less All Other Support $800.00 3. Less Obligee's Monthly Net Income _ 4. Difference $4,044.43 5. Less Child Support Obligation for Current Case $928.00 6. Difference $3,116.43 7. Multiply b 30% or 40% 30.00% 8. Income Available for Spousal Support $934.93 9. Adjustment for Other Expenses - 10. AMOUNT OF MONTHLY SPOUSAL SUPPORT OR APL $934.93 Prepared b : mrr Date: 3/28/2008 SupportCak 2008 EXHIBIT "C" f p- 7 ? .? -. T'{ ^a-'? r'i f e, ? ,l ril ? I v 1 Cad '"?T - -..' -' ' "" ' ± f vk ?? - ....ti MAUREEN E. ELLIOTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATIONS SECTION GLEN W. ELLIOTT, PACSES NO. 922109693 Defendant DOCKET NO. 1041 SUPPORT 2007 MAUREEN E. ELLIOTT, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. : DOMESTIC RELATIONS SECTION GLEN W. ELLIOTT, : PACSES NO. 849109853 Defendant/Respondent: DOCKET NO. 08-1294 CIVIL INDEX OF EXHIBITS Plaintiff's Exhibit No. I - 2007 W-2 Plaintiff s Exhibit No. 2 - Childcare estimates Plaintiff's Exhibit No. 3 - Income and expense statement Defendant's Exhibit No. I - Earning statement Defendant's Exhibit No. 2 - 2007 W-2 Defendant's Exhibit No. 3 - Expense statement ;.-- r" yS. a 'mot /JRD/smd/July 7, 2008 2:36 PM MAUREEN E. ELLIOTT, PLAINTIFF V. GLEN W. ELLIOTT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1294 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant, Glen W. Elliott, by and through his attorneys, SMIGEL, ANDERSON & SACKS, LLP, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The non-moving party has appeared in the action her attorney, Kristin R. Reinhold, Esquire. 3. The statutory ground(s) for divorce (is) (are) 3301(c), 3301(d), and 3301(a)(6). 4. Check the appropriate paragraph(s) by check mark: ( ) The action is not contested ( ) An agreement has been reached with respect to the following claims: None. (X) The action is contested with respect to the following claims: Distribution of property, alimony, alimony pendente lite, counsel fees, costs and expenses. 5. The action does not involve complex issues of law or fact. 9663-1.4 .01 6. The hearing is expected to take one-half (1/2) day. 7. Additional information, if any, relevant to the motion: none. Date: Ie7 By: SMIGEL, ANDERSON & SACKS, LLP nn V. evin, Esquire I.D.#: 70259 Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant /JRD/smd/July 7, 2008 1:41 PM MAUREEN E. ELLIOTT, PLAINTIFF V. GLEN W. ELLIOTT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1294 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Motion for Appointment of Master on counsel for Plaintiff by placing same in the U.S. Mail, first class, postage paid on the -7-day of July, 2008, addressed as follows: KRISTIN R. REINHOLD, ESQUIRE 5922 LINGLESTOWN ROAD HARRISBURG, PA 17112 SMIGEL, ANDERSON & SACKS, LLP By: a, (? V. L vin, Esquire I.D.#: 70259 J es . Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant 7 MAUREEN E. ELLIOTT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1294 CIVIL TERM GLEN W. ELLIOTT, CIVIL ACTION - LAW DEFENDANT IN DIVORCE INCOME AND EXPENSE STATEMENT OF DEFENDANT GLEN W. ELLIOTT INCOME STATEMENT OF DR. GLEN W. ELLIOTT Employer: Premier Eye Care Group, Inc. Type of Work: Ophthalmologist Pay Period: Bi-weekly Gross Pay per Pay Period $3,963.83 Itemized Payroll Deductions $2,581.04 Federal Withholding $650.39 OASDI $213.49 Medicare $49.93 PA (SM/1) $107.63 PA-EE SUI $2.38 Harrisburg $59.60 Harrisburg City LST $2.17 Med Ins - PreTax $385.03 Daycare PreTax $62.50 Non-Ins PreTax $72.92 Child Support $975.00 Net Pay per Pay Period $1,382.79 EXPENSE STATEMENT Ol' GLEN ELLIOTT Item Monthly (or) Yearly - - HOME -- -- -- Mortgage -__- $ 1,402 $ 16,818 Maintenance $ 99 $ 1,188 Electricity $ ----_--140- $ -- - 1,680 Telephone-- el -- --- - ---- - 25 +$ - -- - 3 00 Water i $ 40 i $ 480 - - - - - - - - - Sewer $ 30 $ 360 Trash Removal ---- - _ - - $ - - - 15 $ 180 EMPLOYMENT - Lunches $ 100 $ 1,200 INSURANCE I Automobile Insurance $ 63 j $ 755 Liability (Optometric) $ 43 $ 511 AUTOMOBILE + -1 Automobile Payments-_ - ------------- - - $ $ 644 7,728 Automobile Fuel $ 250 $ 3,000 Automobile Repairs -$ -" 17 $ 200 MEDICAL Docto $ 2 r $ 4 500 Dentist $ 33 $ 400 Hospital-- $ 25 $ 300 Medicine - t $ 100 ! $ 1,200 - -------- ------- --- Cardiovascular supplements ---- $ - 8 $ 100 EDUCATION j Student Loans I $ 1,600 $ 19,200 PERSONAL Clothing $ 42 j $ 500 Laundry/Dry Cleaning $ 30 $ 360 - Food Is 400 $ 4,800 4 46 Barber/Hairdresser $ 40 $ 480 Business Loan -- $ 436 $ 5,228 i Household Supplies - $ 75 $ 900 POA Dues $ 114 $ 1,363 PA & DEA License $ 44 $ 525 MISCELLANEOUS Child Care $ 125 $ 1,500 Papers/Books/Magazines $ 4 $ 50 Entertainment $ 25 $ 300 Pay TV/Cable 54 $ - 643 Vacations $ 83 $ 1,000 Gifts $ 25 $ 300 Legal Fees $ 833 j $ 10,000 Other Child Support $ 758 $ 9,096 Continuing Education $ - 167 $ 2,000 Total Expenses $ 7,929 $ 95,145 VERIFICATION I, Glen William Elliott, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Gle illiam Elliott MAUREEN E. ELLIOTT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1294 CIVIL TERM GLEN W. ELLIOTT, CIVIL ACTION - LAW DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Income and Expense Statement on counsel for Plaintiff by placing same in the U.S. Mail, first class, postage paid on the day of July, 2008, addressed as follows: KRISTIN R. REINHOLD, ESQUIRE 5922 LINGLESTOWN ROAD HARRISBURG, PA 17112 SMIGEL, ANDERSON & SACKS, LLP By: A?fi V. vin, Esquire I.D.#: 70259 J es . Demme], Esquire I.D.#: 90918 44 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant CY ;?.. Y t?- - . ?. --_- { .. X?- ? r?s -s ?? -! .. _.. ? q ) ... _.. ?^i . s? ??' C. _y ? C? ,.,? 4? ?». s? ? MAUREEN E. ELLIOTT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1294 CIVIL TERM GLEN W. ELLIOTT, CIVIL ACTION - LAW DEFENDANT IN DIVORCE INVENTORY OF DEFENDANT GLEN W. ELLIOTT A ASSETS OF PARTIES Defendant Glen W. Elliott marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit () 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes O 8. Trusts () 9. Life Insurance policies (indicate face value and current beneficiaries () 10. Annuities () 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company.) () 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute () 26. Other STATEMENT REGARDING MARITAL PROPERTY Defendant Glen W. Elliott asserts that there is no marital property to be divided between the parties. 7/7/200810:56 AM NONMARITAL PROPERTY I No. Asset Owners Reason Excluded l 455 Stonehedge Lane, Mechanicsburg Husband ipre-marital property 2 2005 Ford F-150 Husband !pre-marital property - - 3 i 2002 Toyota Highlander Wife i pre-marital property - - - 1- 4 Household goods & furnishings Husband pre-marital property LIABILITIES OF PARTIES Defendant Glen W. Elliott marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED () 1. Mortgages () 2. Judgments {) 3. Liens () 4. Other secured liabilities UNSECURED O 5. Credit card balances () 6. Purchases () 7. Loan payments () 8. Notes payable O 9. Other unsecured liabilities CONTINGENT OR DEFERRED (} 10. Contracts or Agreements () 11. Promissory notes () 12. Lawsuits (} 13. Options () 14. Taxes () 15. Other contingent or deferred liabilities VERIFICATION I, Glen William Elliott, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: Ann William E liott MAUREEN E. ELLIOTT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1294 CIVIL TERM GLEN W. ELLIOTT, CIVIL ACTION - LAW DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Inventory on counsel for Plaintiff by depositing same in the U.S. Mail, first class, postage paid on the day of July, 2008, addressed as follows: KRISTIN R. REINHOLD, ESQUIRE 5922 LINGLESTOWN ROAD HARRISBURG, PA 17112 SMIGEL, ANDERSON &,S,4CKS, LLP By: A V. L vin, Esquire I.D.#: 70259 Ja es Y. Demmel, Esquire I.D.