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HomeMy WebLinkAbout08-17459' Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Fax (717) 731-8114 CHERYL ANN ROSS, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 08- MICHAEL ; l Test § JAMES ROSS, § CIVIL ACTION - DIVORCE Defendant § 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 will 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at One Courthouse Square, Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 COUNTY BAR ASSOCIATION 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Fax (717) 731-8114 CHERYL ANN ROSS, Plaintiff V. MICHAEL JAMES ROSS, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. § CIVIL ACTION - DIVORCE AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quesjas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se la avisa que si no defiende, el caso puede proceder sin usted y decreto de divorcio o anulmiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantas para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esra disponible en la oficina del Prothonotary, en One Courthouse Square, Carlisle, PA 170.13. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE OR NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 Bedford Street Carlisle, PA 17013 (717) 249-3166 Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone (717) 731-8114 Fax (717) 731-8114 CHERYL ANN ROSS, Plaintiff V. MICHAEL JAMES ROSS, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. OF- /7'1Y C','u,`l r? § CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(r) OR 3301 d OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Cheryl Ann Ross, by and through her attorney, Tanner Law Offices, LLC, and represents as follows: 1. Plaintiff is Cheryl Ann Ross, an adult individual currently residing at 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Michael James Ross, an adult individual currently residing 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been a bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 19, 1999 in Lee Center, New York. 5. The marriage is irretrievably broken: Plaintiff and Defendant have lived separate and apart since January 10, 2008, and continue to live separate and apart as of the date of filing this Complaint. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 8. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiffprays that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. COUNT I - Equitable Distribution of Marital Property Under Section 3502(x) of the Divorce Code 10. Paragraphs 1 through 9 are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 12. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as of the date of the filing of this Complaint. 13. Plaintiff requests that this Court equitably divide, distribute or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that this Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT II -ALIMONY ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES 14. Paragraphs 1 through 13 are incorporated herein by reference as though set forth in full text. 15. Plaintiff has inadequate funds or earnings to properly support herself or her minor children or to pay her expenses during the pendency of the divorce litigation and subsequent to the entry o f a final decree herein. 16. Plaintiff has inadequate funds in which to pay her counsel to represent her in these proceedings, to pay accountants, appraisers and other such costs incurred and to be incurred herein. 17. Plaintiff believes and therefore avers that Defendant has adequate income and assets to pay Plaintiff's counsel fees, as well as costs of any accountants, appraisers or other costs. 18. Plaintiff lacks sufficient income potential to maintain herself at a lifestyle similar to that which she enjoyed during the marriage subsequent to the entry of a divorce decree. Defendant has the earning potential and ability to maintain Plaintiff subsequent to the entry of a divorce. WHEREFORE, Plaintiff requests this court enter an order granting her alimony pendente lite, alimony, counsel fees, costs, and such other expenses as the Court deems appropriate. Respectfully submitted, By: GG?- ?. L Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. r? Date Cheryl A Ross, Plaintiff ? C7 CX) ?1 j C, j GCy W ` ` 00 v ` , rn 00 r = --- -c C? c-? TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 CHERYL ANN ROSS, § IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 08-1745 Civil Term MICHAEL JAMES ROSS, § CIVIL ACTION - DIVORCE Defendant/Respondent § PETITION FOR SPECIAL RELIEF AND FOR EXCLUSIVE RIGHT )[0 RESIDE IN THE MARITAL RESIDENCE PURSUANT TO SECTIONS 31040,) 3323(f). 3502(c) OF THE DIVORCE CODE AND PA.R C.P 1920.43 AND NOW, comes the Petitioner, Cheryl Ann Ross, by and through her attorney, Tanner Law Offices, LLC, and files this Petition for Special Relief seeking the exclusive right to reside in the marital residence with the parties' children and, in support thereof, respectfully represents as follows: Petitioner is Cheryl Ann Ross, plaintiff in this action, who currently resides at 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is Michael James Ross, defendant in this action, who currently resides at 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties are husband and wife, having been married on June 19, 1999. 4. On March 18, 2008, Petitioner filed a Complaint in Divorce with the Court of Common Pleas of Cumberland County, Pennsylvania. • 0 5. The parties are the parents of the following unemancipated children who reside with the Petitioner at 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011: Autumn Ross Born: November 20, 1994 Jesslyn Ross Born: November 19, 2005 6. 7. 8. 9 10. 11. 12. 13. The parties are owners as tenants by the entireties of real property located at 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011. Respondent drinks alcohol to excess. When Respondent drinks, he becomes angry and abusive, yelling, screaming, and swearing at the Petitioner and their two minor children. Said animosity caused by Respondent has severely interrupted the peaceful nature of the Petitioner's and the two minor children's household and caused great harm to the family unit. Respondent was removed from household by police on May 29, 2008 after yelling and swearing loudly for more than one-half hour as children were trying to sleep. Respondent has returned to household. Respondent has been removed from household prior to May 29, 2008 and has returned, continuing to cause animosity, deprive children of stability and creating hostile environment. Petitioner has requested that Respondent remove himself from the marital residence, but he has refused to do so. • • 14. Section 3323(f) of the Divorce Code provides that "the court shall have fully equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 15. Section 3502(c) of the Divorce Code provides that "the court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence." 16. Petitioner believes and therefore avers, that granting Petitioner the exclusive right to reside in the marital residence with the parties' children will effectuate the purposes of the Divorce Code as set forth in Section 3102(a), including the goal of mitigating the harm to the spouses and their children which is being cased by the legal dissolution of the marriage. 17. Upon information and belief, the stability of the children of the marriage would best be served by granting Petitioner's request for the exclusive right to reside in the marital residence with said children. 18. Upon information and belief, the aims of the Divorce Code would best be served by awarding Petitioner the right to live in the family home with the parties' children without intrusion by Respondent. 19. Petitioner has no other adequate remedy at law. • • WHEREFORE, Petitioner, Cheryl Ann Ross, prays this Honorable Court award Petitioner the right to live in the marital residence with the parties' children to the exclusion of such right by Respondent, enjoin Respondent from entering the premises or interfering with or preventing the continued habitation therein by Petitioner and the parties' children and grant such other relief as this Honorable Court may deem appropriate. Respectfully submitted, By:.. A, -/ Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Petitioner TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Petition for Special Relief and for Exclusive Right to Reside in the Marital Residence are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. ? ao oq Date 117h ?,P a -& Cheryl Ann Ross., Plaintiff `-7 '.=' ' ?-? ._:? ,.•.? T t .?A -? _ ? , r- r..? -. !_ --t, .?.. ?; :.? _ _ "-? • CHERYL ANN ROSS, § Plaintiff/Petitioner § V. § MICHAEL JAMES ROSS, § Defendant/Respondent § • M.aa o z 2oasCl 1i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1745 Civil Term CIVIL ACTION - DIVORCE RULE TO SHOW CAUSE AND NOW, this 9V day of !22U .4,d 4(, _, 2009, upon consideration of the foregoing Petition for Special Relief and for the Exclusive Right to Reside in the Marital Residence, the Court grants a rule upon the Defendant, Michael James Ross, to show cause why the prayer of the Petitioner should not be granted. ?Gl RULE RETURNABLE and an4A W fhereon the o ? y day of 2ZA,1.4 2009 at Z0 % 3 Q o'clock, M. BY THE COURT: OF ,? 7 %T '01 OAR `4 f PE?'rV'?tV4 ?n rt ?i2oss "?I- CHERYL ANN ROSS, Plaintiff V MICHAEL JAMES ROSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-1745 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 26th day of March, 2009, the petition for special relief and for the exclusive right to reside in the marital residence is granted in accordance with the terms and conditions of the parties as announced this date in court and in their presence. By the Court, -X "?- - /? Z?' Kevin Hess, J. Tabetha A. Tanner, Esquire For the Plaintiff Michael J. Ross, Pro se 16 Beaver Road Camp Hill, PA 17011 :bg ozf I'es mtiL LUc(, 31307 .n '. tS (1. _J C"i CHERYL ANN ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE NO. 08-1745 CIVIL TERM MICHAEL JAMES ROSS, Defendant IN RE: PETITION FOR SPECIAL RELIEF Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, March 26, 2009, in Courtroom Number 4. APPEARANCES: TABETHA A. TANNER, Esquire For the Plaintiff MICHAEL JAMES ROSS, Pro se 1 THE COURT: Now, do I understand that there 2 has been a resolution of the matter? 3 MS. TANNER: Yes, Your Honor. 4 THE COURT: Go ahead. 5 MS. TANNER: We are here on a petition for 6 special relief which was filed by the plaintiff on February 7 27, 2009. The parties have agreed that the defendant will 8 vacate the residence starting with this Monday for a period 9 of ninety days. During that ninety day period, the 10 defendant shall receive counseling, go to Alcoholics 11 Anonymous and attend anger management. If the defendant has 12 successfully participated in those three areas during this 13 ninety day window, at the end of that ninety days the 14 parties shall reassess the situation and determine whether 15 or not they would like to consider reconciliation. If the 16 defendant has not participated in counseling, Alcoholic 17 Anonymous and anger management, then the court would make 18 this order final. 19 THE COURT: The order being the one for 20 exclusive possession? 21 MS. TANNER: Right. 22 THE COURT: Just so we are clear on that. It 23 certainly sounds more than reasonable. Mr. Ross, that is 24 your agreement, is it? 25 MR. ROSS: Yes. 2 1 THE COURT: What I will do is do an order to 2 this effect, And Now, this date, the petition for special 3 relief and for the exclusive right to reside in the marital 4 residence is granted in accordance with the terms and 5 conditions of the parties as announced this date in court 6 and in their presence. And what we will do then is simply 7 have this transcribed and put it in the file, and everybody 8 will know what was said today. Anything else? 9 MS. TANNER: That's it. 10 THE COURT: I am glad you are able to work 11 towards some sort of reconciliation. It is good to hear. 12 Good luck to you. 13 (End of proceedings) 14 15 16 17 18 19 20 21 22 23 24 25 3 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. &' A --& & -, - Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. /r?a.