#: 90918 443 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant m t© . , rn (JUL I X 2008 /JRD/smt//July 7, 2008 2:36 PM w 4 MAUREEN E. ELLIOTT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1294 CIVIL, TERM GLEN W. ELLIOTT, CIVIL ACTION - LAW DEFENDANT IN DIVORCE ORDER AND NOW, , 2008,E Esquire, is appointed master with respect to the following claims: divorce, distribution of property, alimony, alimony pendente lite, counsel fees, costs and expenses. BY E COU J. MOVING PARTY Glen W. Elliott, Defendant James R. Demmel, Esquire 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 jdemmel@sasllp.com t„ OF t es m4a, 1'WL 'Ilgle)6 NON-MOVING PARTY '<Iaureen E. Elliott, Plaintiff Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 cr Q CT 7. ..! .... J J_l CJ ?- 0 N MAUREEN E. ELLIOTT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1294 CIVIL TERM GLEN W. ELLIOTT, CIVIL ACTION - LAW DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Defendant's Answers to Plaintiffs Request for Production of Documents on counsel for Plaintiff by depositing same in the U.S. Mail, first class, postage paid on the day of September, 2008, addressed as follows: KRISTIN R. REINHOLD, ESQUIRE 5922 LINGLESTOWN ROAD HARRISBURG, PA 17112 SMIGEL, ANDERSON & SACKS, LLP By: A V. L in, Esquire I.D.#: 70259 J . Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant m ?? ??? ? ?. ?? ?=-?? „? "'O ?? i ?? w MAUREEN E. ELLIOTT, PLAINTIFF V. GLEN W. ELLIOTT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1294 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Defendant's Answers to First Set of Interrogatories from Plaintiff to Defendant on counsel for Plaintiff by depositing same in the U.S. Mail, first class, postage paid on the A day of September, 2008, addressed as follows: KRISTIN R. REINHOLD, ESQUIRE 5922 LINGLESTOWN ROAD HARRISBURG, PA 17112 SMIGEL, ANDERSON & SACKS, LLP By: nn V. vin, Esquire I.D.#: 70259 J e . Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant 2 Q r•? t'?'1 tip C- N e• J CJ'1 N =C MAUREEN E. ELLIOTT, PLAINTIFF v. GLEN W. ELLIOTT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1294 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AMENDED INVENTORY OF DEFENDANT GLEN W. ELLIOTT ASSETS OF PARTIES Defendant Glen W. Elliott marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles O 3. Stocks, bonds, securities and options (} 4. Certificates of deposit O 5. Checking accounts, cash O 6. Savings accounts, money market and savings certificates O 7. Contents of safe deposit boxes () 8. Trusts O 9. Life Insurance policies (indicate face value and current beneficiaries O 10. Annuities O 11. Gifts O 12. Inheritances O 13. Patents, copyrights, inventions, royalties O 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company.) O 16. Employment termination benefits - severance pay, workman's compensation claim/award O 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts O 20. Disability payments O 21. Litigation claims (matured and unmatured) O 22. MilitaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute O 26. Other O y (D cn ('? CD ? ? bd O O C9 ? N `G ? r ? d 7 N Fes,, O r-i C n < N (D C CD . ? c G' CC G O 3 a o. N N J J N N rp O. O O J J (A 4?A to G? C w W fD O O O O H9 6q w w .?-r O ' p `< O O 4 r `TJ O b 7d *110 N N N N O O 00 r O to a O A? Q. `CS `L3 CD i CD N cnp N CD x _ vOi CD a 0 ? f!Q 0 O O a- CD o a4 ' N N O O J J UQ CD C N r- k.A v, a a o CD CD ('D o CD CD cv 0 .P CD a cr4 c? 0 cr4 r71 cn N a• t_n O O 0 0 O O d c (D C M 0 0 O z r b O b N N N O O O 01 a O .t LIABILITIES OF PARTIES Defendant Glen W. Elliott marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED (X) 1. Mortgages () 2. Judgments O 3. Liens (X) 4. Other secured liabilities UNSECURED O 5. Credit card balances O 6. Purchases () 7. Loan payments (X) 8. Notes payable (X) 9. Other unsecured liabilities CONTINGENT OR DEFERRED O 10. Contracts or Agreements O 11. Promissory notes () 12. Lawsuits () 13. Options O 14. Taxes () 15. Other contingent or deferred liabilities 0 N ? r• Q a ~ V2 ~ QQ ?Q CD yy l I H cr y CL C:L 0. f9 00 ?- o0 0o N CD P 00 N t j ' t j N N p p, O O O cc 00 Oo 0o 00 kA EA fr9 b9 b9 kA r-• N ? W cJ, O r- N .? N 0o N N 00 00 N N iv N N O O O in C3' STATEMENT REGARDING MARITAL PROPERTY Defendant Glen W. Elliott asserts the only marital assets to distribute are the increased value of Plaintiffs pre-marital retirement accounts. Defendant's house and vehicle are pre-marital assets. MAUREEN E. ELLIOTT, PLAINTIFF V. GLEN W. ELLIOTT, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1294 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Inventory on counsel for Plaintiff and the Divorce Master by depositing same in the U.S. Mail, first class, postage paid on the 22nd day of December, 2008, addressed as follows: Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 SMIGEL, ANDERSON & SACKS, LLP By: nn V. L vin, Esquire I.D.#: 70259 J Demmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant L': r.i C"` <r: 3 ,.,..s ",? C,J ? C;'3 ?'?a ?'.? ^'t :r' ?.,? ' '?7 F-='' r, , -- C::; ? , .',? C. ?' -?; MAUREEN E. ELLIOTT, Plaintiff V. GLEN W. ELLIOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-1294 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE MAUREEN E. ELLIOTT'S PRETRIAL STATEMENT 1. LIST OF ASSETS: See document attached hereto as Exhibit "A". 2. EXPERT WITNESSES: (a) None at this time. 3. NON-EXPERT WITNESSES: (a) Maureen E. Elliott, 315 Antilles Court Mechanicsburg, will testify on her own behalf regarding all issues relevant to equitable distribution, alimony, and counsel fees. (b) Plaintiff, Maureen E. Elliott, reserves the right to call additional witnesses for rebuttal if necessary. 4. EIUUMITS: See documents attached hereto as Exhibit "B". 5. PARTIES' GROSS INCOME: Husband's 2008 income - approximately $110,000 Wife's 2008 income - $0.00 (Wife does receive child and spousal support) 6. CURRENT INCOME & EXPENSE STATEMENT: See document attached hereto as Exhibit "C". 7. PENSION AND RETIREMENT BENEFITS: Wife is unaware whether Husband has any pension or retirement benefits. Wife has an IRA, which she earned prior to the parties' marriage with a balance of $5,635 as of December 17, 2007 and a GE Asset Management Ascensus account with a balance of $15,949 as of December 17, 2007, which represents a distribution which she received pursuant to a QDRO from a previous divorce settlement in July, 2002. Due to the stock market decline, the current balances of Wife's accounts were $3,906 and $15,033 respectively on January 6, 2009. 8. DISPUTED TANGIBLE PERSONAL PROPERTY: None. 9. MARITAL DEBTS: See document attached hereto as Exhibit "D". 10. PROPOSED RESOLUTION OF ECONOMIC ISSUES: Wife proposes that she receive one half ('/2) of the equity accrued in the marital residence from the date of marriage to the date of separation, specifically $13,000 ($26,222 total equity). Wife also requests that she be reimbursed the $459.48 which she paid to close the parties' joint checking account which was overdrawn by Husband post- separation. Husband would retain possession and ownership of the marital residence and all of his pre-marital property. Wife would retain all of her pre-marital property. Although the marriage was approximately two years long, the parties made a joint decision to have a child. They also made a joint decision that Wife should leave her employment and become a stay-at-home mother once their child was born. Wife seeks indefinite alimony until such time as she is able to acquire gainful employment including health insurance benefits. Once gainful employment has been acquired, alimony would be modified at the discretion of the Court. Wife also seeks reimbursement of all of her attorney's fees incurred relative to this divorce action. Date: o Respectfully sub tted, stin . Reinho , sc 5922 Li slestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Maureen E. Elliott EDIT "A" LIST OF MARITAL ASSETS Item Asset Value Date of Non-marital Liens & Number Valuation Portion Encumbrances I. Marital residence $170,000 11/28/07 Pre-marital equity $131,778 (11/28/07) of $12,000 2. Citizens Bank joint -$459.48 Date of separation None None checking account (Wife paid $459.48 post-separation in order to close this account because it was overdrawn by Husband) LIST OF NON-MARITAL ASSETS Asset Value Date of Valuation Liens & Encumbrances 1. Citizens IRA $5,635.94 12/17/07 None ($3,906 on 01/06/09 due to stock market decline) 2. GE Asset Management $15,949.20 12/17/07 None Ascensus account ($15,033 on 01/06/09 due to stock market decline) 3. 