•A 17 Zao q Date Kev Nin A. Hess, J. Judicial District 4 LL, w i? c,1 :: TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff 2010 FEB - 2 F i C !-r.? i' CHERYL ANN ROSS, § Plaintiff § V. § MICHAEL JAMES ROSS, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1745 CIVIL TERM IN DIVORCE MOTION TO COMPEL ANSWERS T P AINTI F' S REQUEST FOR PRODUCTION OF DOCUMENTS AND NOW, comes the Plaintiff, Cheryl Ann Ross, by and through her attorney, Tanner Law Offices, LLC, and files this Motion to Compel Answers to Plaintiff's Request for Production of Documents, and, in support thereof, respectfully represents as follows: 1. Plaintiff, Cheryl Ann Ross, is the plaintiff in the above-captioned divorce action. 2. Defendant, Michael James Ross, is the defendant in the above-captioned divorce action. 3. In Plaintiffs Complaint in Divorce, Plaintiff has requested, inter alia, the equitable distribution of marital property which request has placed Defendant's financial situation at issue in this matter. 4. On November 3, 2008, counsel for Plaintiff sent a letter to Defendant requesting financial documents. 5. Defendant did not respond to the request for financial documents. 6. On November 23, 2009, Plaintiff caused the Request for Production of Documents to be served on Defendant pursuant to Rule 1920.22(b)(1). 7. Answers to the Request for Production of Documents were due on or before December 23, 2009. 8. On December 3, 2009, counsel for Defendant sent a letter to counsel for Plaintiff that stated he anticipated Defendant's responses would be sent from his office within the original thirty (30) day period provided for in the Request for Production of Documents. 9. On December 30, 2009, counsel for Plaintiff spoke with counsel for Defendant who stated that he would have answers to Plaintiff s Request for Production of Documents the following week. 10. As of the filing of this Motion, Defendant has not yet answered the Request for Production of Documents. 11. Plaintiff requires the information sought in the Request for Production of Documents in order to properly pursue her claims. 12. Plaintiff does not request hearing or argument. 13. Discovery is not requested. 14. A copy of this Motion was transmitted via facsimile on January 28, 2010 to counsel for Defendant for concurrence/non-concurrence with the Motion. 15. As of the filing of this Motion, counsel for Defendant has not provided his concurrence in this Motion. WHEREFORE, Plaintiff, respectfully requests that this Court enter an order directing Defendant to file the Answers to the Request for Production of Documents pursuant to Rule 1920.22(b)(1) within ten (10) days of the date of this Order. Respectfully submitted, / t; (/, "14, 4 / Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Phone (717) 731-8114/ Fax (717) 731-8115 Attorney for Plaintiff CHERYL ANN ROSS, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 08-1745 CIVIL TERM MICHAEL JAMES ROSS, § Defendant § IN DIVORCE CERTIFICATE OF SERVICE I HEREBY CERTIFY that I served a copy of the Motion to Compel Answers to Request for Production of Documents, filed in the above-captioned matter upon John Connelly, Jr., Esquire, by first-class U.S. mail, addressed as follows: Mr. John Connelly, Jr., Esquire James Smith Dietrick & Connelly, LLP 134 Sipe Avenue Hummelstown, PA 17036 Respectfully submitted, Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 It t=1LL-,-C ,- ZQ 0 FEB 22 Ail; 5 FEB 16 2010 CHERYL ANN ROSS, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 08-1745 CIVIL TERM MICHAEL JAMES ROSS, § Defendant § IN DIVORCE ORDER OF COURT AND NOW, this z z ?? day of 2010, upon consideration of Petitioner's Motion to Compel Answers to Request for Production of Documents, it is hereby ORDERED and DECREED that: Defendant, Michael James Ross, shall Answer Plaintiffs Request for Production of Documents within ten-(") calendar days o Athis Order. BY THE COURT: cc [;:-,s 'T •La a-/ ?a. J ra --Try] TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 D4 1 1 i3 r CHERYL ANN ROSS, § Plaintiff/Petitioner § V. § MICHAEL JAMES ROSS, § Defendant/Respondent § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1745 Civil Term CIVIL ACTION - DIVORCE PETITION FOR SPECIAL RELIEF AND FOR EXCLUSIVE RIGHT TO RESIDE IN THE MARITAL RESIDENCE PURSUANT TO SECTIONS 3104(a), 3323( ft, 3502(c) OF THE DIVORCE CODE AND PA R C P 1920.43 AND NOW, comes the Petitioner, Cheryl Ann Ross, by and through her attorney, Tanner Law Offices, LLC, and files this Petition for Special Relief seeking the exclusive right to reside in the marital residence with the parties' children and, in support thereof, respectfully represents as follows: 1. Petitioner is Cheryl Ann Ross, plaintiff in this action, who currently resides at 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent is Michael James Ross, defendant in this action, who currently resides at 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties are husband and wife, having been married on June 19, 1999. 4. On March 18, 2008, Petitioner filed a Complaint in Divorce with the Court of Common Pleas of Cumberland County, Pennsylvania. 5. The parties are the parents of the following unemancipated children who reside with the Petitioner at 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011: Autumn Ross Born: November 20, 1994 Jesslyn Ross Born: November 19, 2005 6. The parties are owners as tenants by the entireties of real property located at 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011. 7. Respondent drinks alcohol to excess. 8. When Respondent drinks, he becomes angry and abusive, yelling, screaming, and swearing at the Petitioner and their two minor children. 9. Said animosity caused by Respondent has severely interrupted the peaceful nature of the Petitioner's and the two minor children's household and caused great harm to the family unit. 10. Respondent was removed from household by police on May 29, 2008 after yelling and swearing loudly for more than one-half hour as children were trying to sleep. 11. Respondent has returned to household. 12. Respondent has been removed from household prior to May 29, 2008 and has returned, continuing to cause animosity, deprive children of stability and creating hostile environment. 13. Petitioner has requested that Respondent remove himself from the marital residence, but he has refused to do so. 14. On or about February 27, 2009, Petitioner filed a previous Petition for Special Relief and for Exclusive Right to Reside in the Marital Residence (Exhibit "A"). 15. On or about March 26, 2009, a hearing was held on said petition. 16. An Order was entered on the same day in which the Petition was granted (Exhibit 17. Said Order required Respondent to vacate the marital residence for a period of ninety (90) days; to receive counseling, attend Alcoholics Anonymous and anger management therapy. 18. If Respondent did not meet the conditions as stated in the previous paragraph, the March 26, 2009 Order would become final. 19. Petitioner, despite her instincts, permitted the Respondent to re-enter the marital residence prior to the expiration of the 90 days. 20. Respondent never attended Alcoholics Anonymous. 21. Respondent continues to have violent and prolonged outbursts in front of the children, often ranting to them in a loud yell disparaging their mother. 22. Respondent continues to disparage mother in very loud, lengthy telephone conversations with relatives. 23. Respondent continues to create a very hostile home environment for the parties and their two minor children. 24. Section 3323(f) of the Divorce Code provides that "the court shall have fully equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 25. Section 3502(c) of the Divorce Code provides that "the court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence." 26. Petitioner believes and therefore avers, that granting Petitioner the exclusive right to reside in the marital residence with the parties' children will effectuate the purposes of the Divorce Code as set forth in Section 3102(a), including the goal of mitigating the harm to the spouses and their children which is being cased by the legal dissolution of the marriage. 27. Upon information and belief, the stability of the children of the marriage would best be served by granting Petitioner's request for the exclusive right to reside in the marital residence with said children. 28. Upon information and belief, the aims of the Divorce Code would best be served by awarding Petitioner the right to live in the family home with the parties' children without intrusion by Respondent. 29. Petitioner has no other adequate remedy at law. WHEREFORE, Petitioner, Cheryl Ann Ross, prays this Honorable Court award Petitioner the right to live in the marital residence with the parties' children to the exclusion of such right by Respondent, enjoin Respondent from entering the premises or interfering with or preventing the continued habitation therein by Petitioner and the parties' children and grant such other relief as this Honorable Court may deem appropriate. Respectfully submitted, By: -Yae? A Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Petitioner TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Petition for Special Relief and for Exclusive Right to Reside in the Marital Residence are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. /3 /d J/ Q- /T GL3 Date Cheryl Ann Ross., Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 CHERYL ANN ROSS, § Plaintiff/Petitioner § V. § MICHAEL JAMES ROSS, § Defendant/Respondent § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1745 Civil Term CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Petition for Special Relief and for Exclusive Right to Reside in the Marital Residence, filed in the above-captioned matter upon the Defendant, Michael James Ross, by first class U. S. mail addressed as follows: Mr. John Connelly, Jr., Esquire James Smith Dietrick & Connelly, LLP 134 Sipe Avenue Hummelstown, Pennsylvania 17036 Date: 502 0 / _ Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 ! i. tl1 U L Lvuv/, ?- co 1`Y CHERYL ANN ROSS, § Plaintiff/Petitioner § V. § MICHAEL JAMES ROSS, § Defendant/Respondent § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1745 Civil Term CIVIL ACTION - DIVORCE RULE TO SHOW CAUSE AND NOW, this day of , 2009, upon consideration of the foregoing Petition for Special Relief and for the Exclusive Right to Reside in the Marital Residence, the Court grants a rule upon the Defendant, Michael James Ross, to show cause why the prayer of the Petitioner should not be granted. RULE RETURNABLE and an a?sroaer t?idreon the day of m _ , 2009 at o'clock, A.M. /,J C704 y k' BY THE COURT: J. Exhibit "A" TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 CHERYL ANN ROSS, § IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 08-1745 Civil Term MICHAEL JAMES ROSS, § CIVIL ACTION - DIVORCE Defendant/Respondent § ORDER AND NOW, this day of 2009, upon consideration of Petitioner, Cheryl Ann Ross's Petition for Special Relief and for the Exclusive Right to Reside in the Marital Residence, Respondent's answer, and a hearing thereon, it is hereby ORDERED and DECREED that the exclusive possession of the marital residence is granted to Petitioner and the parties' minor children and that Respondent Michael James Ross, is enjoined from entering the premises and from interfering in any way with the continued habitation of said premises by Petitioner and the parties' minor children. BY THE COURT: J. TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 CHERYL ANN ROSS,), § IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner § CUMBERLAND COUNTY, PENNSYLVANIA § fi r V. § NO. 08-1745 Civil Term ; E I 7-1 MICHAEL JAMES ROSS, § CIVIL ACTION - DIVORCE Defendant/Respondent PETITION FOR SPECIAL RELIEF AND FOR EXCLUSIVE RIGHT TO RESIDE IN THE MARITAL RESIDENCE PURSUANT TO SECTIONS 3104(a), 3323() 3502(c) OF THE DIVORCE CODE AND PA.R.C.P 1920.43 AND NOW, comes the Petitioner, Cheryl Ann Ross, by and through her attorney, Tanner Law Offices, LLC, and files this Petition for Special Relief seeking the exclusive right to reside in the marital residence with the parties' children and, in support thereof, respectfully represents as follows: 1. Petitioner is Cheryl Ann Ross, plaintiff in this action, who currently resides at 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Respondent. is Michael James Ross, defendant in this action, who currently resides at 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The parties are husband and wife, having been married on June 19, 1999. 