2003 Toyota Highlander $6,225 Current None (paid off with loan from mother) 4. Prudential Life Insurance $941.48 5/08 $1,838.00 Policy 5. Prudential Life Insurance $580 5/08 None Policy 6. Checking account $314 12/07 None EDIT "B" LIST OF EDITS TO BE INTRODUCED AT TRIAL 1. Settlement statement dated December 12, 2007 relative to marital residence 2. Statement of National City Mortgage balance as of date of marriage 3. Disclosure statement dated December 16, 2004 indicating initial balance on second mortgage relative to marital residence 4. Wife's social security earnings record as of 2007 5. Citizens Bank statement dated March 17, 2008 indicating Wife paid off Husband's overdraft of parties' joint account 6. Citizens Bank statement dated February 28, 2006 relative to Wife's IRA 7. Statements of Wife's Citizens Bank IRA as of date of separation and Wife's Ascensus account as of date of marriage and date of separation to be forthcoming IA. U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPMENT ` SETTLEMENT STATEMENT Opu"l Forty 1w Tmucb" w wut Sellers NAME AND ADDRESS OF BORROWER: Glen W. Elliott 455 Stonehedge Lane Mechanicsburg, PA 17055 NAME AND ADDRESS OF LENDER: Commerce Bank/Harrisburg N.A. 3801 Paxton Street Harrisburg, PA 17111 PROPERTY LOCATION:. Lane 455 SETTLEMENT AGENT: Core Settlement Services, Inc. M eeh hanksnilxburgg, PA 17055 Cumberland County, Pennsylvania PLACE OF SETTLEMENT: 3800 Market Street Camp Hill, PA 17011 File #2007110081 SETTLEMENT DATE: December 12, 2007 Disburse: 12117107 Parcel 042-10-0646-079-U21455 LOAN NUMBER: 77782155 L. SETTLEMENT CHARGES M. DISBURSEMENT TO OTHERS 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 1501. Pay On Account to 801. Loan MV n Fee % to 802. Loan 0.7500% to Commerce Bank 1,147.50 Brazos #2036430231 1502. ay n ccount to 155 803. A raisal Fee to e atsal Firm, Inc. 804. Cred'lt e rt to Ehuifax Mort a Services POC:L12.4 300.00 3 PA CI O t #20364323 a 1503. Pay On Aecount 154 805.. to 806. to 1504. Pay On Account 807.. to 808. 1505 Pay On Account 809. . 810. Administration Fee to Commerce Bank 575.00 1506. Pay On Account 811. 812• 1507 Pay On Account 813 . . 1 814. 1508 Pay On Account 815. . 816' 1509 Pay On Account 817. Un erwriti 21 Review Fee to Commerce Bank -POC:L397.0 0 . 818. Ovem' ht Mail to DHL POC:L30.0 0 1510 Pay On Account 819. Flood Certification Fee to U. Determination Svc Inc POC:L6. . 820. MER Assign Fee to M S PO 9 51 1511. Pay On Account 900. ITEMS REQUIRED BY ENDER TO E PAID IN ADVANCE 901. Intere 1 12/17/07 to 01/01!08 31.875000/da 478.13 1512 Pay On Account 902. Mo .a.; Insurance Prem for months to . 903. Hazard Insurance Prem for 1.0 to 1513 Payoff Mort a e t 905 905' . . g g o National C' Mort age 0002869297 1514. Payoff Mortgage to 120 74A 1000. RESERVES DEPOSITED WITH LENDER 1001. Hazard Insurance months r month 1002. Mortgage insurance 2:000 months $ 146.63 Der month 293.26 1003. LocallCoun Taxes 12.000 months taI $ 41.25 Per month 495.00 Commerce Bank #400211433 1520- TOTAL DISBURSED (enter online 1603) 10,720. 131,778. 1004. School Taxes 7.000 months $ 143.86 per month 1 007 02 1005. Assessments months Ca) $ per month 1006. months , $ per month 1007. months $ Per month 10 U regale Adjustment months S per month 206.27 1100. TI E CHARGES 1101. Transportation Fee to Outsource 1102. Title Search Fee to 1103. Title Examination Fee to 1104. Title Insurance Bidder Fee to 1105. Document Preparation Fee to Deed Prep. 1106. Notary Fee to Core Settlement ervices Inc 20.00 1107.Anorneys Fees to includes above item numbers: 1108. Title Insurance O Core Settlement Services. Inc. 80% REI SU includes above item numbers: 809.10 1109. Lender's Coverage $ 153,000.00 e s oven e 1111.ALTA Endorsements to Core Settlement Services. Inc. 100/30018.114.1 200 00 1112. Bankruptcy/Patriot Ad Search to Coro Settlement Services Inc. 1113 . , 15.00 N. NET SETTLEMENT 1114.Ovem hl Courier ee to ore Settlement Services, Inc. 1115. loam' rokction Letter Tee to tewartilk 66-10-0 35.00 1600. Loan Amount $ 153 000 01 1 116. Grin down Fee , . 1117. Tax Certification Fee 10 Core Settlement Services, Inc. 1118. E-Mail Fee to Core Settlement Services. Inc. 5,00 35 00 1601. Plus Cash/Check from $ 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES Borrower 0.01 1201. Recordi fees: Mortgage 50 eleases $ 1202. Cilyf/Coun? ax/ tam s: mortgage $ Conveyance Fee 69.50 1602. Minus Total Settlement 1203. State ax/ Stamps: Mort a e $ Charges (line 1400) q 5,337.24 1204.. 1205. • 1 603. Minus Total Disbursements $ 1300. ONAL SETTLEMENT CHARGES to Others (line 1520) 131,778.11 x 1301. Surverve 1302. Pest Inspection My- 1604. Equals Disbursements to 1304. Borrower (alter expiration 1305. of any applicable rescission 1400. TOTAL SETTLEMENT CHARGES (enter on line 1602) 5,337.24 TM ,vwrew..n w • period required by law) - -. $ 15,884.6E Borrower -- -, g e= ? e Alen W Elliott CorwSettlement S Aces, Inc. Settlement Agent Certified to be a true copy, Form HUD-tA (2/94) ref. RESPA 5.1 10 0.,.96 .200r11o061, 2o0r„ibal t It SETTLEMENT STATEMENT ,? , Optlanel Form W TfMeat4blM YIMIioiA Sullen ! NAME AND ADDRESS OF BORROWER: Glen W. Elliott 455 Stonehedge Lane Mechanicsburg, PA 17055 NAME AND ADDRESS OF LENDER: Commerce Bank/Harrisburg N.A. 3801 Paxton Street Harrisburg, PA 17111 PROPERTY LOCATION: SETTLEMENT AGENT: Core Settlement Services, Inc. :7? 455 Stonehedge Lane Mechanicsburg, , PA 17055 Cumberland County, Pennsylvania PLACE OF SETTLEMENT: 3800 Market Street Camp Hill, PA 17011 SETTLEMENT DATE: December 12, 2007 Disburse: 12/17107 Fib #2007110081 Parcel #42-10-0646-079-U21455 LOAN NUMBER: 77782155 ES J-9 M DISBURSEMENT T OTHERS - 800. ITEMS PAYABLE IN CONNECTION WITH LOAN 1501. Pay On Account to 801. Loan Origination Fee % to Brazos #2036430231 151 802. Loan Discount 0.7500 % to Commerce Bank 1,147.50 1502. Pay On ccoun to 803. Appraisal Fee to The A raisal Finn, Inc. 300.00 PA CI 0 t #20364323 a 15, 804. Credit Report to Equifax Mon a e ervices POC:L12.4 1503. ay On Account 805.. to 806.. to 1504. Pay On Account 807, , to 808. 1505. Pay On Account 809. 810. Administration Fee to Commerce Bank 575.00 1506. Pay On Account 811. 812• 1507. Pay On Account 813. 814. 1508. Pay On Account 815. 816. 1509. Pay On Account 817. Underwriting Review Fee to Commerce Bank POC1397.00 818. Overnight Mall to OHL POC:L30 .00 1510. Pay On Account 819. Fidod Certification Fee to U.S. Determination Svc Inc PO :L6 . 