4. On March 18, 2008, Petitioner filed a Complaint in Divorce with the Court of Common Pleas of Cumberland County, Pennsylvania. 5. The parties,are the parents of the following unemancipated children who reside with the Petitioner at 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011: Autumn Ross Born: November 20, 1994 Jesslyn Ross Born: November 19, 2005 6. 7. 8. 9. 10 11 12. 13. The parties are owners as tenants by the entireties of real property located at 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011. Respondent drinks alcohol to excess. When Respondent drinks, he becomes angry and abusive, yelling, screaming, and swearing at the Petitioner and their two minor children. Said animosity caused by Respondent has severely interrupted the peaceful nature of the Petitioner's and the two minor children's household and caused great harm to the family unit. Respondent was removed from household by police on May 29, 2008 after yelling and swearing loudly for more than one-half hour as children were trying to sleep. Respondent has returned to household. Respondent has been removed from household prior to May 29, 2008 and has returned, continuing to cause animosity, deprive children of stability and creating hostile environment. Petitioner has requested that Respondent remove himself from the marital residence, but he has refused to do so. 14. Section 3323(f) of the Divorce Code provides that "the court shall have fully equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause." 15. Section 3502(c) of the Divorce Code provides that "the court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence." 16. Petitioner believes and therefore avers, that granting Petitioner the exclusive right to reside in the marital residence with the parties' children will effectuate the purposes of the Divorce Code as set forth in Section 3102(a), including the goal of mitigating the harm to the spouses and their children which is being cased by the legal dissolution Hof the marriage. 17. Upon information and belief, the stability of the children of the marriage would best be served by granting Petitioner's request for the exclusive right to reside in the marital residence with said children. 18. Upon information and belief, the aims of the Divorce Code would best be served by awarding Petitioner the right to live in the family home with the parties' children without intrusion by Respondent. 19. Petitioner has no other adequate remedy at law. WHEREFORE, Petitioner, Cheryl Ann Ross, prays this Honorable Court award Petitioner the right to live in the marital residence with the parties' children to the exclusion of such right by Respondent, enjoin Respondent from entering the premises or interfering with or preventing the continued habitation therein by Petitioner and the parties' children and grant such other relief as this Honorable Court may deem appropriate. Respectfully submitted, B ?l Y• :i?a" Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 Attorney for Petitioner TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 (717) 731-8114 VERIFICATION I verify that the statements made in this Petition for Special Relief and for Exclusive Right to Reside in the Marital Residence are true and correct. I understand that false statements made herein may subject me to penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. gla ple ? a -?? / - Date Cheryl And Ross., Plaintiff CHERYL ANN ROSS, IN, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V CIVIL ACTION - DIVORCE NO. 08-1745 CIVIL TERM MICHAEL JAMES ROSS, Defendant IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 26th day of March, 2009, the petition for special relief and for the exclusive right to reside in the marital residence is granted in accordance with the terms and conditions of the parties as announced this date in court and in their presence. By the Court, Tabetha A. Tanner, Esquire For the Plaintiff Michael J. Ross, Pro se 16 Beaver Road Camp Hill, PA 17011 :bg TWEtW" iFR X40 *tWi , Not* A.,* "0%" .."a'A Exhibit "B" CHERYL ANN ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - DIVORCE NO. 08-1745 CIVIL TERM MICHAEL JAMES ROSS, Defendant IN RE: PETITION FOR SPECIAL RELIEF Proceedings held before the HONORABLE KEVIN A. HESS, J., Cumberland County Courthouse, Carlisle, Pennsylvania, on Thursday, March 26, 2009, in Courtroom Number 4. APPEARANCES: TABETHA A. TANNER, Esquire For the Plaintiff MICHAEL JAMES ROSS, Pro se 1 THE COURT: Now, do I understand that there 2 has been a resolution of the matter? 3 MS. TANNER: Yes, Your Honor. 4 THE COURT: Go ahead. 5 MS. TANNER: We are here on a petition for 6 special relief which was filed by the plaintiff on February 7 27, 2009. The parties have agreed that the defendant will 8 vacate the residence starting with this Monday for a period 9 of ninety days. During that ninety day period, the 10 defendant shall receive counseling, go to Alcoholics 11 Anonymous and attend anger management. If the defendant has 12 successfully participated in those three areas during this 13 ninety day window, at the end of that ninety days the 14 parties shall reassess the situation and determine whether 15 or not they would like to consider reconciliation. If the 16 defendant has not participated in counseling, Alcoholic 17 Anonymous and anger management, then the court would make 18 this order final. 19 THE COURT: The order being the one for 20 exclusive possession? 21 MS. TANNER: Right. 22 THE COURT: Just so we are clear on that. It 23 certainly sounds more than reasonable. Mr. Ross, that is 24 your agreement, is it? 25 MR. ROSS: Yes. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: What I will do is do an order to this effect, And Now, this date, the petition for special relief and for the exclusive right to reside in the marital residence is granted in accordance with the terms and conditions of the parties as announced this date in court and in their presence. And what we will do then is simply have this transcribed and put it in the file, and everybody will know what was said today. Anything else? MS. TANNER: That's it. THE COURT: I am glad you are able to work towards some sort of reconciliation. It is good to hear. Good luck to you. (End of proceedings) 3 -w -• CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause and that this is a correct transcript of same. Barbara E. Graham Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date Kevin A. Hess, J. Ninth Judicial District 4 CHERYL ANN ROSS, Plaintiff/Petitioner V. MICHAEL JAMES ROSS, Defendant/Respondent § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 08-1745 Civil Term § CIVIL ACTION - DIVORCE RULE TO SHOW CAUSE AND NOW, this 1 G ' day of r-A&Y , 2010, upon consideration of the foregoing Petition for Special Relief and for the Exclusive Right to Reside in the Marital Residence, the Court grants a rule upon the Defendant, Michael James Ross, to show cause why the prayer of the Petitioner should not be granted. RULE RETURNABLE and an answer thereon to be filed no later thantie Z o Old-Is RiFty J-VV' day of ,.2010 at a? BY THE COURT: E-z 17'L? N Q ??oCa J'.v -C _f: Trkr Of t 1??4 1 20 10 JUN -8 Ali 11: 08 Cheryl Ann Ross CUP w . _;,j Y Plaintiff Vs. Michael Ross Cheryl Ann Ross Defendant MOTION FOR APPOINTMENT OF MASTER (Plaintiff) -(:8 moves the court to respect to the following claims: appoint a master with (x) Divorce Distribution of Property () Annulment () Support Alimony Counsel Fees (C) Alimony Pendente Lite ¢c) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has)--Ot? appeared in the action i xrzon ityj- (by his attorney, John Connelly, Jr. , Esquire). (3) The Staturory ground (s) for divorce (i4 (are) 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): a. a st . resp e o cat c. The action is contested with respect to the following claims: equitable distribution, alimony, APL, counsel fees and expenses (5) The action{i?: (does not involve) complex issues of law or fact (6) The hearing is expected to take one-half -(hem's} (days). (7) Additional information, if any, relevant to the motion: Date: ...-6Z2 ? 0 i` I / aA _qoA1 Attorney for (Plaintiff){ nslranty Print Attorney Name ......... Tabetha A. Tanner, Esquire ORDER APPOINTING MASTER AND NOW, , 20 , is appointed master with respect to the following claims: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA • 08-1745 Civil Term Docket No. Esquire By the Court: RLED- 17i i ?r P.h1? -_?I Zfr Trt fyr7l 2010 JUN -8 Ali 11, U8 Cheryl Ann Ross CU?r DUVTY E r rEi ??v?.1 ?.?, f CIA Plaintiff Vs. Michael Ross Cheryl Ann Ross JUN 0 9 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. • 08-1745 Civil Term Docket No. Defendant MOTION FOR APPOINTMENT OF MASTER (Plaintiff) ?Hefend? moves the court to respect to the following claims: appoint a master with (x) Divorce ()o Distribution of Property ( ) Annulment ( ) Support (x) Alimony (y) Counsel Fees ?,) Alimony Pendente Lite 0o Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has)-ryas-not} appeared in the action gwrseaally? (by his attorney, John Connelly, Jr. Esquire). (3) The Staturory ground (s) for divorce {s} (are) 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): a. a st resp o c ai c. The action is contested with respect to the following claims: equitable distribution, alimony, APL, counsel fees and expenses (5) The action?i e e (does not involve) complex issues of law or fact (6) The hearing is expected to take One-half (days). (7) Additional information, if any, relevant to the motion: F) 16hL Attorney for (Plaintiff) Print Attorney Name ......... Tabetha A. Tanner, Esquire ORDER APPOINTING MASTER AND NOW, 20L0 Esquire is appointed mast with respect to the following claims: xf ,?i ,odd?/y?L y - By the Co L_ J . 4 Cop;es rnc?:!ev( W io/io N In the Court of Common Pleas of Cumberland County, Pennsylvania L Phone. Fax: c:? CHERYL ANN ROSS } Docket Number 08-1745 Civil Term Plaintiff vs. ) PACSES Case Number 'C c -- MICHAEL JAMES ROSS 1 Defendant ) Other State ID Number - Please note: All correspondence must Include the PACSES Casa Number. C 'A A9elzer Expense Statement EXPENSE STATEMENT OF CHERYL ANN ROSS (Name) (Paoses Number) I verify that the statements made in this Experse 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. 10 Z''7 0' 0 Plaintiff oFWeteRdwTt- EXPENSES MONTHLY TOTAL MONTHLY CHILDREN MONTHLY PARENT EXPENSES MONTHLY TOTAL MONTHLY CHILDREN MONTHLY PARENT HOME Medical Mortgage or Rent 738.85 Medical Insurance 506.68 Maintenance Doctor 30.00 -awn Gars Dentist 51.67 35.00 16.67 2nd Mortgage Ho ital Medication 12.50 12.50 UTILITIES Counseling/Therapy lectric 290.00 Orthodontist Gas Special Needs (glasses Oil 150.00 , etc-) 33.33 33.33 Tele hone & Internet 75.00 Cell Phone 230.00 EDUCATION Water 65.00 Tuition Sewer & Trash/Recycle 7.67 Tutorin Cable TV 75.00 Lessons Internet Other TrashfReC Gn Extracurricular 91 67 91.6 - CE - 20.83 20.83 Form IN-008 Rev. 1 Service Type Worker ID Melzer Expense Statement (Continued) PACSES Case Number EXPENSES MONTHLY TOTAL MONTHLY CHILDREN MONTHLY PARENT TAXES Real Estate 273.63 Personal Property 83.50 INSURANCE Homeowners/Renters 49.13 Automobile 108.67 Life Accident/Disability Excess Coverage Lon -Term Care Liability (Professional) 5.50 AUTOMOBILE Lease or Loan Payments 222.6 Fuel 150.00 Repairs 91.67 Memberships Reoistration 3.00 Oil change 12.50 EXPENSES MONTHLY TOTAL MONTHLY CHILDREN MONTHLY PARENT PERSONAL Debt Service 290.00 Clothing 200.00 Groceries 720.00 Haircare 87.50 Memberships * Total 91.12 MISCELLANEOUS Child Care 764.83 Household Help Summer Camp Pa ers/Books/Ma azines 8.34 Entertainment 130.00 Pet Ex enses 10.00 Vacations 54.17 G ifts 166.67 Legal Fees/Prof. Fees 100.00 Charitable Contributions Children's Parties 41.67 Children's Allowances 30.00 Other Child Support Alimony Payments TOTAL MONTHLY EXPENSES $6,102.75 'YMCA 57.20 American Dental Hygenist 22.25 Sunday School 3.33 School Picture-Yearbook 8.34 Page 2 of 2 Form I N-008 Rev. 1 Service Type Worker ID In the Court of Common Pleas of Cumberland County, Pennsylvania Phone: Fax: C'> r-a CHERYL ANN ROSS Docket Number 08-1745 Ci vil Tern` c-_ -? Plaintiff ) f . _:, iZ vs. PACSES Case Number ) MICHAEL JAMES ROSS ,. Defendant ) Other State ID Number Please note: All correspondence must include the PACSES Case Number. 'r," C `I3 Income Statement THIS FORM MUST BE FILLED OUT AND YOU MUST PROVIDE DOCUMENTS TO SUPPORT ALL AMOUNTS PROVIDED IN THIS INCOME STATEMENT (If you are self-employed or if you are salaried by a business of which you are owner in whole or in part, you must also fill out the Supplemental Income Statement which appears below.) INCOME STATEMENT OF CHERYL ANN ROSS (Name) (Pacses Number) I verify that the statements made in this Income 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: lo/ ybo ro ?1L?• v . - b Plaintiff or-Be#en'da INCOME Employer: Fox Dental Ltd HACC Address: 819 Market St., Lemoyne, PA 17043 Harrisburg PA Type of Work: Dental Hygenist Adjunct Faculty Payroll Number: Pay Period (weekly, biweekly, etc): Biweekly Biweekly Gross Pay per Pay Period $ 2,273.85 Itemized Payroll Deductions: $332.56 Gross Federal Withholding $ - 42.74 in taxes FICA 126.48 Local Wage Tax 29.58 $289.82 Net State Income Tax 62.63 Mandatory Retirement Union Dues Health Insurance 233.85 Other (specify) Medicare 29.58 PA US 1.82 Net Pay per Pay Period: Service Type $ 1,563.91 + 289.82 = $1,853.83 Form IN-008 Rev. 2 Worker ID Medical Blue Shield Other Health/Accident Disability Income Dental N/A Other Pension Distributions N/A Annuity N/A Social Security N/A Rents N/A Royalties N/A Unemployment Comp. N/A Workers Comp. Employer Fringe Benefits N/A Other TOTAL INCOME $ PROPERTY OWNED Ownership" Description Value H W J Checking accounts Members 1st $ 1,800.00 X Savings accounts Members 1st $2,000.00 X it 6 a. £taeksAxwda Members 1st 30.00 X Real-Estate- Members 1st 30.00 X Other Marital Residence $ 150,000.00 _ _ X Total $ 153,860.00 INSURANCE Coverage` Company Policy No. H W C Hospital Blue Cross Other Health America 802328013-01 _x x_ Income Statement (Continued) Other Income: Week Interest $ N/A Dividends N/A PACSES Case Number Month Year (Fill in Appropriate Column) *H=Husband; W=Wife; J=Joint; C=Child Service Type Page 2 of 3 Form IN-008 Rev. 2 Worker ID . Income Statement (Continued) PACSES Case Number SUPPLEMENTAL INCOME STATEMENT (You only need to complete the below portion if you are self-employed or if you are salaried by a business of which you are owner in whole or in part) (a) This form is to be filled out by a person (check one): 0 (1) who operates a business or practices a profession, or ® (2) who is a member of a partnership or joint venture, or a (3) who is a shareholder in and is salaried by a closed corporation or similar entity. (b) Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and (2) the most recent Profit and Loss Statement. (c) Name of business: Address and telephone number: (d) Nature of business (check one) 0 (1) partnership (2) joint venture 0 (3) profession (4) closed corporation El (5) other (f) Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specific deductions, if any: Service Type Page 3 of 3 Form IN-008 Rev. 2 Worker ID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE HEARING MASTERS CHERYL ANN ROSS Plaintiff 16 Beaver Road Street Address Camp Hill, PA 17011 City - State - Zip Code VS. Michael James Ross Defendant 16 Beaver Road Street Address Camp Hill, PA 17011 City - State - Zip Code Tabetha A. Tanner, Esquire Attorney for Plaintiff 1300 Market Street, Suite 10 Street Address Lemoyne, PA 17043 City - State - Zip Code (717) 731-8114 Phone Number Docket No. 08-1745 Civil Term C7 Qty ACTION IN DIVORCE s c-` John Connelly, Jr., Esquire rv 4 c Z T? :l ? r l C- v -? Attorney for Defendant 134 Sipe Avenue Street Address Hummelstown, PA 17036 City - State - Zip Code (717) 533-3280 Phone Number INVENTORY OF CHERYL ANN ROSS (PLAINTIFF) j- (Plaintiff) (Hefei files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three (3) years. (Plaintiff) (DVfCffdan verifies that the statements made in this Inventory and Appraisement are true and correct. (Plaintiff) (Defendant) understands that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. (Plaintiff) ASSETS OF THE PARTIES (Plaintiff) (Defendant) marks on the list below, those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (x) 1. (x) 2. ( ) 3. ( ) 4. ( x) 5. (x) 6. ( ) 7. ( ) 8. (x) 9. ( ) 10. ( ) 11. ( ) 12. ( ) 13. ( ) 14. ( ) 15. ( ) 16. ( ) 17 ( ) 18 ( x) 19. ( ) 20. ( ) 21. ( ) 22. ( ) 23. ( x) 24. ( x) 25. ( ) 26 Real property Motor vehicles Stock, bonds, securities and options Certificates of deposit Checking accounts, cash Savings accounts, money market and savings certificates Contents of Safe Deposit boxes Trusts Life insurance policies (indicate face value, cash surrender value, and current certification) Annuities Gifts Inheritances Patents, copyrights, inventions, royalties Personal property outside the home Business (list all owners, including percentage (%) of ownership, and officer/director positions held by a party with the company) Employment termination benefits; severance pay, Workman's Compensation (claim/award) Profit Sharing plans Pension plans (indicate employee contribution and date plan vests) Retirement Plans, Individual Retirement Accounts Disability Payments Litigation claims (matured and unmatured) MilitaryN.A. benefits Education benefits Debts due others, including loans, mortgages held Household Furnishings and Personalty (Include as a Total Category and attach an itemized list if distribution of such assets is in dispute) Other MARITAL PROPERTY (Plaintiff){D}mrt) 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 was commenced: ITEM NUMBER DESCRIPTION OF PROPERTY Home $150,000 Owe $119,063.89 Husband and Wife 2000 4Runner $9,865 Owe $1701.77 Husband 2001 Tacoma $8,965 Owe $10,271 Husband Checking Accounts Both names Individual Savings Accounts Both names Individual NAMES OF ALL OWNERS Life Insurance American Insurance Admin $20,000 term $28,000 Benefit Husband Builder Rider Husband IRA $16,207 as of 12/31/07 Husband 401(k) $7,005.70 as of 12/31/07 Wife Personal furnishings NON-MARITAL PROPERTY (Plaintiff) (Deferrdzntj 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 PROPERTY None NAME OF ALL OWNERS BASIS FOR EXCLUSION FROM MARITAL PROPERTY PROPERTY TRANSFERRED (Plaintiff) (Defendant) lists all property in which either or both spouses has a legal or equitable interest, individually or with any other person, and which has been transferred within the preceding three (3) years: ITEM NUMBER DESCRIPTION OF PROPERTY None. DATE OF TRANSFER CONSIDERATION TRANSFEREE LIABILITIES OF THE PARTIES (Plaintiff) JDefewta" lists all liabilities of either or both spouses alone or with any person as of the date this action was commenced: ITEM NUMBER DESCRIPTION OF LIABILITY Mortgage HELOC $15,500 Pd with money rec'd from Husband and Wife Husband's parents Citibank Credit Card Owed $12,951.35 on Pd with money rec'd from Husband and Wife 12/25/07 Husband's parents Sleepy's Credit Card Owe $2,495.00 Husband NAMES OF ALL CREDITORS Discover Credit Card Owe $10,877.50 on 1/12/08 Banana Republic Owed $621.42 as of 12/25/07 Kohl's Credit Card Owed $319.95 as of Pd with money rec'd from Husband and Wife 1/3/08 Husband's parents NAMES OF ALL DEBTORS t -r John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant/Respondent CHERYL ANN ROSS, Plaintiff/Petitioner V. MICHAEL JAMES ROSS, Defendant/Respondent FILEt7-'D RCE OF THE M,T;-!F- OTAP.Y 2010 JUN 23 PIM 3- i5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1745 CIVIL ACTION - LAW IN DIVORCE AND NOW, comes the Defendant, Michael J. Ross, by and through his counsel, John J. Connelly, Jr., Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, and sets forth the following Answer to Plaintiff's Petition for Special Relief and for Exclusive Right to Reside in the Marital Residence.. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted with clarification. It is admitted that the Respondent, on occasion, has consumed alcohol to excess. However, the Petitioner has done the same. OF THE DIVORCE CODE AND PA.R.C.P.1920.43 4 r 8. Denied. Although the parties had arguments either or both were drinking alcohol and on many instances the arguments were generated by the Petitioner. There has been absolutely no physical abuse. 9. Denied. Any animosity in the household has not been caused solely by the Respondent but by the Petitioner as well. 10. Denied. The specific allegations contained in paragraph 10 are denied. Proof is demanded at time of hearing. The removal by the police on May 29, 2008 is a mischaracterization of the facts that occurred. Petitioner accused Respondent of being drunk when he was not and called the police. For the best interest of all concerned, the Respondent left the marital residence. 11. Denied. The Respondent's return to the household was occasioned by the request of the Petitioner. 12. Denied. Although the Respondent left the household prior to May 29, 2008, any return was occasioned at the request of the Petitioner and has not caused animosity nor deprived the children of stability or created a hostile environment. In fact, Respondent, during periods he was laid off from his employment, provided care for the parties' minor child, Jesslyn Ross, during the day when Petitioner was at work. 13. Denied. The Petitioner has provided the Respondent with mixed messages regarding leaving the residence. As indicated previously, he provides care for the minor child, Jesslyn Ross, during the day and throughout the period Petitioner alleges she requested that Respondent leave the residence, she would profess her love for him, drink alcohol with him and have sexual relations with him, all of which belies her allegations that she wanted him to leave or that he refused to do so. 14. Admitted. 2 t 15. Admitted. 16. Denied. An Order was entered by agreement of the parties. The Petitioner was unrepresented at the time of the exclusive possession hearing. 17. Said paragraph states a legal conclusion to which no response is required. 18. Said paragraph states a legal conclusion to which no response is required. 19. Admitted with clarification. It is admitted that Petitioner requested the Respondent return to the marital residence prior to the execution of the ninety (90) days. The Respondent is without information to determine what her instincts were at the time. 20. Denied. Although Respondent did not specifically attend Alcoholics Anonymous, at the encouragement of the Petitioner he contacted a long time friend who was involved in the management of Narcotics Anonymous and was advised by his therapist and this organization that the program at Narcotics Anonymous is equivalent to Alcoholics Anonymous. Petitioner was aware of Respondent's attendance at Narcotics Anonymous and would ask him how the meetings went. 21. Admitted in part and denied in part. It is denied that the Respondent has been violent and had prolonged outbursts in front of the children. It is admitted that both parties have argued in front of the children but Respondent is not solely responsible for those arguments. 