820. ME RS Assign Fee to MERS P0C:L4.9 1511. Pay On Account 900. ITEMS REQUIRED BY LENDER TO BE PAID IN ADVANCE 901. Interest 12/17/07 to 01101/08 S 31.875000/da 478.13 1512. Pay On Account 902. Mort a e Insurance Prem for months to 903. Hazard Insurance Prem for 1.0 to 1513. Payoff Mortgage to 904. National C' Mo a e 0002869297 120.74 905• 1514. Payoff Mortgage to 1000. RESERVES DEPOSITED WITH LENDER Commerce Bank #400211433 10,720 1001. Hazard Insurance months 5 per month 1520. TOTAL DISBURSED 131 778 1002. Mort a e Insurance 2.000 months S 146.63 per month 293.26 (enter online 1603) , 1003. Local/Coun Taxes 12.000 months $ 41.25 per month 495.00 1004. School Taxes 7.000 months S 143.86 pet month 1,007.02 1005. Assessments months $ per month 1006. months S per month 1007. months S per month 1008.Ag re ateAd'ustment months S per month 206.27 11 . t LE CHAGES 1101. Transportation Fee to Outsource 1102. Title Search Fee to 1103. Title Examination Fee to 1104. Title Insurance Binder Fee to 1105. Document Preparation Fee to Deed Prep. 1106. Notary Fee to Core Settlement Services Inc. 20.00 1107. Attorneys Fees to includes above item numbers: 1108. file Insurance 0 Core Settlement Services, Inc. 80,6 REISSUE includes above hem numbers: 809.10 1109. Lenders Coverage E 153,000.00 1110. s overa e 1111. ALA Endorsements to Core Settlement Services, Inc. 100/30018.1 /4.1 200.00 1112. Bankruptcy/Patriot Act Search to Core Settlement Services Inc. 1113. 15.00 N. NET SETTLEMENT 1114.Ovemt hl Courier Fee to Core Settlement Services, Inc. 60.00 1115. Closin Protection Letter Fee to Stewart Title 35.00 1600. Loan Amount $ 153,000. 1116. rin down Fee 1117. Tax Certification Fee to Core Settlement Services, Inc. 5.00 1118. -Mail Fee to Core Settlement Services, Inc. 35.00 1601 plus Cash/Check from $ 0. 1200. GOVERNMENT RECORDING AND TRANSFER CHARGES Borrower 1201. Recording fees: Mortgage S 68.50 ; Releases S 68.50 1202. ' /Coun Tax/Stamps: MortgageS Conveyance Fee 1602• Minus Total Settlement $ 5,337.: 1203. State a Stamps: mortgage $ Charges (line 1400) 1204.. 1205.. 1601 Minus Total Disbursements s 131,778. 1300. ADDITIONAL SETTLEMENT CHARGES to Others (line 1520) 1 1. urve 1302. Pest inspection 1604 Equals Disbursements to ., r ( B r ft i ti 1304. o rowe a er exp ra on 1305. of any applicable rescission 1400. TOTAL SETTLEMENT CHARGES (enter on line 1602) 5,337.24 period required by law) S 15,684. rbe M1dWW Me PM by &We AW90 ratalpi 018 C= MMO COPY Of nS StAtMOM 6 any abadMlMle nfeMW b hmWn Borrower Glen W. 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N , EA H N I N N I N 0 H I n o pa lb, W CD a In N 01 r to O r u1 O r 1 0 to r O H PC b 1-, 0 p t b0 0 w 0OD w o0 w or CaS O cnr iIV C O + N O a 1 z en ? ^n O N H A01 N Orn 0101 N N011n rN h7 ?t" ?r < pyr ~ r 1- r r rr r rr yv o0 000/00018 30IA83S-ISAO 6990Ol8ZEG Xa3 ZE:OI 80OZ/9 ZA L - - - AV" AV.VV 1'! 111 LVV VV%.L rr%.rm.Lnll zjLz 'l,zLt%z DISCLOSURE STATEMENT Wj VV4 References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. I Any item above containing has been omitted due to text length limitations. .? Borrower: Glen W. Elliot ISSN: 203-64-3033) Lender: COMMERCE BANK/HARRABURG N.A. 455 Stonehedge Lane SIMPSON FERRY Mechanicsburg, PA 17055 5032 SIMPSON FERRYR1:1AD MECHANICBURG, PA 17:155 C2 Y) f (717) 766-6800 / ' IV r ? ANNUAL. PERCENTAGE RATE The cost of my credit as a yearly rate. 7.740% Amount financed Total of Payments The amou of credit The amount I will have paid provided t e or on my afte, I have made all behalf. payments as scheduled. 19,50 0 ;2:1,578.80 rts 8 X .h, beginning January 2', 2005. Disclosures about variable rate feature: have been provided to me FINANCE CHARGE The dollar amount the credit will cost me. $4,078.80 PAYMENT SCHEDULE. My payment schedule will be 60 monthl VARIABLE RATE FEATURE. My loan contains a variable rate earlier. PROPERTY INSURANCE. I may obtain property insurance from a SECURITY. I am giving a security interest in 455 Stonehedge in addition, Lender has also reserved a contractual right of setoff may also secure this loan. LATE CHARGE. If a payment is 15 days or more late, ch+ ASSUMPTION. Someone buying my home canno ssume the r PREPAYMENT. If I pay otf early, I will not have y a penalty. I will look at my contract docu is for an additional inform scheduled date, and prepayme refunds- 1 read and was given a coWeted copy of this BORROWER: .. on December 16, 2004, prior io signing the Ne (.e. %.000' Amount Financed Itemization Amount paid to me directly: $1,800.00 $1,800.00 Lender's Check # Amount paid to others on my behalf: $17,700.00 $4,700.00 to Bank of America s 12,100.00 to Fleet Bank $600.00 to Radio Shack $300.00 to GECC Note Principal: S19,500.00 Prepaid Finance Charges- $0.00 Amount Financed: $19,500.00 Other Charges Paid in Cash: 525.00 525.00 Mortgage Recording Fee LAMM POO Lr.iL,p, V.,. 4Y+.10.00f '{aN. W"IM, M..dY LW", I,• ow, I"& N h4hF4I .-L - P^ M:1W9MMLµlWIpC[,µq 1MGK` '? 1iVp Fl: 11 I nt that is acceptable to Lender. ec nicsburg, Upper Allen Township. Curnb: rland County, Pennsylvania. d I sit accounts. In addition, collateral sec, ring other loans with Lender of the regularly scheduled paymenl. obligation on the original terms. about nonpayment, default, any. required 'epayment in full before the 6'.3 Your Earnings Record Your Taxed Your Taxed Years You Social Security Medicare Worked Earnings Earnings 1985 $ 657 $ 657 1986 1,062 1,062 1987 0 0 1988 898 898 1989 2,397 2,397 1990 1,515 1,515 1991 2,572 2,572 1992 5,520 5,520 1993 18,999 18,999 1994 19,088 19,088 1995 17,978 17,978 1996 14,331 14,331 1997 13,184 13,184 1998 17,815 17,815 1999 13,991 13,991 2000 4,967 4,967 2001 13,354 13,354 2002 13,885 13,885 ----207U6__----- 2004 21,934 21,934 2005 24,808 24,808 2006 18,871 18,871 2007 2,890 2,890 You and your family may be eligible for valuable benefits: When you die, your family may be eligible to receive survivors benefits. Social Security may help you if you become disabled-even at a young age. A young person who has worked and paid Social Security taxes in as few as two years can be eligible for disability benefits. Social Security credits you earn move with you from job to job throughout your career. Total Social Security and Medicare taxes paid over your working career through the last year reported on the chart above: Estimated taxes paid for Social Security: Estimated taxes paid for Medicare: You paid: $15,557 You paid: $3,632 Your employers paid: $15,557 Your employers paid: $3,632 Note: You currently pay 6.2 percent of your salary, up to $102,000, in Social Security taxes and 1.45 percent in Medicare taxes on your entire salary. Your employer also pays 6.2 percent in Social Security taxes and 1.45 percent in Medicare taxes for you. If you are self-employed, you pay the combined employee and employer amount of 12.4 percent in Social Security taxes and 2.9 percent in Medicare taxes on your net earnings. Help Us Keep Your Earnings Record Accurate You, your employer and Social Secunty share responsi6 1i?'ty for the accuracy of your earnings record. Since you began working, we recorded your reported earnings under your name and Social Security number. We have updated your record each time your employer (or you, if you're self-employed) reported your earnings. Remember, its your earnings, not the amount of taxes you paid or the number of credits you've earned, that determine your benefit amount. When we figure that amount, we base it on your average earnings over your lifetime. If our records are wrong, you may not receive all the benefits to which you re entitled. Review this chart carefully using your own records to make sure our information is correct and that we've recorded each year you worked. You're the only person who can look at the earnings chart and know whether it is complete and correct. Some or all of your earnings from last year may not be shown on your Statement. It could be that we still were processrngas year s earnings repo s w en your Statement was prepared. Your complete earnings for last year will be shown on next year's Statement. Note: If you worked for more than one employer during any year, or if you had both earnings and self-employment income, we combined your earnings for the year. There's a limit on the amount of earnings on which you pay Social Security taxes each year. The limit increases yearly. Earnings above the limit will not appear on your earnings chart as Social Security earnings. (For Medicare taxes, the maximum earnings amount began rising in 1991. Since 1994, all of your earnings are taxed for Medicare) Call us right away at 1-800-772-1213 (7 am.