22. Denied. Respondent makes every effort to have conversations with his relatives outside of the earshot of the children or Petitioner by going to the basement of their home or outside in the backyard to speak to them. 23. Denied and proof is demanded at time of hearing. 24. Said paragraph states a legal conclusion to which no response is required. 25. Said paragraph states a legal conclusion to which no response is required. 3 26. Denied. Granting the Petitioner exclusive possession of the residence would not alone mitigate the harm she alleges to her and the children since the Petitioner is significantly responsible for the upheaval that occurs in the household. 27. Denied. It is denied that the children would be more stable by having only one parent in the residence. 28. Denied. It is denied that the aims of the Divorce Code would best be served by awarding the Petitioner the right to live in the family home with the parties' children to the exclusion of the Respondent thereby effecting the children's relationship with their father. 29. Denied and proof is demanded at time of hearing. WHEREFORE, the Defendant/Respondent, Michael James Ross, requests that the Court dismiss the Petition filed on behalf of Plaintiff/Petitioner, Cheryl Ann Ross, for Exclusive Right to Reside in the Marital Residence. Dated: - By: Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP aQ?r o . Co elly, Jr. . . #15615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant/Respondent, Michael James Ross 4 VERIFICATION 1, Michael James Ross, verify that the statements made in the foregoing pleading 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: ? 4off' Io y Michael Jame CHERYL ANN ROSS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1745 MICHAEL JAMES ROSS, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the Defendant, Michael James Ross, hereby certify that I have served a copy of the foregoing Answer to Plaintiffs Petition for Special Relief and for Exclusive Right to Reside in the Marital Residence on the following on the date and in the manner indicated below: VIA U.S. MAIL. FIRST CLASS. PRE-PAID Tabetha A. Tanner, Esquire Tanner Law Offices, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: June Al 2010 By: ay o elly, Jr. , I. . #1561 650 Hershey, PA 17033-0650 (717) 533-3280 CHERYL ANN ROSS, Plaintiff vs. MICHAEL JAMES ROSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-1745 CIVIL IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND FOR EXCLUSIVE RIGHT TO RESIDE IN THE MARITAL RESIDENCE ORDER AND NOW, this z a ` day of September, 2010, hearing on the above-captioned petition is set for Friday, November 5, 2010, at 3:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, Tabetha Tanner Es uire q For the Plaintiff ~ John Connelly, Jr., Esquire For the Defendant :rlm ~~S m~c~ P g/~~ f~~ Kevin ess, J. -, - e_:_~ C.;7 ~~ ~; , -~~ ~ r ~5~ i :~: ~} u ..:.., ~= ~ ~ : ~~ _...~C`7 ~ ~~ •~'.. ~p 'B 6.l'f r°' John J. Connelly, Jr., Esquire Attorney I.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant CHERYL ANN ROSS, Plaintiff v. MICHAEL JAMES ROSS, Defendant Fl~t~-~FFf~~ ~,~ TP¢~ Fg ~~~~;~fiyC~T,~-`~ o'~~3FCt,.;-R,a~~~ ~,?~~~~E~~ . ~~w (.9R~y, cTt1'i °~y k, t s, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.08-1745 CIVIL ACTION -LAW :1N DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT Date of Marriage: June 19, 1999 Date of Separation: To be determined Divorce Complaint filing date: March 18, 2008 1. ASSETS A. Marital Property (1) Marital Residence -16 Beaver Road, Camp Hill, Pennsylvania Fair market value - $151,000.00 (stipulated by the parties) Mortgage balance - to be determined (approximately $119,000.00) Equity - $32,000.00 (approximately) (2) Husband's IRA balance through Wachovia - $16,207.00 as of December 31, 2007. Transferred to Scott Trade from Wachovia. Current balance -approximately $600.00. Monies used to pay joint debt and other family obligations including but not limited to mortgage payments after Husband lost his job in January 2009. (3) Members 1 ~` Checking and Savings Accounts -balances to be determined. (4) Wife's 401(k) - $7,005.70 as of December 31, 2007 (to be updated). (5) 2001 Toyota Tacoma (driven byHusband) -approximate value of $8,965.00; loan balance approximately $10,933.00; negative equity of $2,028.00. (6) 2000 Toyota 4-Runner (driven by Wife) -approximate value of $9,865.00; loan balance approximately $2,114.00; equity of $7,751.00. B. Non-marital Property of Wife (1) None. C. Non-marital Property of Husband (1) Post-separation contributions to Pension Plan through employer. 2. EXPERT WITNESSES None. 3. NON-EXPERT WITNESSES With the exception of the parties, Husband knows of no non-expert witnesses at this time. However, Husband reserves the right to supplement this answer should such become available and necessary. 4. EXHIBITS To be set forth prior to hearing. 5. INCOME A. Plaintiff/Wife - Wife is employed at Fox Dental, Ltd as a dental hygienist and also an adjunct professor at Harrisburg Area Community College. Her annual income is approximately $65,000.00. B. Defendant/Husband - Husband is employed at Gibson-Thomas Engineering Company. His current annual income is approximately $58,000.00. 6. EXPENSES At the current time the parties reside together and therefore Husband has not filed an Expense Statement since he is unable to determine his actual expenses when not residing in the marital residence. His expenses will be provided in advance of trial. 7. PENSIONS/RETIREMENT A. Plaintiff/Wife -Wife maintains a 401(k) through her employer. B. Defendant/Husband -Husband has not pension benefits. Prior pension monies paid for marital debt (see paragraph 1(A)(2) hereof). 8. COUNSEL FEES Each party shall be responsible for the payment of their own counsel fees. 9. PERSONAL PROPERTY DISPUTE It is believed that the parties will be able to divide their personal property in-kind without a need for this issue to be addressed by the Master. 10. DEBTS A. Citi Bank Credit Card -approximate balance $12,951.36 as of January 14, 2008. This card was paid in full by Husband through loan of $27,000.00 from his father. B. Discover Card -approximate balance $10,877.50 as of January 12, 2008; current balance unknown. C. Banana Republic -approximate balance $621.42 as of December 25, 2007. This card was paid in full by Husband through loan from his father. D. Home equity loan -approximate balance $15,500.00. This loan was paid in full by Husband through loan from his father. E. Kohl's Credit Card -approximate balance $319.95 as of January 3, 2008; current balance unknown. F. Debt to Husband's father - $27,000.00 (monies borrowed to consolidate and pay offthe parties' debt given the fact that Husband exhausted all resources in his pension plan to pay debt and could not find employment at the time therefore necessitating the loan from his father. 11. PROPOSED RESOLUTION It is proposed that the parties equally divide marital assets after a set off for the debt. Husband would assume responsibility for the $27,000.00 loan to his father. Wife would assume responsibility for the Discover Card as well as any other credit card debt in her name generated after the parties' separation. Since both parties would like to retain the marital residence, the decision as to that residence needs to be determined by the Master. 12. ESTIMATED LENGTH OF TRIAL One day. Dated: - (-~ 0 By: Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Attorneys for Defendant Hershey, PA 17033-0650 (717) 533-3280 CHERYL ANN ROSS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.08-1745 MICHAEL JAMES ROSS, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, John J. Connelly, Jr., Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Defendant, Michael James Ross, hereby certify that I have served a copy of Defendant's Pre-trial Statement on the following on the date and in the manner indicated below: U.S. MAIL. FIRST CLASS, PRE-PAID U.S. MAIL, FIRST CLASS. PRE-PAID E. Robert Elicker, II, Esquire Tabetha A. Tanner, Esquire Cumberland County Divorce Master Tanner Law Offices, LLC 9 North Hanover Street 1300 Market Street, Suite 10 Carlisle, PA 17013 Lemoyne, PA 17043 JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: November 1, 2010 By: J, hn onn , Jr. e 5615 P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Defendant CHERYL ANN ROSS, Plaintiff VS. MICHAEL JAMES ROSS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-1745 CIVIL IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF AND FOR EXCLUSIVE RIGHT TO RESIDE IN THE MARITAL RESIDENCE ORDER AND NOW, this !6 day of November, 2010, this matter having been called for hearing, both parties shall enjoy the right to reside at the real property at 16 Beaver Road, Camp Hill, Cumberland County, Pennsylvania 17011, but on condition that the defendant/respondent limit his communication with the plaintiff/petitioner to matters essential to the preservation of the real estate or the welfare of their children. As a further condition, the defendant/respondent is directed not to start arguments with the plaintiff/petitioner nor to yell, scream or swear at her. In the event that there are violations of this order, the defendant/respondent shall be ordered from the marital residence. BY THE COURT, Aabetha Tanner, Esquire For the Plaintiff ohn Connelly, Jr., Esquire For the Defendant :rlm Co i ES rnaa Lc ?r l c n? z -i rV 0 N O G.7 r? ?rn x(Z) tom'' r? L C.) Sim TJ -C S ?? ? ? -}'t is a-?'? .? L RLAINTIFVS EXHIBIT, PLAINTIFF"5 EXHIBIT .? C I ?. ?(,?; ? ?p_y?t J ?? ? i'? -, ?t ? ????U? ?yyl?cci. ?? )?????,?o?e? c`?-??-° Tanner Law Offices, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone (717) 731-8114 Fax (717) 731-8114 26,11 ?r!27 A (f l =fIMBEPlrr"; E PENNSYLVANIA CHERYL ANN ROSS, § Plaintiff § V. § MICHAEL JAMES ROSS, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1745 CIVIL TERM CIVIL ACTION - IN DIVORCE PRAECIPE TO REFER CLAIM FOR ALIMONY PENDENTE LITE TO CUMBERLAND COUNTY DOMESTIC RELATIONS To the Prothonotary: Plaintiff requests that the Plaintiff's claim for alimony pendente lite be referred to Cumberland County Domestic Relations and in support thereof represents that: 1. The Divorce Complaint was filed on March 18, 2008. 2. The Divorce Complaint was served on April 1, 2008. 3. The claim for alimony pendente lite was raised by the Plaintiff in the Divorce Complaint filed on March 18, 2008. 4. A Domestic Relations Intake Form has been provided to the Prothonotary for transmittal to Domestic Relations. bet) 5. The following is the information for any pending claim for support filed by either party that should be heard concurrently with the claim for alimony pendente lite: N/A Date- L & - -/a " 4, -/a x ? I ? Tabetha A. Tanner, Esquire Attorney for Plaintiff TANNER LAW OFFICES, LLC 1300 Market Street, Suite 10 Lemoyne, PA 17043 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 CHERYL ANN ROSS, Plaintiff/Petitioner V. MICHAEL JAMES ROSS, Defendant/Respondent § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 08-1745 Civil Term § CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Praecipe to Refer Claim for Alimony Pendente Lite to Cumberland County Domestic Relations, filed in the above- captioned matter upon the following person(s), by first class U.S. mail addressed as follows: Mr. John Connelly, Jr., Esquire James Smith Dietrick & Connelly, LLP 134 Sipe Avenue Hummelstown, Pennsylvania 17036 Date: (o a Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 CHERYL MI ROSS, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-1745 CIVIL TERM J. ROSS, IN DIVORCE Defendant/Respondent PACSES CASE: 757112552 ORDER OF COURT AN NOW, this 5th day of July, 2011, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, i is hereby ordered that the parties and their respective counsel appear before R. J. Shadday on August 5 2011 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. are further ordered to bring to the conference: (1) true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) our pay stubs for the preceding six (6) months (3) he Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) erification of child care expenses (5) roof of medical coverage which you may have, or may have available to you. If yo fail to appear for the conference or bring the required documents, the Court may issue a warrant for yo ur arrest. "v3 ?0D = t-., -s a-rt ca Copies maile d to: Petitioner. BY THE COURT, = C5- Respondent N p Tabetha A. Tanner, Esq. John J. Connelly, Jr., Esq. -.; co -;a Date of Orde : July 5, 2011 .,~ Edward E. Guido, Judge YOU HA HELP. THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR E THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 Tanner Law Offices, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 ftanner@tanner-law.com • ' T W-: PRIITNONOTAWi 2012 MAR 13 PM 1: 03 CUMBERLAND COUNTY PENNSYLMNiA In Re: The marriage of § IN THE COURT OF COMMON PLEAS OF CHERYL ANN ROSS, § CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff § V. § NO. 08-1745 CIVIL TERM MICHAEL JAMES ROSS, § CIVIL ACTION - DIVORCE Defendant § AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 18, 2008. 