--7 p.m. your local time) if any earnings for years before last year are shown incorrectly. Please have your W-2 or tax return for those years available. (If you live outside the U.S., follow the directions at the bottom of page 4.) A'9 Citizens Bank 2001 Market Street, Suite 600 Philadelphia, PA 19103 To Whom It May Concern: March 17, 2008 This letter is acknowledging that Maureen E. Elliott has paid off the overdraft line of credit in full for $459.48 and has closed the joint account with Dr. Glen W. Elliott, account number 6215379275. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Qing J. Cheema, Notary Public Lower Alien Twp., Cumberland County My Commission E)ires March 22, 2011 Member, Pennsv -;;ni-, Association of Notaries 0 RBS Page 1 of 1 JL 513 -?96•????S71r92752MPACS LOAN INQUIRY Cgg? ACCT # 6215379275 NAME ELLIOTT GLEN 13.17.36 2001 Market Street, Suite 600 Philadelphia, PA 19103 STATUS 1-ACTIVE NORMAL PAYOFF AMT 41 48 * * *PAST DUE COUNTS* * * PAST DUE 0 PRINCIPAL 412.35 30 DAYS 1 120 DAYS 0 OVERLIMIT NO INTEREST 5.21 60 DAYS 0 150 DAYS 0 CAUTION NO OTHER 0.00 90 DAYS 0 180 DAYS 0 BAD ACCT NO CREDIT LIMIT 500 DATE APPROVED 08/14/06 AUTO PMT YES AVAIL BAL 82.44 DATE LAST CRLN 08/14/06 WAIVE PMT NO PAYMENT DUE 20.00 DATE PMT DUE 03/30/08 SPLIT RATE NO AMT PAST DUE `` 0.00 V DATE PAST DUE COST CODE 2 TNT 7 7 7::: 40.0 ? DATE LAST PMT 03/05/08 OFFICER CD Z58 LAST ADVANCE 10.00 DATE LAST ADV 01/25/08 EXT STATUS 0 ADDL CR BAL 0.00 NEXT CR REVIEW 08/14/07 AUTO REACT 1 ADDL CR PMT 0.00 BILLING DATE 03/05/08 CALL CODE 0000 OLD MONEY 0.00 BILLING DAYS 29 HOME EQ CD 0 LOAN INCR 0 EXT REM CNT 0 REG CODE 345 INT RATE .15490 CONSEC LN TO PAY 0 RESTRCT DEBT 0 ACCRUED INT 1.919680 COST REM TERM 12 RISK CODE 0 DLY ACCR 0.1745164 YTD INTEREST PAID 7.78 UNEARNED CST 0.00 PREV YTD INT PAID 8.52 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Qing J. Cheerna, Notary Public Lower Allen Twp., Cumberland County My Commission E)Ires March 22, 2011 Pennsvlvani? r. r. ^ 'atinr, of Notaries cMember, K% RBS http://touchpoint.internal.citizensbank.com/touchpoint/3270/emul3270.htm 3/17/2008 o m? xtsf xQ w o R ?' t7 ? 8 ° C w ? ZZ yy y Sp ro: ? \? H O O Q C t9 0 O N ?- . i W i O A .. OD N N G 00 W A v• W ? O . o 0 8 8 CL a 4 o a m 3t%mmo m%otom" C') Ul 0 67 -i D > = r N z »m "oc;oz f7 r m (h (n m m ?-, mzm;ow czza> 0 V) m z -? D D z r Cl) V S co m Ul A W v> c? m nm O 2 -n 0 W ?A 0 CA O 89 NH m tij o? O z O z 20?0?0 zo N N ,N © N w o 0 O 0 OD N J w f'] r A 0 c z Q fD r V n 0 0 a? vac TiC ?n (D On" N M t/1 (D t1 - ?D to s EXPENSE STATEMENT OF MAUREEN E. ELLIOTT I verify that the statements made in this Expense Statement 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. Date: Expenses Home Mortgage or Rent Maintenance Lawn Care Second Mortgage Utilities Electric Gas Oil Telephone Cell Phone Water Sewer Cable TV Internet Trash/Recycling Taxes Real Estate Personal Property Insurance Homeowners/Renters Automobile Life Accident/Disability Excess Coverage Long-term Care (_0_UV_1C114 -,-I E&C, -a Maureen E. Elliott Monthly Total $1,050 $53 $55 $43 $50 $42 $10 Monthly Monthly Children Parent $22 $47 $25 EXHIBIT I % i % $1,050 $53 $55 $43 $50 $42 $10 $22 $47 $25 Expenses Monthly Total Automobile Lease or Loan payments - Fuel $170 Repairs $70 Memberships - Medical Medical Insurance - Doctor $50 Dentist $40 Hospital - Medication $18 Counseling/Therapy - Orthodontist 0 Special Needs (glasses etc.) $66 Education Tuition $77 Tutoring - Lessons $10 Other - Personal Debt Service - Clothing $200 Groceries $416 Haircare $35 Memberships - Miscellaneous Child Monthly Children Gracie Stephanie $20 $5 $20 $20 $10 Monthly Parent $170 $70 $10 $20 $3 $66 $77 $10 $60 $60 $80 $133 $133 $150 $10 $25 care - Household Help - Summer CMP21 - Papers/Books/Magazines $10 Entertainment $50 Pet Expenses - Vacations $100 Gifts - Legal Fees/Prof. Fees $965/$300 (Dr. Shienvold) Charitable Contributions - Children's Parties - Children's Allowances - $10 $50 $100 $965/$300 Expenses Monthly Monthly Monthly Total Children Parent Gracie Stephanie - Other Child Support Alimony Payments - TOTAL MONTHLY EXPENSES $3,974 $228 $330 $3,416 EXHIBIT "D" LIABILITIES Plaintiff lists all liabilities of either or both spouses alone or with any person as of the date of separation. ITEM NUMBER 1 Description: Loan against Prudential Life Insurance policy Amount of debt presently: $1,838 (5/08) Amount of debt at separation: Date debt incurred, initial amount of indebtedness and purpose of debt: Incurred prior to marriage. Amount paid by debtor since date of separation: ITEM NUMBER 2 Description: Loan from mother Amount of debt presently: Approximately $23,000 Amount of debt at separation: Approximately $3,000 Date debt incurred, initial amount of indebtedness and purpose of debt: Amounts incurred prior to separation: to assist parties in paying their bills and to pay off Wife's car loan. Amounts incurred post separation: to pay Wife's moving costs, security deposits, household furniture, attorney's fees, and custody evaluator fees. Amount paid by debtor since date of separation: None. -'7 R3 y EXPENSE STATEMENT OF MAUREEN E. ELLIOTT I verify that the statements made in this Expense Statement 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 unworn falsification to authorities. Date: ?- D Expenses Home Mortgage or Rent Maintenance Lawn Care Second Mortgage Utilities Electric Gas Oil Telephone Cell Phone Water Sewer Cable TV Internet Trash/Recycling V--0 -Z&-ZW Maureen E. Elliott Monthly Total $1,050 $53 $55 $43 $50 $42 $10 Monthly Monthly Children Parent $1,050 $53 $55 $43 $50 $42 $10 Taxes Real Estate Personal Property Insurance Homeowners/Renters Automobile Life Accident/Disability Excess Coverage Long-term Care $22 $47 $25 $22 $47 $25 Expenses Monthly Total Automobile Lease or Loan payments - Fuel $170 Repairs $70 Memberships - Medical Medical Insurance - Doctor $50 $20 Dentist $40 Hospital - Medication $18 $5 Counseling/Therapy - Orthodontist 0 Special Needs (glasses etc.) $66 Education Tuition $77 Tutoring - Lessons $10 $10 Other - Personal Debt Service - Clothing $200 $60 Groceries $416 $133 Haircare $35 Memberships - Miscellaneous Child care - Household Help - Summer CMP21 - Papers/Books/Magazines $10 Entertainment $50 Pet Expenses - Vacations $100 Gifts - Legal Fees/Prof. Fees $965/$300 (Dr. Shienvold) Charitable Contributions - Children's Parties - Children's Allowances - Monthly Children Gracie I Stephanie $20 $20 $10 $77 $60 $133 $10 Monthly Parent $170 $70 $10 $20 $3 $66 $80 $150 $25 $10 $50 $100 $965/$300 C.71 Expenses Monthly Total Other Child Support Alimony Payments TOTAL MONTHLY EXPENSES $3,974 Monthly Monthly Children Parent Gracie Stephanie $228 $330 $3,416 .? C-q MAUREEN E. ELLIOTT, Plaintiff V. GLEN W. ELLIOTT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1294 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE INVENTORY OF MAUREEN E. ELLIOTT Plaintiff files this 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 verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Maureen . Elliott ASSETS OF THE PARTIES Plaintiff marks on the list below the items applicable to the case at bar and itemizes the assets on the following pages. (x) 1. Real Property (x) 2. Motor Vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of Deposit (x) 5. Checking accounts, cash () 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts (x) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits-severance pay, Workers' Compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contributions and date plan vests) (x) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation Claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held () 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action commenced. Item Number Description of Property Name of Owners Value as of Date Action Commenced 1. Marital residence (appreciation during marriage) 2. Citizens Bank joint checking account Husband Husband and Wife $170,000 4459.48 (Wife paid $459.48 post separation in order to close the account due to an overdraft made by Husband) NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Proper + Reason for Exclusion 1 • Citizens IRA Pre-marital 2. GE Asset Management Ascensus Account IRA Pre-marital (settlement in previous divorce) 3. 