2. The marriage of the 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 Divorce. 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: 9/ /A ?" A,/ a • Cheryl Ross, Plaintiff • Tanner Law Offices, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 ttanner&tanner-law.com 40 :! E t 1 t °R I'ijd1OTAit 212 ?A? t 3 PP1 It 03 FE?? In Re: The marriage of CHERYL ANN ROSS, Plaintiff V. MICHAEL JAMES ROSS, Defendant § IN THE COURT OF COMMON PLEAS OF § CUMBERLAND COUNTY, PENNSYLVANIA § NO. 08-1745 CIVIL TERM § CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) 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. 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 made herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 3 / 9 d?,/ a - 65 Cheryl AnkRoss, Plaintiff CHERYL ANN ROSS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1745 r.,3 MICHAEL JAMES ROSS, : CIVIL ACTION - LAW - -?c rnn Defendant : IN DIVORCE xrrat ;r:70 ' -5 AFFIDAVIT OF CONSENT :ZF3 5:c: :- ter-,. 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code w?4s f& an March 18, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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 above 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: Michae James R be, Defendant CHERYL ANN ROSS, : IN THE COURT OF COMMON PLEAS Plaintiff C : CUMBERLAND COUNTY, PENNSYLVANIA Z a, ; 0 rn CO Z:rn Z3 V. : NO. 08-1745 -;:o r; ..? 3? ca MICHAEL JAMES ROSS, : CIVIL ACTION - LAW Defendant : IN DIVORCE zp --X C-n X- :w WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made above 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: 15/12, , -M I Michael James Ro endant CHERYL ANN ROSS, Plaintiff VS. MICHAEL JAMES ROSS, Defendant: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1745 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this j4 day of , 2012, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated March 9, 2012, 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: ? Tabetha A. Tanner Attorney for Plaintiff V John J. Connelly, Jr. Attorney for Defendant tLP,es n4a Kev' A. Hess, Gtl C:7'?:.- Mar 29 12 08:55a Tanner Law Offices 7177318115 In Re: The marriage of § CHERYL ANN ROSS, § Plaintiff § V. § MICHAEL JAMES ROSS, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1745 CIVIL TERM CIVIL ACTION - DIVORCE MARTTAI. SETTLEMENT ACRE.E ENT p.5 4- This Agreement, made and entered into this 9' day ofJ%r&?, 2012, between CHERYL ANN ROSS, residing at 7 Pcnnsylvania Avenue, Apartment D, Caunp Bill, Cumberland County, Pennsylvania 17011, (hereinafter referred to as "Wife,", and collectively with "Husband" as "the parties") and MICHAEL JAMES ROSS, residing at 16 Beaver Road, Camp Hill, PA 17011, (hereinafter referred to as "Husband", and collectively with "Wife" as "the parties"). Wi.TN ESSETH: WHEREAS, the parties were married on June 19, 1999, and remain married; and. WHEREAS, presenfy irreconcilable differences having arisen. bctwccn the parlles, as a result of.'which lhcy been living; separate and apart since January 10, 2008, and intend to continue living separate and apart; and WHEREAS, it is the intention of Husband and Wife to live separate and apart, and the parties hereto arc desirous of settling fully and finally their respective financial and property rights as between each other, including without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them Pagc 1 of 13 Mar 29 12 08:55a Tanner Law Offices 7177318115 P.6 relating to the past, present and future support, alimony and/or maintenance; and the settling of any and all claims and possible claims by either party against the estate of the other party; and WHEREAS, the parties have disclosed to the other's satisfaction the nature and value of all of their presently constituted assets, liabilities and incornc; and WHEREAS, Wi 1e having been represented by the law firm of Tanner Law Offices, LLC with offices located in Camp Hill, Pennsylvania, and HLLsband having been represented by the law finn of James, Smith, Dietterick & Connelly, with offices located in Hershey, Pennsylvania. NOW THEREFORE., in consideration of the mutual promises, covenants, agreements and terms herein contained, and for other good and valuable consideration, receipt of which is hereby acknowlcdbed by each of the parties, the parties hereto intending to be legally bound hereby covenant and agree as follows: ARTICLE I SPOUSAL SUPPORT AND MAINTENANCE 1. WAIVER OF ALIMONY. Husband and Wile recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory in regard to support and maintenance, past, present and future. The parties release and discharge the other nbsolutcly and forever for the rest of their lives for all claims and demands, past, present and future, for alimony, alimony pendenre lire or for any provisions [of support and maintenance, except as set forth herein. INSURANCE. Neither party shall have any obligation to provide or maintain any form of insurance for the other's benefit; such insurance to include, without limitation, health, life, Pa.gc 2 of 13 Mar 29 12 08:55a Tanner Law Offices 7177318115 p.7 automobile, disability, homeowner's, etc., and neither shall have any obligation to pay any of the other's unrcimbursed, uncovered licalth-related expenses. ARTICLE 11 EQUITABLE DISTRIBUTION ;. MARITAL HOME. The parties acknowledge that during the inalTiagc, they were vested with title, as tenants by the entirety, to premises located at 16 Beaver Road, Camp Hill, PA 17011, (hereinafter refereed to as the "marital home'). Husband shall retain possession of said marital home and Wife shall sign a quit-claim decd, prepared by Husband's attorney, snaking Husband sole owner of the home. Husband shall within sixty (60) days of the date of this Agreement, secure a removal of Wife's name from the current mortgage obligation either by mortgage modification or any other method necessary to accomplish Wife's removal and release from the financial obligation. Once signed, the Quit-Claim Decd shall be held by Wife's attorney until such time as the deed is needed to either complete the mortgage modi l ieation removing W i fc's namc or complete the re-fniancing. The transfer for the purpose of completing either a modification or re-financing is entirely contingent on the relief of Wife's namc. If Husband is unsuccessful in re-financing or modifying the mortgage, removing Wife's financial obligation, then Husband shall diligently re-apply for a mortgage re-financc or modification every six (6) months from the date of denial thereafter until the rc-finance or modification tion is success-fill. Husband shall at all thnes indernnify and hold Wife hann.less with regard to any mortgage, tax Page 3 of 13 Mar 28 12 08:55a Tanner Law Offices 7177318115 p.8 or insurance deficiency prior to the completion of the refinance or modification. A t such time as the re-finance or modification is successful, Wife shall cooperate in executing a new Quit- Claim Deed, transi:erring title of the property to Husband 4. CASH SETTLEMENT. As an equitable distribution of the parties' jointly acquired assets, the parties agree that J"Jwsband shall pay to Wife, a one-lime lump sum of $13,300. Said payment shall be made no later than ten (10) days after the completion of the mortgage refinance or mortgage modification or the initial denial thereof. 5. AUTOMOBILES. The parties agree that each shall retain ownership of the automobile presently in their possession. Husband agrees to convey all of his right, title and interest in and to the Toyota 4 Runner to Wife by tendering acid fully executing any and all documents necessary to accomplish this conveyance. Wife agrees to convey all of her right, title and interest in and to the Toyota. Tacoma to Husband by tendering and fully executing any and all documents necessary to accomplish this conveyance. The parties understand and acknowledge that each shall continue to be responsible for any and all obligations with respect to their respective automobiles including, without limitation, costs of maintenance and repairs, license, registration, insurance and any miscellaneous charges in connection therewith. 6. BANK AND FINANCIAL ACCOUNTS. Husband and Wife acknowledge that they do not possess any bank accounts or the like in both of their names. They hereby agree that each shall become sole owner of their respective accounts and each hereby waives any interest in, ur claim Pagc 4 of 13 Mar 29 12 08,55a Tanner Law Offices 7177318115 p.9 to. any funds held by the other in any accounts. The parties each hereby waive, release and relinquish any and all right, title and interest either may have in and to the other's separately titled bank and financial accounts; including, without limitation, cliecking, savings, certificates ofdeposit,money markets and financial investmentaccount-, ofwhateverkind andnature, other than those more specifically addressed lierein, and neither shall make any claim against the other's property now or in the future. The parties furtber agree that Husband shall. keep the Scottstrade account. 7. RETIREMENT PLAINS, 401(k)s, IRAs and DEFERRED SAVINGS PLANS. Husband hereby waives, releases and relinquishes any mid all right, title and interest to Wife's 401(k) account, or any other such retirement benefit of like kind acid character. Wife hereby waives, releases and relinquishes any and all right, title and interest to Husband's IRA account, or any other such retirement benefit of like kind and character. 8. STOCKS AND BONDS. The parties agree to mutually waive, release and relinquish any and all right, title and interest either may have to any other stocks, stock plans and bonds presently in either party's nanxc. The parties agree to retain possession and ownership or-such property as same is presently titled. 9. PERSONAL AFFEC, TS. Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which linveheretoforc been used by them Pagc 5 of 13 Mar 29 12 08c55a Tanner Law Offices 7177318115 p.10 in common, and neither party will make any claim to any such items which arc now in the possession or under the control oC the other. Each party hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the otlicr, and which shall become the sole and separate property of the other from the date of execution hereof. The parties specifically agree as, follows: Wife, accompanied by a constable, on Sunday March 19, 2012, at 10:30 A.M., without the presence of Husband, shall be entitled to enter the marital home to collect the following items of personal property: a. the metal planter that her father madc; b. the lunp in the basement that she purchased in Florida; C. the digital camera; d. the wooded book case that her cousin made that is in Autumn's room; the blender; e. a fair distribution of the cookware and some of the large utensils; f. the pampered chef set - mustard, purple, :rid maroon; g. the Tupperware plastic veggie tray; h. the card table; i. music albums in basement; Page 6 of 13 Mar 28 12 08:55a Tanner Law Offices 7177318115 j. craft bins with craft supplies; k. photographs and pictures from Cruise; 1. her childhood baby booi<; M. American Girl doll and other items purchased for nutunhn; n. Autumn's clothing; o. kids games; p. other personal items that are fair and reasonable. p.11 While rctricving the above named items from the marital home, Wile shall make a complete list of llic items, and the Constable shall be a witness to the items being properly listed. Wife shall provide Wife's counsel with a copy of the complete list of all items removed from the home no later than Monday, March 19, 2012 and Wife's attorney shall provide a copy of said Iist to Husband's counsel. Should Husband have any objections to any items taken by Wife, Husband's attorney shall notify Wine's attorney of same. Wife shall, within 48 hours of being notified of the objection, turn said items over to Wife's attorney to hold until the dispute over the items can be resolved between counsel and the parties. 10. ASSETS ACQUIRE DSUBSEQUENTTOTHE EXECUTION OF THIS AGREEMENT. The partics agree that any asset of whatever Icind and nature acquired by any possible means and titled in their individual name or in the name of anothcr shall forever hereafter remain their Pagc 7 of 13 Mar 29 12 08:56a Tanner Law Offices 7177318115 p.12 separate property and shall not be subject to distributi0al, equitable or otherwise, in any possible future proceeding concerning the status of the parties' marriage. ARTICLE 111 MARITAL DEBT 11. MARITAL DEBT. Each party shall maintain sole and exclusive responsibility for the payment of any and all debt in his or her individual name. The parties specil ically represent that they are aware of no outstanding debt in th.c joint names of both parties, other than thejoint Discover credit card debt in Wife's name. To the extent that any such joint debt may exist, said debt shall be assumed. by the party to whom request for payment has been sent up to the effective date of this Agreement. Specifically, Wife shalt pay all jointly acquired Discover credit card debt. Husband shall pay the debt due to his father. The party assuming such debt sha11 indemnify and hold the other party harmless against any liability arising therefrom. 12. CREDIT ACCOUNTS. To the extent that either party may presently have in their possession credit cards or credit/financial account access cards, which credit was obtained in the name of the other, each agrees to immediately refrain firom using such cards at any time now or in the future, and to this end each further agrees to surrender same to the appropriate titled party forthwith. Pagc 9 of 13 Mar 29 12 08:56a Tanner Law Offices 7177318115 p.13 ARTICLE IV INDEPENDENT LEGAL REPRESENTATION 13. INDEPENDENT LEGAL REPRESENTATION. The parties acknowledge that each has bad the opportunity to be represented by independent counsel with respect to the negotiation, drafting and execution of this Agreement. Wife has been represented by Tanner Law Offices, LLC, with offices in Camp Hill, Pennsylvania and Husband, has been represented by James, Smith, Dietterick & Connelly, with offices located in Bcrshey, Pennsylvania. The parties represent and acknowledge that each understands all of the legal and practical effects of this Agreement, and with this understanding, each signs voluntarily, of'their own free will, and without any undue influence, fraud, coercion or duress of any kind whatsoever exercised upon either of them by any person. ARTICLE V MISCELLANEOUS PROVISIONS 14. NO MOLESTATION OR INTERFERENCE. The parties agree that neither will molest. malign, disturb, or interfere with the other or the other's relatives in ally manner whatsoever during the period of their separation. Each shall be free from interference, direct or indirect, by the other, and be entitled to live their life as if single and unm'Wried to the other. 15. NO BAR TO DIVORCE. This Agreement shall not al'Icct or bar the right of Husband or Wife to a. divorce on lawful grounds or to any defense which may be available to either party. This Agreement is aiot intended to condone and shall not be deemed to be a condonation on the Pagc 9 of 13 Mar 29 12 08:56a Tanner Law Offices 7177318115 p.14 part of either party hereto of any act or acts on the part of the other party which have occasioned the ii-reconcilable differences between the parties. 16. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiinuig that the marriage is irretrievably brol<cn under Section 3301(c) of the Pemisylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and agree to execute any and all Affidavits or other documents necessary for the parties to obtain an absolYUc divorce pursuant to Section 3301(c) of tile: Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property are accepted by each party as full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either or the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof, steal I alter, amend or varyany term of this /agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. Page 10 of 13 Mar 29 12 08:56a Tanner Law Offices 7177318115 p.15 17. INCORPORATION OF DIVORCE DECREE. it is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in ;ill respects survive the same and he forever binding and conclusive upon the parties. is. EXECUTION OF DOCUMENTS. Simultaneously with the signing of this Agreement, the Wife; shall execute: the aforementioned Quit-Claim Deed. In addition, Husband and Will shall both execute all necessary documents to transfer titles to each others' respective vehicle. Finally, both Nusband and Wife shall execute Affidavits and Waivers required to Finalize the divorce. 19. ENTIRE UNDERSTANDING. The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. 20. MODIFICATION OF THIS AGREEMENT. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. Page 11 of 13 Mar 29 12 08:56a Tanner Law Offices 7177318115 p.16 21. BREACH. In the event that either party breaches any provision ol'this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, Including, but not limited to, cowl costs and reasonable counsel fees of the other party. I n the event o f a breach, the other party shall have the right, at his or her election, to suc for dantales for such breach or to seek such other and additional remedies m way be available to him or her. 22. A.PPLTCABLE LAW. The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. DESCRIPTIVE HEADINCS. The descriptive headings used herein arc for c;onvcnience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. Pagc 12 of 13 Mar 29 12 08:5Ga Tanner Law Offices 7177318115 p.17 IN WITNESS WHEREOF, and intending to be legally bound. the parties have set their bands and seals the day and year written below their respective names. C11cryl. Ross, Wife iz Date: 111 Tabetba A. 'fanner, Esquire Attorney for Wine Michael Ross, • sband Date: ?) CJ I Z- Tr., Esquire isband P1gc 13 of 1.3 In Re: The marriage of § CHERYL ANN ROSS, § Plaintiff § V. § MICHAEL JAMES ROSS, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1745 CIVIL TERM CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: t2 f=-,D - < ? -rj - ?"? l l sta. ?... `:{y dl! CD '.. ' t r'_ .. -fry Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and Manner of Service of the Complaint: United States Postal Service, first class mail, postage prepaid, certified, restricted delivery. Return receipt dated April 1, 2008. 3. Date of Execution of the Affidavit of Consent Required by Section 3301(c) of the Divorce Code: by Plaintiff on March 9, 2012; by Defendant on March 5, 2012. 4. Related Claims Pending: no other marital claims pending. All marital claims were settled by the enclosed Marital Settlement Agreement dated March 9, 2012, which is to be incorporated but not merged into the Divorce Decree. 5. Date of Filing Waivers of Notice: Plaintiff's Waiver of Notice was filed was filed on March 13, 2012. Defendant's Waiver of Notice was filed on March 13, 2012. In Re: The marriage of § IN THE COURT OF COMMON PLEAS OF.`-2 CHERYL ANN ROSS, § CUMBERLAND COUNTY, PENNSYLV11 Plaintiff § t?+.J NO. 08-1745 CIVIL TERM § W ::r7- MICHAEL JAMES ROSS, § CIVIL ACTION - DIVORCE Defendant MARITAL SETTLEMENT AGREEMENT This Agreement, made and entered into this q 44A_ day of q rcA , 2012, between CHERYL ANN ROSS, residing at 7 Pennsylvania Avenue, Apartment D, Camp Hill, Cumberland County, Pennsylvania 17011, (hereinafter referred to as "Wife,", and collectively with "Husband" as "the parties") and MICHAEL JAMES ROSS, residing at 16 Beaver Road, Camp Hill, PA 17011, (hereinafter referred to as "Husband", and collectively with "Wife" as "the parties") WITNESSETH: WHEREAS, the parties were married on June 19, 1999, and remain married; and WHEREAS, presently irreconcilable differences having arisen between the parties, as a result of which they been living separate and apart since January 10, 2008, and intend to continue living separate and apart; and WHEREAS, it is the intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights as between each other, including without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them Page 1 of 13 relating to the past, present and future support, alimony and/or maintenance; and the settling of any and all claims and possible claims by either party against the estate of the other party; and WHEREAS, the parties have disclosed to the other's satisfaction the nature and value of all of their presently constituted assets, liabilities and income; and WHEREAS, Wife having been represented by the law firm of Tanner Law Offices, LLC with offices located in Camp Hill, Pennsylvania, and Husband having been represented by the law firm of James, Smith, Dietterick & Connelly, with offices located in Hershey, Pennsylvania. NOW THEREFORE, in consideration of the mutual promises, covenants, agreements and terms herein contained, and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, the parties hereto intending to be legally bound hereby covenant and agree as follows: ARTICLE I SPOUSAL SUPPORT AND MAINTENANCE I . WAIVER OF ALIMONY. Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory in regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present and future, for alimony, alimony pendente lite or for any provisions for support and maintenance, except as set forth herein. 2. INSURANCE. Neither party shall have any obligation to provide or maintain any form of insurance for the other's benefit; such insurance to include, without limitation, health, life, Page 2 of 13 automobile, disability, homeowner's, etc., and neither shall have any obligation to pay any of the other's unreimbursed, uncovered health-related expenses. ARTICLE II EQUITABLE DISTRIBUTION 3. MARITAL HOME. The parties acknowledge that during the marriage, they were vested with title, as tenants by the entirety, to premises located at 16 Beaver Road, Camp Hill, PA 17011, (hereinafter refereed to as the "marital home"). Husband shall retain possession of said marital home and Wife shall sign a quit-claim deed, prepared by Husband's attorney, making Husband sole owner of the home. Husband shall within sixty (60) days of the date of this Agreement, secure a removal of Wife's name from the current mortgage obligation either by mortgage modification or any other method necessary to accomplish Wife's removal and release from the financial obligation. Once signed, the Quit-Claim Deed shall be held by Wife's attorney until such time as the deed is needed to either complete the mortgage modification removing Wife's name or complete the re-financing. The transfer for the purpose of completing either a modification or re-financing is entirely contingent on the release of Wife's name. If Husband is unsuccessful in re-financing or modifying the mortgage, removing Wife's financial obligation, then Husband shall diligently re-apply for a mortgage re-finance or modification every six (6) months from the date of denial thereafter until the re-finance or modification is successful. Husband shall at all times indemnify and hold Wife harmless with regard to any mortgage, tax Page 3 of 13 or insurance deficiency prior to the completion of the re-finance or modification. At such time as the re-finance or modification is successful, Wife shall cooperate in executing a new Quit- Claim Deed, transferring title of the property to Husband. 