2003 Toyota Highlander Pre-marital 4. Prudential Life Insurance policy Pre-marital 5. Individual checking Pre-marital/post-separation 6. Individual savings (Wife had a balance of $3,155.34 as Pre-marital of the date of marriage. Said monies were used to pay off Husband's pre-marital debt during the parties' marriage) PROPERTY TRANSFERRED Item Number Description of Prop;M Date of Transfer Consideration Person to Whom Transferred None Item Number Description of Property LUBIUMS Name of all Name of all Creditors Debtors Loan against life insurance policy Prudential Wife Amount owed as of date Action Commenced $1,838 (as of May 2008) e' .sa c:?. u" ' -?, F ?? `?" :.?; ,_ ?M _? ,. c.,:? ,?: -< MAUREEN E. ELLIOTT, Plaintiff VS. GLEN W. ELLIOTT, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1294 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of , 2010, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated January 8, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: ? Kristin R. Reinhold Attorney for Plaintiff ? James R. Demmel Attorney for Defendant l£c?- =den . ?e Kevi A. Hess, P.J. a - -; : w C.7v :?? ? N ? t71 W r.. MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this day of J !?n , 2010, by and between Maureen E. Elliott ("Wife") - A N D - Glen W. Elliott ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on February 11, 2006, at Johnstown, Pennsylvania and having separated on or about December 17, 2007. Husband currently resides at 450 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania and Wife currently resides at 315 Antilles Court, Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, one (1) child was born of this marriage; said child being: Graciahna Louise Elliott (date of birth 8/29/06); WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 08-1294. The parties agree that they will execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter simultaneously with the signing of this Agreement. Thereafter, counsel for Husband shall file a Praecipe to Transmit Record and obtain a divorce decree. . 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property. The following property shall become the sole and exclusive property of Husband: 1. All right, title and interest in the 2005 Ford F-150 titled in Husband's name, subject to any and all liens or encumbrances; 2. Any and all bank accounts, including but not limited to checking, savings and Money Market accounts titled in Husband's name; 2 3. All right, title and interest in any and all retirement accounts and other employee benefits available to Husband by virtue of any and all previous, present and future employment; 4. All right, title and interest in the property and lot situate at 455 Stonehedge Lane, Mechanicsburg, subject to any and all liens and encumbrances; and 5. Any and all household goods and personalty in Husband's possession or control. 6. All right, title and interest to any and all life insurance policies owned by Husband acquired either prior to, during or after the date of marriage. B. Wife's Property. The following property shall become the sole and exclusive property of Wife: 1. All right, title and interest in the 2002 Toyota Highlander titled in Wife's name, subject to any and all liens or encumbrances; 2. Any and all bank accounts, including but not limited to checking, savings and Money Market accounts titled in Wife's name; 3. All right, title and interest in the Citizens Bank IRA titled in Wife's name; 4. All right, title and interest in the Ascensus IRA titled in Wife's name; 5. All right, title and interest in any and all retirement accounts 3 and other employee benefits available to Wife by virtue of any and all previous, present and future employment; 6. Any and all household goods and personalty in Wife's possession or control. 7. All right, title and interest to any and all life insurance policies owned by Wife acquired either prior to, during or after the date of marriage. C. Satisfactory Division of Marital and Non-Marital Property. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, 401(k), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. 3. Marital Residence. The parties acknowledge that Husband is the owner of the property and lot situate at 455 Stonehedge Lane, Mechanicsburg, PA (hereinafter "Marital Home"). Husband shall remain the sole and exclusive owner of the Marital Home and shall be permitted to take any action with respect thereto that he deems appropriate. The parties acknowledge that the Marital Home is currently subject to foreclosure proceedings. In the event that Husband is able to pay the total amount due or otherwise save the Marital Home from further foreclosure proceedings or Sheriff's Sale, Wife reserves the right to raise 4 Marital Home from further foreclosure proceedings or Sheriff s Sale, Wife reserves the right to raise a claim for any amount of equity in the Marital Home to which she may be entitled pursuant to the Pennsylvania Divorce Code. Commencing on the execution date of this Agreement, Husband shall be solely and exclusively responsible for all costs, expenses and liabilities associated with or attributable to the Marital Home, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Home. If Husband refuses to indemnify Wife for any such expenses, Wife is entitled to recover from Husband all costs, expenses and legal fees incurred in enforcing Husband's duty to pay the expenses. 4. Taxes. Prior to 2008, the parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 5 5. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other documents necessary and appropriate to accomplish the aforesaid division of property and to carry out the provisions of this Agreement. 6. Transfers Subject to Existing Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 7. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 8. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 9. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible 6 assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 10. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 11. Debts & Liabilities. Husband and Wife shall each be solely responsible for all debts, contracts, obligations and liabilities in their respective names incurred at any time in the past unless and except as otherwise specifically set forth in this Agreement, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and wan-ant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. Husband covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Wife responsible for any debt incurred by Husband either prior to, during or following the parties' separation, Husband will at his sole expense defend Wife against any such claim or demand, whether or not well-founded, and that he will indemnify and hold harmless Wife in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid the same and in opposing the imposition thereof or enforcing this indemnity, resulting to 7 Wife. Wife covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Husband responsible for any debt incurred by Wife either prior to, during or following the parties' separation, Wife will at her sole expense defend Husband against any such claim or demand, whether or not well-founded, and that she will indemnify and hold harmless Husband in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid the same and in opposing the imposition thereof or enforcing this indemnity, resulting to Husband. 