4. CASH SETTLEMENT. As an equitable distribution of the parties' jointly acquired assets, the parties agree that Husband shall pay to Wife, a one-time lump sum of $13,300. Said payment shall be made no later than ten (10) days after the completion of the mortgage refinance or mortgage modification or the initial denial thereof. 5. AUTOMOBILES. The parties agree that each shall retain ownership of the automobile presently in their possession. Husband agrees to convey all of his right, title and interest in and to the Toyota 4 Runner to Wife by tendering and fully executing any and all documents necessary to accomplish this conveyance. Wife agrees to convey all of her right, title and interest in and to the Toyota Tacoma to Husband by tendering and fully executing any and all documents necessary to accomplish this conveyance. The parties understand and acknowledge that each shall continue to be responsible for any and all obligations with respect to their respective automobiles including, without limitation, costs of maintenance and repairs, license, registration, insurance and any miscellaneous charges in connection therewith. 6. BANK AND FINANCIAL ACCOUNTS. Husband and Wife acknowledge that they do not possess any bank accounts or the like in both of their names. They hereby agree that each shall become sole owner of their respective accounts and each hereby waives any interest in, or claim Page 4 of 13 to, any funds held by the other in any accounts. The parties each hereby waive, release and relinquish any and all right, title and interest either may have in and to the other's separately titled bank and financial accounts; including, without limitation, checking, savings, certificates of deposit, money markets and financial investment accounts of whatever kind and nature, other than those more specifically addressed herein, and neither shall make any claim against the other's property now or in the future. The parties further agree that Husband shall keep the Scottstrade account. 7. RETIREMENT PLANS, 401(k)s, IRAs and DEFERRED SAVINGS PLANS. Husband hereby waives, releases and relinquishes any and all right, title and interest to Wife's 401(k) account, or any other such retirement benefit of like kind and character. Wife hereby waives, releases and relinquishes any and all right, title and interest to Husband's IRA account, or any other such retirement benefit of like kind and character. 8. STOCKS AND BONDS. The parties agree to mutually waive, release and relinquish any and all right, title and interest either may have to any other stocks, stock plans and bonds presently in either party's name. The parties agree to retain possession and ownership of such property as same is presently titled. 9. PERSONAL AFFECTS. Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them Page 5 of 13 in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Each party hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. The parties specifically agree as follows: Wife, accompanied by a constable, on Sunday March 18, 2012, at 10:30 A.M., without the presence of Husband, shall be entitled to enter the marital home to collect the following items of personal property: a. the metal planter that her father made; b. the lamp in the basement that she purchased in Florida; C. the digital camera; d. the wooded book case that her cousin made that is in Autumn's room; the blender; e. a fair distribution of the cookware and some of the large utensils; f. the pampered chef set - mustard, purple, and maroon; g. the Tupperware plastic veggie tray; h. the card table; i. music albums in basement; Page 6 of 13 j. craft bins with craft supplies; k. photographs and pictures from Cruise; 1. her childhood baby book; in. American Girl doll and other items purchased for Autumn; n. Autumn's clothing; o. kids games; P. other personal items that are fair and reasonable. While retrieving the above named items from the marital home, Wife shall make a complete list of the items, and the Constable shall be a witness to the items being properly listed. Wife shall provide Wife's counsel with a copy of the complete list of all items removed from the home no later than Monday, March 19, 2012 and Wife's attorney shall provide a copy of said list to Husband's counsel. Should Husband have any objections to any items taken by Wife, Husband's attorney shall notify Wife's attorney of same. Wife shall, within 48 hours of being notified of the objection, turn said items over to Wife's attorney to hold until the dispute over the items can be resolved between counsel and the parties. 10. ASSETS ACQUIRED SUBSEQUENT TO THE EXECUTION OF THIS AGREEMENT. The parties agree that any asset of whatever kind and nature acquired by any possible means and titled in their individual name or in the name of another shall forever hereafter remain their Page 7 of 13 separate property and shall not be subj ect to distribution, equitable or otherwise, in any possible future proceeding concerning the status of the parties' marriage. ARTICLE III MARITAL DEBT 11. MARITAL DEBT. Each party shall maintain sole and exclusive responsibility for the payment of any and all debt in his or her individual name. The parties specifically represent that they are aware of no outstanding debt in the joint names of both parties, other than the joint Discover credit card debt in Wife's name. To the extent that any such joint debt may exist, said debt shall be assumed by the party to whom request for payment has been sent up to the effective date of this Agreement. Specifically, Wife shall pay all jointly acquired Discover credit card debt. Husband shall pay the debt due to his father. The party assuming such debt shall indemnify and hold the other party harmless against any liability arising therefrom. 12. CREDIT ACCOUNTS. To the extent that either party may presently have in their possession credit cards or credit/financial account access cards, which credit was obtained in the name of the other, each agrees to immediately refrain from using such cards at any time now or in the future, and to this end each further agrees to surrender same to the appropriate titled party forthwith. Page 8 of 13 ARTICLE IV INDEPENDENT LEGAL REPRESENTATION 13. INDEPENDENT LEGAL REPRESENTATION. The parties acknowledge that each has had the opportunity to be represented by independent counsel with respect to the negotiation, drafting and execution of this Agreement. Wife has been represented by Tanner Law Offices, LLC, with offices in Camp Hill, Pennsylvania and Husband, has been represented by James, Smith, Dietterick & Connelly, with offices located in Hershey, Pennsylvania. The parties represent and acknowledge that each understands all of the legal and practical effects of this Agreement, and with this understanding, each signs voluntarily, of their own free will, and without any undue influence, fraud, coercion or duress of any kind whatsoever exercised upon either of them by any person. ARTICLE V MISCELLANEOUS PROVISIONS 14. NO MOLESTATION OR INTERFERENCE. The parties agree that neither will molest, malign, disturb, or interfere with the other or the other's relatives in any manner whatsoever during the period of their separation. Each shall be free from interference, direct or indirect, by the other, and be entitled to live their life as if single and unmarried to the other. 15. NO BAR TO DIVORCE. This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense which may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the Page 9 of 13 part of either party hereto of any act or acts on the part of the other party which have occasioned the irreconcilable differences between the parties. 16. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and agree to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property are accepted by each party as full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either or the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order, or further modification or revision thereof, shall alter, amend or vary any term of this Agreement. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. Page 10 of 13 17. INCORPORATION OF DIVORCE DECREE. It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 18. EXECUTION OF DOCUMENTS. Simultaneously with the signing of this Agreement, the Wife shall execute the aforementioned Quit-Claim Deed. In addition, Husband and Will shall both execute all necessary documents to transfer titles to each others' respective vehicle. Finally, both Husband and Wife shall execute Affidavits and Waivers required to finalize the divorce. 19. ENTIRE UNDERSTANDING. The parties acknowledge and agree that this Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or understandings between the parties other than those expressly set forth herein. -20. MODIFICATION OF THIS AGREEMENT. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. Page 11 of 13 21. BREACH. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited to, court costs and reasonable counsel fees of the other party. In the event of a breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 22. APPLICABLE LAW. The parties hereto agree that this Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. Page 12 of 13 IN WITNESS WHEREOF, and intending to be legally bound, the parties have set their hands and seals the day and year written below their respective names. ?Az a - 6? Cheryl Ross, Wife Date: j/'7 //2 Tabetha A. Tanner, Esquire Attorney for Wife Michael Ross, sband Date: ? 1 FJ 11 Z- , Jr., Esquire usband Page 13 of 13 AM 1j: ?L."'t!'itJ C I t? ut _ aJ ?t NI TANNER LAW OFFICES, LLC 3507 Market Street, Suite 303 Camp Hill, PA 17011 Telephone: (717) 731-8114 Facsimile: (717) 731-8115 CHERYL ANN ROSS, § Plaintiff § V. § MICHAEL JAMES ROSS, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1745 CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT I served a copy of the Complaint in Divorce filed in the above-captioned matter upon the Defendant, Michael James Ross, by regular and certified mail, restricted delivery, return receipt requested, addressed as follows: Mr. Michael James Ross 1 South Market Square 213 South Market Street 6`r' Floor Harrisburg, PA 17101 and did thereafter receive same as evidenced by the attached Post Office receipt card dated April 1, 2008. Respectfully submitted, 4.??? Tabetha A. Tanner, Esquire Supreme Court I.D. No.: 91979 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: m( iNc i?3ames mss -b. L.. Corn'pan j cs I bc,,U (Y1 orke S*a-re, A-3 J 01A h ma A IO-4- 5f1) ?`i?' Tor PA- lotto! A. Signature X ? A4 ? Ac B. Received by (Prtrrted Name r.-I WA of different from Rem I A ? * rry address below: ? No 3. Service lype ® Certified Mall ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Man ? C.O.D. 4. Restricted Delivery? (Extra Fee) p Yes 2. ArWeNumber 7007 2680 0001 0658 6466 Maim* Hom servks JOIN PS Form 3811, February 2004 Domeetlc Retum Reosipt 102596-02_WI640 Cheryl Ann Ross V. Michael James Ross IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-1745 - Civil DIVORCE DECREE AND NOW, it is ordered and decreed that Cheryl Ann Ross , plaintiff, and Michael James Ross 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. The Marital Settlement Agreement, dated March 9, 2012, is incorporated but not merged into this Decree. By the Court, Prothonotary ? 14.12 - ee(?. O fjce ?ollnu°?? rY?o?iled {? /77 ?Y