12. Counsel Fees, Costs and Exuenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 13. Alimony. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 14. Disclosure of Assets. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel or had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. 15. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 9 16. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debts, contracts, obligations, or other liabilities, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 17. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 10 18. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 19. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 20. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 21. Severability. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 11 22. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. Agreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Maureen E. lliott Glen . Elliott 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Maureen E. Elliott, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this day ok "L&ajl4 , 2010. Notary Public My Commission Expires: COM NWEALTH OF PE--NS NOTARIAL SEAL Renee Drelsbach, Notary PubBo Lower Paxton Twp. Dauphin County LM Commission E fires Nov. 30, 2010 13 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Glen W. Elliott, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this C? day of J ft?j U R ?-y 2010. Notary Publi My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Vicky L. Fitz, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Jan. 6, 2011 Member, Pennsylvania Association of Notaries X741 y . p MARRIAGE SETTLEMENT AGREEMENT .,- AGREEMENT MADE this day of j 2010, by and ' between Maureen E. Elliott ("Wife") - A N D - Glen W. Elliott ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on February 11, 2006, at Johnstown, Pennsylvania and having separated on or about December 17, 2007. Husband currently resides at 450 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania and Wife currently resides at 315 Antilles Court, Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, one (1) child was born of this marriage; said child being: Graciahna Louise Elliott (date of birth 8/29/06); WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that a divorce action has been filed in the Court of Common Pleas of Cumberland County, Pennsylvania at docket number 08-1294. The parties agree that they will execute Affidavits of Consent and Waivers of Notice of Intention to Request Entry of a Divorce Decree in the aforementioned matter simultaneously with the signing of this Agreement. Thereafter, counsel for Husband shall file a Praecipe to Transmit Record and obtain a divorce decree. 2. Division of Pro ertv,. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property. The following property shall become the sole and exclusive property of Husband: 1. All right, title and interest in the 2005 Ford F-150 titled in Husband's name, subject to any and all liens or encumbrances; 2. Any and all bank accounts, including but not limited to checking, savings and Money Market accounts titled in Husband's name; 2 3. All right, title and interest in any and all retirement accounts and other employee benefits available to Husband by virtue of any and all previous, present and future employment; 4. All right, title and interest in the property and lot situate at 455 Stonehedge Lane, Mechanicsburg, subject to any and all liens and encumbrances; and 5. Any and all household goods and personalty in Husband's possession or control. 6. All right, title and interest to any and all life insurance policies owned by Husband acquired either prior to, during or after the date of marriage. B. Wife's Property. The following property shall become the sole and exclusive property of Wife: 1. All right, title and interest in the 2002 Toyota Highlander titled in Wife's name, subject to any and all liens or encumbrances; 2. Any and all bank accounts, including but not limited to checking, savings and Money Market accounts titled in Wife's name; 3. All right, title and interest in the Citizens Bank IRA titled in Wife's name; 4. All right, title and interest in the Ascensus IRA titled in Wife's name; 5. All right, title and interest in any and all retirement accounts 3 and other employee benefits available to Wife by virtue of any and all previous, present and future employment; 6. Any and all household goods and personalty in Wife's possession or control. 7. All right, title and interest to any and all life insurance policies owned by Wife acquired either prior to, during or after the date of marriage. C. Satisfactory Division of Marital and Non-Marital Property. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, 401(k), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. 3. Marital Residence. The parties acknowledge that Husband is the owner of the property and lot situate at 455 Stonehedge Lane, Mechanicsburg, PA (hereinafter "Marital Home"). Husband shall remain the sole and exclusive owner of the Marital Home and shall be permitted to take any action with respect thereto that he deems appropriate. The parties acknowledge that the Marital Home is currently subject to foreclosure proceedings. In the event that Husband is able to pay the total amount due or otherwise save the Marital Home from further foreclosure proceedings or Sheriff s Sale, Wife reserves the right to raise 4 Marital Home from further foreclosure proceedings or Sheriff's Sale, Wife reserves the right to raise a claim for any amount of equity in the Marital Home to which she may be entitled pursuant to the Pennsylvania Divorce Code. Commencing on the execution date of this Agreement, Husband shall be solely and exclusively responsible for all costs, expenses and liabilities associated with or attributable to the Marital Home, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorneys fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Marital Home. If Husband refuses to indemnify Wife for any such expenses, Wife is entitled to recover from Husband all costs, expenses and legal fees incurred in enforcing Husband's duty to pay the expenses. 4. Taxes. Prior to 2008, the parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 5. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other documents necessary and appropriate to accomplish the aforesaid division of property and to carry out the provisions of this Agreement. 6. Transfers Subiect to Existing Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 7. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 8. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 9. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible 6 assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 10. After-Acquired Prouerty. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarred. 11. Debts & Liabilities. Husband and Wife shall each be solely responsible for all debts, contracts, obligations and liabilities in their respective names incurred at any time in the past unless and except as otherwise specifically set forth in this Agreement, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. Husband covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Wife responsible for any debt incurred by Husband either prior to, during or following the parties' separation, Husband will at his sole expense defend Wife against any such claim or demand, whether or not well-founded, and that he will indemnify and hold harmless Wife in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid the same and in opposing the imposition thereof or enforcing this indemnity, resulting to 7 Wife. Wife covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Husband responsible for any debt incurred by Wife either prior to, during or following the parties' separation, Wife will at her sole expense defend Husband against any such claim or demand, whether or not well-founded, and that she will indemnify and hold harmless Husband in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid the same and in opposing the imposition thereof or enforcing this indemnity, resulting to Husband. 12. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 13. Alimony. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, separate maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similar marital rights. 8 14. Disclosure of Assets. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel or had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. 15. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 9 16. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debts, contracts, obligations, or other liabilities, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 17. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 10 18. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 19. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 20. Modification. No modification, rescission or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 21. Severability. If any provision of this Agreement is held by a Court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. II 22. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. Agreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the Decree of Divorce for purposes of enforcement only, but otherwise shall not be merged into said Decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Maureen E. lliott Glen . Elliott 12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Maureen E. Elliott, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this day o 2010. Notary Public My Commission Expires: WEALTH OF PENNSYLI NOTARIAL SEAL Renee Dreisbach, Notary PubHo Lower Paxton Up. Dalphin Cou M Commission E Tres Nov. 30 20 0 13 _ a. - _. .? ., ? x p 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : ss. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Glen W. Elliott, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this day of JPr1?1 V ??-y , 2010. sk-ix' \:!I, Notary Publi (-? My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Vicky L Fitz, Notary Public Susquehanna Twp., Dauphin County My Commission EVires Jan. 6, 2011 Member, Pennsylvania Association of Notaries MAUREEN E. ELLIOTT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 08-1294 CIVIL TENT GLEN W. ELLIOTT, CIVIL ACTION - LAW DEFENDANT IN DIVORCE a A, , o AFFIDAVIT OF CONSENT 'on 1. A Complaint in Divorce under §3301(c) of the Divorce Code was file, February 27, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree 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. §4904 relating to unsworn falsification to authorities. Date: l O Gen W. Elliott, Defendant MAUREEN E. ELLIOTT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 08-1294 CIVIL TERMC GLEN W. ELLIOTT, CIVIL ACTION - LAW "r DEFENDANT IN DIVORCE C) - - WAIVER OF NOTICE OF INTENTION TO REQUES T, -- OF A DIVORCE DECREE UNDER ENTRY , =F ?:? I 43301(c) AND 43301(d) OF THE DIVORCE CODE 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Ig /Zo 10 _ Gle W. Elliott, Defen ant MAUREEN E. ELLIOTT, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 08-1294 CIVIL TERM GLEN W. ELLIOTT, CIVIL ACTION - LAW DEFENDANT IN DIVORCE - AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on February 27, 2008. N _ ? .J + C- _ 717 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree 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. §4904 relating to unsworn falsification to authorities. Date: _ 7 Z d I (? Maureen )&. Elliott, Plaintiff MAUREEN E. ELLIOTT, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 08-1294 CIVIL TER' ?. CIVIL ACTION - LAW ?-' GLEN W. ELLIOTT, ,, ; DEFENDANT IN DIVORCE =<' CD `r' ?Rv 1. WAIVER OF NOTICE OF INTENTION TO REQUESS:_ ENTRY OF A DIVORCE DECREE UNDER 63301(c) AND $3301(d) OF THE DIVORCE CODE yam: `'`' 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: 2-0 10 Maureen E. Elliott, Plaintiff . ra SMIGEL, ANDERSON & SACKS, LLP James R. Demmel, Esquire ID #90918 4431 North Front Street, 3rd Fir. Harrisburg, PA 17110-1778 (717) 234-2401 idemmeWLsasllp.corn Attorney for Defendant MAUREEN E. ELLIOTT, PLAINTIFF V. GLEN W. ELLIOTT, DEFENDANT ,; ZO(Q JA AN .2 0 > 1?? IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 08-1294 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: The Complaint was served on counsel for the Defendant via U.S. Mail, First Class on Mach 4, 2008. A copy of the time-stamped Acceptance of Service is attached herein. 3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on January 7, 2010; and by Defendant on January 8, 2010. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: Not applicable. (2) Date of filing and service of the Affidavit upon the Respondent: Not applicable. •-4 4. Related claims pending: None. An Order of Court vacating the appointment of the Divorce Master pursuant to the signing of a Marriage Settlement Agreement was entered on January 13, 2010. A copy is attached herein. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: Not applicable. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Simultaneously with the filing of this Praecipe. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Simultaneously with the filing of this Praecipe. Date: a Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP By: mes R. emmel, Esquire I.D.#: 90918 rth Front Street, 3`d Flr. Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant ' MA 1REEN E. ELLIOTT, IN THE COURT OF COMMON PLEAS ' ` Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1294 CIVIL TERM GLEN W. ELLIOTT, CIVIL ACTION -LAW Defendant IN DIVORCE C o v c ACCEPTANCE OF SERVICE s `.. 2 -7 I, James R. Demmel, Esquire, attorney for Glen W. Elliott, DefeT-1lant?:, hereby certify that I accept service on his behalf of a Complaint in Divorce in the above- captioned matter on or about ktq1..( , 2008, by first-class mail, postage prepaid. I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 1 1 A.: U MAUREEN E. ELLIOTT, Plaintiff vs. GLEN W. ELLIOTT, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1294 CIVIL IN DIVORCE ORDER OF COURT l I13/IC'? AND NOW, this day of , 2010, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated January 8, 2010, 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, Kevi cc: Kristin R. Reinhold Attorney for Plaintiff James R. Demmel Attorney for Defendant ?e Hess, P.J. ? N 7." I'mo'" L T W, Z' ?f r + W ?r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAUREEN E. ELLIOTT V. GLEN W. ELLIOTT NO. 08-1294 CIVIL TERM DIVORCE DECREE AND NOW, ?0.hy4+'y IL it is ordered and decreed that MAUREEN E. ELLIOTT plaintiff, and GLEN W. ELLIOTT bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. It is further ordered and decreed that the Marriage Settlement Agreement executed by and between the parties dated January 8, 2010, is incorporated by reference into this Decree for purposes of enforcement, but shall NOT be deemed to have been merged with this Decree. By the Court, 11?-l Attest: J. Prothon tary /• Z •/4 e Ate ;e 4 10,. / - a 7 -io n to ,w le A4